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Graham Construction-Disaster No. 4013 Flood MitigationAGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Blair, Nebraska ( "Owner ") and Graham Construction, Inc. Owner and Contractor hereby agree as follows: ARTICLE 1— WORK ( "Contractor") 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of storm sewer and paving. ARTICLE 2 — THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: DISASTER NO. 4013, FLOOD MITIGATION FAIRVIEW DRIVE PAVING ARTICLE 3 — ENGINEER 3.01 The Project has been designed by HDR Engineering, Inc 3.02 The Owner has retained HDR Engineering, Inc. ( "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 June 15, 2015, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before July 1, 2015 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 EJCDC C -520, 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 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 $ 1,500 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 Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $ 750 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. 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. 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 15th 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). EJCDC® C -520, 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 B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 97 percent of ,he Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 3 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 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 NOT USED 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 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. EJCDC® C -520, 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 H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or r discrepancies that Contractor has dis-- overed 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. 5. General Conditions (pages 1 to 65, inclusive). 6. Supplementary Conditions (pages 1 to 12, inclusive). 7. Specifications as listed in the table of contents of the Project Manual. 8. Drawings (not attached but incorporated by reference) consisting of 29 sheets with each sheet bearing the following general title: DISASTER NO. 4013, FLOOD MITIGATION, FAIRVIEW DRIVE PAVING. 9. Addenda (numbers 1 to 2, inclusive). 10. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid (pages 1 to 5, inclusive). 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. EJCDC® C -520, 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 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: 1. "corrupt practice" means the offering, giving, receiving, or .soliciting of any thing 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. EJCDC® C -520, 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 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, 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. i This Agreement will be effective on C> 0 (which is the Effective Date of the Contract). • Attest: 4IL69 Title: � It b eC K- Address for giving notices: A 0 Address for giving notices: x License No.: (where applicable) (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.) EJCDC® C -520, 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 Title F. J C DCEN ENGiNELRS J0;',T t;ONTRACT pCrCMENT5 GO4MAITEE CONTRACTOR (name and address): Graham Construction, Inc. 4403 S. 139 Street Omaha, NE 68137 OWNER (name and address): City of Blair 218 South 16 Street Blair, NE 68008 CONSTRUCTION CONTRACT Effective Date of the Agreement DECEMBER 16 2014 Amount: $474,667.00 Description (name and location): Fairview Drive Paving SURETY (name and address of principal place of business): TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA One Tower Square Hartford, Connecticut 06183 BOND Bond Number 106043482 Date (not earlier than the Effective Date of th Agreement of the Construction Contract),- DECEMBER 23, 2014 Amount: FOUR HUNDRED SEVENTY FOUR THOUSAND SIX HUNDRED SIXTY SEVEN - -- 001100 Modifications to this Bond Form: X❑ None ❑ See Paragraph 16 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. GRAHAM CONSTRUCTION, INC. Contractor's fume and Corporate Seal (seal) kill 11:11 CA TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (seal) Surety's Name and Corporate Seal By . Signature (attach power of attorney) RICHARD COLLINS Print Name Attorney -in -fact Title Attest., ZL-6 _ Signature MARK DUNSTAN, Surety Account Executive Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.. I I L C 2J-1 f)u `I4J- I -Y ffi �S. P 1 i 3 � r_ J �,i I . "I7ne 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 peribxxns 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 Paragraph 3. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after: 3.1 'line 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 perfornauice. It' 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 othen-wise, any conference requested under this Paragraph 3.I shall be held within ten (10) business days of the Surety's receipt ofthe Owner's notice. If the Owner, the Contractor, and the Surety agree, tine 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; 3.2 The Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and 3.3 The Owner has agreed to pay the Balance of the Contract Price in accordance with. the teams of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4. Failure on the port of the Owner to comply with the notice requirement in Paragraph 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 Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange fbr 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 Ibr a contract for performance and completion of the Construction Contract, arrange for a contract to bo prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bounds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and hay to the Owner the amount of damages as described in Paragraph 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 obMin a new contractor, and with reasonable- promptness Linder the circumstances: 5.4.1 After investigation, detertnine 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 5.4.