Insurance Requirements (Waskowski)

0604181306 1

ADDRESSING INSURANCE REQUIREMENTS WHEN

CONTRACTING WITH THIRD PARTIES

By Ted Waskowksi, Stafford Rosenbaum, LLP

I. What you don’t want

a. To indemnify them

b. To hold them harmless

c. To insure them

i. Additional insured

d. To abandon the contract

e. To agree to foreign venue

f. To agree to foreign choice of law

g. To limit damages

h. To accept mandatory obligations

i. Eliminate discretion

ii. Operate contrary to other provisions

II. Why

a. Statutory immunities

Insurance Requirements (Waskowski)

0604181306 2

b. May not have insurance

c. Bad public policy

III. Notice

a. Provide at earliest opportunity

b. Burden shifts if not provided per policy without good excuse

c. Additional insureds also need to send notice – same rules as

for named insured apply

d. Not necessarily hopeless even if very late

IV. What to do with unfavorable provisions

a. Cross it out

b. Strike it out

c. Say no

d. Response arguments, if they whine, whine back

V. What you do want

a. Certificate

b. Endorsement

c. Policy (what kind or kinds)

d. Indemnity (own negligence)

Insurance Requirements (Waskowski)

0604181306 3

e. Bond performance and payment

f. Choice of counsel

i. If there is adversity or possibility of adversity with

named insured

ii. If there are coverage issues

iii. Other special circumstances

VI. Insurance Policies

a. Named insured

b. Additional insured

c. Blanket endorsement

d. Policy endorsement

e. Blanket or policy

i. What is covered?

ii. For how long?

iii. For how much? (Pay and walk)

f. Get what documentation you can

g. Protect yourself

VII. Collect/save policies

.@lf,Al{SPOtf^llott . ntllrCt?AL

DEVEIO'IIB,I. ãflv¡8oflilEf{f ¡

January 6,2OI3

Robert Hayes, PresídentVillage of BirchwoodPO Box6Birchwood, Wl 54817

Re: Engineering Contract for Main StreetTE and Pavement Rehabilitation

Dear Mr. Hayes:

It ¡s our understanding that the Village of Birchwood would like MSA to provide constructionengineering servÍces for the prÒþct titled 'Village of Birchwood Main Street (Park Ave to STH 48)W|SDOT p@ect 8466-00-7t' as designed by Cedar Coriroration. We also understand that the Village¡ntends to have MSA provide design and construction engineering services for pavement rehab¡l¡tat¡onof Maín Street through the proþCt area. MSA thanks you for th¡s opportun¡ty to work with the Village.We are pleased to present the enclosed contr¡¡ct for engineering seruices.

When MSA last preserited a contract of this natuÍ€ to the Village, for the wastewater treatment facilityproject, the Village had that corltri¡ct reviewed by both añ attorriey and an insurance professional.Based upon those reviews, th.e Village requested several modificatlons to the standard contractlanguage. MSA has kept a record of the modifications that wei€ requested at that t¡me, and have usedthat iist to inform our efforts in þreparirig the attached proposed contract.

MSA has dlvided the previously requested modifications into two groups. 'Group One" includes thosérequesied modifications that have been included in the new contract. These are listed below so that youcan see the areas in which MSA was able to compromise. "Group Two" changes have not beenincorporated ¡nto the proposed contract. Frorn MSlfs perspect¡ve, these modificatíons representinequitable and unfaii distribution of risk in the undertaking of this project. The Village owns the" ---infràËtniCiüié;ãnð

'ül3hèîtö-¡lti¡tió-üe'¡1 föi'thë'\nTfäÈè'S lièñéfii:Thêiê-i5-¡rihéïCritîìËk'íä ïhäï piöcë35"

which duly belongs to the Village and cannot simply be transferred to another party just because theVillage wishes to do so. Group Two requested modifications are also listed below.

Group Onè -the þllowlng modlftcatíotrs have been made frcm our standord cont¡øct language toreflect úe Wllage's prcfercdces,

e 2.AL.C- the phrase "willattempt to provide information thaf replaces tlæ phr.ase "shall beresponsible fo/' in the first line of this paragraph.

o 3.02.C-the words "as agreed by both parties" have been added to the end of the paragraph.o 3.O2 D - the phrase ¡will atterirpt to" replaces the word 'shali."

OÍflæe In ilIlnoña, Iotw, ilIn¡æota. em| Wüeænsht16 lt¡esr M,rumlt Smnsr, Sum B . kcs [axp, WI 64868

?15.?34.1009 o 888.8ô9.1215 ¡ t'.ur ?15.234.8944wÏ¡w.m8a-p8.c0m

¡ t:\5¿o¡\525\O{i25026cdmcnpontrul rr¡l¡Dl¡o¡ hü.rdæO 2015 MSA Poft ¡rhúl $.fl þt

Page 2

Robert Hayes, PresidentJanuary 6, 2015

a

a

6.01.C - the sentence 'Engineer shall be responsiblC for all actions and activities of suchconsultantf has been added to this paragraph.

ô03.E - The following sentence, which appeared as one of the limitations, has been removed:Owner shall indemnif, and hold harmless Engineer and its officers, d¡rectors, members,partners, agents, employees, and Consultants frorn all claims, damages, losses, and expenses,including attorneys' fees, arising gut of or resulting from any use, reuse, or modification of theDocuments w¡thout written verification, completion, or adaptation by Engineef6.04.8 -The following sentence has been removed: Owner shall cause Engineer and itsConsultants to be listèd as addltional insureds on anygeneral liability policies and as los payees

on any property insurance policies carried by Ownerwhich are applicable to the Project.

5.04.8 -the word "Owñe/' replaces the phrase "Enginee/s and its Consultants" both times itappears in this paragraph

6.04 - the following paragraph has been stricken from 6.O4 in its entirety: All policies ofinsurance shall contaÍn a provision or endorsernent that the coverage afforded will not becanceled or reduced in limits by endorsement, and that renewal will not be refused, until atleast 30 days prior written notice has been given to Owner and Engineer ánd to each otheradditional insured {if any) tö which a cert¡ficate of insurance has been issued.

6.05 D.2. The following phrase has been str¡cken from the end of the paragraph: such as

reassignment of personnet, costs of terrn¡nat¡ng contracts w¡th the Enginee/s Consultants, andother related close out costs, using rnethods and rates for Additional Services as set forth ¡nExhibit C.

6.09. A - The words "made a good frith effort to" have been ihserted into the first sentence.

6.09. B - Îhe word "acknowledges' replaces the wôrd "representf6.10 - the following paragraphs have been str¡cken in their entirety:

o lndemnification hy Ownen To the fullest extent permitted by law, OWNER shall

indemnify and höld harmless ENGINEER, and ENGINEER's officers, directors, rnembers,partners, agents, consultants, and employees (hereinafter "ENGINEER") fromreasonable claims, costs, losses and darhages arising out of or relating to the PROJECI,

provided that any such claim, cost, loss, or damage ¡s attr¡butable to bodily injurysicknees,..d.iseass,...sr.Csa!-b,*_oJ.t-o-iniq.ry t-o"oj-deçtfqqlier.gt.lgngiþlç.pt-gp_9{ythan the Work itselff includíng the loss of use resulting therefrom but only to the extentcaused by any negligent act or omission of OWNER or OWNER's officers, directors,mefnbeß, partners, agenÇ employees, or Consultant (hereinafter'OWNER"I. ln no

event shall thls irtdeninity agreement apply to claims between thê ENGINEER and theOWNER. This indemnity agreement applies solely to claims of third parties.

Furthermore, in ho evênt shàll this indemnlty agreement ãpply to claims that theOWNER is responsible for attorneys' fees. This agreement does not give rise to any dutyon the part of the oWNËR to defend the ENGINEER on any claim arising under thisagreement.

o Environmental lndemníficatlon: ln addition to the indemnlty provided under paragraph

above of this Agreement, and to the fullest extent permittêd by law, OWNER shall

inriemniff and hold harmless ÉNGINEER and its officers, d¡rectors, partners, employees.

a

a

o

a

o

a

Pi5ærlÉ25v,olt25@qcntncû\øntrstd!fr ndor Ltt rdoc

Page 3

Robert Hayes, PresidentJanuary 6,2015

and agents and E1{6lMER's C,onsultants froñ and against all claims, costs, losses, anddamages (including but not limited to all fees and charges of ergineers, architects,attorneys and other professionals and all court or arbitration or other díspute resolutioncosts! caused by, arising out of or relating to the presence, discharge, release, or escape ofAsbestos, PCBS, Petroleum, Hazardous Waste, or Radioactive Material at, on, under orfrom the Project site.

o Percentage Shdre af NeglÍgencez To the fullest extent permitted by law, a party's tota!liability to the other party and anyone claiming by, through, or under the other party forany cosÇ loss, or damages caused in part by the negllgence of the pafi and in part by theneglígence of

'the other party or any other negligent entÍty or individuaf shall not exceed

the peroentage share that the party's neglþence bears to the total neglþence of Owner,Engineer, and all other negligent entities and individuals

GroupÍwo -the þllonting prcviously requested modlllÍcatíons have not been mada

¡ 6.03 E (Z¡ - ¡6" word soþ rêmains, the Village had requested it be strÍckenr 6.04. C -The Village had previously requested that all protect¡ons for Engineer and its

Consultants be stricken from th¡s paiagraph: ¡.e. that the words "Engineef and 'Engineer añdits Consultantf would be stricken ånd replaced with Owner.

¡ 6.05.D.2 -The Mllage had previously requested that the phnse, "both before and after" bechanged to "before."

o 6.08-The Víllage had previously requested paragraph B be eliminated in its entirety andparagraph A be revised to read as follows: Owner and Engineer agree to negotiate all disputesbetween them in good faith for a period of 30 days from the date of notice prior to exercisingtheir rights under law.

¡ 6.10.4 -The Village had previously requested that the last sentencg 'This agreement does notgíve rise to any duty on the part of the ENGINEER to defend the OWNER on any clairn arisíngunder this agreemenfl be stricken.

o 6.10.8 -The Village had requested that this Mutual Waiver be stricken.ö Exh¡b¡t B-The MSAto-

provide additional services at no addit¡onal compensation.o Exhibit H -Village had previously requested this be str¡cken¡ Exhibit l-Village had previously requested this be stricken

ln order to meet the scåedule for the proposed p'roject, MSA would like to haye a contract in place toproceed with woik by Febrùary g, 2015. Þlèãse rêú¡ew the attached côntract, and fonrrãid it to yourattorney and/or any other advisors of the Village's choosing for additionat review. tf the Mllage wouldlike to request modifications to ihe contract as presented, we'd be happy to meet with you and Mllagestaff or elected officials for further discussion and negoiíatíon of contract terms. ln requesting anyadditional contract modlfications, the Village should bear in mind that the compensat¡on figuresincluded in the contract have been computed based on the engineering work required to complete the

?:\5æ{521tþ0ç250lt6lfÆlEc{ntact üd.ilüoû Lü.rd().

Page 4

Robert Hayes, PresidentJanuary 6, 2015

Village's proþct. The figurès do not include MSA assuming pörtíons of the Mllage's inherent risk in theundertak¡ng of the project. Should the Village wish to have MSA shoulder additional risk, MSA wouldexpect to be compensated accordingly.

lf you hqve questions about thê contract or the pro¡ect, or require additional information to inform theVillage's decision makíng in thls matter, please feel free to contact Dave Rasmussen or rne. We will make

sure yourquestíons are addressed bythe correct personnel at MSA.

Sincerely,

MSA Professional Services, lnc.

Senior Project Engineer

tka

t¡\9¡or\525100É2So2ôContr¡GrkqlÉêt oehltrlþñ hro.rJe

FIREWORKS DISPLAY AG

THlg AGREEÍvIENT le mado and entered into thisandbetweenJ&M Displays, lnc,,hereinafrer refeirad to as'Selle/,"Buyef.

The Buyarwill prepaymont bonus product ln fiis fireworks display.

Buysr walves ths seNlcsg of selle/g tEchniclan.^ puyg.r la a municlpallty or hae a valid Bermit from sre Burêau olAlcohcl' Tobacco, Flrearrns & Þrplostues and 'âdtt ¡-. nr¡$ltt,e-iisprEv, 'lr üuñüËi, tha diupta¡ proof of gab'iþinsurance ls roqulred as statsd ¡n,.iaragraph numËr lld Ëi. ö*"Ëi"íto ¡nulrãääiiiîlLt"or,,nics wilr be kansporrod),and proof of wortte¡'s oompanoailbn lnìsuænce.covarago'ls räqulred. Buyer "gtú;ìä'ömprv wtth e1 locar, state, andfederatsuletonnes perrelnin! ro the sroitns ;^Jã¡ãóläî¡iö oäöilË.

Z Payment' The Buyer shall pay to the Seller (check one of the below oplons):

IT IS FURTHER UNDERSTOOD AND AGREED BENA'EEN THE PARTIES A8 FOLLOWS:

Flrlng of Dieptay (check qne of the below opüonr);

materiel and personnel for a flreworks display lnto óomply wtth ail loçal, state, and federal guldelÍnes

full by (30 days prior to event date).

day of 20 Æ. ,byat Yarmouth, lowa,

, hereinafter refened to as

program submitted and

of

Ø"Al', The ct¡eplay ls to tako placo on thepm, weather permitting.

the

3' weather Dela¡rlcanceuåtltn" 8u¡¡ars lntonding ùo postponø a display due to fnotom€nt weather should cont¿ctJ&M oisplays as sogn ss Èogsrbrs to keep þoefponement feês to a mfnrrnum.

The lolfowlng postponemenl fees are appllcable only lf the dísplay is re-scheduled in the same calenda¡ yêar.

' lisptays Poltp?n9d prlor.to balng plakgd up at the.magadne fcr.deüvery ineur no posþonoment fee unl's$ rhersars new costs aesoclaled wlth permít chani¡es or displãy sãtrup has o;dñü pridt product de'very.' DisplaF postponsd aflor thay åre ¡n i¡anstito ne ihõoì'eitãï¡n u" charged thefult detivery fee.' Dleplays poetponod afrer set-up by the shoot nàrrùlfl l¡ä;rargø delivery fss and 1.6 t¡mos ths shool feo for hand,nrEd.dteptaw and doubte the sl¡oót reo roiÈ*iñ ;üËlls:"' Ðisplay sãl'ups that are allottrsd to rsmain on slt" ouåríghi afie¡ g .postponement to ths foHowing day will incur a feeof eight-parcent (8%) of the total disnl*y budiei:ïhrr ;if;ver 24-hour eecurity watch of ftreworks and adctitionatlabor hours of shoot'orsw

I ' "e r"rr wr

Dlsplays cancellcd and NoT re'echeduled wlthln the same cslsndar year.wilt be,chargod thirry-pÊreênt (30ye),of üre toteld¡splûv budgot Thls rte will cover ãliÀtãi äiälü¡;Ëiúiñ;äiiå¿**'ng, packing & shrpprns, dlspray ser.up ir apprrcabresnd ro-etooklng fe€s,

*" Dlspleys eancelled due to clrcurn$lancôs beyond customers conlrol, such as burn bans or other bans issued by úre AHJwill be consldorsd on â ces€ by caoa baels.J&MÐlsplay8,lnc,

I

4, Rain Date. Should lnclament weatherparlies âgres to a mutually convenlent rain date of

of dlsplay on the date mentioned herein, the

pafl¡ês. Once dlsplay se!.up has begun, theor unsafe weaher cond¡tions shall rest wlthln

or another date as agreed to by bothfltt¡works display becausa of lnclement weather

the sole dlecrelion of the AHJ, Seller, and the lead pyrotechnlcian.

