10-110.00 Northwest Fence Company: Discovery Playground FenceAGREEMENT FOR CONSTRUCTION OR SERVICES
Northwest Fence Company
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and Valley Glass hereinafter "Contractor," jointly referred to as "parties."
IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows:
1. Work to Be Performed The Contractor shall do all work and furnish all labor, tools,
materials, supplies and equipment for the Discovery Playground Fence project (hereinafter "work ") in
accordance with, and as described in Exhibit 1 (Scope of Services), which is by this reference incorporated
herein and made part hereof ( "Contract Documents "), and shall perform any changes in the work in accord
with the Contract Documents.
The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto, 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 Plans and Contract Documents, except those items mentioned
therein to be furnished by the City of Spokane Valley.
The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior to
commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee to
review the scope of services, schedule, and time of completion. Upon notice from the 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 the City, all work shall be performed in conformance with the Contract
Plans, Contract Documents, City and State standards. Contractor acknowledges review of the Contract Plans
and Contract Documents and accepts the same. Contractor shall exercise best efforts, including the selection of
the highest quality materials; so that all work performed shall be in compliance with current related industry
standards.
2. Term of Contract This agreement shall be in full force and effect upon execution and shall
remain in effect until October 1, 2010.
The City may terminate this agreement by ten days' written notice to the other party. In the event of
such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily
performed prior to the termination date.
3. Compensation The City agrees to pay the Contractor a fee not to exceed $1250.00 plus
W.S.S.T. for the materials, as full compensation for everything furnished and done under this agreement.
4. Payment The Contractor may elect to be paid in monthly installments, upon presentation of
an invoice to the City, or in a lump sum, upon completion of the work. Applications for payment shall be sent
to the City Clerk at the below- stated address.
The City reserves the right to withhold payment under this agreement which is determined, in the
reasonable judgment of the City Manager, to be noncompliant with the Contract Plans, Contract Documents, or
City or State standards.
Agreement for Construction Services Page 1 of 5
rl
Notice Notice shall be given in writing as follows:
TO THE CITY:
Name: Christine Bainbridge, City Clerk
Phone Number: (5 09) 921 -1000
Address: 11707 East Sprague Ave., Suite 106
Spokane Valley, WA 99206
TO THE CONTRACTOR:
Name: Northwest Fence Co. luC, .
Phone Number: 208 - 772 -8547
Address: 7488 N. Government Way
Coeur d'Alene, Idaho 83815
6. Applicable Laws and Standards The parties, in the performance of this agreement, agree to
comply with all applicable Federal, State and local laws, and City ordinances and regulations.
7. Prevailing Wages on Public Works Unless otherwise required by law, if this contract is for
a "public work" which is defined as "work, construction, alteration, repair or improvement other than ordinary
maintenance executed at the cost of the City," the following provision applies:
This agreement provides for the construction of a public work and a payment of prevailing
wages according to Washington law. All workers, laborers or mechanics shall be paid a
prevailing rate of wage.
Before any payment may be made to Contractor a "Statement of Intent to Pay Prevailing
Wages" must be submitted to the City. Following final acceptance of the public works
project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid"
before retained funds will be released to the Contractor. The affidavit must be certified by the
industrial statistician of the Department of Labor and Industries.
8. Relationship of the Parties It is hereby understood, agreed and declared that the Contractor
shall be an independent Contractor and not the agent or employee of the City, that the City is interested in only
the results to be achieved, and that the right to control the particular manner, method and means of the work is
solely within the discretion of the Contractor. Any and all employees who provide services to the City under
this agreement shall be deemed employees of the Contractor. The Contractor shall be solely responsible for the
conduct and actions of all its employees under this agreement and any liability that may attach thereto.
9. Ownership of Documents All drawings, plans, specifications, and other related documents
prepared by the Contractor under this agreement are and shall be the property of the City, and may be subject
to disclosure pursuant to RCW 42.56 or other applicable public record laws.
10. 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 the Contractor's records with respect to all
matters covered in this contract. 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.
11. Warranty Unless provided otherwise in the Contract Plans or Contract Documents,
Contractor warrants all work and materials performed or installed under this contract are free from defect or
failure for a period of one year following final acceptance by the City, unless a supplier or manufacturer has a
warranty for a greater period, which warranty shall be assigned to the City. In the event a defect or failure
Agreement for Construction Services Page 2 of 5
occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or
expense to the City.