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. C. If the Surety does not proceed as provided in Paragraph 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 thvaner 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 Paragraph 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. 7. If the Surety elects to act tinder Paragraph 51, 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 {honer 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: 7.1 the responsibilities of the Contractor for correction of defective wort: and completion of the Construction Contract; 7.2 additional legal, design professional, and delay costs resulting from the Contractor's Default, and resulting fibrn the actions or failure to act of the Surety under Paragraph 5; and 7.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- perfonnance of the Contractor. S. If the Surety elects to act tinder Paragraph 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, adniirniSKrators, successors, and assigns. 10. The Surety hereby waives notice of any change, including changes of tune, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. Any proceeding, legal or equitable, under this Dond may be instituted rat arty court of competent jurisdiction in the location in which the work or ptul of the work is located and Shall be instituted within two years after a declaration of Contractor Default or within VCDC C -610— Bond Published Deem) 1)ru' 2tll0 by the I;»glaccu•s ,loin) Contract Docull1wite Comwittee. Page 2 of 3 two years aver the Contractor ceased working or within two yeah after the Surety refuses or fails to perform its obligations under this Mond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum periods of limitations 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 conforning 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: 'llie total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made including allowance for the Contractor for 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 otheilvise to comply with a material term of the Construction Contact. 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 terns 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. 16. Modifications to this Bond are as follows: MCDC C -610 — Bond Published December 2010 by the Engineers Joint Contract Documents C011111►ittee. Pope 3 of 3 9 ENGINEERS JONT (ONITIRACT 00CtJ €. E"M COMMITTEE CONTRACTOR (name and address): Graham Construction, Inc. 4403S.139 th Street Omaha, NE 68137 OWNER (name and address): City of Blair 218 South 16 Street Blair, NE 68008 CONSTRUCTION CONTRACT Effective Date of the Agreement: DECEMBER 16, 2014 Amount: $474,667.00 Description (name and location): Fairview Drive Paving SURETY (name and address of principal place of business): TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA One Tower Square Hartford, Connecticut 06183 BOND Bond Number: 106043482 Date (not earlier than the Effective gate of the Agreement of the Constructivrr Contract): DECEMBER 23, 2014 Amount: FOUR HUNDRED SEVENTY FOUR THOUSAND SIX HUNDRED SIXTY SEVEN --- 00/100 Modifications to this Bond Form: [i] None ❑ See Paragraph 18 Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Payment Band to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL GRAHAM CONSTRUCTION, INC. Contractor's Name and Corporate Seal TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA (seal) (seal) Title Surety's Name and Corporate Seal Title Notes: (1) Provide supplemental execution by any additional parties, such as joint venturers. (2) Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where appEcable. 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 thte following terinls. 2. If the Contractor promptly intakes payment of all sums due to Claimants, and defends, indemnifies, and holds harmless the Owner ii 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 tinder this Bond. 3. If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owiier under this Bond shall arise after the (honer has promptly notified the Contractor and Elie Surety (at the address described in Ptuagrapli 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. 4. When the Owner has satisfied the conditions in Paragraph 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, 5.1.1 have furrtislted a written notice of non - payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whoitn the materials xere, or equipment was, limiished 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 5.1.2 have sent a Claim to the Surety (at the address described in Paragraph 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 Paragraph 13). 7. When a Claimant has satisfied the conditions of Paragraph 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 atnounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 `lie Surety's failure to discharge its obligations under Paragraph 7.1 or 7.2 shall not be deemed to constitute a Avaiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for Nilltich the Surety and Claimant have reached agreement, If, however, the Surety fails to discharge its obligations under Paragraph 7.1 or 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. S. The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided undo Paragraph 7.3, and the amount of this Bond shall be credited for any payinents made in good faith by the Surety. 