. \Fi lnðursncs. (Ghscl one of the bdow opilotrsll.\.^=-Q$ Seller agttes to provide, at its êxpon6g, genoral liabiliry insurance ooverag€, in an arnount not fess than$10,000,000, and wlthln two (2) weeke prior to the date of the fireworks display, shall submit to the Buyer, if requested inwrltlng, a csrtif¡cato of lnsurance. All pntities listed on the certificate of insurance will be dsemed an additional hãured. lnlhe event of a clalm by Buyer, tho applicable deductibte shall be paid by the Seller,

. T.fe.Seller agrees to defend, indemnify and hold harmless the Buyer and lts agenls, and employees from andlgs¡nst all cleirng,, cosþ judgments, damagss arid e*pôns€*, including reasonabla attomey foes that may or shall añso

þ* Ë,9 performance of the flruwod<s by the Buyar. îhe Buyer agree* to glve thE Sellsr prompt notice oi any olaims ordemands and lo cooperate wlth the Seller or lts sucoessors ln lnterest or: asSlgns, if any, ln the defonse oi any suchulains Endlordemands.v-À Buyer agraea to provide, at its e-xpence, generul llablllþ lnsurance covêrâge with â ratlng by AM Beet of A Vllt orhi(lher, in an Emount.¡ot less lhan S5,0û0.000, and wltfrln two (2) wseks prior lo ttre dats oi the fÏrsworks dtsptây,shall subm¡t to the Ssller a oortifloate of lnsuranco. All €nt¡tles l¡stêd on the certlflcate of insurance wlll be deemed anaddltional insured, Any eharge lncurred from the insurancs provider for addltlonal lnsurance afrer insurance applicationhas been sent in, shall be lhe responsibility of the Buyer. ln the èvent of a claim by Seller, tha appllcable deduoüble shailb6 påld by the Buyer,

. The Buyer agrêes to hold the Seller harmless and defond Seller from any and all claims brought against theSeller by employees or sponeors of the Buyer for any and all acts of tho Buyer rélating ür the event fõr whi-ch thefirewor.ks is performed.

6, Buyer agrôos to provlde:

(a) sufficient area forthe dilplay, lncluding a mlnimum spectator set back as determined by Selter.(b) protecllon of the dlsptay area by roping off or stmlar faclltty.(c) adequate pollce protection to prevent spøctators from enterlng display area,(d) dry, clean sand, lf needed, for ñring.(e) inspectlon and cleanup of flreworks debris in the fallout zone of the shoot slte st flrst t¡ght the momfngfollowlng the display for anything that may have been miesed at the night search,(f) necessary local permtts.

7. l,to reprosentatlon of affirmation of facl, lncluding but not limited to atâtement regardtng capaotty, suitability foruB6, or performance of equþment or produc-ls shall be, or deemed to bo a urananty by th]e Seil;r for any purpose, norglve rleo to any llability or obllgalion of tha Sallar whatsoeyer, excêpt for acte of Seller'-s nègllgence as above draË¿.

E. lt ls furthe¡ undelstood and agreed that rrothing in this Agreament shall bo construed or lnterproted to mean apartnqrsh¡p. Both paitles hereto being responsible for their separate and individual debts and obligations, and neitherparty ehall be responslþle for any agreemenb not eüpulated in this Agreement,

. I' The F.artleo trryþ do mutually'ånd severålly guaranlee üormE, cöndtbns. ano payments of thls Agraement.Thls documsnt shall be bindlng upon the pariles, themgelvee, thefr heirs., execubi$, a¿rnlñ¡shatore, eucceãçors andaesígns.

lN WITNESS WHEFËOF, the parties hareto have executed this Agieemont the day and lirst aþow written.

BY:

SELLER

Pleass lncludê tho DISPLAY INFORMATION form wlth thle Agroement ûo your order ls processed accurately.

2J&MDìaplaye, lnc.

lnc.BUYER

BEFORE Sanity Prevailed

RISK ALLOCATION - Mutual Aid Agreements

8.1 lmmunitv. All Members are governmental entities entitled to governmentalimmunity under common law and under Section 893.80, Wis. Stats. Nothing containedherein shall waive the rights and defenses to which each Member may othen¡rise beentitled, inctuding all of the immunities, limitations, and defenses under &ction 893.80,Wis. Stats.(2005-2006), or any subsequent amendments thereof.

8.2 lndemnification. The Receiving Member agrees to protect, defend, indemnify,and hold harmless the Responding Member, and its offrcials, officers, employees,agents, authorized representatives or volunteers, from and against any and all claims,demands, losses, damages, costs and liabilities of every kind, including, but not limitedto, attorney's fees and costs of litigation, directly or indirectly arising from theResponding Membe/s provision of aid or assistance to theReceiving Mernber during aPeriod of Assistance. The scope of the Receiving Member's duty to indemnify includes,but is not limited to, suits arising from, or related to, negligent or wrongful use ofequipment or supplies on loan to the Receiving Member, or faulty workmanship or othernegligent acts, errors, or omissions by the Responding Member's personnel. TheReceiving Member shall not be required to defend and indemnify the RespondingMember for any willful or wanton misconduct of the Responding Member or its officers,employees, agents, authorized representatives or volunteers. ln addition, the ReoeivingMember shall, under no circumstances, be required to pay on behalf of itself and otherparties, any amounts in excess of the limits of liability established in 9893.80(3), Wis.Stats., applicable to any one party. The purpose of creating this duty to defend andindemnify is to simplify the defense of claims by eliminating conflicts among defendantsand to permit liability claims against multiple defendants from a single occurrence to bedefended by a single attorney. The Receiving Membe/s duty to indemnify is subject to,and shall be applied consistent with, the conditions set forth in Sections 8.3 and 8.4.

8.3 DAFaoe to Eouipment. Each Member shall be responsible for damages to orloss of its own equipment. Each Member wairæs the right to sue any other Member forany damages to or loss of its equipment, even if the damages or losses were causedwholly or partially by the negligence of any other Member or its officers, employees, orvolunteers.

8.4 Worker's Comoensation Claims. Each Member shall be responsible for injuriesor death of its own personnel. Each Member will maintain workers'compensationinsurance covering its personnelwhile they are providing assistance pursuant to thisAgreement. Each Member waives the right to sue another Member for any workers'compensation benefits paid to its own personnelwhile they are providing assistancepursuant to this Agreement. Each Member also waives the right to sue another Memberfor any workers'compensation benefits paid to its own employee or volunteer or theirdependents, even if the injuries were caused wholly or partially by the negligence ofanother Member or its officers, employees or volunteers.

8.5 lnsurancg. Members shall maintain an insurance policy or maintain a selfinsurance program that covers activities that it may undertake by virtue of membership inWiSWARN.

8.6 Survival of Obliqations. ïhe obligations set forth in this Article Vlll shallsurvivethe termination or expiration of this Agreement.

After Sanity Prevailed

RISK ALLOCATION - Mutual Aid Agreements

8.1 lmmunitv. All Members are governmentalentities entitled to governmentalimmunity under law, including Section 893.80, Wis. Stats. Nothing contained hereinshall waive the rights and defenses to which each Member may be entitled under law,including all of the immunities, limitations, and defenses underSection 893.80, Wis.Stats., or any subsequent arnendments thereof.

8.2 Member Resoonsible for Own Actions. Each Member shall bear the risk of itsown actions, as it does with its day-to-day operations.

8.3 Engloyee Claims. The employees of a Responding or Requesting Îvüember shallbe covered by his or her employing Member for purposes of worker's comperìsation,unemployment insurance, and benefits under ch. 40 Wisconsin statutes regardless ofwhether their Member employer is a Responding or Requesting Member.

8.4 lnsurance. Members shall maintain an insurance policy or maintain a selfinsurance program that covers activities that it may undertake by virtue of membership inW|SWARN.

8.5 Survival of Oblioations. The obligations set forth in this Article Vlll shall survivethe termination or expiration of this Agreement.

INDEMNITY LIMITING LANGUAGE

Nothing contained within this agreement is intended to be a waiver or estoppels of thecontracting municipality or its insurer to rely upon the limitations, defenses, andimmunities contained within Wisconsin law, including those contained within WisconsinStatues 5.893.80, 895.52, and 345.05. To the extent that indemnification is available andenforceable, the municipality or its insurer shall not be liable in indemnity or contributionfor an amount greater than the limits of liability for municipal claims established byWisconsin Law

( note - this language could be used in every contract)

@ -loHr.r DeeRE RENTAL AGREEMENTRental# 0bbbuub/

o inalENDSRENTAL TERM BEGINS May 25,2o1sNamÈ

MARSHFIETD UTIIITIESLESSEE DATE May 22,2018

ACCOUNT NO,t78873

Govsrnment 8id No.Purchaser Accl No cuslomer P,o, NO.Slreetor RFD 2ooo SOUTH CENTRAL AVENUE, PO Bqfl

LESSOR NAME AND AODRESSBROOKS TRACTOR INCORPORATEO

Clly, ST Zlp' Code MARSHFIELD. W 54440

TelephoneNurnbef 5429 Pra¡ris Drivs

Plover, \M 54467Conlact

s 0.00

3 0.00+ llemized Fees

ù Taxes s 0.00

s 0.00+ SeNIce Charge

s 0.00+

^ddll¡onalCharges= Addilional Chergos Sublotal $ 0.00

s 0.00Total Rental Chargs

P€rcentage of Renlal Paymonts ^ppliod

lo

Purchase Oplion: 0.00 %

Secur¡ly Deposit ¡ $ o.oo

Maxlmunr Hours No More ThanMaxlmun¡ Hours No More Than

Maximunì HouÍs No More Thðn

B

40

176

Per O¿¡y

Per Week

Per Month

"nENT^LCI'|^ßGEFOnOV[ßllOUßUSÂGE:$ 0 PEßHoUn""DEMONSTn^TIONM^XIMUMOF( 4 )I{OUnS^LLOWED.Âfter( 4 )houtsyou wlll be charged $ 25,00 per hour." .Âll rcpairs requlred due lo abusc, negligence. or accident will bc chargcd to the lessce upon return of lhcrental equlpmenl.

^lso, any cxccssivc clean.up cost rvill be tho re¡ponslbllity of the leisee at current shop r¡tc. 'rTo prevent fuel rurcharges (currently

58,00 pcr gallon), ple ase rcturn ðll renlal/demo unlts w¡th a full tank of fucl. Lessco ls responsible lor m¡intenance according to m¡nufacturer'sguldclitres. .Payment ls due upon recelpl of lnvoice. Lessee agrees to pðy ðll personal property taxes on thc lctllng, usq posres:ion, or operations of

ìhe cqu¡pmenl, tìeturn without opcrator'i manual = $200. 'Thls multlple pðgo contract lncludes an addendum {"' lF SO PßOV|DED FOß; Tl'll5

RENTAI AGNEEMENT IS SUBJECT TO ALI. OF THE TEßMS AND CONOITIONS SFT OUT IN THË MASTER NENTAL, DATED

-

AGNEEMENT

BEÏWEEN ANO BNOOKS TßAfiON NC,, ALL OF WIIICTI AßE }IENEOY MADE A PANT OF TIIIS ßENTAL AGREEMENTJ

EOUIPMENT WtL BE USED AT: (Name) (Address) L6sses w¡ll nol remove lhe Equlpmsnl lronllhis Locsllon wllhoul wtltlen permlssion komLessor,

(c¡ly) Slate/Province (ZlP Code) Counlywooo

{Phone NumbeO

W

Doc Ref No. Qty Model Size & Description of Equipment lHour Meter(Givo Produci ldent¡licai¡oh No.) | Readlng

Min. RentalGuaranleedBy Lessee

Presenl Value 9/o

sOG COMPACTEXC

rotl JOlll{ Dtt¡l ¡06 Comp¡(l trl¡v¡tor

I lff05t¡6xrtH¡s¡0¡1 |

Stocß rs250762 217

Ããäãiffiìoay 0.00 fÉffiîãGilo.oolPorlod I

s 55,000 00 0.00f

Primary lnsufance Name and Address

Add¡lional lnsured Name and Address

lnsurance Loss Payee Name and Address fi[%oJl|*rroTRAcroR s420 prairis Dr¡vê Ptover, lM us

s 5s,000 00,TOIAL

'RE6Êì0VATUE

PURCHASER TYPE

6 Cily/TownMllage 17 Gsnsral Ulllity

SET OUT ON THE FOLLOWING PAGESENTALAGREEMENT.

LESSEE(Customer) LESSOR(Oealer)

ROGOWSKI,GLENMARSHTIELD ,l^

BY

Defaull LESSOR(Dealer)

EROOKS TRACTOR INCORPORATE

5/a.t/tüPage 1 of5

Dale

RENTAL AGREEMENTLgeügfgl The above-named Lessor hereby loases to lhe above Lesse€ agrsss lo use and cãre for tho Equipment in a carelul

nar*¿ tusrue the equipment lisled herein ('Equlpment") for lhe andprudenl mannar, to pay all operalion and maintenanca expenses

ternr and wilh the reniaipayments set out above. Rentalþayments wh¡le ¡tre Equipmenl ls oul of lhe possession of Lessor, and lo make, al

shall be made to Lessor'al lhe address shown above or to óuch Lessee's sole expense, any and all repalrs. Lesseo agtees (a) to-nol

olhor person and address as Lessor may direct from lime to time. move the Equlpment to another county oÍ stale without notifying Lessor

Lessee will pay the cosl of transportlng ihe Equipment from Lessor's within 30 days; (b) to operale and malnlain lhe Equipment in

place ot bujinåss and return¡ng it tt erãto. Suih iransportatlon shall accordance wllh all (1) laws, ord¡nances and regulalions, (2) manuals

iake place dur¡ng tlìo lerm he¡ãof, Lessee agrees to remit to Lessor and olher instructions issued by lhe manufaclure(s) ãnd supplie(s),

lhe rånþl paymãnts and all other amounls when due and payable. and (3) insuranco policy torms and roquhementsi (c) to Perlorm (al

even if Lessor does nol send Lessee a bill or an involce, Lossee Lessee's oxpense) all ma¡ntenance and repalrs necessary lo keep lhe

agfeos lhat any amounl due undel lhls Renlal Agreemenl, may. if Equlpmenl ln as good a condllion as when.delivered lo Lessee,

speclfied abovã, al the oplion of lhe Lessor, be Jubmllled by Lessor reasonable wear excePted: (d) lo not lnslall any accessory or device on

ai a charge authorized by Lessee lo lhe PowefPlån of Fafm Plan the Equipment, unless il can be removed wilhout damaging the

âccounl of Lessee, and Lessee agrees lhal lhg lonns af thal account Equlpment or in any way alecling lhe valuo, useful lile, or originally

¡hall lhereafler apply lo any acceõl"d charges. For any paymenl intended use of the Equipmenti (e) to not represent.lhe Equipmenl as.

