HomeMy Public PortalAbout2011.09.19 Granite Excavation Construction Contract Brown Park PathwayI. AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT
THIS AGREEMENT, is by and between The City of McCall (hereinafter, "OWNER") and GRANITE
EXCAVATION, INC., (hereinafter, "CONTRACTOR"):
NOW THEREFORE, the parties to this Contract, 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 the OWNER or City and the Contractor
concerning the work to be performed are this Contract, pages one (1) through (4) and the following:
1. Bid Proposal titled, BROWN PARK PATHWAY RECONSTRUCTION
2. Standard General Conditions of the Construction Contract, 2010 ISPWC (Idaho Standards for Public
Works Construction) Division 100 (not attached) (pages 1 to 52, inclusive).
3. Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract;
4. The following which may be delivered or issued on or after the Effective Date of the Agreement and are
not attached hereto:
a. Notice of Award
b. Notice to Proceed.
c. Written Amendments.
d. Work Change Directives.
e. Change Orders.
5. Change Orders, which may be delivered or issued after the effective date of this Agreement;
6. Addenda issued prior to opening of bids, to be physically attached to this contract;
7. WH-5 — Public Works Contract Report for Idaho State Tax Commission
8. W9
There are no Contract Documents other than those listed in Article 1. This Contract may only be amended by change
order as provided in the General Conditions.
ARTICLE 2. WORK
The Contractor shall complete the entire work as specified, indicated and required under the Contract Documents.
The Work is generally described as follows: BROWN PARK PATHWAY RECONSTRUCTION base bid and bid
alternates # 1 and #2.
ARTICLE 3. PROJECT ENGINEER, STAFF ENGINEER, MCCALL PARKS AND
RECREATION DIRECTOR
1.01 The project has been designed by the City of McCall Staff Engineer. (Project Engineer), which is to act
as the OWNER's representative, assume all duties and responsibilities, and have the rights and
authority assigned to "Engineer" in the Contract Documents in connection with the completion of the
Work in accordance with the Contract Documents and the General Conditions of the Idaho Standards
for Public Works Construction (ISPWC).
1.02 The McCall Parks and Recreation Director (Director) will be the Owner's representative, along with
the Staff/Project Engineer. The Director will serve as the approving agency for the project and serve a
liaison between the Project Engineer and the OWNER.
ARTICLE 4. CONTRACT TIME/SUBSTANTIAL COMPLETION
The Contractor shall begin work in conformance with the Contract Documents and shall complete the work prior to
the date of completion. The project site will be available to the Contractor for project implementation on September
19, 2011, or when weather conditions permit, and only after approval of the Project Engineer.
The work to be performed pursuant to this Contract shall be substantially complete on or before September 30`h
2011 and ready for final payment in accordance with Paragraph 14.07 of the ISPWC General Conditions on or
before October 71h, 2011. Adjustment of the contract time can be made in accordance with the provisions of the
Contract Documents as directed by the Project Engineer, Director of Parks and Recreation, or the OWNER.
ARTICLE 5. CONTRACT SUM
The OWNER or City shall pay the Contractor for completion of the Work in accordance with the Contract
Documents in current funds the amount of fifty two thousand thirty seven dollars and 95 cents ($52 037 95) for
the base bid and bid alternates #1 and #2. Said Contract Sum shall be paid in accordance with the Contract
Documents.
ARTICLE 6. INDEPENDENT CONTRACTOR
The parties warrant by their signature that no employer -employee relationship is established between the Contractor
and the OWNER by the terms of this contract. It is understood by the parties hereto that the Contractor is an
independent contractor and as such neither it nor its employees, agents, representatives or subcontractors, if any, are
employees of the OWNER for purposes of tax, retirement system, or social security (FICA) withholding.
ARTICLE 7. SCOPE OF SERVICES
The 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.
ARTICLE 8. HOLD HARMLESSANDEMNIFICATION
In addition to other rights granted the OWNER by the Contract Documents, the Contractor shall indemnify and save
harmless the Engineer and the Owner, its officers and employees, 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 the Contractor or his 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 the Contractor or his 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.
ARTICLE 9. CONFLICT OF INTEREST
The 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. The
Contractor further covenants that, in performing this Contract, it will employ no person who has any such interest.
Should any conflict of interest arise during the performance of this Contract, Contractor shall immediately disclose
such conflict to the Project Manager, Engineer and the OWNER.
ARTICLE 10. ENTIRE AGREEMENT, MODIFICATION AND ASSIGNABILITY
This Contract and the exhibits hereto 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
contract may not be enlarged, modified or altered except upon written agreement signed by the parties hereto. The
2
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 the OWNER.
ARTICLE 11. ADHERENCE TO LAW REQUIRED
All applicable local, state and federal statutes and regulations are hereby made a part of this contract and shall be
adhered to at all times. Violation of any of these statutes or regulations by the Contractor shall be deemed material
and shall subject the Contractor to termination of this contract for cause. No pleas of misunderstanding or ignorance
on the part of the Contractor will in any way serve to modify the provisions of this requirement. The Contractor and
his surety shall indemnify and save harmless the OWNER and the City of McCall and its employees, agents and
representatives against any claim or liability arising from or based on the violation of any such laws, codes,
ordinances, or regulations, whether by himself, his employees, or his subcontractors.
ARTICLE 12. LEGAL FEES
In the event either party incurs legal expenses to enforce the terms and conditions of this contract, 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 13. SPECIAL WARRANTY
The Contractor warrants that nothing of monetary value has been given, promised or implied as remuneration or
inducement to enter into this Contract. The 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, di5cuskion, or
negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Go4lrict null
and void. _
ARTICLE 14. COMMUNICATIONS
Such communications as are required by this contract shall be satisfied by mailing or by personaJ,O#iWy to the
parties at the following address:
Contractor: Granite Excavatio�,Inc.
4 #If&
23 Warm LL° if ,,�
Cascade, I&hoa 436�;� 0 0,00
Owner: City of McCall
216 E. Park Street
McCall_, Idaho g3 PA
IN WITNESS WHEREOF, said Contractor and the OWNER or City have caused this Cottft& toi�b`executed on the
day and year first above written.
Contractor: Owner.),
by: D ailey, Mayor
ATTEST:
BessieJo W er, City erk
Approved As To Form:
William F. Nicho s, City Attorney
ACKNOWLEDGMENT
On this \ OA day of <— , 2011, before me, a Notary Public of the State of Idaho,
personally appeared in his official capacity as<��..�c--
known to me to be the person described in the ve document and acknowledged tom a executed the sam .
Notary Public residing at t��C\��=
My Commission expires
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GRANITEEXC
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ACORD. CERTIFICATE OF LIABILITY INSURANCE
D9/151 /D/1512011
1
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Moreton & Company - Idaho
NAME: C Chris Christensen
PHONE 208 321-9300 AICC N,: 208-321-0101
A/C, No, Ext
E-MADRIL
ADESS:
P.O. Box 191030
INSURER(S) AFFORDING COVERAGE
NAIC #
Boise, ID 83719
INSURER A: Cincinnati Insurance Company
208 321-9300
INSURED
Granite Excavation Inc
23 Warm Lake Highway
Cascade, ID 83611
INSURERB: Idaho State Insurance Fund
INSURER C
INSURER D
INSURER E
INSURER F :
...,.r�o..��� CERTICIceTE NUMBER* REVISION NUMBER:
.....�1....��., __......- - - -- -
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.
