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HomeMy WebLinkAboutWheeler Electric (BHS rewire) May 2016-Aug 16Aprll26,2016 Bonneville School District No. 93 3947 North Ammon Rd. Idaho Falls. ID 83401 RE: Bonneville School District No. 93 Bonneville High School Networking Upgrades Mary, We have enclosed the following documents for this project: o The signed contract agreement o Our Insurance certificate & endorsements o And the Payment and Performance bond(s) Once the contract has been fully executed, please retum it to my attention. Ifyou have any questions or need additional information, please feel free to contact me or Shane Monson, Project Manager. Sincerely, E-mail : j ennif-erm@wheelerelectric.com P.o. Box 2173.lDAHo FALLS, |D.83403 "PH208-522-1906. FAx 208.522-5927 www.wheelerelectric.com An equal employment oppoftunity employer Jennifer Moulton Controller FORM OF CONTRACT AGREEMENT THiS AGREEMENT,made and entered into this 13th day of Ap∥l ,2046,by and between Wheeler Electric. lnc. ldaho Fa∥ tv. It is further expressly agreed that the CONTRACTOR shall procure, maintaan and pay for adequate public liability insurance and adequate workmen's compensation insurance as provided for in the General Conditions, the documents evidencing said insurance to be approved by and filed with the SCHOOL DISTRICT, but without any liability thereof. This shall be done before the performance of this Contract is commenced by the said CONTRACTOR. v. The CONTRACTOR agrees that he will execute this Contract with the Bonneville School District No. 93 and will further deliver to the Bonneville School Distract No. 93, security for faithful performance of the Contract in the full amount of the Contract amount and security for the protection of persons supplying labor or materials for the Contract in the full amount of the Contract amount within ten (10) days after receipt of notilication of acceptance of his Proposal. The contract must be submitted with the completed performance and payment bond information as set forth in the forms of "Performance Bond" and "Payment Bond" in these documents and accompanied by a certified Check or Cashier's Check drawn on a bank in good standing; Performance Bond and Payment Bond issued by a Surety authorized to issue such bonds in the State of ldaho; as defined under ldaho Code Section 54-1901(h), payable to the Bonneville School District No. 93. vt. The OWNER agrees to pay to the CONTRACTOR for the performance of said Contract a total Contract price of Two hundred twentv thousand Dollars ($229-899j for the work identified in the BASE PROPOSAL. Progress payments shall represent ninety percent (90%) of the actual value of the work done and materials and equipment furnished and/or suitably stored at lhe job site or other approved locations uptothe last day of each payment period. The actual value of the work done shall be determined by the number of units of work completed as specified and defined in the Contract Documents and the value of each unit of work as specified in the School District Contract Documents. ln making such partial (monthly) payments there shall be retained five percent (5%) on each payment amount until final completion and acceptance of all work covered by the Contract. The CONTRACTOR shall not withhold from a subcontractor or supplier more than the percentage withheld from a payment certificate for the subcontractor's or supplier's portion of the work. vil. The GoNTRACTOR further agrees to give preference to the employment of bona fide ldaho residents and residents of the School District in the performance of the work covered by the Agreement and will be required to pay the minimum wage Bonneville School District No. 93 Bonneville High School Networking Upgrades cOntract Agreement CA-2 February 2016 vlll. Pursuant to the provisions of Section 63-1503 of the ldaho Code, the CONTRACTOR, in consideration of securing the business of erecting or constructing public works in the State of ldaho, recognizing that the business in which the CONTRACTOR is engaged is of a transilory character, and that in the pursuit thereof, the CONTRACTOR'S property used therein may be without the State of ldaho when taxes, excises, or license fees to which the CONTRACTOR is liable become payable, agrees: a. To pay promptly when due all taxes (other than on real property), excise and license fees due to the State of ldaho, its subdivisions, and municipal and quasi-municipal corporations therein, accrued and accruing during the term of this Conhact, whether or not the same shall be payable at the end of such term. b. That if the said taxes, excises and license fees are not payable at the end of said term, but liability for the payment thereof exists, even though the same constitute liens upon his property, to secure the same to the satisfaction of the respective officers charged with the collection thereof; c. That, in the event of the CONTRACTOR'S default in the payment or securing of such taxes, excises and license fees, to consent that the OWNER may withhold from any payment due the CONTMCTOR under the contract the estimated amount of such accrued and accruing taxes, excises and license fees for the benefit of all taxing units to which said CONTRACTOR is liable. d. That pursuant to the provisions of Section 63-1504 of the ldaho Code, the CONTMCTOR shall furnish the OWNER evidence that the CONTRACTOR has paid all taxes, excises and license fees due to the State of ldaho and its taxing units, due and payable during the term of the Contract for such construction, and that the CONTRACTOR has secured all such taxes, excises and license fees liability for the payment of which has accrued during the term of such Contract, notwithstanding that they may not yet be due or Payable. tx. The CONTRACTOR agrees to indemnify, save harmless, and make whole, the Bonneville School Diskict No. 93 from any and all defects appearing or developing in the workmanship or materials performed or furnished under this Contract for a period of one (1) year afrer the acceptance thereof by the Bonneville School District No. 93. This indemnification and hold harmless clause shall not be construed to relieve the CONTRACTOR from performing all work and furnishing all materials and equipment in accordance with the specifications contained in the Contract Documents. Neither shall it be construed to limit in any way the right of the Bonneville School District No. 93 to bring an action against the Contract or for breach of contract within the time permitted by law for any w-orkmanship, materials and/or equipment that does not meet specifications contained in the contract documents. lN