which is not rec¿iieå by itjdue dale, Lessèe agrees ló pay a late owned by Lessee or to pledge the Equipment as collaleral lo any lender

charge equal to 5% of ihe pasl due amounl (nol to exceed lhe or olher parlyi (D to load, unload, lransporl, and secure for lfansporl, in

nr"rii¡rm amount permitleb by lawlas reasonable colloclion cosls, accordañce wilh sll laws; (g) to acquhe or pufchase all prop€r perm¡ls

plus lnterest from tlre due daté untií pab at a rale of 1.5o/o per monlh, ln contpliance wilh all lederal and slale trafic law. Upon any expiration ,

bul h no evenl more than lhe maximum lawful rale. Resfiðüve or te¡minallon of lhls Rental Agreemenl, all Equipment shall be relurned

endorsements on checks Lessee sends lo Lessorwill nol chango or by Lessee at Lessoe's sole.expanse and in salisfactory cond¡lion. along

leduce Lessee's obligåtions to Lessor. lf a payment is relurned lo wlth all use, maintenance and repair records. Equipment is in

Lessor by lhe bank fðr any reason, Lessee'agrees lo pay Lessor a satisfaclory condilion ifil is in as good a condilion as when the

fee of $5ô.00, or the maximum amount permitted l¡y làw, whichever Equipmeni was del¡vered il to Lessee, reasonable wear excepled. and

¡s less. Rental paymenls and olher paymenls may be applled, at conforms to any malnlenance standards incorporaled ¡nlo lhe.Renlal

Lesso¡s discreiion, lo any obligatioñ Lessee may have lo Legsor or Agreemenl, lf, upon ils relurn lo Lessor, the Equlpmenl is not in such

ils assignee or any afliliaie of Lessor or its assigñee. lf lhe tolal of all good condllion, Lossor may ropair ¡t and Lessee wlll pay lhe cosl of any

p"ym"ñtt made during lhe renlal term exceeds lhe tolal of all iuch repairs al Lessot's l€gular shop rates. lf Lessee falls to return lhe

aniounts due under lhe Rental Agreement by loss than S25, Lessor Equipment promptly upon any exphalion or termlnalaon of this Rental

may relaln such excess. Rental tãrms and condlllons from all Agreement, addillonal rent shall bo payable by Lessee for each day ths

invó¡ces, monlhly slalom€nls, or other agreemenls between Lessor Lessee remains ln possosslon of lhe Equipmsnt, in an amount profated

and Lessee are irereby incorporated ¡nto lhis Renlal Agreemenl. at ono and one-half llmes the normal rgnlsl payment amounl, Lessee

LESSEE S pAyMENf OBLIGAT|ONS ARE ABSOLUTÉ AND agrees lo keop lhe Equipment fieo and clear of l¡ens and

UNCONDITIONAL, AND ARE NOT SUBJECT TO eñcumbrances, exc€Pt lhose ln Lessol's favor, and ptomplly nolify

6ANçELLATI9N, hEDUcTloN oR SEToFF FoR ANY REAsoN Lessor il a lien or encumbrance ls placed or thtealened agalnst lhe

WHATSOEVER. Equlpmenl. The Equipmenl may be equippod with telemalics hardware

and software ("Telematics") that transmlt dala to Lessor, John Deere, or

2. Securlty Deposlt. Any Security Deposit wlll be held by Lessor in other John Deefe dealefs. Lessee agrees thal Lessor, John Deere and

a n"n-¡nt*est t¡eàring accounl, ómmingled wilh other fúnds. Lessor other John Deere dealers (lhelr aflillales, successors and asslgns).

may apply lhe Securñy Deposit lo any amounts duo under lhe Rental withoul fuflher notice lo Lessqe have lhe rlghl lo: (i) accoss,.uss, collect

egree;ie;tf and, if Lesior does so, Lessee agrees to promplly remit and dlsclose any dala genefaled by, collecled by. or stored in' lhe

to Lessor lhe amount necessary lo restore the Securiiy Deposil to Equipment or any hardware or devic€s lnlsrfscing wllh the Equipmenl

lhe orlglnal amount. The Securily Deposit will be returned to Lessee ('Machlne Data'); (¡¡) access Machino Data direclly lhrough data

wittrin [trirty days of termlnation óf thã RenlalAgreemenl and f¡nal reporllng devlces lnlegrated within,.or attached to, the Equipment,

inspectloniy fessor, provided Lessee is not lniefault, lncluding Telematlcs ("Data Reporllng systems"); and (iii) updale lheDala Reporting Syslems saftware from time lo time. Machine Data

3, Equipmont use. LESSOR HAS NOT MADE, ANO DOES NOT may b€ lransfeff€d out of lhe country where it is generated, including lo

¡u¡re, ¡Hy REPRESENTATION OR WARRANTY, EXPRESS the U.S.A. ln lho event lhat thg Machlne Data lncludes Lesses's

oR lMÞLlED, As To THE EeUtpMENT,s MERCHANTABILITY, personal lnformatlon, Lossee hereby consents to the collecllon, use

FITNESS Foit A pARTIçULAR PURPOSE, SUITABILITY, oR and dlsclosure of such personal lnfomation, to permit Lessor. John

OTHERWSE. Lossor ls lhe owner of lhs Equipment and lho Lessee Deere and olher John Deele dealers lo access and use the Machine

has only lhe lght to use lhe Equipmont undilìhe ternrs of this Dale as set foflh horein. Lessee warfanls that it has obtained any

RenlalAgreenienl. You agree io'USE THE EOUIPMENÏ ONLY nocossary consenl fiom lls employees or any other lhkd padles'

FOR AGárcULTURAL, BIJSINESS OR COMMERCIAL PURPOSES including w¡lh respect to lhs lransfer of Machine Dals lo other

ANÐ NOTFOR PERSONAL, FAMTLY OR HOUSEHOLD jurisdiclions, to comply wilh any appllcablo privacy laws of conlractual

PURPOSES. ll ls contemplaled lhat the Equipment will be operaled agreements wllh such employoes or third partles and to perm¡l Lêssor,

for nol more lhan the Mailmum Hours spocllied above, and Lessee John Deere and other John Deere dealers lo access and use the

agrees to pay addiilonat renlal proraled ãt lhe applicable daily, Machine Data as set fodh heroln. Lessee shall not use lhe Dâta

wäemy or mónthly rate for each hour the Equlpmènt ls used in Reporling Syslems to track lhs localion of any person unless Lessee .

excesi of the Maxlmum l-lours. The addiiloñai rent for excess hours hai first óotálned any necessary approvals from such Person lo perm¡t

shall be paid at the t¡me the Equipment is returned or, lf lhe Lessee, Lessor, John D€ere and other John Deere dealers lo hack

Equlpment ¡s fent€d for mors tiran thtny aays, an lhe t¡fst day of the such localion, Lessee shall not r€move, modify or disablo any Data

mónih foltowing such use. lf there is an hoúr meter furn¡shed,Lessee Reporling Syslems w¡thoul Lossol's pf¡or wr¡tten consont.

agrees to keep it connecled lo lhe Equipment and ln good worklngcondilion al all tlmes and it is to be used as the concluslve basis oflhe number of hours or opetallon. Lesseg agrees lo afl¡x andmaintain, ln a promlnenl place on the Equipmenl, any labels. plates

or olher marklngs Lessor may prov¡de, Lessee agrees to pay 9- iflhe hour meler ¡s damaged or rendered lnoperative durlng lhe termof lhis Rental Agreemenl. Lessoo shall indemnify Lossor agalnsl all

loss or damage to the Equipment while ¡t ls oul of Lessor'spossesslon. Danrage to the Equipment. shall not sbale or excusethe mak¡ng of prescÍ¡bed tenlal payments.

Custonìe/s lnillals

Date

,ð,1.

5leïtøPage 3 of 5

RENTAL AGREEMENT4, Rlsk of Loss. Lessee uncondilionally assunìes all f¡sk and liability

for, all damages for injuries or death lo person and property arising oulof or relat€d (whether dhectly or ¡nd¡rectly) lo lhe use, renlal, possesslon

or lransporlalion of the Equipnlont ¡ncluding,bul not llmited lo, 6nycla¡ms that Lessor was negligent, failed to warn Lessee of any rlsks ordangers assoclalod wilh use, possesslon or lransporlallon of lheEqulpmenl, or falled to asslst Lessee load, unload, ltansport or inspect

the Equ¡pment before, durlng or after the Te¡m of Lease. Lessee, at

their own expense wlll carry public liablllty insurance wilh minimumliability llmits ln the amounl of Sl ,000,000 per person and 91,000,000por occurronco for bodily injury, lncluding death, and in lho minimumamounl of 5100,000 per occurrence fol property damage. ln sddition'Lessee wlll maintain property insurance for all loss or damage lo lheequipment for not less lhan 1 00% of ths equipntenl value and

accossorles. All insurance must be wllh companies and policiosacceplablo lo Lessor which shall lisl Lessor as an addilional loss payee

& Jolnt payee of any Equlpmenl insurance claim procoeds. Lessee'sobligation lo lnsuro the Equlpmenl conlinues until Lessee rslurns lhoEguipmenl lo Lessor and Lesso¡ accepts it. Neilher Lessor, its assigns,

lhe wholesale dislrlbutor nor the Manufaclurer shall be liable for any

special, incidental, consequenlial or pun¡live damages lhal may result

írom any failure or use of lhe Equipmenl or for breach of lhlsAgreement. Unt¡l the Equlpmenl is relurned lo Lessor in salisfactorycondilion, Lessee is responsiblo for all risk of loss and damage, loss,

thell, deslruclion or soizure of lhe Equlpment. Lessee must promptly

notify Lossor of any such event. ln lhe evenl of any loss of damage lolhe Equlpment, Lessee agfees to promPtly r€pak or roplace theEquipmenl lo Lessor's salisfaclion, al Lossee's sole cost, and lhe lermsof lhe Renlal Agreemenl wlll conlinue to apply throughout lhe RenlalAgresmenl lsrm.

5. Purchaso Optlon. Upon explration of lhe term of lhe RentalAgreemenl or at any time du¡ing such term, and provlded Lesseeis nol ln defaull, Lesses may elecl to pl¡rchase lhe Equipmenl forlhe 'Tolal Present Value" shown above (plus applicable taxes,including eslimated property laxes) and may apply to suchpurchaso price the percenlage spocil¡ed above of all renlalslhersfore pald. Such elect¡on shall be ovidenced by exocution of apurchase order form supplied by Lessor, together with payment of lheremalnder of tho purchase price ¡n cash or seltlomenl for lheEquipment ln sonre olher manner agreed lo ln wdtlng by theparlies. Lessor has nol made and does not warrant, represenl, orotheftvise make any promises lelaled to linancing lhe purchaseprice of lhe Equipment, Lessee ls solely responslble for securinglhe purchase price of lhe Eguipment. Upon receipl of theremalnder of the purchase ptice, we wlll transfer lo you all of ourright. tille and interest ln the purchased equipment AS'IS' WHEREIS.WITHOUT ANY REPRESENTATION OR WARRANTYWHATSOEVER. Tho terms of lhe Rental Agreemenl conl¡nue prior

to any final lransfer of Lessor's tight, tille and lnterost ln thepurchased Equ¡pmenl lncluding Lessoe's agreemenl to mako

timely rental payments.

6. lndemniflcatlon. Lessee shall be solely tesponsible for all losses,

damages, lnJuries, dealh . suils, actlons, claims, allorneys'feesand cosls, ('Claims"), incurred or asserled by any person, ln any

manner ralaled to the Equ¡pment of lhe use, rental, possession or

kansportal¡on lhoreof lncludlng any Clalms Lessor was negllgent.

Lesseo agrees to protecl, defend and lndemnlfy and hold Lessorharmless, kom and agålnsl all Claims of any kind or nalurewhatsoevor, although Lessot ressrves lhe rlght to conlrol the

defense and to sslect or approve defense counsel' Lesseo wlllpromplly not¡ry Lessor of all Clalms mado' Lessee's llabillty under

il¡¡s Seition ls not limílsd to the amounls of insurance requhedunder lhis Rental Agreemenl' This indemnity commonçes uPon

lhe Rental Term Begins on Date of th¡s Renlal Agreement and

continues beyond lhe lerminat¡on of lhis Ronlal Agreemenl. for

acls or omissions, whlch occurred duling the Renlal Agreement

term.Lessee waives all rights and romedies confotted upon a

lessee under Arlicle 2A of the Uniforrn Commercial Code.

7. Addltlon of Accesso¡les: Lessee will not, without the express

wr¡lten consent of Lessor, install any accsssorles or dovices on the

Equipment if such lnstallallon will lmPalr the origínally lntendedfunciion or use of lhe Equlpmonl, All acc€ssorles or devices affixed

to lhe Equlpmenl shall automatlcally become the property ofLessor unless such accessory devic€ can be removed wilhoul in

any way (a) dlmlnlshing the value of the Equipment' or (b) affecling

the originally lntended funclion or use of lhe Eguipment' Any

damage to the Equipmenl caused by the removal of such

accessorles ot devlces shall be promplly repaired al Lessee's sole

êxpense to lhe sallsfactlon of lhe Lessor,

8. Compllancs wlth Regglatlons: Lessee shall comply with and

conform to all laws and regulations relaling to ownership,possession, use, ttansporlation and malntenance of theEqulpment, lf appllcable law roqulres lax relurns or reporls lo be

filed by Lessee, Lessee agrees lo Promptly lile such tax returns

and reports and deliver coples lo Lessor. Lessee agr€es lo keepand make available to Lessor all l8x felurns and reports for taxespaid by Lessee. lf applicabla, Lessos shall include lhe Equipmenlin ils rental fleet for emissions reporllng purposes and shall

accurately prgparo and file all such reports ln a tlmely mannet.

9. lnspectlon: Lessee shall, whonever tequesled, advlse Lessor ofthe exact localion of the Equlpmenl. Lessor and ils represenlallvesmay, for tho purpose ol inspectlon, at all reasonable limes, enlerupon any Job. bulldlng or placæ where the Egulpment is localed'Lessor, John Deere and olh€r John Deere dealers may uss Dala

Reporting Systoms at any llmo durlng lhe lerm of lhis Rental

Agreement to collecl Machlne Data from the Equipment and

delermlns lts locallon, condilion, or olher opelaling parameters.

10. AsslgoBenl: Lessor may, w¡thout notlc€ to Lossee, assign lhisRental Agro€ment and all of Lesso¡'s rlghts ln and lo lheEqulpmenl and all renls due or lo become due lo Lessorhereunder. L€ssee's obllgation lo pay rent under lhis RentalAgreemgnl shall not as lo any such assignee be subjecl lo anydiminulion arislng out of any breach of any obllgallon hereunder orolher liabll¡ty of Lessor to Lessee. L€ssge may nol assign this

Renlal Agreemenl, sub-leaso or allow anyone olhef lhan Lessee'semployees lo use the Equipmont. L€ssee agreês not lo asseflaga¡nsl Lessof's assignee any claims, ofsots or defenses whichLessee may have agalnst Lessor,

11*-0efa!¡ll: lf (a) Lessee shall (1) fail to make renlal, sorv¡ce, orolher payment when dus. (2) altempt lo sell or encumber lhe

equipmenl, (3) cease qperating, (4) lnstitute or havo lnsl¡tuted

agalnst him procaedings under any bankruptcy or insolvency law,(S) mat<e an asslgnment for lhe beneflt of creditors, (6) fail tocomply wllh any olher Provisions of thls Renlal Agreement, (7)

mergswith or consolidate lnlo anolhef enlity; (8) sell substantially

all ili assols; (9) dissolve or terminale ¡ts exlgtence: (10) use lhe

Equipment ln a manner Lessol deems is lmptoper orunreasonable: or (1 1) Lessoo (if an lndivldual) dles, or if, (b) any

altachment, execulion, writ of process is levled agalnst lheEquipment or any of Lessee's property, or lf (c) a defaull occurs

under any other agreement between Lessee (or any of Lessee's

affiliales) and Lessor (or any of Lesso/s affillales): or lf (d) fot any -

reason Lessor deems ltself lnsecure or the Eguipment unsafe; or if(e) Lossor, ln lts oplnlon, deenrs Lessee's linanclal condition

unsatisfactory lessor may d€termlne lhat Lessee ls ln dofault (An

"Evont of Dofault").