LTRR
TYPE OF INSURANCE
NSRL
SU DR
POLICY NUMBER
MM/DDY�
MM/DD�
LIMITS
A
GENERAL LIABILITY
X
CPP1085013
6/09/2011
06/0912012
EACH OCCURRENCE
$1,000,000
PREMISES Ea occurrence
$100000
X COMMERCIAL GENERAL LIABILITY
MED EXP (Any one person)
$1 O,000
CLAIMS -MADE OCCUR
PERSONAL & ADV INJURY
$1,000,000
X PD Ded:1,000
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
POLICY JECOT-7 LOC
A
AUTOMOBILE LIABILITY
CPA1085013
6/09/2011
06/09/201
E° a.BINEDISINGLE LIMIT
$1,000,000
BODILY INJURY (Per person)
$
X ANY AUTO
BODILY INJURY (Per accident)
$
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
X HIRED AUTOS X AUTOS
PROPERTY DAMAGE
Per accident
$
A
X
UMBRELLA LIAB
OCCUR
CPP1085013
6/09/2011
06/09/201
EACH OCCURRENCE
s5,000,000
AGGREGATE
s5,000,000
EXCESS LIAB
CLAIMS -MADE
DED I X RETENTION$10000
$
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Y N
OFFICER/MEMBER EXCLUDED? �
(Mandatory in NH)
N I A
614033
4/01/2011
04/01/201
X WC ST IM6 OTH-
E.L. EACH ACCIDENT
$1 OO OOO
E.L. DISEASE - EA EMPLOYEE
$100:000
E.L. DISEASE - POLICY LIMIT
s500.000
If yes, describe under
DESCRIPTION OF OPERATIONS below
A
Equipment Floater
CPP1085013
6/09/2011
06/09/201
$500 Deductible
See Value Below
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required)
RE: Brown Park Pathway Reconstruction.
The City of McCall is listed as additional insured per written contract.
City of McCall
216 East Park Street
McCall, ID 83638
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
U 1988-ZUIU AGUKU GUKPUKAI IUN. All rignts reservea.
ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S361180/M356585 RHOWR
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS' COMMERCIAL GENERAL LIABILITY
BROADENED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Endorsement - Table of Contents:
Coverage: Begins on Pane:
1. Employee Benefit Liability Coverage.................................................................................................. 2
2. Unintentional Failure to Disclose Hazards,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
3. Damage to Premises Rented to You .................................. ........................................................... 8
4. Supplementary Payments................................................................................................................... 9
5. Medical Payments........................................................:....................................................................... 9
6. Voluntary Property Damage (Coverage a.) and Care Custody or Control
Liability Coverage (Coverage b.)......................................................................................................... 9
7. 180 Day Coverage for Newly Formed or Acquired Organizations.................................................. 10
8. Waiver of Subrogation.......................................................................................................................10
9. Automatic Additional Insured - Specified Relationships: ................................................................10
Managers or Lessors of Premises;
• Lessor of Leased Equipment;
• Vendors;
• State or Political Subdivisions - Permits Relating to Premises;
• State or Political Subdivisions - Permits; and
Contractors' Operations
10. Broadened Contractual Liability - Work Within 50' of Railroad Property ......................................... 14
11. Property Damage to Borrowed Equipment....................................................................................... 14
12. Employees as Insureds - Specified Health Care Services: ............................................................ 14
• Nurses;
• Emergency Medical Technicians; and
• Paramedics
13. Broadened Notice of Occurrence...................................................................................................... 14
B. Limits of Insurance:
The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse-
ment, except as provided below:
1. Employee Benefit Liability Coverage
Each Employee Limit: $ 1,000,000
Aggregate Limit: $ 3,000,000
Deductible: $ 1,000
3. Damage to Premises Rented to You
The lesser of:
a. The Each Occurrence Limit shown in the Declarations; or
b. $500,000 unless otherwise stated $
4. Supplementary Payments
a. Bail bonds: $ 1,000
b. Loss of earnings: $ 350
5. Medical Payments
Medical Expense Limit: $ 10,000
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission.
Page 1 of 15
6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage
(Coverage b.)
Limits of Insurance (Each Occurrence)
Coverage a. $1,000
Coverage b. $5,000 unless otherwise stated
Deductibles (Each Occurrence)
Coverage a. $250
Coverage b. $250 unless otherwise stated
COVERAGE
PREMIUM BASIS
RATE
ADVANCE PREMIUM
(a) Area
(For Limits in Excess of
(For Limits in Excess of
(b) Payroll
$5.000)
$5,000)
(c) Gross Sales
(d) Units
e Other
b. Care, Custody
$
or Control
TOTAL
ANNUAL PREMIUM
$
11. Property Damage to Borrowed Equipment
Each Occurrence Limit: $ 10,000
Deductible: $ 250
C. Coverages:
have used up the ap-
limit in
plicable1.
Employee Benefit Liability Coverage
Y 9
ance in the payment of
nen y t of
a. The following is added to SECTION I
judgments or settle-
ments.
- COVERAGES: Employee Benefit
Liability Coverage.
No other obligation or liabil-
(1) Insuring Agreement
ity to pay sums or perform
acts or services is covered
(a) We will pay those sums that
unless explicitly provided for
the insured becomes legally
under Supplementary Pay -
obligated to pay as dam-
ments.
ages caused by any act, er-
ror or omission of the in-
(b) This insurance applies to
sured, or of any other per-
damages only if the act, er-
son for whose acts the in-
ror or omission, is negli-
gently committed in the
sured is legally liable, to
which this insurance ap-
"administration" of your
"employee
plies. We will have the right
benefit pro -
and duty to defend the in-
suredgram"; against any "suit"
1) Occurs during the pol-
seeking those damages.
icy period; or
However, we will have no
duty to defend against any
2) Occurred prior to the
"suit" seeking damages to
effective date of this
which this insurance does
endorsement provided:
not apply. We may, at our
discretion, investigate any
a) You did not have
report of an act, error or
knowledge of a
omission and settle any
"suit"
claim or "suit" on
or before the ef-
claim or that may re-
sult. But:
fective date of this
endorsement.
1) The amount we will pay
for damages is limited
You will be
as described in SEC-
deemed to have
TION III - LIMITS OF
knowledge of a
INSURANCE; and
claim or suit'
when any
2) Our right and duty to
"authorized repre-
defend ends when we
sentative";
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15
i) Reports all, or
formance of investment
any part, of the
vehicles; or
act, error or
omission to us
3) Advice given to any
or any other
person with respect to
insurer;
that person's decision
to participate or not to
ii) Receives a
participate in any plan
written or ver-
included in the "em-
bal demand or
ployee benefit pro-
claim for dam-
gram".
ages because
of the act, er-
(f) Workers' Compensation
ror or omis-
and Similar Laws
sion; and
Any claim arising out of
b) There is no other
your failure to comply with
applicable insur-
the mandatory provisions of
ance.
any workers' compensation,
(2) Exclusions
unemployment compensa-
tion insurance, social secu-
This insurance does not apply
rity or disability benefits law
to:
or any similar law.
