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2014.07.24 Valley Paving and Asphalt Agreement for Construction Contract
��1 ��, 4 , 4 , E Y U M 7 a A S P A I I A T , I M I C . m f f ��t A t t n : M r . N a t h a n T . S t e w a r t , P . E . C i t y o f M c C a l l 2 1 6 E . P a r k S t r e e t M c C a l l , I D 8 3 6 3 8 E m m v m ���� 1 ) P e r f o r m a n c e a n d P a y m e n t B o n d s 2 ) A c c e p t a n c e o f N o t i c e O f A w a r d 3 ) S i g n e d C o n t r a c t D o c u m e n t 4 ) I R S F o r m W - 9 5 ) W H - 5 P u b l i c W o r k s C o n t r a c t R e p o r t 6 ) P r o o f O f I d a h o P u b l i c W o r k s L i c e n s e M r . C h r i s S e u b e r t V a l l e y P a v i n g & A s p h a l t , I n c . P . O . B o x 2 2 7 0 M c C a l l , I D 8 3 6 3 8 P h o n e N o , ( 2 0 8 ) 6 3 4 - 2 5 4 0 C e l l N o . ( 2 0 8 ) 4 6 9 - 9 2 7 5 1 3 M E E E R M - 7 / T h o m a s C . R i e n e r V i c e P r e s i d e n t R O . B o x 3 0 8 C o t o r s w a c e d , I D 8 3 5 2 2 ( 2 0 8 ) 9 6 2 - 3 3 1 4 A n E q u a l O p p o r t u n i t y E m p l o y e r C C B # 0 1 2 1 2 3 5 I. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT, is being made and entered into this, day of 2014 and between The City of McCall (hereinafter, "OWNER") and VALLEY PAVING AND ASMALA, INU,__ (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 (5) and the following: 1, Bid Documents titled, PARK STREET ROAD RECONSTRUCTION - SUMMER 2014 2. Standard General Conditions of the Construction Contract, 2012 ISPWC (Idaho Standards for Public Works Construction) Division 100 (not attached) (pages I to 52, inclusive). 3, Bid Proposal (Section 111) of the Contractor, dated June 25, 2014, to be physically attached to this Contract; 4. The Construction Plans (5 sheets); 5. General Conditions (Section V) 6. Supplementary Conditions (Section VI) T Tcchnical Specifications (Section VII) 8, Performance and Payment Bonds and Insurance Certificates, to be physically attached to this Contract; 9. 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. f, Substantial completion certification g. Final completion certification 10. Change Orders, which may be delivered or issued after the effective date of this Agreement; 11. Addenda issued prior to opening of bids, to be physically attached to this contract; 11 WI-1-5 - Public Works Contract Report for Idaho State Tax Commission 13. 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 Conti -act Documents. Tire Work is generally described as follows: PARK STRFETROAD RECONSTRUCTION - SUMMER 2014, ARTICLE 3. PROJECT ENGINEER, MCCALL CITY ENGINEER, MCCALL PUBLIC WORKS I)IRECTOR 1,01 The prqject has been designed by the City of McCall City 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 Public Works Director (Director) will be the Owner's representative, along with the City 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 TIMES/LIMITATIONS 4,01 Substantial ("Oniplelion 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 oil September 1, 2011 or when weather conditions permit, and only after approval of the Project Engineer. The work to be perl'ornied pursuant to this Contract shall be substantially complete within 15 calendar days after Notice to Proceed and/or no later than September 30, 2014. The project will be considered "Substantially Complete" when all base and asphalt placement has been completed. 4.02 Final CoinlVelion The work shall be finally complete and ready for final payment, in accordance with paragraph 14.07 of the ISPNVC General Conditions. within 14 calendar days of the date ol'Substantial Completion Certification or before October 15, 2014. 4.03 Working Hours Work call be performed 5 days a week (Monday through Friday) for a period of 12 hours (7:00 am to 7:00 PM) per day. Adjustment of the contract time call be made in accordance with the provisions of the Contract Documents as directed by the Project Engineer, Public Works Director, or the OWNER. 4.04 Liquiclated Damages A. CON FRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4,02 above, plus ally extensions thereof allowed in accordance with Article 12 of the ISPWC Section 100 General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal oi- arbitration preceding the actual loss Suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $750.0.0 for each day that expires alrer the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if (-'ON FRACTOR shall neglect, refuse, or fitil to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACFOR shall pay OWNER $750.0.0 lot- each (Jay that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and read), for final payment. ARTICLE 5. CONTRACTI"RICE OWNER shall pay CONTRACTOR for completion of the Work it) accordance with the Contract Documents all amount in Current funds equal to the sum of the amounts determined pursuant to the CONTRACTOR's Bid Schedule contained in Bid Form, Article 5, Section 111. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Snbini*llal andl'roeessing qfPctwitents A. CONTRAC'FOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by FNGINEER as provided in the General Conditions. Contractor shall provide an example Application for Payment submittal to the Project Engineer at the start of the project for review and approval. 6.02 Progress Pallments; Relainage A. OWNER shall make progress payments On account of the Contract Price on the basis of CONI'RACfOR's Applications for Payment on or about the 30th day of each month during performance of the Work, as provided in paragraphs 6.02.A.1 and 6,02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based oil the uUmber of units complete(]) or, in the event there is no schedule of` values, as provided in the General Requirements: Prior to Substantial Completion, progress payments will be trade in all amount equal to tile percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINE11"R may determine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions: a, 95% of Work- completed (with the balance being retainage): and ll. 95% of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work- completed, less such amounts as ENGINEER shall determine in accordance with Paragraph 14.02.13.5. 6.03 Final Pqrmenl A. Upon final completion and acceptance of the Work in accordance with Paragraph 14,07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07, less any sum Owner is entitled to set off' against Engineer's recommendation, including but not limited to liquidated damages. ARTICLE 7 - INTEREST 7,01 Alt RlOueyS ]lot Paid When due as provided in Article 14 of the General Conditions shall beat, interest at the rate of 5% per annuni. ARTICLE 8. INDEPENDENT CONTRACTOR Hre 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 pat -ties hereto that the Contractor is air 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 (MICA} withholding. ARTICLE 9. 