WTNESS WHEREOF, the said parties have caused these presents to be executed in triplicate the day and year first above written Bonnevlle SchoOI DistlCI No 93 Bonnevl e H19h Sch001 Ne"Ю 「king upgrades Contract Agreement CA-3 February 2016 the Board of Trustees Chairman of the Board of Trustees (Tlle) イιマj/」 END OF CONTRACT AGREEMENT BonneV∥e School Distnd No 93 8onneVlle High SChooI NelwOrking Upgrades February 2016 Bonneville (Address) ―スCORが CER丁 :FiCATE OF L:ABILiTY INSURANCE DATE(MWDD― Policy Number OTCo3G58077A COMMERCIAL GENERAL LIABILITY THiS ENDORSEMENT CHANGES THE POLiCY.PLEASE READ「CAREFULLY BLANKET ADDIT:ONAL:NSURED (coNTRACTORS) This endorsement modlfies inst'rance prowed under lhe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART l. WHO lS AN ll\,lSURED - (Ssction ll) 16 Emended to includs any parson or organizalion that you agrEe in a'written contracl roquiring insurance' to lnclude as an addilional insured on this Cover- ag6 Part, but: .) Only wtth respec{ to liablllty br 'bodily inlurf, 'pmperty damage' or'porsonal iniury': and bl lf, and only to the sxlent that, the iniury or damag6 ls caus€d by acls or omissions of you of your subcontsaclor ln th6 performance ot 'your y,/ork' to whlch the 1^.ritten contraci roqulring lnsuranco' appllos The person or organization do€s not qualify as an additional insured with resp€ct to ths independent acts or omls3ions of stlch F,enion or organization. 2. Ths insurance provided to ths additional insured by this endors€ment is limited as follows: a) ln tho ev€nt that the Llmits ot lnsurancs ol this Coverage Part s5otvn in lhe D€cJarations ex@od th€ limits of liability requtred by th6 1^,Iitlen contracl rEquinng insurance', th6 in- suranco provided to th6 additional insured shall b€ llmited to tho limits of liability re- qulred by that "wdnen contraci raquiring in- suranca'. This endorsement shall not in- cr9ase the llmits of insurance describod in Section lll - Limits Of lnsuranca. b) The lnsurance providod to the additional ln- sured do€s not apply to 'bodily injury', 'proF ert" damags' or 'personal lnjury" arising out of the rendering of, or failure to rend6r, any pDfssslonal srdllteclural, 6nglnesring or 6ur- voying servicss, induding: l. Tho praparhg, approvirE, or falling to prepare or approw. maps. sfiop drar& ings, oEinlons, reports, surveys, fiold ot- d8rs or changs oderE. or the preparing, approving. or failing to prepare or atr. prove, drawings aM sp6cifications; and Il. Suporvisory, inspection, architecfural or €ngineering activities. c) The insurance providd to ths additional irF sured do€s not appty to .bodity lniuqf or'property damago' c€ussd by .your umrk' and inciuded in fre 'produc{s-coflipletod oF eratons hazard'unless the Vritten contraci Gquiring insurance. sp€cflically tequhBs ,ulto provide sucfi covereg€ tor that additional insur€d, and then the insuranct provided to the addltional insured applbs only to sudt 'bodlly injunf or "propelty damage. that oo_ aJrs bsbro the end of the period of time forriiich th€ Vritt6n contracl requiring lnsur_ anco' rBquirBs you to provide such coverage or th€ end o, the pollcy period, whiche\rerls eaiier. The lnsuranc€ provided to the additional insjrBd by thls sndorsement is excess over any valid and collectible'other insurance", wheth* primary, €xcsas, contingonl or on any dher basis. that is available to the additional insured for a loss tf,€ cover under this €ndors€m€nt. Howwer, if thsl^,rittsn contract requiring insurance" spocificafy requiras that thls insurancs apply on a primary basis or E primary and non-contflbulory basii,this insurance is primsry to "other insurance; availabl8 lo tho additionat insurEd whicfi covers thal person or organizati{xt as a named insured for sudt loss, and we will not sharB with that 'oth€r insuranc€'. But the insurdnca provided to the additbnal insur€d by thls endorsorn6nt stilt as oxoess over any valid and colloclible .other in- suraoce'. whether pdmgry, gxcoss, contingsnl or on any other basis, that is availabl€ to fil€ addi- tional insured wheo Slat p€rson or orlEnization lsan additional tnsured under such .bthor imur- anca'. As a condition of coverage plovided to tl€ additional lnsured by this €ndorsement: a) The eddltlonal lnsured must give us wrinen notlca as soon ss practicable of an .ocarr- rence'or an offenso which may result in aclaim. To lh6 extont possibls, sucfi ndic6 should include: 00MMERC:AL GENERAL L:ABILITY l. Ho\r, when and Mrsr€ tho 'occurrEnca' or offense took plgcs: ll. The namcs and eddr€ssos of any injursd psrsons and wihessos; ard lll. Thc naturB and locatlofl of any lniury or dsmagie arlsing out of the 'occurrencs' or olYense. lf a 'Jalm is made or 'suif is brought agalnst th6 addition€l insurBd, the edditional insurod must: l. lmmediately iEcord th€ sp€ofcs ol tho dalm or "suit' alld the dale r6csiv€d: and ll. Notry us a€ s@n as practicabls. Th6 addifronal insurEd must s6€ to il that w6 tec6ive writlen ndico of the claim or 'sull' as soon as praclicabl€. Tho additional insurBd must imm€dlatoly send us cotri€s of all legal papers receiv6d in connection wlth th€ claim or 'suif, cooporats wilfi us in th6 lnveGtigation or setll€ment of tho claim fi delcnse against the 'suif, and otherwis€ comply sdlh all policy condltons. Ths additonal insurad must lender the de- fsn6e and indemnlty of any doim or 'suif to any providBr of 'othor insurance' whlctr wouts cover lhe additional insured tor a lo€s w9 covar under this €ndoraement. Howevgr, this condition does nol attecl whether thB insur- ancs provided to lhe additional insured by this endorsament is primary to 'olher insur- ance' availabls to the additonal lnsured which covers that person or organization as a named insuied as describsd in paragraph 3. above, The bllowlng definition is added to SECTION V. - DEFINITIONS: .lrvritten contrad requiling insurance' maans that part of any written contract or agreernent under whicfr you are roquired to indude a p€Isofl or organization as sn additional ln- sured ofl this Coverage Part, providod that the 'bodily inju4a and 'properly damage" oc- curs and the 'personal iniuql is c6used by an of{6nse committsd: a. Afier tha slgnlng and oxedrtion of ths contract or agrB€ment by youi b. Whll6 ihal parl of th6 contraci or agroemant is in effecil: and c. Boiors ihe end of th€ policy penod. b) 0) d) Page 2 ol2 O 2005 Tho St. Paul Travelers Companies, lnc,CG D246 00 05 5. Policy Number DT81 03G58077A 几 BROAD FORM NAMED:NSURED B. BLANKET ADD:T:ONAL:NSURED C EMPLOVEE H:RED AUTO D. EMPLOYEES ASiNSuRED E. SuPPLEMENTARY PAYMENIS―:NCREASED LIMiTS F HIRED AUTO―LIMITED WORLttDE COV‐ERAGE―lNDEMNITY BASiS C. WA:VER OF DEDuCT:BLE―CLASS