Loading...
HomeMy WebLinkAboutD.L. Beck Inc Contract Agreement 04-27-2017CONTRACT AGREEMENT THIS AGREEMENT, made and entered into the 27th day of April, 2077 by and between D.L. Beck Inc. of Rexburg, State of Idaho, hereinafter called the "Contractor' and Bonneville Joint School District No. 93, Idaho Falls, ID hereinafter referred to as the "Owner". WITNESSE'TH: That for and in consideration of the mutual agreements and covenants herein set forth, it is hereby stipulated, promised and agreed by and between the parties hereto as follows: The Contractor agrees to provide all materials and perform all services and work in connection the NORTH STAIR REPLACEMENT AT BONNEVILLE HIGH SCHOOL for BONNEVILLE JOINT SCHOOL DISTRICT 93 and incidental work, for the above named Owner at IDAHO FALLS, ID, as shown by and in strict accordance with the Plans, Drawings and Specifications prepared by ALDERSON, KARST & MITRO ARCHITECTS, P.A., Idaho Falls, ID, and the General Conditions of the Contract, the various documents and papers comprising the said Plans, Drawings, Specifications and General Conditions, and any amendments thereto, all of which Plans, instruments and documents as enumerated are now on file in the office of the Owner, and each and all of which are identified by the signature of the parties hereto, and are hereby referred to and made a part hereof as fully as though set forth at length herein, and said party of the first part will do all things required and specified in this Contract, as enumerated, to the satisfaction of and under the direction and observation of the Architect. The Advertisement for Bids, Information for Bidders, Proposal, General Conditions, complete Plans and Specifications and required bonds and insurance are part of this Contract and are hereby referred to and made a part hereof as fully as though set forth herein. The work under this Contract will be begun on the date specified in a written "Notice to Proceed" issued by the Owner writing and complete all construction under the contract within 90 calendar days. Time is the essence of this Contract and for each calendar day's delay over the time specified for the completion thereof, the Contractor agrees to pay to the Owner the sum of Five Hundred Noll 00 Dollars ($500.00), which sum is agreed upon by the parties hereto as liquidated damages for such delay, and not as a penalty. The parties acknowledge and agree that the actual amount of the damages that will accrue as a result of Contractor's failure to timely complete the work within the said time frame are, and will continue to be, difficult to determine. The parties agree that such liquidated amount is a fair and reasonable estimate of the damages that will be suffered by the Owner in the event of any delay in the performance of the work. Contractor agrees that Owner may withhold any such amount from the amount of the retainage set for herein, North Stair Replacement at Bonneville High School Contract Agreement Bonneville Joint School District 93 -1 - provided that such deduction shall not release either party from any liability, claim or obligation otherwise arising hereunder. In the event the District withholds payment of such retainage without just cause or if the liquidated damages provisions set forth herein are determined to be unenforceable for any reason, nothing herein shall prevent the District from recovering its actual or consequential damages caused by Contractor's wrongful or unjustified delay in completing the work. IV. It is further expressly agreed that the Contractor shall procure, and maintain in full force throughout the term of this agreement public liability insurance in an amount of not less than $1.0 million dollars, single limit, including an endorsement naming the District as an additional insured thereon. Contractor shall also procure and so maintain workmen's compensation - insurance -in an amount not4ess than the amount required by law, all as provided for in the General Conditions, the documents evidencing said insurance to be approved by and filed with the Owner, but without any liability on the part of the said Owner by reason of the inadequacy thereof. All such insurance shall be issued by a reputable insurer authorized to issue such policies within the State of Idaho. Prior to and as a condition for the commencement of the Work, Contractor shall furnish and deliver to the District certificates of insurance evidencing such insurance. V. Within ten (10) days after receipt of notification of acceptance of his Proposal, Contractor shall deliver to the District, 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 fulf amount of the Contract amount. 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 Idaho; or Government Obligations, as defined under Idaho Code Section 54 --1901 (h), payable to District of Idaho Falls, Idaho. If the Contractor posts a government obligation as security, such obligation shall be delivered to the Owner and unconditionally endorsed in favor of the Bonneville Joint School District No. 93, and in accordance with the provisions of Idaho Code Section 54- 1926A. If government obligations are delivered by someone other than the Contractor, the person delivering such obligations shall execute a Performance Bond in the form of "Performance Bond and Power of Attorney for Government Obligations" and a Payment Bond in the form of "Payment Bond and Power of Attorney for Government Obligations" contained in these documents in lieu of endorsing the obligations in favor of the Bonneville Joint School District No. 93. ICJ! In consideration for the timely and faithful performance of the Work in accordance with this Agreement, the Owner agrees to pay to the Contractor a total Contract price of One hundred forty -six thousand nine hundred eighteen and no1100-- ------- Dollars ($146,918.00). North Stair Replacement at Bonneville High School Contract Agreement Bonneville ,Joint School District 93 -2- Owner shall make progress payments to Contractor monthly until the project is complete. Each month, the Project Architect and the Contractor shall mutually determine the value of the work performed and materials incorporated into the Project. Progress payments will be made only for work performed and for materials actually incorporated into the Work. Progress payments shall not be made for