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HomeMy WebLinkAboutRJM Construction & Oshkosh 11,A&qq CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 13th day of April, 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and RJM Construction, LLC, 601 West Forest Street, Black Creek,WI 54106, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows; ARTICLE 1. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No, 16-18 For the construction of a storage building for the Water Filtration Plant, for the Public Works Department, pursuant to Resolution 16-172 adopted by the Common Council of the City of Oshkosh on the 12th day of April, 2016, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE V of this Contract. ARTICLE IL TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the Special Conditions and/or CONTRACTOR's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of One-Hundred-Sixty-Four-Thousand- Two- Hundred Dollars and 00/100 ($164,200.00), adjusted by any changes as provided in the Specifications, or any changes hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a"Unit Price" basis, the above mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the Contract the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. MAY 04 E (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONTRACTOR, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contractor be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY`s written demand for indemnification or refund. ARTICLE V. INSURANCE The Insurance required by the City of Oshkosh as specified in the CITY's specifications, including addenda, or plans, or instructions, or advertisements, shall be primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be based upon the occurrence of an event, and not based on claims made. All insurance shall be.in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in this Contract, the Specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This Contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. The City's Plans and Specifications, including all Addenda's 3. City of Oshkosh Standard Specifications 4. Instructions to Bidders 5. Advertisement for Bids 6. Contractor's Proposal The Contract Documents are complementary;what is required by one is as binding as if required by all. Before undertaking each part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. In the event that any provision in any of the above component parts of this Contract 2 conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "CONTRACTOR" wherever used in this Contract means the party of the second part and its/his/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR RJM Construction, LLC By: (Seal of Contractor (Specify Title) if a Corpo ro �tlC'a+r,� SON' r�0y''•, BY: we (Specify Title) NJ'•' 1999 •'g��`" OF IS 00 CITY OF OSHKOSH ' Mark A. Rohloff, City Manager (Wit)ess) And: . (17t1i ness) Pamela R. Ubrig, City derk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract WAtIpmey City Comp ro ler 3 Granite Re, Inc. Bond# GRW123277B MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS,That We,the undersigned R.IM CONSTRUCTION,LLC , as Principal and Granite Re, Inc., a corporation organized under the taws of the State of Oklahoma and duly authorized to do business in the State of Oklahoma, as Surety, are held and firmly bound unto: City Of Oshkosh in the penal Sum of ONE HUNDRED SIXTY FOUR THOUSAND TWO HUNDRED AND 00/100 ($ $164,200.00 Dollars, for the payment of which well and truly to be made, we hereby jointly and severally bind ourselves,our heirs, executors, administrators,successors,and assigns. Signed this 15th day of April 20 Ib THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above named Principal did on the lath day of April 20 i6 enter into a contract with the City Of Oshkosh for: Water Filtration Plant; Contract No. 16-18 AND, WHEREAS, the specifications of said construction contract provide that upon final acceptance by Obligee said Principal shall furnish a maintenance bond for the sum amounting to **** One Hundred + percent 100 %)of the contract price,and to remain in full force and effect for the period of Two ( 2 )year(s) from the date of acceptance,as therein stated in said specifications;the said work having been duly accepted by said obligee. NOW,THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH,That if the Principal shall make good all defects appearing in the work performed by Principal due to faulty workmanship or materials which may develop during the period of Two ( 2 year(s) from the date of completion and final acceptance of said work,then this obligation shall be void;otherwise to remain in full force and effect. RJM CONS'T'RUCTION, LLC Principal BY: Title ?rt'ra h Granite Re Inc Surety 4 BY: Connie Smith ,Attorney-in-Fact GRO7n9-24 Bond No, GRW123277B AIAO Document A312 TM - 2010 Performance Bond CONTRACTOR: SURETY: (Name, legal stalus and address) (Name, legal status and principal place RJM CONSTRUCTION, LLC of business) 601 W Forest St Granite Re, Inc. This document has important legal Black Creek,Wl 54106 14001 Quailbrook Dr consequences.Consultation with Oklahoma City,OK 73134 an attorney is encouraged with OWNER: respect to its completion or (Name, legal slatus and address) modification. City Of Oshkosh Any singular reference to P.O.Box 1130 Contractor,Surety,Owner or Oshkosh,WI 54803 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: 4113/2016 AIA Document A312-2010 combines two separate bonds,a Performance Bond and a Amount; $164,200.00 Payment Bond,into one farm. This is not a single combined Description: Performance and Payment Bond. (Name and location) Water Filtration Plant;Contract No,16.18 BOND Date: 411512016 (Not earlier than Construction Contract Date) Atnoumt: $$164,200.00 Modifications to this Bond: 01 None ❑See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: RJM CONSTRUCTION, LLC Grat. L:z4L Signature: _ Signature: ]Name Rl0.w RN)jC %* Connie Smith,Attorney-in-fact and Title: /dw,,,,,r and l'itle: (Any additional signor rhes appear on the last page of this Performance Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: J. Ryan Bonding, Inc. (Architect, Engineer or other party.) 