HomeMy WebLinkAbout000450 Original Contract1
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1 GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES
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For information regarding this project, contact
Terry Dahiquist, City of Port Angeles
360- 417 -4702
for
MARCH, 2012
PROJECT MANUAL
ECLIPSE INDUSTRIAL PARK
FEEDER UPGRADE
PROJECT NO. CL01 -2006
CITY OF PORT ANGELES
WASHINGTON
City of Port Angeles
Record #000450
MICHAEL C. PUNTENNEY, P.E., DEPUTY DIRECTOR OF ENGINEERING SERVICES
WITNESSETH:
PUBLIC WORKS
CONTRACT
This Contract is made and entered into in duplicate this lday of /mil 2012 by
and between the City of Port Angeles, a non charter code city of the State of Washington,
hereinafter referred to as "the City", and Magnum Power, LLC, hereinafter referred to as "the
Contractor
Whereas, the City desires to have certain public work performed as hereinafter set forth,
requiring specialized skills and other supportive capabilities; and
Whereas, the Contractor represents that it is qualified and pos sufficient skills and the
necessary capabilities to perform the services set forth in this Contract.
NOW, THEREFORE, in consideration of the terms, conditions, and agreements contained
herein, the parties hereto agree as follows:
1. Scope of Work.
The Contractor shall do all work and furnish all tools, materials, and equipment in order to
accomplish the following project:
Eclipse Industrial Park Feeder Upgrade, Project #CL01 -2006.
in accordance with and as described in:
A. this Contract, and
B. the Project Manual, which include the attached plans, Specifications, Special
Provisions, submittal requirements, attachments, addenda (if any), Bid Form,
Performance and Payment Bond, and
C. the 2010 Standard Specifications for Road, Bridge,1 and Municipal Construction
prepared by the Washington State Department of Transportation, as may be
specifically modified in the attached Specifications and/or Special Provisions,
hereinafter referred to as "the standard specifications and
D. the most current edition of the City of Port Angeles Urban Services Standards and
Guidelines,
E. Electrical construction standards of the City of Port Angeles Department of Public
Works and Utilities,
and shall perform any alterations in or additions to the work provided under this Contract and every
part thereof.
The Contractor shall provide and bear the expense of all equipment, work, and labor of any
sort whatsoever that may be required for the transfer of materials and for constructing and
completing the work provided for in this Contract, except as may otherwise be provided in the
Project Manual.
2. Time for Performance and Liauidated Damaees.
A. Time is of the essence in the performance of this Contract and in adhering to the time
frames specified herein. The Contractor shall commence work within 10 days after
receiving a notice to proceed from the City, and said work shall be physically
completed within 180 calendar days from the notice to proceed, unless a different
time frame is expressly provided in writing by the City.
B. If said work is not completed within the time for physical completion, the Contractor
may be required at the City's sole discretion to pay to the City liquidated damages as
set forth in the Project Manual, for each and every day said work remains
uncompleted after the expiration of the specified time.
3. Compensation and Method of Payment.
A. The City shall pay the Contractor for work performed under this Contract as detailed
in the bid, as incorporated in the Project Manual.
B. Payments for work provided hereunder shall be made following the performance of
such work, unless otherwise permitted by law and approved in writing by the City.
No payment shall be made for any work rendered by the Contractor except as
identified and set forth in this Contract.
C. Progress payments shall be based on the timely submittal by the Contractor of the
City's standard payment request form.
D. Payments for any alterations in or additions to the work provided under this Contract
shall be in accordance with the Request For Information (RFI) and/or Construction
Change Order (CCO) process as set forth in the Project Manual. Following approval
of the RFI and/or CCO, the Contractor shall submit the standard payment request
form(s).
E. The Contractor shall submit payment requests with a completed Application for
Payment form, an example of which is included in the Attachments to this Contract.
This form includes a lien waiver certification and shall be notarized before
submission. Applications for payment not signed or notarized shall be considered
incomplete and ineligible for payment consideration. The City shall initiate
authorization for payment after receipt of a satisfactorily completed payment request
form and shall make payment to the Contractor within approximately thirty (30) days
thereafter.
4. Independent Contractor Relationship.
The relationship created by this Contract is that of independent contracting entities. No
agent, employee, servant, or representative of the Contractor shall be deemed to be an employee,
agent, servant, or representative of the City, and the employees of the Contractor are not entitled to
any of the benefits the City provides for its employees. The Contractor shall be solely and entirely
responsible for its acts and the acts of its agents, employees, servants, subcontractors, or
representatives during the performance of this Contract. The Contractor shall assume full
responsibility for payment of all wages and salaries and all federal, state, and local taxes or
11 -2
contributions imposed or required, including, but not limited to, unemployment insurance, workers
compensation insurance, social security, and income tax withholding.