(a)
Bodily injury, Property
(g) ERISA
Damage or Personal and
Damages for which any in -
Advertising Injury
sured is liable because of
"Bodily injury", "property
liability imposed on a fiduci-
damage" or "personal and
Re -
ary b ntthe Income Security
tiremAct
advertising injury".
of 1974, as now or
(b)
Dishonest, Fraudulent,
hereafter amended, or by
Criminal or Malicious Act
any similar federal, state or
local laws.
Damages arising out of any
intentional, dishonest,
(h ) Available Benefits
fraudulent, criminal or mali-
cious act, error or omission,
Any claim for benefits to the
committed by any insured,
extent that such benefits
are available, with reason -
Zincluding the willful or reck-
s violation of any statute.
able effort and cooperation
of the insured, from the ap-
(c)
Failure to Perform a Con-
plicabie funds accrued or
tract
other collectible insurance.
Damages arising out of fail-
(i) Taxes, Fines or Penalties
ure of performance of con-
tract by any insurer.
Taxes, fines or penalties,
including those imposed
(d)
Insufficiency of Funds
under the Internal Revenue
Code or any similar state or
Damages arising out of an
local law.
insufficiency of funds to
meet any obligations under
(3) Employment -Related
any plan included in the
Practices
"employee benefit pro-
gram".
Any liability arising out of
any:
(e)
Inadequacy of Perform-
ance of Investment / Ad-
(1) Refusal to employ;
vice Given With Respect
(2) Termination of em-
to Participation
ployment;
Any claim based upon:
(3) Coercion, demotion,
1) Failure of any invest-
evaluation, reassign-
ment, discipline, defa-
ment to perform;
mation, harassment,
2) Errors in providing in-
humiliation, discrimina-
formation on past per-
tion or other employ -
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15
ment-related practices,
acts or omissions; or
(4) Consequential liability
as a result of (1), (2) or
(3) above.
This exclusion applies
whether the insured may be
held liable as an employer
or in any other capacity and
to any obligation to share
damages with or repay
someone else who must
pay damages because of
the injury.
(3) Supplementary Payments
SECTION I - COVERAGES,
SUPPLEMENTARY PAY-
MENTS - COVERAGES A AND
B also apply to this Coverage.
b. Who is an Insured
As respects Employee Benefit Liabil-
ity Coverage, SECTION 11 - WHO IS
AN INSURED is deleted in its en-
tirety and replaced -by the following:
(1) If you are designated in the
Declarations as:
(a) An individual, you and your
spouse are insureds, but
only with respect to the
conduct of a business of
which you are the sole
owner.
(b) A partnership or joint ven-
ture, you are an insured.
Your members, your part-
ners, and their spouses are
also insureds but only with
respect to the conduct of
your business.
(c) A limited liability company,
you are an insured. Your
members are also insureds,
but only with respect to the
conduct of your business.
Your managers are in-
sureds, but only with re-
spect to their duties as your
managers.
(d) An organization other than
a partnership, joint venture
or limited liability company,
you are an insured. Your
"executive officers" and di-
rectors are insureds, but
only with respect to their
duties as your officers or di-
rectors. Your stockholders
are also insureds, but only
with respect to their liability
as stockholders.
(e) A trust, you are an insured.
Your trustees are also in-
sureds, but only with re-
spect to their duties as
trustees.
(2) Each of the following is also an
insured:
(a) Each of your "employees"
who is or was authorized to
administer your "employee
benefit program".
(b) Any persons, organizations
or "employees" having
proper temporary authori-
zation to administer your
"employee benefit program"
if you die, but only until your
legal representative is ap-
pointed.
(c) Your legal representative if
you die, but only with re-
spect to duties as such.
That representative will
have all your rights and du-
ties under this Coverage
Part.
(3) Any organization you newly ac-
quire or form, other than a part-
nership, joint venture or limited
liability company, and over
which you maintain ownership
or majority interest, will qualify
as a Named Insured if no other
similar insurance applies to that
organization. However, cover-
age under this provision:
(a) Is afforded only until the
184th day after you acquire
or form the organization or
the end of the policy period,
whichever is earlier; and
(b) Does not apply to any act,
error or omission that was
committed before you ac-
quired or formed the or-
ganization.
c. Limits of Insurance
As respects Employee Benefit Liabil-
ity Coverage, SECTION III - LIMITS
OF INSURANCE is deleted in its en-
tirety and replaced by the following:
(1) The Limits of Insurance shown
in Section B. Limits of Insur-
ance, 1. Employee Benefit Li-
ability Coverage and the rules
below fix the most we will pay
regardless of the number of:
(a) Insureds;
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15
(b) Claims made or "suits"
(b) The deductible amount
brought;
stated in the Declarations
(c) Persons or organizations
applies to all damages
by any one "em-
makinsustained
su ts''g claims or bringing
ployee", including such
employee's dependents
(d) Acts, errors or omissions; or
and beneficiaries, because
of all acts, errors or omis-
(e) Benefits included in your
sions to which this insur-
of employee benefit pro-
ance applies.
gram".
(c) The terms of this insurance,
(2) The Aggregate Limit shown in
including those with respect
Section B. Limits of Insurance,
to:
1. Employee Benefit Liability
Coverage of this endorsement
1) Our right and duty to
is the most we will pay for all
defend the insured
damages because of acts, er-
against any . "suits"
rors or omissions negligently
seeking those dam -
committed in the "administra-
ages; and
tion" of your "employee benefit
2) Your duties, and the
program".
duties of any other in-
(3) Subject to the limit described in
volved insured, in the
(2) above, the Each Employee
event of an act, error or
Limit shown in Section B. Limits
omission, or claim,
of Insurance, 1. Employee
Benefit Liability Coverage of
apply irrespective of the
this endorsement is the most we
application of the deductible
will pay for all damages sus-
amount.
tained by any one "employee",
(d) We may pay any part or all
including damages sustained by
of the deductible amount to
such "employee's" dependents
effect settlement of any
and beneficiaries, as a result of:
claim or "suit" and, upon
(a) An act, error or omission; or
notification of the action
taken, you shall promptly
(b) A series of related acts, er-
reimburse us for such part
rors or omissions, regard-
of the deductible amount as
less of the amount of time
we have paid.
that lapses between such
d. Additional Conditions
acts, errors or omissions,
negligently committed in the
As respects Employee Benefit Li -
"administration" of your "em-
ability Coverage, SECTION IV -
ployee benefit program".
COMMERCIAL GENERAL LIABIL-
ITY CONDITIONS is amended as
However, the amount paid un-
follows:
der this endorsement shall not
(1) Item 2. Duties in the Event of
exceed, and will be subject to
the limits and restrictions that
Occurrence, Offense, Claim or
apply to the payment of benefits
Suit is deleted in its entirety and
in any plan included in the 'em-
replaced by the following:
ployee benefit program".
