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2018-Storm Sewer Improvements-Yong ConstructionThis document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) Prepared by r r� ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE Issued and Published Jointly by AmLRICAN GouNcm or ENGINEERING COMPANIES ASCE' AMERICAN SOCIETY OF CIVIL ENGINEERS National Society of Professional Engineers@ EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Copyright © 2013: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE. NOTE: EJCDC publications may be purchased at www.eicdc.org, or from any of the sponsoring organizations above. EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Blair ("Owner") and Yong Construction ("Contractor") Owner and Contractor hereby agree as follows: ARTICLE 1— WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Storm Sewer Improvements - 2018 Blair, Nebraska #157-001 ARTICLE 2—THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Work described as construction of 1000 linear feet of 18" and 24" RCP storm sewer, inlets, junction boxes, replacement of inlet lids, and other related work as shown on the plans. ARTICLE 3 — ENGINEER 3.01 The part of the Project that pertains to the Work has been designed by Advanced Consulting Engineering Services. 3.02 The Owner has retained Advanced Consulting Engineering Services ("Engineer") to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before 60 days after construction begins or October 1, 2018, whichever is earliest, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before 60 days after construction begins or October 1, 2018, whichever is earliest. E1CDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner 250 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner 250 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. 4.04 Special Damages A. In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor's failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in Paragraph 4.02 for Work to be completed and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed and ready for final payment. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. E1CDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 2511 day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 90 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 90 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 12% percent per annum. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 — CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive). 2. Performance bond (pages 1 to 3, inclusive). 3. Payment bond (pages 1 to 3, inclusive). 4. Other bonds. a. _ (pages _ to _, inclusive). 5. General Conditions (pages 1 to 65, inclusive). 6. Supplementary Conditions (pages 1 to 3, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) consisting of 19 sheets with each sheet bearing the following general title: Storm Sewer Improvements - 2018 9. Addenda (numbers 1 to 1, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 4, inclusive). E1CDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9 D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10— MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC° C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee°, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. 1t This Agreement will be effective on l (which is the Effective Date of the Contract). OWNER: of Blair By: Title. 6U("iel— CONTRACTOR: Yong Construction By: Title: 426'oet2 pt— (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: f ! i h Attest: Title: �� Title: Address forgiving notices: 218 S 16" St Blair, NE 68008 Address for giving notices: 12 Ginl?er Cove Rd Vallev, NE 68064 License No.: (where applicable) EJCDC® C-520 (Rev. 1), Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 ARTICLE 5 —.BASIS OF BID 5.01. Bidder will complete the Work in accordance with the Contract Documents for the following price(s): STORM SEWER IMPROVEMENTS - 2018 Item Description Unit Estimated Bid Unit gid Price No. Quantity Price 1 MOBILIZATION JOB LUMP SUM / 9)0'x? cz,� %$ caj co 2 TRAFFIC CONTROL JOB LUMP SUM 6,6tr,..