5. Prevailing Waae Reauirements.
The Contractor shall comply with applicable prevailing wage requirements of the
Washington State Department of Labor Industries, as set forth in Chapter 39.12 RCW and
Chapter 296 -127 WAC. The Contractor shall document compliance with said requirements and
shall file with the City appropriate affidavits, certificates, and/or stat of compliance with the
State prevailing wage requirements. The Washington State Prevailing Wage Rates For Public
Works Contracts, Clallam County, incorporated in this Contract have been established by the
Department of Labor Industries and are included as an Attachment to this Contract. The
Contractor shall also ensure that any subcontractors or agents of the Contractor shall comply with
the prevailing wage and documentation requirements as set forth herein.
6. Indemnification and Hold Harmless.
A. The Contractor shall defend, indemnify, and hold harmless the City, its officers,
officials, employees, and volunteers against and from any and all claims, injuries,
damages, losses, or suits, including attorney fees, arising out of or in connection with
the performance of this Contract, except for injuries and damages caused by the sole
negligence of the City.
B. Should a court of competent jurisdiction determine that this Contract is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent
negligence of the Contractor and the City, its officers, officials, employees, and
volunteers, the Contractor's liability hereunder shall be only to the extent of the
Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Contractor's waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The
provisions of this section shall survive the expiration or termination of this Contract.
7. Insurance.
The Contractor shall procure, and maintain for the duration of the Contract, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, their agents, representatives,
employees or subcontractors. Failure by the Contractor to maintain the insurance as required shall
constitute a material breach of contract upon which the City may, after giving five working days
notice to the Contractor to correct the breach, immediately terminate the Contract or at its
discretion, procure or renew such insurance and pay any and all premiums in connection therewith,
with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City,
off set against funds due the Contractor from the City.
A. Minimum Scope of Insurance
The Contractor shall obtain insurance of the types described below:
11 -3
Automobile Liability insurance covering all owned, non owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
ii. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
stop gap liability, independent contractors, products completed operations,
personal injury and advertising injury, and liability assumed under an insured
contract. The Commercial General Liability insurance shall be endorsed to
provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85.
There shall be no endorsement or modification of the Commercial General
Liability insurance for liability arising from explosion, collapse or
underground property damage. The City shall be named as an insured under
the Contractor's Commercial General Liability insurance policy with respect
to the work performed for the City using ISO Additional Insured
endorsement CG 20 10 10 01 and Additional Insured- Completed Operations
endorsement CG 20 37 10 01 or substitute endorsements providing
equivalent coverage.
iii. Workers' Comnensation coverage as required by the Industrial Insurance
laws of the State of Washington.
iv. Builders Risk insurance covering interests of the City, the Contractor,
Subcontractors, and Sub contractors in the work. Builders Risk insurance
shall be on a all -risk policy form and shall insure against the perils of fire and
extended coverage and physical loss or damage including flood and
earthquake, theft, vandalism, malicious mischief, collapse, temporary
buildings and debris removal. This Builders Risk insurance covering the
work will have a deductible of $5,000 for each occurrence, which will be the
responsibility of the Contractor. Higher deductibles for floor and earthquake
perils may be accepted by the City upon written request by the Contractor
and written acceptance by the City. Any increased deductibles accepted by
the City will remain the responsibility of the Contractor. The Builders Risk
insurance shall be maintained until final acceptance of the work by the City.
B. Minimum Amounts of Insurance
The Contractor shall maintain the following insurance limits
Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
ii. Commercial General Liability insurance shall be written with limits no less
than $3,000,000 each occurrence, $3,000,000 general aggregate and a
$3,000,000 products completed operations aggregate limit
iii. Builders Risk insurance shall be written in the amount of the completed value
of the project with no coinsurance provisions.
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C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability and Commercial General Liability insurance.
The Contractor's insurance coverage shall be primary insurance with respect
to the City. Any insurance, self insurance, or insurance pool coverage
maintained by the City shall be in excess of the Contractor's insurance and
shall not contribute with it.
ii. The Contractor shall provide City and all Additional Insureds with written
notice of any policy cancellation, within two (2) business days of their receipt
of such notice
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
E. Verification of Coverage
The Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the Automobile Liability and Commercial Gen Liability insurance of the
Contractor before commencement of the work. Before any exposure to loss may occur, the
Contractor shall file with the City a copy of the Builders Risk insurance policy that includes
all applicable conditions, exclusions, definitions, terms and endorsements related to this
project.