2920 Enloe St., Ste 103 Owner P.O. Sox 465 Hudson, WI 54016 800-535-0006 Init. AIA Doctiment A3121'-2010.The American Insoute of Archilects. CGWO 1 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 if the Contractor performs tine Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 if there is no Owner Default tinder the Construction Contract,the Surety's obligation tinder this Bond shall arise after 1 the Owner first provides notice to die Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether tine Owner is requesting a conference annong the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days atter receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference,the Owner shall attend. Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable tinne to perform the Construction Contract, but such an agreement shalt not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 (lie Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of tine Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at(lie Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete tine Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for Performance and completion of the Construction Contract,arrange fora contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount ofdamages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive,its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness tinder the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §$if the Surety does not proceed as provided in Section S with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section SA,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 tine Owner. Intt. AIA Document A312'"—2010.-MeAmedran Institute of Architects. 2 1 , §7 if the Surety elects to act under Section 5,1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor ander the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner tinder the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; ,2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting front the actions or failure to act of the Surety under Section 5;and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed perfonnance or non-performance of tine Contractor. §8 If the Surety elects to act tinder Section 5.I,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts, purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instittited in any court of competent jurisdiction in tine location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety reftuses or fails to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been fiimished to comply with a statutory or other legal requirement in the location where the constriction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor tinder the Construction Contract. §'14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default. Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required tinder the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the terns Contractor in this Bond shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor. Inst AIA Document A312T1--20%The American institute of Architects. 3 1 §16 Modifications to this bond are as follows: [None (Space is provided below for additional signalures ofadded parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seat) Company: (Corporate Seat) Signature: Signature: Marne and Title: Name and Title: Address Address CAUTION:You should sign an wighial AIA Contract oocumont,an which this toxt appear, in RED,An original rissuros that cliangos will not ho obscured. lnit. AIA Document A312j°—2010.The American Institute of Architects, 4 Bond NO. GRW123277EI AIA Document A312TM - 2010 Payment Bond CONTRACTOR: SURETY: (Nance, legal status and address) (Nance, legal stales and principal place RJM CONSTRUCTION,LLC of business) 601 W Forest St Granite Re,Inc. This document has important legal Black Creek,WI 54106 14001 Quailbrook Dr consequences.Consultation with OWNER: Oklahoma City,OK 73134 an attorney is encouraged with respect to its completion or (Name, legal status and address) modification. City Of Oshkosh P.O. Box 1130 Any singular reference to Contractor,Surety,Owner or Oshkosh,WI 54903 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: 4/13/2016 AIA Document A312-2010 combines two separate bonds,a Performance Bond and a Amount: $164,200.00 payment Bond,into one form. This is not a single combined Description: Performance and Payment Bond, (Name and location) Water Filtration Plant;Contract No. 16-16 BOND Date: 4/15/2016 (Not earlier than Construction Contract Date) Amount: $164,200.00 Modifications to this Bond: ❑None ®See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal RJMt CONSTRUCTION,LLC Gr t�Re, lnC. Signature: Signature: Name �Ili �ic.�.�a�' Connie Smith,Attorney-in-fact and Title: � .��� and Title: (Any additional signatures appear on the last page of'lhis Payment Bond,) (FOR INFORMAT10N ONLY—Name,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: J. Ryan Bonding, Inc. (Architect, Engineer or other party.) 