Document Moscow_doc_b5f06a50b3

CONSTRUCTION AGREEMENT HATLEY WAY SIDEWALK IMPROVEMENTS - 2013 BETWEEN CITY OF MOSCOW, IDAHO AND CURTIS CONCRETE CONSTRUCTION, INC. THIS CONSTRUCTION AGREEMENT HATLEY WAY SIDEWALK IMPROVEMENTS - 2013 BETWEEN CITY OF MOSCOW, IDAH<;&nAND CURTIS CONCRETE CONSTRUCTION, INC. (hereinafter "Agreement") dated this Io/ Clay of , 2013, by and between the City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "City") and Curtis Concrete Construction, Inc., 309 North Park Road, Spokane Valley, Washington, 99212 (hereinafter "Contractor"); WITNESS ETH: WHEREAS, pursuant to the invitation of City, extended through a "Solicitation For Bids", Contractor did, in accordance therewith, file with City a proposal containing an offer which was invited by said notice; and WHEREAS, City has determined that said offer was the lowest and best submitted; 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 5) and the following: 1. Advertisement for Bids; 2. Project Specifications titled: Hatley Way Sidewalk Improvements - 2013 City of Moscow Project No. 102-012 3. Bid/Proposal of Contractor, dated August 29, 2013, physically attached to this Agreement; 4. The Engineering Plans; 5. Performance and Payment Bonds and Insurance Certificates, physically attached to this Agreement; 6. No Addendum issued prior to opening of bids, attached to this Agreement; 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. HATLEY WAY SIDEWALK IMPROVEMENTS - 2013 CITY AND CURTIS CONCRETE CONSTRUCTION PAGE] OF 5 ---PAGE BREAK--- ---PAGE BREAK--- ARTICLE2. WORK Contractor shall complete the entire work as specified, indicated and required under the Contract Documents for City project (hereinafter "Project") titled: "HATLEY WAY SIDEWALK IMPROVEMENTS - 2013" ARTICLE3. CONTRACT TIME/SUBSTANTIAL COMPLETION The work to be performed pursuant to this Agreement shall start no earlier than September 23, 2013 and shall be completed no later than May 30, 2014. The work shall be substantially complete on or before forty five (45) calendar days from the commencement of work, unless adjustment of the Agreement 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 the amount of Forty Thousand Nine Hundred Forty Six Dollars ($40,946) for Base Bid and Alternate Number Two Said Contract Sum shall be paid in accordance with the Contract Documents. ARTICLES. INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between Contractor and City by the terms of this Agreement. It is understood by the parties hereto that Contractor is an independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are employees of City for purposes of tax, retirement system, or social security (FICA) withholding. ARTICLE6. SCOPE OF SERVICES Contractor shall perform all services required by the Contract Documents. All work shall be completed in accordance with the specifications and plans established for this Project. ARTICLE7. HOLD HARMLESS/INDEMNIFICATION In addition to other rights granted City by the Contract Documents, Contractor shall indemnify and save 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 HATLEY WAY SIDEWALK IMPROVEMENTS - 2013 CTTY AND CURTIS CONCRETE CONSTRUCTION PAGE20F5 ---PAGE BREAK--- ---PAGE BREAK--- 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 shall be adhered to at all times. Violation of any of these statutes or regulations by Contractor shall be deemed material and shall subject Contractor to termination of this Agreement for cause. No pleas of misunderstanding or ignorance on the part of Contractor will in any way serve to modify the provisions of this requirement. Contractor and its surety shall indemnify and save harmless City and its employees, agents, engineers and representatives against any claim or liability arising from or based on the violation of any such laws, codes, ordinances, or regulations, whether by Contractor, Contractor's employees, or its subcontractors. ARTICLE 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 Idaho, in and for the County of Latah. HATLEY WAY SIDEWALK IMPROVEMENTS - 2013 CITY AND CURTIS CONCRETE CONSTRUCTION PAGE3 OF5 ---PAGE BREAK--- ---PAGE BREAK--- . . . ' ARTICLE 13. SPECIAL WARRANTY Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or inducement to enter into this Agreement. Contractor further 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: Curtis Concrete Construction, Inc. 309 North Park Road Spokane Valley, Washington 99212 ARTICLE 15. EXECUTION City: City Engineer City of Moscow 206 East Third Street P 0 Box 9203 Moscow, Idaho 83843 IN WITNESS WHEREOF, said Contractor and City have caused this Agreement to be executed on the day and year first above written. v R.~lfo \ JULY 12 ~ Contractor: Curtis Concrete Construction, Inc. By: By: HATLEY WAY SIDEWALK IMPROVEMENTS - 2013 CITY AND CURTIS CONCRETE CONSTRUCTION Approved As To Form: ~J_Qo Roderick Hall, City Attorney PAGE40F5 ---PAGE BREAK--- ---PAGE BREAK--- • ' • • J ACKNOWLEDGMENT State of W >'l.S lf.)~1 0 ) County of S/'Of< A AJI:. ) :ss ) On this /Off}!