Document Moscow_doc_770591d385

CONSTRUCTION AGREEMENT SIXTH AND JACKSON REALIGNMENT BETW EEN CITY OF MOSCOW , IDAHO AND M.L. ALBRIGHT & SONS, INC. THIS CONSTRUCTION AGREEMENT SIXTH AND JACKSON REALIGNMENT BETWEEN CITY OF MOSCOW, IDAHO AND M.L. ALBRIGHT & SONS, INC. (hereinafter "Agreement"), dated thisԜ day 1:Q 1 bR tJ; , 2017, by and between the City of Moscow, Idaho, a municipal corporation of the Sta / ofid o , 206 East Third Street, Moscow, ldaho, 83843 (hereinafter "City"), and M.L. Albright & Sons, Inc., P 0 Box 603, Lewiston, Idaho, 83501 (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 off er 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: I. Advertisement for Bids; 2. Project Specifications titled: Sixth and Jackson Realignment City of Moscow Project No. 102-105 3. Bid/Proposal of Contractor, dated June 6, 2017, physica11y 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. SIXTH AND JACKSON REALIGNMENT CITY AND M.L. ALBRIGHT & SONS, INC. PAGE 1 OF5 1-01'1-ԝ5 I ---PAGE BREAK--- ARTICLE2. W ORK Contractor shall complete the entire work as specified, indicated, and required under the Contract Documents for City project (hereinafter "Project") titled: "Sixth and Jackson Realignment" ARTICLE3. CONTRACT TIM:E/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Agreement shall be substantially completed by September 1, 2017. 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 Eight Thousand Three Hundred Forty and 40/100 Dollars ($358,340.40) as submitted by Contractor. In no event shall Contract amount exceed Contractor's bid amount of Three Hundred Fifty Eight Thousand Three Hundred Forty and 40/100 Dollars ($358,340.40) 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. SIXTH AND JACKSON REALIGNMENT CITY AND M.L. ALBRIGHT & SONS, INC. PAGE2 OF 5 ---PAGE BREAK--- 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 property 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. ARTICLE9. ENTIRE 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 shalJ be adhered to at all times. Violation of any of these statutes or regulations by Contractor shall be deemed material and shalJ 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. SIXTII AND JACKSON REALIGNMENT CITY AND M.L. ALBRIGHT & SONS, INC. PAGE30F5 ---PAGE BREAK--- ARTICLE 11. 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. 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 of ldaho, in and for the County of Latah. ARTICLE 13. SPECIAL W ARRANTY 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: M.L. Albright & Sons, Inc. P.O. Box 603 Lewiston, Idaho 83501 ARTICLE 15 . EXECUTION City: City Engi!leer City pf 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: M. L. Albright & Sons, Inc. SIXTH AND JACKSON REALIGNMENT CITY AND M.L. ALBRIGHT & SONS, INC. City: City of Moscow, Idaho ÷ PAGE4 OF 5 ---PAGE BREAK--- Approved As To Form: 6lim Roderick Hall, City Attorney ACKNOWLEDGMENT State of C ö C) County of õ ?_Jj\ ll ) ) :ss ) On this ljNJay of --::flPLj r. 11; , 2017, bef_ore me, the undersigned, a Notary in and for said State, personally appeared Sha:fe.rl AJbright, known to me to be the person whose name is subscribed to the foregoing Agreement and acknowledged to me that she executed the same in her capacity as President for M.L. Albright & Sons, Inc. . ; . , A L ' ( ܰ E3.o. 11.1 sefkL*r:ԗ , ኧ 'So-Ԙ CljS° ከ እ ߜ - ƛ = ኦ NOTARY ܮ ԕ Ԗ PUBL\C § § ߠ ߢ § ߞ ߛ S' ߟ ߝ ܯi'' ,,ߣo ߡ 111, 'E Of \v " " SIXTH AND JACKSON REALIGNMENT CITY AND M.L. ALBRIGHT & SONS, INC. Notary Public residing Ɯ _ . My commission expires: q - 2 D - J PAGES OF5 ---PAGE BREAK--- INVITATION TO BID The City of Moscowƛ Idaho is accepting sealed bids to be submitted to the business office of The Public Works Engineering Division at 221 E. Second Street, Moscow, Idaho 83843, and clearly marked "Bid Enclosed- Sixth and Jackson Realignment'' until 2:00 p.m., prevailing local time, Tuesday, .June 6, 2017, for the following project: SIXTH AND JACKSON REALIGNMENT At 2:15 p.m., on the same day, all proposals will be publicly opened and read aloud in the City Hall Council Chambers, on the second floor of City Hall, 206 East Third Street, Moscow, TD 83843. This project's base hid includes re-construction of Sixth Street for realignment of the eastbound thru and turning lanes of Sixth and Jackson. This project will include removal of existing sidewalk and curb; additions to storm sewer system; construction of sidewalk, curb/gutter, pedestrian ramp, hot mix asphalt patching, precast concrete tree wells, concrete pavers, illumination system, and pavement markings. Complete digital Project Manual and Project Plans, may viewed at browscJipp browse gridJ1tml'!group= I 800436&provid c1=1820436 you may download the digital plan documents for a non-refundable fee of $20.00. The Quest project number is 5143897. Please contact at [PHONE REDACTED] or for assistance in free membership registration, downloading, and working with digital project information. The Contract Documents nrny also he examined at the City of Moscow Paul Mann Building (Engineering Division), 221 East Second Street, Moscow, ID 83 843. Questions should be directed to Bob Buvel , P.E., City of Moscow Engineering Division, 221 East Second Street, Moscow, ID. Phone [PHONE REDACTED] or Email: [EMAIL REDACTED] Any objections to the contents or tem1s of the documents shall be raised three business days prior tn hid opening or it shall be deemed to have been waived. The City reserves the right to reject any and al l Bid Proposals, to waive any formality in the Bidding Contract Documents and to make selection to the lowest responsive, responsible and qualified Bidder as it may best serve the interest of the Owner. Sandra Collins, Deputy City Clerk Publish Dates: May 20 & 27, 2017 AND JACKSON R[ALIGNMENT PAGE I OF 132 ---PAGE BREAK--- TO: Mayor and City Council City of Moscow, Idaho BID PROPOSAL Date: rJ 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 SIXTH AND JACKSON REALIGNMENT, (hereinafter "Project"), specified herein and which construction documents arc on file with the City Engineer, Paul Mann Building, 221 East Second Street, 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 I 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 in 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. SIXTH AND JACKSON REALIGNMENT PAGE20F 132 ---PAGE BREAK--- 8. The undersigned, as a bidder, acknowledges that Addenda Number 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 fo11h in paragraph IB-13 of the Instruction to Bidders. owe - c 10. The undersigned holds Idaho Public Work's License Number J ò y 0 ,-ԒԓIԔ 2 - 3 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 JB-16: Idaho Public Subcontractors Trade Specialty Works License No. $Amount _ 3 · . ܭwc-c.. . ii ct) a. Co pG1li'.;J o-Y ght/0 . ԏ J- -G I I I Ot.}-13 :t c.iJ b:J\'l\Jl.41>.1':),,5 m IMIPl 3 V' g, 3ܬ, 4 q OSl! . \ ƚ , l(lOt:- G 0 J Jq c. U1\1'\{LJ CMJ- ro,11r".Je 0- l - :L-3 2l 2Ԑ5 5\ , [f1 \.J.C--iܩ) oo LI: Liu '2SS 2 li (f ?so v ߙߚ c.,o C> 265°0 i--Jo()O 70 Jx Ԇo 7 n52. 5 ܥ" di v ' Total Value ofitem l/ 2-DDO"'u '2 I Uj L/ L)V > 7 0 lf ' ߘ ¢-1)0(1 I MX')oo 11·-oSCJ 00 ܨ roov . - (l " ƙ tԇ lJ )_,IJ 0 I ܦ00 oc• cJ o lԈ y (J ԉC.j ܧ J .sc.> :101-)2 ° "OJ, ( Ƙ 2 c v 1 00 ln (J (J o I I ܪclc<>" ' } u 0 0 9 I llԅ L/ 7o . ኤ I 1, o u 2 6 ° 0 Oct PAGE 40F 132 ---PAGE BREAK--- JO Traffic SP-10.0 Traffic Control I SP-10.l Pavement Markings, Signs, Tubular .Markers l 11 Erosion C-Qntrol al}d SWPP I SP-l l.0 Erosion Control and I 12 Utilities SP-12.0 Adjust Utilities l SP-12.1 Joint Utility Trench 695 SP-12.2 Utility Vault Cluster 3 SP-12.3 Fiber Vault Relocate l SP-12.4 Horizontal Directional Drilling 1 Total Base Bid SIXTH AND JACKSON REALIGNMENT LS LS LS EA LF EA LS LS 'K Srir') oO ·ԁ o.c; o s-t- .ܣCJ()O OU /JiJ()Ԃo )f\-'2e§SO{SJ" }J JJ..S() ܤ-dӿo This dny of Q , 2017 L N zL ܡ í°'"s îïc..,  s '1 é o-Jc..J Official Title . 2o :Bc6c loo3 Lewisð ê6 Bidders Mailing Address ǃ) \?wc-c \26 ño-A-A A- J- 2-:_5 Public Works License No. -Dž -c dëìQ State of Incorporation if Incorporated SIXTH AND JACKSON REALIGNMENT PAGE 6 OF 132 ---PAGE BREAK--- PENAL SUM FORM I. Bidder and Surety, jointly and severally, bind themselves, their heirs, cxecuto1'$, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under lhc terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (<1r any extension thereof agreed to in writing by Owner) the executed Agreement required by lhe Bidding and any performance and payment bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3. 