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 10. HOLD IIARNILESS/INDENINIFICATION In addition to other rights granted the OWNER by the Contract Documents, the Contractor shall indemnify and save harmless 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 ,my person, persons, or property on account of the operations of the Contractor or his subcontractors; or oil 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 frorn any infringements of patent, trademark or copyright; or front any claims or amounts arising or recovered tinder the Workmen's Compensation Act or any other law, ordinance, order or decree. ARTICLE 11. CONFLICT OF INTEREST The Contractor covenants that it presently has no interest and will not acquire any interest, direct or indirect, in the pro , ject which would conflict in any manner or degree with tire performance of' its set -vices 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, Architect and the OWNER. ARTICLE 12. 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 Contractor may not subcontract or assign its rights (including the right to compensation) or ditties arising hereunder other than as contemplated by tire Contract Documents, without the prior written consent and express authorization of the OWNER. ARTICLE 13. 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 OWNI, - 'f' R and the City of 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 14. LEGAL FEES In the event either party incurs legal expenses to enforce the terns 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 15. 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, discussion, or negotiation leading to the award of this Contract. Any such activity by the Contractor shall make this Contract 111.111 and void. ARTICLE 16. COMMUNICATIONS Such communications as are required by this contract shall be satisfied by mailing or by personal delivery to the parties at the following address: �Contractor: Va Ili , 1 44 q z� Itt4e_ P. Owner: City of McCall 216 E, park Street McCall, Idaho 83638 IN WITNESS Wlll:'.REOI-', said Contractor and the OWNF'R or City has caused this Contract to be executed on the day and year first above written. Contractor: V/ by: 1 A CKNOW I.EDGM ENT 0 r: ackie Ayni J. 1 Ayj 1 1 Ma or ATIT' T: o essieJo Wa 'ity Cler Approved As To Form: �0 William T�. �N�icorsCit?, Attorney Oil this /0 day of 2014, betore me, a Notary Public of the State of Idaho, personally appeared in his official capacity as known to me to be the person described in the above document and acknowledged to me he executed the same. 6 SFAI. Notary Public residing at d My Commission expiresCPa ARILYN G, LERANDE, UF NOTARY PUBLIC S T Pk JE 01"' 0 Li berty �Mutual. SURETY Bond Number: 67S201301 KNOW ALL MEN BY THESE PRESENTS, that we Vall2y Paving & Asghalt, Inc, . as principal (the "Principal" and Liberty Mutual Insurance Compan a Massachusetts stock insurance company, as surety (the "Surety"), are held and firmly bound unto Cily oNcCall I 11mill WHEREAS, the Principal has by written agreement dated the NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly make payment to all Claimants, as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shelf be null and void; otherwise it shall remain in full force and effect. e The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant, wtw, has not been paid in full before the expiration of a period of ninety (90) days (or such lesser or greater time period as otherwitse, permitted by relevant law) after the date on which the last of such Claimanrs work or labor was done or performed, or materials were furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon. The Obliges shall not be liable for the payment of any costs or expenses of any such suit. Suomi (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, Is situated, and not elsewhere. LMIC-5200 Page 1 of 2 Rev. 03/04 (c) After the expiration of one (1) year (or such lesser or greater time period as otherwise permitted by relevant law) following the date on which the Subcontractor provided the last labor and/or materials to the project. 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. 4. Surety shall have no liability to any Claimant under this Bond for any amount unless it is due and owing to the Claimant by the Principal pursuant to the express terms of the contract between the Principal and Claimant or, if the Claimant does not have a direct Contract with Principal, pursuant to the terms and conditions of the Contract between the Claimant and the Subcontractor to the Principal. The Bond incorporates all of the Principal's contractual defenses, Including but not limited to pay -if -paid provisions, whereby payment to the Claimant is subject 4 the conditionprecedent of Obligee'spayment ! the Principal, . • other limitations on amounts due underthe contract between Principal a, • 5. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, Inclusive of the payment by Surety of mechanics' liens, which may be filed of record against such improvement, whether or not a claim for the amount of such lien be presented under and against this •♦ • DATED as of this 1 Oth day of Dial 2014 WITNESS 1 ATTEST Vane PcVttl Ile"t�t It1C. 13y: (Principal) (Sea() Darr►. Title:%' l LIBERTY MUTUAL INSURANCE COMPANY (Surety) f Brenta J. Srnithj:,"° Att irrey4n- fi t �4' � Y' 4 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, Not valid for mortgage, note, loan, letter of credit, bank deposit, currency rate, Interest rate or residual value guarantees. To confirm the validity of this Powarof Attorney call 610-832-8240 between 0:00 am and 00 pm EST on any business day. A t . I t i I I I I * 111IMPUROMMUntIM&If inalop'0411" M441F011MIXR0111 Of the city Of loise its true and 6awful attorroy-In-fact, with ftiff power and authority hereby conferred to sign, execute and acknowledge the following surety bond: Surety Bond Number: 67S201301 Bond Amount §ee —Bond I— St, ON COMMONWEALTH OF PENNSYLVANIA Notarial Seat F loresa Pastelta, Notary Public By: —PT�eresa Parstella. otary Puhff O "uth Up., Montgomery County My Commission Expires March 28,2017 I Notedes TW6 Power of Alto e and Pursuant to 5 iau at and MAhviZationS Of American Eea and Insurance Coarparty, Liberty Mutual Insurance Company, and West American Insurance Company which resotutions are nost In full force and effect reWing as follows: A .4*v offinar or piker officlat-alAlre CAu4n&t atitUd7ed for filat nurtisa it varifia hv fte Ckatmai or the ITesita&t. aaid , WOR I I - I I RN 91411. ff'' 141. 9I.R.R.W.RUT111,710901 .9. R. NMI UNIN In -fact under the provisions ofthis arficlea maybe revoked at any date by the, Board, the Chairman, the President or by the officer or officers granting such power or authority. # w0dthh me force arid effect as though manually affixed. RION executed by said Companies, is In full force and effect and has not been revoked, 18 rr ty SURETY Ph, (610) 832-8240 Bond Number: 67S201301 KNOW ALL MEN BY THESE PRESENTS, that we Vallev Pavina & Asr)halt, Inc. as principal (the "Principal"), OPT W4 Wif—rfl- MMEMSEEM for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 4A WHEREAS, the Principal has by written agreement, dated the day of Li entered into a contract (the "Contract"I with the Obligee for Park Street Road Reconsftdction - Summer 2014 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly and faithfully perform the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 1. Whenever the Principal shall be, and declared by the Obligee to be in default under the Contract, the Obligee having performed the Obligees obligations thereunder, the Surety may promptly remedy the default, or shall promptly: LMIC-5100 Page 1 of 2 Rev. 3/12 ��W j 0 1 & 4 u Q 2 1 1 . 