_ day of St: Pt k &IE. K. 2013 personally appeared and known to me to be the and of Curtis Concrete Construction, Inc., described in the above document and acknowledged to me they executed the same. (seal) HATLEY WAY SIDEWALK IMPROVEMENTS - 2013 CITY AND CURTIS CONCRETE CONSTRUCTION PAGE 5 OF 5 ---PAGE BREAK--- ---PAGE BREAK--- . . Bond No. 023017834 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) Curtis Concrete Construction, Inc. 309 N. Park Road Spokane Valley, WA 99212 OWNER: (Name, legal status and address) City of Moscow PO box 9203 Moscow, ID 83843 CONSTRUCTION CONTRACT Date: September 19, 2013 SURETY: (Name, legal status and principal place of b11sl11ess) The Ohio Casualty Insurance Company 62 Maple Avenue Keene, NH 03431 Mailing Address for Notices 1001 4th Ave. Suite 1700 Seattle, WA 98154 This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Amount:$ 40,946.00 Forty Thousand Nine Hundred Forty Six Dollars and 00/100 Description: (Name and location) Hatley Way Sidewalk Improvements - 2013 BOND Date: September 19, 2013 (Not earlier th<111 Co11stn1ction Contract Date) Amount: $ 40, 946. 00 Forty Thousand Nine Hundred Forty Six Dollars and 00/100 Modifications to this Bond: IBJ None D Sec Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Col'porate Seal) Curtis Concrete Construction, Inc. The Ohio Casualty Insurance Company Signature: . _ Signatur ~J?.~p.Mdz?td'/V ~~th C. Kaiser-Smith ~~;itle: ~n8:;itle: Attorney-in-Fact - (Any additional signatures appear on the last page of this Pe1fon11ance Bo11d) (FOR JNFORiWATION ONLY - Name, address and tc/eplrone) AGENT or BROKER: PayneWest Insurance, Inc. Judith A. Rapp, Agent 7903 E. Broadway Avenue Spokane Valley, WA 99212 [PHONE REDACTED] S-1852/AS 8/10 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) ---PAGE BREAK--- ---PAGE BREAK--- § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns lo Lhe Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor perfonns the Construction Contract, the Surely and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided 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 docs 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 tight, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, tc1minatcs 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; § 6.3 Obtain bids or negotiated proposals from qualified conlractors acceptable to the Owner for a contract for performance and completion of the Construction arrange for a contract to be prepared for execution by the Owner and a 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 o~\11er the amount of damages as descdbed in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as o result of the Contractor Default; or § 5.4 Waive its right to pcrfonn and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, the amount for which it may be liable to the Owner and, as soon as practicable after the amount is dctennincd, 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 afier 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. S-1852/AS 8/10 ---PAGE BREAK--- ---PAGE BREAK--- § 7 lfthe Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surely 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 0\\11cr 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 .1 the responsibilities of the Contractor for eorrectfon of defective work and completion of the. Construction Contract; .2 additional legal, design professional and delay cost.~ resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section S; 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 Surely shall nol be liable lo the Owner or others for obligations of the Contractor that arc 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 subcontracts, 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 Dond, whichever occurs first. If lhe provisions of this Paragraph are void or prohibited by law, the minimum period oflimitation available lo sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Conlractor 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 Dond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions confonning to such slalulory 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 payment.~ 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 pcrfonn or otherwise to comply with a material tenn 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 pcrfom1 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 1f this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the tenn Owner shall be deemed to be Contractor. S-1852/AS 8/10 ---PAGE BREAK--- ---PAGE BREAK--- § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Co1po1·ate Seal) Signature: ~ Name and Title: Signature: Name and Tille: Address Add res.~ S-1852/AS 8/10 ---PAGE BREAK--- ---PAGE BREAK--- Bond No. 023017834 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: (Name, legal status and address) Curtis Concrete Construction, Inc. 309 N. Park Road Spokane Valley, WA 99212 OWNER: (Name, legal status and address) City of Moscow PO box 9203 Moscow, ID 83843 CONSTRUCTION CONTRACT Date: September 19, 2013 SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company 62 Maple Avenue Keene, NH 03431 Malling Address for Notices 1001 4th Ave. Suite 1700 Seattle, WA 98154 This document has important legal consequences. Consultatlon with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Amount: $40,946.00 Forty Thousand Nine Hundred Forty Six Dollars and 00/100 Description: (Name and location) Hatley Way Sidewalk Improvements - 2013 BOND Dute: September 19, 2013 (Not earlier than Construction Contract Date) Amount: $ 40, 946. 