materials delivered to the site, but not incorporated into the work. Progress payments shall represent ninety -five percent (95 %) of the actual value of the work done and materials and equipment furnished and/or suitably stored at the job site or other approved locations up to the 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 Contract Documents and as determined in good faith by the project architect. Payment of such progress payments shall not constitute a waiver by the District of any claim for defective work performed or material supplied. In 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. VII. The Contractor further agrees to give preference to the employment of bona fide Idaho residents and residents of Bonneville County in the performance of the work covered by the Agreement and will be required to pay the minimum wage as required by the laws of the State of Idaho. Vlll. Pursuant to the provisions of Section 63 -1503 of the Idaho Code, the Contractor, in consideration of securing the business of erecting or constructing public works in the State of Idaho, recognizing that the business in which the Contractor is engaged is of a transitory character, and that in the pursuit thereof, the Contractor's property used therein may be without the State of Idaho when taxes, excises, or license fees to which the Contractor is liable become payable, agrees: a. To fill out and return the attached f=orm WH -5 to the District with the signed Contract. b. To pay promptly when due all taxes (other than on real property), excise and license fees due to the State of Idaho, its subdivisions, and municipal and quasi - municipal corporations therein, accrued and accruing during the term of this Contract, whether or not the same shall be payable at the end of such term. G. 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 North Stair Replacement at Bonneville High School Contract Agreement Bonneville Joint School District 93 - 3 _ same constitute liens upon his property, to secure the same to the satisfaction of the respective officers charged with the collection thereof: d. 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 Contractor under the Contract the estimated amount of such accrued and accruing taxes, excises and license fees for the benefit of all faxing units to which said Contractor is liable. e. That pursuant to the provisions of Section 63 -1504 of the Idaho Code, the Contractor shall furnish the Owner evidence that the Contractor has paid all taxes, excises and license fees due to the State of Idaho 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. Ix. The Contractor agrees to indemnify, save harmless, and make whole, the District 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 after the acceptance thereof by the District. 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 District to bring an action against the Contractor for breach of contract within the time permitted by law for any workmanship, materials and/or equipment that does not meet the specifications contained in the contract documents. X. The Contractor shall not be entitled to additional compensation otherwise payable for any act or failure to act by the Project Architect or the District, the happening of any event or occurrence that was not within the contemplation of the parties at the time this Agreement was executed or for any other cause justifying an equitable adjustment in the Contract Price, unless Contractor shall have first given written notice of such claim to the District. Such notice shall set forth the reasons for which the Contractor believes that additional compensation will or may be due, the nature of the costs involved, and the amount of the claim. If the claim is based upon any act or failure to act by the Architect or the District, except in case of emergency, such notice shall be given to the Architect prior to the commencement of the performance of any work by Contractor. In all other cases, such notice shall be given within ten (10) days after the happening of the event or occurrence giving rise to the claim. Fib All materials and workmanship for which no specification is forth in the Contract Documents shall be warranted by the Contractor to be of merchantable quality, free from North Stair Replacement at Bonneville High School Contract Agreement Bonneville Joint School District 93 -4- defects and fit for the particular purpose for which they are intended. Such warranty shall, unless otherwise specified herein extend for a period of one (1) year after the date a Certificate of Substantial Completion is signed by the Architect or other authorized agent of the District. The District may make any other claim for failure to perform the Work or provide materials in conformity with the Contract Documents, at any time as specified by the Contract Documents or within the limitations period provided by law, whichever is later. MI. This Contract shall be governed by and interpreted in accordance with the laws of the State of Idaho. This Contract and the Contract Documents shall constitute the complete and final statement of the parties' agreement pertaining to the subject matter hereof and no statement, representation, or understanding shall be binding except as expressly set forth herein. IN WITNESS WHEREOF, the said parties have caused these presents to be executed in triplicate the day and year first above written. ATTEST: North Stair Replacement at Bonneville High School Bonneville Joint School District 93 Bonneville Joint School D' trict 93 By D.L. Beck Inc. Contractor Z z " (Signature) (Title) ago w�© S7 o (Address) — Contract Agreement -5- Bond No. 9224837 AIA Document A312 TM .2010 Performance Bond CONTRACTOR: (Name, legal status and address) DL Beck, Inc. 2860 West 5200 8 Rexburg, ID 83440 OWNER: (Name, legal statars and address) Bonneville Joint School District No. 93 3497 N Ammon Road Idaho Falls, ID 83401 CONSTRUCTION CONTRACT SURETY: (Name, legal status and principal place of business) Fidelity and Deposit Company of Maryland This document has important legal 1299 Zurich Way consequences. Consultation Wth Schaumburg, IL 60196 an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Date: April 27, 2017 AIA Document A312 -21310 combines two separate bonds. a Amount: One Hundred Forty Six Thousand Nine Hundred Eighteen and No/00 