1 Owner accepts Bidder's Bid and Bidder delivers the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) lhc executed Agreement required by the Bidding Documents and any perfonnencc and payment bonds required by the Bidding Documents, or 3.2 All Bids are rejected by Owner, or 3.3 Owner faUs to issue a Notice of Award to Bidder within the time specified In the Bidding Documents (or any cxienslon thereof agreed to in writing by Bidder and. if applicable, consented to by Surety when required by Paragraph S hereof). 4. Payment under this Bond will be due and payable upon defaull of Bidder and within 30 calendar days after receipt by Bidder and Surety of wriuen notice of default from Owner, which notice will be given wilh reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. S. Surety waives notice of any and all defenses based on or arising out of any time eittenslon to issue Notice of Award agreed to in writing by Owner and Bidder, provided tha1 the total time for issuing Notice or Award including extensions shall not in the aggregate eKceed 120 days from Bid due date without Surety's written consent. 6. No suit or aclion shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any sui1 or action under this Bond shall be commenced only in a coun of competent jurisdiclion located in the state in which the Project is located. 8. Notices required hereunder shall be in writing and seni 10 Bidder and Surety 01 their respective addresses shown on the face of this Bond. Such not le/ moy be senl by personal delivery, commercial courier, or by United States Regislcred or Cer1ificd Mail, return receipt requested, postage prc·paid, and shall be deemed lo be effective upon receipt by the party concerned. 9. Surety shall cause to be auached 'o this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby. 10. This· Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any statute, then the provision of &1ld slatute shall govem and the remainder of this Bond that is nor in confticl therewith shall continue in full force and effect 11. The term "Bid" as used herein includes a Bid, offer, or proposal as applicable. lOJll ISPWC IMMJO l'tlodlticd from UCDC C-430 lid Boa• f P111.1l Surn Funn) r11thrz ---PAGE BREAK--- Nationwide' Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nalionwide Mulual Insurance Company, an Ohio corporation Nalional Casually Company, an Ohio corporation AMCO Insurance Company, an Iowa corporalion Allied Property and Casually Insurance Company, an Iowa corporation hereinafter referred to severally as the ·company· and colleclively as "the Companies" does hereby make, constitute and appoint: CHARLES E. HUDON JARED W. HAFF SARAH E. SCOTT KAREN E. ALLEY JOHANNA E. ZERB KIRSTEN JORDAN JACQUELINE F. HERNANDEZ each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bands and undertakings, and olher obligatory instruments o! similar nature, in penalties not exceeding lhe sum of FIVE MILLION AND N0/1 00 DOLLARS ($5,000,000.00) and to bind lhe Company thereby, as fully and to the same exlent as if such instruments were signed by the duly authorized officers of the Company; and all acls of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority or the following resolulion duly adopted by lhe board of directors of the Company: "RESOLVED, lhal lhe president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and lo allthorize lhem lo execute and deliver on behalf of lh11 Company any and all bonds, forms, applications, memorandums, undertakingii, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing !he fidelity of persons holding positions of public or private trust. and other writings obligatory in nature thal the business of lhe Company may require; and lo modify or revoke, wilh or without cause, any such appointment or aulhorily; provided, however, lhat the aulhorily granted hereby shall in no way limit lhe authority of other duly authorized agents to sign and counlersign any of said document& on behaH of the Company." "RESOLVED FURTHER, lhat such attorneys-in-fact shall have full power and authority to execute and deliver any end all such documents and lo bind the Company subject to the terms and limitations of lhe power of attorney issued to them, and to affix the seal of lhe Company thereto; provided, however. lhal said seal shall not be necessary for the validlly of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the boaro of directors of the Company, Execu!ioo of 108lfUOJ8nls. Any vice president, any assistant secrelary or any assistant treasurer shall have the power and authority to sign or attest all approved documents. instruments, contracls, or olher papers in connection with the operation of the business of the company in addition lo the chairman of the board, the chief execulive officer, president, treasurer or secrelary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to r7 " 16\h d•y ol February 2017 ··ܝܞ l.Ƹƹ-ƺƻt Its· EAL2' . . · • ' . ኡ " I \ ኟ •·:tlӼ ,ƿǀ!ǁ.ǂ, . . . . · 11 \·æ-çAè)·# አ· n f8sEA9Jl) . . · Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company, Nalional Casually Company, AMCO Insurance Company, Allied Property and Casually Insurance Co mpany ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF NEW YORK: ss On this 1 Bth day ol February , 201 7 , before me came the above-named officer for the Company aforesaid, lo me personally known to be the officer described In and who executed the preceding Instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the off1eer of the Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and lhe said corporale seal and his signature were duly affixed and subscribed to said 1 y the authority and direclion of said Company. BARRY T. BASSIS Ji? , Nolary Public, Slate of New '(ork Ӻ 1 D No. 02BA4656400 Quetified in New Yori< County Notary Public Commission E)I es April 30, 2019 My Expires CERTIFICATE Apnl 30, 2019 I, Parag H. Shah, Assistant Secrelary of the Company, do hereby certify that the fo regoing is a full, true and correct copy of lhe original power of attorney issued by the Company; that the resolulion included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and tile same has not b111m revoked or amended in any manner: that said Anlonlo C. Albanese was on the dale of the execution of the foregoing power of altorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and lhe foregoing power of altomey is still in full force and effect IN WViNESS WHEREOF, I have hereunio subscribed my 11ame as Assistant Secretary, and affixed the c;orpo!!!f sear OJI@ . I.In 11 2.o l1 . r+h • ID dayof This power of altorney expires; April 30. 2019 BDJ 1(01-17)00 46-23809 ---PAGE BREAK--- PERFORMANCE BOND Bond Number: BD 749978 CONTRACTOR: M.L. Albright & Sons, Inc. P.O. Box 603 Lewiston, ID 83501 OWNER: City of Moscow, Idaho P.O. Box 9203 Moscow, ID 83843 CONSTRUCTION CONTRACT Date: July 10, 201 7 AMCO Insurance Company Nationwide Mutual Insurance Company Allied Property & Casualty Insurance Company 1 1 00 Locust St., Dept 2006 Des Moines, IA 5039 1 -2006 (866) 387-0457 SURETY: Nationwide Mutual Insurance Company 1 1 00 Locust St., Dept. 2006 Des Moines, IA 50391-2006 Amount: $358,340.40 Three Hundred Fifty Eight Thousand Three Hundred Forty and 40/1 00 Dollars Description: Sixth and Jackson Realignment Project No. 1 02-1 05 BOND Date: July 1 0, 201 7 Amount: $358,340.40 Three Hundred Fifty Eight Thousand Three Hundred Forty and 40/1 00 Dollars Modifications to this Bond: 0 None D See Section 16 CONTRACTOR A S PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) ..,Ӹӹ II}_ߖߗ Nationwide Mutual Insurance Company t'I.å/ 0 r ht •
