10-155.00 Hite Crane & Rigging: Mirabeau Park Rock RemovalAGREEMENT FOR CONSTRUCTION OR SERVICES
Hite Crane & Rigging, Inc.
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and Hite Crane & Rigging, Inc. 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 Unstable Rock Removal at Mirabeau Park project (hereinafter
"work ") in accordance with, and as described in Exhibit 1 (Proposal), 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 November 30, 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 $2,500.00 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.
Agreement for Construction Services Page 1 of 5
C�iu�t
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.
5. Notice Notice shall be given in writing as follows:
TO THE CITY: TO THE CONTRACTOR:
Name: Christine Bainbridge, City Clerk Name: Hite Crane & Rigging, Inc.
Phone Number: (509) 921 -1000 Phone Number: 509 -535 -7738
Address: 11707 East Sprague Ave., Suite 106 Address: 17515 E. Appleway
Spokane Valley, WA 99206 Spokane Valley, WA 99016
6. Applicable Laws and Standards The parties, in the performance ofthis 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, ifthis 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 maybe 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
Agreement for Construction Services Page 2 of 5
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
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
01 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 2010 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.
Agreement for Construction Services Page 3 of 5
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
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 parry, 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 oflnsurers. 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 ofthe 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
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. Proposal;
2. Insurance Certificates.
IN WITNESS WHEREOF, the parties have executed this agreement this aVh day of
9 2010.
ClW,0F SP NE VALLEY:
City Mana r
ATTEST:
l
Citv Clerk
�� RED a
owner � - ACT -E
Tax I.D.-No.: , / R
APPROVED AS TO FORM:
Office o e City Attorney
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to any Page 5 of
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
HITE
C"110 A RIOGI G, AMC.
SINGE 1969 HI- TE- CR *308LT
November 11, 2010
Spokane Valley Parks & Recreation
2426 N. Discovery Place
Spokane Valley, WA 99216
Attn: Michael D. Stone
RE: CenterPlace unstable rocks
Dear Mr. Stone,
4323 East Broadway
Spokane, WA 99212
(509) 635 -7736
Fax (609) 535 -7730
www.hitecranexom
Following our review of the loose rocks on your site yesterday, we would propose
using our rough terrain hydraulic crane and 2 riggers to pick and set selected rocks
down near the lower walkway, We feel travel in from the North can be accomplished
with minimal damage, depending on compaction of underlying material, which we
cannot take responsibility.
Cost for a full day's work would be $2,500.00, or less if it goes Quicker.
We can respond to this work as soon as directed.
CRANE RENTAL • PILE DRIVING -CONCRETE & STEEL ERECTION• MACHINERY MOVING RIGGING• INDUSTRIAL PLANT MAINTENANCE• EMERGI_NCY SERVICE
T •d 06LLGCSGOS JNISDIN 'd 3NUMO 3.LIH Etr tg OT03 2T AOW
CONOVER INSURANCE Fax: Nov 11 2010 11:48am POV011
Ira ®• �. ON ■+ z %a 1— v■ N—NY 4v1L -1 t s 10'M%0%ao�r1!®VA.P` 1 11/1 /2010
PRODUCER (509)S45-3900 FAX (509) 547 -7960
Conover Insurance, Inc.
1$04 W. Lewis
P.O. Box 252$
Place, WA 99301
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR •'
ALTER THE COVERAGE AFFORDED BY'THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIL #
INSURED Elite Crane & Ri Inc.
17515 E Appl eway
Spokane Valley, WA 99016
INSURERA: Illinois Union Insurance Co.
INSURER B: ACE Fire Underwriters
INSR DD' TYPE OF INSURANCE POLICY NUMBER ICY 9FFB=FVE POLICY EXPIRATION/
INSURERC: Colony Insurance Company
INSURER') Navigators Insurance Co.
EACH OCCURRENCE S
INSURER E:
X COMMERCIAL GENERAL LIABILITY
r49*1T1Jr7•Tc13.�1
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 PAICI CLAIMS.