2. Duties in the Event of an Act, Error or
(4) Deductible Amount
Omission, or Claim or Suit
{a) Our obligation to pay dam-
a. You must see to it that we are noti-
ages
ages on behalf of the in-
fied as soon as practicable of an act,
surea
applies only the
error or omission which may result in
amount of damages in ex-
claim. To the extent possible, no -
tice should include:
cess of the deductible
amount stated in the Decla-
(1) What the act, error or omission
rations as applicable to
was and when it occurred; and
Each Employee. The limits
of insurance shall not be
(2) The names and addresses of
reduced by the amount of
anyone who may suffer dam -
this deductible.
ages as a result of the act, error
or omission.
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15
b. If a claim is made or "suit" is brought
against any insured, you must:
(1) Immediately record the specifics
of the claim or "suit" and the
date received; and
(2) Notify us as soon as practicable.
You must see to it that we receive
written notice of the claim or "suit" as
soon as practicable.
c. You and any other involved insured
must:
(1) Immediately send us copies of
any demands, notices, sum-
monses or legal papers re-
ceived in connection with the
claim or "suit";
(2) Authorize us to obtain records
and other information;
(3) Cooperate with us in the investi-
gation or settlement of the claim
or defense against the "suit";
and
(4) Assist us, upon our request, in
the enforcement of any right
against any person or organiza-
tion which may be liable to the
insured because of an act, error
or omission to which this insur-
ance may also apply.
d. No insured will, except at that in-
sured's own cost, voluntarily make a
payment, assume any obligation, or
incur any expense without our con-
sent.
(2) Item 5. Other Insurance is de-
leted in its entirety and replaced
by the following:
5. Other Insurance
If other valid and collectible
insurance is available to the
insured for a loss we cover
under this Coverage Part,
our obligations are limited
as follows:
a. Primary Insurance
This insurance is pri-
mary except when c.
below applies. If this
insurance is primary,
our obligations are not
affected unless any of
the other insurance is
also primary. Then, we
will share with all that
other insurance by the
method described in b.
below.
b. Method of Sharing
If all of the other insur-
ance permits contribu-
tion by equal shares,
we will follow this
method also. Under
this approach each in-
surer contributes equal
amounts until it has
paid its applicable limit
of insurance or none of
the loss remains,
whichever comes first:
If any of the other in-
surance does not per-
mit contribution by
equal shares, we will
contribute by limits.
Under this method,
each insurer's share is
based on the ratio of its
applicable limit of in-
surance to the total ap-
plicable limits of insur-
ance of all insurers.
c. No Coverage
This insurance shall not
cover any loss for
which the insured is
entitled to recovery un-
der any other insur-
ance in force previous
to the effective date of
this Coverage Part~
e. Additional Definitions
As respects Employee Benefit Li-
ability Coverage, SECTION V -
DEFINITIONS is amended as fol-
lows:
(1) The following definitions are
added:
1. "Administration" means:
a. Providing information to
"employees", including
their dependents and
beneficiaries, with re-
spect to eligibility for or
scope of "employee
benefit programs';
b. Interpreting the "em-
ployee benefit pro-
grams";
c. Handling records in
connection with the
"employee benefit pro-
grams"; or
d. Effecting, continuing or
terminating any "em-
ployee's" participation
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15
in any benefit included
benefits, workers' com-
in the "employee bene-
pensation and disability
fit program".
benefits; and
However, "administration"
d. Vacation plans, includ-
does not include:
ing buy and sell pro -
a. Handling payroll de-
grams; leave of ab-
ductions; or
sence programs, in-
cluding military, mater-
b. The failure to effect or
nity, family, and civil
maintain any insurance
leave; tuition assis-
or adequate limits of
tance plans; transpor-
coverage of insurance,
tation and health club
including but not limited
subsidies,
to unemployment in-
surance, social security
(2) The following definitions are
benefits, workers' com-
deleted in their entirety and re -
pensation and disability
placed by the following:
benefits.
21. "Suit' means a civil pro-
2. "Cafeteria plans" means
ceeding in which money
damages because of an
plan authorized by applica-
ble law to allow "employ-
act, error or omission to
ees" to elect to pay for cer-
which this insurance applies
tain benefits with pre-tax
are alleged. Suit includes:
dollars.
a. An arbitration pro-
3. "Employee benefit pro-
ceeding in which such
damages are claimedand
grams' means a program
providing some or all of the
to which the in -
following benefits to em-
sured must submit or
ployees", whether provided
does submit with our
through a "cafeteria plan" or
consent;
otherwise:
b. Any other alternative
a. Group life insurance;
dispute resolution pro -
ceeding in which such
group accident or
health insurance; den-
damages are claimed
tal, vision and hearing
and to which the in -
sured submits with our
plans; and flexible
consent; or
spending accounts;
provided that no one
c. An appeal of a civil
g
other than an em-
proceeding.
ployee" may subscribe
to such benefits and
8. "Employee" means a per -
such benefits are made
son actively employed, for -
generally available to
merly employed, on leave
those "employees" who
of absence or disabled, or
satisfy the plan's eligi-
retired- "Employee" in-
bility requirements;
cludes a "leased worker".
"Employee" does not in-
b. Profit sharing plans,
clude a "temporary worker".
employee savings
plans, employee stock
2. Unintentional Failure to Disclose Haz-
ownership plans, pen-
ards
sion plans and stock
subscription plans,
SECTION IV - COMMERCIAL GENERAL
provided that no one
LIABILITY CONDITIONS, 7. Represen-
other than an "em-
tations is hereby amended by the addi-
ployee" may subscribe
tion of the following:
to such benefits and
such benefits are made
Based on our dependence upon your
representations as to existing hazards, if
generally available to
unintentionally you should fail to disclose
all "employees" who
all such hazards at the inception date of
are eligible under the
your policy, we will not reject coverage
plan for such benefits;
under this Coverage Part based solely on
c. Unemployment insur-
such failure.
ance, social security
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 7 of 15
3. Damage to Premises Rented to You
e) Settling, cracking,
shrinking or ex -
a. The last Subparagraph of Paragraph
pansion; or
2. SECTION 1 - COVERAGES,
COVERAGE A. - BODILY INJURY
f) Nesting or infesta-
AND PROPERTY DAMAGE, 2. LI-
tion, or discharge
ABILITY Exclusions is hereby de-
or release of
leted and replaced by the following:
waste products or
secretions, in -
Exclusions c. through do not apply
Exclusions q• PP Y
sects, birds, ro-
,
to damage by fire, explosion, light-
dents or other
ning, smoke or soot to premises
animals.
while rented to you or temporarily
occupied by you with permission of (b)
Loss caused directly or indi-
the owner.
rectly by any of the follow-
b. The insurance provided under SEC-
ing:
TION I - COVERAGES, COVERAGE
1) Earthquake, volcanic
A. BODILY INJURY AND PROP-
eruption, landslide or
ERTY DAMAGE LIABILITY applies
any other earth move -
to "property damage" arising out of
ment;
water damage to premises that are
2) Water that backs up or
both rented to and occupied by you.
overflows from a
(1) As respects Water Damage Le-
sewer, drain or sump;
gal Liability, as provided in
Paragraph 3.b. above:
3} Water under the
ground surface press -
The exclusions under SECTION
ing on, or flowing or
I - COVERAGES, COVERAGE
seeping through:
A. BODILY INJURY AND
PROPERTY DAMAGE LIABIL-
a) Foundations,
ITY, 2. Exclusions, other than I.
walls, floors or
paved surfaces;
War and the Nuclear Energy
Liability Exclusion, are deleted
b) Basements,
and the following are added:
whether paved or
This insurance does not apply
not; or
to:
c) Doors, windows or
(a) "Property damage":
other openings.
