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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