Customer's lnltials

OalsPage 4 of 5

RENTAL AGREEMENTl2'Renredles:UponlheoccurrenceofanEventofDefault,LosseeiLessoofepf€senls.shall (a) dellver lho Equipnrent lo Lessor on denland and Lessor warranls and covenanls lo Lossot so long as this Rental Agleemenl isnìay enler upon any Job, buildlng or place where lhe Equipment ls in etfect, thal: (a) execulion, delivery and performance by you of thlslocatsd and lake possesslon lhereof wilhoul nol¡c€ lo Lossoe, and Renlal Agreemenl doos not and will not ( 1) vlolale any applicable law:lhis Rental Agreemenl shall lhereupon terminalo and be forfeited at (2) breach any ordor of courl or olher governmenlal agency, or of anylhe opllon ol Lessor (b) AS LIOUIDATED DAMAGES FOR LOSS OF underlaking Lessee is a party lo or by which Lessee is bound; (b)

BARGAIN AND NOTAS A PENALTY, pay lhe sum of (l) all rent and Lessee will comply with all applicable laws, ordinances and regulalions:olher amounls lhon duo and payable lo Lessor; plus (¡¡) the presenl (c) Lessee wlll not lake any acllon, includlng l¡l¡ng any lax or olhervalue of all remaining fenl paymonls and olher amounls. discounled reporl. thal is lncons¡slenl w¡th Lesso,'s ownershlp of lhe Equipment:al lhe rate implicit In lhis Rontal Agreemenl, (c) pay damagos for any (d) all lnformallon Lessee has given lo Lessor is true, accurale andln¡ury to the Equipmont, legal expenses (including, w¡lhout limilal¡on, complole; (e) since lhe date of lhe mosl rec€nt financial informalioncourt cosls and allorney's fees), lhe cost ol any reposgesslon and/or given to Lessor, no maler¡al advsrse change in Lessee's business,removal of the Ëqulpnrent from lhe possession of Lessee, and all assels, or prospecls has occured, Lesseo will promplly dol¡ver tofiolghl, slorage, transporlalion and olher charges ¡ncured in such Lessor such linancial slalenìents, feporls and olher ¡nfofmal¡on âsremoval and return lo Lessor at lls place of business. Upon lhs Lessor may requost; (0 Lessee ls ¿nd will remain duly organized,occurrence of an Evenl of Defaull, Lossor may also exerciso any validly exlstlng and ln good slanding under lhe laws of Lessee'sother temedy available al law or ln equily, These remedies are jurisdlction of organizalion; (g) Lessee is qualllied to do business undercumulal¡ve, ars ln addilion to any other remed¡es provlded for by lhe laws of all olher Jurlsdlcllons where qualilication is requhed orlaw, and may be exercised concurrenlly or separately al any lime. advisable; (h) lhe execulion, delivery and performance by Lessee of theNo delay ln, or fallure tor oxerclse or enforce ¿ny flght or Renfal Agreement wlll nol breach any provlslon of Lessee'sremedy hersunder, whethor ln whole or ln part, shall serve ¡o ofganizal¡anal documenls or legal aulhofity, Lessoe acknowledges andwalve, compromlse, lmpalr or dlmlnlsh any such rlghts or agrees, lhat (1) lhe Equipment was selecled by Lessee; (2) lheremedlos. Equipmenl (including all manulaclurer manuals and inslrucl¡ons) has

been delivered to, and examlned by, Lessee (3) lhe safe operation and13. Constructlon: This is an agreenrenl for Equipment renlal only the proper serv¡cing of lhe Equipmenl were explained lo Lessee (4)and nolhlng heroln shall be conslrued as conveying lo L€ssee any Lessee receivod lhe w¡itlen warranly applicable lo lhe Equipment anddghl, lille or inleresl in or lo any item of Equipmenl renled hereunder understands that lhe wf¡tten warranly ls not a parl of lhls Rsnlalexcepl as a Lessee. This RentalAgreemsnl supersedes and Agreement.teplaces all prior underslandlngs and communicalions (oral orwr¡llen) concefnlng th6 subjecl matter lh€reof. ln the sv€nt ol an 17. Gsn6ral: Time is of lhe essence of this Rental Agreemenl.amblgulty ln or dlspute regardlng the lnterpretatlon of thls LESSOR AND LESSEE EACH IRREVOCABLY WAIVE ANY RIGHTRental Agroemont, lnterpretatlon shall not bs rosolved by any EITHER OF THEM MAY HAVE TO A JURY TRIAL. Lessols fallure alrule provldlng for lnterpretatlon agalnst the party who causos any lime lo requlre slf¡cl pelormance by Lessee of any of lhethe uncortalnty to exlst or agalnst the draftlng pany. lf a court provlslons of thls Rontal Agreement shall nol waive or dlm¡nish Lessor'slinds any part of lhis Renlal Agreement lo be invalid or Íghl lhereafter lo demands strict compliance therewith or wilh anyunenforceable, lhe remainder of this Renlal Agreemenl will remain in provislon. Waiver of any defaull shall nol waive any olhor defaull. Anyetlecl. Lesses perrnits Lessor lo monllof and record telephone alteralion or modificalíon of lhls Renlal Agfeement shall be in w¡ilingconversallons between Lessee and Lessor, and signed by lhe parties herelo. Lessee acknowledges receipt ofa

signed copy hereof Lessee irevocably sulhorizes Lessor, at any lime,14. Guarantsed Renlal . Return ol Eouipmsnt: Provided lhe lo (a) inserl of cofr€cl infotmation on lhis RentalAgfeemenl, Íncludingguaranleed renlal shown on Pago 1 or has been paid Lessee nray Lossee's correct legal name, serlal numbefs and Equlpmenlfelurn lhe Equipment and lermlnale this Rental Agreement on lhree dêscrlpllons; (b) subm¡t nolices and proofs of loss for any requireddays'nolice lo Lessof. ln lhe evenl such te¡mlnalion occurs prior lo insurance; and (c) endorse Lessee's name on remillances forlhe explratlon of tho lentalAgreement lerm, Lessee agrees to (a) lnsufance and Equipment sale gr rental proceeds.promplly deliver the Equipment to Lessor at tho llme and plac€Lessor chooses; and (b) pay to Lessor the remainder of all rentalpayrnenls for the Minimum Rental period Guaranloed by Lessee,which will all be imrnediately due and payable. lf lhis RentalAgreement is lerminated for any reason and Lessee does nol returnlhe Equlpment to Lessor, LeEsee agfees lo rem¡t to Lessor. unlilsuch llme as lhe Equipmenl ls relurned lo L€ssor in accofdance wilhlhe provisions of lhls Section, addltional lease paymenls each monthequal lhe Renlal Rate, or its monthly equivalent.

15. Replacsment: Lessol may, at Lessor's opllgn, feplace lheEqulpmonl wilh a slrnilar machine at any lime during the rental term.Lessor wlll nolily Lessee if Lessor intends to oxorclse this opllon,and Lesses wlll have three (3) business days followlng such noticeln which lo exercise lhe purchaso oplion provlded ln thls Leaso orr€turn lhe Equ¡pment to Lessor. Upon rslurn of the Equlpment loLossor, the r€nlal term herounder shall lerminate, and the partles wlllenler into a new origlnal Renlal Agreement covering lhe replacemenlmachlne. Such new Renlal Agreemenl shall extend. al a minlmum,for lhe romainder of thls Renlal Agreement's r€nlal term and shallhave a renlal ráte no grealer lhan tha rale for renlal of lheEquipmenl hereunder.

Customer's ln¡lials

DåtoPage 5 of 5

NFL FLAG League Registration Agreement

Terms and Condítíons

By checking the box next to "Agree to terms and conditions of NFL FLAG Football League

Registration Agteement," I agree to the terms and conditions of this agreement (this "LeagueRegistration Agreement"), and I agree, warrant and covenant as follows:

1. AUTHORITY TO REGISTER AIID/OR TO ACT AS AGENT. I represent and warrant to

NFL Properties LLC, NFL Ventures, L.P., the National Football League, its thirty-twoprofessional football member clubs ("Member Clubs"), and each of their respective employees,

officers, directors, sub-contractors, sponsors, agents, affiliates, and subsidiaries (collectively, the

"NFL Entities") and USA Football, Inc. and all of its employees, officers, directors, sub-

contractors, sponsors, agents, affiliates, and subsidiaries (collectively, "USA Football") that Ihave full legal authority to complete this League Registration Agreement on NFLFLAG.com(the "'Website"). In addition, to the extent that I am registering a league (my "League'o) on behalfof a third party (or third parties), I represent and wamant that I have been duly authorized to act

as agent on behalf of such party (or parties) in performing such registration. By proceeding withsuch registration, I agree that the terms of this League Registration Agreement shall applyequally to me and to any third party (or parties) for whom I am acting as agent.

Complíance wíth Children's Online Privacy Protection Act ("COPPA'). I represent and warrantthat, in compliance with COPPA, I am over thirteen (13) years of age, and that, to the extent I amproviding any information with respect to a child under fourteen (14) years of age, I am theparent or legal guardian of such child, and I do hereby consent to the collection of such child'spersonal information by the NFL Entities and the use by the NFL Entities of such information forsolicitation of programs and events.

2. LIMITATION OF LIABILITY; DISCLAIMER OF \ryARRANTIES. THE NFLENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM:

A. LEAGUE ORGANIzuTION. (Ð ANY AND ALL DEMANDS, RIGHTS, AND CAUSES OF

ACTION OF WHATEVER KIND OR NATURE, ARISING OUT OF ALL KNOWN ANDI.]NKNOWN, FORESEEN AND UNFORESEEN, BODILY AND PERSONAL INJURIES,DAMAGE TO PROPERTY, AND THE CONSEQUENCES THEREOF, INCLUDINGDEATH, RESULTING FROM MY LEAGUE OR IN ANY WAY CONNECTED WITH SUCHRECREATIONAL PROGRAMS AND ATHLETIC ACTIVITIES; OR (iÐ THE COST OFPROCUREMENT OF SUBSTITUTE GOODS AND SERVICES.

B. WEBSITE U,S¿', (Ð THE USE oR THE INABILITY TO USE THE WEBSITE; (iÐ ANYGOODS OR SERVICES PURCFIASED OR OBTAINED OR TRANSACTIONS ENTEREDINTO THROUGH THE WEBSITE; OR (iii) UNAUTHORIZED ACCESS To ORALTERATION OF MY TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITEDTO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE.

I EXPRESSLY AGREE THAT PARTICIPATION IN THE NFL FLAG PROGRAM OR USEOF THE WEBSITE IS AT MY AND ANY LEAGUE PARTICIPANT'S (INCLUDING BUTNOT LIMITED TO PARENTS OF CHILDREN PARTICIPATING IN MY LEAGUE), ASAPPLICABLE, SOLE RISK. THE NFL FLAG LEAGUE AND THE \MEBSITE AREPROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE NFL ENTITIESEXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE OR NON.INFRINGEMENT.

Neither the NFL Entities nor USA Football make any warranty that the Website's services willbe uninterrupted, secure or error free. Neither the NFL Entities nor USA Footbali guarantee theaccuracy or completeness of any information in, or provided in connection with, the Website.Neither the NFL Entities nor USA Football are responsible for any enors or omissions, or for theresults obtained from the use of such information. I understand and agree that any materialand/or data downloaded or otherwise obtained through the use of the Website is at my owndiscretion and risk and that I will be solely responsible for any damage to my own computersystem or loss of data that results from the download of such material and/or data.

3.INDEMNIFICATION. I agree to indemnify and hold each of the NFL Entities and USAFootball and their officers and employees harmless from and against any and all damages, costs,claims or demands, including reasonable attorneys' fees, made by any third parry due to orarising from or relating to (i) my League's participation as an NFL FLAG League; (ii) my use ofthe Website; or (iii) the violation of any term of this League Registration Agreement or the NFLFLAG Terms of Service (located at www.NFLFLAG.com) by me.

4. APPLICABLE LAW; CONSENT TO JURISDICTION. This League RegistrationAgreement shall be governed by and construed in accordance with the laws of the State of NewYork, excluding its conflict of law rules. I expressly consent and agree to submit to the exclusivejurisdiction and venue of the United States District Court for the Southern District of New Yorkor, for matters not susceptible of adjudication in the federal courts, the courts of the State of NewYbrk iocated in New York County, in aii disputes arising out of or reiating to this LeagueRegistration Agreement.

5. SEYERABILITY. I further expressly agree that this League Registration Agreement isintended to be as broad and inclusive as is permitted by law and that if any provision of thisLeague Registrallqn Agreement sþafl be unlawful, void, or r any {e4son unenforqeablg, thenthat provision shall be deemed severable from this League Registration Agreement and shall notaffect the validity and enforceability of any remaining provisions.

6. USE OF PERSONAL INFORMATION. The NFL Entities shall use any PersonalIdentifying Information (as defined below) only for the purposes of order processing, fulfillment,customer service, and renewal or as otherwise described herein or at the time that such PersonalIdentifying Information was collected. The NFL Entities shall not use any Personal IdentifyingInformation for marketing or solicitation purposes or for any other purpose unless the user wasspecifically notified of such potential use prior to entering such information. "PersonalIdentifying Information" shall include any information about users of the Website obtained by

the NFL Entities or any information provided to the NFL Entrtres by registrants, magazinesubscribers or other users of the Website.

7. BACKGROUND CIIECKS. I expressly agree that the NFL Entities and USA Football shallhave the right to perform routine background checks and screening procedures on me (or anythird parry (or parties) for whom I am acting as agent) or my League's coaches. Any falsificationof my (or any third party's (or parties') for whom I am acting as agent) information or theinformation of my League's coaches will subject my League to possible removal from NFLFLAG Football (such removal to be determined by the NFL Entities in their sole discretion).