� C00, -� 3 CONNECT TO EXISTING STORM SEWER EACH 2 �t7 %v Gd! rya 4 15" RCP CLASS III STORM SEWER L.F. 113 5 18" RCP CLASS III STORM SEWER L.F. 423-- 6 18" ROUND EQUIVALENT RCP CLASS III 0 STORM SEWER L.F. 100 7 24" RCP CLASS III STORM SEWER L.F. 363 8 CONSTRUCT TYPE IV CURB INLET EACH 3 f,UG, vU % 3'02 9 CONSTRUCT TYPE 1 CURB INLET EACH 62 ,7 10 10 CONSTRUCT TYPE "V" CAST IRON VANE GRATE, FRAME AND CURB INLET EACH 3 2 Gt� 8"g6'a �- 11 REMOVE & REPLACE CURB INLET TOP EACH 9 700 ?M� JS- 12 REMOVE EXISTING PAVING S.Y: 551" ' 13 REMOVE ASPHALT S.Y. 87 14 CONSTRUCT 4" PC CONCRETE Vie, ory SIDEWALK S.Y. 133�,� 15 CONSTRUCT 6" PC CONCRETE DRIVE S.Y. 42 �� glo 16 CONSTRUCT 7" REINFORCED PC CONCRETE PAVING S.Y. 463 25,002. 17 SEED DISTURBED AREAS ACRE 0.5 OGU, c� TOTAL BASE BID ITEMS 1 THRU 17 INCLUSIVE........ % 8G 612- 12TOTAL TOTALBASE BID, WRITTEN AS: 42hto h "J . `�x/ retie Q.G.S _ ...... .�--- ..... AND( 00 /100) ADD A-1 ADDITIONAL ITEM: LOWER WATER JOB LUMP SUM id d. I) � ` MAIN 1 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and.(2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 EJCDC = ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE NOTICE OF AWARD Date of Issuance: February 14, 2018 Owner: City of Blair Engineer: Advanced Consulting Engineering Services Project: Storm Sewer Improvements - 2018 Bidder: Yong Construction Bidder's Address: 12 Ginger Cove Rd, Valley, NE 68064 TO BIDDER: Owner's Contract No.: Engineer's Project No.: 157-001 Contract Name: You are notified that Owner has accepted your Bid dated February 6, 2018, for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: Storm Sewer Improvements — 2018 The Contract Price of the awarded Contract is: $186,928. [3] unexecuted counterparts of the Agreement have been mailed to the Contractor for execution. ® a set of the Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of this Notice of Award: 1. Deliver to Owner [3]counterparts of the Agreement, fully executed by Bidder. 2. Deliver with the executed Agreement(s) the Contract security e.g., performance and payment bonds] and insurance documentation as specified in the Instructions to Bidders and General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions, Owner: Authorized Signature By: Title: Copy: Engineer EJCDC® C-510 (Rev. 1), Notice of Award. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 ® A`R o CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) TYPE OF INSURANCE 03/26/2018 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(les) 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 TST Insurance CONTACT NAME: Tammie Tiefentahler FAX Ne -7200 PAH/c°N o ; (402) 480 Ext : (402) 933-6360 PO Box 461141 ADDRESS: service@TSTlnsurance.net INSURER(S) AFFORDING COVERAGE NAIC # DAMAGE TO REWT-ED Ea occu ante $ 100,000 INSURERA: SCOTTSDALE INS CO 41297 Papillion NE 68046 INSURED INSURER B: CAROLINA CAS INS CO 10510 INSURER C : EVANSTON INSURANCE COMPANY Yong Construction INSURER D: 12 Ginger Cove Rd INSURER E : INSURER F: Valley NE 68064 rtnvGQer_Gc CFRTIFIrATF NIIMRFR* REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDDY EFF MM/D�DY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FXI OCCUR Y CPS2552531 10/20/2017 10/20/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO REWT-ED Ea occu ante $ 100,000 -PREMISES MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X JECT POLICY ❑ PRO F—]LOG OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PeOPERTnDAMAGE $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE XOBW7006117 02/27/2017 10/20/2017 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/ N OFFICERIMEMBEREXCLUDED? Y� (Mandatory in NH) If es, describe under DESCRIPTION OF OPERATIONS below NIA BNUWC0139390 01/20/2017 01/20/2018 PER X' ERH -` E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) r+coTrcrrA'rc unt n=o rANCFI 1 GTIAN U 1 9 8 73-20 9 4 A�;U U GUKYUKA I IUN. All rignLS reservea. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACOA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Blair Ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 218 S 16th St Blair, NE 68008 Advanced Consulting Engineering Services (]-AUTHORIZED REPRESEATIVE�,� 133 W Washington St / P O Box 218 West Point, NE 68788 U 1 9 8 73-20 9 4 A�;U U GUKYUKA I IUN. All rignLS reservea. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACOA PAYMENT BOND Bond Number: 63551730 KNOW ALL PERSONS BY THESE PRESENTS, That we Yong An dba Yong Construction of 12 Ginger Cove Rd, Valley, NE 68064 , hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto City of Blair ;a , hereinafter One Hundred Eighty Six Thousand Nine Hundred Twenty referred to as the Obligee, in the sum of Eight and 00/100 Dollars ($ 186, 928.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated 20th day of Februar 2018 ,for Storm Sewer Improvement 2018 -- Blair NE *157-001 _ copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this Form F8578 7th day of March 2018 Yong Construction (Principal) By Sea WESTERN SURETY COMPANY (Surety) By (Seal) Tamela Sue Tie nthaler Attorney -In -Fact PERFORMANCE BOND Bond Number: 63551730 KNOW ALL PERSONS BY THESE PRESENTS, That we Yong An dba Yong Construction of 12 Ginger Cove Rd, valley, NE 68064 hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto City of Blair ]ORthereinafter One Hundred Eighty Six Thousand Nine Hundred wenty referred to as the Obligee, in the sum of Eight and 00/100 Dollars ($186, 928.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the 20th day of February 2018 for Storm Sewer Improvement 2018 - Blair NE #157-001 NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the'' Obligee {from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the locatign,„in ,whjch ,the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses 'or fails to perform` its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense;in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named ,herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 7th day of March 2018 Yonq Construction (Principal) By (Seal) WESTERN SURETY COMPANY Surety) gy (Seal) Tamela Sue Tie enthaler Attorney -in -Fact Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 63551730 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents make, constitute and appoint Tamela Sue Tiefenthaler its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Yong An dba Yong Construction Obligee: City of Blair Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in- fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shallbe executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may, appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond 'No.'h- 5 7 3 0 is not issued on or before midnight of October 31st, 2018 all authority conferred in this Power of Attorney shall expire and terminate. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and its corporatq,§Mj tobe affixed this 7th day of March 2018 WES / SURMY COMPANY Paul T ruflat, Vice President UTI DDAT'gA 0),F ss Ont oi$�O_ 0t1i day of March , in the year 2018 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTEB114 SURETY COMPANY and acky + ledged said instrument to be the voluntary act and deed of said corporation. s J. MOHR s SEAL NOTARY PUBLIC S SSOUTH DAKOTAS Notary Public - South Dakota +ay�tiayy�,ya5hhayyyy�,yyy�, + My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 7th day of March 2018 WES SUR Y COMPANY 001 Paul T ruflat, Vice President To validate bond authenticity, go to www.cnasurety.com > Owner/Obligee Services > Validate Bond Coverage. Form F5306-10-2017 Liberty MuPolicyholder Information INSURRANCEANCE Named Insured & Mailing Address Agent Mailing Address & Phone No. SCOTT WIEKHORST DBA YOUNG CONSTRUCTION 12 GINGER COVE RD VALLEY, NE 68064 Dear Policyholder: (800) 962-7132 LIBERTY MUTUAL BUSINESS CENTER 24001 EMISSION AVE STE 100 LIBERTY LAKE, WA 99019-2500 We know you work hard to build your business. We work together with your agent, LIBERTY MUTUAL BUSINESS CENTER (800) 962-7132 to help protect the things you care about. Thank you for selecting us. Enclosed are your insurance documents consisting of. • Business Auto To find your specific coverages, limits of liability, and premium, please refer to your Declarations page(s). If you have any questions or changes that may affect your insurance needs, please contact your Agent at (800) 962-7132 • Detach the ID Card located at the back of the policy e Verify that all information is correct • If you have any changes, please contact your Agent at (800) 962-7132 Reminders In case of a claim, call your Agent or 1-800-362-0000 You Need To Know . AUTO I.D. CARDS ARE INCLUDED AT THE BACK OF THE POLICY and can be used as