9. Amounts owed by the Ommier 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 funiishing 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 fmids for the completion of the work. 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. mic Owner shrill 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 pa)wents to or give notice on behalf of Claimants, or otherwise have any obligations to Claimants under this Bond. 11. Ilse 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 tinder 6. If a notice of iron - payment required by Paragraph 5.1.1 is this Bond other than in a court of competent jurisdiction in given by the Owner to the Contractor, that is sufficient to the state in which the project that is the subject of the satisfy a Chainaant's obligation to furnish ra written notice of Comb unction Contract is located or Finer the e \piration of non - payment under Paragraph 5.1.1. one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or MCDC C -615, Payment Dond Published December 2010 by the Engineers .loint Confi-act DOCUalleiatS Commiltee. Page 2 of 3 (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 herefrorn 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. 15. Upon requests by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor slid Owner shall promptly furnish a copy of this Bond or shall peritut 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. 'Cl)e 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. 'Ilse date on which the Clahnant last performed labor or last furnished n)aterials or equipment for use in the performance of the Construction Contract; 6. "Tire total amount earned by the Claimant for labor, materials, or equipment ftir- )ished as of the date of the Claim; 7. Z tae total amount of previous payments received by the Claimant; and 8. Ilse total amount due and unpaald to the Claimant for labor, materials, or equipment furnished as of the date of the Chaim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to tuniish 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 it claim under an applicable inecl)nnic's lien or sin)ilar statute against the real property upon) which the Project is located. The intent of this Dor►d shall be to include without limitation in the terns of "labor, materials, or equipment" that part of the water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contractt, architectural and engineering services required for performance of the work of the Contractor slid 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 Documents and all changes made to the agreement and the Contract Documents, 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. V this Bond is issued for an agreement between a contractor and subcontractor, il)e team) Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18. Modifications to this Bond are as fbllaws: 1s.lC:'1)C C" 6X;5, X's►ytixcnt Rond Published December 2010 by tht, Rmgi►►eers Joint Contract Documents Committee. Pag 3 t)(3 • • :rl_! _ Z rem 1 i On this 23 day of DECEMBER, 2014 before me _ ��- Notar Public of the Province of Alberta aforesaid, residing therein, duly commissioned and sworn, personally came RICHARD COLLINS to me known, who being by me duly sworn according to law, did swear and say that he /she resides in the Town of Chestermere, Province of Alberta: • that he /she is an Attorney -in -Fact of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA he /she knows the seal of said corporation: • that it was so affixed by order of The Board of Directors of said corporation and that he /she signed this name thereto by like order: • that he /she executed and delivered such instrument on behalf of said corporation as its voluntary act and deed for the uses and purposes therein mentioned. No Expiry My Commission Expires Attorney -In Fact No. 227737 Certificate No. 0 0605951 1 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Jay Sinclair, Dustin Linke, Richard Collins, Jodi Hawkins, Shannon Simpson, and Mark Dunstan of the City of Calgary, Alberta , State of Canada , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 12th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of September 2014 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company ny�h� c Jy 41RE � /L�7 r � *N INS 9 J��• 1NSU "'.. tY ANO ,���;A�Y * o ° INCORPORATED b t ANC _ 1982 - 0 1997 ; ms = Q HARTFORD, < e �• HARYF6 it �`� a mho € 1896 `l r ,L�� A _a / ry 2 sG � rp1N`C � g < ��ds A46 4J s7 SEAT�D y CONN. State of Connecticut City of Hartford ss. By. Robert L. Raney, enior Vice President On this the 12th day of September 2014 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. G,T In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 41G Cs Marie C. Tetreault, Notary Public 58440 -8 -12 Printed in U.S.A. RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United`States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of � 20 AP tl Kevin E. Hughes, Assistant Sec tary A6U qya�• ` 4RE +wa, Umr G fl A �� oy Jy F 4ye O� *N.I/{s,�9 ,� J ptTY ANas p�ty�'o 19,7 �NCOAPO�tATED via ar c.C,; 3 apoaar r 1 m : m•co 14 8 2 d c _ s m 3 i f ; n= 1 HA ONO. HAfitFbRn � N �NCOR�gAD 5k N L ip`�; sue' SEAL �, CONN. o GONN. G 1$96 y6 /� � 6 d w Fad •y V� 'q/ ANV" d * � � � �ninn enm o, n� k, 1S . /.N ,,r y '} •ly .......•• *� ra , To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to: City of Blair 228 South 16 th Street, Blair, NE 68008 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to' Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. 