; M.L. Albright & Sons, Inc. j W' ܗܘ·ܙ Signature: ä ã Signature: ܚܛܜ&"' âƴ; it le: /i:1A }b;4 f1h/JI- án:yi;itle: Jared W. Haff , Attorney-in-Fact (Any additional signatures &ppear on the last page of this Performance Bot (FOR INFORMATION ONLY -Name, address and telephone) AGENT or BROKER: OWNERS REPRESENTATIVE: (Architect, Engineer or other party.) Conover Insurance Services, LLC P.O. Box 2528 Tri-Cities, WA 99302 (509)545-3800 Bob Buvel, P.E., City of Moscow Engineering Division 221 East Second Street Moscow, ID 83943 (208)833-7031 This document conforms to American Institute of Architects Document A312, 2010 edition ---PAGE BREAK--- § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provide in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default: .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for the execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2, or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for This document conforms to American Institute of Architects Document A312, 201 0 edition ---PAGE BREAK--- . l the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting . from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3, or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors, and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period oflimitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be a Subcontractor and the term Owner shall be deemed to be Contractor. This document conforms to American Institute of Architects Document A312, 2010 edition ---PAGE BREAK--- § 1 6 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Signature:--------­ Name And Title: Address Company: Signature: Name and Title: Address (Corporate Seal) , Attorney-in-Fact This document conforms to American Institute of Architects Document A312, 2010 edition ---PAGE BREAK--- ·n Nationwide" KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation National Casualty Company, an Ohio corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company· and collectively as "the Companies" does hereby make, constitute and appoint: CHARLES E. HUDON JARED W. HAFF SARAH E. SCOTT KAREN E. ALLEY JOHANNA E. ZERB KIRSTEN JORDAN JACQUELINE F. HERNANDEZ each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of FIVE MILLION AND N0/1 00 DOLLARS ($5,000,000.00) and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however. that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sea'i1A :uly attested by the signature of its officer the 16th day of February . 201 7 . * (Affl___ #'·ӱӲӳ ··ӯӰ - A- nt- o- ni - o Ȟ C- . A _l _ ba _ n _ e _ se - . - Vi - 1ce _ P _ r - es _ i _ de _ n _ t _ of Nationwide Mutual Insurance Company, National -Ӵӵ·Ӷ.ӷ, Casualty Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company ' -Ɩ " tSE.AiƲƳ, ' ( r \ Ӯ , . Ɨ: · .li » *if 'Ót/ :(ÔÕ,Ö. --ÙÚ.ÛÜ.JIJ ,,ƯưƱ., ACKNOWLEDGMENT STATE OF NEW YORK, COUNTY OF NEW YORK: ss On this 1 6th day of February , 201 7 , before me came the above-named officer for the Company aforesaid, to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer Qfthe Company aforesaid, that the seal affixed hereto is the corporate seal of said Company, and the said corporate seal and his signature were duly affixed and subscribed to said instrumnt. y the authority and direction of said Company. BARRY T. BASSIS /t:J b Notary Public, State of New Yori< , 1 I) No. 02BA4656400 Qualified in New York County Notary Public Commission Expires April 30, 2019 My Commission Expires CERTIFICATE April 30, 2019 I, Parag H. Shah, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein ȟs a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Antonio c_ Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the foregoing power oi attorney is stiH in full force and effect. IN WfTNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corpoኜ Mm ..Jܕl1.1 . 1-DI/ . I This power of attorney expires: April 30, 2'019--- BOJ 1 (01-1 7)00 46-23809 +h l_ b_day Qf ---PAGE BREAK--- PAYMENT BOND Bond Number: BD 7 49978 CONTRACTOR: M.L. Albright & Sons, Inc. P.O. Box 603 Lewiston, ID 83501 OWNER: City of Moscow, Idaho P.O. Box 9203 Moscow, ID 83843 CONSTRUCTION CONTRACT Date: July 10, 201 7 AMCO Insurance Company Nationwide Mutual Insurance Company Allied Property & Casualty Insurance Company 1 1 00 Locust St., Dept 2006 Des Moines, IA 50391 -2006 (866) 387-0457 SURETY: Nationwide Mutual Insurance Company 1 1 00 Locust St., Dept. 2006 Des Moines, IA 50391 -2006 Amount: $358,340.40 Three Hundred Fifty Eight Thousand Three Hundred Forty and 40/1 00 Dollars Description: Sixth and Jackson Realignment Project No. 1 02-1 05 BOND Date: July 1 0, 201 7 Amount: $358,340.40 Three Hundred Fifty Eight Thousand Three Hundred Forty and 40/100 Dollars Modifications to this Bond: [ZJ None CONTRACTOR AS PRINCIPAL D See Section 16 SURETY Company: (Corporate Seal) Company: (Corporate Seal) -·ߓߔ ƬƭƮi M.L. Albright & Sons, Inc. Nationwide Mutual Insurance Company _  J 1 1 t:ÑÒ_j.J Signature: . Signature: _  .J ; " l::f oi;өӪӫ Ð:ƫ itle: L A-/J4 J/k/Jf Ïƪ m;itle: Jared W. Haff , Attorney-in-Fact (Any additional signatures appear on the last page of this Performance (FOR INFORMATION ONLY -Name, address and telephone) AGENT or BROKER: OWNERS REPRESENTATIVE: (Architect, Engineer or other party:) Conover Insurance Services, LLC P.O. Box 2528 Tri-Cities, WA 99302 (509)545-3800 Bob Buvel, P.E., City of Moscow Engineering Division 221 East Second Street Moscow, ID 83943 (208)833-7031 This document conforms to American I nstitute of Architects Document A312, 2010 edition ---PAGE BREAK--- § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien, or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13) § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1. l is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1 . l . § 7 When a Claimant has satisfied the conditions of Sections 5 . l or 5 whichever is applicable, the Surety shall and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount ofreasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of e Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. This document conforms to American I nstitute of Architects Document A312, 2010 edition ---PAGE BREAK--- § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of ( 1) or first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period oflimitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall furnish a copy of this bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 · the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; . 7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. This document conforms to American Institute of Architects Document A312, 2010 edition ---PAGE BREAK--- § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be a Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature:ϰϱϲϳϴϵ϶ Name Signature:ϷϸϹϺϻϼϽϾ­ Name And Title: and Title: , Attorney-in-Fact Address Address This document conforms to American I nstitute of Architects Document A312, 2010 edition ---PAGE BREAK--- " rJ Nationwide' Power of Attorney KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation National Casualty Company, an Ohio corporation AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint: CHARLES E. HUDON JARED W. HAFF SARAH E. SCOTT KAREN E. ALLEY JOHANNA E. ZERB KIRSTEN JORDAN JACQUELINE F. HERNANDEZ each in their individual capacity, its true and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of FIVE MILLION AND N0/1 00 DOLLARS ($5,000,000.00) .and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them lo execute and deriver on behalf of the Company any and all bonds, forms. applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be se ale}fƣ A duly attested by the signature of its officer the 1 6th day of February 2017 . * l!Jfll____ Ӣ·ӣӤ!'It ··ܟܠ - A- nt_o_ n- ioƋC ba _n_e_s_ e_ , - Vi -1ce P- re-s-ide _n_t_o_ f Nationwide Mutual Insurance Company, National l IÌÍÎ,... Casualty Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company lƧ(SEAL}ƨJ f (SEAL') i ACKNOWLEDGMENT t . . m · ·m \ I I STATE OF NEW YORK, COUNTY OF NEW YORK: ss --Ƥƥ* ,,ӚlӛӜl . ኑ ܍g܎cv EXP · · . X I COMMERCIAL GENERAL LIABI LITY CLAIMS-MADE [KJ OCCUR GEN'l. AGGREGATE LIMIT APPLIES PER: _ POLICY m'f LDC OTH ER: ܆ - · - A t ܇܈TOMOBILE LIABILITY X I ANY AUTO OWNED [ij SCHEDULED AUTOS ONLY AUTOS XJ ܏Lܐ'lfs ONLY NON-OWNED AUTOS ONLY A I x LIAB x X ICPA2913901 EACH OCCURRENCE $ 1,000,000 12/31/2016 1 12/31/201 7 ӔӕӖԭԮԯen $ 500,000 1 0,000 MEO EXP (Any one person>.. 1 000 000 ' ' PERSONAL & ADV INJUÆ S GENERAL !>-GGREGA;·܉ ӗ----2:000-:-00 2,000,000 . ´10P AGG I s WA STOP GAP $ 1,000,000 Ɠ ӡ-co_M_s_•N'EoS1r:i_G_L_e_u_M_IT_ I$ 1-,0-0-0-;oooJ ..!Eluk®.ell.\l . - - - - - X I X ICPA291 3901 - 1 2/31 /2016 1 1 2/31/2017 1 BODILY INJURY (Per!!!'rson !illQIL Y INJURY (Per acddኔ!ill.c+..::$c..... _ _ _ _ _ _ PROPER1Y DAMAGE $ _ _ _ _ _ $ · - ·-o-o _ _ S,000,0 EA Eb.9H OCCURRENCE $ X ICPA291 3901 -ÉÊrut x - o _ E _ o _ x ±ETENTION -ӓ 1 2/31/2016 1 1 2/31/2017 AGGREGATE s 5,000,000 s Njnj:uŐő1- 1 gH-I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) tt yes, describe under Y/N [J I N/A DESCRIPTION OF OPERATION² S_be ³ lo_ w _ _ _ Pollution Liabi'iily"-- · B 1$5,000 Deductible - - J:.L. DISEl§E EMr:k.QYEE L _ _ _ E.L. DISEASE · POLICY LIMIT S eG"Looo4s91.... ]'1'273fi2'o1s ach c1iiiTI 1,000,000 EGL0004597 12/31/2016 1 2/31/2017 IA n n ual Aggregate 2,000,000 _ , .J _ . . _ _ _ _ _ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 1 0 1 , Additional Remarks Schedule. may be attached If more spau is required) RE: Sixth and Jackson Realignment The City of Moscow Public Works Department and their subsidiaries, directors, officers, employees agents are additional insureds per policy forms. Waiver of subrogation applies per policy forms. · !fOLDER CANCELLATION City of Moscow Attn: Bob Buvel, P.E. PO Box 9203 Moscow, ID 83843 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 ÇÈ _ - ACORD 25 (2016/03) © 1 988-2015 ACORD CORPORATION . All rights reserved. The ACORD name and logo are registered marks of ACORD ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWes t I ns urance l Date : B / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 3 o f 5 COMMERCIAL GENERAL LIABILITY CL CG 00 20 01 1 2 THIS ENDORSEMENT CHANGES T H E POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR GENERAL LIABILITY PLATIN U M ENDORS EMENT This endorsement modifies insurance p rovided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.j. of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: Paragraphs and of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. 