12. Contractor to Be Licensed And Bonded The Contractor shall be duly licensed and bonded
by the State of Washington at all times this agreement is in effect.
13. Insurance The 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 the Contractor, their agents, representatives, employees or
subcontractors.
No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to
limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
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) from CA 00
O1 or a substitute form providing equivalent liability coverage. If necessary, the
policy shall be endorsed to provide contractual liability coverage.
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. The City shall be named as an
insured under the Contractor's Commercial General Liability insurance policy with
respect to the work performed for the City using ISO Additional Insured endorsement
CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20
37 10 01 or substitute endorsements providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
B. Minimum Amounts oflnsurance. 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 that
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000
products - completed operation aggregate limit.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability and Commercial General Liability
Agreement for Construction Services Page 3 of 5
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect to the
City. Any Insurance, self - insurance, or insurance pool coverage maintained by the
City shall be excess of the Contractor's insurance and shall not contribute with it.
2. Cancellation of Consultant's insurance shall be governed by either:
a. the policy shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty days prior written notice by certified mail,
return receipt requested, has been given to the City, or
b. the Consultant shall provide at least 30 days' prior written notice by
certified mail, return receipt requested of a cancellation.
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
contract, the Contractor shall furnish acceptable insurance certificates to the City at the time
the Contractor returns the signed contract. 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 the City. The Contractor shall be
financially responsible for all pertinent deductibles, self - insured retentions, and /or self-
insurance.
14. Indemnification and Hold Harmless The Contractor shall defend, indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or in connection with the performance of this agreement,
except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees,
and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It
is further specifically and expressly understood that the indemnification provided herein constitutes the
Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of the agreement.
15. 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.
Agreement for Construction Services Page 4 of 5
a� Y,
16. 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.
17. Jurisdiction and Venue This agreement is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
18. Arbitration All disputes arising under this agreement shall be resolved through arbitration
pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of
Arbitration.
19. Entire Agreement This written 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 and signed by the parties hereto.
20. Anti - kickback No officer or employee of the 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.
21. Business Registration Prior to commencement of work, Contractor shall register with the
City as a business.
22. 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.
23. Exhibits Exhibits attached and incorporated into this agreement are:
1. Scope of Services;
2. Insurance Certificates.
WITNESS WHEREOF, the parties have executed this agreement this d ?6VV\ day of
U 5-�- , 2010.
CITY OF POKANE VALLEY: CONTRA TOR: t)C, r+V-,w2SA qy1C.'2 CO I OC,
ity anager Gwfter-
Tax I.D. No.: IIEDACTED
ATTEST- APPROVED AS TO FORM:
,F
City Clerk Office o he City Attorney
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
Agreement for Constructi, You may petition for a review of our findings pertaining to any Page 5 of 5
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Exhibit 1 — Scope of Services
Discovery Playground Fence Project
1. Project consists of adding two additional fence panels near bear cave to match
existing fencing as per attached quote. Address is 2426 N. Discovery Place,
Spokane Valley, WA 99216.
2. Contractor to:
a. Install two new fence panels as per quote
b. All materials to match existing fence materials as per quote
c. Coordinate project with Parks and Recreation Department staff
3. Contract cost to include all labor, materials and supplies necessary to perform
the job along with any necessary permit fees and prevailing wages.
4. This is a prevailing wage public works contract. Sales tax is not to be paid on
the labor portion of the contract.
5. Discovery Playground representative for this project is:
Mike Stone
Office: (509) 720 -5400
Fax: (509) 688 -0188
mstone spokanevalley.orq
NWF40692
ACORD CERTIFICATE OF LIABILITY INSURANCE
1 DATE /DD/VYYY)
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
/MM
8/23/2010
PRODUCER Commercial Lines - (509) 358 -3800
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Wells Fargo Insurance Services USA, Inc. - CA Lic #: OD08408
HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
601 West Main Street, Suite 1400
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
LIMITS
A
Spokane, WA 99201 -0635 y 3 ,% I
INSURERS AFFORDING COVERAGE -
NAIC #
:INSURED Northwest Fence Co Inc
748 N Government Way
!