2920 Enloe St. Ste 103 Owner P.O. Box 465 Hudson, W1 54016 800-535-0006 Init. AIA Document A312TM-2010.The American Inspluto of Archilects. J 1 §1 The Contractor and Surety,jointly and severalty,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to gay for labor,materials and equipment ftirnislned for use in the perfomnanee of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 11'the Contractor promptly makes payment of all suras due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands, liens or suits by any person or entity seeking payment for labor,materials or equipment furnished for use in the perforrnance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13) of clairus,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 Section 3,tine Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a drily tendered claim,demand, lien or snit. §5"the Surety's obligations to a Claimant under this Bond shall arise aster the following: §5.1 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whorn the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13). §8 f Fa notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant Inas satisfied the conditions of Sections 5,1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7,1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7,2,the Surety shall indemnify the Claimant for flue reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the annount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety_ §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perforrnance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the finds for the completion of the work. Init. AIA Document A312T —2010.The American Institute of Architects. 6 t §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of tie Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligation to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants tinder this Bond. §11 The Surety hereby waives notice of any change,including changes of tinic,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §12 No suit or action shal I be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under(lie 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 jurisd ichor of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to die address shown on the page on which their signature appears.Actual receipt of notice or Claims,however accomplished,shall be suf€icient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.NVhen so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law band. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16,1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was tiirnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment firrnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Clainiant for labor,materials or equipment furnished as of the date of the Claire; .T the total amount of previous payments received by the Claimant;and .8 the total amount due and unpaid to tie Claimant for labor,materials or equipment furnished as of(lie date of the Claim. §16.2 Claimant.An individual or entity having a direct contract with the Convactor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms"labor,materials or equipment"that part of water,gas,power, light,heat,oil, gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in thejurisdiction where the labor,materials or equipment were furnished. §16.3 Construction Contract.The agreecrrent beim ecru tire Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init, AIA Document A3121'—2040.The American institute otArchitects. 7 §16,4 Owner Default, Failure of the Owner,which has riot been remedied or waived,to pay the Contractor as required under the Construction Contract or to perforin and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement bta.veen the Owner and Contractor. §17 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: Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision: Within a reasonable time(1)after the claimant has satisfied the conditions of Paragraph 5 and(2)after the Surety has reviewed all supporting documentation it requested to substantiate the amount of the claim, the Surety shall pay or arrange for payment of any undisputed amounts. Failure of the Surety to satisfy the above requirements shall not be deemed a forfeiture or waiver of the Surety's or the Contractor's defenses under this Bond or their right to dispute such claim. However, in such event the Claimant may bring suit against the Surety as provided under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: signature: Name and Title: Name and Title: Address Address GAU CION:You sironld sign an original AIA Contract Docuntont,on which this text appears in RED.An original assuros that c)ran(jos will not ba obscurvci. Init. AIA Document=2TM—2010.The American Institute of Architects. 1 GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC.,a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY, CONNIE SMITH its true and lawful Attorney-in-Facts)for the following purposes,to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC.through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary/Treasurer,this 3 d day of July,2013. Kenneth D,Whittington, President STATE OF OKLAHOMA ) S g A I. COUNTY OF OKLAHOMA ) Kyle . McDonald,Treasurer On this 31 day of July, 2013, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Secretary/Treasurer of said Company, with both of whom l am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D.Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal,that it was so fixed by order of the Board of Directors of said corporation,and that they signed their name thereto by like order as President and Secretary/Treasurer,respectively,of the Company. My Commission Expires- August 8,2017 +,.w s Notak Public Commission#:01013257 GRANITE RE,INC. Certificate THE UNDERSIGNED,being the duly elected and acting Secretary/Treasurer of Granite Re, Inc.,an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc.and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED,that the President,any Vice President,the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however,that the seal shall not be necessary to the validity of any such instrument or undertaking." f ITNESS WHERO e undersigned as subscribed this Certificate and affixed the corporate seal of the Corporation this day of 20 l o Frau., 0 S-K.S G ��.