INSR DD' TYPE OF INSURANCE POLICY NUMBER ICY 9FFB=FVE POLICY EXPIRATION/
LIMITS
GENPRAL LIABILITY PMGG23894129002 03/31/2016 03/31/2011
EACH OCCURRENCE S
1
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENT D
5(),000
CLAIMS MADE � OCCUR
MED EXP (Any one person) $
EXCLUDE
A X Care /Custo /Co
PERSO aADVINJURY S
11000
#NF- 26869a 09/09
GENERAL AGGREGATE $
2 1 000 1 -00 0
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS. COMP /GP AGG $
1 QQQ r QQ
POLICY )( PRD LOG
JEGT
AUTOMOBILE
LIABILITY
CALH0$520355002
03/31/2010
03/31/2011
COMBINED SINGLE LIMIT
X
ANY AUTO
(Ea accident)
1. 000 , 00 0
X
ALL OWNED AUTOS
BODILY INJURY
X
SCHEDULED AUTOS
(Per peraors)
$
X
BODILY INJURY
HIRED AUTOS
X
14ON -OWNED AUTOS
(Per;RWOent)
S
PROPERTYDAMAGE
$
(Per accident)
GARAGEI.IAUJUTY
AUTQON1,Y - EA ACCIDENT
$
ANY AUTO
OCHER THAN EAACC
$
8
AUTO ONLY; AGG
EXCES$ /UMBRELLA LLABILITY
AR6460482
03/3112010
03/31/2011
EACH OCCURRENCE
S
5 1 000 , 00
X OCCUR FI CLAIM$ MADE
AGGREGATE
$
5 000 "00
C
$
DEDUCTIBLE
S
X RETENTION S 10
$
WORKERS COMPENSATION AND PMGG23$94129002 03/31/2010 03/31/2011
1 WC ST TU- I X OTH-
EMPLOYER IETOR IPARTNERIE WA STOP GAP
ANY PROPR
/, IETORYECUTIVE
E.L. EACH ACCIDENT $
500 s 000
OFFICERIMEMBER EXCLUDED?
E.L. DISEASE - EA EMPLOYEE $
500,
If yes, ar,sr� t)e under
SPECIAL PROVISIONS below
E.L. DISEASE - POI IGY LIMIT $
500
Leased Equipment 03/31/2010 03/31/2011
$100,000 Limit
0
2% Deductible
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
dditional insured applies per attached blanket Form #NF25852a (09/09), #NF25853 (10/08) and
QA -9V74 (12/94). Waiver of Subrogation applies per attached blanket Form #NF25864a (09/09).
5 0r- project aggregate applies per attached blanket Form #CC2503 03 97.
City of Spokane Valley
CenterPlace
2426 N Discovery Place
Spokane Valley, WA 99216
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILk ENDEAVOR TO MAIL
O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS ACIENTS OR REPRESENTATIVES.
AUTHORIZED REPRE$ENTATIVE —f N
ACORD 25 pooij08) FAX: 509.6$$.0188 OACORD CORPORATION 1088
CONOVER INSURANCE Fax: Nov 11 2010 11:49am P002 /011
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 SUBROdATION 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 endorsament(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does riot 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.
ACURD 26 (2001108)
CONOVER INSURANCE Fax: Nov 11 2010 11 :50am PO06 /011
ADDITIONAL INSURED ENDORSEMENT
PRODUOTSICOMPLETED OPERATIONS
Namur Wumd
MOM mem Number
Hite Crane &Rigging, Inc-
1 Symbol
Pokey Number
Parley Period
Effkfim On% col nt wwY eM
PMG
023W129 -002
t)3139i70 to 03131/11
03 /31><10
Issow BY (Name of Inewanra pang)
Illinois Union Insurance Company
inm me pa cy numaer. Ti* r msinder of the kftrn anon fa f4 ee oarripl*W only when this andomwd i* imued %ffimquanf oa the pnpoWo col the pol ;oy.
THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following: .
COMMERCiAL GENERAL LIABiLiTY POLICY PORM C00001 (10101)
Section 11 —Who is an Insured
A. Section 11 (Who is an Insured) is amended to include as an additional insured any person or organization for
whom the Named Insured has performed operations, but only when that Named Insured has agreed in writing
and/or is required by written contract to name such person or organzation as an additional insured on its
policy. 'Such person or organization is an additional insured only with respect to liability for "bodily Injurjr or
"property damage! that is directly caused by the Named Insured's performance of its wont 'for the Additional
Insured and included in the "products completed operMons hazard', and only if the agreement or contract
was evidenced by a written document executed before the 'occurrence' first took place.