00 Moditicalions to this Bond: IBJ None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Curtis Concrete Construction, Inc. Signature: v Name and Title: Forty Thousand Nine Hundred Forty Six Dollars and 00/100 D See Section 18 SURETY Company: (Corporate Seal) The Ohio Casualty Insurance Company JUCf1ti1Cl(a iser-SfTiith ~a;;itle: Attorney-in-Fact (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFO!t\-IATION ONLY - Name, address and telephone) AGENT or BROKER: PayneWest Insurance, Inc. Judith A. Rapp, Agent 7903 E. Broadway Avenue Spokane Valley, WA 99212 [PHONE REDACTED] S-2149/AS 8/10 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party:) ---PAGE BREAK--- ---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 ofull sums due to Claimants, and defends, indemnifies and holds hannless 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 perfonnance ofthe 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 Surely shall and at the Surety's expense defend, indemnify and hold hannless 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 subsiantial 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 lust 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 arc 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 ofnon-payment required by Section 5.1.l is given by the Owner to the Contractor, that is sufficient to salisfy a Cluimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5. 1 or 5.2, whichever is applicable, Lhe Surely shall and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to Lhe 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 ammge for payment of any undisputed amounts. § 7.3 The Surety's failure Lo 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. Jf, however, Lhe 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 oflhis Bond, plus Lhe amount ofreasonuble 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 the 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 S-2149/AS 8/10 ---PAGE BREAK--- ---PAGE BREAK--- ' § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc 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 wider this Bond. § 11 The Surely 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 thls 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 \vhich 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 w~s perfonned by anyone or the last malcrials or equipment were furnished by anyone under the Construction Contract, whichever of ( 1) or first occurs. If the provisions of this Paragraph arc 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 perfonned, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hercfrom and provisions confonning 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 Dond or shall pennit 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 oflhe 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 perfonnance 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 perfonnance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of lhe 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, ma~erials 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 lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner ond Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and Lhe Contract Documents. S-2149/AS 8110 ---PAGE BREAK--- ---PAGE BREAK--- § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, lo pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material lenns 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 tenn Contractor in this Bond shall be deemed to be Subcontractor and the tenn Owner shall be deemed to be Contractor. § 18 Modifications to this bond are us follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Signature: ~ Name and Title:"'" Address S-2149/AS 8110 (Corporate Seal) Company: (Corporate Seal) Name and Title: Address ---PAGE BREAK--- ---PAGE BREAK--- TH.IS. P.OWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company Certificate No. 6070305 POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporafion duly organized under the laws Of the State of Indiana (herein collectively called the 'Companiesj , pursuant to and by authority herein set forth, does hereby name, constitute and appoint, James E. Majeskey, II; Judith A. Rapp; Judith C. Kaiser-Smith; Nicholas W. Paget; Shawn M. Wiison; Shelly Donovan; Walter W. Wolf all of the city of Spokane Valley , state of WA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 8th day of April , STATE OF WASHINGTON COUNTY OF KING SS American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: ~ Gregory:oave;;pont Secretary On this~ day of April , 2013 , before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Seattle, Washington, on the day and year first above written. ~ , ' , j ~ 'S , NOTAAY ' ~ ~ : PIJ~L t C .