2. SECTION Ill - LIMITS OF INSURANCE is deleted and replaced by the following: The most we will pay in any one "occurrence" for "property damage" to borrowed equipment is $1 5,000. This limit of insurance is the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as applicable to property damage as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an "occurrence", claim, or "suit" apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall reimburse us for such part of the deductible amount as we have paid . . ܁G܂l AGG܃TtE . : . ' ··11. for an ኃ wtt ttte' ms۽red .filmw re9,attf iQi:.pay. as .ۮs taiis¢.di. bf itۯra:·· , u:ooef C኏Ri:\GE·A (SECTION:۸); amii foi;·all ۴me5 rauseo ti aceኈ urit:fer COVERAGE . . c··tsECTIO۹ 'IJ; wliirm-.۷n e;e au'il£>lii'eQi.::ۼ t-0> · iiingliM · .©p.eratroiiS at· -a sÅ · ' , 'ct awa· ; • . ti ' . . . . ' ' ' 9 . ' . ' ' . Pffije -.rt ·frnm ኂes own!i!ct" ۭ or .rent.኉ to·ttfe: _iኢreti/: · · · · · · ai. if/"" fe';co۾· .pۿ Generaj'AgӍ·Limffi ff• ··rres኎t» .ea&h ኅicn r۵-- ' from . ..11J9 ' . . . . . . . ' . . . • . . . . ' • . ' p . . ¥ . premises "Owned. by OT rented to t·he fኊllኋ, a1'ild t!ilar:IWwiiHs equm to the amount of errer· G:enef.!d: AggӑLimii stiown in the · · ' · ϩ . . - . - The SITTg're P ·eci· Generaኆ · p. · . . t:e- IGmir iS the fnos1 we Win · . . .fur tne. 5Um Q1· alf dai'i1ages urider "CWERAƠ A,r۰ d:tJ:s he-ኄ of "bmruv ·injury" ơ1'propeƢy .diam.-۶ Jnch.itted in the· "products#$tetl filperatiriiFl&:l'mam"; amt. ror medical eӒeS..umier ·coveRA\SE t· ۱ess·of the number Of: · · · - · · , · · · ' · · · ӎӏl Jnsilreds; ca) Claims matif'f "stiits":t>܀N; or: . . . . . . . . . . . tӐJ r'۲۳sor,: 0rg0Ǎttons i-nakin.'9 1Gtam1:& Ci'Jr.ܾtiۺ "S:ۻts". CL CG 00 20 01 12 Includes copyrighted material o f Insurance Services Office, Inc., with its permission Page 1 of 4 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWes t I ns urance ! Date : 6 / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 4 o f 5 ӆnY.:i6aYӇts:maӈe.Ӊnde1i Ҫҫ.MGE_·A: - -?VERA shalt reti1 re any .ot>r · tea- to. -pa· :as -ۀs e:atised' lb:, -ۜ۝0€currences'.' . . ڿ C;m'EAAt:iE.fl£ ۟5.EtriO۠;ip, ami:fbr -Ƌ}ƌitiƍeXlrenses Ƅ-:ê.-қidEints &11'1L,.cweMCE c tS£CtroN' ."ij; wቷn' ·cmi.:t©.f tie atttfትtitied only to Ҷ-opteraiohs-at-a:SU:tgre deiitIP-'ciilM!iۑ I , , awa "from :·em;se+f ©WFrefd'•:fily •tented-to ttre insured: ' • ' - · 111ہ ቲ . , . . - . - :ac; 111ۙ.,,ۚffieۛ .A·,fu>r d;::imቴSs. • . ߌߍlt:r::'M'Jߎ ' . ' - - . - ' ' ' - Ɛ '߈߉.ߊߋ ' . - - . . _ Ϧ· . . . . · . . - . shati= {Stl'i.iቶe ·llE\e: 1:u'iN'd.1Wilቻ aቼa'itat>le: oode'r the General. ۉۊte nmtቯ Cilt ttie ; Prdete.ۗC Swb. irayቸ silanr ooheamcችቾቿ Singfe·C[ruttion Pmjett Generat Aggrega{e{Ufttil. - . . . . - ' ' . , . ·o G€iኯra.e'. :ifuf l'iabllity, ai/sin!!] mit m ቮ ·݅-oompfefed 0perali0tis hazard''. is Ҧ. -_ҧai,)y: . ptayffielilts ror- Clamages.l!re"&at.1se1·©f injury'"or·"!iJfQperty daffiage''"fri(;:[t(Q ifll'.ftie "proil\!CnS,.ҳf&f tiҴtilii-ns ۏa"'1rari:1" wnf teeቱ ኮhe Piirifuds·fetedl (i)fteratfuris Aۃۄ ,Lifl;iit amti· oo.tt radeiۍ· 11ێ = ·serireifaҷ:Ҹg,ҹeQ-aҺ 1Llm1ቺ,or the Siۋa C0rcritiim Ҩrnjҩct( Senertii-A§gҵte,Limilt· . . • · - . - . . , - - . - • • - . . . . t• lf ҭ-Үe ,aүpҰiұaҲW -Ƒ_nsƒttiƓƔfl'JƕƖƗƘ aƙy rҜҝm Jil:JrƅƆeƇ -Ҥҥm?4• bƉ_.,iM Ɗ ƃ · .ƚ''.iƛt\iirƜtif!Ɲ· ƞƟ: atia1iitlan-eaے defaң. Qli abar.rd'ID11ҡ Ң1 tlilePll i:esfia•, Qf if·tl'ie autfrolJZ'ethcotitrading paۖs._ijeVfate from' · taiiۂ . ittrtiFfi>liGtiS;··desHm-S. ··-siaIfi:&atit1J flli timeta.efu!S. tM· prgJecf ·wum . . siiH -ۅ dۈ:..fo ·t.heif ' ·'·ct . . · · · ϡ · - - . · · · . , , . .Pf. s. · :-:EF:¾f;p·:e:r:;isuram tsecmې Rij ቭ oe ԣ tҬ edlifmnt s; C. LIMITED JOB SITE POLLUTION 1 . Exclusion f. under Section I - Coverage A i s replaced by the following: 2. Exclusions This insurance does not apply to: f. Pollution Page 2 of 4 "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, m igration, release or escape of "pollutants": At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat. detoxify or neutralize. or in any way respond to, or assess the effects of, "pollutants'': or At or from a storage tank or other container, d ucts or piping which is below or partially below the surface of the ground or water or which, at any time, has been buried under the surface of the ground or water and then subsequently exposed by erosion, excavation or any other means if the actual, alleged or threatened discharge, dispersal. seepage, migration , release or escape of "pollutants" arises at or from any premises, site or location which any insured or any contractors or subcontractors workinë directly or indirectly on any insured's behalf are performing operations if the "pollutants ' are brought on or to the premises , site or location in connection with such operations by such insured, contractor or subcontractor. Subparagraph does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". Any loss, cost or expense arising out of any: Request, demand , order or statutory or regulatory requirement issued or made pursuant to any environmental protection or environmental liability statutes or regulations that any insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or I ncludes copyrighted material of Insurance Services Office, I nc. , with its permission CL CG 00 20 01 1 2 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWes t I ns urance ! Date : B / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 5 o f 5 Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing. containing, treating, detoxifying, or neutralizing or in any way responding to or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for those sums the insured becomes legally obligated to pay as damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. 2. With respect to "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration. release or escape of "pollutants": a. The "Each Occurrence Limit" shown in the Declarations does not apply. b. Paragraph 7. of Limits Of Insurance (Section Ill) does not apply. c. Paragraph 1 . of Section Ill - Limits Of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement, or in the Declarations and the rules below fix the most we will pay regardless of the number of: Insureds; Claims made or "suits" brought; or Persons or organizations making claims or bri nging "suits". d. The following are added to Section Ill - Limits Of Insurance: 8. Subject to 2. or 3. above, whichever applies, the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of "bodily injury" or "property damage'' arising out of the actual, alleged or threatened discharge, dispersal , seepage, m igration, release or escape of "pollutants" is $1 00,000 aggregate. 9. Subject to 8. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants". D. VOLUNTARY PROPERTY DAMAGE 1 . The followin g is added to Section 1 · COVERAGES: We will pay, at your request for "property damage" to that part of any property: a. Which you or any subcontractors working directly or indirectly on your behalf are performing operations; or b. That must be restored, repaired or replaced because "your work" was i ncorrectly performed on it. This insurance a pplies only to "property damage" to property of others while in your care, custody, or control, and arising out of operations away from your insured premises and incidental to your business. Exclusions and do not apply to this coverage. This insurance does not apply to "property damage" included within the "explosion hazard", the "collapse hazard" or the "underground property damage hazard". 2. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION Ill • LIMITS OF INSURANCE is replaced by the following: A. Limits of Insurance 1. U nless a higher limit i s shown i n the Declarations, the most we will pay i n any one "occurrence" for "property damage" under this endorsement is $15,000. 