B. If, however, the Nimed Insured is .required by such written contract or agreement to olxtatin specific numbered
editions,of 180 additional insured endorsements specified in B.1.or 8.2_, below, orto agree to specific terms
as specified In 8.3.or 5.4., below; Paragraph A-above is amended by deleting the second (final) sentence and
replacing it with the following sentence that is applicable to the contract or agreement:
I. Contracts requiring 2004 180 Porm: If such contract or agreement requires the Named Insured to
obtain an ISO Additional Insured endorsement with an edition date of July, 2004 (712004), such person or
organization is an additional, insured only with respect to liabilky for "bodily injury" or "property damagV
that is only with respect to liability for "bodily injury' or "property damage" that is caused in whole or in part
by the Named Insured's performance of Its work for the additional insured and Included in `the "products
completed operations hazard"; and only If the agreement. or 'contr t was evidenced by a ' written
document executed before the 'occurrence' first took place.
2. contracts requiring 2001, 1993 (or Prior) IS0 Forms: if such contract or agreement requires the
Named Insured to obtain an 180 Additional Insured endorsement with edition dates of October 2001
(10/2001) or 1993, prior, such psreon or organization is an additional Insured only with respect to iiability
for 'bodily injury' or "property damage arising out of the Named Insured's performance of its work for the
additional insured and included In the "products completed operations hazard "; and only if the agreement
or contract was evidenced by a written document executed before the "occurrence' first took place.
3. Contracts requiring the term "caused In whole or In part by the Named Insured's work": If such
contract or agreement requires the Named Insured to make a person or or9prib ition an Additional
Insured for liability caused in whole or in part by the Named Insured's work, such person or organization
is an additional Insured only with respect to liability for "bodily injury" or "property damage" caused in
whole or in part by the Named Insured's performance of Its work for the Additional Insured and included in
the 'products completed operations hazard'; and only if the agreement or contract was evidenced by a
written document executed before the "occurrence' first took place.
NF-2= (10108) Page 1 oft
CONOVER INSURANCE Fax: Nov 11 2010 11 ;50am P007 /011
4. Contracts requiring the term " arsing out of, related to, or in connection wish the Named Insured's
work'; N such oontrad or agreement r"uires the Namur lnsumd'to make a person or organization an
Additional insured for liability arising out of related to. or in connection with the Named Insured's work,
such person or organizatici n is an Additional insured only with naspect to liability for "bodily Injury' or
'property damage arising out of the Named Insured's performance of its work for the Additional insured
and included in the "products completed operations hazaerd'; and only if the agreement or ,contract was
evidenced by a written documert eycecuted before the "occurrence' first took place,
For all contracts or agreements to which neither B.1, 2, 3 or 4 applies, Paragraph A. above shall apply.
C. Unless otherwise required in the written contract or agreement with the additional insured, the coverage
provided hereunder shalt be primary and non - contributory only with respect to the Additional Insured's liability
for "bodily Injury' or 'property damage' caused solely by the Named Insured's ads or omissions In the
performance of its work for the additional insured and included in th&'produets completed operations hazard.'
D, With respect to the insurance provided to Additional insureds, the following exclusions are added to the
policy:
This endorsement does not apply to:
1, Bodily injury' or "property damage arising from the Named Insured's performance of "ongoing
operations" for the Additional Insured;
2. ",Bodily injury' or'propetty damage" arising out of the rendering of, or failure to render, any professional
architectilrai, engineering or surveying services, including:
a. The preparing, approving, or failing, to prepare or approve maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
b. Supervisory, inspection, architectural, or engineering activities.
3. "Bodily injuy or "property damage" occurring before:
a, All of the worts on the project to be performed by Named Insured on behalf of the Additional Insured
has been completed; or
b. That portion of the work performed by the Named Insured, out of which the °`bodily injury' or "properly
damage arises, his been put to its intended use by any person or organization other than another
contractor or subcontractor engaged in performing operations fear s principal as 's part of the same
pray; or
c. The Named insured completes delivery, andfor assembly of equipment at the'project sKa pursuarA to
the terms of a bare lease agreement; or
d. Or' during the assembly of the Named Insured's equipment at the project affn, If the work to be
performed by the Named Insured on behalf of the Additional Insured, is limited to the rental of
equipment must be set up or assembled at the project site.
L The following definition is added to the policy:
"Ongoing operatione mans operations during that period of time in which the Named Insured is actively
Performing work or operations on the construction project or in preparation for work on the construction
project. That period of time commences when the Named Insured actively begins work to fulfill its contractual
obligations. and ends at the time when the Named Insured completes its work operations on the construction
pied
All ether terms and conditions of the policy remain unchanged.