8. NO USE OF MARKS. I understand that I shall have no right to use the NFL Marks (as

defined below) for any purpose whatsoever without the prior written approval of the NFLEntities in each instance (such approval to be granted or withheld in the NFL Entities' solediscretion after a formal logo request process has been initiated by me). For the purposes of thisAgreement, "NFL Marks" means the names, symbols, emblems, designs, and colors of theNational Football League and the Member Clubs, including, without limitation, the terms"National Football League", .'NFL", "National Football Conference", "American FootballConference", "NFC", "AFC", "Super Bowl", "Pro Bowl", the NFL Shield design, the NFLFLAG trademarks and the NFL Punt, Pass and Kick trademarks, as well as the full team names,nicknames, helmet designs, uniform designs, logos and slogans of the Member Clubs, and anyother indicia adopted for commercial purposes by the NFL or any of its Member Clubs. Iacknowledge and agree that all right, title and interest in and to the NFL Marks belong to theNFL Entities. I agree that the NFL Marks possess a special, unique and extraordinary characterthat makes difficult the assessment of the monetary damages that would be sustained by theirunauthorized use. Notwithstanding anything to the contrary herein, I recognize that irreparableinjury would be caused by the unauthorized use of any of the NFL Marks, and agree thatinjunctive and other equitable relief from a court of competent jurisdiction would be appropriatein the event of such unauthorized use, and that such remedy would not be exclusive of other legalremedies. I recognize that the great value and goodwill associated with the NFL Marks belongsto the NFL Entities and that the NFL Marks have secondary meaning.

9.INSURANCE. I agree to abide by the insurance rcquirements set forth in [nsuranceRequirements Location]'

10. PHOTOS/BROADCASTING RIGHTS. I understand that NFL FLAG Football-relatedevents may be photographed, videotaped or otherwise recorded and that descriptions or accountsof such events may be written or otherwise documented, and I agree to let the NFL Entities andUSA Football use my League and names andlw likenesses of any children pafticipating in myLeague ("Participants") free of charge in any manner and in any media'(now known or hereafterdeveloped) and for any purpose without compensation to me or my League and that the NFLEntities and USA Football may use the information provided herein for solicitation of NFLEntities' and USA Football's programs/events.

BY INDICATING MY ACCEPTANCE OF THIS LEAGUE REGISTRATION AGREEMENT,I AM AFFIRMING THAT I HAVE READ AND UNDERSTAND THIS LEAGUEREGISTRATION AGREEMENT AND FULLY TINDERSTAND ITS TERMS. I

UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THERIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THE LEAGUEREGISTRATION AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MYACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALLLIABILITY TO THE GREATEST EXTENT ALLOWED BY LAV/.

42

v

*ái'

ln order to become an officñel NFL FLAGleag$e, y0$ are required to hold a

$1 miltion generaj lia,bility pollcy.

Please note the address nseds

-'ÑYour org,enìzat$on rr¡ust rla.rì'ìe the following,organizatio,ns as additional insureds:. USA Footba$l lnc.; NFL Properties LLC;

NFL Ventures, L.P.; the Natio,nal Footba}lLeag,l¡e, its member professional footbaJlclubs and each of their respectiveofficess, d'irectors, shareholders,emp$oyees, spo,nsors a*d agents.

to'go u.nder the "Cert.ificateHolder" section on yourCertificate of lnsurance asf¡cl$ows:

USA Football45 N. Pennsylvania St.Su$te 70ìûlndianapolis, lN 46204Attn.: NFL FL,AG

t//

-¡.,*d

I.IOW TO OBTAIh¡ GËNERÂ.L LIABILITY!NSURANCE FCIR VOUR LEA,GUE:

HffiContact a local insltranceprovider to obtain coveraçf e

OR

Cor-ltact USA Football'srecorrì mencJed partner, ASGIr"lsurance, wlrich offers leaguecoverage estimated at $28 perflag team.

For additional information orr theirrsurance progräm from ASG, contactJoe Micciclre.

Joe MiccichePhone: (617) 398-5562Email: Joe.M icciche,cueprcbrokers.cotn

INSURANCE

For Self-lnsured Municipalities andOtlrer Governmental OrEanizations:

l,nstead of províding a certificate ofinsurance, all self-ínsured mun icipalitiesand governmental organ:¡zations arerequired to provide USA Football w,ith a

letter stating they a,re self-ínsured priorto the beginni:ng of their NFL FLAGleague seâson.

PLAVüR Iil¡ST$RI\NCH

As an added benefit to being an NFLFLAG league, USA Football provideseach of your players with accident andhealth insurance cCIveräge,

ln order for players to receíve thesecondary insurance coverage, theirparent or guardian must complete theNFL FLAG Participant Agreement form.(www. nf lf I ag.com/form/player)

MUTUAL NS'-A&

DIRECTORS

David BenforadoVillage Trustee

Village of Shorewood Hills

David De AngefisVillage Manager

Village of Elm Grove

Ronald HaywardVillage President

Village of West Milwaukee

Kâthleen MorseClerk/Treasu rer

City of Rice Lake

Mark RohloffCity Manager

City of Oshkosh

Zachary VruwinkMaYor

City of Wisconsin Rapids

Jerry DeschaneExecutive Director

League of WisconsinM u nicipalities

OFFICER

Dennis TweedaleChief Executive Of f icer

League of WisconsinMunicipalities Mutual

I nsu rance

402 Gammon PlaceSuite 225

Madison, Wisconsin 53719

p 608.833.9595f 608.833.8088

dennis@lwmm¡.orqwww.fwmmi.org

Protecting The Comrnunities We Liwe In.

CONTRACTS - *RED FLAG WORI}S''

There is no such document as a "Standard Contract". The author of a contract will naturallywrite terms and conditions in their favor.

The following is a list of *Red Flag Words" that should be reviex'ed by municipaladministrators and attorne)Æ.

RED FLAGWORI) EXAMPLE

IndemniÛ/Hold HarmlessMutual WaiverAdd as an InsuredC€rtifi cate of Insurance

Waiver of Subrogation

Limit of Damages

Shall not be Liable

Tfade Secret

Arbitration

Shall

*Municþality shall indemnify"Municipality shall hold harmless "'Both parties to the agreement agree to a mutual waiver "*Municipality shall name as an additional insured""Municipality shall issue a certificate of insurance u¡hichshows add€d as an insured"*Municipality and its insurer agr€es to waivesubrogation "*Municþality agrees damages caused by_shall be limit€dto the fees charged in this agreernenf'"Engineer shall not be liable for any error, omission, de&ct ordefi ciency of contractor_"'?arties to this contract agr€e that all informationsuppli<f by

is deerned to be a trade secret and will not be disclosed toother parties" (Open rocords proble,m)"Parties to this agree,rnent shall settle disputes ßing the AmerirxnArbitration Association"*Municipality shall provide adequate polic¡ security and crowdcontrol""Municipality shall provide a fireworks drsplay area that meetsNFPA I 123 requirernents"

TYPrcAL CONTRACTS CONTAINING THESE "RED FLAG WORDS"

IF YOU CANNOT NEGOTIATE OUT THESE *RED ILAG' ITEIIIS ANDCONTRACTS HA\/E INSTJRANCE IMPLTCATTONS, PLEASE

ß-MAIL A COPY FIfR REVIEW TO: denni@lwmmi.erg

LWMMILeague of Wisconsin Municipølities Mutuøl Insurønce

BAD R I SK IvIUTUAL I NSURANCE CO.

lrúu8 Oelr

1A1812011CERTIFICATE OF COVERAGE

¡N8URËR'

Bad Risk Mutuat lnsurance Co.'Las Vegas, NV

INSURED

City of Woe100 Forlorn StWoe, Wl

OOVERAGES

THìSt9TOCËRTrFytlr TIHEMEMORANoUMOËCoVËRAOEORPoL|oY{|E$ILTSTSDDELOWHAVEDEENlsgUEDÏOilETNSURE()NAMEOASOVÊroRrHEPOLI9Y Oß MeÌÍOR/\NBUM PERI0D INDIOATEû. NOTfìllïlrSTAHDl¡l0

^NY REOUIßElìlEt{T, TERM CR CONDfiION OF ANY CONTn.qOf OR OI}iER DOCUMENT

WfH RËSpECf TO WlltCH TH18 CERTIFIo TE lrtAY IIE lSsUËO Oß MAY pERTAIN, THE CC^/ERAGES âfFOnDEO 8Y ïHE MEMORÂNÐUlrl OR POIICY0ESIOESCRIBEÐ HEREIN ARE SUBJECT TO AtL THE TERME EXCIUSIONS, ANO CONOTTÍONS OT SUCH MEMOM}IDUM ON POTIOY.

ArL rlftrls rN THouSAr'lD8

BI&PDCOMBINED

DESCRIPTION OF OPEf,.ATIONS/1OGATION8ruEHICIEWRESTRICTIONS/SPECIAI ITËMS. AS RESPECTS:

The City of Woe to hold its "Bleak Fest" on January 27-29, 2012. This certificate provides evidence ofliability protection only. This coverage applies only to the negligent acts of the City of Woe and staffassoclafed with "Bleak Fest."

1015

CERTIFICATE HOLDER CANCELLAT]ON

' Jim's Worm Farm35 Squiggly LaneDying Moss, GA

SHOULÛAIW OT THEASOVE.OESORIEED COVEflAoES SE CANCELLED BEFORETHE EXPIRAÎJON DÂTE

fiERËOF, TI.IE 16SUING AUÍ}IORIIIEE WILL ENOEAVOR TO '*AIL

30 ÐAYS WRITTEI{ NOTICË TO THE

OERTIFICATE HOLDER, BUT FAILUNE TO MAIL SUCH NOTICE 9HALI IMFOgS NO OBLIOATION OR

tIAßILIW OFAT{Y KINO UPON fHE COMPÁNY. AUNIOR¡TY. lTS AGENTg OR REPRSSENÍATfVES.

THIS CERT¡FICATË f3 ISEUEO À3 Â I¡^TIER OF INFARINNON ONLYAI,¡O CONFERg NO ßICHTs UPON TIIE

CERTIFICATE ¡l0LoER Ttll9 CERTIFÍCÂTE OOES N0T ^ì{lrrENO.

E)fiEND OR AI,TER T}lE COVERAGE ^TFORDÉDBY THE MSMORANOUII OR FOIICY BEI-OW;

COMPANIES AFFOROING COVERAGE

OOMPANY LETTER (A)

COMPANY LETTER (B)

coMPAr.{Y LETTER (C)

MSIIOã l'l0U¡,t

oR POUCYËxplRsS

coLTN

MËrìroR ¡¡DuMoRpoLtcY

NUIitSER

MEIIOR^NDUM

ORPOLICYEFFSCTIVã

A

TYPE OF CO\'ERASES

EXCE.93 [I,AB'ITÍY OôCURRENCE FORMpuBLfc oFFrcrÂLs çRRoR8 I oMtsstoN$

AUTO LIABIL|TYPCL 101 uu2a12 l/1/20.l3

Olfforoncobol{roôn 6,000,

údsôf.ln8urodRotünlloô 50,12ú.

.q

A

cvc - 04 (R 11/01)

AUTXOR IZED R EPNEs€NTÀTIV€

--,ACARÐ'\r-.¿ CERTIFICATE OF LIABILITY INSURANCE

MADDEXC-01

@ 1988-2015 ACORD CORPoRATION. All rlghts

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

Àcõono¡Hce wtrH THE PoLlcY PRovlsloNs.

AUTHORIZED REPRESENTATNE

Strand Assoclates, lnc910 W Wlngra DrlveMad¡son, Wl 53715

OATE (MM/DO/YYYT

04t1

Y AMEND, EXTEND OR ALTER THE COVERAGECONSTITUTE A CONTRACT BETWEEN THE ISSU

ONLYMATTERCERTIFICATERMATIVELY

CERTIFICATEENTA

THISHOLDER,TEuRIGHTS THEPON CERTIF¡CAANO NOCONFERSRMATIONNFOAAS OFtssuEDlsTHIS ESPOLtCITHED BYAFFORDNEGATIVELAFFI ORNOfDOESGERTIFICATE AUTHORIZEDING tNsuRER(S),NOTooEsINSURANCEOFtsTHBELOWTEANO ETH CERTIF¡CA HOLDER.ORT¡VE ROOUP CER,RESREP

IMPORTANT:ROGATION

beof endorsed.SUREDINmu havest ADDITIONAL provislonsINSUONAL thôlsholder AODITI RED,an pol icy(les)csrtiflcatelf the slat€m6ntA onenan dorsement,certaln requlremayof thethe andterms condltions pollcy,toSUt¡ B ls sublectwAlvED,ln lleu ofthetonotlsth

82747128274525PRODUCER

2004

F

Maddrell Excavatlng, LLCN3371 West 3rd AveBrodhead, Wl 53520

INSUREO

THE INSURED NAMEO ABOVEOR OTHER DOCUMENTWITHCERTIFY THAT THE

NOTWITHSTANDING

MAY

PERIODPOLICYFOR THEBEÉNHAVE TOISSUEDBELOWLISTEDOFPOLtCtES CEINSURANtsTHIS TO WHICHTO THISRESPECTON OF CONTRACTANYORTERM CONDITIREOUIREMENTANYINDICATED, THEALL TERMS,SUBJECT TOtsBEDDESCRI HEREINPOLICIESBY THEAFFORDEDINSURANCEPERTMAY THEOR AIN,BE ISSUEDMAYCERTIFICATE cl-AlMS.PAIDBEENSHOWNOF POLICIES.SUCHANDEXCLUSIONPOLICYOF INSURANCE

x

xx

0410r/201904t0112018X 56484COMMERCIAL GENERAL LIAEIUTY

X

POLICY

CLAIMS.MADE OCCUR

LIMIT APPLIES PER:

ÍF& l-l 'o"

x 04/01/201904to112018xAUTOMOBILE LIABILTTY

ANY AUTOOWNEOAUTOS ONLY

Htfr8to¡ruv

SCHEDULEDAUTOS

r${#Hñg

xx OCCUR

CLAIMS-MADE

UMERELIA LIAS

EXCESS LIAB0¡l/01/20't90410'v2018

x RETENTION$ 1

04/01,201904/01/20t8N'A

05629Y/t{TA

Ê'åÌS:['l8iE'.?'1'"it'#Ûí,iff Ëå"'äìí,T5{ì'if ÈáiÎl#,l0l. Âdd¡tlÐnöl R!ffitkr Schodulo, may b. rttlched ll mort tP¡æ i¡ Trqulrcd)

1-2018, C¡ty ol Stoughton, Wl

andtoln l¡ab¡litygeneral& resp€ctnsured completad operationswlthaslsted addltional ongolngaroofandlnc. StoughtontheAssociatlons Cltyform.followsUmbrellabit writtenautoto lla agreement.lninsured Itv porfespBcl

ACoRD 2s (2016/03)The ACORD name and logo are reglstered marks of ACORD

resorved.

-A,CORD'

\-/MADDEXC-01

CERTIFICATE OF LIABILITY INSURANCEDATE (MMIDD/YYWI

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFÊRS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENO, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHEPOLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S}, AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER,

¡MPORTANT: lf tho certlficate holder 1g an ADDITIONAL INSURED, the pollcy(les) must have ADDlf SUBROGATION lS WAIVED, eubJect to the terms and conditlons of the pol¡cy, cortaln pol¡ciesthls certlflcate does not confer rlohts to the certlflcate holder ln lleu of such endorsement(s).

ITIONAL INSURED provlslons or be endorsed.may requhe an ondorsêmont A statement on

ç9ilI4cr Jesslca Lenz

8274712fiü8$Eo. a*o, {6{,8} S27-452 5

¡¡alc IINSURER'SI AFFORDING COVERAGE

26263tNsl¡RER Á. : Erie lnsurance comoanv

PRODUCER

AVID Risk Solutlons, lnc.2501 Parmentor Street Suite 2004Mlddleton, Wl 53562

26271|NSURER B : Erlê lnsurance ExchanoeINSUNER C:

INSUPER ¡l !