2. U nless a higher limit is shown in the Declarations, the most we will pay for all covered "occurrences" during any one policy period is $1 5,000 Aggregate Limit of I nsurance. CL CG 00 20 01 1 2 I ncludes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 4 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWes t I ns urance l Date : S / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 6 o f 5 The Limits of I nsurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 1 2 months. In that case, the add itional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. 3. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as the result of any one "occurrence'', regardless of the number of persons or organizations who sustain damages because of that "occurrence". b. The terms of this insurance, including those with respect to our right and duty to defend the insured against any "suits" seeking those damages; and your duties in the event of an "occurrence", claim, or "suit" apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall reimburse us for such part of the deductible amount as we have paid. 4. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim or Suit In the event of loss covered by this endorsement, the insured shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs at actual cost to the insured, excluding prospective profit or overhead charges of any nature . Any property so paid for or replaced shall, at our option, become our property. Any payment made by us shall not constitute an admission of liability by an insured, or by us. b. Paragraph 4. Other Insurance is amended as follows: (1 ) Paragraph 4.a. Primary Insurance is deleted. Subparagraphs (1 ) and of paragraph 4.b. Excess Insurance are deleted and replaced with the following: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis. All other provisions that apply to paragraph 4. Other Insurance contained in the Commercial General Liability Coverage Form are applicable. 5. For the purposes of the coverage provided by D. VOLUNTARY PROPERTY DAMAGE, the following definitions are added to SECTION V - DEFINITIONS: a. "Collapse hazard" includes "structural property damage" and any resulting "property damage" to any other property at any time. b. "Explosion hazard" includes "property damage" arising out of blasting or explosion. The "explosion hazard" does not include "property damage" arising out of the explosion of air or steam vessels, piping under pressure, prime movers, machinery or power transmitting equipment. c. "Structural property damage" means the collapse of or structural injury to any building or structure due to: Page 4 of 4 (1 ) Grading of land, excavating , borrowing, filling , back-filling, tunneling, pile driving , cofferdam work or caisson work; or Moving , shoring, underpinning , raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. d. "Underground property dam age hazard" includes "underground property damage" and any resulting "property damage" to any other property at any time. e. "Underground property damage" means "property damage " to wires, conduits, pipes, mains, sewers, tanks, tunnels, any similar property, and any apparatus used with them beneath the surface of the ground or water, caused by and occurring during the use of mechanical equipment for the purpose of grading land, paving, excavating, drilling, borrowing, filling, back-filling or pile driving . Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CG 00 20 01 12 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWest I ns urance ! Date : 6 / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 7 o f 5 COMMERCIAL GENERAL LIABILITY CL CG 05 29 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY U LTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following coverage is added : ADDITIONAL INSURED • OWNERS , LESSEES OR CONTRACTORS - AUTOMATIC STATUS INCLUDING PRIMARY NON-CONTRIBUTORY 1 . Section II - Who is An Insured is amended to include as an additional insured any person(s) or organization(s) for whom you are required by virtue of a written contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. 2. The insurance provided to the additional insured is limited as follows: a. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or In part by: Acts or om issions of the Named Insured; or The acts or omissions of those acting on behalf of the Named Insured; in the performance of the Named Insureds work for the additional insured(s) specified in the written contract provided the contract or agreement requires you to provide the additional insured such coverage and is: i. Currently in effect or becomes effective during the tenn of this pollcy; and ii. Was executed prior to the "bodily injury", "property damage" or "personal and advertising i njury". b. If the written contract specifically requires you to provide additional insured coverage via the 10/01 edition of CG201 0 (aka CG 20 10 1 0 0 1 ) or via the 1 1/85 edition of CG2010 (aka CG 20 10 1 1 85), then in paragraph 2.a. above, the words caused in whole or in part by are replaced by the words arising out of. c. The insurance afforded to such additional insured only applies to the extent permitted by law; and d. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured . e. This insurance ends at the earliest of the following times: When any Named lnsured(s) work called for in the written contract has been com pleted When all of any Named lnsured(s) work done at a job site has been completed If the written contract calls for work at more than one job site When that part of any Named lnsured(s) work done at a job site has been put to its intended use by any person or organization other than the Named Insured or those acting on the Named lnsured(s) behalf. Work that may need service, maintenance, correction , repair or replacement, but is otherwise complete, will be treated as completed f. This insurance does not apply to any additional insured scheduled on your policy by separate endorsement. g. For purposes of paragraph A. of this endorsement, the terms "you'' and "yourn refer to the Named Insured shown in the Declarations. CL CG OS 29 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 3 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWes t I nsurance l Date : B / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 8 o f 5 3. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", Nproperty damage" or "personal and advertising injury" arising out of: a. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: Providing engineering, architectural or surveying services to others In your capacity as an engineer, architect or surveyor; and Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform . b. Subject to Paragraph c. below, professional services include: Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and Supervisory or inspection activities performed as part of any related architectural or engineering activities. c. Professional services do not include services within construction means, methods, techniques, sequences and procedures em ployed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 4. Limits of Insurance With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5. Other Insurance For purposes of this endorsement, the following is added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance ls excess of all other insurance available to an additlonal insured whether on a primary, excess, contingent or any other basis. But, if required by a written contrac1 or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. B. The following coverage is added: CONTRACTUAL LIABILITY - RAILROADS 1 . With respect to operations performed for a Railroad within 50 feet of railroad property, the definition of "insured c:ontract" in Section V - Definitions ls replaced by the following: 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality: e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under Page 2 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission CL CG 05 29 09 16 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWes t I ns urance l Date : B / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 9 o f 5 which you assume the tort liability of another party to pay for "bodily injury" or property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not Include that part of any contract or agreement: (1 ) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph above and supervisory, inspection, architectural or engineering activities. 2. Other Insurance For purposes of this endorsement, the following Is added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance that is Railroad Protective Liability or similar coverage for "your work" performed for a Railroad. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the Railroad Is a Named Insured. No other coverage or limit in the policy applies to loss or damage Insured by this coverage. C. The following coverage is added: NON-EMPLOYMENT DISCRIMINATION LIABILITY This coverage contains a DEFENSE WITHIN LIMIT provision : The limit of liability for "Non­ employment discrimination" coverage available to pay settlements or judgments will be reduced, and may be exhausted, by defense expenses. The following is added to paragraph 14. "Personal and advertising injury" SECTION V - DEFINITIONS OF COMMERCIAL GENERAL LIABILITY COVERAGE FORM : h. "Non-employment discrimination" means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulatlons. "Non-em ployment discrimination" does not include violation of civil rights arising out of past, present or prospective employment. Any obligation to the insured to pay "non­ em ployment discrimination" liabllity damages on your behalf applies only to the amount of damages in excess of $5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. The most we will pay for all damages for "non­ employment discrimination" is $15,000 annual aggregate. No other liabllity to pay sums or perform acts or services is covered. Supplementary Payments - Coverage A and B do not apply to non-employment discrimination. D. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION Ill - LIMITS OF INSURANCE applies separately to each of your: 1. Projects away from premises owned by or rented to you. 2. "Locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad . When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then this endorsement CL CG 05 29 paragraph 0. Aggregate Limits Of Insurance does not apply. CL CG 05 29 09 1 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 3 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWest I ns urance l Date : 6 / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : l O o f 5 COMMERCIAL GENERAL LIABILITY CL CG 20 71 09 1 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEAS E READ IT CAREFULLY. ADDITIONAL INSURED • OWNERS, LESSEES, CONTRACTORS OR OTHERS COMPLETED OPERATIONS AUTOMATIC STATUS, INCLUDING PRIMARY NON CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written contract or agreement that such person or organization(s) be added as an additional insured to your policy. Such person(s) or organiz.ation(s) is an additional insured only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" caused, in whole or in part by: Acts or omissions of the Named Insured; or The acts or omissions of those acting on. behalf of the Named Insured; and included in the "products-completed operations hazard" This insurance applies only when you are required to add the additional insured by virtue of a written contract or agreement, provided the contract or agreement is: 1. Currently in effect or becomes effective during the tenn of this policy; and 2. Was executed prior to the "bodily injury" or "property damage" or "personal and advertising injury". However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. For purposes of this endorsement, throughout the policy, the terms "you" and "your" refer to the Named Insured shown in the Declarations. B. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury" and "property damage" arising out of: 1 . The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform . This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services . 2. Subject to Paragraph 3. below, professional services include: a. Preparing , approving , or failing to prepare or approve, maps , shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and CL CG 20 71 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 ---PAGE BREAK--- rom : Wendy R i chard F ax I D : PayneWes t I ns urancel Date : 6 / 2 7 / 2 0 1 7 5 : 02 : 5 2 PM Page : l l o f 5 b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. C. Limits of Insurance With respect to the insurance afforded to these additional insureds, the following is added to Section 111 - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. D. Other Insurance For purposes of this endorsement, the following is added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other Insurance available to an additional insured whether on a primary, excess, contingent or any other basis. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc. , with its permission CL CG 20 71 09 16 ---PAGE BREAK--- morn : Wendy R i chard Fax I D : PayneWest I ns urance ! Date : B / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : l 2 o f 5 COMMERCIAL GENERAL LIABILITY CL CG 04 92 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY U LTRA PLUS ENDORSEM ENT This endorsement modifies insurance provided under the following: COMMERC IAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included c. Knowledge Of Occurrence Included D. Legal Liability - Damage To Premises Rented To You (Fire, Lightning, $300,000 Explosion, Smoke, Or Leakaqe From Automatic Fire Protective Svstems) E. Medical Payments $ 1 0,000 F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Included Company And Extended Period Of CoveraQe H. Who Is An Insured - Amendment Included I. Non-Owned Watercraft (Increased to maximum length of less than 51 Included feet) J. Supplementary Payments - Increased Limits 1. Bail Bonds $ 3,000 2. Loss Of Earnings $ 1 ,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability Coverage Part apply except as otherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in this policy. A. MISCELLANEOUS ADDITIONAL INSUREDS 1 . Section II - Who Is An Insured is amended to include as an insured any person or organization (referred to as an additional insured below) described in Paragraphs A.1 through A.1 below when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy, provided that: a. The written contract or written agreement is: Currently in effect or becoming effective during the term of this policy; and Fully executed by you and the additional insured prior to the "bodily injury", "property damage" or "per­ sonal and advertising injury". CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 7 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWes t I ns urance l Date : B / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 1 3 o f 5 b. The insurance afforded by this provision does not apply to any person or organization included as an additional insured by a separate endorsement issued by us and made a part of this policy or coverage part. c. Only the following persons or organi­ zations are additional insureds under this prov1s1on, with coverage for such additional insureds limited as provided herein: Managers Or Lessors Of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply lo: Any "occurrence" which takes place after you cease to be a tenant in that premises. Structural alterations, new con­ struction or demolition operations performed by or on behalf of such additional insured. Mortgagee, Assignee Or Receiver A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a covered premises by you. This insurance does not apply to structural alterations, new con­ struction or demolition operations perform ed by or on behalf of such additional insured. Owners Or Other Interests From Whom Land Has Been Leased An owner or other interest from whom land has been leased to you but only with respect to liability arising out of the ownership, mainte­ nance or use of that part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: Any "occurrence" which takes place after you cease to lease that land. Structural alterations, new con­ struction or demolition operations perform ed by or on behalf of such additional insured. Lessor Of Leased Equipment Any person(s) or organization(s) from whom you lease equipment but only with respect to liability for "bodily injury", "property damage" or "per­ sonal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person( s) or organization( s ) . A person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such leased equipment ends. This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. State, Municipality, Governmental Agency Or Subdivision Or Other Political Subdivision - Permits Or Authorizations Relating To Premises Any state, municipality, govern­ mental agency or subdivision or other political subdivision subject to the following additional provisions: This insurance applies only with respect to: The following hazards for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: ( 1.1) The existence, maintenance, repair, construction, erection or removal of adver­ tising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 7 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWes t I nsurance ! Date : 6 / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 1 4 o f 5 (1 The construction, erec­ tion or removal of elevators; or (1 The ownership, main­ tenance or use of any elevators covered by this insurance. (ii) Operations performed by you or on your behalf for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization. This insurance does not apply to "bodily injury", "property dam­ age" or "personal and advertising injury" arising out of operations performed for the state, munici­ pality, governmental agency or subdivision or other political subdivision. Controlling Interest Any person(s) or organization(s) with a controlling interest in the Named Insured but only with respect to their liability arising out of: Their financial control of you; or Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new con­ struction or demolition operations performed by or for such person(s) or organization(s). Co-Owner Of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owner's liability as co-owner of such premises. Vendors Any person(s) or organization(s) (referred to as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. The insurance afforded the vendor does not apply to: "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a written contract or written agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the written contract or written agreement; (ii) Any express warranty unau­ thorized by you; (iii) Any physical or chemical change in the product made intentionally by the vendor; (iv) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manu­ facturer, and then repackaged in the original container; Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (vi) Demonstration, installation, servicing or repair opera­ tions, except such operations performed at the vendor's premises in connection with the sale of the product; (vii) Products which, after distri­ bution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or CL CG 04 92 09 1 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 7 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWest I ns urance! Date : B / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 1 5 o f 5 (viii) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. How­ ever, this exclusion does not apply to: (1.1) The exceptions contained in Sub- paragraphs (iv) or (vi); or (1.2) Such inspections, ad- justments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in con- nection with the distribution or sale of the products. This insurance does not apply to any insured person or organi­ zation, from whom you have acquired products, or any ingredient, part or container, entering into, accom panying or containing such products. 2. With respect to coverage provided by this Provision A. Miscellaneous Additional Insureds, the following additional provisions apply: a. Any insurance provided to an additional insured designated under Paragraphs A.1 through A.1 above does not apply: To "bodily injury" damage" included "products-completed hazard"; or or "property within the operations To "bodily injury'', "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured . b. The insurance afforded to such additional insured only applies to the extent permitted by law. c. The insurance afforded to such additional insured will not be broader than that which you are required to provide by the written contract or written agreement. 3. With respect to the insurance afforded to the additional insureds within this Provision A. Miscellaneous Additional Insureds, the following is added to Section Ill - limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. B. EXPECTED OR INTENDED INJURY OR DAMAGE Exclusion 2.a. Expected Or Intended Injury of Section I - Coverage A - Bodily Injury And Property Damage Liability is deleted and replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. C. KNOWLEDGE OF OCCURRENCE Paragraph 2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV - Commercial General Liability Conditions is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim only when the "occurrence" or offense is known to: You, if you are an individual; A partner, if you are a partnership; A manager, if you are a limited liability company; or An "executive officer" or the "employee" designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. To the extent possible, notice should include: How, when and where the "occurrence" or offense took place; CL CG 04 92 09 1 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 7 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWes t I nsurance l Date : S / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 1 6 o f 5 (ii) The names and addresses of any injured persons and witnesses; and (iii) The nature and location of any injury or damage arising out of the "occurrence" or offense. D. LEGAL LIABILITY - DAMAGE TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) If damage to premises rented to you is not otherwise excluded from this policy or coverage part, then the following provisions apply: 1 . Under Section I - Coverage A - Bodily Injury And Property Damage Liability, the last parag raph (after the exclusions) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam­ age by fire, lightning , explosion, "smoke", or leakage from automatic fire protective systems to premises while rented to you or tem porarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill - Limits Of Insurance. 2. The paragraph immediately after Sub­ paragraph j.(6) of Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is deleted and replaced by the following: Paragraphs and of this exclusion do not apply to "property damage" (other than damage by fire, lightning , explosion, "smoke", or leakage from automa1ic fire protective systems) to prem ises , including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill - Limits Of Insurance. 3. Paragraph 6. of Section Ill - Limits Of Insurance is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations, is the m ost we will pay under Coverage A for damages because of "property damage" to premises while rented to you, or in the case of damage by fire, lightning , explosion , "smoke", or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with perm ission of the owner. This lim it will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning , explosion, "smoke", leakage from automatic fire protective systems, or other covered causes of loss or any combination thereof. 4. Subparagraph b.(1 of Paragraph 4. Other Insurance of Section IV Commercial General Liability Conditions is deleted and replaced by the following: (ii) That is fire, lightning , explosion , "smoke" or leakage from automatic fire protective system s insurance for premises rented to you or temporarily occupied by you with perm ission of the owner; 5. Subparagraph a. of Definition 9. "Insured contract" of Section V - Definitions is deleted and replaced by the following: a. A contract for a lease of prem ises. However, that portion of the contract for a lease of prem ises that indemnifies any person or organization for damage by fire , lightning , explosion, "smoke" or leakage from a utomatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract" . 6. As used in this Provision D. Legal Liability - Damage To Premises Rented To You: "Smoke" does not include smoke from agricultural smudging, industrial operations or "hostile fire". E. MEDICAL PAYMENTS If Coverage C - Medical Payments is not otherwise excluded from this policy or coverage part, the Medical Expense Limit is changed, subject to the terms of Section Ill - Limits Of Insurance, to the greater of: a. $1 0,000; or b. The Medical Expense Lim it shown in the Declarations. F. MOBILE EQUIPMENT REDEFINED Subparagraph f.(1 ) of Definition 12. "Mobile equipment" of Section V - Definitions is deleted and replaced by the following: CL CG 04 92 09 1 6 Includes copyrighted material of Insurance SeNices Office, Inc., with its permission Page 5 of 7 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWes t I ns urance l Date : S / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 1 7 o f 5 Equipment with a gross vehicle weight of 1 ,000 pounds or more and designed primarily for: Snow removal; Road maintenance, but not construction or resurfacing: or Street cleaning; G. NEWLY FORMED OR ACQUIRED ORGANIZA­ TION, PARTNERSHIP OR LIMITED LIABILITY COMPANY AND EXTENDED PERIOD OF COVERAGE Paragraph 3. of Section II - Who Is An Insured is deleted and replaced by the following: 3. Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or: a. Majority interest of more than 50% if you are a corporation: b. Majority interest of more than 50% as a general partner of a newly acquired or formed partnership; and/or c. Majority interest of more than 50% as an owner of a newly acquired or formed limited liability company; will qualify as a Named Insured if there is no other similar insurance available to that organization. However, for these organiza­ tions: Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, partnership or limited liability company, or the end of the policy period, whichever is earlier; (ii) Section I - Coverage A - Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, partnership or limited liability company; {iii) Section I - Coverage B - Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, partnership or limited liability company; (iv) Coverage applies only when operations of the newly acquired organization, partnership or limited liability company are the same or similar to the operations of insureds already covered under this insurance; Coverage only applies for those limited liability companies who have established a date of formation as recorded within the filed state articles of organization, certificates of formation or certificates of organization; and (vi) Coverage only applies for those part­ nerships who have established a date of formation as recorded within a written partnership agreement or partnership certificate. H. WHO IS AN INSURED - AMENDMENT The last paragraph of Section II - Who Is An Insured is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any: a. Current partnership or limited liability company, unless otherwise provided for under Paragraph 3. of Section II - Who Is An Insured; b. Current joint venture: or c. Past partnership, joint venture or limited liability company; that is not shown as a Named Insured in the Declarations. I. NON-OWNED WATERCRAFT Subparagraph of Exclusion 2.g. Aircraft, Auto Or Watercraft of Section I - Coverage A - Bodily Injury And Property Damage Liability is deleted and replaced by the following: A watercraft you do not own that is: Less than 51 feet long; and Not being used to carry persons or property for a charge. J. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS Section I - Supplementary Payments - Coverages A And B is changed as follows: 1 . The limit shown in Paragraph 1.b. for the cost of bail bonds is changed from $250 to $3,000; and 2. The limit shown in Paragraph 1 for loss of earnings because of time off from work is changed from $250 a day to $1 ,000 a day. CL CG 04 92 09 1 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 6 of 7 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWes t I ns urance l Date : 6 / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 1 8 o f 5 K. UNINTENTIONAL OMISSION OR UNINTEN­ TIONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 6. Representations of Section IV - Commercial General Liability Conditions: However, the unintentional omission of, or unintentional error in, any information given or provided by you shall n ot prejudice your rights under this insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non-renewal. L ,WANER> '.Of ,JRAtiSf.ER :Of1 - , " 7f:,t, Ϡ Ϟ· . • ·r.-Ə , ·Ƌ . • lҒғ.zҔ:r.,orҕeҖ: ں:fQfڻirn!t ls'a1fڼ·tur'Piar!iliraphڽe.i:tlimsfer. ھof . ,_rof.dž:· · · :ڪ ϝ ·Žž';_oiftefs'"'l'e;f ils, • ŻJi<·, . . ቕ ቖ቗ቘ ' " " f . . - :cf Ѿѿ}V ·҈¢•n:Le$iSi :$.!!iil@l'.·&bifttj· ·Ԟ,9!JJҞҟ) :We ;k'1iJe,,lt ii9hti ѻ ቡቢ"lferyባ;wቤ J u ax ብhቦ,vቤ iҋҌriҍlҎatW\ҏҐґ "Qr_4mg-9n[ſljp_ry'%ƀc-ƁƂ?e ቔ9t pa@ABtS.;CEf ftJi·aRe' Ѻrt.itiJ1:(ty i:Qr>aamage ,ariDlng r•-Gt-żft$, 5in' )j ƌ· 'rti6as1'or ک. our work1' ' mnd " , - ቐ . . Jr҄҅IL҆ , . . 'If - , , · " :irle16[det11 - m }ite'}nf:obppleted 'op%aEions' .f:iam"f'.Wffefr Ɗ ' · 1.ltme ·agreEid .·a:written . • , • - ' - • _ • ' ,11, • ' 1቏d҇tit/' mteif'·I re'ement thSl ·an ·fi ' ht-10በ ' ' ቒ, . . _g ' .ڶڷ"'ڸtlrt .Js1 1iJia3e€1· i4· 15.tv .:ڴ9ڵ1 • . ·ቜtc<.ቝ '߂ - " ·1··1ኇ 1*·1t th' ,€>t:g_af!l..s.aቧfr.'/ uus:.,WIDW,f:}FP JeD- G cp ڬڭ 0' . · ګ ) 'l ѹ " ' _ > , . · · s er aR s reeg ߃1 ·Ҡn11e ' , , · . , : 1ѷ ·\fJr i; rl !·"mf1SJo'd;.il-1§• .,sgڕ]eqږ _ 2 ቑ ቓThis :.wmwr eCiJeSr11ot0 a1JPڲ ;;Uriڳ· .-tM· ,qt\tert,t(wtteli\l·a·g·reem·ef\t Jfas _been :-җҚec_atE£d , ';ffr:Jt'i( W©)tm•·f" or"h'[o es'1'damite".• - , !l!'W ߅JI' • I"߄. p_ A· ,ϟ -݆1.1 :ui- :any; ڱ· or' iگڰ !is (¢epa,atery 'Q_ll)I ,ቨJቩ1?$fl'aቪቫ·:wmwr··&t· trfeJ )i)j҃߁ty ቙M:h'iS Ѽh tOi ѽ:wat dat;S not ܸf>Ply. M. LIBERALIZATION CLAUSE The following is added to Section IV - Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CG0001 for no additional charge, and those changes are intended to apply to all insureds under this edition of CG0001 , that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liabllity form CG000 1 . N. INCIDENTAL MEDICAL MALPRACTICE 1 . Paragraph 2.a.(1 of Section I I - Who Is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental , x-ray or nursing services. 2. This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV - Commercial General Liability Conditions. CL CG 04 92 09 1 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 7 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWes t I nsurance ! Date : 6 / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 1 9 o f 5 COMMERCIAL AUTO CL CA 01 49 02 1 5 THIS ENDORSEMENT C HANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION E NDORSEMENT - PLATIN UM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsem ent. A. NEWLY ACQUIRED OR FORMED ORGANIZA­ TIONS The following is added to Paragraph A.1 . Who Is An Insured of Section II - Covered Autos Liability Coverage: Any organization you newly acquire or form , oth­ er than a partnership, joint venture or limited lia­ bility company or any organization excluded ei­ ther by this Coverage Part or by endorsement, and over which you m aintain ownership or ma­ jority interest of more than 50 percent will qualify as a Named Insured. However: 1. This insurance does not apply to any newly acquired or formed organization that is an "insured" under any other a utomobile policy or would be an "insured" under such policy but for its termination or the exhaustion of its Limit of Insurance. 2. Coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. Coverage u nder this provision is afforded on­ ly until the 1 80th day after you acquire or form the organization or the end of the policy period, whichever is earlier. B . ADDITl'ONAt. BY CONITRl(CT 00' AMIENT . _ , , . . Tn-e foirቋwm !:"tn·Pa'ra :A1 Whtr.fS, - . . 9 . . . An lnsuffld o(Settitln 0 "-1C0.veted Au1!o$. Liailitity: -coerage: · · · · wrren . ·u ·ttave !in·reeu m a ·wmten ڜ or· • Ϝ. . . 'ቀ · • • • • I . • • . • · ' • . - • . , ቍreemeriHo :tnGfude a person .or.·0rganirirti0n as. ·arr addfuonaf 'ulriSUretiir, sōCh :ɉtson or (irgan!za­ ·ሿ iS .iiiaud'.ed''a5- ait ŸinsŹred;;"·su'bteet fu' !!He rof 'ipwiQg: Ϛ ' • ' • , • • ' • • • ' 1 . · SLK:h peisory rit;:illrgahmitioo.iS.ari aadltiana1' "inSuredft Ollily' llO t ሾ nL ··cѤѥeѦ Aቂ- ቅliitr cg}- a.ኩ'. b¥ .ќѝ Ů.·resźŭ ·fmm lif'Te ቊ'fSil'l'!l)l,. lil'l'al߀wtmm.t:ce-'Oti 1!15e' :Qj' 21' ѧ :Ѩѩj;.- . - . . :ai: Tire written Bt)iilf"agCfeesiril!Jii!d· ·afiቇ rl'roiSቈ oo'lie tl5'1i11 ѫ·&Ѭ{fprtoi ѭ tile ,.roe·ቆ ffl 't .ቁ . -d "ڒ -ї i, . , ' ' - · ®:roiertY· aa&,¯°±²if· ·PJ:·ѮfJl іŬ·ѕfєū -ѓђ&iёei!ѐ:; - · " - " . . · t im's"· aڟliڡ,l!O:ڠaht 's\lrif{ካ4' at ,;;irsiJ ሼ litmf apڣڤ:t6 a#Y . ڗژi' ړe ܽr.fod · G>i ·tiiwrѯ 'FѰirad b,Y. !ft; .wfittei:w e:rn!facti l!)J , a1giie'emen&·: ቉Jrlredj ڔ; . . . . ϒ. - . ·line most,#.wl'm$· 'aѳ:on,.Ѵefuilfѵsuclf-Ѷ. ³´µf·¶·ts¥¸¹:,º»1¼im½ · a. lJi\*8 n::ifu Qi. ݁utiutte.'.sp'$«ied iri tmf 'writtJen .¢6Rtradl or ܷemt' descnb-ed ab-ave'. rir . . . · - , . · . b. ù:úf fԋ(!ian·.$fu>W )fr •the• - . . rfiiiS ?fuvisron Stian-݃- ifl'craase iWJlmifof -111surahw· in the lilet%tibns'·:·irt ·ttiik ԟ9' · cr · ·ԥԦ . _ . Ԍ· Ɖ s. Thi? fotfu1Wirig r;;ø'S· -ar:e 'mad'e ltO'\P,af:a-, :raµh s'.\ittier rriSe.,of·&: GeicoriΞ ª under :se-cu10ITTi tV -'·aڢii'ti5s Autio. . . I , / I ' r ϓ I • :Corrdi\ions: :a lfle.fki wing iS a€i'dec·to .P:a@Sfapil'ѱtѲ·:· · ϕ. ϔ ' ' - l'f' ired b-j 'ttre wntteil-- cerifrad or agreűent ўerrb6d ab'dw. ·ј ڙur-' ance arfo·ڑ no. !he ·altd'1tU1naf"insureo tn,iS ¢Ѣrsѣil · wiŪ: b'e :P¼iu}. aM viŲ,! ųt sŴek cŵfibl!l'tŶŷ: џѠW.! љ· atiditiۆmaۇ:imnii'ecd".s ©WO insurance . • - . ' to;• • · · - CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 5 ---PAGE BREAK--- rom : Wendy R i chard Fax I D : PayneWes t I ns urance ! Date : 6 / 2 7 / 2 0 1 7 5 : 0 2 : 5 2 PM Page : 2 0 o f 5 1 . . Tڌi§!litl'de1.ڐ · I ' " " ' . . • ' • . ·.,ьэ u . . ƅ. I ·сJ{:JVhtтi'.$ s ian-te.mredъii>:ыcl iie'l :10tхцgчшщ, . ϣ · ϋ i . ώ - • • _ • нопf. '.:aሹry. ·ar;,,d[Kanlzatiofl':JLMaq,, !:1dډt td!ribn'ai -1fitsюred".яulh:ler: :tfiiǼ)r.0Vis1otto7'1yǽi01 )fhNOPitte'iftst:r61-i