• Kyle P.McDonald,Secretary/Freasurer GRO800-1 RJMCONS-01 SEMS ACOROm DATE(MM1DDNYYY) CERTIFICATE OF LIABILITY INSURANCE 4120/2016 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CON PRODUCER (920)'733-4944 NAME: T Melinda Seefeldt Valley Insurance Associates,Inc. A/c°NNo.E.11:920-235-3450 no):9.20-232-8731 3962 N Richmond St E-MAIL P O Box 1937 ADDRESS:mseefoldt@viainsurance.com Appleton,WI 54912-1937 INSURERS AFFORI)MG COVERAGE NAIC# INSURER A.Selective Insurance INSURED RJM Construction LLC INSURER B: 601 W Forest Street INSURERC: Black Creek,WI 54106 INSURER D.- INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUE=D TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE AODINSDL SUSDR POLICY NUMBER MMID EFF MMID £' LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 CLAIMS-MADE X❑OCCUR Y N 51918264 101112015 10/112016 POR MI Ea occurrence $ 100,00 MED EXP(Any one person) $ 10,00 PERSONAL&ADV INJURY $ 1,000,00 GEN`LAGGREGATELIMIT APPLIES PER- GENERAL AGGREGATE $ 3,000,00 POLICY L�]JEOOT- 1XI LOC PRODUCTS-COMPo'OP AGO $ 3,000,00 OTHER $ AUTOMOBILE LIABILITY COMBINED tSfNGLE LIMIT $ 1,000,00 A X ANY AUTO N N S1918264 1011/2015 10/112016 BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Perecc€dent) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERIYDAMAGE $ AUTOS Per.a'=I $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,00 A EXCESS LtAB __ CLAIMS-MADE N N S1918264 10/112015 10/112016 AGGREGATE $ 5,000,00 DEO I X I RETENTION$ 0 $ WORKERS COMPENSATIONX STATUTE pR AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNFRiEXECUTIVE YIN C7999612 10/1/2015 1011/2016 E.L.EACH ACCIDENT $ 100,00 OFFICERAIEMBEREXCLUDED? [N] NIA (Mandatory In NH) E.L.DISEASE-FAFMPLOYE $ 140,00 Hyes describe under DES4rRIPTIONOFOPERATIONS W.. E.L.DMEASE-POLICYLINIFT $ 500,00 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh and its officers, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN council members, ACCORDANCE WITH THE POLICY PROVISIONS. agents,employees and authorized volunteers AUTHORIZED REPRESENTATIVE Church Ave Oshkosh,WI 54902-1130 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD ELITEPr4C General Liability Extension COMMERCIAL GENERAL LIABILITY CG 72 02 12 11 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-8)for changes affecting your insurance protection. DESCRIPTION PAGE FOUND Primary and Non-Contributory Provision-Additional insureds Page 7 Blanket Additional Insureds-As Required By Contract Page 5 Broad Form Vendors Coverage Page 6 Not-for-profit Members-Including Club Members Not-for-profit Members-as additional insureds Page 5 Not-for-profit Members Medical Payments Page 4 Not-for-profit Members-defined Page 8 Damage To Premises Rented To You($500,000) (including tire, Lightning or Explosion) Page 3 Electronic Data Liability($100,000) Page 4 Golf Amendments Golfing Facilities-defined Page 8 Golf and Tennis Pros-as additional insureds Page 6 Limited Property Damage-caused by golf balls Page 3 Members Medical Payments Page 4 Products Amendment-Medical Payments-limited on premises coverage Page 4 Recreational Medical Payments-limited amateur golf coverage Page 4 Waiver of Rights of Recovery-members and guests Page 7 Incidental Malpractice Exclusion modified Page 6 Knowledge of Occurrence, Claim, Suit or Loss Page 7 Liberalization Clause Page 7 Medical Payments-Increased limit($15,000) Page 6 Mental Anguish Amendment(Not applicable to New York) Page 8 Newly Formed or Acquired Organizations Page 5 Non-Owned Aircraft Page 3 Copyright, 2011 Selective Insurance Company of America.All rights reserved. CG 72 0212 11 Includes copyriPft d Mteftji Missjbftp://www.docudesk.coftge 1 of 8 INSUREW s COPY DESCRIPTION PAGE FOUND Non-Owned Watercraft (under 60 feet) Page 3 Personal And Advertising Injury Contractual Exclusion Amended(Excludes Advertisement) Page 4 Discrimination and Humiliation Amendment(Not applicable in New York; Excludes Page 7 Advertisement) Products Amendment-Not-for-profit and Golf Page 4 Supplementary Payments Amended-Bail Bonds($5,000)and Loss of Earnings($1,000) Page 4 Temporary Workers Employee Definition Amended(including status as an insured) Page 8 Employer's Liability Exclusion Amended (Not applicable in New York) Page 3 Injuries or Damages by Certain Employees(co-employee damages) Page 5 Unintentional Failure to Disclose Hazards Page 7 Waiver of Transfer of Rights of Recovery(subrogation) Page 7 When Two or More Coverage Parts of this Policy Apply to a Loss Page 3 Copyright, 2011 Selective Insurance Company of America. All rights reserved. CG 72 02 12 11 Includes copyQOR ,1P itesth RE�Missibffp:/Iwww.docudesk.coftge 2 of 8 srrsnRE F s cora ELITEPAC General Liability Extension COMMERCIAL GENERAL LIABILITY CG 72 02 12 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Part identified in this endorsement will be amended as shown below. However, when two or more Coverage Parts of this policy apply to a loss, only the broadest coverage of this policy will apply, unless specifically stated otherwise within the particular amendment covering that loss, COVERAGES -Amendments (7) Any aircraft, not owned or operated by any insured, SECTION 1 - COVERAGE A BODILY INJURY AND that is hired, chartered or loaned with a paid crew. PROPERTY DAMAGE LIABILITY However, if the insured has any other valid and collectible insurance for "bodily injury" or "property COVERAGE EXTENSION damage"that would be covered under this provision, Property Damage-"Golfing Facilities" or on any other basis, this coverage Is then excess, If you operate a "golfing facility", Paragraph 1. Insuring and subject to Condition 4. Other Insurance, b. Agreement under COVERAGE A BODILY INJURY Excess Insurance under SECTION IV -COMMER- AND PROPERTY DAMAGE LIABILITY is amended to CIAL GENERAL LIABILITY CONDITIONS, include the following: Damage To Premises Rented to You "Property damage" to any property not owned by you, A. The last paragraph of Paragraph 2. Exclusions caused by golf balls originating from your premises, under