2.02 BIDDER will sign and deliver the required number of counterparts of the AGREEMENT with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER's.Notice of Award. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C: Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder 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 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. 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 1 E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site - related reports and drawings identified in the Bidding 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 Bidder; and (3) Bidder's safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder 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 Bidding Documents. M. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Engineer is acceptable to Bidder. I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 — BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.1): 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid 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 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 2 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 a execution of the Contract. ARTICLE 5 - BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): Item No. Description Estimated Quantity Unit Bid Unit Price Bid Price 1. Mobilization 1 LS Y7, o ©v. ee3 A/7 , ooe . e7o 2. Clearing and Grubbing General 1 LS 1r doe .ao /5"� OoQ. c5o 3. Earthwork (Embankment )(Established 1 Quantity) 1 LS /.d ©da,00 /.5 ; '066, nz> 4. Topsoil Removal 9,500 SY D. &6 �, `700, 00 5. Topsoil Placement 9,500 SY 0- 60 5 '7cxni.oc, 6. Remove and S_ tockpile Granular Surfacing 642 SY 3 •SO ^ q - 7 ©o 7. Saw Cut - Full Depth 824 LF .3.00 2 4-172 . av 8. Remove Pavement 3 SY 5"• 00 l (d - .7.5". 60 9. Remove 18" or Smaller Culvert Pipe 37 LF /2 . oo Al ©o 10. Adjust Water Valve to Grade 5 EA 2400. / , o 00. 11. Adjust Manhole to Grade 3 EA 2-1 7 - 5 - 0 , oa 12. External Frame Seal 2 EA as 00 S moo- ®e 13. Flowable Fill 3 CY 256,00 14. Aggregate Bedding -18" RCP 63 LF 0.00 �oyod 15. Construct 18" R.C.P., Class 111 105 LF �9. 1 71 I-VO. cad 16. Construct Curb Inlet -Type 1 5 EA y© 1 2 " 2 - 5­2 .00 17. Construct Curb Inlet - Type I Top 5 EA oo o'n 18. Subgrade 'Preparation 13.4 STA ,�4D. 00 19. Geotextile Fabric 7,460 SY Z 7f o��" /� ®o 20. Aggregate Base Course -- Contractor Furnished 2,460 SY 7. 7�i` �`� ✓ �� cqn 21. Place Asphalt Base Course - Owner Furnished 5,000 SY oeo . od 22. Unsuitable Subgrade Material 50 CY 'q, 00 load �a 23. 6" Concrete Pavement -Type L65 1,818 SY -� 4, n�a .�"�/, -1 0 a0 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 Item No. Description Estimated Quantity Unit Bid Unit price Bid Price 24. 9" Concrete Pavement - Type L65 5,945 SY � -t 25. Curb Inlet Protection 5 EA ;2.3 0 ,a-, 1 r 2-6"0 ce�p 26. Seeding , Type "B" 2.0 AC !, -Yoo • on �5?et�) . co [ Total of All Unit Price Bid Items $`/7A/, GG 7, ©o 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. Total of Lump Sum and Unit Price Bids = Total Bid Price $ ,�, y� G G 7 , a© vd" AuJIdred se v° n r�i T4�'!'' T �D�14nd , .fi�X �j yad, sl ,Y6 ` se yfo dolle n e yr e/l ARTICLE 6 -TIMIE OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 — ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. 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 4 ARTICLE 9 — BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] raham Construction, 711nc. By: [Signature] [Printed name] I Greg Ritke, District Manager (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.) 1.117 Attest: [Signature] [Printed name] David Re x i n Title: Project Manager Submittal Date: November 25, 2014 Address forgiving notices: 4403 S. 139th Street Omaha, NE 68137 Telephone Number: (402)891-9651 Fax Number: (402)891-9652 Contact Name and e-mail address: David Rexin, Daver Bidder's License No.: 27403 ( Nebraska Dept. of Labor) (where applicable) 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 5 GRAHCON -06 MJ OHNSON 1 A 4 CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 12/19/2014 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 Hub International Northwest LLC 12100 NE 195th St. Suite 200 Bothell, WA 98011 CONTACT NAME: PHONE (425) 489 -4500 Fvc No): (425) 485 -8489 A/c Ext E -MAIL IL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Property Casualty Insurance Company 36161 INSURED INSURER B: The Travelers Indemnity Company 25658 INSURER C Graham Construction, Inc. 4403 S 139th St INSURER D : 05/01/2015 INSURER E: DAMAGE TO RENTED PREMISES Ea occurrence Omaha, NE 68137 INSURER F Owner's & Contractor ,, %Alr - r,A -CC• rCOTICIfIATC AIII IMRFR• REVISION NUMBER: VUV GR/1%7V-Q vV.%... .v. - . 