Authorised Agent
NF -28853 (10108) Page 2 of 2
CONOVER INSURANCE Fax:
ADDITIONAL INSURED -
DESIGNATED PERSONS OR ORGANIZATIONS
Nov 11 2010 11:51am /`008 /011
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY_
This endorsement modifies insurance provided under the following:
BUSINESS AUTO POLICY
TRUCKERS POLICY
GARAGE, POLICY
Additional Insured(s):
By written contract prior to the date of loss.
A. For a covered "butch" Who Is Insured is changed to include as an "insured," the persons or organiza-
tions named in this endorsement. However, these persons or organizations are an "insured" only for
"bodily injury" or "property damage'° resulting from acts of omissions of:
1. You.
2.',Any of your employees or agents.
3.,Any person operating a covered "auto" with permission from You, any of your employees or
agents.
B. The persons or organizations named in this endorsement are not liable for payment of your premium.
IAA -9U74 (I 2194) Pdt_ In U.S.A. Page I of f
Insert the policy number: The remainder of the information is to be completed only when this andorsement is issued subsequent to the preparation of the policy.
CONOVER INSURANCE Fax: Nov 11 2010 11:51am P009 /011
LIMITED WAIVER OF TRANSFER OF RIGHTS AGAINST OTHERS TO US
Named Insured
Hite Crane & Rigging, Inc. tit Gary Hite
Ermk mgnt Nun*w
Policy Symbul
P4r�'Mumt}er
Pallas!
Efi dive Date of Endaracment
PMG
' G2389d -
)3131 to 03/3/111
03!31M fl.
IssuedPry V
Illinois Union Insurance Company
Insert the polley number. The rermladar of the Inrolmallon Is to be 00nVIeW a* when WS Mormllel t Is MUM sR"equcht to the pmpardon ofthe polW,
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT+C,s:"<AREFULLY.
This endorsement modifies insu provided under the following.
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Condition 8 of SECTION IV — CONDITIONS is amended to add the following:
We waive any right of recovery we have against persons or organtzations because of payments we make for
'bodily injury' or "property damage' arising out of the Named Insured's 'Ongoing Operations' or operations
Included In the "product completed operations hazard," twt only if the Named Insured has agreed in writing or is
required by written contract to waive all subrogation rights of recovery against such person or organization.
However, where the Named Insured has algrood in writing or a written contract to more extensive rights of
recovery than that describeld In this endorsement, the broader rights of recovery spec6d In the contract shall
prevail over the terms in this endorsement.
Notwithstanding anything to the conttaty above, this endorsement applies only if the agreement; or contract was
evidenced in s written document Mouted tl'erore the "occurrence" first took plate.
The following definition applies to this endorsement;
°Ongoing operations' means operations performed during that period of time in which any insured is actively
perforating work or operations on the constwotion project or in preparation for work on the construction project.
That period Df time commences when the insured acllvely begins work to fulfill its contractual obligations, and
ends when their'contract al obligations have Nett fulfilled.
All other terms and conditions of the policy remain unchanged_
Authorized Raprosentative
NF-25864a (09/09) Includes oopynghted material of Insurance Somme Offtoe, Inc., with its permission. Page 1 of 1
CONOVER INSURANCE
se i
COMMERCIAL GENERAL L.IAWLITY
C.'Q 25 13 03 $7
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This wiclomamW modifies insurance provided under the fdllowing:
COMMERCIAL, GENERAL LIABILITY COVERAGE PART
SCHEDULE
DesWriated fiction Prajeats: AIR Nods
(If no entry appears abOVO, inn required to 00
as applicable to this endorserrreol.)
A. For all suns which ft insured beoames lcgdty
obltKftd to pay u darnMes owused by 'oddur-
rermW under COVERAGE A (SECTION 1), .and
for. all medical eVensts caused by accidents
s
under COVERAGE C (SECTION 1), which ors be
attributed onty to Ongoing operations at a single
designated won project shown in the
Schedule above
1. A sepanate.'Desipnsted Conswdon Pra}ed
General AgWagate Limit applieS to each dw
Ignated construction pMect and *& limit is
dal to the amount of ft General ARgm9ate
Unit shown in the Declarations.