·tfY#/ , By: K:b1?i KD Riley , NotPUblic This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV - OFFICERS- Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such attorneys-in-fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, David M. Carey, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this litbday of Septembe~ 20-1.L . LMS_12873_092012 56 of 150 ---PAGE BREAK--- ---PAGE BREAK--- Client#· 95658 CURTISCO ACORD,M CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 9/19/2013 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PayneWest Insurance, Inc. r~gN~ E.xl): [PHONE REDACTED] I r..e~ Nol: 7903 E Broadway ~oMt~~SS: Spokane, WA 99212 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Continental Western Insurance C INSURED INSURER B: I Curtis Concrete Construction, Inc INSURER C: 309 N. Park Road Spokane Valley, WA 99212 INSURER D: INSURER E: lt,ISURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AODL ~UBR POLICY EFF I POLICY EXP LIMITS LTR INSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY x x CWP600134622 P5/24/2013 1 05/24/2014 EACH OCCURRENCE $1 000 000 XI COMMERCIAL GENERAL LIABILITY aA~~H?ta~WJlencai $100 000 ~ CLAIMS-MADE OCCUR MED EXP [Any one person) $5 000 =1 PERSONAL & ADV INJURY $1 000,000 GENERALAGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 000 000 I POLICY lxl ~tW,: n LOC I $ A AUTOMOBILE LIABILITY CWP600134622 05/24/2013 ! 05/24/2014 COMBINED SINGLE LIMIT s1,000,000 IEa·.acoldontl ANY AUTO I BODILY INJURY (Per person) $ I ALL OWNED ~ SCHEDULED BODILY INJURY (Per accidenl) $ _ AUTOS AUTOS I X' X NON-OWNED 1?AMAGE $ _ I HIRED AUTOS AUTOS $ A _x UMBRELLA LIAB rx1 OCCUR CU600134722 05/24/2013 05/24/201 4 EACH OCCURRENCE $4 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE $4 000 000 oEo I xi RETENT10N$10000 $ WORKERS COMPENSATION l 'fcfR~~~W;:!'l I 1gJH- A AND EMPLOYERS' LIABILITY y I N CWP600134622 !05/24/2013 05/24/201 4 $1000000 ANY PROPAIETORIPARTNEA/EXECUTIVE!Ji] E.L. EACH ACCIDENT OFFlCERIMEMBEA EXCLUDED? N NIA (Mandalory In NH) Stop Gap-WA E.L. DISEASE - EA EMPLOYEE $1000000 II yes, describe under E.L. DISEASE - POLICY LIMIT $1000000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Addilional Remarks Schedule, if more space is required) City of Moscow, Idaho is an Additional Insured with respect to work performed on their behalf by Curtis Concrete Constuction, Inc. as per attached forms CG0013 and CG0020. Project: Hatley Way Sidewalk Improvements - 2013 City of Moscow Project No. 102-012 CERTIFICATE HOLDER CANCELLATION City of Moscow SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 East 2nd ACCORDANCE WITH THE POLICY PROVISIONS. Moscow, ID 83843 AUTHORIZED REPRESENTATIVE I ~ ~ © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S965961 /M915022' 1SAS ---PAGE BREAK--- This page has been left blank intentionally. ---PAGE BREAK--- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modlfies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS ff SECTION I - COVERAGE C MEDICAL PAY· MENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION Ill • LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREM- ISES YOU RENT If damage to premises rented to you under Cov- erage A. is not otherwise excluded from this pol- icy, the following applies: 1. The last paragraph of SECTION I - COV- ERAGE A.2. Exclusions is deleted and re- placed by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprin- kler leakage to premises while r:ented to your or temporarily occupied by you with permis- sion of the owner. A separate limit of insur- ance applies to this coverage as described in SECTION 111- LIMITS OF INSURANCE. 2. Paragraph 6. of SECTION Ill - LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to 5. above, the greater of: a. $300,000; or b. the Damage To Premises Rented To You Limit shown in the Declara- tions; is the most we will pay under COVER· AGE A for damages because of "prop- erty damage" to any one premises, while rented to you, or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, ex- plosion or sprinkler leakage incident. 3. Paragraph 4.b.(1)(b) Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and re- placed by the following: That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for prem- ises rented to you or temporarlly occu- pied by you with the permission of the owner; 4. Paragraph 9.a. of SECTION V - DEFINI· TIONS Is deleted and replaced by the follow- ing: 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, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "In- sured contract"; C. NON~OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I - COVER· AGE A.2. Exclusions is deleted and re- placed by the following: A watercraft you do not own that is: Less than 51 feet long; and Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as fol- lows: 1. The limit . of insurance in paragraph 1.b. is increased from $250 to $2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to $500. E. AUTOMATIC ADDITIONAL INSURED SPECIFIED RELATIONSHIPS The following Is added to Paragraph 2. of SEC· TION II - WHO IS AN INSURED: e. Any person or organization described In paragraph f. below, whom you and such per- son or organization have agreed Jn writing In a contract or agreement that such person or organization be added as an- in- sured on your policy. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Office, Inc., with Its permission Page 1of6 ---PAGE BREAK--- f. Such person or organization is an insured provided: ( 1) The written or oral co~ntract or agree- ment is: Currently in effect or becomes effec- tive during the policy period; and Executed prior to an "occurrence" or offense to which this insurance would apply. They are not specifically designated as an additional insured under any other provision of, or endorsement added to, this policy. Only the following persons or organizations are additional insureds under this endorse- ment, and coverage provided to such addi- tional insureds is limited as provided herein: The manager or lessor of a premise leased to you, but only with respect to ll- abll!ty arising from the ownership, main- tenance or use of that part of the prem- ises leased to you and subject to the fol- lowing additional exclusions: . This insurance does not apply to: Any "occurrence" which takes place after you cease to be a tenant of that premises. Structural alterations, new construc- tion or demolition operations per- formed by or on behalf of the man- ager or lessor. Any person or organization from whom you lease equipment, but only .with re- spect to liability for "bodily injury'', "prop- erty damage" or "personal and advertis- ing injury'' caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such per- son( s} or organizatlon{s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has Issued a permit in connection with premises you own, rent, or control and to which this in- surance applies: The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decora- tions and similar exposures; or The construction, erection, or re- moval of elevators; or The ownership, maintenance, or use of any elevators. F. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS 1. SECTION II - WHO IS AN INSURED Is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writ- ing in a contract or agreement that such per- son or organization be added as an addi- tional insured on your policy. Such person or organization is an additional Insured only with respect to liability for "bodily injury'', "property damage" or "personal and adver- tising injury'' caused, in whole or In part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for the additional insured. A person's or organization's status as an ad- ditional insured under this policy ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury'' arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, in- cluding: The prepari11g, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or Supervisory, inspection, architec- tural or engineering activities. b. "Bodily injury" or "property damage" occurring after: All work, including materials, parts or equipment furnished in connec- tion with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered opera- tions nas been completed; or That portion of "your work" out of which the injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing op- erations for a principal as a part of the same project. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Office, Inc., with Its permission Page 2 of 6 ~ ·l i i ---PAGE BREAK--- 3. The insurance provided by this endorsement is primary insurance and we wlll not seek contribution under any insur.ance policy un- der which such additional insured is a named insured, if such policy was procured and paid for by such additional insured, or a parent or related ·entity of such additional in- sured. 4. With respect to the insurance afforded to these additional insureds, SECTION Ill - LIMITS OF INSURANCE is amended as fol- lows: The limits applicable to the additional In- sured are those specified In the written con- tract or agreement or the limits stated in the Declarations, whichever is less. If no limits are specified in the written contract or agreement, the limits applicable to the addi- tional insured are those specified in the Dec- larations. The limits of insurance are inclu- sive of and not in addition to the limits of in- surance shown in the Declarations. G. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.j. of SECTION I - COVER- AGES, 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 per- form operations at the time of loss. 2. SECTION 111 - LIMITS OF INSURANCE is deleted and replaced by the foHowing: The most we will pay In any one "occur- rence" for "property damage" to borrowed equipment is $15,000. This limit of insur- ance 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 appli- cable 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 of the deductible amount. c. We may pay any part or all of the de- ductible 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 de- ductible amount as we have paid. H. BROADENED NAMED INSURED Paragraph 3. of SECTION II - WHO IS AN IN· SURED is deleted and replaced by the following: Any organization, other than a joint venture, over which you maintain ownership or majority inter- est of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever Is earlier. b. COVERAGE A does not apply to "bodily in- jury" or "property damage" that occurred be- fore you acquired or formed the organiza- tion. c. COVERAGE B does not apply to "personal and advertising Injury" arising out of an of- fense committed before you acquired or formed the organization. 