3 1 W - 1 6 2 t y - a t . - J I t K * 1 & I A l m g w g l 1 " " U , I R . I N G M E 6 . A n y c l a i m s m u s t b e p r e s e n t e d I n w r i t i n g t o L i b e r t y M u t u a l I n s u r a n c e C o m p a n y t o t h e a t t e n t i o n o f t h e S u r e t y L a w D e p a r t m e n t a t t h e a b o v e a d d r e s s . D A T E D a s o f t h i s 1 0 _ t h d a y o f W I T N E S S / A T T E S T Y a f f e ( P r i n c i p a l ) B y : ( S e a l ) T i t l e : M E M N O N i i i i i i i j Idaholax Commission WF1'-5 Public Works Contract Report r"! A A s _ 1Sote'¢ropue or's Social Security nuanber j fdaho sof�shlse�tayx� /Permit rumba Idaho wiipirhOding�taax permit mjontier Arrareii g agency pro}ed; narnbe Fvtrottnt of contract Description and iocatlon of work to be performed I E sa a s { x 3 r y c t ;, aft i> a}' i d?%'`d, ..�£ i £ 4 i ,jk "�i§.�s�,.;k,"R4:.a»bs��h,`iT.£u,r.kr«.irr.�.ots"sx�,e�s>�.a�.�;r.., sw��. .,,,,m ,txi..FnG.,,�.v;.«: dare#. u.;?�duas,.`s�"'�r ``,�„q"w "nl .:.°a his .,,t'a �` Scheduled project start date: —( Cornpletton date: If the f(Ilowing information, is ni t available at this time, please indicate date it will be: ..i.,,-t.�,�a§r,.t'"r:*�.r,pr��tP, �fi`,raii*`;�`.,#;.;.'"is;i ,.�.,",,.,.`j`.1;,t�.i..iY,rTd,,":�.,r`.:r�'41 ��stt4, a.. _ _.. Name -- Fedurat EIN aliblic works cont"r citor dumber City, state, ZIP Ci it t Ci Corporation Amount of subcc. rack _ 4.? Sofe ci ri84cirsEii C3 Parttterahi S Description r�t:rork ..Name Public works contractor numaer - �ity, State, -ZIP C7 Li.0 IO Corporation Amount cat subae nlmct 1 Sole ra rie%rrsfti 0 Pattrtershi S Description a#work #YR k Use the space below to report rrrajor suppliers of atei7als and supplies items removed front inventory; equipment purchased, rented, or leased for use in project; materials provided by government agency. Ptese €'radiate ttow stiles or t se tax s paid. Address Matarrats and equipment PunrharAd and used City, slate, zit Rno e Tax paid to supplier 0 Tax paid to stag" L No tax paid Name Testa== -.. Address :Fe:dalal�Elll �.*h, S Materials and equipment purchased and used city, state, 71P 1 Phone tJ Tax paid to supplier 0 Tax paid to state, Cl No tax paid Name. Federal EiN Total value Ma#edals acid equipment #rue -haled and users City, smote. 2iP Phone � D Tax paid to supplier D Tax paid to state' EI No tax paid Name ..... Address Materials and equipmertt purchased and used CdY, Slate. lP Phone D Tax paid to supplier 0 Tax paid to state D No tax paid If tax was not paid to suppliers but t; or will be reported as °items subject to use tax' under your permit number, indicate period of return on Which payment was or will be reported, If tax was paid t6 a state other than Idaho, name state next to "total -value" boxes) above, if tax is due and has not previously bean reported, attach payment to this form. if you need tuore room, please photocopy This page, SIGN Au O;rixe ilelaturcHERE I Print nsme � Rhone number to Fife with the Idaho State "fax Commission, PO Box 36, poise ll� im3?22-2230, Fear more infra anon, Dell {2Q�) 33t-7 t8. CITY OF MCCALL PUBLIC WORKS Rrcnnfixc[m�'Hi Dated: 7/8/2014 TO: Chris Seubert -- Valley Paving and Asphalt, Inc. ADDRESS: PO Box 308, Cottonwood. Idaho 83522 PROJECT: Park Street Road Reconstruction 2014 You are notified that YOUr Bid dated 6/25/14 for the above Contract has been considered. You are the apparent SUCCeSSfUl Bidder and have been awarded a Contract for the Park Street Road Reconstruction 2014 and other related and miscellaneous work. The Contract Price Of Your Contract is: One Hundred Forty Three Thousand Six I WuLlred Seventj, dollars j$143 600.00 A copy of the Contract Agreement accompanies this Notice of Award as well as subsequent Contract dOCU111CIAS. You are required by the Information for Bidders to execute the Agreement and Furnish the following: • Performance and Payment Bonds • Insurance Certificate (listing the City of McCall as additionally insured); • IRS form W-9; • Proof of current Idaho Public Works License appropriate for the work identified in the Contract; • WH-5 Public Works Contract Report; (Some of these items may have been provided ii4th the completed BidlProposal) You are required to deliver the executed Contract Documents the Contract security (Bonds) as specified in the Project Specifications within seven (7) days of the date of this Notice. Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid in default, to annul this Notice of Award and to declare your Bid security forfeited. Within ten days after you comply with the above conditions, OWNER will return to YOU two Fully executed counterparts of the Contract Documents. ACCEPTANCE OF NOTICE City of MCCa] I (OWNER) Receipt of the above NOTICE OF AWARD is hereby acknowledged A By. By: (AUTHORIZED SIGNATURE) (AUTHORIZED SIGNATURE) Title: City En - gi er Title: o6e (please sign lhe,4cceplunce ofNotice and./ox to 208-634-4170 or e-inail to Mte)Urt((��mccull. id, Us) 216 East Park Street e McCall, Idaho 83638 9 (208) 634-5580 * Fax (208) 634-4170 0 Olt 1 ARTICLE I - BID RECIPIEN'r 1.01 This Bid is submitted to the City of McCall. This bid is for the project titled: PARK STREET ROAD RECONSTRUCTION - SUMMER 2014 ARTICLE 2 - BIDDER'S INFORMATION BIDDER's Idaho Public Works Contractor License No.: 15() 7 9 License Expiration BIDDER's Business Address: eoog BIDDER's Business Phone BIDDER's FAX BIDDER's Email Address: S-�go�-t--Qir&4wA,,—� ARTICLE 3 - BIDDER'S ACKNOWLEDGEMENTS This proposal is submitted as an offer by the undersigned to enter into contract with the City of McCall, McCall Idaho, hereinafter referred to as the "OWNER" for the PARK STREET ROAD RECONSTRUCTION -- SUMMER 2044, specified herein, and which construction documents are on file with the Public Works Department, 815 N. Samson Trail, McCall, Idaho, and which are a condition hereof with the same force and effect as though they were attached hereto. The offer is conditioned on the following declarations as to the facts, intention and Understanding of the undersigned and the agreement of the OWNER to the terms and prices herein submitted. I All project specifications and drawings examined by the undersigned and their terms and conditions are hereby agreed to. 2. 'Elie undersigned certifies that he has received or made himself aware of any and all existing site conditions that may affect the proposed work. 3. It is understood that the contract drawings may be supplemented by additional drawings and specifications in explanation and elaboration of the contract drawings and it is agreed that such supplemental drawings, I when not in conflict with those referred to in paragraph I above, will have the same force and effect as if attached hereto and that when received they will be considered a part of the contract. 4. The undersigned will furnish separate performance and payment bonds and insurance certificates, as required by the specifications, in the fall amount of the contract price within the time limit therein after notification that. the said proposal is accepted, all in accordance with the provisions ofthis proposal and the specifications. 