F. Contractor's Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage from any cause
whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or
motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or
subcontractors as well as to any temporary structures, scaffolding and protective fences.
G. Waiver of Subrogation
The Contractor and the City waive all rights against each other, any of their subcontractors,
lower tier subcontractors, agents and employees, each of the other, for damages caused by
fire or other perils to the extent covered by Builders Risk insurance or other property
insurance obtained pursuant to the Insurance Requirements Section of this Contract or other
property insurance applicable to the work. The policies shall provide such waivers by
endorsement or otherwise.
8. Compliance with Laws.
A. The Contractor shall comply with all applicable federal, state, and local laws,
including regulations for licensing, certification, and operation of facilities and
programs, and accreditation and licensing of individuals, and any other standards or
criteria as set forth in the Project Manual.
11 -5
B. The Contractor shall pay any applicable business and permit fees and taxes which
may be required for the performance of the work.
C. The Contractor shall comply with all legal and permitting requirements as set forth in
the Project Manual.
9. Non discrimination.
The parties shall conduct their business in a manner which assures fair, equal and
nondiscriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era
veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in
particular:
A. The parties will maintain open hiring and employment practices and will welcome
applications for employment in all positions from qualified individuals who are
members of the above stated minorities.
B. The parties will comply strictly with all requirements of applicable federal, state or
local laws or regulations issued pursuant thereto, relating to the establishment of
nondiscriminatory requirements in hiring and employment practices and assuring the
service of all patrons and customers without discrimination with respect to the
above stated minority status.
10. Assignment and Subcontractors.
A. The Contractor shall not assign this Contract or any interest herein, nor any money
due to or to become due hereunder, without first obtaining the written consent of the
City.
B. The Contractor shall not subcontract any part of the services to be performed
hereunder without first obtaining the consent of the City and complying with the
provisions of this section.
C. In the event the Contractor does assign this contract or employ any subcontractor, the
Contractor agrees to bind in writing every assignee and subcontractor to the
applicable terms and conditions of the contract documents.
D. The Contractor shall, before commencing any work, notify the Owner in writing of
the names of any proposed subcontractors. The Contractor shall not employ any
subcontractor or other person or organization (including those who are to furnish the
principal items or materials or equipment), whether initially or as a substitute,
against whom the Owner may have reasonable objection. Each subcontractor or
other person or organization shall be identified in writing to the Owner by the
Contractor prior to the date this Contract is signed by the Contractor. Acceptance of
any subcontractor or assignee by the Owner shall not constitute a waiver of any right
of the Owner to reject defective work or work not in conformance with the contract
documents. If the Owner, at any time, has reasonable objection to a subcontractor or
assignee, the Contractor shall submit an acceptable substitute.
E. The Contractor shall be fully responsible for all acts and omissions of its assignees,
subcontractors and of persons and organization directly or indirectly employed by it
11-6
and of persons and organizations for whose acts any of them may be liable to the
same extent that it is responsible for the acts and omissions of person directly
employed by it.
F. The divisions and sections of the specifications and the identifications of any
drawings shall not control the Contractor in dividing the work among subcontractors
or delineating the work to be performed by any specific trade.
G. Nothing contained in the contract documents shall create or.be construed to create
any relationship, contractual or otherwise, between the Owner and any subcontractor
or assignee. Nothing in the contract documents shall create any obligation on the
part of the Owner to pay or to assure payment of any monies due any subcontractor
or assignee.
H. The Contractor hereby assigns to the City any an 1 3 all claims for overcharges
resulting from antitrust violations as to goods and materials purchased in connection
i
with this Contract, except as to overcharges resulting from antitrust violations
commencing after the date of the bid or other event establishing the price of this
Contract. In addition, the Contractor warrants and represents that each of its
suppliers and subcontractors shall assign any and all such claims for overcharges to
the City in accordance with the terms of this provision. The Contractor further
agrees to give the City immediate notice of the existence of any such claim.
I. In addition to all other obligations of the contractor, l if the contractor does employ
any approved subcontractor, the contractor shall supply to every approved
subcontractor a copy of the form, provided in the project manual, to establish written
proof that each subcontract and lower -tier subcontract is a written document and
contains, as a part, the current prevailing wage rates. [The contractor, each approved
subcontractor and each approved lower -tier subcontractor shall complete and deliver
the form directly to the City.