1) Assumed in any con- (c)
Loss caused by or resulting
tract; or
from water that leaks or
flows from plumbing, heat-
2) Loss caused by or re-
ing, air conditioning, or fire
sulting from any of the
protection systems caused
following:
by or resulting from freez-
ing, unless:
a) Wear and tear;
1) You did your best to
b) Rust, corrosion,
maintain heat in the
fungus, decay,
building or structure; or
deterioration, hid-
den or latent de-
2) You drained the
fect or any quality
equipment and shut off
in property that
the water supply if the
causes it to dam-
heat was not main -
age or destroy it-
tained.
self;
(d)
Loss to or damage to:
c) Smog;
1) Plumbing, heating, air
d) Mechanical
conditioning, fire pro -
breakdown in-
tection systems, or
cluding rupture or
other equipment or ap-
bursting caused
pliances; or
by centrifugal
force;
2) The interior of any
building or structure, or
to personal property in
the building or structure
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission.
Page 8 of 15
caused by or resulting
from rain, snow, sleet
or ice, whether driven
by wind or not.
c. Limit of Insurance
The Damage to Premises Rented to
You Limit as shown in the Declara-
tions is amended as follows:
(2) Paragraph 6. of SECTION III -
LiMITS OF INSURANCE is
hereby deleted and replaced by
the following:
6. Subject to 5. above, the
Damage to Premises
Rented to You Limit is the
most we will pay under
COVERAGE A. BODILY
INJURY AND PROPERTY
DAMAGE LIABILITY, for
damages because of
"property damage" to
premises while rented to
you or temporarily occupied
by you with permission of
the owner, arising out of
any one "occurrence" to
which this insurance ap-
plies.
(3) The amount we will pay is lim-
ited as described in Section B.
Limits of Insurance, 3. Dam-
age to Premises Rented to
You of this endorsement,
4. Supplementary Payments
Under SECTION I - COVERAGE, SUP-
PLEMENTARY PAYMENTS - COVER-
AGES A AND B:
a. Paragraph 2. is replaced by the fol-
lowing:
Up to the limit shown in Section B.
Limits of Insurance, 4.a. Bail Bonds
of this endorsement for cost of bail
bonds required because of accidents
or traffic law violations arising out of
the use of any vehicle to which the
Bodily injury Liability Coverage ap-
plies. We do not have to fumish
these bonds.
b. Paragraph 4. is replaced by the fol-
lowing:
All reasonable expenses incurred by
the insured at our request to assist
us in the investigation or defense of
the claim or "suit", including actual
loss of earnings up to the limit shown
in Section B. Limits of Insurance,
4.b. Loss of Earnings of this en-
dorsement per day because of time
off from work.
5. Medical Payments
The Medical Expense Limit of Any One
Person as stated in the Declarations is
amended to the limit shown in Section B.
Limits of Insurance, 5. Medical Pay-
ments of this endorsement.
6. Voluntary Property Damage and Care,
Custody or Control Liability Coverage
a. Voluntary Property Damage Cov-
erage
We will pay for "property damage" to
property of others arising out of op-
erations incidental to the insured's
business when:
(1) Damage is caused by the in-
sured; or
(2) Damage occurs while in the in-
sured's possession.
With your consent, we will make
these payments regardless of fault.
b. Care, Custody or Control Liability
Coverage
SECTION I - COVERAGES, COV-
ERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY, 2.
Exclusions, j. Damage to Property,
Subparagraphs (3), (4) and (5) do
not apply to "property damage" to
the property of others described
therein.
With respect to the insurance provided by
this section of the endorsement, the fol-
lowing additional provisions apply:
a. The Limits of Insurance shown in the
Declarations are replaced by the lim-
its designated in Section B. Limits of
Insurance, 6. Voluntary Property
Damage and Care, Custody or
Control Liability Coverage of this
endorsement with respect to cover-
age provided by this endorsement.
These limits are inclusive of and not
in addition to the limits being re-
placed. The Limits of Insurance
shown in Section B. Limits of insur-
ance, 6. Voluntary Property Dam-
age and Care, Custody or Control
Liability Coverage of this endorse-
ment fix the most we will pay in any
one "occurrence" regardless of the
number of:
(1) insureds;
(2) Claims made or "suits" brought;
or
(3) Persons or organizations mak-
ing claims or bringing "suits".
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc„ with its permission, Page 9 of 15
b. Deductible Clause
(1) Our obligation to pay damages
on your behalf applies only to
the amount of damages for each
"occurrence" which are in ex-
cess of the deductible amount
stated in Section B. Limits of
Insurance, 6. Voluntary Prop-
erty Damage and Care, Cus-
tody or Control Liability Cov-
erage of this endorsement. The
limits of insurance will not be re-
duced by the application of such
deductible amount.
(2) Condition 2. Duties in the Event
of Occurrence, Offense, Claim
or Suit, applies to each claim or
"suit" irrespective of the amount.
(3) We may pay any part or all of
the deductible amount to effect
settlement of any claim or "suit"
and, upon notification of the ac-
tion taken, you shall promptly
reimburse us for such part of the
deductible amount as has been
paid by us.
7. 180 Day Coverage for Newly Formed or
Acquired Organizations
SECTION II - WHO IS AN INSURED is
amended as follows:
Subparagraph a. of Paragraph 4. is
hereby deleted and replaced by the fol-
lowing:
a. Insurance under this provision is af-
forded only until the 180th day after
you acquire or form the organization
or the end of the policy period,
whichever is earlier;
8. Waiver of Subrogation
SECTION IV - COMMERCIAL GENERAL
LIABILITY CONDITIONS, 9. Transfer of
Rights of Recovery Against Others to
Us is hereby amended by the addition of
the following:
We waive any right of recovery we may
have because of payments we make for
injury or damage arising out of your on-
going operations or "your work" done un-
der a written contract requiring such
waiver with that person or organization
and included in the "products -completed
operations hazard". However, our rights
may only be waived prior to the "occur-
rence" giving rise to the injury or damage
for which we make payment under this
Coverage Part. The insured must do
nothing after a 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.
9. Automatic Additional Insured - Speci-
fied Relationships
a. The following is hereby added to
SECTION 11- WHO IS AN INSURED:
(1) Any person or organization de-
scribed in Paragraph 9.a.(2)
below (hereinafter referred to as
additional insured) whom you
are required to add as an addi-
tional insured under this Cover-
age Part by reason of:
(a) A written contract or
agreement; or
(b) An oral agreement or con-
tract where a certificate of
insurance showing that per-
son or organization as an
additional insured has been
issued,
is an insured, provided:
(a) The written or oral contract
or agreement is:
1) Currently in effect or
becomes effective
during the policy pe-
riod; and
2) Executed prior to an
"occurrence" or offense
to which this insurance
would apply; and
(b) They are not specifically
named as an additional in-
sured under any other pro-
vision of, or endorsement
added to, this Coverage
Part.