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. RI ILTR TYPE OF INSURANCE ADDL D SUBR WVD POLICY NUMBER POLICY EFF (MM/DD POLICY EXP MMIDD LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X CLAIMS -MADE OCCUR ❑ VTJ- EXGL- 5643B950- TIL -14 05/01/2014 05/01/2015 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 Owner's & Contractor X MED EXP (Any one person) $ 15,000 X WA STOPGAP PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - POLICY ) PRO JECT FI LOC GENERAL AGGREGATE $ 4,000,000 - PRODUCTS COMP /OP AGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY Ea acccideD SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO VTK- CAP- 5643B962- IND -14 05/01/2014 05/01/2015 BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS X X NON -OWNED HIRED AUTOS AUTOS PROPERTY err accident DAMAGE $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ WORKERS COMPENSATION _ X H STATUTE ER $ E.L. EACH ACCIDENT $ 1,000,000 B AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE VTK- UB- 4E74498 -3 -14 05/01/2014 05/01/2015 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 F OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 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) RE: N14027 Disaster No. 4013, Flood Mitigation Fairview Drive Paving Blair, Nebraska Additional Insured as required by written contract: City of Blair, Nebraska. See attached endorsement CERTIFICATE HOLUEK I ""` CITY OF BLAIR, NEBRASKA 218 S. 16TH STREET BLAIR, NE 68008 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 ACORD 25 (2014/01) U 'I yt$tf-ZU'14 AUUKU UUKrUMIA I wlN. H11 F19111., 1 CJC1 VCU. The ACORD name and logo are registered marks of ACORD Policy #VTJ- EXGL- 5643B950- TIL -14 COMMERCIAL GENERAL LIABILITY �•- -• - - ZLANKET AD (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury "; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury ", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 @ 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must:. _ _ _ 5. L Immediately record the specifics of the claim or "suit" and the date received; and iii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit ", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary .to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 U 2005 The St, Paul Travelers Companies, Inc. CG D2 46 08 05 Policy 4VTJ- EXGL- 5643B950- TIL -14 COMMERCIAL GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured — Newly Acquired Or Formed Organizations F. Who Is An Insured — Broadened Named insured -- Unnamed Subsidiaries G. Blanket Additional Insured — Owners, Managers Or Lessors Of Premises H. Blanket Additional Insured — Lessors Of Leased Equipment 1. Blanket Additional Insured — States Or Political Subdivisions — Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability — Railroads PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage ". Exclusion f.(1)(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section I -- Coverage A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion — All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to "premises damage" as described in Para- graph 6. of SECTION III — LIMITS OF IN- SURANCE. COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will - pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occur- - rence ", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.1b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- _. AGE: b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of "oc- definition of "insured contract" in the DEFINI- currence" in the DEFINITIONS Section: TIONS Section: "Occurrence" also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that portion of the contract fora -, }- -rne — serviciers- aid oT lease of premises that indemnifies any "Good Samaritan services" to a person, person or organization for "premises damage" is not an "insured contract "; 2. The following is added to Paragraph 2.a.(1) of SECTION II —WHO IS AN INSURED: 5. The following is added to the DEFINITIONS Section: Paragraph (1)(d) above does not apply to 1 "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days, 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage "; or 7. Paragraph 4.b.(1)(c) of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. 'bodily injury arising out of providing or fail- ing to provide: (i) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers ", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services ", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence ". 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- - jori ownership interest will qualify as a Named Insured if there is no other insurance which provides similar coverage to that or- ganization. However: 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I — COV- ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x -ray or nursing service or treatment, advice or instruction, or the related furnishing of a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; food or beverages; or b. Coverage A does not apply to "bodily injury" b. The furnishing or dispensing of drugs or or "property damage" that occurred before art di a1; r1ta1; — �s �glc ca� 1 pplies or i - -- appliances, c. Coverage B does not apply to "personal in- "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured, E. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION 11 — WHO IS AN INSURED: jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED — BROADENED NAMED INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidiary, COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury ", "property damage ", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: H. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury "property dam- age", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such a. The limits of insurance provided to such premises owner, manager or lessor will be equipment lessor will be the minimum limits the minimum limits which you agreed to pro- which you agreed to provide in the written vide in the wr itten contract or agr or contract or agreement, or the limits shown on the Declarations l ess he times shown on � De ions, wffiFd = __ are ever are less. b. The insurance provided to such equipment b. The insurance provided to such premises lessor does not apply to any "bodily injury" or owner, manager or lessor does not apply to: property damage that occurs, or personal injury or advertising injury „ caused by an of- (1) Any "bodily injury” or "property damage" fense that is committed, after the equipment that occurs, or "personal injury" or "adver- lease expires. tising injury" caused by an offense that is c. The insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises; or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or c. The insurance provided to such premises nor,- contributory with, such other insurance, owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non - contributory with, such other in- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS — PERMITS the written contract or agreement that this in- surance must be primary to, or non- The following is added to SECTION II —WHO IS contributory with, such other insurance, in AN INSURED: which case this insurance will be primary to, Any state or political subdivision that has issued a and non - contributory with, such other insur- permit in connection with operations performed by ance. you or on your behalf and that you are required COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury ", "property damage ", "personal in- jury" or -" advertising injury" arising out of such op erations. (ii) A manager of any limited liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products- completed operations hazard ". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense, (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur - rence" or offense is known by: (a) Any individual who is: (i) A partner or member of any part- nership or joint venture; (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "b0 y nnjury or property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV -- COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 3., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -- COMMERCIAL GENERAL LI- ABILITY CONDITIONS: COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- N. curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c, of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. COMMERCIAL GENERAL LIABILITY (1) Damages under Coverage A, except the Schedule above and described in damages because of "bodily injury" or 2. below, the Designated Project Ag- "property damage" included in the gregate Limit for any other desig- "products- completed operations haz- nated "project" shown in the Sched- ard"; ule above or the Designated Location (2) Damages under Coverage B; and Aggregate Limit shown in the Sched- ule above, (3) Medical expenses under Coverage C. d. Subject to the Total Aggregate Limit c. A Designated Project Aggregate Limit is shown in the Schedule above and de- provided and is also shown in the Sched- scribed in b. above, a Designated Loca- ule above, The Designated _ Project. Ag- -tion Aggregate Limit is provided and is gregate Limit is subject to all of the follow- also shown in the Schedule above. The ing provisions: Designated Location Aggregate Limit is (1) The Designated Project Aggregate subject to all of the following provisions: Limit is the most we will pay for the (1) The Designated Location Aggregate sum of: Limit is the most we will pay for the (a) Damages under Coverage A be- sum of: cause of "bodily injury" and (a) Damages under Coverage A be- "property damage" caused by cause of "bodily injury" and "occurrences" and "property damage" caused by (b) Medical expenses under Cover- "occurrences" and age C for "bodily injury" caused (b) Medical expenses under Cover - by accidents; age C for "bodily injury" caused which can be attributed only to opera- by accidents; tions at a single designated "project" which can be attributed only to opera - shown in the Schedule above. tions at a single designated "location" (2) The Designated Project Aggregate shown in the Schedule above. Limit applies separately to each des- (2) The Designated Location Aggregate ignated "project ". Limit applies separately to each des - (3) The Designated Project Aggregate ignated 'location ", Limit does not apply to damages be- (3) The Designated Location Aggregate cause of "bodily injury" or "property Limit does not apply to damages be- damage" included in the "products- cause of "bodily injury" or "property completed operations hazard. In- damage" included in the "products - stead, the Products - Completed Op- completed operations hazard." In- erations Aggregate Limit shown in the stead, the Products - Completed Op- Schedule above and described in 3. erations Aggregate Limit shown in the below applies to such damages. Schedule above and described in 3. (4) The Designated Project Aggregate below applies to such damages. Limit does not apply to damages un- (4) The Designated Location Aggregate der Coverage B. Instead, the General Limit does not apply to damages un- Aggregate Limit shown in the Sched- der Coverage B. Instead, the General ule above and described in 2. below Aggregate Limit shown in the Sched- applies to such damages. ule above and described in 2. below (5) Any payments made for damages or applies to such damages. medical expenses to which the Des- (5) Any payments made for damages or ignated Project Aggregate Limit ap- medical expenses to which the Des - plies shall reduce the Designated ignated Location Aggregate Limit ap- Project Aggregate Limit for that des- plies shall reduce both the Total Ag- ignated "project ". Such payments gregate Limit shown in the Schedule shall not reduce the Total Aggregate above and the Designated Location Limit shown in the Schedule above, Aggregate Limit for that designated the General Aggregate Limit shown in "location ". Such payments shall not Page 2 of 4 G 2009 The Travelers Companies, Inc. CG D4 69 01 09 COMMERCIAL GENERAL LIABILITY reduce the General Aggregate Limit shown in the Schedule above and described in 2. below, the Designated Project Aggregate Limit shown in the Schedule above or the Designated Location Aggregate Limit for any other designated "location" shown in the Schedule above. 