PROⅥSiONS A BROAD FORM NAMED,NSuRED The fo∥oⅧng,s added tO Paragraph A l,Who:s An lnsured,Or SEC￢ON∥―CovERED AuTOS L:AB:LiTY COVERAGE: Any Organlzati●n you netty acquire or forln dur_ ing tte po∥cy po百 od ovo「 which ソou maintain 50% o「mofo ownOrship interest and that is not separatelン insured fo「 Business Auto Coverage Coverage underthis provision is afforded only un・ t∥the 180th day aner yOu acquire o「forrn the o「・ ganization or the end of the poncy penOd,whi齢 ever ls earlI●「 B. BLANKET ADDil円 ONAL INSuRED The fo∥oMng ls added to Pamgraph c lnヽ 1., Who R An!nsured.or SECT!ON∥―COVERED AUTOS LIAB:LITY COVERACE: Any perstln or organizatiOn who is required under a mtten contract or agreement bet"een you and that porson or organization, that ls siOned and executed by you beFore the ・bod∥y inlury・ oriprOpeny damage・ o∝urs and that is in effed dudng the po∥cy period,to be named as an addト tional insured is an ・insured・ fo「Covered Autos Liabilty Coverage,but only『o「damages to which THIS ENDORSEMENT CHANGES THE POL:CY PLEASE READiT CAREFULLY. BUSiNESS AUTO EXTENS10N ENDORSEMENT This endorsement modlnes insurance pmvided undertho fo∥o嘲 ng: BuSINESS AUTO COVERAGE FORM R譜 1錦 懸晋硼留星ぼ闘翼ⅧLlヽ 1路 昭認l麗 電 ':;縦 祠 D. COMMERCIAL AUT0 permisdon, tvhlle performing dutles related to the condud of your busi- ness. However, any '8uto' thsl is leased, hlrcd, rented or bonov'ed with a ddver is not 8 mverd 'aulo'. EMPLOYEES A3 IMIUREO Tho follotving is added to Psrsgrsph A.1., Urho ls An lnssrBd, of SECTION ll - COVERED AUTOS UABILITY COVERAoE: Any'empioyee" of yours is en 'insutad" while u9 ing I covered '6uto'you don't orvn, hire 0r bonow in your business or your personal gffairs. SUPPLEMENTARY PAYIIIENTS - INCf, EASED UMITS L The folloflirE replsces Peragraptr 4.2.a,(2), of sEcnotil - covEREo AUTos LIABIL- ITYCOVERAGE: (21 Up 10 $,q)0 for cost of bsll bonds (in- cludirE bonds for related tramc law viola- tions) required because of an'accident' u,e cover. wa do not h8ve to fumish these bonds. 2. The following replaces Paragraph 4.2.a.(4), OfSECTION II - COVERED AUTOS LlAAlL. ITY COVERAGE: (4) All reasonabl€ Bxpons€s lncuflEd by the "insured'at our rBquosl, induding aclual loss ot eamings up to $500 e day bs. cause of time otl from uort. HIRED AUTO - LIMITED WORLI'IA'IDE COV- ERAGE - INDEMN]TY BASIS Tho following replaces Subparsgr8ph (5) h Pare. graph 8.7., Policy Period, Covorag€ f€rritory, of sEcTtoN tv - BuStNEss AUTo coNDr- TIONS: (5) Anywhere ln the world,6xced any country or ,iurisdiclion while any trade sanclion, em- bargo, or similar Ggulation imposed by the United States of America applies to and p{D- hibhs the trsflsactlon ot businsss with or vrilhin $rcJr country or jurisdidion, for Cov. ored Auto6 Liability Coverage for any covered 'auto' th8t you lease, hira, rent or borrow vrithoul a driver for a period oi 30 days or less and that is not an'auto" you lease, hire, rent or bonow from any of your 'employees', partners (if you are a psrtnershlp), members (it you ar€ a llmlted llabilily company) or members of their households. (a) Wlth respecl lo sny daim made or "suil' brought outside lhe United States of Americ€, th€ terrilories and poss€sslons ol the Unil€d Stalss of Amorica, Pue(o Rico and C8nada: (i) You musl anange lo defend the 'lr}. sured' against, snd invesiigsle or s6t- tle any such claim or'suit'and keep us edvisd o, all proceedings and ac- tions. (iil Neilher you nor any other involv€d 'insur€d' will make any settlement without our consent. (iii) We may. at our discr€tion, participate in defending the "insured' against, or in the s€ltlement of, any claim or 'suit'. (ivl We wlll relmburse lhe 'insured' tor sums that lh€ "insured' legally musl pay as damages becsuse of'bodlly injury' or 'properly damage'lo M]ich this insurance apdi8s, lhat the'ln- sured' pays with our consent, but only up to lhe limit described in Pa€- graph C., Limits Of lnsurance, of SECTION II - COVERED AUTOS LIABILITY COVERAGE. (v) We will reimbursa the'insured" for the re6onable gxpens€s lncured $dth our consent for your investiga- lion of such claims and your defense of the "insurEd' againsl Eny srch 'suit", but only up to and included within ths limit described in Par+ graph C., Limits O, lnsursnce. of SECTION II - COVERED AUTOS LIABILITY COVERAGE, and not in Eddilion to such limil. Our duty to make such payments ends when Y,E have us€d up the applicsble limit of insurance in paymer s for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible olher insurance available to the 'insured' whether primary, excess, conlingent or on any other ba9s. (c) This lnsurdnce ls not a subslttute lor l€- quired or compulsory lnsurance in any country outside lhe Uniled StalBs, fts 16r- ritories and possessions, Puerto Rico and Canada, You egree to malnlain 8ll required or compulsory insuranc€ in any such coun- try up to the minimum iimiG rBquired by local law. Your feilure to comply rryith compulsory insurance requiEmsnts will not invalidste the coverage afforded by this pollcy, but we rdll only be llaue to the same extent we r.rould have be6n liable had you complied with lhe comFrlsory in- suranc€ lsquirements. (d) lt is understod thst \,r,e are not an admit- ted or aulhorized insurer outside the Unitod Stetss of America, its leritories and @ssassions, Puerto Rico and Can. ada. We Essume no responsibilily for lh€ fumishing of cerlificates of insurance, or for compliance ln any rysy with lhe leu,s of other countnes relating to insurance. G. WAIVER OF DEDUCNBLE - GLASiS The foliowing is added to Paragraph D., Deductl- bI€, o' SECTION III - PHYSICAL DAMAGE COVERAGE: No dedudlble for I covered 'auto' will 8pply to glass damaEe if the glass is repsired rather thsn replaced. H, HIRED AUTO P}M'ICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The tollowing replsces ths la$ sentence ot Para- graph A.4.b., Loss Ot Use Erp€nses, of SEC- TION III- PHYSICAL DAMAGE COVEMGE: However, the most lye will pay for any expenses for loss of use is $65 per day, to a rnaxlmum of $750 for any one 'accidenl'. I. PTIT€ICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The tollovring replaces the flrst ser(ence in Para. grdph A.4.a.. Transponation Erpenses, of SECTION III . PH\ISICAL DAMAGE COVER. AGE: We will pay up to S50 per day to a maximum of S1,500 for temporsry transponation expeose in- cuned by you because of the total theft of a cov- ered "auto" of lhe privale passcnger typ€. J. PERSONAL PROPERW The foliowing is added to Paragraph A"4., Cover- age E-rtensions, of SECTION lll - PHYSICAL DAMAGE COVEMGE; PGrSonrl Propcrty We will pay up to $400 tor 'loss' to vEaring atr' par8l and other p€.sonsl propeny which is: (l) Oured