(2) Only the following persons or
organizations are additional in-
sureds under this endorsement,
and insurance coverage pro-
vided to such additional in-
sureds is limited as provided
herein:
(a) The manager or lessor of a
premises leased to you with
whom you have agreed per
Paragraph 9.a.(1) above to
provide insurance, but only
with respect to liability aris-
ing out of the ownership,
maintenance or use of that
part of a premises leased to
you, subject to the following
additional exclusions:
This insurance does not
apply to:
1) Any "occurrence"
which takes place after
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15
you cease to be a ten-
c)
Any physical or
ant in that premises.
chemical change
2) Structural alterations,
in the product
new construction or
made intentionally
by the vendor;
demolition operations
performed by or on be-
d)
Repackaging, un-
half of such additional
less unpacked
insured.
solely for the pur-
(b) Any person or organization
pose of inspection,
from which you lease
demonstration,
ti
equipment with whom you
testing, th e
substitution of
have agreed per Paragraph
parts under in-
9.a.(1) above to provide in-
surance. Such person(s) or
organization(s) are insureds
manufacturer, and
solely with respect to their
then repackaged
in the original
liability arising out of the
maintenance, operation or
container;
use by you of equipment
e)
Any failure to
leased to you by such per-
make such in-
son(s) or organizations(s).
spections, adjust -
However, this insurance
ments tests or
does not apply to any "oc-
servicing as the
currence which takes place
vendor has
after the equipment lease
agreed to make or
expires.
normally under-
(c) Any person or organization
takes to make in
the usual
(referred to below as ven-
course
of business, in
dor) with whom you have
agreed per Paragraph
connection with
9.a.(1) above to provide in-
the distribution or
sale of the prod-
surance, but only with re-
"bodily
ucts;
spect to injury" or
"property damage" arising
f)
Demonstration, in -
out of "your products" which
stallation, servic-
are distributed or sold in the
ing or repair op -
regular course of the ven-
erations, except
dor's business, subject to
such operations
the following additional ex-
performed at the
clusions:
vendor's premises
1) The insurance afforded
in connection with
the vendor does not
the sale of the
product;
apply to:
a) "Bodily injury" or
"property
g)
Products which,
after distribution or
damage"
for which the ven-
sale by you, have
dor is obligated to
been labeled or
relabeled or used
pay damages by
reason of the as-
as a container,
surnption of liabil-
part or ingredient
of any other thing
a contract
agre
or substance by or
agement, This
exclusion does not
for the vendor.
apply to liability for
2) This
insurance does
damages that the
not
apply to any in -
vendor would
sured
person or or -
have in the ab-
ganization:
sence of the con-
tract or agree-
a)
From whom you
ment;
have acquired
such products, or
b) Any express war-
any ingredient,
ranty unauthorized
part or container,
by you;
entering into, ac-
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15
companying or
2) This insurance does
containing such
not apply to "bodily in -
products; or
jury", "property Jam -
age" or "personal and
b When liability in-
tY
advertising injury' aris-
cluded within the
ing out of operations
"products-
performed for the state
completed opera-
or political subdivision.
tions hazard" has
been excluded
(f1 Any person or organization
under this Cover-
with which you have agreed
age Part with re-
per Paragraph 9.a.(1)
spect to such
above to provide insurance,
products.
but only with respect to li-
ability arising out of "your
d An state or political subdi-
{) Y P
work" performed for that
vision with which you have
additional insured by you or
agreed per Paragraph
on your behalf. A person or
9.a.(1) above to provide in-
organization's status as an
surance, subject to the fol-
insured under this provision
lowing additional provision:
of this endorsement contin-
This insurance applies only
ues for only the period of
time required by the written
with respect to the following
hazards for which the state
contract or agreement, but
or political subdivision has
in no event beyond the ex -
issued a permit in connec-
piration date of this Cover-
Part. If there is no
tion with premises you own,
age
written contract or agree -
rent or control and to which
ment, or if no period of time
this insurance applies:
is required by the written
1) The existence, mainte-
contract or agreement, a
nance, repair, con-
person or organization's
struction, erection, or
status as an insured under
removal of advertising
this endorsement ends
signs, awnings, cano-
when your operations for
pies, cellar entrances,
that insured are completed.
coal holes, driveways,
manholes, marquees,
(3) Any insurance provided to an
hoist away openings,
additional insured designated
under Paragraph 9.a.(2):
sidewalk vaults, street
banners, or decora-
(a) Subparagraphs (e) and (f)
tions and similar expo-
does not apply to "bodily
sures; or
injury" or "property damage"
2) The construction, erec-
included within the "prod-
tion, or removal of ele-
ucts-completed operations
vators; or
hazard";
3) The ownership, main-
(b) Subparagraphs (a), (b), (d),
tenance, or use of any
(e) and (f) does not apply to
elevators covered by
bodily injury", property
"personal
this insurance.
damage" or and
advertising injury" arising
(e) Any state or political subdi-
out of the sole negligence
vision with which you have
or willful misconduct of the
agreed per Paragraph
additional insured or their
9.a.(1) above to provide in-
agents, "employees" or any
surance, subject to the fol-
other representative of the
lowing provisions:
additional insured; or
1) This insurance applies (c) Subparagraph (f) does not
only with respect to op- apply to "bodily injury",
erations performed by "property damage" or "per -
you or on your behalf sonal and advertising injury"
for which the state or arising out of:
political subdivision has 1) Defects in design fur -
issued a permit. nished by or on behalf
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc„ with its permission. Page 12 of 15
of the additional in-
spects any other insurance
sured; or
policy issued to the addi-
2) The rendering of, or
tional insured, and such
failure to render, any
other insurance policy shall
professional architec-
be excess and / or noncon-
tural, engineering or
tributing, whichever applies,
with this insurance.
surveying services, in-
cluding:
(b) Any insurance provided by
a) The preparing,
this endorsement shall be
primary to other insurance
approving or fail-
ing to prepare or
available to the additional
approve maps,
insured except:
shop drawings,
1) As otherwise provided
opinions, reports,
in SECTION IV -
surveys, field or-
COMMERCIAL GEN-
ders, change or-
ERAL LIABILITY
ders or drawings
CONDITIONS, 5. Other
and specifications;
Insurance, b. Excess
and
Insurance; or
b) Supervisory, in-
2) For any other valid and
spection, archi-
collectible insurance
tectural or engi-
available to the addi-
neering activities,
tional insured as an
3) "Your work" for which a
additional insured by
consolidated (wrap-up)
attachment of an en -
dorsement to another
insurance program has
been provided by the
insurance policy that is
primecontractor-project
written on an excess
basis, In such
manager or owner of
the construction project
case,
the coverage provided
in which you are in-
under this endorse-
ment shall also be ex-
volved,
cess.
b. Only with regard to insurance pro-
vided to an additional insured desig-
nated under Paragraph 9.a.(2) Sub-
paragraph (f) above, SECTION III -
LIMITS OF INSURANCE is amended
to include:
The limits applicable to the additional
insured are those specified in the
written contract or agreement or in
the Declarations of this Coverage
Part, whichever are less. If no limits
are specified in the written contract
or agreement, or if there is no written
contract or agreement, the limits ap-
plicable to the additional insured are
those specified in the Declarations of
this Coverage Part. The limits of in-
surance are inclusive of and not in
addition to the limits of insurance
shown in the Declarations.