evidence of insurance and provide you with information on what to do in case of an accident. . CONTINUED ON NEXT PAGE To report a claim, call your Agent or 1-899-362-9000 1�Ili tI11� 4—r CERTIFICATE OF AUTOMOBILE INSURANCE . ixsaanxce THIS IS TO CERTIFY THAT the namedinsured is at the date of this certificate insured by the company with respect to the automobiles hereinafter described for the types ofinsurance and respective coverages hereinafter designated by entry of the limits of liability or a statement that the coverage is in effect andinaecordance with the provisions of the Automobile' Policy in use by said company_ This Certificate of Insurance neither affirmatively or negatively amends, extends or alters the coverage afforded by the policy. Named BCOTT WIEKHORST FOR LIEN HOLDEINQUHMS CALL ORWRITE R - 1-900-e0s-o733 Insured P.O. BOX 2917 PHOENIX, AZ 85038 Address 12 GINGER COVE RD, VALLEY NE 68064-3000 _:::::::SSD: ............ .:::•::::::::::::::::iIE,SC3t�'Ti(dN OF:.THE_;rT NG DR H S GERT3F E •_. ...:..;:._..M :- - Policy Number AOS -243-269855-75 - 6 Effective Date 08J 02 J 2017 Expiration Date 108/02/2018 PART A PART B PART D - DAMAGE TO YOUR AUTO COVERAGE Covtxages: LIABILI'T`Y MEDICAL PAYMENTS COVERAGE FOR LOSS CAUSED BYoss :;- ➢EDVCTIBLE AMOUNr?APPI IGAH IF TO'E1�QH2OSS IN DOLLYtiP.B. ;;;;;; LOther Than Loss Caused COVERAGE COVERAGE COLLISION INCLUDED Loss Caused by Collision by Collision Limits Of 'ACV- Indicates Actual cash value ACV' Indicates Actual Cash value Liability 1MIL/ 1MIL 1000 No less Deductible less Deducbble *Includes Accidental Death Benefit: $ Protection Against Uninsured Motorists: Each Named Insured Each Per. $ Each Ace. Medical Expense POLICYINCLUDES: ED BASIC NO-FAULT COVERAGE a OPTIONAL NO-FAULT COVERAGE ............................................:....-••---.................::::.-._ -:::•::: _ •::::•:::•:::::::::::: _•:._ ::::::•::::•::: _................................__......._..__.........._..............13ESCRH'TI�N:OZi_ lIITi)M?UBI���S'. : _= ::is......::::::::::::::::_:5::::.......................::i:;: :::......................................... Year of Model Trade Name Body Type Identification or Serial Number 2005 FORD F-350 1FTWW31Y95ED07739 :. Such insurance as is afforded under the Liability Coverage of the policy shall also apply, with respect to cover autos, to each interest herinafter named, as an insured; but such inclusion of additional interest or interests shall not operate to increase the limit of the company's liability. Name CITY OF BLAIR Street Address 218 S 16TH STREET City BLAIR State INE j Zip 68008 .. Such insurance as is afforded by the policy for loss of or damage to the automobile is payable, as interest may appear, to the named insured and the Loss Payee indicated below in accordance with terms of the Loss Payable Clause on the reverse side hereof: Term of Loan: From: To: F The insurance described herein is in effect on the date of this certificate and shall remain in force until canceled in accordance with the terms of the policy. ❑ Liberty Insurance Corporation ❑ Liberty Mutual Fire Insurance Company ❑ The First Liberty Insurance Corporation ❑ Liberty Mutual Insurance Company ❑ Liberty Mutual Mid Atlantic Insurance Co ❑ LM Insurance Corporation ❑ American States Preferred Insurance Company (ASPIC) ® LM -General Insurance Company ❑ Consolidated Insurance Company (LIC) ❑ Wausau Underwriters Insurance Company ❑ Montgomery Muttial Insurance QPmpany (MMIC) Loss PAYEE and ADDRESS ECRET" tDated 03/26/2018 At MSH/CRC Countersigned Signa a of Authorized Representative PS 485 R17 11 6ul uz Page 2 LOSS PAYABLE CLAUSE Loss or damage under this policy shall be paid as interest may appear to you and the loss payee shown on the fust page of this certificate. This insurance covering the interest ofthe loss payee shall not become invalid because of yourfraudulent acts or omissions, unless the loss results from your conversion, secretion or embezzlement ofyour covered auto. However, we reserve the right to cancel the policy as permitted by policy terms and the cancellation shall terminate this agreement as to the loss payee's interest. We will give the same advance notice of cancellation to the loss payee as we give to the named insured shown in the