COVERAGE A BODILY INJURY AND PROP- regardless of your legal liability for the damage. The ERTY DAMAGE is deleted in its entirety and most we will pay under this extension is a sub-limit of replaced with the following: $2,500 per 'occurrence". No deductible applies to loss Exclusions c. through n. do not apply to damage by under this extension. fire, lightning or explosion to premises rented to you EXCLUSIONS or temporarily occupied by you with the permission Employer's Liability Amendment of the owner. A separate limit of insurance applies to this coverage as described In SECTION 111 - LIMITS (This provision Is not applicable In New York). OF INSURANCE. The following is added to Exclusion e. Employer's Lia- B. Paragraph 6. under SECTION 111 - LIMITS OF bility under COVERAGE A BODILY INJURY AND INSURANCE is deleted in its entirety and replaced PROPERTY DAMAGE LIABILITY, 2, Exclusions: with the following: This exclusion also does not apply to any "temporary 6, Subject to Paragraph 5. above, the most we will worker". pay under COVERAGE A for damages because Non-Owned Aircraft,Auto or Watercraft of"property damage"to any one premises,while The followingis added to Exclusion g.Aircraft,Auto Or rented to you, or In the case of damage caused by fire, lightning or explosion,while rented to you Watercraft under COVERAGE A BODILY INJURY or temporarily occupied by you with permission AND PROPERTY DAMAGE LIABILITY,2. Exclusions: of the owner, for all such damage caused by fire, This exclusion does not apply to: lightning or explosion proximately caused by the (6) A watercraft you do not own that Is less than 60 feet same event, whether such damage results from long, and not being used to carry persons or fire, lightning or explosion or any combination of property for a charge. Any person is an Insured who the three, is the higher of $500,000 or the uses or Is responsible for the use of such watercraft amount shown in the Declarations for the with your expressed or implied consent. However, if Damage To Premises Rented To You Limit. the insured has any other valid and collectible insurance for "bodily injury" or "property damage" that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Copyright, 2011 Selective Insurance Company of America.All rights reserved. CG 72 02 12 11 Includes copyrlR@R V :jtetth i i@issibttp://www.docudesk.coftge 3 of 8 INSUREWN COPY C. Paragraph a.of Definition 9."Insured contract" under a. Any Insured SECTION V - DEFINITIONS is deleted in its entirety To any Insured. and replaced with the following: a. A contract for a lease of premises. However, that This exclusion does not apply to: portion of the contract for a lease of premises (1) "Golfing facility" members who are not paid a that indemnifies any person or organization for fee, salary, or other compensation; damage by fire, lightning or explosion to prem- (2) "Not-for-profit members";or ises while rented to you or temporarily occupied (3) "volunteer workers". by you with the permission of the owner is not an "insured contract% This exclusion exception does not apply if COVERAGE Electronic Data Liability C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. Exclusion p. Electronic Data under COVERAGE A Product Amendment BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY, 2. Exclusions is deleted in its entirety and replaced Exclusion f. Products-Completed Operations Hazard by the following: under COVERAGE C MEDICAL PAYMENTS, 2. p, Electronic Data Exclusions is deleted in its entirety and replaced with the following: Damages arising out of the loss of, loss of use of, f, products-Completed Operations Hazard damage to, corruption of, inability to access, or ina- bility to manipulate "electronic data" that does not Included within the "products-completed operations result from physical injury to tangible property. hazard". The most we will pay for damages arising out of the This exclusion does not apply to"your products"sold loss of, loss of use of, damage to, corruption of, ina- for use or consumption on your premises,while such bility to access, or inability to manipulate "electronic products are still on your promises, if you are a not- data" that results from physical injury to tangible for-profit operation ora golfing facility". property is a sub-limit of $100,000 for "property This exclusion exception, does not apply if COVERAGE damage"because of all applicable loss of"electronic C MEDICAL PAYMENTS is excluded by another data"arising out of any one"occurrence". endorsement to this Coverage Part. SECTION I -COVERAGE B PERSONAL AND ADVER- Recreational Medical Payments-Amateur Golf TISING INJURY LIABILITY Exclusion e. Athletics Activities under COVERAGE C EXCLUSIONS MEDICAL PAYMENTS, 2. Exclusions is deleted in Its Contractual Exclusion Amendment entirety and replaced with the following: Exclusion e. Contractual Liability under COVERAGE B e. Athletics Activities PERSONAL AND ADVERTISING INJURY, 2. Exclu- To a person injured while practicing, instructing or sions is deleted in its entirety and replaced with the fol- participating in any physical exercises or games, lowing: sports or athletic contests. e. Contractual Liability If you are a °golfing facility", this exclusion does not "Personal and advertising Injury" for which the apply to a person injured as a result of their partici- insured has assumed liability in a contract or pation in amateur athletics that are recreational in agreement arising out of an 'advertisement'. This nature. exclusion does not apply to liability for damages that This exclusion exception does not apply if COVERAGE the insured would have in the absence of the C MEDICAL PAYMENTS is excluded by another contract or agreement. endorsement to this Coverage Part. SECTION I -COVERAGE C MEDICAL PAYMENTS SECTION I - SUPPLEMENTARY PAYMENTS - EXCLUSIONS COVERAGES A AND B Any Insured Amendment Expenses For Bail Bonds And