c. SECTION IV - COMMERCIAL GEN-
ERAL LIABILITY CONDITIONS is
hereby amended as follows:
(2) Condition 11. Conformance to
Specific Written Contract or
Agreement is hereby added:
11. Conformance to Specific
Written Contract or
Agreement
With respect to additional
insureds described in Para-
graph 9.a.(2)(f) above only:
If a written contract or
agreement between you
and the additional insured
specifies that coverage for
the additional insured:
(1) Condition 5. Other Insurance is
amended to include:
(a) Where required by a written
contract or agreement, this
insurance is primary and /
or noncontributory as re -
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission.
a. Be provided by the In-
surance Services Of-
fice additional insured
form number CG 20 10
or CG 20 37 (where
edition specified); or
b. Include coverage for
completed operations;
or
c. Include coverage for
"your work";
and where the limits or cov-
erage provided to the addi-
Page 13 of 15
tional insured is more re-
strictive than was specifi-
cally required in that written
contract or agreement, the
terms of Paragraphs
9.a.(3)(a), 9.a.(3)(b) or 9.b.
above, or any combination
thereof, shall be interpreted
as providing the limits or
coverage required by the
terms of the written contract
or agreement, but only to
the extent that such limits or
coverage is included within
the terms of the Coverage
Part to which this endorse-
ment is attached. If, how-
ever, the written contract or
agreement specifies the In-
surance Services Office
additional insured form
number CG 20 10 but does
not specify which edition, or
specifies an edition that
does not exist, Paragraphs
9.a.(3)(a) and 9.a.(3)(b) of
this endorsement shall not
apply and Paragraph 9.b. of
this endorsement shall ap-
ply.
10. Broadened Contractual Liability - Work
Within 50' of Railroad Property
It is hereby agreed that Paragraph f.(1) of
Definition 12. "Insured contract" (SEC-
TION V - DEFINITIONS) is deleted.
11. Property Damage to Borrowed Equip-
ment
a. The following is hereby added to Ex-
clusion j. Damage to Property of
Paragraph 2., Exclusions of SEC-
TION i - COVERAGES, COVERAGE
A. BODILY INJURY AND PROP-
ERTY DAMAGE LIABILITY.
Paragraphs (3) and (4) of this exclu-
sion do not apply to tools or equip-
ment loaned to you, provided they
are not being used to perform opera-
tions at the time of loss.
b. With respect to the insurance pro-
vided by this section of the en-
dorsement, the following additional
provisions apply:
(1) The Limits of insurance shown
in the Declarations are replaced
by the limits designated in Sec-
tion B. Limits of insurance, 11.
of this endorsement with respect
to coverage provided by this
endorsement. These limits are
inclusive of and not in addition to
the limits being replaced. The
Limits of Insurance shown in
Section B. Limits of Insurance,
11. of this endorsement fix the
most we will pay in any one "oc-
currence" regardless of the
number of:
(a) Insureds;
(b) Claims made or "suits"
brought; or
(c) Persons or organizations
making claims or bring
"suits".
(2) Deductible Clause
(a) Our obligation to pay dam-
ages on your behalf applies
only to the amount of dam-
ages for each "occurrence"
which are in excess of the
Deductible amount stated in
Section B. Limits of Insur-
ance, 11. of this endorse-
ment. The limits of insur-
ance will not be reduced by
the application of such De-
ductible amount.
(b) Condition 2. Duties in the
Event of Occurrence, Of-
fense, Claim or Suit, ap-
plies to each claim or "suit"
irrespective of the amount.
(c) We may pay any part or all
of the deductible amount to
effect settlement of any
claim or "suit" and, upon
notification of the action
taken, you shall promptly
reimburse us for such part
of the deductible amount as
has been paid by us.
12. Employees as Insureds - Specified
Health Care Services
it is hereby agreed that Paragraph
2.a.(1)(d) of SECTION II - WHO IS AN
INSURED, does not apply to your "em-
ployees" who provide professional health
care services on your behalf as duly li-
censed:
a. Nurses;
b. Emergency Medical Technicians; or
c. Paramedics,
in the jurisdiction where an "occurrence"
or offense to which this insurance applies
takes place.
13. Broadened Notice of Occurrence
Paragraph a. of Condition 2. Duties in
the Event of Occurrence, Offense,
Claim or Suit (SECTION IV - COMMER-
CIAL GENERAL LIABILITY CONDi-
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, inc., with its permission. Page 14 of 15
TIONS) is hereby deleted and replaced
by the following:
a. You must see to it that we are noti-
fied as soon as practicable of an
"occurrence" or an offense which
may result in a claim. To the extent
possible, notice should include:
(1) How, when and where the 'oc-
currence" or offense took place;
(2) The names and addresses of
any injured persons and wit-
nesses; and
(3) The nature and location of any
injury or damage arising out of
the 'occurrence" or offense.
This requirement applies only when
the 'occurrence" or offense is known
to an "authorized representative".
Includes copyrighted material of Insurance
GA 233 02 07 Services Office, Inc., with its permission. Page 15 of 15
C.L. "Butch" Otter
Governor
State of Idaho
Division of Building Safety
PUBLIC WORKS CONTRACTORS LICENSING BUREAU
CONTRACTOR
PWC-C-16568 - AAA - 2- 4 06/09/2006
License Number Original Ucense Issued
Categories: 01570, 02220, 02230, 02240, 02310, 0231$, 02500; 02720, 02740, 02910, 18700+
This is to certify that
GRANITE EXCAVATION', INC.
has fulfilled the requirements of the law relating to licensing in Idaho Code, Title 64, Chapter 19 & 45
and is hereby granted this certificate;
This license expires: 0613012012
Licensee Signature C. Kelly Pearce. Administrator
�% t
T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S
A I A D o c u m e n t A 3 1 2
P a y m e n t B o n d
B o n d N o . 7 1 8 3 3 2
A n y s i n g u l a r r e f e r e n c e t o C o n t r a c t o r , S u r e t y , O w n e r o r o t h e r p a r t y s h a l l b e c o n s i d e r e d p l u r a l w h e r e a p p l i c a b l e .
C O N T R A C T O R ( N a m e a n d A d d r e s s ) :
G r a n i t e E x c a v a t i o n , I n c .