INSURER E !

INSTJRER É:

Maddrell Excavatlng, LLCN3371 West 3rd AveBrodhead, Wl 53520

INsURED

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVEBEENISSUEDTOTHEINSURËDNAMEDABOVENOTWITHSTANDING ANY REQUIREMENT,MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROED BY THE POLICIES DESCRIBEO HEREINISSUBJECTTOALLTHETERMS,

FOR THERESPECTINDICATED,

CERTIFICATE

POLICY PERIODTERM OR CONOITION OF ANY CONTRACTOROTHERDOCUMENTWITH TO WHICH THIS

SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS

LlMnstHsfTYPE OF INSURÂNCE POUCY NUMBER

1,000,000tÉÂCH OCCURRENCE

10o,0oo(10,000eMED EXp l¡v ôns mBonì

c 1,000,000PERSONAL&ADV INJURY

2,000,000(GENERAL ÄGGREGATE

( 2,000,o00PRODUCTS. COMP'OP AGG

I

Q40,0156484 04t01t2018 04t01t2019

A COMTERCIAL GENERAL LI,ABILITY

xCLAIMS.MAOE OCCUR

PRO.JECT

APPLIESE

x

x POLICY

PER:

LOC

x

I,O0O,O0OI

aBoDILY INJURY lPèr æMn'l

sBODILY INJURY lPsr accldanll

ß

3

¡04-0140964 04t01t2018 04t01t2019

E AUTOiIOBILE LI,ABILTTY

ANY AUTOOWNEDAUTOS ONLY

llfr8r or,-"

SCHÉDULEDAUTOS

r8ìbt[rfiq

x x

s 6,0001000EACH OCCURRENCEx x3 õ'o00'00oAGGRÉGATÊ

UMBRELI¡ LIAB

EXCESS Lli\B

OCCUR

CLAIMS.MAOE

3

Q27-25703s4 o4to1t2018 04t0'|12019A

0ÊD x RETENI9N$ "'10,000PERct^tt tlc I OTH.lEô

FI FÂNq Â'NINFNT 500,o00ç

50o,ooo3E.L- DISEÂSE . EA EMPLOYËT

50o,oooi

Q88-0105629 04t0'v2018 04/01/2019

F.L. DISFASE - POLICY LIMIT

B WORKERS COMPENSAÎONAND ETPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNERYEXECUTIVEOFFICER,iMFMgER EXCLUOED?(f,landrtory ln NH)

unde¡ôF alptrR^TIôNS hôlôw

Y'NTlfysc, dsscrib€nFsnpl0llôN

t¡ra

04101r201 ö 04,01r2019 10o,oo0A lnsla¡lat¡on Floator Q40{156484

DESCRTPilONOFOPERATIOI,|S/LOCAüO¡|S/VEHICLES ÍACORDl0f.Addlüonålßômrrl¡S6hodul.,mcybcattachrdllmof!.pac.lrrtqulFd)Project: 2018 Slr€ot and Utlllty Gonstruction, Cóntract 1-20f I, Clty of Stoughton, Wl

Strand Associations lnc. and the C¡ty of Stoughton are llsted as additional lnsured with ongoing & completed oporations ¡n rsspect to general llability and¿dditlonal insured ln rerpect to auto liabllity per written agreemenl Umbrella follows lorm,

r

Clty of Stoughton381 East Maln str€etStoughton, Wl 53589

SHOULO ANY OF THE ABOVE DESCRIBED POL]CIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE wlLL 8E DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZEO REPRESENTATÍVE

@ 1988-2015 ACORD CORPORATION. All rlghts reserved.

The ACORD name and logo are reglstered marks of ACORDACORD 25 (2016/03)

ERIE INSURANCECOMMERCIAL CENERAL LIABILITY

ULTRAFLEX PACKAGEuL-uG (Ed. 6/13) rJF-8297

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADD]TIONAL INSURED - OWNERS, LESSEES, OR GONTRACTORS.AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION

AGREEMENT WITH YOU - GOMPLETED OPERATIONS

This çndorsement modifies insurancc provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

B. With respect to the insurance aflorded to these additional

insureds, the following is added to Section III - LimitsOf Insurance:The most we will pay on behalf of the additional insured

is the amount of insurance:

l. Required by the contract or agrecment you have en-

tered into with the additional insured; or

2. Available under the applicable Limits of Insurance

shown in the Declarations;

whichever is less.

This endorsement shall not increase the applicable Limits

oflnsu¡ance show in thc Declarations'

A. Section II - Who Is An Insured is amended to include as

an additional insured any person or organization forwhom you are performing operations when you and such

person or organization have agreed in writing in a con-

tract or agreement that such pçrson or organization be

added as an additional insured on your policy. Such per-

son or organization is an additional insrued only with re-

spect to liability for "bodily injury" and "property dam-

age" caused in whole or in part, by "your work" per-

fõrmed for that additional insured and included in the

"products-completed operations hazard".

However, the insurance afforded to such additional in-sured:

L Only applies to the extent pernitted by laq and

2. Will not be broader than that which you are required

by the contact or agreement to provide for such addi-

tional insured.

ERIE INSURANCE GROUPCOMMERCIAL/GARAGE AUTO

ABAZI0 (Ed. 6/l l) uF-s072

ADDITIONAL INSURED ENDORSEMENT

DEFINITIONS

"Additional Insured" rneans the person or organization

shown on the "Declarations" as an "ADDITIONALINSURED.''

OUR PROMISE

Under Liability Protectiotl, "we" will pay all sums the

"Additional Insured" legally must pay as damages arising out

of the acts or omissions of:

1. the "Named Insured" or any "relative;"2. any employee or agent of the "Named Insured;" or3, any other person, except the "Additlonal Insured[ or any

employee or agent of the "Additional Insured"

using an "auto we insure" with the "Named Insured's"permission.

TRANSFER OF RIGHTS OF RECOVERY AGA]NSTOTHERS TO US

If any person or organization to or for whom "we" make

payment under this Coverage Form has rights to recover

iamages ftom another, those rights are transferred to "us."'Ihat person or organizntion must do evcrything neosfsary to

secure our rights and must do nothing '¿fts¡ "accidettt'r or loss

to impair them. "We" 'waive any right of recovery "we" may

have,against a person or org*niàaticn identified as an

"Âddit¡ôntl lnsurûd" in the "Deelsration$it because ofpay¡nents "we" make. for injury or dcm*ge arÍsing out of the

õwnership, maintenãnce or us6 of a covered "*uto" undgr acontract with that "Additional fnsured."

SPECIAL CONDITIONS

l. If this pqlicy is c*ncellsd by "us," "rve" will mail notice to

the rlAdtlitional Insured" at least 30 days prior to the

cancellation date, (Matyland Exception' "\ile" will mailnotice at least 30 days in advance of the effective date ofcancellation for non-payment of premium' If this policy is

cancelled by "us" for any other reason, "we" will mailnotice at least 45 days in advance ofthe effective date ofcanceltation.)

2. If this policy is cancelled by the "Named Insured," "\ile"will mail notice of cancellation to the "AdditionalInsured."

3. The "Additional fnsured" will never be asked to pay a

premium for this PolicY.4. Þrolecting the "Addïtlonal Insured" under this policy

shall not increase the limits of protection.

OTHER PROVISIONS

All other provisions of the policy appty.

ENE INSURANCECOMMERCI AL GENERAL LIAB ILITY

FIVESTAR CONTRACTORSULTRAFLEX PACKAGE

uL-uL (Ed. 3/14) UF-8443

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES, OR GONTRACTORS -SCHEDULED PERSON OR ORGANIZATION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. SectÍon II - Who Is An Insured is amended to include as

an insured the person or organization shown in the

Schedule in thc Decla¡ations, but only with respect to

liability arising out of your ongoing operations performed

for that insured.

B. With respect to the insurance afforded to these additionalinsureds, the following exclusion is addcd:

2. Exclusions

This insurance does not apply to "bodily injury" or

"property damage" occurring after:

L All work, including materials, parts, orequipment fumished in connection with such

wòrk, on the project (other than service'maintenance, or repairs) to be performed by oron behalf of the additional insured(s) at the site

ofthe covered operations has becn completcd;of

2. That portion of "your work" out of which the

injury or damagè arises has been put to . its

intended use by any Person or organizationother than another contactor or subconÚactor

engaged in performing operations for a

principal as a part oftho same projeÈt'

@ Insurance Services Office, Inc., 2000

*SAMPLE*

Liabitity Insurance and Bond Specificationsfor Construction Pnoiec$

I.DESIGN / BUILD CONTRACTORS

Á. Minimum Scope arxll-imiß

l. Architocß, Consulting Enginss and D€sign / Build Contractors Errors &Omissions Liability ooverage, with a minimum limitof$1,000,@ per claim,$.2,000,(X)0annualaggrElate. Thisirouraooeistobemaintainedforatleasttwoyears after completion of tre project

2. .Com¡nercial Creûerat Liability coverage wiú limits of no less than the foltowing:

a. EachOccurrenoe Limit $1,000,000b. Geoeral aggrqatelimit(otherthan

Producß{ompl€fdOperations) p€rpoject $2,000,000c. Products{-ompletod Operations aggr€gate p€rprcjd $1,000,000d. PersonalandAú,r¡tisinglnjurylimit $1,000,000

3. Auúomobile Liability cov€rage with minimr¡m limi¡s of$1,000,000 combined sindelimit per aocident for bodily injury and proporty danage, p'rovided on a Symbol l-AnyAutobasis.

4. Wotkers' Compensation as roquired by tbe St¿te of tr\¡isoonsiq and Emptroyerstiability insurance with sufficient limits to meef ünd€rfying Umbrella r iabilityinsuranoe requirernents.

5. Umbrella Liability providiqg cov€rage at least as brcad as the undertþg G€n€ralLiability, Automobile Liability ¡¡d tr'rrFloyers l-iability coverages, wiü a minimr¡mlimit of $2,000,000 each occr¡rrence ad $2,000,000 aggregate.

6. Also, see requiremenb under Section II for Design / Build Conhactors and SectionIV for Arctritects, Consulting Enginoers and Design / Build Conhactors and GeneralConhactors.

tr. INSURANCE REOUIREMENTS FOR GENERAL CONTRACTORS AND DESIGN / BUILDCONTRACTORS - LIAtsILITY & PROPERTY

A. Commercial Gm€ral Liability cov€rage including coverage for Products Liability,Cornplaed Operations, Conüactual Liability, aod XCUooverage with 6e foltowingminimum limits:

l. Clercml aggrqfate limit (otberthanProducts{ompleted Operations)

2. Products-C,ompleted Operations aggrqatep€rproject $2,000,000p€rproject $1,000,000

3. Pensonal and Advertising úqiury4. Eactr Occurrenoe limit

$1,000,000$1,000,000

B. Automobile Liabilþ cot€rage at least as broad as InsuranoeSerr¡ices Office Fomr #CA00 01 O7 gT,withminimum limits of$1,000,000 æmbined single limitper aæident forbodily injury and property damage, provided on a S¡anbol l-Any Ar¡to basis.

C. Workers' Compensation as required by ttre State ofWisconsin, and Employers lJabilityinsuranae with sufficient limis to rnoet urderlyhg U¡nhella Liability insurarrce

D. Umbrella Liability providing cov€rage at least æ broad æ úe undedying Cen€ratLiability, Automobile Liabilþ and Emplolus Liability, wiú a minimr¡ur limit of$2,000,000 e¿ch oocurrenoe a¡rd $5,000,000 aggregate.

E. Aftcraft Liability ad Watercraft Liability. If úe projoct work inchdes the use of, oroperationof any aircraft or watercraft, then Aircnaft, Helioo'pter and Watercraft Liabilityinsurance must be in fd,ce with a limit of $ 1,000,000 p€r occrxrenæ for bodily injury andproperfydamage.

F. Follution Liability, $1,000,ü)0eachoccrrrence I aggryatþ.

G. Prop€rly Covãage (to be provided by Conhactors, Desþ / Build C.ontractors)

1. Contractor shall fuennine amount of æverage p€rils and polrcy forrr neæary tocomplete project should a loss of any t¡pe ocqr and ûo moet requirements of thecontactors bonding company, if any.

2. Cove¡ed property wilt ircludeproperty in transiq property stored on the projectwork sites, and property storod offthe project work sites.

3. Tbemmicipality, a¡úitect, engin€er and subconhactors will be addod as losspa)rc€sto tkpolicy.

H. Bond Requirernents

l. Bid Bond. The oontractor will provide to üre own€r a Bid Bond, which willaccoqpany the bid for the p'rojecf Tbe Bid Bord shall be equat to peroentoftbeconhactbid

2. Pa¡ment and Perforrrance Bond. If awarded the conhact the conhactor willprovide to ths owner a Pa¡m.ent and Performa¡ce Bond in the amount ofüeoonkact ptice, oovering faiüftl perforrranoe ofthe conhact and payrrent ofobligations a¡ising úerannder, as stipulated in bidding requirements, or specificallyrequired in the conhact documents on tbe daûe oftbe conFact's exocution-

3. Acc€ptability of Bonding Company. The Bid, Palm.ent and Performance Bondssball be placod with a bonding company with a Best's Insurance Relnrts rating ofno less than A and a Financial SizeCafqory of no less than Class V.

L Also, soe requirements under Section IV.

III. INSURANCE REOUIREMENTS FOR SUBCONIRACTORS

' All subcontractors shall be required to obtain at teastC-ommerciat Cr€n€ral Uability,Automobile Liability,'Workem'Compensatior¡ and Errplo¡'en Liabilityinsurance. Thisimuranee shall be as broad as tbose noted for C-onha6or roquitements contained inSection tr. above.

TV; APPLICABLE TO ARCHITECTS. CONSULTING ENGINEERS. GENERALC1f,I{IRACTORS A}Ð DESIGN / BUtr,D CONTRACTORS

A. Aoo€ptabitityofkrstrrers. Insuranoe is to be placed with insr¡rers uúo harre a Best'sIniuranæ Rryrt rating ofno less than A and a Finarrciat SizeCatqoryofno less thanCtass VI, aod rr/üo are authorized as an admitted insuranceoompanyin the state oftfisoonsin

B. Tlrc municipality, fhe municipaligts eleaed or appointed officials, and employoes shallbenamod as additional inst¡rods on Cornme¡cial Geoeral and Umbrdla fiaUititypoUcies.

C. Certificat€s ofhsuranoe and Additional Insured Endorsements aæeptable to themunicipality sball be submitted prior to oomm€rrefn€nt of ttre worlc

D. ArchÍt€ct' Engineer and Design Build Conhactors shall warrant l{ret no docummtsused for the proiecf require Municipality to indemnify and / or hold harmless anyparty úo füe onhectfor anyre¡son

E. Archit€ct' Enginoer and llesign Buitd C-ontractors shall warr¡nt fh¡t tre documentsused for the proieef shall not contaÍn ¡ny wording limiting the financi¿lrcsponsibíIity of &e parties to lùe contract fior damages aris¡ng from theirneglþence, acÇ error or omission

V. TIIE,FOLI.OWING T,ANGUAGE SHALL BE INCTJTJDED TN ALL CONTRAC:TSREOUm'D.IG A SIGNATTIRE BY THE NÍTINICIAPLTTY

Nothíng cont¡ined wÍü¡n trÍs agreement is intended to be ¡ w¡iver or estoppels of thecontractíng municþatity or its Ínsurer to rely qron the limit¡tions, defenses, andimmunities cont¡ined witrin \tisconsin law, including those cont¡ined wÍ&¡nWÍsconsin Statues 5.9t3.80, Blt15¡z, ¡nd 345.05. To the extent th¡t indemnification isavail¡ble and enforceablq the municÍpatityor íts Ínsurer shell not be li¡ble in indemnityoi conhÍbution for en amount greater tùan fùe limits of tiabilÍty for municþal cl¡tmsest¡blished by \ilisconsin L¡w.