Loss Of Earnings Exclusio a. Any Insured under COVERAGE C A. Subparagraph 1.b. under SUPPLEMENTARY MEDICAL PAYMENTS, 2. Exclusions is deleted in its PAYMENTS - COVERAGES A AND B is deleted in entirely and replaced with the following: Its entirely and replaced with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Copyright, 2011 Includes F ftteinh t acv f�c l a ,fie �e Insurance � c��c�lfd€, fightsof America.All reserved. copyrit lfi)issibttp://www.docudesk oftge 4 of 8 T23SU"D I S COPY B. Subparagraph 1.d. under SUPPLEMENTARY B, The following paragraph Is added to SECTION lI - PAYMENTS - COVERAGES A AND B is deleted in WHO IS AN INSURED,Paragraph 3: its entirety and replaced with the following: if you are engaged in the business of construction of d. All reasonable expenses incurred by the insured dwellings three stories or less In height, or other at our request to assist us in the investigation or buildings three stories or less In height and less than defense of the claim or "suit°, including actual 25,000 square feet in area, you will also be an loss of earnings up to $1,000 a day because of insured with respect to your work" only, for the time off from work. period of time described above, for your liability SECTION Ii -WHO IS AN INSURED -Amendments arising out of the conduct of any partnership or joint venture of which you are or were a member, even if Not-for-profit Organization Members that partnership or joint venture is not shown as a The following paragraph is added to SECTION II -WHO Named Insured, However, this provision only applies IS AN INSURED: If you maintain or maintained an Interest of at least If you are an organization other than a partnership,joint fifty percent in that partnership or joint venture for venture, or a limited liability company, and you are a not- the period of that partnership or joint venture. for-profit organization, your officials, trustees, board This provision does not apply to any partnership or joint members, insurance managers, and "not-for-profit mem- venture that has been dissolved or otherwise ceased to bens" are included as additional insureds, however only function for more than thirty-six months. with respect to their liability for your activities or activities With respect to the insurance provided by this provision, they perform on your behalf. Newly Formed or Acquired Organizations, the follow- Employees As Insureds Modified Ing Is added to SECTION IV - COMMERCIAL GEN- A. Subparagraph 2.a.(1)(a) under SECTION 11 a WHO ERAL LIABILITY, Paragraph 4. Other Insurance, Sub- IS AN INSURED does not apply to "bodily injury" to paragraph b. Excess Insurance: a "temporary worker" caused by a co-"employee" The Insurance provided by this provision, Newly Formed who Is not a"temporary worker", or Acquired Organizations, is excess over any other B. Subparagraph 2.a.(2) under SECTION 11 -WHO IS insurance available to the insured, whether primary, AN INSURED does not apply to "property damage" excess,contingent or on any other basis. to the property of a 'temporary worker- caused by a (All other provisions of this section remain unchanged). co"employee"who is not a"temporary worker". Blanket Additional Insureds - As Required By C. Subparagraph 2.a.(1)(d) under SECTION 11 - WHO Contract IS AN INSURED does not apply to "bodily injury" Subject to the Primary and Non-Contributory provision caused by cardio-pulmonary resuscitation or first aid set forth in this endorsement, SECTION 11 -WHO IS AN services administered by a co-"employee". INSURED is amended to include as an additional Newly Formed Or Acquired Organizations insured any person or organization whom you have A. Subparagraph 3.a. under SECTION II - WHO IS AN agreed in a written contract, written agreement or written INSURED is deleted in its entirety and replaced with permit that such person or organization be added as an the following: additional insured on your policy. Such person or organi- zation Is an additional insured only with respect to WWI- a. Coverage under this provision is afforded only fly for "bodily Injury" or "property damage" or "personal until the 180th day after you acquire or form the and advertising injury"caused, in whole or in part, by. organization or the end of the policy period, 1. Your ongoing operations, "your product",or premises whichever is earlier; However, COVERAGE A owned or used by you; however this provision does does not apply to bodily injury" or property not include any architects, engineers, or surveyors damage" that occurred before you acquired or with respect to any Injury or damage arising out of formed the organization, the rendering or failure to render any professional services by or for you, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and Copyright, 2011 Selective Insurance Company of America. All rights reserved. CG 72 02 12 11 Includes copyri@t fd Wf.teflH D.W@issibttp://www.docudesk.coftge 5 of 8 TNSi]REDI S COPY b. Supervisory, inspection, architectural or engi- f. Products which, after distribution or sale by you, neering activities. have been labeled or re-labeled or used as a 2. Your maintenance, operation or use of equipment, container, part of ingredient of any other thing or other than aircraft, "auto" or watercraft, rented or substance by or for the vendor; however this leased to you by such person or organization, A insurance does not apply to any insured person person or organization's status as an additional or organization, from who you have acquired insured under this endorsement ends when their such products, or any ingredient, part or con- contract, or agreement with you for such rented or tamer, entering into, accompanying or containing leased equipment ends. With respect to the insur- such products. ance afforded to these additional insureds, this insur- The provisions of this coverage extension do not apply ance does not apply to any"occurrence"which takes unless the written contract or written agreement has place after the rental agreement or equipment lease been executed.