by an'lnsured'i 8nd COMMERCIAL AUTO (2) ln or on your covered .auto.. Thls coversge applies only in the event of I total ihen of your coverd 'auto'. tlo deducllbles apply lo this personal pmperty c,overage. AIRBAGS The fo[ovring ls added to Paragraph 8.3,, Exclu- sions, of SECTION llt - PHYSTCAL DAMAGE COVERAGE: Exclusion 3.a do€s not @ply to 'loss. to one or more airbags in I covereo 'auto. you offi that in- flate due to e c€use olher than a causs of ,loss, s€t forth in Psrdgraphs A.l.b. and A.,t.c., but only: a, If that '8uto' ls 8 covered .auto' for Compre- hsnslve Coverage under this poticy; b. The alrbags arE not covered under eny war- rsnty; and c. The alrbagE rvere not irten onsly inftated. We r{ll p-sy up to a maxlmum of S1,OOO for anyone'loss'. NOTICE AND KNOWLEOGE OF ACCIOENT OR L09S lle 1gllglyino is add6d to p8r8gr8pfi A2.a., ofsEcTtoN tv - BUSTNESS AUT6 COnOtttotts: Your duty to give us or our authorized rBpfesenta- tive prompl notice of the .accident. or,loss" applies only wh€n the 'accident" or.loss" is known to: (a) You 0f you arE an individuaDi (bl A partner (if you are s partnership); (c) A member (f you are a ltmited tiability corn- panv); (d) An executive ofricer. direclor or insurance manager (if you aro I corporation or olher or_ganization): or (6) Any 'employee. authorized by you to give no- tice of the "accider . or.l0ls.. BI-ANKET WAIVER OF SUBROGATION Th€ follo'/ving r€places psrsgraph A.S., Transf8r Of !LS!q Of Recovery Agatnsr Ot rors To Us,o, SECTION lV - BUSI{ESS AUTO CONDT- TIONS: 5. Transler Of Rlghts Ot Recovery Aglinst OtheE To Us We wsive any right ol recovery rE may havo Egainsl any p€rson or organizalion to the 6x-tenl roquired of you by 8 $,ritten corflract sigred End executed prior to any .accid€r , or'loss', provided thai the .accirenf or.loss. arises oul of operations contemdated by COiIMERCIAL AUTO srch mntract. The watuer epplies only to lhe person or onoanizallon designated in such conlract. N, UNIIIITENflONAL ERRORS OR OMISSIONS The folloMng ls added to Paragrsph B.2., Con- c€ahlsnt, MigtepraSontation, or Freud, of sEcTtoN tv - BUStNESS AUTO COlrtOlTlONS: The unlntentionsl omlsslon of, or unlntentional enor in, any lnformatlon given by you shsil not prejudice your rights under this insurance. Ho'41 ever thls provision does not affect our rioht to col- lecl addltional pr€mium or exerclse our rlght of c€ncellation or non-renewal. G 2Oi 5 fhr Tr.v6k'l hdemnlty Cornpany A[ rlgt|t6 ras€ned. lnafudtF copyignt.d m.tdld ol lnsJrarcc Sdrl€rt Oftlce, lnc w(h ttE p.rmtsidt Page 4 of 4 CA T3 53 0215 by any ordinanca, la\,v or building code to include as an additlonal in8ured on thrs Cowrage Parl is an insured, but ont/ with resped to liatrilrty br 'trodiry inju#. "pr@erty damage", 'perEonal ir}. juqy'' or "advertising rnjuty'' arising out ol such op- eialions. The insurancs provided to such slato or political subdMsion does not apply to a. Any'bodily iniury," "pmperty damage.'"per- sonal rnjury" or "advertising lnjury" arising out of operations periormed for that state or po- litical subdivhion; or b. Any "bodily injun/' or "property damage" in- sluded in the "producls-clmpl€ted operations hsz6rd". KNOWLEDGE AND NONCE OF OCCUR. RENCE OR OFFENSE The following is added to Paragraph 2.. Outles ln The Event of Occulrtnce, Offonse, Clalm or Sult. ot SECTION Iv - COMMERCIAL GEit. ERAL LIABILITY CONDITIONS: e. Th6 follo\'ving provisions apply to PaEgraph a. above. bul only for the punos€s ot the in- surance provided under lhis Coverage Part to you or any insured listed jn PaEgraph '1, or 2. of S€ction ll - vvho Is An lnsured: (l) Noticc to us of such "ocornrnca" or of- fensE musl b€ given as soon as praclba- blo only alter the "occurTence" or offense B known by you (if you are an individual), any ol your parlners or members who is an indivrdual (il you are a pannership or ioint r/€nlurc), any of your manageG wtto is an individual (if you are a limited tiability comp8ny), any ol your "exoculiv€ offi- cers' or drrectors (if you are an organiza- tion other than a partnership, joint venture or limted liabilily company) or any "em- ployes" aulhorlzed by ycu to give noflc€ of an "occunence'r or offens€ (2, It you ars a pBrtneBhip, joint venture or Iimited liability company, and none of your panners, lolnt venture members or man- ag€rs are individuals, notice to us of such ''occurence" or offense must b€ given as soon as practicable only afler the "occur- rence" or offense E known by: (a) Any individual ,r/ho is: (i) A psrtner or msmber of any parl- nership or joinl venture; COMMERCIAL GENERAL LIABILITY (lU A managEr of any llmited liabiltty company or (ili) An execL'tive oficer or diredor o{ any oth€r organizatioo: thal is your parlner, joint venture mambar or managen or (b) Any "employee' authorized by such partnsGhip, joint vernure. limited li ability company or other organization to give notice of an "occufienc€. o{ ofrense. (3) Notice to U3 o, such "@curGnce" or of an ofiens€ will be deerrEd to be given as soon as practlcabtE if it lS given in good faith as soon es prac caol€ to your wptt- enr' compensation insurer. Thls applies only it you subsoquently give notice to us of the "occunence" or offense as soon as practicable aller arry of the persons da.scriH in ParagGphs e. (l) or (2) above discovefs that the "occurence" or offense may result in surns to which the insurance povided under thls Cor'erage part may appv. Hort ov€r, if this Coverage Parl includes an en- dorsement that provlJes limited co\r'erage for 'bodily injury' or "property damage,, or pollutbn cc6ts arising out of a discharge, rBlease or e3_ Cape of "pollut8nts" vyhich contains a requirernent that the dischargs, rBl€ase or escape ot.pollul- anls" must be reported lo us within a specific number of days att6r its abrupl cornmencefient, this Paragraph €. do€s not affect that requirB- ment. UNINTENNONAL Oi'ISSION Th€ following is added to paragraph 6.. Rsprs. sentations, of sEcItoN Iv - coMmERitAL GENERAL LIABILITY CONDITIONS: Th€ uninlentional omlssion of. or unintenlbnal error in, any information provided by you which w€ relied upon in issuing this policy wil not prejF dice your rights under this insurance. Ho/rrEver. this provision does not afu our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in eccordanc€ with applhable insurance laws or regulations. BLANKET WAIVER OF SUBROGANON The lollouring is added to paragraph g,, Transrer Ot Rlghts Of Recovery AgatrGt Ottre]s to us,oI SECTION IV - COT,MERCIAL GENEML u. ABIUTY CONDITIONS: に L. CG D3 10 11 11 O 201 I Th€ TrdvGhr! trdernntty Comp6ny. A{ dght! resc.ved.Page 5 of 6 COMMERCIAL GENERAL LIAB:LITY lf the insured has agi●ed in a contract or agree‐ ment to waive that insu口 劇ヽ nght of recovery against any pe●on。