Doll Performance Bond and a PAPment i3ond, into one form. Description: ( *"$146,918.00") This Is not a single combined (Name and location) Performance and Payment Bond. North Stair Replacement at Bonneville High School for Bonneville Joint School District 93 BOND Date: April 27, 2017 (Not earlier than Construction Contract Date) Amount: One Hundred Forty Six Thousand Nine Hundred Eighteen and No/00 Dollars (* *$146,918.00 * *) Modifications to this Bond: 1A None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: - / (CoT orate Sea CompanVposit p DL Beck c 4,,'delity l Signature: SignaturName 1�0.Y i d Z CK Name and Title: f � - and Titlet (Any additiona signatures appear on the last page of this Performance Bond.) (FOR INFORAMTION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: The Buckner Company (Architect, Engineer or otherparty:) 960 Pier View Drive, Suite A Idaho Falls, ID 83402 208.523.9100 Intt. AIA Document A3127m — 2010. The American Institute of Architects. 061110 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and.Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business. days-after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract, § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's.obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section.3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the.Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section '5 with reasonable promptness, the Surety shall be deemed to be in default on.this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. AIA Ducument A312'" — 2010. The American institute of Architects. § 7 If the Surety elects to act under Section 5, 1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract, .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations, § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to. sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the .Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, Including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. [nit. AIA Document A312' —2010. The American Institute of Architects. § 16 Modifications to this bond are as follows: (Space is pf•ovided below for additional signalar'res of added parties, othe(- than those appearing on the cover page,) CONTRACTOR AS PRINCIPAL. SURETY Company: (Corporate Seal) Company: ( Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an ongina(rJA.Contract Document, on which this text appears in RED. An original assures that changes will not be obscuTed [nit. AIA Document A312T" —2010. The American Institute o (Architects. Payment Bond Bond No. 9224837 Document A312TM — 2010 CONTRACTOR: (Nance, legal status and addt-ess) DL Beck, Inc. 2860 West 5200,5 Rexburg, ID 83440 OWNER: (Name, legal statcts and address) Bonneville Joint School District No. 93 3497 N Ammon Road Idaho Falls, ID 83401 CONSTRUCTION CONTRACT SURETY: (Na►ne, legal statc►s and pi,incipal place of business) Fidelity and Deposit Company of Marylandfhis document has important legal 1299 Zurich Way consequences. Consultation wlth an attorney is encouraged with Schaumburg, IL 60196 respect to Its completion or modlflcatlon. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Date: April 27, 2017 AIA Document A312 --2010 combines two separate bonds,.a Amount' One Hundred Forty Six Thousand Nine Hundred Eighteen and No/00 Doll performance Bond and a Rment Bond, into one form. Description: (* *$146,918.00 * *) This Is not a single combined (Name and location) Performance and Payment Bond. North Stair Replacement at Bonneville High School for Bonneville Joint School District 93 BOND Date: April 27, 2017 (Not earlier than Construction Conti-act Bate) Amount: One Hundred Forty Six Thousand Nine Hundred Eighteen and No/00 Dollars (* *$146,918.00 * *) Modifications to this Bond: IR None © See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: rCorpocate 5e Company; or DL Beck, �/ idelity nd De os* Co nature: 0 g g Name MV +d 4. a Name Dougl G. Ball, and Title;U ea Pres; dam- and Titic: ttorney -in -Fact (4ny additional signatt►res appear on the last page of this Payment Bond.) (FOR INFORAMTION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: The Buckner Company (Architect, Engineer oc• other party.) 960 Pier View Drive, Suite A Idaho Falls, ID 83402 208.523.9100 Init. AIA Document A3 2w — 2040. The American Institute of Architects. 08110 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner fiom claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § d When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following. § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the .Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non- payment required by Section 5.I.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non - payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7,3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Init. AIA Document A312Tm —2010. The Amodcan Institute of Architects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under Ws Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5. 1,2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2). first occurs. 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. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other Iegal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made, § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction. Contract; .6 the total amount earned by the Claunant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having. a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real .property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required. for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Docufents and all changes made to the agreement and the Contract Documents. Init. AIA Document A312T" — 2010. The American Institute of Architects. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond sliall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18.Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other- than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: Yoi_ should sign an original AIA Contract Document, on which this text aµp#a.a in RED. Att original assures that changes will not be obscured. Init. AIA document A312T11 —2010. The American Institute of Architects, ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by DAVID MCVICKER, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Terry BUCKNER, J. Michele BURRASTON, Randy C. EMERY, Chris LUND, Douglas G. BALL, Bradley K. NIELSON, Vickie NELSON, Monica E. NELSON, Dennis M. GROSS and Andrew RENDON, all of Salt Lake City, Utah, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 23rd day of September, A.D. 2016. ATTEST: 0 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND F *q,��Lprpf� xr*r4Py�SNSU�y.. SRAL.�o r �r y 1906 ,i +Mt 4+... 3,y1 *•r,� Secretary Tice President Eric D. Barnes David McYicker State of Maryland County of Baltimore On this 23rd day of September, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, DAVID MCVICKER, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. .`'``•,,,fin -` -r 5�', Q Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 POA -F 020 -8008A A� " CERTIFICATE OIL LIABILITY INSURANCE 15/4/2017 DATE(M rDDNYYYI THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Buckner Company of Idaho 960 Pier View Drive, Suite A Idaho Falls ID 83402 CONTACT Lisa Thorne PHONE 20$-656 -7934 FAX 801 -3fi5 -0865 E-MAIL .Ithorne buckner.com @ INSURER s AFFORDING COVERAGE NAIC # INSURERA:BITCO General Insurance Corporation 20095 111/2017 INSURED DLBECKI -01 INSURER B:Advanta a Workers Compensation Ins 40517 DL Beck, Inc. 2860 West 5200 South INSURER C: $500,000 MED EXP (Any one person) Rexburg ID 83440 INSURER D INSURER E: INSURER F: PERSONAL & ADV INJURY COVFRAGFS CFRTIFIGATF NIIMRFR• 460792192 I2G1L/tQ!nM nil Ieatz =o. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE INSD W VD POLICY NUMBER POLICY IIYEYrr I 4MM1DDNYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR CLP3647586 111/2017 1!912018 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea oeounence $500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY JET LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP /OPAGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY CAP3647587 1/112017 1!1!2018 Ea acB. NED LIMIT $1,000,000 X BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Peraccident) $ NON -OWNFD HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ _ $ A UMBRELLA LIAB X OCCUR OUP2811943 1/1/2017 1/112018 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 EXCESS LIAR CLAIMS -MADE DED FX RETENTION$10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN y 3505016 1/1/2017 1/1/2018 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $500;000 ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $500,000 (Mandatory in NH) If yas, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached it more space is required) Additional Insured Status is provided when there is a Written Contract between the Named Insured and Certificate Holder per the General Liability (GL30840911) and Auto Liability (A2931.1199). Waiver of Subrogation is provided when required by written Contract per General Liability (GL30840911), Business Auto (CA04441013), Workers Compensation (WC0003130484). Per Project Aggregate applies (G L30840911). RE: North Stair Replacement at Bonneville High School for Bonneville Joint School District 93 ln - LARIA L7 ;t■ 3 iIJJ R a19Zi Bonneville Joint School District No. 93 3497 N Ammon Road Idaho Falls ID 83401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f,— A4.4—, v 1 Wtss -2u14 AGURD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUILDERS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE FORMA It is agreed that the provisions listed below apply only upon the entry of an In the' box next to the. caption of such provision. A. %D Partnership and Joint Venture Extension N. 0 Construction Project General Aggregate Limits B. Q Contractors Automatic Additional Insured Coverage — Ongoing Operations C. Q Automatic Waiver of Subrogation D. 0 Extended Notice. of Cancellation, Nonrenewal E. 0 Unintentional Failure to Disclose Hazards F. Broadened Mobile Equipment G. Personal arid Advertising Injury —Contractual Coverage H. Q Nonemployment Discrimination I. 7 Liquor Liability J. Q Broadened Conditions K. Q Automatic Additional Insureds Equipment Leases L. X[] Insured Contract Extension - Railroad Property and Construction Contracts M. 0 Turnkey Jobs - Coverage For Alienated Premises 0. Q Fellow Employee Coverage P. FX Property-Damage Liability - Elevators 0. 0 Property Damage to the Named Insured's Work R. M Care, Custody or Control S. Concrete. Rework Labor Reimbursement Coverage T, 0 Lost Key Coverage U. Electronic Data Liability Coverage V. Q Consolidated Insurance Program Residual Liability Coverage W Q Automatic Additional Insureds — Managers or Lessors of Premises X. [] Automatic Additional Insureds — State or Governmental Agency or Political Subdivisions — Permits or Authorizations Y. Q Contractors Automatic Additional Insured - Coverage — Comp[eted Operations Z. 0 Additional Insured — Engineers, Architects or Surveyors A. PARTNERSHIP AND JOINT VEMRE EXTENSION The following provision is added to SECTION 11- WHO Ml3 AN INSURED: The last full paragraph which reads as follows: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. GL -3084 (00/11) -1- is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of 'your work' on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work' In connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC A1DDIITIONAL INSURED COVERAGE— ONGOING OPERATIONS SECTION 11 d WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional Insured on your policy, but only with respect to liability for 'bodily injury', 'property damage" or 'personal and advertising injury" caused, In whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, In the performance of your ongoing operations for the additional Insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This Insurance does not apply to 'bodily injury' or *property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to ba primary. In that event, this Insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non - contributory. But with respect to all other insurance under which the additional Insured qualifies as an insured or additional Insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SU BROGATION Item g. of SECTION IV - COMMERCIAL GENERAL LIABILIiTY CONDMONS, is deleted and replaced with the following: S. Tn order of RMft of IRmovery Against O&= to Us and Automatlo Waiver of Subrogatim. a. If the Insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to Impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them.' b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of 'your work' for that person or organization. r.t _nnAd more i ► -0- ®. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A2b. of the COMMON POLICY CONDITIONS, is deleted and replaced with the following: A.2 & 60 days before the effective date of the cancellation If we cancel for any other reason. Item E. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: E. WHEN�WE DO NOT RENE W a. If we choose to nonrenew this policy, we will mall or deliver to the first Named Insured shown In the declarations written notice of the nonrenewal not less than 60 days before the expiration date. - b. If we do not give notice of our Intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from Its scheduled expiration date. Where not otherwise prohibited. by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension Is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in S. a. above. E. UNIN1117ENTIONALFAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b. of SEdTION V - DEFINITIONS, Is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or -locations you own, rent or occupy. G. PERSONAL AND ADVERT'ISINQ INJURY - CONTRACTUAL COVERAGE Excittslon 2.a. of SECTION I, COVERAGE B is deleted. H. NONEMlPLOYMENT DISCRIMINATION Unless "personal and advertising Injur Is excluded from this policy: Item 14. of SECTION V - DEFINITIONS, Is amended to include: 'Personal and advertising injury' also means embarrassment or humiliation, mental or emotional distress, physical Illness, physical impairment, loss of earning capacity or monetary foes, which is caused by 'discrimination.' SECTION V- DEFINITIONS, is amended to Include: 'Discrimination' means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. GL -3084 (09/111 -3- Item 2. Exclusions of SECTION I, COVERAGE B, is amended to include: 'Personal and advertising injury" arising out of "discrimination' directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured. 'Personal and advertising injury' arising out of "discrimination' by or at your, your agents or your 'employees' direction or with your, your agents or your employees' knowledge or consent. 'Personal and advertising injury' arising out of 'discrimination' directly or Indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or Imposed by a governmental entity, or . governmental code, law, or statute because of discrimination.' I. L QUOR LIABILITY Exclusion 2,0. of SECTION I, COVERAGE A, Is deleted. J. BROADENED CONDITIONS Items 2.a. and 2,b. of SECTION IN - COMMERCIAL GENERAL LIABILITY CONDMONS, are deleted and replaced with the following: 2. Dutiba In The Evwd Of Oww"mm, Off, Claim Or Stilt: a. You must see to it that we are notified of an 'occurrence' or an offense, which may result in a claim as soon as practicable after the 'occurrence' has been reported to you, one of your officers or an ' employee' designated to give notice to us. Notice should include: (t) How, when and where the 'occurrence' or offense took place; (2) The names and addresses of any Injured persons and witnesses; and (2) The nature and location of any injury or damage arising out of the "occurrence' or offense, b. If a claim is made or'sult' is brought against any insured, you must: (I) Record the specifics of the claim or 'suit` and. the date received as soon as you, one of your officers, or an 'employee' designated to record such information Is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an 'employee' you designate to give us such notice learns of the claims or 'suit.' Item 2.s. Is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CAND l�I' ONS: 2,9. If you report an 'occurrence' to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such 'occurrence' to us at the time of 'occurrence' shall not be deemed in violation of paragraphs 2.a., 2.b., and 2rc. However, you shall give written notice of this 'occurrence' to us as soon as you are made aware of the fact that this 'occurrence' may be a liability claim rather than a workers compensation claim. Its AUTOMA71C ADDMONAL INSUREDS - EQUIPMENT LEASES SECTION ll - WHO IS AN INSURED Is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional Insured with respect to iiabllity for'bodlly Injury', 'property damage" or 'personal and advertising injury' caused, at least in part, by Al AnAA IAQ/i 11 -A_ your maintenance, operation, or use by you of the equipment leased to you by such person or organization; subject to the following additional exclusions. The Insurance provided to the additionaf insured does not apply to: 9. "Bodily injury' or "property damage' occurring after you cease leasing the equipment. 2. 'Bodily injury" or property damage' arising out of the sole negligence of the additional insured. 8. 'Property damage" to: AL Property owned, used or occupied by or rented to the additional insured; or b. Property In the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other Insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this Insurance to be primary. In that event, this insurance will be primary relative to Insurance policy(s) which designate the additional insured as a fumed Insured In the Declarations and we will not require contribution from such insurance if the written contract also requires that this Insurance be non - contributory. But with respect to all other Insurance under which the additional insured qualifies as an Insured or additional insured, this. insurance will be excess. L. INSURED CONTRACT EXTENSION - RAILROAD PROPERTY AND CONSTRUCTIIOM CONTRACTS Item 9. of SECTION d - DEFINMONS, is deleted and replaced with the following. g. 'Insured Contract' means: a. A contract for a lease of premises. However, that portion of the contract fora lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not. an "insured contract "; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; L That part of any other contract or agreement pertaining to your business (including an Indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for 'bodily Injury or 'property damage' to a.third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contractor agreement. Paragraph # does not include that part of any contract or agreement: (9) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (ar) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or Instructions, or failing to give them, If that Is the primary cause of the Injury or damage; or GL -3084 MOM t 1 -s- (2) Under which the insured, If an architect, engineer or surveyor, assumes liability for an Injury or damage arising out of the insureds rendering or failure to render professional services, including those listed. in (1) above and supervisory, inspection, architectural or engineering activities. U. TURNKEY JOBS - COVERAGE FOR ALIENATED PREUMS It is agreed that: € whsalan 2.1.