11. Contract Administration.
This Contract shall be administered by on behalf of the
Contractor and by Terry Dahlquist on behalf of the City. Any written notices required by the terms
of this Contract shall be served or mailed to the following addresses:
Contractor: City:
Magnum Power, LLC
6902 NE 219` St.
Battle Ground, WA 98604
12. Interpretation and Venue.
This Contract shall be interpreted and construed in accordance with the laws of the State of
Washington. The venue of any litigation between the parties regarding this Contract shall be
Clallam County, Washington.
11 -7
City of Port Angeles
P.O. Box '1150
321 East Fifth Street
Port Angeles, WA 98362 -0217
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the
day and year first set forth above.
CONTRACTOR:
Magnum Power, LLC
By:, c
Title: AA
CITY OF PORT ANGELES:
By:
City Manager
Approv d as to Form:
ity Attorney
Attest:
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, Magnum Power, LLC as Principal, and Travelers Casualty
and Surety Company of America a corporation, organized and existing under the
laws of the State of Waskingtoox as a surety corporation, and qualified under the laws of the State
of Washington to become surety upon bonds of contractors with municipal corporations as surety,
are jointly and severally held and firmly bound to the City of Port Angeles in the penal sum of
$One Hundred Seventy -Nine Thousand Thirty -Six and 83/100 ($179,036.83) for the payment of which sum on
demand we bind ourselves and our successors, heirs, administrators or personal representatives,
as the case may be. Connecticut
This obligation is entered into pursuant to the statutes of the State of Washington and the
ordinances I of the City of Port Angeles. �1
Dated at 1 A I'nnh Washington, this 1/14 day of I+ v 1(1. 2012.
The conditions of the above obligation are such that:
WHEREAS, the City of Port Angeles has let or is about to let to the said Magnum Power, LLC
the above bounded
Principal, a certain contract, the said contract being numbered CL01 -2006, and providing for
Eclipse Industrial Park Feeder Upgrade (which contract is referred to herein and is made a part
hereof as though attached hereto), and
WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and
undertake to perform the work therein provided for in the manner and within the time set forth; now,
therefore,
If the said Principal. Magnum Power, LLC shall faithfully
perform all of the provisions of said contract in the manner and within the time therein set forth, or
within such extensions of time as may be granted under said contract, and shall pay all laborers,
mechanics, subcontractors and materialmen, and all persons who shall supply said Principal or
subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify
and hold the City of Port Angeles harmless from any damage or expense by reason of failure of
performance as specified in said contract or from defects appearing or;developing in the material
or workmanship provided or performed under said contract within a period of one year after its
acceptance thereof by the City of Port Angeles, then and in that event, this obligation shall be void;
but otherwise, it shall be and remain in full force and effect.
Signed this day of
Travelers Casualty and Surety Company
Surety of America
By AIV.O+,nC
Vicki Mather, Attorney -in -Fact
Title
4000 SW Kruse Way PI., #265
Surety Address Lake Oswego, OR
Erin Bullard, 503 534 4292
Surety Contact and Phone Number
PERFORMANCE and PAYMENT BOND
Bond to the City of Port Angeles Bond 105761858
II
2012.
Magnum Power, LLC
Princi�a\
By ic
r
Title
Anchor Insurance Surety, Inc.
97035 Agent Address 1201!SW 12th Ave., Suite 500
Portland, OR 97205
Joel Dietzman, 503 224 2500
Agent Contact and Phone Number
Page 23 Performance and Payment Bond
1 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www bxwa.com Always Verify Scale
Ac D ATE (MM /DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 05/07/12
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
Anchor Insurance Surety, Inc
1201 SW 12th Ave., Suite 500
Portland, OR 97205 -2030
Joel Dietzman
INSURED Magnum Power LLC
PO Box 2
LaCenter, WA 98629
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR ADM SLIER POLICY EFF POLICY EXP LIMITS
TYPE OF INSURANCE
LTR INSR Jptyn POLICY NUMBER IMMIDD/YYYY) IMM /DD/YYYYI I
GENERAL LIABILITY EACH OCCURRENCE
A X COMMERCIAL GENERAL LIABILITY
A
A
I CLAIMS -MADE
X WA STOP GAP
X
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY I X 1 79 I LOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIRED AUTOS AUTOS
UMBRELLA LIAB X OCCUR
A X EXCESS LIAB CLAIMS -MADE
DED I X I RETENTION$ 10,000
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y N
ANY PROPRIETOR/PARTNER /EXECUTIVE
OFFICER /MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
C Pollution
X
N/A
PEC0036745
503 224 -2500
503 224 -9830
D T- CO- 9A862496 -I N D -12
warm
AME' Joel Dietzman
PHONE 503 224 -2500
PHONE E Extl•
A DDRESS jdietzman@anchoriaS.com
INSURER(S) AFFORDING COVERAGE
INSURER A Travelers Indemnity Co.