6. The undersigned further agrees that the OWNER shall have the right to accept or reject any bid deemed to be in the best interest of the OWNER or the City of'McCall. 7. The undersigned agrees to order all necessary equipment and materials within a period of three (3) days after Notice to Proceed has been issued by the OWNER. PARK SIRFI:'I'ROADREC'ONS'll(tJ('TION SUNIMFR2014 7 REV. 6/5/14 8'fire undersigned, as a BIDDER, acknowledges that Addenda Number through have been delivered to him and have been examined as part of the contract documents. 9. The undersigned agrees to complete all work embraced in the contract within the time limitations set forth in paragraph I B-9 of the Instruction to Bidders. ARTICLE 4 — BIDDERS'S CERTIFICATION 4.01 BIDDER certifies that: A� This Bid is genuine and not made in the interest of or on behalf` of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; 13IDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. PARK SIRrerROkl)RECONS'FRcl('I'ION SUMNER2014 8 REV. 6/5/14 5.01 BIDDER will complete the Work in accordance with the Contract Doctinients for the following price(s): BID SCHEDULE GENERAL PROJECT ITEMS 2010.4,1A 1,Technical Mobilization S ecification I I L.S. $ 1103A.I.A.1,Technical 2 Traffic Control S ecilication 2 I L,S. BASE AND ASPHALT IMPROVENIIINTS 802,4. LA. Ijechnical 3 1111 1 CrLISIIC-- ISPWCT pe I crushed aE��� 800 Cu. Yds. $ Plant Mix Pavement, Superpave S11-3, 910.4. 1 A4,Technical 4 45,000 Sq, Ft $ Plant Mix Pavement, Superpave SP-3,'/," 810.4, LAAJ'echnical 5 BID TOTAL (Sum of Lecficalmn Bid Items I through 8,700 5) Total (Amount) Sq, Ft BID TOTAL (Words): ES PARK STREET I ROAD RECONSTRUCI ION SUMMER2014 9 REV. 6/5/14 VW H ARTICLE 6 - BID SUBMITTAL 6.01 Submitted on 20JA 6.02 'rhis Bid is submitted by: Name (typed or printed): By.--- ---- [Doing Business A —Partnership Partnership Nar By:__ (individual's signature) (Signature of general partner - attach evidence of authority to sign) Name (typed or printed):___. Lk Coloration I Corporation Name: State of Incorporation:—Z Type (General Business, Professional, Service, Limited Liability): - By -- (Signature --- attach evidence of authority to sign) Name (typed or printed): 'rule: Vt-tl- Attest:-jac A Joint Venture 0 (CORPORATE SEAL) Name of Joint Venture: First Joint Venture Name: (Signature offirst joint venture partner - attach evidence of authority to sign) Name (typed or printed): PARK STREET ROAD RECONSTRUCTION - SUMMER 2014 10 REV. 6/5/14 VALLEY PAVING & ASPHALT, INC. A special meeting of directors and shareholders of Valley Paving & Asphalt, Inc. was held Those present were: Jeanne M, ("Cherie") Seubert, Phillip T. Seubert, Cluistopher P. Seubert, Nicholas P. Seubert, Randolph E. Shears, Thomas C. Riener, and Paul T. Hattrup, representing both the directors and owners of all outstanding shares. It was moved that the following Resolution be adopted, which was passed with the unanimous vote of shareholders: "RESOLVF,D: That to aid in the ongoing business of construction of public works contracts, and of other construction contracts, all current and future corporate officers shall expressly have the authority to execute construction contracts and supply contracts with public entities and with others, and shall expressly have authority to execute change orders, pay estimates and all other contract documents thereunder, all without limitation in amount or content." President: Vice President: Vice President: Vice President: Secretary: Treasurer: Christopher P. Seubert Jeanne M. ("Cherie') Seubert Nicholas P. Seubert Thomas C. Riener Paul T. Hattrup Paul T. Hattrup There being no further business to come be -fore the meeting, upon motion duly made, seconded, and -unanimously carried, it was adjounied. SECRETARY - PaufT. Haattruipn�;2 M11 Second Joint Venture (SEAL) By: (Signature of second joint venture partner - attach evidence of authority to sign) (Each joint venture must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above. PARK STREET ROAD RECONSIRUCI [ON - SMINIER 2014 11 REV• 6/5/14 ARTICLE 7 — NAMING OF SUBCONTRACTOR FORM Per Idaho Code, 67-23 10, BIDDI-'.R shall include in his or her Bid the names and address, and Idaho Public Works Contractor License Number of the Subcontractors who shall, in the event the Bidder secures the Contract, subcontract for plumbing, heating and air-conditioning work, and electrical work Linder the general ('ontract. Because no plumbing, treating and air conditioning, or electrical work is required for this prqject, such subcontractors shall not be listed. In addition to subcontractors tractors for plumbing, heating and air-conditioning work, and electrical work, provide the names and addresses of the additional subcontractors, Suppliers, individuals or entities called for in the Instruction to Bidders (include Idaho Public Works Contractor License Numbers for any subcontractors) Additional Subcontractor Name and Address Additional Subcontractor Name and Address Additional Subcontractor Name and Address Public Works License Number Public Works License Number Public Works License Number I'ARKSTRIEI'ROAI)RE('ONSI'R�J('I'ION SUMNIFR2014 12 REV6/5/14 10,21WAINNIMIU111 PARK STREET ROAD RECONSTRUCTION - SUMMER 2014 McCall, Idaho STATE OF IDAHO Valley County atK�Q, t f i being first duty sworn, deposes and says that he/she is Xisl-�Pl- of Yq I& f - the party making the foregoing bid, that such bid is not made in the interest otor �on be'lialfoF any undisclosed partnership, company, association, organization, or corporation; that such bid is genuine and not collusive of sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, nor that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of said bidder or of any bidder, nor to fix any overhead, profit, or cost element Of Such bid price, nor that of any other bidder, nor secure any advantage against the public body awarding the contract or anyone interested in the proposed contract; that all statements contained in such bid are true, and, further, that said bidder has not, directly or indirectly, submitted his bid price or any breakdown thereof, nor the contents thereof, nor divulged information or data relative thereto, nor paid and will not pay fee in connection therewith to any corporation, partnership, company, association, organization, bid depository, nor to any member or agent thereof, nor to any individual, except such person or persons as have a partnership or other financial interest with said bidder in his general business. Signed:u. . t A Title: V ea- lov-47-4 z t�- Subscribed and sworn to before me this 12 day of 201-q- Notary public far Residing at:. My Commission Expires- AVLIO—sr -E'RANDEAU NOTARY STAII PARK STREET ROAD RECONSTRUCEJON- SUMMER2014 13 REV. 6/5/14 1. RIDD 'Name and Address): P.O. Box 308 Cottonwood. ID 83522 2. SURETY (Name and Address of.Princival Place of Business): i�iberty Mutual Insurance Com�aany 1001 4th Avenue, Suite 1700 Seattle W.A981.54...... 