2. The nesoubd C&*mctton Project C*nwW
AZMNWe UIn1t is the rnast we will pay for the
sum of all damages under COVI RAGE A.
w=0 dart" because of'boddy iNurf or
*pn3per4r damage inctuded in the 'productsµ
oornpt+ated'operations hazard', and for medi-
cal eqmnam under COVERAGF- C regard-
Was of the number of:
a. Insureds:
b. Claims made or 'sum' brought} or
c. Persons or orgy i ' making claims or
bringing "sum ".
3. Any paymera made under COVERAGE A for
dwages or under COVERAGE C far medk*
QWWft shall reduco the Designated Con -
strud on Project Gemmall Aggregate limit for
that dosignWed comtruabon projeaL Such
payments shall not reduce the G&wW Ag-
gragata Elitist shorn in the DeaWaftons nor
shall they reduce any other IIp Con -
struction Prq*0 Genaaial A Urnit for
any other oo . n pn4ed
sham in the Schedule abova-
4. The limb shown in the Declaratiorm for EW4
0=rronce, Fire Dwnage and Medical Ex
pie continue to apply. However. instead of
being sulajeCt to the General Aggimpts Limit
shown in the Declardorm, such limps will be
subject to the applicable Designated Con-
str►lcflon Pitied General Aggmpte I.J mit_
B. For all sums which the Insured becomes legally
obligated to pay as dams caused by 'cccur-
rsnoW under COVERAGE A (SECTION 1), and
for all medical w4enses caused' by eocidents
under COVERAGE C (SECTION 1), which cannot
be attributed only to ongoing oper46n s 'at a sin-
gle dea'rgnaind oonstrvc;lion .project shown in the
Schedule abovre:
1. Any pwmems made under COVERAGIR A for
damages or under COVERAGE C for modicai
expanses shall reduce the amount available
ur4r the general' Aggregate Limit or the
Products-CompieW Operations Aggreggft
Lirnit, whl ~ is 'applicable, and
2. Such paWnents shall riot roduft aM DWg-
nabed Constriction Rcied Genered Aggre-
gate I_imlt,
Fax: Nov 112010 11:51am P010 /011
CONOVER INSURANCE Fax:
D: if the applicable deslpnated construction psaject
has been abandoned, dityed, or abandoned
and then restarted, or if She authwizW conbW-
inp partk a deviate . Prom plans, blueprints, d&
suns, spe6ftmbons or t1motables, the prc W gill
still be deemed to be the same cm, iMa i
project.
Nov 11 2010 11:52am P011 /011
E. The provlaions of Lbnb of Insut (SECTION
111) not otlfx+ Wss wdlfisd by this emdormnent
"I corrtinue to app as stipulated.
+.. • . 1990 CG 25 03 03
CONOVER INSURANCE Fax; Nov 11 2010 11 ;49am P003 /011
ADDITIONAL INURED ENDORSEMENT-
. ONGOING OPERAT10148
Named Inwntl
Hite Grane & Rigging, Inc. 1 0/0 GM Hi
Endon"MW Number
PQ11;y symbol
Policy Number
Porky N&d
Efres�ve Date d Endareement
PMG
"ME
0235941 - 002
03131J1
ry (Mme bf insunwa cmpa 1St
Illinois Union Irnsura cA Company
Ineeel the 04 riumbar. The remainder aftha Infnmtg6M isto be mmpleled anly when He andom n W k i swetl Ltiksciuenl to tha prepaietion ofthe pair.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the fallowing:
COMMERCIAL GENERAL [JABILITY COVERAGE CORM (CG 40 01 10 01)
SECTION I1— WHO IS AN INS
A. SECTION It "0 IS AN INSURED) is amended to include as an ,Additional Insured any person or
organization for whom the Named Insured is performing operations, but only when that Named Insured has
agreed in writing andfor is required by written contract to name such person or anganization as an Additional
insured an its. policy. Such person or organization is an additional insured only with respect to the Additional
insured's liability for 'bodily injury" or "property damageA directly caused by the Named Insured's act or
onTisslons in the performance of Its 'ongoing operations' for the Additional Insured, and only if the agreement
or contract was evidenced by a written documard executed before the "occurrence" first took place.