「。7ganiZatbn,we waけ ●●u「 nght of recovery against such person or organ12a‐ ∥on,but onty for payrrlents we make b―use ot a. "Bodily inluヮ ´o「ゃropr damage・ that∝‐ cursl or b.Tersond miur Or "・ dve蘭 Jng ttury・ caused by an offense thatls commmedi Su綺 uent tO the execulion of thal cOntttxtt or agreement n AMENDED BODILYINJURY DEF:Nl￢ON The folkttng 70plaCes the delnl10n Of￢ “ div iniury￢nthe DEF!Nl■ONS Section: 3. "8od∥y iniuヴ 'means bodily inlury,rlental angul輛 ,mentヨ lluγ .ShCICk,flght,dsaЫ ∥ty. huminatiOn sickness Or disease sustained by a person, including death resultin9 ,「om any ofthese at any time N COIJTRACTUAL uAB:L府 ―RA:LROADS l. The fonowing replaces Paragraph c. of the denniuon Of￢nsured contractⅢ in the DEF,NI‐ ￢ONS鍮 ion: c Any easement o「∥cense agreementi 2 Paragraph f(1}of the denn市 on of￢nsured contract.'in the DEFINIT:ONS Semonis d● THIS ENDORSEMENT CHANCES THE POL:CY.PLEASE READ「CAREFULLY CONTRACTORS XTEND ENDORSEMENT This endorsement r odnes lnsu“nce pulded undertheお 11o"ing: COMMERCIAL GENERAL LIABILrγ COVERAGE PART 備疎嬌酬剖瀾 羅〕コ彗聞1鷺 織朧鱚 鞘露出騨 鯉棚品雛鶴腑よ:需 翼IW∴翼甜e寵 認蹄棚 1:躙 棚」糧留諸辮 ∥y to these∞v¨ges Read a∥the pnゝ Лsions Ofthis en‐ dottment and the rest oF your po"cy“reful″to detemine lghts,dttes,and whatis andに not covered H B!曰 nket Addttnal lnsured―Les…of Leased Equ●ment :. Blanket Addk10nal lnsured―states or Pol"驚 滲 COMMERCIAL GENERAL LIABILITY The f●||● "ing rep:● αtt Pamgraph 6.●rSEC‐ T:ON:∥―L:M「S OF:NSuRANCE: Sub卜 dt。5.above,the Damage To Prer「 ises Rented To You Limn is the mOst we wi∥ pay under cove■ge A for damages because d.や remises damagぴ lo any one prernises The Damage To Premt30S Rented To You Llmn w∥l apply to a∥ "prclpe● d帥● ""prOximatoly coused by the samo ''…ur‐ rence", whether such dafnage results f"m: nrel epbsionilthtningi smOke resuttng frOm such ttre expbsOn.or∥ghtningi o「water Or any canbinalion of any ofthese causes The D―ge To Prelnlses Rentod To You 日mrw∥ibe: a. The a,ivunt sh―b he Damage To Premlses Rented To You LimR on the Dec arallons ofthis Coverage Pani or b.S300,000 r no ar Ount ls shown fbr the Damege To P“mlses Rented To You Limm on the Docta爬 ■ions ofthis Coverage Part The b∥面 ng replaces Pa口 9"h●.of the 面 nllon or・ insured contracr in the DEF:N!‐ ￢ONS Sectbn[ a. A●ontract for a loo3o of premises How_ over・ that portlon of the con"ct for a le“e Of p“mi― thal indemn■os any person o「 organレ atlon for "promlses damage"is nd an"insured con固 ": The b∥岬ing ls added tO the DEFINmONS Sechon: "PI u:∥ses damagげ meansゃ rOtt dam_ agぴ to: a. Any prernises while rented to you●r lem‐ p●ralし o∝up ed by you wnh per7ntSSion of theぃ ″nec or b. The contents of any premiees whil●such pl●mises is ronted to you,r you rent such premises br a pe"od “ seven Or師 ● 3 The fo∥owing is added to Paragraph 5 of SEC■ON∥|―L:MITS OFiNSURANCE: Fo「the purposes of deternining the appli●a_ b e Each Occurrence Lml,a∥related acts or omissions cornmmed in proⅥding or la∥ing to provlde"incldental medical seMces・ ,lrst aid o「“Good Samadtan servlces・ to ony one per son wi∥be deemOd to be one・ occu,7ence'` 4. ■e fo∥owing excluslon is attbd to Para‐ graph 2.,Exclus:ons,Of sEC￢ONI―COV_ERACES―COVERAGE A BODILY:N」URYANO PROPERTY DAMAGE UABILrTY: sa10 of Phamaceutlcais 搬響(h」鵬 出ごET熙 」d謂 」調 器 ordinance relaung tO the sale of pharnacedi‐ cals cornmhed by,Or with the knowledge or consent OF,the insured 5 The fo∥owing is added tO he DEF!NmONS SecHoni "ncidental medicai serviceゞ `means: a l′edic●i surgic●l dental.laboratory,x_ray or nursing servlce or treatment,advice Or 朧器鳳￡g増 ∬°d“mお Hngび b. The ttmishing or dtpensing of dnlgs or medical. dentaL Or surg鮨 1 9upphes or app:iances “G∞d Sam●間tan sorvices・ means any emer_ 蝋 Iぽ 記記淵 響嵩:腕 計hn。∞m"n_ 6. The rOl10wing ls added tO Paragraph 4.b..Ex‐ coss :nsIIrance, Of sECT10N IV_coH・ MERC:AL GENERAL LIAB!L「γ CONDl‐ ￢ONS: 聰 酬 :I私 尉朧 もz::進 [|∥ξ翠 露『%器 請量卜も「覗li日 淵調∬y」 襦yぼu舒 認驚:品 l°闊:』電∬ vices・ .nrst ald Or・ cOOd Sar aHtan sttces.. 亀認aFT∥;異 酬駅t♂ごぶ?で 贄 COMMERCIAL GENERAL LIAB:LITY G. BI-ANKET ADOITIONAL INSURED - OWI{ERS, MANAGERS OR LE$SORS OF PREHISES The follotring is added to SECnOX ll - WHO lS AN INSURED: Any p€rson or organizetion thal is a premisca own€r, manager or lessor and that you haw sgreed in a writen conlracl or agree{nent to in- clude as an addltional insured on this Coverage Parl is en insured, but only wilh respect to liability for "bodily injury". "prop€rty damage", "psrsonel injury' or "advertising injury" that a. ls 'todily injuqf or'property damage" that occurE, or is "peIsonal injury" or "adverlising injurf caussd by an ofiense that 'rs commit. ted. subsequer to th€ execution ot thal con. tracl or agraement and b, Arises out of the o[rnership. nrainlanance or us€ d that parl ot any premises leaEed b ydJ ThB insuEnce provided to such premises owner, manager or lessor ls subject to the follofllng pm- visions: a. The limits of insurancc provided to such premiges owner, manager or lessor will be the minlmum limits which you agreed to pro. vide in the wdtten contracl or agrBement, or lhe llmits shoMl on tha Declarations. whidF ewr asB less. b. The ingurence pmvided to such premises owner, manager or lessof does not spply toi (ll Any "bodil-v inju4f or "poperty damag6" that occurs, or "persongl injury" or ''adyer- tising iniury" caused by an offEnse thal is committed. affer you c€.ase io be a tenant in that premis€6: or (21 Shuclural alteiations, ne* construclion or demolition operations perbrm€d by or on behaf o, such premises o\flner, basor or manager. c. The insurance povlled to such prembes owner, maflag€r or l€ssor is axcess over any val-rJ and colleclible dher lnsurrnce available to sucfi premises oryner, mar@er or lgssor, whether primary, exc€ss, contingeflt or oa any other btssis, unless you have sgreed in lhe written contracl or agreement that this in- Eurance must ba primary to, or non- contrlbutory with, such othar inaurancE. in which case this insuEncs will be primary lo, End non-contributory with, such olher insur. an06. BLANKET AOOITIONAL INSURED - LESSORS OF LEASED EOUIPMENT The bllowing ls added to SECTION 11 - WHO lS AN IHSUREO: Any polgon or orgsnizatbn thal is an equlpment l€ssor and that you have agreed in a writlen con- lract or agreemcnt to include as an insurEd on this Coverage Psrl is an rnsurcd, but only with r€- specl to lhbillty tor "bodily iniury", "pEp6rty dam- age", "personal injury" or "advertisirE injury" thet: 8. ls "bodily iniury" or "property damage" that occurs, or is "pGrsonal injuy or "advertising lnjury' c€used by an ofiense thet i8 commit- ted, subsequert lo ihe execulpn of that con- tracl or agreement; and