3. OWNER (Name and Address): City of McCall, Idaho, 216 E. Park Street, McCall, ID 83638 4. BID: Bid Due Date: June 24, 2014 Description (project name and location): Park Street Road Reconstruction - Summer 2014 5. BOND Bond Number: Bid Bond Date: June_J2_2DJA_ Penal Sum: Five Percent of Total Amount Bid 50/6 of Total Amount Bid (Words) (Amount) IN WITNESS WBEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the tenns printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. MENHEOMM Bidder's Narne and Corporate Seal By: Signature Print Larne Ti Attest: CUJ� Signature Title SURE FY Libeq_Mutual Insurance Com an .Leal) Surety's Narne and Corporate Sea] By: Signature RUM- VIT-FiNjOIN Attorney -in -Fact Title e Attest: Sl tur .-.,,Amy Farris, Witness Title PARK STREFT ROAD RECONSTRUMON- SWWR 2014 14 REV6/5/14 Note: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, OWNER or other party shall be considered plural where applicable. 1, Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to OWNER upon default of Bidder the penal sum set forth on the face of this Bond, 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any Performance and Payment Bonds required by the Bidding Documents, 3. This obligation shall be null and void if: 3.1. OWNER accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the executed Agreement required by the Bidding Documents and any Performance and Payment Bonds required by the Bidding Documents, or 3.2. All Bids are rejected by OVvrNER, or 33. OWNER fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extensionthereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof}, 4, Payment under this Bond will be clue and payable upon default by Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from OWNER, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by OWNER and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. 6, No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located, 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power or Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length, If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal P,WKSTREFFROkD KBCONSTRUCIIION- &UNINMR N114 2 REV. 6/5/14 �� S E U S E X C - 0 1 . * ��p ��" u i A T E , n u ��l u 4 ��M u �� C E R T I F I C A T E * L I A B I L I T Y I N S U R A N C E f Y Y Y Y J 7 1 2 3 1 2 0 1 4 " " , V J , r a a 1 9 : A L # J = I z I 1 # M J , u I L 0 1 + t " L e g g g 1 2 ; " q 1 g i i L i t & * 2 ��z x l g w i g a I I i t g i i i w i W 4 " t I I i f m - 1 I I - a . i m i R " c e r t i f i h o l d e r I s a n A D D I T I O N A L I N S U R E D , t h e p o l i c y ( f e s ) m u s t b e e n d o r s e d . i t S U O R O G A T I O N I S W A I V E D , s u b j e c t t o 1 I M P O R T ` . i c o n d i t i o n s > . . p o l i c y , " p o l i c i e s r e q u i r e a n e n d o r s e m e n t a s t a t e m e n t o n S d o e s + . n o t f&. . r i g h t s c e r t i f i c a t e h o l d e r o f s u c h e n d o r s " e n t ( s L . _ 4 N T A C T P R O D U C E R S p o k a n e t " I L " E . E . B r o a d " i ^ p o k a n e , W A 9 9 1 1 2 I N S U R E " g i * 9 G E A I D I f " 4 . t I N S U R E D _ I N S U R E R R , P a v i n g I N S U R E R C V a l l e y A s p h a l t P . O . S o x 6 7 I N S U R E R i C o t t o n w o o d , " ; I N S U R E R F : C O V E R A G E S . . a C E R T I F I C A T E � N U M B E R : r R E V I S I O N . . . N U M B E R : " " s " " : " - " �% T Y P E s " : 1 . . , ! . ! . r . " t t t t : t t t t t . I N N I X C O M M E R C I A L G E N E R A L L I A B I L I T Y C L A I M S - M A D E T O C C U R C P P 1 0 9 0 8 8 0 t f t t t t ' G E L A G G R E G A T E L I M I T A P P L I E S P E R : G E N E R A L A G G R E G A T E $ " 2 , 0 0 0 , 0 0 1 1 " * t t t t t t . I I �� I Q I I L I A B I L I T Y A N Y A U T O t ; t A U T O S A U T ? O S V I N E t t A L L O W N E D S C H E D U L E D s X N O N H I R E D A U T O $ A U T O S I X A U T O M O B I L E " . " P a E X C E S S L I A R �%' i ; ; t . t U M B R E L L A " P E T E N T . . C O M P E N S A T I O N w " A B I L I f H I M D E S C R I P T I O N O F O P E R A T I O N S s " " " 1 0 1 , d S c h e d u l e , m a y b e a t t a c h e d I t m o r e s p a c e I s r e q u i r e d ) R E . P a r k S t r e e t R e c o n s t r u c t i o n t ' C i t y o f M c C a l l I s I n c l u d e d a s a d d i t i o n a l I n s u r e d a s p e r a t t a c h e d f o r m . S H O U L D A N Y O F T H E A B O V E D E S C R I B E D P O L I C I E S R E C A N C E L L E D B E F O R E t M c C a l l T H E E X P I R A T I O N G A T E T H E R E N O T I C E W I L L B E D E L I V E R E D I N i A C C O R D A N C E N T H E P O L I C Y P R O V I S I O N S . 2 1 6 E a s t P a r k S t . M e C a l i , I l i 8 3 6 3 8 A U T H O R I Z E D R E P R E S E N T A T I V E : : w �� + . 0 1 9 8 8 - 2 0 1 4 A C O R D C O R P O R A T I O N , A l l r i g h t s r e s e r v e d . THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS" COMMERCIAL GENERAL LIABILITY BRCS ADENEDEND ORSETENT FL.M.1r.r Coverage. Begins on Page: 1. Employee Benefit Liability Coverage .... ... __ .......... .......... ___ ..... ............. ___ ...... 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.) .... _ .......... ......... ___ ........ ...... 7. 180 Day Coverage fbr Newly Formed or Acquired Organizations,_ _.. . ........................................10 8. Waiver of Subrogation ... _ ...................................... ............. .............. 9. Automatic Additional Insured - Specified Relationships . ....... • 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: ... ......... ........ • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence......... ..... _ ........ ___ ............. ...... alam��� The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Uabillity Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 OEM= • � • $500,000 unless otherwise stated $ 1 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 . 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 b Payroll (For Limits in Excess of (For Limits in Excess of C ' Gross Sales $5,000) $5,000) d Units e Either b. Care, Custody or Control 11..Property damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages. have used up the apli- limit of insurance 1. 1. Employee Benefit Liability Coverage in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or servioes, 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 insuran applies to cured, or of any other - damages only if the act, - s for ,Whose acts the in_ ror or omission, is negli- sured is legally liable, to gently committed in the which this insurance ap- "administration" of your "employee employee benefit pro - e plies. We Will have the right gram"; and and duty to defend the in- andagainst any "suit" 1) Occurs during the pol- seeldng 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 claim or "suit" on claim or "suit' that may re- or before the of sult. But: fecive 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 knoWedge of a INSURANCE; and claim or "suit" when any "author- ) Our right and duty to ized represents - defend ends when we ti "; Includes o • -• material of Insurance 07Office,permission. Page 1) Reports all, or formance of investment any pert, of the vehicles; or act, error or omission to us 3) Acl,&e given to any or any other person with respect to ensurer, that person's decision to parlrcipate or not to !I) 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 taws sion; and Any claim arising out of your b) There is no other failure to comply with the applicable insur- mandatory provisions of any an . workere