ARTICTE 6 - BONDS AND ¡NSURANCE

6.01 Perþrmonce, Poyment, and Other Bonds

A. Contractor shall furnish a performance bond and a payment bond, each in an amount atleast equal to the Contract Price, as security for the faithful performance and payment of allof Contractor's obligations under the Contract. These bonds shall remaín in effect untll oneyear after the date when final payment becomes due or until completion of the correctionperÍod specifled in Paragraph 15.08, whichever ls later, except as provided otherwise byLaws or Regulations, the Supplementary Conditions, or other specific provisions of theContract, Conffactor shall also furnish such other bonds as are required by theSupplementary Cond¡tions or other specifíc provisions of the Contract.

B' All bonds shall be in the form prescribed by the Contract except as provided otherwise byLaws or Regulations, and shall be executed by such sureties as are named in "CompaniesHolding Certifícates of Authority as Acceptable Sureties on Federal Bonds and asAcceptable Reinsuring Companies" as published in Circular 570 (as amended andsupplemented) by the Financial Management Service, Surety Bond Branch, U.S.Department of the Treasury. A bond sígned by an agent or attorney-in-fact must beaccompanied by a certified copy of that individual's authority to bind the surety. Theevldence of authority shall show that it is effective on the date the agent or attorney-in-factsigned the accompanying bond.

C. Contractor shall obtain the required bonds from surety companies that are duly licensed orauthorized in the jurisdictlon in which the Project is located to issue bonds in the requiredamounts.

D. lf the surety on a bond furnished by Contractor ís declared bánkrupt or becomes insolvent,or its right to do business is terminated in any state or jurlsdlctlon where any part of theProject is located, or the surety ceases to meet the requirements above, then Contractorshall promptly notify Owner and Engineer and shall, wlthin 20 days after the event givlngrise to such notification, provide another bond and suret¿ both of which shall comply withthe bond and surety requirements above.

E, lf Contractor has failed to obtain a requlred bond, Owner may exclude the Contractor fromthe Site and exercise Owner's termination rights under Article 16.

F. Upon request, Owner shall provide a copy of the payment bond to any Subcontractor,Supplier, or other person or entfty claiming to have furnished labor or materials used in the

A o o 5a. e ,ot h)úù performance of the Work'

6.02 lnsurance-GeneralProvisions

A. Owner and Contractor shall obtain and maintain insurance as required in th¡s Article and lnthe Supplementary Conditions,

B. All insurance required by the Contract to be purchased and mainta¡ned by Owner orContractor shall be obtained from insurance companies that are duly llcensed orauthori¡ed, in the state or jurisdiction ln which the Project is located, to issue insurancepollcles for the required limits and coverages. Unless a different stândard ís indicated ín theSupplementary Conditions, all companies that provide insurance policies required under

this Contract shall have an A.M. Best rating of A-Vll or better,

C. Contractor shall deliver to Owner, with copies to each named lnsured and additional

ínsured (as ídentified in this Article, in the Supplementary Conditions, or'elsewhere ln the'

Contract), certiflcates of lnsurance establlshing that Contractor has obtalned and

EJCDC' C-700, St¡ndard Genor.l Cond¡tlon¡ of thr Conitructlon Contr8ct.copyrlght @ 2013 Nltlonrl Soclaty of Pruf¡¡¡lon¡l En¡lnc¡n, Amerlcan Councll of Englneerln¡ Companlcs,

and Amlrlcan Soclety of Clv¡l Englnecrr. All rlghs rcrarued. p.¡o 19 of 65

ma¡ntaining the policies, coverages, and endorsements requlred by the Contract. Upon

request by Owner or any other insured, Contractor shall also furnish other evidence of such

requlred ínsurance, including but not llmited to coples of policies and endorsements, and

documentation of applicable self-insured retentions and deductlbles. Contractor may block

out (redact) any confidential premium or pricing lnformatlon contained in any policy or

endorsement furnished under this provision.

D. Owner shall deliver to Contractor, with copies to each named insured and additional

insured (as ldentlfied ln this Article, the Supplementary Condítions, or elsewhere in the

Contract), certificates of lnsurance establlshing that Owner has obtained and is malntalning

the policies, covereges, and endorsements required of Owner by the Contract (lf any).

Upon request by Contractor or any other insured, Owner shall also provide other evidence

of such required insurance (if any), including but not limited to copies of policies and

endorsements, and documentatlon of applicable self-insured retentlons and deductibles.

Owner may block out (redact) any confidential premium or pricing information contained in

any pollcy or endorsement furnlshed under this provision,

E. Failure of Owner or Contractor to demand such certificates or other evidence of the otherparty's full compliance with these insurance requlrements, or failure of Owner or

Contractor to identify a deficiency ln compliance from the evidence provided, shall not be

construed as a waiver of the other party's obligation to obtain and maintain such insurance.

F, lf elther party does not purchase or maintain all of the insurance required of such party by

the Contract, such party shall notify the other party in writing of such failure to purchase

prior to the start of the Work, or of such failure to maintain príor to any change in therequired coverage,

G. lf Contractor has failed to obtain and malntain required insurance, Owner may exclude theContractor from the Site, impose an appropriate set-off against pavment, and exerclse

Owne/s terminat¡on rights under Article 16,

H, Without prejudlce to any other ríght or remed¡ if a party has failed to obtain requlred

insurance, the other party may elect to obtain equivalent insurance to protect such otherparty's interests at the expense of the party who was requlred to provide such coverage,

and the Contract PrÍce shall be adjusted accordlngly.

l. Owner does not represent that insurance coverage and limits established ln this Contract

necessarily wlll be adequate to protect Contractor or Contractor's interests.

J, The insurance and insurance limits requlred hereÍn shall not be deemed as a limitatlon on

Contractor/s liability under the indernnities granted to Owner and other individuals and

entities in the Contract.

Contractor's I nsuro nce

A. Workers' Compensotion: Contractor shall purchase and malntain workers' compensatlonand employerrs liability insurance for:

t. claims under workers' compensation, disability benefits, and other similar employee

benefit acts.

2. United States Longshoreman and Harbor Workers' Compensatlon Act and Jones Act

coverage (if applicable).

3. claims for damages becáuse of bodily inJury, occupational sickness or dlsease, or deathof Contractor's employees (by stop-gap endorsement in rhonopolist worke/scompensation states).

tIIttI

I

¡

II¡

I

6.03

T

TEJcoc' c-700, sttnd¡rd G.ner¡l Condltlon¡ ol the con3tiuctlon contrtct.

Copyrllht O 2013 Nstlon.l Socl€ty of P¡rf¡¡¡lon¡l En¡lnrê15, Amerkrn Councll of Englneerlng Companler,

rndAmorlc.nsoclotyofClvllEntlnccn. Allrlghtsresewcd. P.¡¡20ot65

4. Foreign voluntary worker compensation (if applicable).

B. Commerciol,General Liobìlity-Cloims Covered: Contractor shall purchase and maintain

commercial general liabllity insurance, covering all operatlons by or on behalf ofContractor, on an occurrence basls, agalnst:

1. claims for damages because of bodily lnjury, sickness or disease, or death of anyperson other than Contractor's employees.

2. claims for damages insured by reasonably available personal injury líability coverage,

3. claims for damages, other than to the Work itself, because of injury to or destruction

of tangible property wherever located, includlng loss of use resulting therefrom,

C. Commercial Generql Lldblllty-Form and Content: Contracto/s commercíal liability policy

shall be wrítten on a 1996 (or later) ISO commercial general liability form (occurrence form)

and include the following coverages and endorsements:

1, Products and completed operations coverage:

a. Such ínsurance shall be maintained for three years after final payment.

b. Contractor shall furnlsh Owner and each other additional insured (as identified ín

the Supplementary Conditions or elsewhere ln the Contract) evidence ofcontinuation of such lnsurance at final payment and three years thereafter.

2, Blanket contractual liabillty coverage, to the extent permitted by law, including but notlimited to coverâge of Contractor's contractual indemnity obligations in Paragraph

7.t8,

3. Broad form property damage coverage.

4. Severability of interest.

5. Underground, explosion, and collapse coverage.

6. Personal iniury coverage. 77. Additional insured endorsements that include both ongofng operat¡ons and products

and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG

20 g7 1O 01 (together); or CG 20 t0 07 04 and CG 20 37 07 Ot| (together); or thelr

equtvatent,[¡O {8, ror*desien-pro'rfu$¿5-ñãlT¡lillTiõñãnä-sÏiõas, lRi"rndo-isäÏñõ'nT-]c-F20-3107'04;-

"Addi,tion€[,{nsureó*Engineers¡.Arehitects"or.-Surveyors -Not-Engæed-byths-Namet*

I nsu redlbr*it€¡e$tiryu1e'nüæ

D. Automobile tidbitity: Contractor shall purchase and maintain automãbile liability lnsurance

agalnst clalms for damages because of bodily injury or death of any person or property

damage arising out of the ownership, malntenance, or use of any motor vehicle' The

automobile liability pollcy shall be written on an occurrence basis. tlþ DlJmbrettø or excess liability: Contractor shall purchase and fnaintsin umþrella or exeess

liability insurance wrltten over the underlylng emplÐyey's liability, commerclal .g:o:ttlliability, and automobile liabillty insurance described ln the paragraphs abovet Sub]lc.lto

industry-standard exclusions, the coverage afforded shall follow form as to each and everY

ttî

tI

E

J

\\,þ'ì)t(

{'

one of the underlying policies.

Controcto¡'s pollution liobi|ity ìnsurance; Contractor shaII

coverlng thlrd-party lnjury and property damage clalms, ln

ETCDC. C-700, Standard 6anafal Condltlon¡ of the conrtrustlon Contract'

Copvr¡ght (o 2013 Natlonsl SocleW of Pmfas¡lonel Englncers, Amerlc¡n Gouncll of Englnmrfng

purchase and maintafn a

cludíng clean-uP costs, as aF

and Amcrlcrn Soclety of Clvfl Englneerr, All rlghts re¡.rvcd. P¡g€ 21 of 65ComPrnlc:,

G

H

I

I

I

II;

;

il

;

;

;

IIIil

of pollution conditions arising from Co,ntractor's operatlons and completed operations. Thlsinsurance shall be maintained for no less than three years after flnal completion.

Additional lnsuredst The Contractor's commercial general liability, automobile liability,umbrella or excess, and pollution liability policies shall include and llst as additionalinsureds Owner and Engineer, and any indivlduals or entities identified in theSupplementary Conditlons; include coveraBe for the respective officers, dlrectors,members, partners, employees, agents, consultants, and subcontractors of êach and any ofall such additional insureds; and the insurance afforded to these additional insureds shallprovide primary coverage for all claims covered thereby (including as applicable thosearlsing from both ongoing and completed operations) on a non-contributory basis.

Contractor shall obtaln all necessary endorsements to support these requirements.

Contractor's professionol llabllity lnsuronce: lf Contractor will provide or furnlshprofessional servlces'ünder this Contract, through a delegation of professional designservices or otherwise, then Contractor shall be responsible for purchasing and maintainingapplicable professional liabllity insurance. Thís insurance shall provide protectlon againstclaims arlslng out of performance of professional deslgn or related services, and caused bya negligent error, omission, or act for whlch the insured party is legallV liable. lt shall be

maintained throughout the duration of the Contract and for a mlnimum of two years afterSubstantial Completion. lf such professional design services are performed by a

Subcontractor, and not by Contractor itself, then the requirements of this paragraph maybe satisfied through the purchasing and maintenqnce of such insurance by such

Subcontractor.

Generol provisions: The pollcles of insurance required by thís Paragraph 6,03 shall:

1.. lnclude at least the specific coverages provided in this Article,

2. be written for not less than the limits of liability provided in this Article and in theSupplernentary Conditlons, or required by Laws or Regulatlons, whichever is greater.

3. conrarn a provrsrorfr""'åi¡#Jdåi.l'låhiíKá"t"í"ííc{{¡,¿,:;;i,;irínot u" canceted,mêterlallv change$ or renewal refused until at least 10 days prior written notfce hasbeen glven to Coâtractor. Wthln three days of receipt of any such written notice,Contractor shall provlde a copy of the notice to Owner, Engineer, and each otherinsured under the policy.

4. remain in effect at least until final payment (and longer if expressly required in thisArtlcle) and at all tlmes thereafter when Contractor may be correcting, removing, orreplacing defective Work as a warranty or correction obllgation, or otherwise, orreturning to the Site to conduct other tasks arising from the Contract Documents.

5. be appropriate for the Work being performed and provide prõtectlon from claims thatmay arise out of or result from Contractor's performance of the Work and Contractor'sother obligations under the Contract Documents, whether it is to be performed byContractor, any Subcontractor or Supplier, or by anyone directly or indirectlyemployed by any of them to perform any of the Work, or by anyone for whose actsany of them may be liable.

thecweragereqüircmentrfor-specifiepoHeie$d.inntrarrcsrlfiËf66îñõf Efi:i¡anpUmeraac"ne+6o*o.*.toeJfqegF..Q!'.gnþ,rS!þlaEgrence.p¡ouided¡n"ottrer"policies-.,,

,) çl'''

þ"J

(,

E,ICDC! C-700, St'ndrrd G.ner¡l Condltlons ol thê Conrtrucrlon Contract.CopyrlSht o zo13 Nrtlon¡l socl¡ty of Profesrlonal En¡lnrcr, Amerlcan Councll of Endne€rln¡ Gompsnl¡5,

sndAme.lc.nSoclctyofClvllEngtneen. Allr[hrreserued. Page22of65

6.O4

6.05

Ow ner's Li o bility I nsurq nce

A. ln addition to the insurance required to be provided by Contractor under Paragraph 6.03,Owner, at Owner's option, may purchase and maintain at Owner's expense Owner's ownliability insurance as will protect Owner against claims which may arise from operationsunder the Contract Documents.

B. Owner's liability policies, if any, operate separately and independently from policies

required to be provided by Contractor, and Contractor cannot rely upon Owner's liabilitypollcies for any of Contractor's obligations to the Owner, Engineer, or third part¡es.

Property lnsurance

Euilder's Rrsk: Unless otherwise provided in the Supplementary Conditions, Contractor shalland maintain builder's risk lnsurance upon the Work on a completed basis,

amount of the full ínsurable replacement cost thereof (subject to deductibleas may be provided in the Supplementary Conditions or req by Laws and

This insurance shall

f , includ Owner and Contractor as named insureds, and and anyindivi or entitles required by the Supplementary to be insured undersuch bui risk policy, as insureds or named For purposes of theremainder is Paragraph 6.05, Paragraphs 6.06 6.07, and any correspondíngSupplementa nditions, the parties required be insured shall collectívely bereferred to as "i ds."