b. ls caused, in whole or in p€it, by your acts or omissions in the malntenance, operation or us€ of equipm€nl leased to you by such equipm€nt lessor. The insurance povided to such equipment lessor is subject to the following provisions: E. The limits of insurance provldd to such €qulpment lessor \aill be the minimum limits which you agreed to provide in the lyriten contracl or agreem€nl, or the limits shofln on th6 Declarations, whichever are less. b, The ansurance provided to such cguipment Iessor does not apply lo any "bodily injury" or "property dsmage" thal occurs, or "p€r8onal iniury" or "advertising injury" caused by an or- fense that is commitled, afier the equipment l6ase gxpires, c. The lnsuiance provided to such equipment lassor b excess over any valid and colleclibie other insurance available to such equipment lessor, whelhar primary, exc6ss, contingent or on any olher basis, unless you have egI€€d in tho written contrad agreoment that this insurance must be primary to. or nofl-cor ributory witi. such other lnsuranca, in which case this insurance will be primary to, and non-contributcry with, such olher in- suranc€. 8I-ANKET ADDMONAL IiISURED - STATES OR POLITICAL SUADNISIONS . PEM'TTS The follofling is added to SECION ll - WHO lS AN INSURED: Any state or political subdivision that has issu€d a permit rn connoction with operations performed by you or on your b€hatf and that you are requrred .-. TRAYELERSJ WORKERS COMPENSAT10N AND EMPLOYERS LIAB:LFTY POttCY EN00RSEMENT WC 00 0313(00)_ POl」CY NUMBER: DTJuB3G58077 WAIVER OF OuR R:GHT TO RECOVER FROM OTHERS ENDORSEMENT We have the nghttO re∞ver our paッπЮnts hm anyone∥able for an injury covered by this po∥cy We wI∥not enforce our●ght againstthe pe“on o「organ12atOn named in the Schedule cnhis agreernent app∥es only to the extentthat you perfonn work under a wnten∞ntractthat requires you to obtain thls agreement iom us) This agreement sha∥nOt operate direclly orindirectly to benont any o■e not nanled in the Schedule SCHEDULE DES:GNATED PERSON: DES:GNATED ORCANIZAnON: ANY PERSON OR ORGANIZAT:ON FOR WH!CH THEINSURED HAS ACREED BY WRΠ TEN CONTRACTEXECuTED PR:OR TO LOSS TO FURN:SH THiS WAⅣER DATE OFISSUE:lo′01′2015 ST ASSICNJD,CO,AZ THE AMERICAN INSTITUTE Bond Numbcr 58734693 0F ARCHITECTS ′/4 Dο ε″″θ″′′3′ 1 The Contraqor ahd the Surety, iointly and sevelally' oincl rhem5elves, their heirs. execulors, administralots' i'ii"i.o" and a;signs 10 the owner lor ihe performancc of rhe Conslrucliontontrad, which is incolPoraled herein by reierence. 2 tl the Conlraclor oerlorms lhe Conslruclion Conlract' the Surew and the Contractot shall have no obligalion under thii 8ond, except to paniciPate in conferences as prcvided in SubParaBraPh 3.'l 3 lf there is no Owner Delault, the Surety's oblitalion under this Bond shall arise atl€ri 3.1 The Owner has notified the Conlraclor and the Surely ai its address described in PardgraPh 10 below that tire Owrer is considerinB declaring a Conlractor Defaull aqd has requested and attemPled lo arrante a conlerence with th; Conlraclor and lhe Surely to be held nol later Iharr filleen days afler receip: ol such noticc to drscLss methods ol perlornring the Conslruc' tion Conl'act. li the Owner, ihe Cgntraclor and the Surelv apree, the Conlraclor shall be allowed r reason' abte iim"e to ocrform the Conslruction. Conlrad, bLil srch an aeree'ment shall notwaive the Owne/s right, if any, subsEquenily io declEre a Conlrador Delau'1; and 3.2 The owner has declared a Contraclor Default 3nd {ormallY lerm:nated the Conlractor's riBhl lo comPlele the coniracl. Such Conlractgr Delauh shall nol be de' cl3red eadier lhan twenty days after the Contractor and the Surety have receiveb notice as Provided in Suh pac8raph 3,1; and 3.3 The Owner has agreed lo pay the Balance o' the Contract Price to the 3urety in accordance with the terms of the Constluction Contract or lo a contraclor 5elected to perlorm the Construction Contracl in accor' dance with lhe terms of the contrad with the Owner' 4 When the Owner has salisfied lhe condltions of Para' eraph 3, rhe Surety shall promptly and at the Surelys ex' iense take one o[ the followint actions: 4.1 ArrJnPe lor lhe Conlractor, with consenl of lhe Owner, to-perform and complele ihe Conslruction Ccntract; or 4.2 Undertake to Perforrn and comPlete the ConstrL'c' ticn Contract itseli, throu8h its a8enls or th routh rnde- pendent contraaiorsi or a.3 Obtain bids or netotiated proposals from oualilieo contraclcls acteptable to the Ow:le'for a cbntrao lor perlormance iod completion ol the Con' s rLrclion Contracl, arrange lor a conlracl to be pre_ pared tor execulion by the Owner and rhe contraoor ;ciected with Ihe owrlels concurreDce, lo be secured \.rith perlo.mance and palanenl bonds execuled by a oualiiied surew equivaleni to the bonds issued on the ConrtrLrcrion tontract, and pay to lhe owner the amount 9l damaqes as described in ParaEraph 5 in ex- cess of the Dalani-e ol the Contract Price incurred by Ihe Owner resultin8 from the Conlraclol's defaulU or 4.4 Waive its rith: lo perlorm aod complete, arra:rge tor completion, _or obtaln a new contraclol and wilh reasonable promotnesg under lhe ci'cumslances: ,l Afle. invesli8ation, determine the amount lor which it may be liatle to ihe owner and. as soon as practicable aher the amolrnl is deler' mined, lender paymenl lherelor 1o lhe Owner; or I Deny liability in whole or in pa( and notify the Owner cilinB reasons therefor, 5 llthe 5urety does not proceed as provided in Para8raph 4 with reasonable promprness, the Sutely shall be deemed lo be in default on this Bond lifteen days after recelpt of an additional written notice from the Owner to the Surety demandint lhal.the Surely perlorm ils obligalions under this 8ond, and the Owner shall be entitled to enforce any remedy available 1o the Owner, li the Surety proceeds as provided in Suopara6raph 4.4, and rhe Owner refuse5 the payment tendered or the Surety has denied liabiliry, in whole or in pari, \,,,ithout iurther notice the Ownet sha ll be entitled to enlorce any remedy available 10 the Owner. 6 Aiter the Owner has terminated the Contractois riBhl to complete the Construction Contracl, ancj if the Surety elecls to acl under Subparagraph 4,1,4.2, ot 4,3 above,- rhen the rerponslbilities of the Surety 1o the Owner shall not be treater than lhgse of the Contractor under the Construciion Contracl, and the responsibilrties ol the O.