INSURER B Liberty Northwest Ins. Corp.
INSURER C Greenwich Insurance Company
INSURER D
INSURER E
INSURER F
02/05/12 02/05/13
DT- 810- 9A862496- TIA -12 02/05/12 02/05/13
DTSM -CU P- 9A862496- TIL -12
02/05/12 02/05/13
DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
RE: ECLIPSE INDUSTRIAL PARK FEEDER UPGRADE PROJECT NO. CL01 -2006. THE CITY
OF PORT ANGELES IS ADDITIONAL INSURED PER THE ATTACHED CGD246 08/05.
CERTIFICATE HOLDER CANCELLATION
PORAN -1
City of Port Angeles
321 E 5th Street, PO Box 1150
Port Angeles, WA 98362
AUTHORIZED REPRESENTATIVE I
MAGNU -3 OP ID: BD
I FAX
IA/C. No):
1,000,000
PREMISES (Ea occurrence)
300,000
5,000
1,000,000
2,000,000
2,000,000
COMBINED SINGLE LIMIT I 1,000,000
(Ea accident)
BODILY INJURY (Per person) I
BODILY INJURY (Per accident) I
PROPERTY DAMAGE
(Per accident)
EACH OCCURRENCE 3,000,000
AGGREGATE 3,000,000
I MED EXP (Any one person)
I PERSONAL ADV INJURY
GENERAL AGGREGATE
I PRODUCTS COMP /OP AGG
I TORY LIMITS I O ER I
E L EACH ACCIDENT
Is
NAIC
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
E L DISEASE EA EMPLOYEE I
E L DISEASE POLICY LIMIT I
02/05/12 02/05/13 Occurrenc 2,000,000
Aggregate 2,000,000
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED (Section II) is amended
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:
I. 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
11. Supervisory, inspection, architectural or
engineering activities.
CG D2 46 08 05
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:
c)
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:
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
Ili. 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:
I. 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 0 2005 The St. Paul Travelers Companies, inc. CG D2 46 08 05
TRAVELERS J
State of Connecticut
City of Hartford ss
In Witness Whereof, I hereunto set my hand and official seal
My Commission expires the 30th day of June, 2016.
58440 -6 -11 Printed in U S A
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
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
Certificate No. 0 0 4 6 9 7 9
Attorney -In Fact No. 224582 4
KNOW ALL MEN BY THESE PRESENTS That St Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company and St Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of Amenca are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, 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
Gene M Dietzman, Gloria Bruning, James P Dooney, John D. Klump, Philip 0 Forker, Ray M Paiement, Vicki Mather, J Patrick Dooney II,
Richard W Kowalski, Brent Olson, Joel Dietzman, Tami Jones, Karen A Pierce, and Christopher Reburn
of the City of Portland State of Oregon their true and lawful Attorney(s) -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
IN WITNESS WHEREOF, the Companies have caused this instrument to'be signed -and their:corporate seals to be hereto affixed, this
day of January 2012
Farmington Casualty Company
Fidelity and Guaranty Insurance -._3
Fidelity and Guaranty Insu "r`ance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
o1,N INSG 1NSUq
i' O RPOR J 'fn's
o: ATf•h 60 n:
SEAL+�oj SS
1, y .....;a 0•
By
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
GeorgeJThompson, emor President
18th
On this the 18th day of January 2012 before me personally appeared George W. Thompson, 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
WARNING THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
anw C i•Azak49.,4'
Mane C Tetreault, Notary Public
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 wntten 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 Jusurance Company, St Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and United'States Fide1ityand Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Compadias which, is in full forceand`effect and has not been revoked
rew
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of satd;Companies this
OR Ake m I cppP ORATE. C I^
�.S EAL.oi SEAL a I
AN °v1 ade:
day of
feu"
E Hughes, Assistant Sec tary
,20
To verify the authenticity of this Power of Attorney, call 1- 800 421 -3880 or contact us at www travelersbond corn 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 IS INVALID WITHOUT THE RED BORDER