(2) of SECTION 1, COVERAGE A, does not apply ii the premises are `your work' and were not occupied, rented or held for rental by you for more than 12 months after completion. N. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION Ill LI11IRS OF INSURANCE. A. For all sums which can be attributed only to ongoing operations at a single construction project for .which the insured becomes legally obligated to pay as damages caused by an 'occurrence" under SECTION I COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVFcRAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay -for the sum of all damages under COVERAGE A, except damages because of 'bodily injury' or 'property damage' included In the 'products- completed operations hazard,' and for medical expenses under COVERAGE C regardless of the number of a. Insureds; h. Claims made or "suite brought; or c. Persons or organizations making claims or bringing 'suits.' S. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which cannot be attributed only to ongoing operations at a single construction project . for which the insured becomes legally obligated to pay as damages caused by an "occurrence` under SECTION II - COVERAGE A, and for all medical expenses caused by accidents under SECTION 1- COVERAGE C: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. f`f _Qnad lnoli 11 _a_ C. • Payments for damages because of 'bodily injury' or 'property damage' included in the 'products - completed operations hazard' will reduce the Products - Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION III: - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. 0. FELLOW EMPLOYEE COVERAGE Exelusiau 2.e. Employrru Llablllty of SEOMN 1, COVERAGE A, Is deleted and replaced with the following: 2.t . "Bodily injury' to (t) An 'employes' of the insured arising out of and in the course of: (a) Employment by the Insured; or (b) Performing duties.related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that 'employee' as a consequence of paragraph (9) above. This exclusion applies: (11) Whether the Insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (i) Liability assumed by the Insured under an 'insured contract'; or (2) Liability arising from any action or omission of a co= employee" while that co= employee' is either in the course of his or her employment or performing duties related to the conduct of your business. -Item 2.a4lXn) of SECTION 11- WHO IS AN INSURED, Is deleted and replaced wilh the following: 2.a4lXa) - To you, to your partners or members (if you are a partnership or.joint venture) or to your members (if you are a limited liability company), or to your 'volunteer workers' while, performing duties related to the conduct of your business. P. PROPERTY DAMAGE LIA®ILiFi1f - ELEVATORS 'Property damage' liability Is changed as follows: T. Emlushm 2.j43) and 2J44) of SECTION 1, COVERAGE A, do not apply to the use of elevators. 2. The insurance afforded by reason of this provision is excess over any valid and collectible property Insurance (including any deductible portion thereol) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition Is changed accordingly. GL -30134 (09/111 -77 Q. PROPERTY DAMAGE TO THE NAMED INSURED'S WORK Exclusion I of SECTION I, COVERAGE A. is deleted and replaced with the following: Damage to Your Work 'Property damage" to "your work' arising out of It or any part of it and Included in the 'products completed operation hazard.' This exclusion applies only to that portion of any loss in excess of $50,000 per occurrence if the damaged work and the work out of which the damage arises was performed by you. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. R. CARE, CUSTODY OR CONTROL Exclusion 2 JA of SECTION I, COVERAGE A. Is deleted and replaced with the following: 2.M Personal property in the care, custody or control of the Insured. However, for personal property in the care, custody or control of you or your 'employees,' this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate Is $100,000, regardless of the number of occurrences. (b) This provision does not apply to 'employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III - LIMITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (s) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, Including the loss of use of that property, as a result of each "occurrence.' Our limit of liability under the endorsement as being applicable to each "occurrence' shall be reduced. by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, Including those with respect to duties in the event of 'occurrence," claims or "suit' apply Irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or 'suit' and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. S CONCRETE REWORK LABOR. RMMBURSEM>ENT COVERAGE As It applies to this coverage, SECTION I - COVERAGE A Is amended as follows. 1. o Insuring Agreement, is deleted and replaced by the following: We will reimburse you for your direct labor expense associated with your 'concrete rework' which was performed by you during the policy period due to the original 'concrete product" failing to moot contractual specifications as ordered for the job or accepted industry standards for its specific C41 AMA 1A411 i 1 _R_ 4 I intended use, verified by testing by an ASTM (American Society of Testing & Materials) accredited independent testing agency. 2. Exclusions, is deleted and replaced by the following: The Insurance provided by this endorsement does not apply to: a. "Cosmetic Defects' b. Loss of use a. Changes to the 'concrete product ' .contractual specifications not acknowledged by the named Insured in writing prior to the beginning of the job d. 