declarations. When we pay the loss payee, we shall, to the extent ofpayment, be subrogated to the loss payee's rights ofrecovery. LOSS PAYABLE CLAUSE (NORTH CAROLINA) Loss or damage under this policy shall be'paid as interest may appear to you and the loss payee shown on the fust page of this certificate. This insurance covering the interest ofthe loss payee shall become invalid only because of your conversion, secretion of your covered auto. However, we reserve the right to cancel the policy as permitted by policy terms and the cancellation shall terminate this agreement as to the loss payee's interest, We will give the loss payee 10 days notice of cancellation. When we pay the loss payee, we shall, to the extent ofpayment, be subrogated to the loss payee's rights ofrecovery. LOSS PAYABLE CLAUSE (TEXAS) Loss or damage under Coverage for Damage to your Auto shall be paid as interest may appear to you and the loss payee shown on the first page of this certificate. This insurance covering the interest ofthe loss payee shall not become invalid because of your fraudulent acts or omissions, unless the loss results from your conversion, secretion or embezzlement ofyour covered auto. However, we reserve the right to cancel the policy as permitted by policy terms and the cancellation shall terminate this agreement as to the loss payee's interest. We will give the same advance notice of cancellation to the loss payee as we give to the named insured shown in the declarations. When we pay the loss payee, we shall, to the extent ofpayment, be subrogated to the loss payee's rights ofrecovery. NOTICE TO OTBERS IF 'Well will not cancel "Your" Policy or reduce the insurance under any of its coverages until at CANCELLATION least 10 days after we have mailed awritten notice of such cancellation or reduction to the OCCURS person(s) named as additional interest on reverse side. AS1019 (cd 12-89) Additional Insured (Lessor) - Applies when additional insured is completed on reverse side. AS 1187 11 90 (PP 03 19 08 86) Description of"your leased auto": as described on reverse side. Any liability and any required no-fault coverages afforded by this policy for "your leased auto" also apply to the lessornamed in this endorsement as an additional insured. This insurance is subject to the following additional provisions: 1. We will pay damages for which the lessor becomes legally responsible only if the damages arise out of acts or omissions of: (a) you or any "family member", or (b) any other person except the lessor or any employee or agent of the lessor using "your lease auto". 2. 'Your lease auto" means: (a) an auto shown in the Declarations or in this endorsement which you lease for a continuous period of at least six months under a written agreement which requires you to provide primary insurance for the lessor, and (b) any substitute or replacement auto famished by the lessor named in this endorsement. 3. If we terminate this policy, notice will also be mailed to the lessor. 4. The lessor is not responsible for payment of premiums. 5. The designation of the lessor as an additional insured shall not operate to increase our limits of liability. This endorsementmust be attached to the Change Endorsement when issued after the policy is written. Copyright, Insurance Services Office, Inc., 1986 '0� Liberty MuINSUtual. ANCE policyholder Information Named Insured & Mailing Address Agent Mailing Address & Phone No. SCOTT WIEKHORST DBA YOUNG (800) 962-7132 CONSTRUCTION LIBERTY MUTUAL BUSINESS CENTER 12 GINGER COVE RD 24001 E MISSION AVE STB 100 VALLEY, NE 68064 LIBERTY LAKE, WA 99019-2500 Dear Policyholder: We know you work hard to build your business. We work together with your agent, LIBERTY MUTUAL BUSINESS CENTER (800) 962-7132 to help protect the things you care about. Thank you for selecting us. Enclosed are your insurance documents consisting of: • Business Auto To find your specific coverages, limits of liability, and premium, please refer to your Declarations page(s). If you have any questions or changes that may affect your insurance needs, please contact your Agent at (800) 962-7132 • Detach the ID Card located at the back of the policy e Verify that all information is correct • If you have any changes, please contact your Agent at (800) 962-7132 Reminders In case of a claim, call your Agent or 1-800-362-0000 You Need To Know . AUTO I.D. CARDS ARE INCLUDED AT THE BACK OF THE POLICY and can be used as evidence of insurance and provide you with information on what to do in case of an accident. . CONTINUED ON NEXT PAGE To report a claim, call yourAgent or 1-800-362-0000 tk '�'cCERTIFICATE OF AUTOMOBILE INSURANCE Mutual. 