(executed means signed by the named expires. Insured) prior to the"bodily injury"or property damage". The provisions of this coverage extension do not apply Incidental Malpractice unless the written contract or written agreement has Subparagraph 2.a.(1)(d) under SECTION II - WHO IS been executed (executed means signed by the named AN INSURED is deleted in its entirety and replaced with insured) or written permit issued prior to the "bodily the following: Injury"or"property damage"or"personal and advertising injury" (d) Arising out of his or her providing or failing to provide Broad Form Vendors Coverage professional health care services. This does not apply to nurses, emergency medical technicians or Subject to the Primary and Non-Contributory provision paramedics. if you are not in the business or occupa- set forth in this endorsement, SECTION it -WHO IS AN tion of providing any such professional services. INSURED is amended to include as an additional "Golfing Facilities" -Golf or Tennis Pros Insured any person or organization (referred to below as vendor) whom you have agreed in a written contract or The following Is added to SECTION II - WHO IS AN written agreement to add as an additional insured on INSURED: your policy. Such person or organization Is an additional if you operate a "golfing facility", any golf or tennis pros Insured only with respect to "bodily injury" or "property are additional Insureds. Golf or tennis pros means any damage" arising out of"your producW which are distrib- person, other than your "employees", whose primary uted or sold in the regular course of the vendor's busi- responsibilities include golf or tennis instruction or ness, however the insurance afforded the vendor does operation of a golf or tennis pro shop, however only with not apply to: respect to their liability for your activities, or activities a. "Bodily injury"or"property damage"for which the they perform on your behalf, or their liability for the main- vendor is obligated to pay damages by reason of tenance, use or operation of golf or tennis pro shop the assumption of liability in a contract or agree- premises you rent or lease to them. ment; however this exclusion does not apply to SECTION III -LIMITS OF INSURANCE liability for damages that the vendor would have Increased Medical Payments in the absence of the contract or agreement; b. Any express warranty unauthorized by you; Paragraph 7. under SECTION Ili - LIMITS OF INSUR- ANCE is deleted in its entirety and replaced with the fol- c. Any physical or chemical change in the product lowing: made intentionally by the vendor; 7. Subject to Paragraph S. above, the Medical Expense d. Repackaging, unless unpacked solely for the Limit under COVERAGE C will be $15,000, or the purpose of inspection, demonstration, testing, or amount shown In the Declarations for Medical the substitution of parts under instructions from Expense Limit, whichever is higher, for all medical the manufacturer, and then repackaged in the expenses because of"bodily injury" sustained by any original container; one person. e. Any failure to make such inspections, adjust- This provision, Increased Medical Payments, does not ments, tests or servicing as the vendor has apply if COVERAGE C MEDICAL PAYMENTS is agreed to make or normally undertakes to make excluded by another endorsement to this Coverage Part. in the usual course of business in connection with the sale of the product;or Copyright, 2411 Selective Insurance Company of America.All rights reserved. CG 72 02 12 11 Includes copyriUtMl 6n&at9drfu itKdes*130 icT6cRUF,Mitafth DEpWissibitp://www.docudesk.coftge 6 of 8 IN'BURBDOS COPY SECTION IV - COMMERCIAL GENERAL LIABILITY Waiver Of Transfer Of Rights Of Recovery CONDITIONS-Amendments The following is added to Paragraph 8. Transfer of Knowledge Of Occurrence, Claim, Suit Or Loss Rights Of Recovery Against Others To Us under The following Is added to Paragraph 2. Duties in the SECTION IV - COMMERCIAL GENERAL LIABILITY Event of Occurrence, Offense, Claim or Suit under CONDITIONS: SECTION IV - COMMERCIAL GENERAL LIABILITY We will waive any right of recovery we may have against CONDITIONS: a person or organization because of payments we make The requirements under this paragraph do not apply until for"bodily Injury"or"property damage"arising out of your after the"occurrence"or offense Is Known to: ongoing operations or "your work" done under a written contract or written agreement and included in the 9. You, if you are an individual; "products-completed operations hazard", if: 2. A partner,if you are a partnership; 1, You have agreed to waive any right of recovery 3, An "executive officer" or insurance manager, if you against that person or organization In a written con- are a corporation; tract or written agreement; 4. Your members, managers or insurance manager, if 2. Such person or organization is an additional insured you are a limited liability company;or on your policy; or 6. Your elected or appointed officials, trustees, board 3. You have assumed the liability of that person or members, or your insurance manager If you are an organization in that same contract, and it is an organization other than a partnership, joint venture, "insured contract". or limited liability company. The section above only applies to that person or organ- Primary and Non-Contributory Prevision Ization Identified above, and only if the "bodily injury" or The following is added to Paragraph 4, Other Insur- •property damage" occurs subsequent to the execution anee, b. Excess Insurance under SECTION IV- of the written contract or written agreement. COMMERCIAL GENERAL LIABILITY CONDITIONS: If you are a "golfing facility", we will also waive any right This insurance shall be excess with respect