INSURER A: American Economy Insurance:Co;
19690
INSURER B: American Fire & Casualty Company '
$ 1000000
INSURER c: Liberty Northwest Ins, Corp
41939
X COMMERCIAL GENERAL LIABILITY
INSURER D:
MED EXP (Any one person)
� " �I 'P
�aRS �: r- -�.�;.,.�; -- , log �` � r.
Coeur D'Alene, 10,83814
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR
LTR
ADDT
NSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE MM /DD/YY
POLICY EXPIRATION
DATE MM /DD/YY
LIMITS
A
GENERAL LIABILITY
02CE21549201
03/0112010
03/01/2011
EACH OCCURRENCE
$ 1000000
DAMAGE TO RENTED
PREMIS S E occurrence)
$ 1000000
X COMMERCIAL GENERAL LIABILITY
MED EXP (Any one person)
$ 10000
CLAIMS MADE I OCCUR
PERSONAL & ADV INJURY
$ 1000000
X WA STOP GAP $1,000,000
GENERAL AGGREGATE
$ 2000000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
$ 2000000
POLICY X PE O LOC
B
AUTOMOBILE
LIABILITY
ANY AUTO
BAA54373374
03/01/2010
03/01/2011
COMBINED SINGLE LIMIT
(Ea accident)
$ 1000000
X
X
BODILY INJURY
(Per person)
$ ..
ALL OWNED AUTOS
SCHEDULED AUTOS
- -
X
X
BODILY INJURY
(Per accident) - -
$
-
HIRED AUTOS
NON -OWNED AUTOS
-
X
PROPERTY DAMAGE -
(Per. accident)
$ - ...
-
-
-
._
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
A
EXCESS /UMBRELLA LIABILITY
01 SU41808501
03/01/2010
03/01/2011
EACH OCCURRENCE
$ 3000000
X OCCUR F1 CLAIMS MADE
AGGREGATE
$ 3000000
$
$
DEDUCTIBLE
H
$
X RETENTION $ 10000
C
WORKERS COMPENSATION AND
WC41 NCO13117
04/01/2010
04/01/2011
X OR STMTU- 0
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT
$ 1000000
E.L. DISEASE - EA EMPLOYEE
$ 1000000
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT I
$ 1000000
OTHER
DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
AS RESPECTS: DISCOVERY PARK ADDITIONAL INSURED STATUS TO CITY OF SPOKANE VALLEY PARKS & REC DEPT (OWNER) AND CITY OF
SPOKANE VALLEY AS GRANTED BY THE POLICY. FORMS ATTACHED.
CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non - Payment
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
CITY OF SPOKANE VALLEY NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
PARKS AND RECREATION DEPT IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
2426 N DISCOVERY PLACE REPRESENTATIVES.
SPOKANE VALLEY, WA 99216 AUTHORIZED REPRESENTATIVE
OCnRn 95 (9nn1 /nRl K ,.c , 3 1696361 n ACARn Cr]RPARCTIONI 1QRf1
(This certificate replaces certificate# 1695958 issued on 8/23/2010)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25S (2001/08) 2 of 2 #S915260/M915043
POLICY NUMBER: 02CE21549201
CG 86 72 10 02
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 personlorganization for whom you're required by written contract, agreement, permit to provide
completed operations coverage. Your work on all jobs at all locations for the named person or
organization.
Location and Description of Completed Operations:
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."
Includes Copyrighted Information of ISO Properties, Inc.,
2001 with permission
CG 86 72 10 02
Saleco and the Safeco logo are registered trademarks of Safeco Corporation
EP
AFP- META2- 25- PRINT001- 0396 - 0036 -E -L
• Insurance
QD
CG 76 80 10 02
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 /organization for whom you're required by written contract, agreement,
permit to provide primary and noncontributory coverage for your ongoing operations
whether performed by you or for you.
(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 additional insured the person or
organization shown in the Schedule subject to the
following provisions:
1. The additional insured is an insured but only for
liability directly resulting from:
a. your ongoing operations for the additional in-
sured whether the work is performed by you
or for you; or
b. the general supervision of your ongoing op-
erations by the additional insured.
you. Coverage shall be limited to the extent of your
negligence or fault according to the applicable princi-
ples of comparative fault.