S U R E T Y ( N a m e a n d P r i n c i p a l P l a c e o f B u s i n e s s ) :
N a t i o n w i d e M u t u a l I n s u r a n c e C o m p a n y
2 3 W a r m L a k e H i g h w a y O n e N a t i o n w i d e P l a z a
C a s c a d e I D 8 3 6 1 1 C o l u m b u s O H 4 3 2 1 5
O W N E R ( N a m e a n d A d d r e s s ) :
C i t y o f M c C a l l , P u b l i c W o r k s
2 1 6 E a s t P a r k S t r e e t
M c C a l l I D 8 3 6 3 8
C O N S T R U C T I O N C O N T R A C T
D a t e :
A m o u n t : $ 5 2 , 0 3 7 . 9 5 F i f t y T w o T h o u s a n d T h i r t y S e v e n D o l l a r s a n d 9 5 / 1 0 0
D e s c r i p t i o n ( N a m e a n d L o c a t i o n ) : B r o w n P a r k P a t h w a y R e c o n s t r u c t i o n
B O N D
D a t e ( N o t e a r l i e r t h a n C o n s t r u c t i o n C o n t r a c t D a t e ) : S e p t e m b e r 1 3 , 2 0 1 1
A m o u n t : $ 5 2 , 0 3 7 . 9 5 F i f t y T w o T h o u s a n d T h i r t y S e v e n D o l l a r s a n d 9 5 / 1 0 0
M o d i f i c a t i o n s t o t h i s B o n d : ) ] N o n e 2 1 S e e P a g e 6
C O N T R A C T O R A S P R I N C I P A L
C o m p a n y : ( C o r p o r a t e S e a l )
G r a n i t e E x c a v a t i o n , I p o ,
S i g n a t u r e :
N a m e a n d T i t l e :
( A n y a d d i t i o n a l s i g n a t u r e s a p p e a r o n p a g e 6 )
( F O R I N F O R M A T I O N O N L Y - N a m e , A d d r e s s a n d T e l e p h o n e )
A G E N T o r B R O K E R :
M o r e t o n & C o m p a n y
1 2 6 3 9 W e s t E x p l o r e r D r . , S u i t e 2 0 0
B o i s e I D 8 3 7 1 3
2 0 8 - 3 2 1 - 9 3 0 0
S U R E T Y
C o m p a n y : ( C o r p o r a t e S e a l )
N a t i o n w i d e M u t u a l I n s u r a n c e C o m p a n y
S i g n a t u r e :
N a m e a n d T i t l e : T i n a F a y C o l a n
A t t o r n e y - i n - F a c t
O W N E R ' S R E P R E S E N T A T I V E ( A r c h i t e c t , E n g i n e e r o r o t h e r
p a r t y ) :
A I A D O C U M E N T A 3 1 2 " P E R F O R M A N C E B O N D A N D P A Y M E N T B O N D . D E C E M B E R 1 9 8 4 E D . " A I A
T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S , 1 7 3 5 N E W Y O R K A V E . , N . W . , W A S H I N G T O N , D . C . 2 0 0 0 6 A 3 1 2 - 1 9 8 4 4
T H I R D P R I N T I N G " M A R C H 1 9 8 7
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation
Farmland Mutual Insurance Company, an Iowa corporation
Nationwide Agribusiness Insurance Company, an Iowa corporation
Power of Attorney
AMCO Insurance Company, an Iowa corporation
Allied Property and Casualty Insurance Company, an Iowa corporation
Depositors Insurance Company, an Iowa corporation
hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint:
MARCIA WING
KIM HOWARD WARD
SALLY L. STOPCZYNSKI
HARVEY KNOLL
TINA FAY COLEMAN
ROBIN STROUD
ALLAN RANSTROM
COLLEEN THOMPSON
BOISE ID
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 HUNDRED THOUSAND AND NO/100 DOLLARS $ 500,000.00
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 guaranteeingthe fidelity of persons holding positions of publicor privatetrust, and other writings obligatory in naturethatthe
business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authoritygranted
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 anyof 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 sealed and duly attested by the signature of its officer the
1 1" day of August , 2009.
/ :�1
�0
;i °nPKP4;� ; �f
' SEAL:
Gary A. Douglas, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company
and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company,
.
fi~+=9
AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance
Company
ACKNOWLEDGMENT
_
�.+�•' �'
STATE OF IOWA, COUNTY OF POLK: ss
SEAL
ra. sFAr,:�i
On this 1 1" day of August , 2009, before me came the above -named officer for the Companies 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 of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies,
w
and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the
Ar.
`I
authority and direction of said Companies.
SEAL
`,`SEAL i
SANDY AiIt
162785
VVowdNala+zwkm Notary Public
ro.« Wmvh24•2011
My Commission Expires
CERTIFICATE March 24, 2011
I, Kathy R. Richards, Assistant Secretary of the Companies, 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 is 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 Gary A. Douglas was on the date of the execution of the foregoing power of attorney the duly elected officer of the
Companies, and the corporate seals 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 of attorney is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seals of said Companies this / 3 day
o
, 20 ck(ff
r J
Assistant Secretary
This Power of Attorney Expires 05/15/13
04299
565760
BDJ 1 (08/09)
a, ,,
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 718332
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Granite Excavation, Inc.
23 Warm Lake Highway
Cascade ID
OWNER (Name and Address):
City of McCall, Public Works
216 East Park Street
McCall
83611
ID 83638
SURETY (Name and Principal Place of Business):
Nationwide Mutual Insurance Company
One Nationwide Plaza
Columbus OH 43215
CONSTRUCTION CONTRACT
Date:
Amount: $52,037.95 Fifty Two Thousand Thirty Seven Dollars and 95/100
Description (Name and Location): Brown Park Pathway Reconstruction
BOND
Date (Not earlier than Construction Contract Date): September 13, 2011
Amount: $52,037.95 Fifty Two Thousand Thirty Seven Dollars and 95/100
Modifications to this Bond: ® None
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Granite Excavation, Inc.
Signature:
Name and Title:
(Any additional signatures appear on page 3)
SURETY
® See Page 3
Company: (Corporate Seal)
Nationwide Mutual Insurance Company
Signature 11�1 0��
Name and Title: Tina Fay Colem
Attorney -in -Fact
(FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineerorother
AGENT or BROKER: party)
Moreton & Company
12639 West Explorer Dr., Suite 200
Boise ID 83713
208-321-9300
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 1
THIRD PRINTING • MARCH 1987
I The Contractor and the 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 to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the
Construction Contract. 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; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be
declared earlier than twenty days after the Contractor
and the Surety have received notice as provided in
Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in
accordance with the terms of the contract with the
Owner.
4 When the Owner has satisfied the conditions of
Paragraph 3, the Surety shall promptly and at the Surety's
expense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the
Construction Contract itself, through its agents or
through independent contractors; or
4.3 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
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 Paragraph 6 in
excess of the Balance of the Contract Price incurred by
the Owner resulting from the Contractor's default; or
4.4 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, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in
Paragraph 4 with reasonable promptness, the Surety shall
be deemed to be in default on this Bond fifteen 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 Subparagraph 4.4, and the Owner refuses
the payment tendered 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.
6 After the Owner has terminated the Contractor's right to
complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
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. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the
Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for
correction of defective work and completion of the
Construction Contract;
6.2 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 Paragraph 4; and
6.3 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.
7 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 or successors.
8 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.
9 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
AIA DOCUMENT A312 . PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED. a AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984
THIRD PRINTING • MARCH 1987
ti
and shall be instituted within two years after 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 of limitation
available to sureties as a defense in the jurisdiction of the
suit shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the
signature page.
11 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. The intent is that
this Bond shall be construed as a statutory bond and not
as a common taw bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total
amount payable by the Owner to the Contractor under
the Construction Contract after all proper adjustments
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
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.
12.2 Construction Contract: The agreement betwen
the Owner and the Contractor identified on the
signature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to
perform or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the
Contractor as required by the Construction Contract or
to perform and complete or comply with the other
terms thereof.
(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: (Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. * ALA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984
THIRD PRINTING • MARCH 1987