1HSURA33CE THIS IS TO CERTIFY THAT the named insured is at the date of this certificate insured by the company with respect to the automobiles hereinafter described for the types of insurance and respective coverages hereinafter designated by entry of the limits of liability or a statement that the coverage is in effect and in accordance with the provisions of the Automobile Policy in use by said company - This Certificate of Insurance neither affirmatively or negatively amends, extends or alters the coverage afforded by the policy. Named SCOTT W]EICIIORST FOR LIEN HOLDER INQUIRIES CALL OR WRITE Insured 1-800-409-0733 P.O. BOX 2917 PHOENIX, AZ 85038 Address 12 GINGER COVE RD, VALLEY NE 68064-3000 :TIF iCE <S SS :.. :::::::::::::::::<33ES'CRTPTL( N:( F;:T INSI RAN E:T(3RW$LGH HISCER....:......_..............:...._.:-.:..:•.........::::::..........:::::.......... Policy Number AOS -243-269855-75 - 6 Effective Date 08/02/2017 Expiration Date 10810212018_ PART A PART B PART D - DAMAGE TO YOUR AUTO COVERAGE COVETages: LIABHITY MEDICAL COVERAGE FOR ;:::DEDVCTIBLE:AM4VN7?AFFtii4fl8 iE,TO'EAGH'LOSS_iN:DOLL7SP,S: ;:;;;; LL Loss Caused by Collision Loss LOther Than Loss Caused by Collision COVERAGE PAYMENTS COVERAGE LOSS CAUSED BY COLLISION INCLUDED Limits Of "ACV" Indicates Actual Cash Value 'ACV" Indicates Actual Cash Value Liability 1MIL/ 1MIL 1000 No less Deduchble less Deduchble *Includes Accidental Death Benefit: $ Protection Against Uninsured Motorists: Each Named Insured Each Per. $ Each Ace. Medical Expense POLICYINCLUDES: BASIC NO-FAULT COVERAGE a OPTIONAL NO-FAULT COVERAGE ................................................................................................................................................................................................................................................................................. h'ES:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:;:::;:::: :::.:::::::::::::::::::::::::::::::::.:::::::::::::::::::.::::::::::::::::-.,::::::::::::::::.::::::::::::::::DES6'RIF'TION:`DF AiIT:DMDB L Year of Model Trade Name Body Type Identification or Serial Number 2005 FORD F-350 1FTWW3 IY95ED07739 Such insurance as is afforded under the Liability Coverage of the policy shall also apply, with respect to covere autos, to each interest herinafter named, as an insured; but such inclusion of additional interest or interests shall not operate to increase the limit of the company's liability. Name ADVANCED CONSULTING ENGINEERING Street Address 133 WEST WASHINGTON STREET City WEST POINT State NE Zip 68788 ................................................................................................................................................................................................................................................................................. ........................................................................................................................ .............................................................................................................................................................. Such insurance as is afforded by the policy for loss of or damage to the automobile is payable, as interest may appear, to the named insured and the Loss Payee indicated below in accordance with terms of the Loss Payable Clause on the reverse side hereof: Term of Loan: From: To: The insurance described herein is in effect on the date of this certificate and shall remain in force until canceled in accordance with the terms of the policy. ❑ Liberty Insurance Corporation ❑ Liberty Mutual Fire Insurance Company ❑ The First Liberty Insurance Corporation ❑ Liberty Mutual Insurance Company ❑ Liberty Mutual Mid Atlantic Insurance Co ❑ LM Insurance Corporation ❑ American States Preferred Insurance Company (ASPIC) ® LM -General Insurance