'Loss' arising from the 'subsidence' of land a. "Loss" arising from work performed on your behalf by a subcontractor, except for the supply of the Ocancrete product' f. Cost of materials used in the installation of the mconcrete product" or ' concrete rework" 9. Damages or "loss' that is covered by a Property or Inland Marine coverage form for your financial interest in your project and structures h. "Lass' unless the "concrete rework" Is completed within one year from the completion of the original 'concrete product' Installation performed by you L "Loss' caused by the failure to order the "concrete product' as required: a. In the contractual specifications; or b. By accepted industry standards.for its specific Intended use ]. "Loss' expected or Intended from the standpoint of the Insured kb "Concrete product' supplied by you SECTION III - UMITS OF INSURANCE [a amended to kwhalle the following: 1.. The Limits of Insurance as shown and the rules below fox- the most we will pay regardless of the number of a, Insureds covered under this Insurance; b. 'Concrete rework" projects to which this insurance applies. "Concrete Rework' Project Limit $50,000 'Concrete Rework' Policy Aggregate Limits $50,000 "Concrete Rework' Deductible $ 11000 2. The 'Concrete Rework' Project Limit shown above is the most we will reimburse you for your direct labor expense arising out of any single "concrete rework' project. 2. Subject to 2, above, the 'Concrete Rework' Policy Aggregate limit shown above is the most we will reimburse you for your direct labor expenses for the sum of all "concrete rework" projects. GL-3084 (09111) -9- �. The "Concrete Rework" Project Limit and the "Concrete Rework" Policy Aggregate Limits shall be Included within and not be in addition to the General Aggregate Limit or the Products - Completed Operations Aggregate Limit (whichever applies), as stated in the declarations and as described in SECTION III - LIMITS of INSURANCE. S. Our obligation to reimburse you applies only to the amount of your direct labor expense In excess of the "Concrete Rework' Deductible stated above. This deductible shall apply separately to each 'concrete rework' project. The Limits of Insurance of this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with either the beginning of the policy period shown In the Declarations, or the effective date of the endorsement, whichever is less. If the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended as follows: Rem 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit is deleted and replaced by the following: 2. Duties in The Event Of Occurrence, Offense, Claim Ot Suit a. You must see to it that we are notified prior to completing the 'concrete rework" which may result In labor reimbursement. Notice should include: (1) How, when and where the incident took place; (4j The names and addresses of any witnesses, and (3) The estimated labor expense for the 'concrete rework' h. You must promptly take all steps to minimize the expenses involved. a. You must cooperate with us and upon request, assist in enforcing any right of contribution or Indemnity against any person or organization. dL You must provide us with proof of loss and any other required documents within 60 days of our request. You must also permit us to examine and copy any of your books and records at any reasonable time. You, your employees' and your agents must, if we require you to, submit to examination under oath at such times as may be required, and sign a copy of the examination. e. No insureds will, except at their own cost, assume any obligation, or incur any expense without our consent. SECTION V - DEFINITIONS le amended to add the followlrg; 'Concrete rework" means the alteration, repair, removal or replacement of a 'concrete product' 'Concrete product" means any product you directly install consisting of concrete, cement, sand, mortar mix or related materials 'Cosmetic defects' means a superficial or surface defect that does not affect the structural Integrity of the "concrete product' 'Loss" means your direct labor expense associated with a 'concrete rework" project 'Subsidence` means earth movement, Including but not limited to; a, Landslide; OL -3084 (0911 11 -10- b. Mud flow; c. Earth sinking; d. Earth rising; e. Collapse or movement of fill; f. - Improper compaction; g. Earth settling, slipping, talling'away, caving in, eroding, tilting or shifting; h. Earthquake; or L Any other movement of land or earth. T. LOST KEY COVERAGE As it applies to this coverage, - SECTION 1, COVE.RA43EA, is amended to include as follows: We will pay those sums, subject to the limits of liability and deductible stated herein, that you become legally obligated to pay as damages due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your "employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: 1. 'Actual cost of the keys; 2. Cost to adjust locks to accept new keys; or & Cost of new-looks, if required, including the cost of installation. Item 2. ExcluWom of SECTION 1, COVERAGE A, is amended to include the following: 1. Keys owned by any insured, employees of any insured, or anyone acting on behalf.of any insured. 2. Any resulting loss of Use from the loss or mysterious disappearance of keys; or 8. Any of the following acts by any Insured, employees of any Insured, or anyone acting on behalf of any Insureds: a. Misappropriation; !b. Concealment; c,. Conversion; d. Fraud; or i. Dishonesty Excllusllons 2.143) mW 2.144) of SECTION 1, COVERAGE A do not apply to Lost Key Coverage SECTION 01- LIMITS OF INSURANCE Is amended to include the following: 1. The Lost Key Coverage Occurrence Limit shown below is the most we will pay for each occurrence for damages for Lost Key Coverage provided In this endorsement, GL -3084 i09 /111 -11.- a. The Lost Key Coverage Policy Aggregate Limit shown below is the most we will pay for all occurrences covered by this endorsement during the policy period. Lost Key Coverage Occurrence Limit $50,000 Lost Key Coverage Policy Aggregate Limit $50,000 Lost Key Coverage deductible $ 1,000 The Lost Key Coverage Policy Aggregate Limit shall be Included within and not be In addition to the General Aggregate Limit or the Products - Completed Operations Aggregate Limit (whichever applies), as stated In the declarations and as described in SECTION IN a LIMITS OF INSURANCE. Our obligation under this coverage to pay damages on your behalf applies only to the amount of damages In excess of the Lost Key Coverage. Deductible stated above. The deductible applies on an "occurrence" basis. We may pay any part or all of the deductible amount to effect settlement of any claim or "sult" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. U. ELECTRONIC DATA L11MILFTY COVERAGE 1. Ekeluslan 24P. FIbebmic Daft of SECTION 1, COVERAGE A, is deleted and replaced with the following: 24L Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or Inability to manipulate "electronic data" that does not result from physical injury. to tangible property. 