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14-060.00 WM Smith & Associates: Park Pool Tank Painting CONSTRUCTION AGREEMENT W. M. Smith & Associates,.Inc. THIS CONSTRUCTIONAGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and W. M. Smith & Associates, Inc., ("Contractor")jointly referred to as the`Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision,tools, materials, supplies and equipment and other items necessary for the construction and completion of the Park Road Pool Tank Painting Project(the"Work")in accordance with documents described in Exhibit 1 and in accordance with this Agreement (which are by this reference incorporated herein and made part hereof(the "Contract Documents")), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4,below, assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities provided for in the Contract Documents to City's satisfaction,within the time limits prescribed in the Contract Documents. The City Manager,or designee,shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City,all work shall be performed in conformance with the Contract Documents, and all City,State and federal standards,codes,ordinances,regulations and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work as soon as weather permits and shall complete the Work within the times specified in the Contract Documents,as may be extended in accordance with this Agreement and the Contract Documents.. 3. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of $29,500.00, plus Washington State Sales Tax of $2,566.50, for a total of$32,066.50, based on the bid submitted by Contractor, and as may be adjusted in accordance with the Contract Documents. 4.Payment. Contractor may elect to be paid in monthly installments,upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the below stated address. Pursuant to Chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards, City Code,and federal or state standards. 5. Notice. Notice other than applications for payment shall be given in writing as follows: Construction Agreement Page 1 of 6 ('A ICI- OGO TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: W. M. Smith&Associates, Inc. Phone: (509)921-1000 Phone: (800)426-9460 Address: 11707 East Sprague Ave, Suite 106 Address: P. O. Box 398 Spokane Valley, WA 99206. Ellensburg, WA 98926 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws, codes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2) of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal, state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of RCW 39.12, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries("L&P'). If employing labor in a class not shown,Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing,during,and upon completion of the work,Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with RCW 39.12. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project,published by L&I are located at the L&I website address: Construction Agreement Page 2 of 6 https://fortress.wa.gov/lni/wagelookup/pryWagelookup.aspx B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the offices of City located at 11707 East Sprague,Suite 106, Spokane Valley,WA 99206. Upon request,City will mail a hard copy of the applicable prevailing wages for this project. 9.Relationship of the Parties. It is understood,agreed and declared that Contractor shall be an independent contractor,and not the agent or employee of City,that City is interested in only the results to be achieved,and that the right to control the particular manner,method and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 10. Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 11.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 12.Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following fmal acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish aperiod of limitation with respect to Contractor's other obligations under this Agreement. 13. Contractor to Be Licensed And Bonded. Contractor shall be duly licensed,registered and bonded by the State of Washington at all times this Agreement is in effect. 14. Insurance. Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents,representatives,or employees. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Construction Agreement Page 3 of 6 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,independent contractors,products- completed operations, stop gap liability,personal injury and advertising injury,and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion,collapse or underground property damage. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds,and will include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles,self-insured retentions, and/or self-insurance. 15.Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors or omissions in the services provided by Contractor, Construction Agreement Page 4 of 6 Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend,indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and(b)Contractor, Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants and employees. Contractor's duty to defend, indemnify and hold City harmless shall include,as to all claims,demands,losses and liability to which it applies, City's personnel-related costs, reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection, and all other claim-related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor by City,and does not include,or extend to,any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 16. Waiver. No officer, employee,agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 17. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 18. Confidentiality. Contractor may, from time to time,receive information which is deemed by City to.be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 19.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court for Spokane County, unless otherwise required by applicable federal or state law. 20. Subcontractor Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,at the time of subcontract execution,meets the responsibility criteria listed in RCW 39.04.350(1)and possesses an electrical contractor license,if required by chapter 19.28 RCW,or an elevator contractor license if required Construction Agreement Page 5 of 6 by chapter 70.87 RCW. This verification requirement must be included in every subcontract of every tier. 21.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County, State of Washington. 22. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed,modified or altered except in writing signed by the Parties. 23. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 24.Business Registration. Prior to commencement of Work under this Agreement,Contractor shall register with the City as a business. 25. Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause or phrase of this Agreement. 26. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Work 2. Insurance Endorsements The Parties have executed this Agreement this 2 s day of April, 2014. CITY OF SPOKANE VALLEY: Contract•r: PanicGlp5m4—-- ACM 4i Milo Jackson, City Manager Owner / ATTEST: APPROVED AS TO FORM: c61 _ Christine Bainbridge, City Clerk Office of e City 7?Cth ey Construction Agreement Page 6 of 6 ScnTOF � �. pokane Parks and Recreation Department �` '��Te Fax: 0 .688.018 Place 1 Spokane Valley, WA 99216 gal CJV 509.688.0300 Fax: 509.688.0188 1 park Spokane Valleyevalley.o 6 March 27, 2014 Quote Request For City of Spokane Valley Parks & Recreation Department • Project Title: Park Road Pool Tank Painting • Project Scope/Guidelines: 1. Cover and protect all areas not to be coated. 2. Prepare all pool surfaces for coating as per manufacturer recommendations and standard pool practices. 3. Pressure wash and mask off as necessary. 4. Prepare and caulk seams and cracks as needed. 5. Apply specified materials as per manufacturer recommendations. 6. Workmanship to be guaranteed for a period of one year after acceptance by the City of Spokane Valley. 7. Contractor responsible to verify and determine all measurements, quantities, etc. to complete this project. 8. Project to begin as soon as weather permits and needs to be completed no later than June 6, 2014. 9. Contractor will notify the Director of Parks and Recreation Department of any work that will involve excessive noise, dust or any work that will disrupt adjacent residences. 10.City of Spokane Valley reserves the right to stop work by contractors for any reason deemed to be necessary. 11.Contractor will keep the jobsite clean and free of safety hazards during the entire project. 12.If for any reason work must be stopped by contractor, the Director of Parks and Recreation must be notified. 13.0pen flames and combustibles are prohibited unless prior authorization by the Director of Parks and Recreation. 14.Contractor is responsible for any permits that are required for this project. 15.All applicable permits will be posted on jobsite. 1 16.AII work must be approved by the City of Spokane Valley Parks and Recreation Department and the YMCA prior to completion of project. 17. Contractor will be responsible for any damage done to the facility or its contents. • Project Location: Park Road Pool is located at 906 N. Park Road, Spokane Valley, Washington 99212. • Site Inspection: Contractors interested in accessing the project site are invited to view the pool on Monday, April 7, 2014 at 10:00 am. YMCA staff will be present to answer questions. • Bidder Reauirements: • This is a prevailing wage public works project. • Successful contractor will need to have a current City of Spokane Valley business license as well as being licensed and bonded. • Contractor to have a minimum of two pool painting projects completed using ArmorGuard paint. References may be requested. • The insurance requirements will include naming the City of Spokane Valley as additionally insured and having the following minimum amounts of insurance: a. Automobile Liability - $1,000,000 per accident. b. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 general aggregate and $2,000,000 products-completed operation aggregate limit. • Product Specifications: 1. Main Pool — White ArmorGuard Epoxy Paint — apply two coats of 15 mil each for a total coverage of 30 mil. 2. Main Pool Lane Lines, Targets and Depth line — Dark Grey ArmorGuard Epoxy Paint — apply two coats of 15 mil each for a total coverage of 30 mil. Project Contact: Mike Stone, Director of Parks and Recreation, (509) 720-5400 • Ouote Due Date: Written quotes need to be delivered to the Spokane Valley Parks & Recreation Department no later than noon on Friday, April 11, 2014. The Parks & Recreation Department is located within CenterPlace at 2426 N. Discovery Place, Spokane Valley, Washington 99216. • Additional Information For additional information, please contact Mike Stone, Director of Parks and Recreation at (509) 720-5400 or mstone@spokanevallev.orq. 2 ACO CERTIFICATE OF LIABILITY INSURANCE ;/2gi2DD;" THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Michele Stonecipher NAME: PLC Insurance, LLC I -P(IJCNNo Ext) (425)712-3664 /e No):(425)712-3786 RECEIVED EMAIL 4211 Alderwood Mall Blvd, #210 ADDRESS•�chele@plcins.com APR 2 8 2Ct4 I INSURER(s)AFFORDING COVERAGE NAICa Lynnwood WA 98036 INSURERA'American States Insurance Comp INSUREDINSURER B: W.M. Smith & Associates, Inc. (PARKS&RECREATICf': DEI'LISURERC: DBA: WMS Aquatics INSURER o: P.O. Box 398 INSURER E: Ellensburg WA 98926 INSURERF: COVERAGES CERTIFICATE NUMBER:14/15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE D/ ADADMSUER PODGY EFF POLICY EXP LIMITS LTR INSR WVD POUCY NUMBER IMM/DYYYY) (MMIOD/YYYI Y GENERAL UABIUTY EACH OCCURRENCE S 1,000,000 DAMAGE X COMMERCIAL GENERAL LIABILITY PREMISE50(Ea6NTED occurrence) 5 200,000 A CLAIMS-MADE X OCCUR 02CE231729-1 3/15/2014 3/15/2015 MED EXP(Any one person) 5 10,000 PERSONAL BADV INJURY 5 1,000,000 GENERAL AGGREGATE 5 2,000,000 GEML AGGREGATE��77LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 5 2,000,000 —I POLICY 12L 1 PF r I 'LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 5 1,000,000 A ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 02CE231729-1 3/15/2014 3/15/2015 BODILY INJURY(Per accident) $ AUTOAUTOS X HIRED SAUTOS X AUTOSWNED (Per acddent DAMAGE $ 5 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 5 5,000,000 A EXCESSUAB CLAIMS-MADE AGGREGATE 5 5,000,000 DED X RETENTIONS 10,000 01SU431661-10 3/15/2014 3/15/2015 5 AX900003G0011191731SOWIXV.t STATU- OTH- WJ[EMPLOYERS'LIABIUTY YIN TORY LIMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT 5 1,000,000 OFFI(Mandatory In NH)BER EXCLUOED7 02CE231729-1 3/15/2014 3/15/2015 E.L.DISEASE-EA EMPLOYEE 5 1,000,000 (Mandatory IM NX) If yes,describe under NA Stop DESCRIPTION OF OPERATIONS below Gap E.L.DISEASE-POLICY LIMIT S 2,000,000 • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESAttach ACORD 101,Additional Remarks Schedule,if more space Is required) The City of Spokane Valley is added as Additional Insured if required by written contract per attached CG7680 1002 and CG8672 1002. Coverage is Primary and Non-Contributory. Waiver of Subrogation applies per attached CG2404 0509. Per Project Aggregate applies per form CG2503 0509. *Cancels and replace certificate issued on 4/24/2014. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 11707 East Sprague Ave, Suite 106 AUTHORIZED REPRESENTATIVE Spokane Valley, WA 99206 / Mike Rucker/MONICA [/ '�' 40 ,..a. .0 ACORD 26(2010/05) 01988-2010 ACORD CORPORATION. All rights reserved. INS025 owing)ni Tha Annpn name and Innn arc rcnictarcd merkc of Armmn • • prLiherty CG 86 72 10 02 [ Northwest. POLICY NUMBER: 02CE231729-1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE • Name of Person or Organization: Any person or org for whom you are required by written contract , agreement or permit to provide completed operations coverage. Location and Description of Completed Operations: Your work on all jobs at all locations for the named person or organization. Additional Premium: • (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II — WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only to the extent you are held liable due to "your work" at the location designated and described in the schedule of this endorsement for that insured and included in the `product-completed operations hazard". sa Includes Copyrighted Information of ISO Properties, Inc., 2001 with permission CG 86 72 10 02 EP CAG07-PRUN7001-2573-006311 ••'•REPRINTED FROtA THE ARCHIVE.THE ORIGINAL TRANSACTIONMAY INCLUDEADDIP-7NAL FORMS 11NLiberty CG 76 80 10 02 Northwest. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are required by written contract, agreement or permit to provide a primary and non- contributory additional insured endorsement . (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II — WHO IS AN INSURED is amended you. Coverage shall be limited to the extent of your to Include as an additional insured the person or negligence or fault according to the applicable princi- organization shown in the Schedule subject to the pies of comparative fault. following provisions: The insurance provided will not exceed the lesser of: 1. The additional insured is an insured but only for liability directly resulting from: a. The coverage and/or limits of this policy, or a. your ongoing operations for the additional in- b. The coverage and/or limits required by the sured whether the work is performed by you contract, agreement or permit. or for you; or With respect to the insurance afforded the additional b. the general supervision of your ongoing op- insured, paragraph 4. of SECTION IV — COMMER- erations by the additional insured. CIAL GENERAL LIABILITY CONDITIONS is de- l. This insurance does not apply to: leted and replaced by the following: a. "Bodily injury" or "property damage" arising 4. Other Insurance out of any act or omission of, or for defects a. This insurance is primary and noncontrib- in design furnished by or for, the additional utory, and our obligations are not affected by insured or any other insurance where the additional in- b. "Bodily Injury" or "property damage" in- sured is the Named Insured, whether pri- cluded within the "products-completed oper- mary, excess, contingent, or on any other ations hazard." basis; however, the defense of any claim or "suit" must be tendered as soon as practi- A person's or organization's status as an additional cable to all other insurers which potentially insured under this endorsement ends when your op- provide insurance for such claim or "suit". erations for that insured are completed. b. This additional provision applies only to the additional insured shown in the Schedule No coverage will be provided if, in the absence of this and the coverage provided by this endorse- endorsement, no liability would be imposed by law on ment. CG 76 60 10 02 EF AFP-META2.16-PRINT051-2229-01534 POLICY NUMBER: 02CE231729-1 COMMERCIAL GENERAL LIABILITY CO25030S09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): EACH OF YOUR CONSTRUCTION PROJECTS LOCATED AWAY FROM PREMISES OWNED BY OR RENTED TO YOU Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical 'occurrences' under Section I — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents under Construction Project General Aggregate Limit Section I — Coverage C, which can be attributed for that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General construction project shown in the Schedule above: Aggregate Limit shown in the Declarations nor 1. A separate Designated Construction Project shall they reduce any other Designated General Aggregate Limit applies to each Construction Project General Aggregate Limit designated construction project, and that limit is for any other designated construction project 07, equal to the amount of the General Aggregate Limit shown in the Declarations. shown in the Schedule above. 4. The limits shown In the Declarations for Each 2. The Designated Construction Project General Occurrence, Damage To Premises Rented To Aggregate Limit is the most we will pay for the You and Medical Expense continue to apply. sum of all damages under Coverage A, except However, instead of being subject to the damages because of 'bodily injury° or °property General Aggregate Limit shown In the damage' included in the °productscompleted Declarations, such limits will be subject to the operations hazard,' and for medical expenses applicable Designated Construction Project under Coverage C regardless of the number of: General Aggregate Limit. a. Insureds; b. Claims made or'suits'brought; or c. Persons or organizations making claims or bringing°suits? EME CG 25 03 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by °products-completed operations hazard° is `occurrences" under Section I — Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents under °bodily injury' or "property damage' included in the Section I—Coverage C,which cannot be attributed `products-completed operations hazard' will reduce only to ongoing operations at a single designated the Products-completed Operations Aggregate construction project shown in the Schedule above: Limit, and not reduce the General Aggregate Limit 1. Any payments made under Coverage A for nor the Designated Construction Project General damages or under Coverage C for medical Aggregate Limit. expenses shall reduce the amount available D. If the applicable designated construction project under the General Aggregate Limit or the has been abandoned, delayed, or abandoned and Products-completed Operations Aggregate then restarted, or if the authorized contracting Limit,whichever is applicable;and parties deviate from plans, blueprints, designs, 2. Such payments shall not reduce any specifications or timetables, the project will still be Designated Construction Project General deemed to be the same construction project. Aggregate Limit. E. The provisions of Section III —Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc.,2008 CG 2503 05 09 POLICY NUMBER: 02CE231729-1 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization for whom you are required by written contract, agreement or permit to waive rights of recovery. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All terms and conditions of this policy apply unless modified by this endorsement. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1