Company ❑ Consolidated Insurance Company (LIC) ❑ Wausau Underwriters Insurance Company ❑ Montgomery Mu al Insurance C mpany (MMIC) Loss PAYEE and ADDRESSjj SECRETAR PRESID J Dated [03/26/2018 At MISH/ CRC Countersigned, Signa a of Authorized Representative PS 485 R17 7/30/02 Page 2 LOSS PAYABLE CLAUSE Loss or damage under this policy shall be paid as interest may appear to you and the loss payee shown on the fust page of this certificate. This insurance covering the interest of the loss payee shall not become invalid because of your fraudulent acts or omissions, unless the loss results from your conversion, secretion or embezzlement ofyour covered auto. However, we reserve the right to cancel the policy as permitted by policy terms and the cancellation shall terminate this agreement as to the loss payee's interest. We will give the same advance notice of cancellation to the loss payee as we give to the named insured shown in the declarations. When we pay the loss payee, we shall, to the extent of payment, be subrogated to the loss payee's rights ofrecovery. LOSS PAYABLE CLAUSE (NORTH CAROLINA) Loss or damage under this policy shall be paid as interest may appear to you and the loss payee shown on the first page of this certificate. This insurance covering the interest of the loss payee shall become invalid only because of your conversion, secretion of your covered auto. However, we reserve the right to cancel the policy as permitted by policy terms and the cancellation shall terminate this agreement as to the loss payee's interest. We will give the loss payee 10 days notice of cancellation. When we pay the loss payee, we shall, to the extent ofpayment, be subrogated to the loss payee's rights ofrecovery. LOSS PAYABLE CLAUSE (TERAS) Loss or damage under Coverage for Damage to your Auto shall be paid as interest may appear to you and the loss payee shown on the first page of this certificate. This insurance covering the interest of the loss payee shall not become invalid because of your fraudulent acts or omissions, unless the loss results from your conversion, secretion or embezzlement ofyour covered auto. However, we reserve the right to cancel the policy as permitted by policy terms and the cancellation shall terminate this agreement as to the loss payee's interest. We will give the same advance notice of cancellation to the loss payee as we give to the named insured shown in the declarations. When we pay the loss payee, we shall, to the extent of payment, be subrogated to the loss payee's rights of recovery. NOTICE TO OTHERS IF "We" will not cancel "Your" Policy or reduce the insurance under any of its coverages until at CANCELLATION least 10 days after we have mailed awritten notice of such cancellation or reduction to the OCCURS person(s) named as additional interest on reverse side. AS1019 (cd 12-89) Additional Insured (Lessor) - Applies when additional insured is completed on reverse side. AS 1187 11 90 (PP 03 19 08 86) Description of"your leased auto": as described on reverse side. Any liability and any required no-fault coverages afforded by this policy for "your leased auto" also apply to the lessornamed in this endorsement as an additional insured. This insurance is subject to the following additional provisions: 1. We will pay damages for which the lessor becomes legally responsible only if the damages arise out of acts or omissions of: (a) you or any "family member", or (b) any other- person except the lessor or any employee or agent of the lessor using "your lease auto". 2. "Your lease auto" means: (a) an auto shown in the Declarations or in this endorsement which you lease for a continuous period of at least six months under a written agreement which requires you to provide primary insurance for the lessor, and (b) any substitute or replacement auto furnished by the lessor named in this endorsement. 3. If we terminate this policy, notice will also be mailed to the lessor. 4. The lessor is not responsible for payment of premiums. 5. The designation of the lessor as an additional insured shall not operate to increase our limits of liability. This endorsement must be attached to the Change Endorsement when issued after the policy is written. Copyright, Insurance Services Office, Inc., 1986