1. CONSTRUCTION PROJECT GENERAL AG- GREGATE LIMIT 1. For all sums which the insured becomes legally obllgated to pay as damages caused by "occurrences" under COVERAGE A (SECTION and for all medical expenses caused by accidents under COVERAGE C (SECTION which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the Insured: a. A Single Constroction Project General Aggregate Limit applies to each con- struction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown Jn the Declarations. b. The Single Construction Project General Aggregate Limit Is the most we will pay for the sum of all damages under COV- ERAGE A, except damages because of "bodily injury" or "property damage" in- cluded in the "P.roducts-completed op- erations hazard and for medical ex- penses under COVERAGE C regardless of the number of: Insureds; Claims made or "suits" brought; or Persons or organizations making claims or bringing "suits". CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Office, Inc., with Its permission Page 3 of 6 I ---PAGE BREAK--- c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses ..shall reduce the Single Construction Project General Ag- gregate Limit for that construction pro- ject away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construc- tion Project General Aggregate Limil for any other separate construction project away from premises owned by or rented to the insured. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. 2. For all sums whicb the Insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION and for all medical expenses caused by accidents under COVERAGE C (SECTION which cannot be attributed only to ongoing operations at a single desig- nated construction project away from prem- ises owned by or rented to the insured: a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Ag- gregate Limit or the Products-Completed Operations Aggregate Limit, whichever · is applicable; and b. Such payments shall not reduce any Single Construction Project General Ag- gregate Limit. 3. When coverage for liab!llty arising out of the "products-completed operatlons hazard" is provided, any payments for damages be- cause of "bodily !njury'' or "property damage" Included in the "products-completed opera- tions hazard" will reduce the Products- Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Ag~ gregate Limit. 4. If the applicable construction project away from premises owned by or rented to the in- sured has been abandoned, delayed, or abandoned and then restarted, or if the au- thorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. 5. The provisions of Limits Of Insurance (SECTION Ill) not otherwise modified by this endorsement shall continue to apply as stipulated. J. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV - COMMERCIAL GEN· ERAL LIABILITY CONDITIONS: e. A report of an "occurrence", offense, claim or "suit" to: You, if you are an individual, A partner, if you are a partnership, An executive officer, if you are a corporation, or A manager, if you are a limited liability company; Is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or "suit" as soon as practicable. f. We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to your Workers' Compensation Insurer for an event which later develops Into an "occurrence", offense, claim or usuit" for which there is coverage under this policy. However, we will only be considered on notice If you notify us as soon as you know the claim should be addressed by this policy rather than your Workers' Compensation policy. K. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Repre· sentations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unlntentionally fail to disclose any ex- posures existing at the inception date of your policy, we wfll not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional pre- mium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. L. MENTAL ANGUISH Paragraph 3. of SECTION V - DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury" means bodily Injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. M. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COM· MERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 6 I ~ I I ! ---PAGE BREAK--- We waive any right of recovery we may have be- cause of payments we make for Injury or dam- age arising out of your ongoln..9 operations or "your work" done under a contract requiring such waiver with that person or organization and In- cluded Jn the "products-completed operations hazard". However, our rights may onfy be waived prior to the "occurrence" giving rise to the injury or dam- age for which we make payment under this Cov- erage Part. The Insured must do nothing after a loss to impair our rights. At our request, the in- sured will bring "suit" or transfer those rights to us and help us enforce those rights. N. LIMITED JOB SITE POLLUTION 1. Exclusion f. under Section I - Coverage A Is replaced by the following: 2. Exclusions This Insurance does not apply to: f. Pollution "Bodily ir:ijury" or "property dam- age" arising out of the actual, al- leged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- ants": At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or Indirectly on any lnsured's behalf are per- forming operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way re- spond