The insurance provided will not exceed the lesser of:
a. The coverage and /or limits of this policy, or
b. The coverage and /or limits required by the
contract, agreement or permit.
With respect to the insurance afforded the additional
insured, paragraph 4. of SECTION IV — COMMER-
CIAL GENERAL LIABILITY CONDITIONS is de-
leted and replaced by the following:
2. This insurance does not apply to:
a. "Bodily injury" or "property damage" arising
out of any act or omission of, or for defects
in design furnished by or for, the additional
insured or
b. "Bodily injury" or "property damage" in-
cluded within the "products - completed oper-
ations hazard."
A person's or organization's status as an additional
insured under this endorsement ends when your op-
erations for that insured are completed.
No coverage will be provided if, in the absence of this
endorsement, no liability would be imposed by law on
4. Otherinsurance
a. This insurance is primary and noncontrib-
utory, and our obligations are not affected by
any other insurance where the additional in-
sured is the Named Insured, whether pri-
mary, excess, contingent, or on any other
basis; however, the defense of any claim or
"suit" must be tendered as soon as practi-
cable to all other insurers which potentially
provide insurance for such claim or `suit ".
b. This additional provision applies only to the
additional insured shown in the Schedule
and the coverage provided by this endorse-
ment.
Saleco and the Sal— logo we registered Irademaks of Safeco Corpaali'I
EP
GG 76 80 10 02
POLICY NUMBER 02CE21549201
COMMERCIAL GENERAL LIABILITY
CG 25 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LI M IT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
ALL PROJECTS
A For all sums which the insured becomes legally
obligated to pay as damages caused by
"occurrences" under Section I — Coverage A, and
for all medical expenses caused by accidents
under Section I — Coverage C, which can be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:
1. A separate Designated Construction Project
General Aggregate Limit applies to each
designated construction project, and that limit
is equal to the amount of the General
Aggregate Limit shown in the Declarations.
2 The Designated Construction Project General
Aggregate Limit Is the most we will pay for the
sum of all damages under Coverage A, except
damages because of 'bodily injury" or
"property damage" included in the "products -
completed operations hazard ", and for
medical expenses under Coverage C
regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing " suits".
3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated
Construction Project General Aggregate Limit
for that designated construction project. Such
payments shall not reduce the General
Aggregate Limit shown in the Declarations nor
shall they reduce any other Designated
Construction Project General Aggregate Limit
for any other designated construction project
shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Damage To Premises Rented To
You and Medical Expense continue to apply.
However, instead of being subject to the
General Aggregate Limit shown in the
Declarations, such limits will be subject to the
applicable Designated Construction Project
General Aggregate Limit.
CO 25 03 05 09 ® insurance Services Office, Inc., 2008 Pagel of 2 El
Insured copy
B. For all sums which the insured becomes legally C.
obligated to pay as damages caused by
"occurrences" under Section I — Coverage A, and
for all medical expenses caused by accidents
under Section I — Coverage C, which cannot be
attributed only to ongoing operations at a single
designated construction project shown in the
Schedule above:
1. Any payments made under Coverage for
damages or under Coverage C for medical D.
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products - completed Operations Aggregate
Limit, whichever Is applicable; and
2. Such payments shall not reduce any
Designated Construction Project General
Aggregate Limit.
Page 2 of 2
When coverage for liability arising out of the
"products-completed operations hazard" is
provided, any payments for damages because of
`bodily Injury" or "property damage" included in
the "products- completed operations hazard" will
reduce the Products - completed Operations
Aggregate Limit, and not reduce the General
Aggregate Limit nor the Designated Construction
Project General Aggregate Limit.
If the applicable designated construction project
has been abandoned, delayed, or abandoned
and then restarted, or if the authorized•
contracting parties deviate from plans, blueprints,
designs, specifications or timetables, the project
will still be deemed to be the same construction
project.
E. The provislons of Section III — Limits Of
Insurance not otherwise modified by this
endorsement shall continue to apply as
stipulated.
0 Insurance Services Office, Inc., 2008
CG 25 03 05 09
Insured Copy