^,ner to the SureT/ shall not be grealer than those ol the Owner underthe Construction Contracl. To th e limil of the amount gf this Bond, bul subiect to commitmenl by the Owner o{ the Balance of lhe Contract Price to mitiBatjon ol corts aDd damages on the Construction Conlract, the Sure- ty is oblitated wilhout dupl,cation for: G.1 The responsibilitie5 of the Codtractor {or correc- tion of defective work and completion of the Construc' tion Contracl; 6.2 Additional legal, design prolessional and delay costs resultint lrorn the Contractor's Delault, and re- suliint lrom the aclicns or failure to acl of the surety under Paratraph 4j and 6.3 Liquidared damatcs, oi if no liquidated dama8es are specified in lhe Construction Contract, actual dam- age5 caused by delayed performance or non-perfor- mance of the Contractor. 7 The 5u rety shallnol be liable to the Ov/ner or others for obliBations o{ the Contractor thal are unrelated io the Con- struction Contract, and the Balance oI the Contracl Price shall not be reduced or set o,f on account ol any such unrelated obli8ations. No ri8hi o, aqlioo shall accrue oo this Bond to any person or entity olher than the Owner or its heirs, executors, administrators or successors. B The Surety herebywaives notice ol any change, includ. in8 Ehan8es of time, lo the Construction Contracl or to relaled subcontracts, purchase orders and other obli8a- tions. I Any proceedinE, legal or equiiable, under rhis Bond may be instituled in any cotirt o{ compelenl jurisdiclion in the location in which thework or pan of the work is localed and shall be instituted rvilhin two years after Contracror Delault or within two years after the Contractor ceased workint or within two years after the Surety refuses or fails to perform i'ts obligations under thls Bond, whichever oc- curs first. lI the provisions of thls Paragi'aph are void or prohibited by law, the minimum period of limitation avait. A`ム OOCOMコ マT^32 PFRFO帥 ハN∝DONO AND Rへ YM■T BOND.0に '゛ BER l,3410 ・ AIム able to rureties as a oefense in lhe jurisdiction of the suil sha,l be applicable, 10 Notice lo the Surely.the Owner or the Contractor shall oe mailed or dclivcrcd lo the address shown on the sig' nature pa8e. 't'1 When this Bond has been iurnished to comPlywlth a statutory or other leEal requirement ln the location where the conitruction watlo be Pcrformed, any provision in this Bond conflictinB with said slatutory or letal requirement shall be deemed deleted herelrom and provisions con- IorminE lo such statutory or other legal reqr.rirement shall be deemed incorporated herein. The intent is that this Eond shall be construed as a statulory bond and not as a common law bond. iz ornxrtoxs 12.1 Balance ol the Contracl Price: The toral amount oavable bv the Owner to lhe Contraclor under the bonrtruction Contracl afler all Proper adjuslmeh:s hrve been made, including allowance to the Con' MODtfICATIONS TO THIS BOND ARE AS FOLIOWST tractgr ol any amounts recelyed or to be received by the Owner in senlemenl ol insurance or other claims for damates to which the Contractor is entitled, re. duced by all valid and proper payments made 1o or on behalf of the Conlraclor under the Conslrucrion Con- tracl. ',2.2 Construction Contract: The agreemenl between the Owne. and the Contractor ldentified on the sig. nature pate, including all Contract Documents and chantes thereto, 12.3 Contractor Defaultt Failure of the Contractor, which.hasneither been remedied nor waived, to per. form or otherwise io comply with the terms of the Construction. Contract. t2.4 OwnerDefault: Failure cf ihe Owner. which has neither been rernedied nor waived, lo pay the Con- traclor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. CONTRACTOR AS PRINCIPAL Company: (space is provided below igr additional sitnalures ol added parties, other than those appearin6 on the cover page.) SuR「rY (COrpOrate Seaり Company:(Corporate Seal) Sjgnalu re:SiEnature: Name and Thlei Address: Name and Titlei Address: ^IA 00CuMDtt A312 ,印 0'■り■=00ND ttND PAYMⅢ■30NO DECFMBER,9“:D AA● TH:AM〔RICAN lNS■■」TE OF ARO■T曰 ¨.1′う N●″YORKttVi N W′WASHING￢ЭN′OC瑯 TH[RD“!NT:NC・ “ ヽRCH 1987 A312・ 1984 3 THE AMERICAN INSTITUTE OF Bond Numberi 58734693 ARCHITECTS ′/4 Dο ε″″′″′/Jノ 'l Ihe Conuactor and the furety, jointlY and teverallY' bind thimselves. their hei15, cx6cutors, administrztors' ir'ii"ilJiii"Jitilens to the ov/nel to paY Ior labor' materalt and equipment turnished fol use 'n tne pefior- .uni. oi tt " Cbnitruction Contract, which is incolpo' rated herein by reference 2 Whh lespecr to the Or'/ne[, this obli8atlon shall be nLrll and void if the Contractor: 2.1 PromDtlY makes payment, directlY or indirectly, tnr all sumi due Clalmans, and 2.2 Deiends. indemnifies and holds harmlesl the Owner trom ilaims, demands, liens or suits bY anY Derson or entitv whose claim, demand, lien or sult is ior the oavmeni for labol, materials or cquipment fur- nished ioruse in the perlormance of the Con5auction c;ntract. orovided the Owner ha5 prompttY notilied rhe Contiactor ancj t'le 5urety (at the address described in Paraeraph 12) o{ any claims, demands, liens q sdit5 anci-tendered delense of such claims. demaods, liens or suits to the Contraqtor and the 5urety, and provided the.re is no Owner Default 3 With rcloect to Claimants, this obli8ation 5hall be nr.rll and void !f the Contractor promptly rnakes pay' ment, directly or indircctlY, for all sums due 4 The Surery shall have no obligation to Claimantj uhder thi5 Bond until: 4.1 Claimant5 who are eoployed by or have a direct conu-act \tri$ the Contractor have given notice to the Surety (at the address described in Para8raph 12) and sent a coDy. or notic€ theEor, to the Owner, stating tna a claim is being made under this Bond and, with subitantial accuracY, th€ amount of the ciaim 4.2 ClaimanB who do ngt have a ditect contract with the Contractor: .1 Have furnished written notice to the Con' bactor 'and 5ent a copy, or notice thereol, to $e Owner, withh 9C days after having last oerformed labor or last fumlshed materials or iouioment included in the claim statln& with s,.rbsiantial accutacy, the amount of the claim and the name of tle Party to whom sle materials \,vere {umished or supplied or for whom the labor was done or perlormed; and ,2 Have eithel received a rejection in whole or in oart from the Contractor. ot not received wiihin 30 days ol fumishing'the above no- tice any communication from the ContEctor by which the Cotractor has indlcated the claim will be paid directly or indirectly; and .3 Not havint been paid within the above 30 davs. havelent a written notice tc the Surety tatihe address d€5cribed in Para8raph'12) and sent a copY, 91 n96ss thgreof, to tlE Cwner, statinc thal a claim is being made under this Bond and enclosing a copy of the previous written notice Jumished to the Congaclol 5 lf a notice required by Paragraph 4 is giYen by the Owner !o the Contractor or to the SuretY, thal is slrffi- cienl compliance 6 When the ClaimaDt ha5 satisfied the conditiohs of Paragaph 4, the SureEy shall promptly and at the 5urety's expense take th€ following actions: 6.1 Send an answer to the Claimant, y/ith a copy to the Owner, within 45 days a{ter leceipt ol the claim, statin8 t})e amounts that are undisputed and the basis for chillenging any amounts that are di5puted. 