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HomeMy WebLinkAbout000450 Original Contract1 I I I I I I I I I 1 1 i 101111 1% ll0 R K S I I I I 1 GLENN A. CUTLER, P.E., DIRECTOR OF PUBLIC WORKS UTILITIES I I I I 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. 11 -4 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