compensation, un- employment compensation () Exclusions insuranoe, social security or This insuranoe does not apply disability benefits law or any similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in - Advertising Injury sured is liable because of li- 4d injurya, , " property ability imposed on a fiduci- ar by the Employee Re - ge"of personal and tirement Income Security advertising rtising Injury" Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or b Criminal or Malicious Act federal, state or any 1 limillar Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mall- Any claim for benefits to the cious act, error or omission, extent that such benefits are committed by any insured, available, with reasonable including the willful or reck- effort and cooperation of the less violation of any statute. insured, from the applicable (c) Failure to PerfbrTn a Con- funds accrued or other col - tract lectible insurance. Damages arising out of fair (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed () 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 ) Employment -Related any plan included in the PracticesEm "employ.ee benefit pro- gram". Any liability arising out of any. (e) Inadequacy of Perform- (1) Refusal to employ; ante of Investment T Ad- 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; matron, harassment, 2) Errors in providing in- humiliation, discrimina- fo ation on past tion or other employ - Includes copyrighted material of Insurance meni related practices, () A trust, you are an insured. acts or omissions; or Your trustees are also in- sureds, but only with re- (4) Consequential liability spect to their duties as trus- as a result of (1), (2) or tees. () above. (2) Each the following is also an This exclusion applies insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any Bather capacity and who is or was authorized to to any obligation to share administer your "employ.:. damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations "employees" the injury. or having proper temporary authoriza- (3) Supplementary Payments Lion to administer your "em- ployee benefit program" if SECTION I - COVERAGES, you die" but only until your SUPPLEMENT PAY- legal representative is ap- MENTS - COVERAGES A AND pointed. B also apply to this Coverage. (C) Your legal representative i b. Who is an Insured you die, but only with re - As respects Employee Benefit Liabil_ spect to duties as s ucK That representative will ity Coverage, SECTION If -WHO IS have all your rights and du- AN INSURED is deleted in its en- ties under this Coverage tirety ,and replaced by the following: Fart. (1) If you are designated in the Dec- (3) Any organization you newly - larations as: quire or form, other than a part - (a) An individual, you and your nerhip, joint venture or limited spouse are insureds, but only with respect to the con- liability company, and over which you maintain ownership or clue of a business of which majority interest, will qualify as a you are the sole owner. Named Insured if no other simi- lar insurance applies to that or- (b) A partnership or joint v - ganization. However, coverage ture, you are an insured. under this provision. Your members, your part- ners, and their spouses are (a) Is afforded ;only until the also insureds but only with 10th Clay after you acquire respect to the conduct of or form the organization or your businem the end of the policy period, whichever is earlier; and (c) A limited liability company, you are an insured. Your (b) Does not apply to any act, members are also insureds, error or emission that was but only with respect to the committed before you ac- conduct of your business. quired or formed the orgai- Your managers are in r- zation. eds, but only with respect to c. Limits of Insurance their duties as your mang- er. As respects Employee Benefit Liabil- (d) An organization other than a ity Coverage, SECTION III - LIMITS OF INSURANCE is deleted in its en - partnership, joint venture or tirety and replaced by the following: limited liability company, you are an insured. Your (1) The Limits of Insurance shown "executive officers" and di- in Section B. Limits of Insur- rectors are insureds, but an , 1. Employee Benefit Li - only with respect to their du- ability Coverage and the rules ties as your officers or dir - below fix the most we will pay tors. Your stockholders are regardless of the number of also insureds, but only with respect to their liability as (a) Insureds, stockholders. Includes copyrighted material of Insurance GA 233 02 07 cervices Office, Inc., with its permission. Page 4 of 15 *� # a • # ! # # # # # # ! Includes copyrighted material of Insurance GA 233 02 07 Ser\Aces Office, Ina, vAth its permission. Page 5 of 15 b. If a claim is made or "suit" is brought against any insured, you Immediately record the specifics of daim or date received;and Notify• practicable. You • it that we receive noticewritten of soon as practicable. c. You • any other involved insured Immediately- • us copiesof any demands, notices,• or -►. papers received in connection AuthorizeOr obtain records +t other information; Cooperate investi- gation or of or defense against and Aus,ssist uponour ,.q the enforcement of i organiza- tionbe liable to the insured because of • or omission to which this insur- anoe may also apply. «. No insured will, except in- sured's town cost,o r. obligation,or incur any expense withoutour «« (2) Item $. Other insurance is de- leted in its entirety and replaced by following: Other5. W-VIMIN«- . e _ t insured • • under• .•• °" our obligations -• as « • pri- mary except be . applies. primary,insuranoe is our obligations affected unless any of the other insurance is also will share With all that other insurance by method described below. Includeso. - of If any of - other «- does notper- mit contribution by equal contribute by Under•• each]nsurees share is based on « of applicable limit of •. to the totalap- plicable ... of This insurance shall • cover any loss for which the insured ..• to recovery under otherany force previous t« date of Coverage Part. e. Addolonal Definitions respectsAs s s Ll- a,bili Coverage,SECTION r A t-a as fol- lows: following - • .ew-s 1. "Administration" means: a. Prbviding Information to "employees!', their dependents and beneficiaries, speect to eligibility for or cop of "employee benefit programs"; b. Interpreting the "em- ployee benefit pro- grams"; . Handling records in connection with the "employee benefit pro- grams"; or car. Effecting, continuing or terminating any " play "s" participation in any benefit included benefits, workers' com- in the "employ bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, inducl- does not include: ing buy and sell pro- s. Handling payroll deduc- grams,. leave of ab- grams; programs, in- tions, or cluding military, mater- b. The failure to effect or nity, family, and evil maintain any insurance leave, tuition assis- or adequate limits of tance plans, trap rt- coverage of insurance, tion and health dub including but not limited subsidies. to unemployment in- (2) The following definitions are de- surance, social security leted in their entirety and rep benefits, workers' - placed by the following: pen tion and disability benefits. 