to, or assess the ef- fects of, "pollutants"; or At or from a storage tank or other container, ducts or piping which Is below or par- tially 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 ac- tual, alleged or threatened discharge, dispersal, seep- age, migration, release or escape of "pollutants" arises at or from any premlses, site or location which any in- sured or any contractors or subcontractors working di- rectly or indirectly on any in- sured's behalf are perform- ing operations if the "pollut~ ants" are brought on or to the premises, site or loca- tion 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 aris- ing out of any: Request, demand, order or statutory or regulatory re- quirement issued or made pursuant to any environ- mental protection or envi- ronmental liability statutes or regulations that any Insured test for, monitor, clean up, remove, contain, treat, de- toxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, con- taining, 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 le- gally obligated to pay as dam- ages because of "property dam- age" tha.t the insured would have in the absence of such re- quest, demand, order or statu- tory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental author- ity. 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; CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 5 of 6 ---PAGE BREAK--- Claims made or "suits" brought; or Persons or organizations making claims or bringing "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 Cover- age C because of "bodily injury" or "prop- erty damage" arising out of the ac- tual, alleged or threatened dis- charge, dispersal, seepage, migra- tion, release or escape of "pollut- ants" Is $100,000. 9. Subject to 8. above, the Medical Expense Limit Is the most we will par under Coverage c for alt medi- ca expenses because of "bodily In- jury" sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants". 0. OTHERINSURANCE If this policy includes a Coverage Form or an Endorsement which provides coverage for loss or damage covered by one or more of the Ex- tensions of this endorsement, the limit and the coverage provided by this endorsement are de- leted and replaced by the limit and coverage provided by that Coverage Form or Endorse- ment. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Office, Inc., with Its permission Page 6 of 6 ! J f 1 I ---PAGE BREAK--- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN. CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations 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. Such person or organization 'is an additiqnal insured only wlth respect to "bodily injury" and "property damage" caused, in whole or In part, by "your work" at locations specified in the written contract or agreement and incfuded in the "products-completed operations hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury" or "property damage" that occurs prior to the execution of, or subsequent to the expiration of, the contract or agreement in which you agreed that such person or organization be added as an additional insured on your policy. CL CG 20 14 01 07 Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1of1 ---PAGE BREAK--- This page has been left blank intentionally. ---PAGE BREAK--- . Sage Document: Company Forms I CL CG 00 13 Enhancement Endorsement / 09 06 Editi... Page 1 of 6 CWG I General Liability I 09/01/06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CL CG 00 13 07 06 GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYl\llENTS If SECTION I - COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION Ill - LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to your or temporarily occuP.ied by you with permission of the owner. A separate limit of insurance applies to this coverage as described rn SECTION Ill - LIMIT~ OF INS!JRANCE. 2. Paragraph 6. of SECTION Ill - LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to 5. above, the greater of: a, $300,000; or b. the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, explosion or sprinkler leakage incident. 3. Paragraph 4.b.(1)(b) Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; . 4. Paragraph 9.a. of SECTION V - DEFINITIONS is deleted and replaced by the following: 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, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an ainsured contracf'; C. NON-OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION 1- COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: Less than 51 feet long; and Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as follows: 1. The limit of insurance in paragraph 1.b. Is Increased from $250 to $2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to $500. 7 &rd=9323 92... 