to any of recovery we may have against any of your members person or organization included as an additional insured or their guests because of payments we make for bodily under this policy, any other insurance that person or Injury"or"property damage"arising out of their actions at organization has shall be primary with respect to this your premises to which this Coverage Part applies. insurance, unless; However, this provision does not apply to bodily injury" or "property damage" that is expected or intended by (1) The additional insured is a Named Insured under your member or their guest such other insurance; Liberalization (2) You have agreed in a written contract,written agree- The following condition is added to SECTION IV- ment or written permit to include that additional COMMERCIAL GENERAL LIABILITY CONDITIONS: insured on your General Liability policy on a primary and/or non-contributory basis; and If we revise this Coverage Part to provide more coverage (3) The written contract or written agreement has been without additional premium charge, subject to our filed executed (executed means signed by the named company rules, your policy will automatically provide the insured) or written permit issued prior to the "bodily additional coverage as of the day the revision is effective " injury or property damage"or"personal and adver- in your state, tising injury". SECTION V b DEFINITIONS Unintentional Failure To Disclose Hazards Discrimination And Humiliation The following is added to Paragraph 6. Representations (This provision does not apply in New York). under SECTION IV - COMMERCIAL GENERAL A. The following Is added to Definition 14. "Personal LIABILITY CONDITIONS: and advertising injury": However, if you should unintentionally fall to disclose any "Personal and advertising injury" also means "dis- existing hazards in your representations to us at the crimination" or humiliation that results In Injury to the inception date of the policy, or during the policy period in feelings or reputation of a natural person, however connection with any additional hazards, we shall not only if such"discrimination"or humiliation is: deny coverage under this Coverage Part based upon such failure to disclose hazards. Copyright, 2011 Selective Insurance Company of America. All rights reserved. CG 72 02 12 11 Includes copyraOR�t t�d�ti ride B ltric���#@€,]N&:itemh E�F;M£DissibiDtp://www.docudesk.coftge 7 of 8 INSUREW S COPY 1. Not done by or at the direction of: b. Loss or, loss of use of, damage to, corruption of, a. The insured;or inability to access, or inapility to properly manip- ulate "electronic data", resulting from physical b. Any executive officer' director, stockholder, injury to tangible property. All such loss of partner, manager or member of the insured; "electronic data"shall be deemed to occur at the 2. Not done intentionally to cause harm to another time of the"occurrence"that caused it. person. For the purpose of the Electronic Data Liability coverage 3. Not directly or indirectly related to the employ- provided by this endorsement, "electronic data" is not ment, prospective employment or termination of tangible property. employment of any person or persons by any Employee Amendment insured. Definition S. "Employee" under SECTION V- 4. Not arising out of any "advertisement" by the DEFINITIONS is deleted in its entirety and replaced by Insured. . the following: B. The following definition Is added to SECTION V- S, "Employee" includes a leased worker", or a DEFINITIONS. "temporary worker". "Discrimination"means: Golfing Facility a. Any act or conduct that would be considered The following definition is added to SECTION V- discrimination under any applicable federal, DEFINITIONS. state, or local statute, ordinance or law; "Golfing facility' or "golfing facilities" means a golf b. Any act or conduct that results in disparate course, golf club, driving range, or miniature golf course. treatment of, or has disparate Impact on, a per- son, because of that person's race, religion, Mental Anguish Amendment gender, sexual orientation, age, disability or (This provision does not apply in New York). physical impairment; or Definition 3. "Bodily injury' under SECTION V- c, Any act or conduct characterized or Interpreted DEFINITIONS is deleted in its entirety and replaced with as discrimination by a person based on that the following: person's race, religion, gender, sexual orienta- 3. "Bodily injury' means bodily injury, sickness or tion, age, disability or physical impairment. disease sustained by a person, incl€iding death Electronic Data resulting from any of these at any time. This includes The following definition is added to SECTION V- mental anguish resulting from any bodily Injury, DEFINITIONS: sickness or disease sustained by a person. tin New York, mental anguish has been determined to be "Electronic data" means information, facts or programs bodily Injury"). stored as or on, created or used on, or transmitted to or Not-for-profit Member from computer software (including systems and applica- tions software), hard or floppy disks, CD-ROMS, tapes, The following definition is added to SECTION V- drives, cell, data processing devices or any other media DEFINITIONS: which are used with electronically controlled equipment. "Not-for-profit member" means a person who is a For the purpose of the Electronic Data Liability coverage member of a not-for-profit organization, including clubs provided by this endorsement, Definition 17. `Property and churches, who receive no financial or other damage" is deleted in its entirety and replaced by the compensation. following; 17. "Property damage"means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or Copyright, 2011 Selective Insurance Company of America. All rights reserved. CG 72 42 12 11 Includes copyriFItR INT.i,tefth 6€$sibitp://www.do cud esk.connge 8 of 8 xxsnxEDIs COPY