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Bridgestone Retail Operations, LLC<br />

PROJECT MANUAL<br />

Version: January 2012<br />

1. The Contractor shall, prior to the start of the Work, furnish and deliver to the Owner a performance bond<br />

and a payment bond (collectively the “Bonds”) each in an amount equivalent to one hundred percent (100%) of the<br />

Contract Price as security for the faithful performance and completion of all the Contractor’s obligations under the<br />

Contract Documents and covering the payment of all materials used in the performance of this Contract and for all<br />

labor and services performed under this Contract, whether by the Contractor, Subcontractors or otherwise. The<br />

Bonds shall, without limitation, cover the Contractor’s warranty and liquidated damages obligations under this<br />

Contract. Each surety providing the Bonds must have a Best’s rating not less than A/X and be licensed in the state<br />

where the job site is located and shall be named in the current list of “Companies Holding Certificates of Authority<br />

as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570<br />

(amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must<br />

be accompanied by a certified copy of his or her authority to act. It shall be the duty of the Contractor to advise the<br />

surety or sureties of any Change Orders that result in an increase to the Contract Price and to ensure that the amount<br />

of the Bonds are updated to reflect and cover any such increases throughout the course of the Project.<br />

2. If the surety behind any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its<br />

right to do business is terminated in the State or it ceases to meet any of the requirements of Section 11(A)(1), the<br />

Contractor shall, within five (5) days thereafter, substitute another Bond of equivalent value and surety, both of<br />

which must be acceptable to the Owner. In addition, no further progress payments under the Contract will be made<br />

by the Owner until the Contractor complies with the provisions of this Section 11(A)(2).<br />

B. Insurance. Contractor shall provide certificates and, upon request of Owner, policies of insurance<br />

evidencing the minimum insurance coverages and limits set forth below within ten (10) days following Owner’s<br />

execution of this Contract and prior to the commencement of the Work. Such policies shall be in form, and from<br />

companies, acceptable to Owner, with a current A.M. Best’s rating of not less than A-VII, unless otherwise<br />

approved in writing by Owner and authorized to do business in the state where the Work is to be performed. Owner,<br />

including Owner’s directors, officers, managers, members, and employees, shall be named as an additional insured<br />

on such policies by endorsement to the policies listed in Items ii, iii and iv below. The additional insured<br />

endorsement shall be at least as broad as the current edition of the Insurance Services Offices (ISO) form CG 2010.<br />

The insurance coverages and limits set forth below shall be deemed to be minimum coverages and limits and shall<br />

not be construed in any way as a limitation on Contractor’s duty to carry adequate insurance or on Contractor’s<br />

liability for losses or damages under this Contract. Contractor shall maintain, at its sole cost and expense, the<br />

following minimum insurance coverages and limits at all times while providing, performing, or completing the<br />

Work, including any correction of any failure to meet warranty, are as follows:<br />

i. Workers’ Compensation and Employer’s Liability. Limits shall not be less than: (a) Workers’<br />

Compensation: statutory, (b) Employer’s Liability: $500,000.00 ea. accident-injury, (c) $500,000.00 ea.<br />

employee-disease, and (d) $500,000.00 disease-policy. Such insurance shall evidence that coverage applies to<br />

the states in which the Work is to be performed.<br />

ii. Comprehensive Motor Vehicle Liability. Limits for vehicles owned, non-owned or rented shall not be<br />

less than $1,000,000.00 bodily injury and property damage combined single limit. Without limiting the<br />

foregoing, coverage shall be at least as broad as that provided under the current edition of the ISO Business<br />

Automobile Policy, CA 0001.<br />

iii. Commercial General Liability. Limits shall not be less than $1,000,000.00 Bodily Injury and Property<br />

Damage Combined Single Limit with the General Aggregate limit applying, on a per project basis. Coverage is<br />

to be written on an “occurrence” basis, and shall include: (a) premises operations, (b) products/completed<br />

operations, (c) independent contractors, (d) personal injury (with employment exclusion deleted), (e) broad<br />

form property damage endorsement, (f) “X,” “C,” and “U”, and (g) contractual liability (which coverage shall<br />

specifically include the indemnification set forth in Section 12 of these Standard General Conditions). Without<br />

limiting the foregoing, coverage shall be at least as broad as that provided under the current edition of the ISO<br />

Commercial General Liability Policy, CG 0001.<br />

iv. Umbrella Liability. Limits shall not be less than $4,000,000.00 Bodily Injury and Property Damage<br />

Combined Single Limit, with the General Aggregate limit applying on a per project basis. This Policy shall<br />

apply in excess of the limits stated in Items i, ii, and iii above.<br />

{00052658.DOC;1}<br />

STANDARD GENERAL CONDITIONS – MULTI-DRAW CONTRACT 01001 - Page 5 of 23

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