21. "Suit' means a evil pro- "'cafeteria lane" means p in which money ceeding2. damages because of an act, plan authorized by appli _ error or omission to which ble law to allow "employ- this insurance applies are eee to elect to parr for r- alleged. "Suit°" includes: tain benefits with pre-tax dollars. a. An arbitration proceed- "Employ benefit pro- ing in which such dam•. ing ages are claimed and grams" means a program to which the insured providing some or all of the must submit or does following benefits to "em- submit with our con- ployees", whether provided sent; through a "cafeteria plan" or otherwise: b. Any other alternative a. Group life insurances a. dispute resolution pro - ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts, provided that no one c. An appeal of a evil pro - other than an "em- ceeding. ploy " 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 of those "employees" who absence or disabled, or re - satisfy the plan's eligi- tired. "Employ " includes bility requirements; a "leased worker". "Em- ployee" does not include a b.. Profit sharing plans,. "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose N - ownership plans., pen - Ards sion plans and stock SECTION I - COMMERCIAL GENERAL subscription plans, pro- LIABILITY CONDITIONS, 7. Rep en- vided that no one other "employee" tations is hereby amended by the addi- than an tion of the following. may subscribe to such benefits and such Based on our dependence upon your rep - benefits are made gen- resentations as to existing hazards, if un- erally available to all intentionally you should fail to disclose all "employees" who are such hazards at the inception date of your eligible under the plan policy, we will not reject coverage under for such benefits; this Coverage Part based solely on such c. Unemployment incur- failure. an , social security . Damage to Premises Rented to You f) Nesting or infe a. The last Subparagraph of Paragraph Lion, discharge car rere lease of . SECTION I - COVERAGES, wash products nr- COVERAGE A. - BODILY INJURY secretions, by in- © PROPERTY DAMAGE, 2. LI. ANDsects, birds, ro- ILITY Exclusions is hereby de- dents or other leted and replaced by the following. animals. Exclusions c. through q. do not apply (b) Loss caused directly or indi_ to =damage by fire, eaalosion, light- redly by any of the follow- ning, smoke or soot to premises in gw while rented to you or temporarily oc- cupied by you with permission of the 1) Earthquake, volcanic owner. eruption,landslide or b. The insurance provided under SEC- any other earth move- ment; TION I • COVE GES, COVERAGE A. BODILY INJURY AND PROP- 2) Water that backs up or ERTY DAMAGE LIABILITY applies overflows from a sewer, to "property damage*' arising out of drain or sump; water damage to premises that are both rented to and occupied by you. ) Water under the ground surface pressing on, or (1) As respects Water Damage Le- flowing or seeping gal Liability, as provided in through: Paragraph 3.b. above: �) floors The exclusions under SECTION walls, or I -COVERAGES,COVERAGE paved surfaces; A. BODILY INJURY AND PROPERTY DAMAGE Li IL- b) Basements,: ITY„ 2. Exclusions, other than I. whether paved or War and the Nuclear Energy not; or Liability Exclusion, are deleted c) Doors, windows or and the following are added: other openings. This insurance does not apply (c) Loss a by or resulting to: from -water that leaks or (a) 'Property damage": flows from plumbing, heat- ing, air conditioning, or fire 1) Assumed in any con- protection systems caused tract; or by or resulting from fre - - 2) Loss caused by or re- in , unless: sulting from any of the 1) You did your best to following: maintain heat in the a) Wear and tear; building or structure; or 2) You drained the b Rust, corrosion, equipment and shut off fungus, decay, de- the water supply if the terioration, hidden heat was not main - or latent defect or tained. any quality in property that (d) Loss to or damage to - causes it to dam- age or destroy it- 1) Plumbing, heating, air self; conditioning, fire pro- tection systems, or c) Smog; rather equipment or ap- d) Mechanical break plianc or down including 2) The interior of any rupture or bursting building or structure, or caused by n_ to personal property in trifugal force; the building or structure e Sevin cracking, ) g= g, caused by or resulting from rain, snow, sleet shrinking or ear- or ice, whether driven pansion; or by wind or not. includes copyrighted 07permission. '.s Of 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 "prop- erty damage" to premises while rented to you or tem- porarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance applies, (3) The amount we will pay is ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. a. Paragraph 2. is replaced by the fol- lowing: 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 "suiC, 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. Voluntary Property Damage and CarM_ Custody or Control Liability Cove a. Voluntary Property Damage Co erage �1 ,11e wil I pay for 'I`property damage" tv property of others arising out of op- erations incidental to the insureds business when- (1) Damage is caused by the III sured; or I (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 Prop- erty, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein, 494 trio 01111, " TWIL Ine V lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the 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 Proper% Dam- age and Care, Custody or ontrol 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 "suite brought; or (3) Persons or organizations mal4ng claims or bringing "suits". 5. Medical Payments b. Deductible Clause ThenTiedical Expense Limit of Any One (1) Our obligation to pay damages Person as stated in the Declarations is on your behalf applies only to ?mended to the limit shown in Section B. the amount of damages for each "occurrence" which are in ex - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc, with its permission. Page 9 of 15 �� e " � i i ' . " ` i i s " i " i " i t i ^ i i i " ' i i M � " " " i i i " . " , . i i i i r " , i i i " i ` " " 1 1 ! " " ' " i . i ` i " �� ^ n �� �� # " ! ! ` i " i a i i " ' i r t b ' " " " b �� i " i ' r l i i i - M i i �� " : i ' i ' i ` " a r f r " r t r t i M ' . . i i i i i " i ' " " i b . " ' f , . i i ' i i i i ' r t ' i i i " i i " ' . i i i i . b b i i I n c l u d e s i i i ' i m a t e r i a l o f I n s u r a n o e half of Such additional solely for the pur- insured. pose of inspection, (b) Any person or organization demonstration, testing, or the from which you lease substitution of equipment with whom you parts under in - have agreed per Paragraph structions from the 9.a.