2, be written on a bui risk "all risK' policy that shall at least include insurancefor physical loss or da to the Work, buíldings, falsework, and materialsand equipment in d shall insure nst at l'east the followlng perils or causesof loss: fire; lightning;aircraft; smoke; theft;boiler exploslon, and

civil commotion; terrorism; vehicle impact;malicious mischief; mechanical breakdown,

electric currenU earthquake; volcanicactivitç and other earth flood; collapse; explosion; debris removal;

of Laws and Regulations; water damage (otherdemolítíon occasioned bythan that caused by flood); other perils or causes of loss as may be

specifically required by the Conditions, lf ínsurance against mechanically generated electríc curren! earthquake;breakdown, boiler

volcanic aÇt¡vity, andunder builder's risk

earth or flood, are not commercially availableby endo or otherwise, such insurance maY be

províded through insurance poficies

3. cover, as insu roperty, at least the fosupplies, machl , apparatus, equipment, fixtunature that to be incorporated into or u the Preparation, fabrication,construct¡ erection, or completion of the Work, ng Owner'furnished or

assigned (b) spare parts inventory required the scoPe of the Contract;

and (c) porary works which are not intended to part of the PermanentWork but whlch are intended to provide worki to the Site, or to

under construction, or which are intended to provi supPort for

under constructlon, including scaffolding, formand temporary structures.

fences, shoring,

4, expenses incurred in the repair or replacement of any

(including but not limited to fees and charges of engineers and arc

ËrCÞCt G700, Standa¡d €sno¡rl Cùndttloos ofthe Con$tuctlon (ontrscùcopyrlght (o tol$il*lonal goctrty of pfirf€¡ilonel Ën¡lneoß, Aierlctn Councll of snglaeer¡ng companl6s'

enü Amcrls¡n 3o¿l6ty of clell Entlfi€ott. Alt rlght3 reservedi P€g€ ¿t of 63

I

I

I

I

I

I

I

I

I

I

I

I

Y|tþ'þ-t)" *tu"

to Owner and Contractor.

(a) the-Work and all materials,

and other proPertY of a similar

5 extend to.cover damage or loss to insured propeor in a storage location outs¡de the Síte (but

of a manufacturer or Supplier).

cover damage or loss to insured

the Work

while in trans¡t.

all losses and damages caus eå Uy ttre perils or causes of

ry storage at therty stored at the

6.

7, allow for occupation or use of the by Owner, such that those portions of

builder's risk

8. allow for the

are not yet occupied by Owner shall remain covered by the

the ins s subrogation rights, as set forth below.

9. provide prímaryloss covered.

B' Notice of Cancellotion or Chønge: All the policies of insurance (and the certificates or otherevidence thereof) required to be purchased and maintained in accordance with thlsParagraph 6.05 will contain a provision or endorsement that the coverage afforded will notbe canceled or materíally changed or renewal refused until at least 10-days prioiwrittennotice has been given to the purchasing pollcyholder. withirr,.three days oi råceipt of anysuch wrltten notice, the purchasing polícyholder shall provlde a copy of the notice to eachother insured.

c' Deductibtes: The purchaser of any required bullder's risk or property insurance shall pay forcosts not covered because of the application of a policy deductible.

D' Partiol occupancy or lJse by owner: lf owner wlll occupy or use a portion or portions of thework prior to substantial completíon of all the work as provided in paragraph 15.04, thenowner (directly, if it is the purchaser of the builder's risk policy, or through contractor) willprovide notice of such occupancy or use to the builder's risk insurer.lhe builder,s r¡skinsurance shall not be canceled or permitted to lapse on account of any such partial use oroccupancy; rather, those portions of the Work that are occupied or used by Owner maycome off the builder's risk policy, whíle those portions of the work not yei occupiea orused by owner shalf remain covered by the builder,s risk insurance,

E. Additionol lnsurance lf Contractor elects to obtain other special insurance to be included inor supplement the builder's risk or property insurance policies provided under thisParagraph 6.05, ¡t may do so at Contractor,s expense.

F' lnsurance of Other Property: lf the express lnsurance provislons of the Contract do notrequíre or address the lnsurance of a property ltem or interest, such as tools, constructionequlpment, or other personal property owned by Contractor, a Subcontractor, or anemployee of Contractor or a Subcontractor, then the entity.or indivldual owning suchproperty item will be responsible for decíding whether to ínsure it, and if so in whatamount,

10. not include a co-i nce cl

11. include an n for ensuing from physical damage or loss with respect toany ship, design, or ls exclusions.

L2. include rmance/hot testing and

13. be in effect, subject to the herein regarding Substantíalby Owner, until the Work ls

n and partial occupancy or use of the

EJCDC. C-700, Stendard Gener¡l Condltlons of th3 Con¡tri¡ctbn Contrsct.Copyrlght O 2013 NatlonEl Soclety of profssslon¡t Englneeß, Amcrlcan Couræll of En3lnerrln¡

¡nd Amerlc¡n Sochty of Clvll En¡lneers. All rfShts reserued, paSc Za of 65Compadle¡,

I6.06 Woiver of Rights

A. All policiès purchased in accordance with paragraph 6.05, expressly including the builde/srisk policy, shall contaín provisions to the effect that in the event of payment of any loss ordamage the insurers will have no rlghts of recovery against any insureds thereunder, oragainst Engineer or lts consultants, or their officers, directors, members, partners,employees, agents, consultants, or subcontractors. Owner and Contractor waive all rightsagainst each other and the respective offlcers, directors, members, partners, employees,agents, consultants, and subcontractors of each and any of them, for all losses anddamages caused by, arislng out ol or resulting from any of the perils or causes of losscovered by such policies and any other property insurance applicable to the Work; and, inaddition, waive all such rights against Engineer, its consultants, all Subcontrðctors, allindividuals or entities identified in the Supplementary Conditions as insureds, and theofficers, directors, members, partners, employees, agents, consultants, and subcontractorsof each and any of them, under such policies for losses and damages so caused. None ofthe above waivers shall extend to the rights that any party makíng such waiver may have tothe proceeds of insurance held by Owner or Contractor as trustee or fiduciar¡ or otherwisepayable under any policy so issued.

B, owner waives all rlghts against Contractor, Subcontractors, and Engineer, and the officers,directors, members, partners, employees, agents, consultants and subcontractors of eachand any of them, for:

I

I

I

I

I

I

I

rl

I

il

ll

7. loss due to bubeyond directarising out of,and

siness interruption, loss of use, or other consequential loss extendingphysical loss or damage to owne/s propefi or the work caused by,or resulting from fire or other perils whether or not insured by owner;

2. loss or damage to the completed Project or part thereof caused by, arising out of, orresulting from fire or other ínsured peril or cause of loss covered by any propertyinsurance maintained on the completed Project or pãrt thereof by owner duringpartial occupancy or use pursuant to Paragraph 15.04, after Substantíal Completionpursuant to Paragraph 15.03, or after flnal payment pursuant to paragraph 15.06.

C' Any insurance policy mainta¡ned by owner covering any loss, damage or consequential lossreferred to ín Paragraph 6.06.8 shall contain provisions to the effect that ¡n the event ofpayment of any such loss, damage, or consequential loss, the lnsurers will have no rights ofrecovery against Contractor, Subcontractors, or EngÍneer, or the officers, d¡rectors,members, partners, employees, agents, consultants, or subcontractors of each and any ofthem.

D. Contractor shall be responsible for assuring that the agreement under which aSubcontractor performs a portion of the Work contains provisions whereby theSubcontractor waives all rlghts against Owner, Contractor, all indivlduals or entitiesldentífied in the Supplementary Conditions as lnsureds, the Engineer and its consultants,and the offlcers, directors, rnembers, partners, employees, agents, consultants, andsubcontractors of each and any of them, for all tosses and damages caused by, arising outof, relating to, or resulting from any of the perils or causes of loss covered by builder's risklnsurance and any other property lnsurance applicable to the work.

Recelpt and Applicotlon of Property lnsuronce proceeds

A' Any ínsured loss under the bullder's risk and other policies of ínSurance requlred byParagraph 6.05 will be adjusted and settled with the named ínsured that purchased the

EJCDC{ G700, 5tånd.td Gen6ral Co¡dltlonr of the Const¡uctlon Contrsct.Copyrl¡ht @ 2013 llåtlon¡l Soclety of Profcrrbnrl Englneer¡, Amerkan Councll of EndncerlnS C,omp.nfcs,

andAmerlcanSochtyofClvllEngtneer¡. Allrlthtrrc¡erucd. pEge25of65

I

6.07

SG-5. ÊÞ-,Hqzardous E¡'Ujlonme#al Condltione

Delete paragraphs 5.06.4 and 5.06.8 in thelr entirety and insert the following:

A. No reports or drawings related to Hazardous Environmental Conditions at the Site are

known to OWNER.

B. NotUsed.

SC-6.01 Performance arEl Pavment Bonds

Add the following new paragraphs immediately after Paragraph 6.01.F:

G. The forms of the performance and payrnent.9onds attached hereto shatl be used for ths

conrrael'Note'i;istiüðt'iõné tirerðon as to the fonñ rípplicable. Each form contemplates oP golPqr,q-tg

Jürery óäry.iä cáse co-suiei¡es or indivldual sureties will be fltli*l9dt.l.f¡ïjgms therefore stìâl¡ þe

ooiãiñeo. åeéiaes trrããt6îtaäãns oi páragràpns 6.01 through 6.0.3, the sir¡ely gn the_Bonds shall.provlde

ilärtif¡ãà1"-tnãúãiiÁé;ürsrv-ié i¡cénsea tä uhderwrite contiacts in the jurisdiction of the project location

which shall be attached to the Bonde.

H. Bonds shall be placed with surety with a Best's rating of no less than A'Vll.

9C-6.0Q ÇOfITRA JOFS lnsurance

Add the following to the end of Paragraph 6.03.C.7:

Altadditional insureds shall be endorsed on the policy as reqúired in Paragraph 6.03'C.7. Endorsements

shall not exclude supervisory or inspection seryices. r

Delete paragraph 6,03.C.S in its entirety and add the following new paragraphs immediately atter

Paragraph 6,03.C.7:

g. lnsurance certificates for commercial general, automobile, and umbrella "shall

specificãlly indicaie by name the additional insureãs which are to include OWNER" and

ENGINEER ãs wãl as'other persbns or entities so identified. CeÉificates shall be Acord 25-S or

equivalent,

g. Endorsements or General Liability policy shall not exclude supervisory or

inspection services.

Add the followlng new language to the end of Paragraph 6.03'D:

CONTRACTOR shall also provide an Addltional lnsured Endorsement f9r the automobile policy'

Endorsement form shall be CA 20 48, or equal.

Change in paragraph 6.03.1.3 the phrase "materially changed" to read "materially changed with respect

to cover*ge on the Project."

Add the following new paragraph immediately after Paragraph 6.03.1.5:

6. Waiverof Subrogattsn: GONTRACTOR's commerclal.generalliauilily'-1gt"og3-fjtetiability, umbre¡a or excess, unffiiltióñ'ùåüäitv p;l¡¿ld;h"ll-piqi¡qg-a waiver of eubrogaton

covertng owNER and ENGtNEER, and any indlvlduaiããienifträiiãentifled.in Û,e Supplementary

Sectíon 00 73 00-6

IIrIItIIII

I

il

I

il

fl

1040.114/1.2018

Condltions. CONTRACTOR shall obtáin all necessary endorsements to support theserequirements.

Delete Paragraph 6,03.J in its entirety and inse¡t the following new paragraph in its place:

J. The stated limits of Paragraphs 6.03,K.1, 6.03.K,2, and 6.03.K.3 can be obtained throughindividual policies or in conjunction wlth an umbrella policy (pay on þehalf form) to arrive at the total limitsrequested.

Add the following new paragraph immediately after Paragraph 6.03.J:

K. The limits of liability for the insuranoe required by Paragraph 6.03 of the GeneralConditions shall provide coverage fbr not less than ths fsllowing amounts or greater where required byLaws and Reþulations:

1. Workers'Compensation, and related coverages under Paragraphs 6.03.4.1 andA.2 of the General Conditions:

State:

Federal, if applicable (e.9., Longshoreman's):

Statutorv

t/û$

$

$

*ún1'

Statutory

Employer's Liability:

Bodily injury, each accident

Bodily inJury by disease, each employee

Bodily injury/disease aggregate

1,000,000

1,000,000

1.000,000

Foreign voluntary worker compensation Statutory

2. CONTRACTOR's Commercial General Liability under Paragraphs 6.03,8 and6.03.C of the General Conditions:

General Aggregate $ 2,ooo,0oo

Products - Completed Operations {ggregate $ 1,000,000

Personal and Advertising lnJury $ 1.000,000

Each Occurrence (Bodily lnjury and PropertyDamage) $ 1,000,000

General Aggregate Limits specified above shall apply separately to thls project byattachment of:

"Amendment of Limits of lnsurance-Ðesignated Location(s) General Aggregate LlmitEndorsernent (lSO Form No. CG 26040509)_or_"Desig^nete4_C_onstruction ProJeot(s)General Aggrigate Limit' Endorsement (lSO Form ,CG 25030509) or equivalentendorsement coverage.

Section 00 73 00-710Áo.1't4t1-2018

3' Automobile Liability under Paragraph 6,03.D. of the General Condltions:Combined Single Limit of

Excess or Umbrella Liability:

Per Occurrence

General Aggregate

CONTRACTOR's Pollution Liability:

Each Occunence

General Aggregate

$

4

5.

$

$

$

$

2,000 ,000

I

I

I

I

I

I

I

I

I

I

il

2. 000

X lf box is checked, coNTRAcroR is not required to providecoNTRAcroR's Pollution Liability insurance under this contract

6- General Liability, Automobile Liability, and. Umbrella Liability shall includecoverage for mental anguish, punitive damages, and dlectronic data liability.

SC-6.05;A CûNTRACTOR's lnstallafion Floatgr lnsurancq

Detete Paragraph 6.05.A ln its entirety and insert the following in its ptace:

A. GONTRACTOR shall provide and maintain installation floater insurancs for propertv underthe c.are,. custody, or oontrol of coNTRAcroR. The instaltation ftoatci ¡niuianiJihãit bõ;I,ääd öi;.9l,,tJl1Þ!lP-o]L9Y qfgvldins coveraqe for all materials, sqn¡llgg, ¡rlqqninet, niturás, ãñ¿ ãqu¡pmãñrinätwill be incorporated into the Work. Coverage under the CÓNTRACTOR's jnstallatioir floatei wlll ¡nciuàã:

1. any loss to property while in transit,

2. any loss at the Site, and

3, any loss while in storage, both on-site and off-site.

4. include the OWNER and CONTRACTOR as named insureds, and allSubcontractors, and any lndividuals or entities required by the Supplementery Conditionsto be lnsured under srich pollcy, as insureds or'named lnsure<js. For puróoses of fhersrnaindsr of this Paragraph 6.05, Paragraphs 6.06 and 6.07, and any cörrespondingSupplementary Conditiohs, the partlss re{ulied to be insureO snâllcollectively be iefeneðto as "insureds."

SC-7"02.8 Labor: Workiûg Hourç

Add the following new subparagraphs immediately after paragraph 7,02,8;

1. Regular working hours will be 7 A.M. to 7R.vr., Monday through Friday,

Section 00 73 00-81040.114n-n18