4/8/2011 ---PAGE BREAK--- Sage DoclUilent: Company Forms J CL CG 00 13 Enhancement Endorsement I 09 06 Editi... Page 2 of 6 E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS The following is added to Paragraph 2. of SECTION II - WHO JS AN INSURED: e. Any person or organization described in paragraph 2,f. p~low, whom 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. Such person or organization is an insured provided: 4/8/2011 ---PAGE BREAK--- Sage Document: Company Forms / CL CG 00 13 Enhancement Endorsement I 09 06 Editi... Page 3 of 6 The written or oral contract or agreement is: Currently in effect or becomes effective during the policy period; and Executed prior to an "occurrence" or offense to which this insurance would apply. They are not specifically named as an additional insured under any other provision of, or endorsement added to, this policy. f. Only the following persons or organizations are additional insureds under this endorsement, and coverage provided to such additional insureds is limited as provided herein: The manager or lessor of a premise leased to you, but onfy with respect to liability arising from 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 to: Any "occurrence'' which takes place after you cease to be a tenant of that premises. Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal 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). However, this insurance does not apply to any ''occurrence" which takes place after the equipment lease expires. Any person or organization referred to below as vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributecl or sold in the regular course of the vendor's business, subject to the following aclditional exclusions: 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 contract or agreement, This exclusion does not appfy to liability for damages that the vendor would have in the absence of the contract or agreement; (ii) Any express warranty unauthorized by you; (iii) Any physical or.ch_emical change in the product made intentio.nally by t~e vendor; (iv} Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (vi) (vii) (viii) 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; Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Products which, after distribution 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 "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. However, this exclusion does not apply to: I. The exceptions contained in Sub-paragraphs (iv) or (vi); or ii. 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. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. · Any state or political subdivision, subject to the following additional provision: 7 &rd=932392... 4/8/2011 ---PAGE BREAK--- Sage D-0cument: Company Forms I CL CG 00 13 Enhancement Endorsement I 09 06 Editi... Page 4of6 This insurance applies only with respect to the following hazards for which the state or pofitical subdivision has Issued a permit in connection with premises you own, rent, or control and to which this insurance applies: The existence, maintenance, repair, construction, 'erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, Of decorations and similar exposures; or The construction, erection, or removal of elevators; or The ownership, maintenance, or use of any elevators covered by this insurance. F. BROADENED NAMED INSURED Paragraph 3. of SECTION II - WHO IS AN INSURED is deleted and replaced by the following: Any organization, other than a joint venture, over which you maintain ownership or majority interest of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 1 BOth day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B doi;ls not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. G. 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. H. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV - COMMERCIAL GENERAL LIABILln' CONDITIONS: e. A report of an "occurrence", offense, claim or "suit" to: You, if you are an individual, A partner, if you are a partnership, An executive officer, if you are a corporation, or A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or "suit" as soon as practicable. · f. We are considered on notice of an "occurrence", offense, claim or "suif' that is reported to your Workers' Compensation insurer for an event which later develops into an "occurrence", offense, claim or "suit" for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers' Compensation policy. I. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Representations of SECTION IV ~ COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. J. MENTAL ANGUISH ?cmd=doc&id=cwi46 l 3 7 &rd=9323 92... 4/8/2011 ---PAGE BREAK--- Sage Document: Company Fonns I CL CG 00 13 Enhancement Endorsement/ 09 06 Editi... Page 5 of 6 Paragraph 3. of SECTION V - DEFINITIONS is deleted and replaced by the foffowing: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OfHER.$ Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the foffowing: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". 4/8/2011 ---PAGE BREAK--- Sage Document: Company Forms I CL CG 00 13 Enhancement Endorsement I 09 06 Editi... Page 6of6 However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do hothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. L. OTHERINSURANCE If this policy includes a Coverage Form or an Endorsement which provides coverage for loss or damage covered by one or more of the Extensions of this endorsement, the limit and the cov~rage provided by this endorsement are deleted and replaced by the limit and coverage provided by that Coverage Form or Endorsement. ©Continental Western Group ©2011 Vertafore, Inc. All Rights Reserved. 4/8/2011