5l Pay or arrange ior payment of any undisputed amounts, 7 The Srjrety's total obli8ation shall not exceed the amount of this Bond, and the amount ol this Bond shall be credited for any paymens made in good faith by the Surety. I Amounts owed by the Owner to the Contractor under the ConsEuction Contraa shall be used tor the perfor- mance ol the Construction Contracl and to satisfy claims, if any, under any Construction Per{ormance Bond. By the Contractor furnishinB and the Owner acceptine this Bond, they aBree that all funds eamed by the Contractor in the performance of the Construction Contract are dedlcaEd to satisfy obli8ations of the Contractor and the Surety under thi5 Bond, subiect to the Owne/s prior ity.to use the funds for the completion of the work. 9 The Surety shall not be liabte to the O,Yner, Claimants or othen {or obligations of the Contractor that are unrelat- ed to the Conshuction ContracL The Owner shall not be liable for payment of any costs or expenses oi arry Claim- ant under this Bond, and shall have under this Bond no obli- Eatitrrs to make paymenls to, Sive notices on behalf of, or otherwise have obligations to Claimants rmder tfris Bond. 10The Surety hereby waive notice o{ any change, including changes o{ time, to the Con5truction Contract or to related subcontracts, purchase orders and other obligations. 11 No suil or action shall be commenced by a Claimant under this Bond other than in a court of competent luris- diction in the location in which the work or part o{ t}e work is located or atter the expiration oI one year trom fre date ('l) on which the Claimant gave the notice required by Subparagmph 4,1 or Clause 4.2J, or (2) on \,/hich the last labor or service was perlormed by anyone or the last matcf rials or equipment weie fumished by anyone under the Con- struction Congact whichever of (1) or (2)fi[5t occurs. lf the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation ayailable to sureties as a defense in the iurisdiction of the suit shall be applicable. l2Nolice to the Surety, the Ol,vner or the Contractor shall be mailed or delivered to the address shown on the signature pagc. Actual receipt ol notice by SL,rety, the O\,,/ner gr the Cgntractor, however accomplished. shall be sufficient compliance as o{ the date received at the address shown on the signature paBe. 13 When this Bond has been furnished to comply wit} a statutory or other legal requirement in the location where the consEuction was to be pertormed, arry provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted heretrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporaled herein. The intent is that this ハ1ム 0 0CUM'Nl A312・ P`Rア ORMANKl1 00NDハ NO PAY●|〔NI BONO・ D:C:MaFR 1904〔0・ Aい ● TH〔″■〔R10NN"SIITυ Ti Orハ RcH IECTS.1′3S N〔W YORγ ハV: ヽW WAヽ H[NGTCIN OC 20m● THRo nP,INC●′懇 ROH 19a7 A312‐1984 5 BOnd sh3∥bC COnstrucd aS a statulo「γ bOnd and nola`a commO口 law bond p:1」イ |1liilll::llil[lilillil]I酵 li!liil 15 DEFINI'ONS Coostruction Conl!acl, architecrural and entineerinB services required Jor perlonnance o{ the work o, the C-ontractor ind the Cbnlraclor's subconlraclors, and all other items for which a mechaniCs lien may be asserted in the iurisdiction where lhe labor, mateials or equipmenl were rurnished, 15.2 Conslruction Con1ract: The aP.reemen'l bettrveen the Owner and th€ Contractor ide;titied on the siB- nalure paBe, including all Contracl Documents and chanEes therelo, 15.3 owner Default: railure ol the Owner, which has' neilher been remedied nor srdived, lo pay the Con- tnclor 8s required by the Construction Co ract or lo per(orm and complele or comply with the othel lerms thereo[, IIODIflCATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 6bove ls deleted ln its €ntrety end lhe followtng Is subslituted ln it8 place: 6. Wh€n the ClalmEnt has satisfl€d lhe clndlllons of PBragraph 4, 6nd hBs submltted all EuPportlng documsntatlon and anv orool of clalm requested bry tho Surcv, rho Sursty 6ha[, wth rBasonabl€ promptneEs, notry fi6 Clalmant of the ar;ounts that Ere undlsputed and the basl6 lor ciraJlorElng any amounts th8t 8ra dlsputd, includlng, butnot limltod to, t|e lack of subct8nflatng documenbtlon to sr.rpport the d€tm es to sntitem€nt or €mounl, and thg Sucty shall, wllh roasonable prcmptoels, pey or mak€ arang€ments fol paymont oI arry undbputed amounti provided, hswgvgr, lhat the hlur6 of thi Surety to tfi€ly dldlargs lts obllgaUons und€r hls pragraph or to dlsputs or lder{lry any Epoctflc defenEo lo all or arry pad qf t clalm shatt not bo d6mod to b€ an adrdsslon of lhb[i]y by the Surety- aE to such clatm or ohervris€ corstih.rtl i watvor ol tho ContractoiE or Suretys dstonso8 to, or right to dlsputo, such cHm. Raths, lho ClEimsnt shall have thq tmmedlat€ right, wlhout furthor notlce, b brirE su[t sgalnEt th€ Sut€ty to erfolca any re.nedy avallable to ll under thls Bond. (SPaCeヽ P「oV ded below for ddtionJ CONRへ CrOR AS PRINCIPAL cOmpanγ signatures ol added Parties′other than SUR孵 (COrpOratё S■D COmpany: those appearing on the cover paBe.) (COrPorate Seaり Sltnature: 1:躍 鵠 而 Name and Tlde: Acidr ess:Addre5sl TR Rn PRNγ lNC・ ′■ヽRCH l'37 A312・ 1984 6幕需爾而蘊画面薦需イ記ぶ淵1摺 ‰:継 躙識■こ獅 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY‐IN‐FACT Know All Men By These Presents,That WTSTERN SURETY COMPANY、a South Dよ ola corF Oration is a duly organizcd and ex、 “ ng eorporatiOn having iis p市 ncipal ofrlcc in thc City of Slouス Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and execured pursuant to and by authority of the following By-Law duly adopted by the shareholde.s of the Company. Section 7. All boods, policies, undertakings, Powers of Attomey, or other obligations of the corporation shall be executed in the corporate aame of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such othcr ofircers as rhc Board of Directonj may authorize. The President, any Vice President, Secretary, any Assistant Sccrctary, or the Trcasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undenakings in the name of the Company. The corporate seal is not necessary tbr the validity of any bonds, policies, undertakings, Powerc of Attomey or other obligations of the colporation. The signature of any such offtcer and the corporate seal may be printed by facsimile.