(1) above to provide in- manufacturer, and suranoe. Suchperson(s) or then repackaged organization(s) are insureds in the original con - solely with respect to their tainer; liability arising out of the maintenance, operation or e) Any failure to use by you of equipment make such inspec- leased to you by such - tions, adjustments, son(s) or organizati (s). tests or servicing However, this insurance as the vendor has does not apply to any "oc- agreed to make or Curren " which takes place normally under - after the equipment lease takes to make in expires. the usual course (c) Any personor organizationof business, in connection coon with (referred to below as v - t or the distrthe dor) with whom y have sale of the prod - p agreed agreed per Paragraph aboveto provide in- suranoe, but only with re- f) Demonstration, in- spect to "bodily injury" or stallation, rvic- "property damage" arising ing or repair op - out of "your products" which erations, except are distributed or sold in the such operations regular course of the v - performed at the dor's business, subject to vendor's premises the following additional ex- in connection with elusions: the sale of the 1) The insurance afforded product; the vendor does not ) Products which, apply to: after distribution or a) "Bodily injury" or sale by y , ha been labeled or re - "property damage" labeled or u d as for which the v - a container, dor is obligated topart ingredient of any y pay damages by other thing sub - reason of the as- stance by or for sumption of liabil- the vendor, ity in a contract or agreement. This 2) This insurance does exclusion does not not apply to any in - apply to liability for sured person or organi- damages that the nation: vendor would have in the absence of a) From whom you the contract or have aouired agreement; such products, or any ingredient, b) Any express war- part or container, ranty unauthorized entering into, ac- by you; companying or c) Any physical or containing such products; or chemical change in the product b) When liability in - made intentionally cluded within the by the vendor -, "products -completed opera - bons hazard" has unless unpacked Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 1 been excluded (f) Any person or organization under this Cover- with which you have ,agreed age Part with re- per Paragraph 9.a.(1) above sped to such to provide insurance, but products. only with respect to liability d An state or political ubcii- () y p arising out of ""your work" performed for that additional vision with which you have insured by you or on your agreed per Paragraph behalf. A person or orani- 9.a.(1) above to provide in- zation°s status as an insured surance, subject to the fol- under this provision of this lowing additional provision: endorsement continues for This insurance applies only only the period of time re - with respect to the fallowing quired by the written oon- hazards for which the state tract or agreement" but in no or political subdivision has event beyond the expiration issued a permit in con date of this Coverage Part. tion with premises you own, If there is no \witten contract rent or control and to which or agreement, or if no pe- this insurance applies: riod of time is required by the written contract or 1) The existence, mainte- agreement, a person or or- nance, repair, ntru- ganizati "s status as an in- tion, erection, or re- sured under this endorse- moval of advertising ment ends when your op - signs, awnings, no- erations for that insured are pies, cellar entrances, completed. coal holes, driveways, manholes,. marquees, (3) Any insuranceprovided to an hoist away openings, additional insured designated under Paragraph 9.a.(2): sidewalk vaults, street banners, or decorations (a) subparagraphs (e) and (f) and similar exposures; does not apply to "bodily in - or jury," or "property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucds-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 "property elevators covered by'bodily injury", "personal this insurance. damage" or and advertising injury arising (e) Any state or political subdi- out of the sole negligence or vision with which you have willful misconduct of the ad - agreed per Paragraph ditional insured or their .aia(I) 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 iryury", 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. issued by or on behalf 2) this insurance does of the additional in - not apply to "bodily in- sured, or jury", "property dam- age" or "personal and 2) The rendering of, or advertising injury" aris- failure to render, any professional archi - ing out of operations performed for the state aural, engineering or or political subdivision. or surveying services, in - Includeso ! '"• material of GA 233 02 07 Services Office,permission. Page • of a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, field in SECTION IV - COMMERCIAL GEN- surveys, or- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. and specifications; Other (nsurance, b. and Excess Insurance; or b) Supervisory, in- 2) For any other valid and spection, architec- collectible insurance tural or engineer- available to the addi- ing activities. do insured as an additional insured by 3) "Your work" for which a attachment of an en - consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorsement in which you are in- shall also be excess. volved. (2) Condition 11. Conformance to b. Only with regard to insurance pro- Specific Written Contract or vided to an additional insured desig- Agreement is hereby added: nated under Paragraph 9.a.(2 Sub- paragraph above, L III - ISURANCE 11. Confoance to Specific rm LIMITS OFTNis amended Written Contract or to include: Agreement The limits applicable to the additional With respect to additional insured are those specified in the insureds described in Para - written contract or agreement or in graph 9.a.(2)(f) above only - the Declarations of this Coverage If a written contract or Part, whichever are less. If no limits agreement between you are specified in the written contract or and the additional insured agreement, or if there is no written specifies that coverage for contract or agreement, the limits ap- the additional insured: plicable to the additional insured are those specified in the Declarations of a. Be provided by the In - this Coverage Part. The limits of in- surance Services Office surance are inclusive of and not in additional insured form addition to the limits of insurance number CG 20 10 or shown in the Declarations. CG 20 37 (where edi- c. SECTION IV - COMMERCIAL GEN- tion specified); or ERAL LIABILITY CONDITIONS is b. Include coverage for hereby amended as follows: completed operations; (1) Condition 5. Other Insurance is or amended to include: c. Include coverage for (a) Where required by a vvTiften your work"; contract or agreement, this and where the limits or cov- insurance is primary and / erage provided to the addi- or noncontributory as re- tional insured is more re- spects any other insurance strictive than was specifi- policy issued to the addi- rally required in that written do insured, and such contract or agreement, the other insurance policy shall terms of Paragraphs be excess and / or nonoon- 9.a.(3)(a), 9.a.(3)(b) or 9.b. tributing, whichever applies, above, or any combination with this insurance. thereof, shall be interpreted (b) Any insurance provided by as providing the limits or coverage required by the this endorsement shall be terms of the written contract Includes copyrighted material of Insurance GA 233 02 07 Ser\Aces Office, Ina, with its permission. Page 14 of 15 © names and addresses any ured persons and w nesses;and The nature and location .a— ry or damage arising out the "occurrence" or offense. I