2. The following definition is added to SECTION V— DERNITIONS: 'Electronic data" means Information, facts or programs stored as or on,. created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD -ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. & For the purposes of this coverage, the definition of "property damage" in SECTION V — DEFINITIONS Is replaced by the following: "Property damage" means: a. Physical injury to tangible property, Including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically Injured. All such loss of use shall be deemed to occur at the time of the "occurrence' that caused It; or C. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data ", resulting from physical injury to tangible property. All such loss of 'electronic data' shall be deemed to occur at the time of the 'occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. V. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIABILITY COVERAGE With respect to "bodily injury„, "property damage ", or `personal and advertising Injury" arising out of your ongoing operations; or operations included within the" "products- completed operations hazard", the policy to At -MA4 mart 1 t -19- which this coverage is attached shad apply as excess insurance over coverage available to "you" under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. The following Is added to Section V— Deflnlllons "Residential project" means any project where 309'0 or more of the.total square toot area of the structures on the project is used or is Intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, • condominiums, townhouses, co- operatives or planned unit developments and appurtenant structures (including pools, hot tubs,. detached garages, guest houses or any similar structures). A "residential project" does not Include military owned housing, oollegetuniversity owned housing or dormitories, longterm care facilities, hotels, motels, hospitals or prisons. All other terms, provisions, exclusions and limitations of this policy apply. W. AUTOMATIC ADDPiIONAL 11 WHEDS - MANAGERS OR LESSORS OF PREMISES SECTION II — WHO IS AN INSURED Is amerKW to ilwIuds: Any person or organization with whom you agree In a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This Insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. L Structural alterations, new construction or demolition operations performed by or on behalf of the additional Insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess,, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this Insurance will be primary relative to Insurance policy(s) which designate the additional insured as a Named Insured in the declarations and we will not require contribution from such Insurance if the written contract also requires that this insurance be non - contributory.. But with respect to all other insurance under which the additional Insured qualifies as an Insured or additional Insured, this Insurance will be excess. X. AUTOMATIC ADD11TIONAL. INSUREDS STATE OR GOVERNMENTAL AGENCY OR POU 71CAL . SUBOW11SIONS — PERMIITS OR AUTHORIZATIONS SECTION Il — WHO iS AN. INSURED Is amended to Include any state or governmental agency or subdivision or political subdivision.. with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed: by you -or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: a. "Bodily Injury", "property damage" or "personal and advertising Ittjury"'arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products - completed operations hazard". GL -3084 (09/11) -13- This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any Other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non - contributory. But with respect to all other Insurance under which the additional insured qualifies as an insured or additional Insured, this insurance will be excess. Y. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE — COMPLETED OPERATIONS SECTION II — WHO IS AN INSURED is amended to include as an additional Insured any person or organization who is required by written contract to be an additional Insured on your policy for completed operations, but only with respect to liability for "bodily injury" or 'property damage' caused, In whole or In part, by 'your work" at the project designated in the contract, performed for that additional insured and included in the 'products- completed operations hazard'. This Insurance Is excess of all other Insurance available to the additional Insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non - contributory. But with respect to all other Insurance under which the additional Insured qualifies as an insured or additional insured, this insurance will be excess. Z. ADDITIONAL INSURED — ENGINEERS, ARCHrMCTS OR SURVEYORS SECTION Ill — WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who Is required by written contract to be an additional insured on your policy, but only with respect to liability for 'bodily Injury', 'property damage' or ' personal and advertising injury` caused, in whole or In part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but Is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional Insureds, the following additional exclusion applies: This insurance does not apply to 'bodily injury', "property damage' or 'personal and advertising Injury' arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2. Supervisory, Inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance pollcy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such Insurance if the written contract also requires that this Insurance be non- contributory. But with respect to all other insurance under which the additional insured qualifies as an Insured or additional insured, this Insurance will be excess. OL- 3084109111) -14-