2. Subject to the Total Aggregate Limit shown in the Schedule above and described in 1.b. above, a General Aggregate Limit is provided and is also shown in the Schedule above. The General Aggregate Limit is subject to all of the following provisions: a. The General Aggregate Limit is the most we will pay for the sum of: (1) Damages under Coverage A be- cause of "bodily injury" and "property damage" caused by "occurrences ", and medical expenses under Cover- age C for "bodily injury" caused by accidents, which cannot be attributed only to operations at a single desig- nated "project" or "location" shown in the Schedule above; and (2) Damages under Coverage B. b. The General Aggregate Limit does not apply to damages for "bodily injury" or "property damage" included in the "prod- ucts- completed operations hazard." In- stead, the Products- Completed Opera- tions Aggregate Limit shown in the Schedule above and described in 3. be- low applies to such damages. c. Any payments made for damages or medical expenses to which the General Aggregate Limit applies shall reduce both the Total Aggregate Limit shown in the Schedule above and the General Aggre- gate Limit shown in the Schedule above. Such payments shall not reduce the Des- ignated Project Aggregate Limit for any designated "project" shown in the Sched- ule above or the Designated Location Aggregate Limit for any designated "loca -- tion" shown in the Schedule above. 1 If coverage for liability arising out of the "products- completed operations hazard" is provided, the Products - Completed Operations Aggregate Limit shown in the Schedule above is the most we will pay under Coverage A for damages because of "bodily injury" or "prop- erty damage" included in the "products- completed operations hazard ". Any payments made for such damages shall reduce the Products - Completed Operations Aggregate Limit shown in the Schedule above. Such payments shall not reduce the Total Aggre- gate Limit shown in the Schedule above, the General Aggregate Limit shown in the Schedule above, the Designated Project Ag- gregate Limit for any designated "project" shown in the Schedule above or the Desig- nated Location Aggregate Limit - for any des- ignated "location" shown in the Schedule above. 4. Subject to the Total Aggregate Limit and the General Aggregate Limit shown in the Schedule above and described in 1.b. and 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal injury" and all "advertising injury" sustained by any one person or organization. 5. Subject to the Total Aggregate Limit and ei- ther the Designated Location Aggregate Limit or the General Aggregate Limit, subject to the Designated Project Aggregate Limit or subject to the Products - Completed Operations Ag- gregate Limit, shown in the Schedule above and described in 1.b., 1.c., 1.d., 2. and 3. above, whichever apply or applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence ". 6. Subject to the Each Occurrence Limit shown in the Schedule above and described in 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Cov- erage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to the Each Occurrence Limit shown in the Schedule above and described in 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part ap- ply separately to each consecutive annual period and to any remaining period of less than 12 CG D4 69 01 09 0 2009 The Travelers Companies, Inc, Page 3 of 4 COMMERCIAL GENERAL LIABILITY months, starting with the beginning of the policy period shown in the Declarations, unless the pol- icy period is extended after issuance for an addi- tional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. B. The following is added to the DEFINITIONS Sec- tion: "Location" means any premises owned by or rented to you shown in the Schedule above. For the purposes of determining the applicable ag- gregate limit of insurance, each "location" that in- cludes a premises involving the same or connect- ing lots, or premises whose connection is inter- rupted only by a street, roadway or waterway, or by a right -of -way of a railroad, shall be considered a single "location ". "Project" means any area, away from premises owned by or rented to you, shown in the schedule above at which you are performing operations pursuant to a contract or agreement. For the pur- poses of determining the applicable aggregate limit of insurance, each "project" that includes a premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or waterway, or by a right -of- way of a railroad, shall be considered a single "project ". Page 4 of 4 @ 2009 The T 'ravelers Companies, Inc. CG D4 69 01 09 Policy #VTJ- EXGL- 5643B950- TIL -14 COMMERCIAL GENERAL LIABILITY 11111��w SUM • . , This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section If) is amended c) to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury ", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury ", "'prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including 1. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance ". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 @ 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY L How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must:_ L Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit ", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary .to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 O 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05