B. If, however, the Named Insured is required by such written contract or agreemsntto obtain specific numbered
editions of 160 Additiona) Insured endorsements specified in 5.1.or 8.2., below; or to agree to specific, terms
as specified In BAor 8.4., below; Paragraph A above is amended by deleting the second (final) sentence and
replaring it wish the follo ing sentence that is applicable to the contract or agreement:
1. Conttracts requiring 2004 160 Form: If such contract or agreement requires the Named Insured to
obtain in ISO Additional Insured endorsementwith an edition date of July, 21104 (712004), such pamn or
organization is an Additional insured only with respect to liability for "bodily injury' or `property damage°
that is caused in whole or Iii part by the Named Insured's performance of "ongoing operat for the
Additional insured; and only if the agreement or contract was evidenced by a wrt"tten document executed
before the "DocurreneW first tools pl ace.
2_ Contracts requiring 2001, 1993 (or Prior) ISO Forms: If such contract or agreement requires the
Named Insured to obtain an ISO Additional insured endorsomerd with edition dates of October 2001
(10P 001) or 1993, or prior, such person or argsrnization is an Additional insured only with respect to
liability for 'bodily Injury" or 'property damage" arising out of the Named Insured's performance of
nortgoing operations° for the Additional insured; anti only if the agreement or contract was evidenced by e
written document executed befo the u occurfence' first, took place,
3. Contracts requiring the term "caused in w h o le or in part by the Named Insured's work If such
contract or agreement requires the Named Insured to make a person or organ"tion an Additional
Insured for liability caused in whole or in part by the Named Insured's work such person or organization
Is an Additional Insured only with respect to liability for `bodily Injury" o "property damage" caused In
whole or in part by the Named Insured's performance of "ongoing aperutiorts' for the Additional Insured;
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CONOVER INSURANCE Fax; Nov 11 2010 11 ;49am P004/011
and only if the agreement or contract was evidenced by a written document executed before the
'Occurrence' first took place.
4. Contracts requiring the term "arising out of, related ta, or In connection vrith the Named Insured's
work ": If such aontraet or agreement requires the Named Insured to make a person or organization an
Additional Insured, for liability arising .out of, related to, or In conneollon with the Named Insured's work,
such person or organization is an Additional Insured only with respect to liability far "bodily injury" or
{ property damages arising out of the Named Insured's performance of "ongoing operations° for the
Additional Insured; and only if the agreement or contract was evidenced by a written document executed
before the 'occurrence' first took place.
For all contracts or agreements to which neither B. 1, 2, 3 or 4 applies, Paragraph A. above shall apply.
C. Unless otherwise required In the written contract or agreement With the Additional Insured, the coverage
provided hereunder shall be primary and non - contributory only with aspect to the additional insureds liability
far `bodily injury' or "property darnage" paused solely by the Named Insureds acts or omissions in the
performance of its 'ongoing operations' for the addltinnal insured.
D. With respect to the insumnue provided to Additional Insureds, the following exclusions arc added to the
policy:
This insurance dries not apply W:
i. "bodily injury" or "property damage" included in or arising out of the "products completed operations
hazard.'
2. 'Bodily injure or "property damage" arising out of the rendering of, or failure to render, any professional
architectuml, engineering or surveying services, Including;
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports,
surveys, field orders, orange orders or drawings and specifications; or
b. Supervisory, inspection, architectural, or engineering activities;
3. "Bodily injury" or "property damage' occurring efter:
a. All of the woM on the project to be parFarmad by the Named insured ou behalf of the Additional
Insured has been completed; or
b. That portion of the work performed by the Named Insured, out of which the "bodily injurf or' property
damage° arises, has been put to its intended use by any person or organization other than another
rlontractor or subcontractor engaged in performing operations far a principal as part of the same
project; or
c. The Named insured completes delivery, and/or a3ssem* of equipment at the project site pursuant to
the terms of a bare lease agreement; or
d. The Named Insured's equipment has been assembled at the projr3a site, if the work to be performed
by the Famed Insured on behalf of the Additional Insured, is limited to the rental of equipment that
must be s+et up or assembled at the project site. This exclusion does not apply to liability caused by
the Named Insured's acts or omissioris during floe disassembly of the equipment.
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CONOVER INSURANCE Fax: Nov 11 2010 11:50am P005 /011
E. As used in this Endorsement, the following definilaon is added to the policy:
'Ongoing operationa° means operations during that period of time in which the Named Insured is edirrcly
performing work or operations on the Construction project or in preparation for work on the
aanstruotion project. That period of time wirnmencss when the Named Insured actively begins work
to fu1611 its contractual obligations, snd ends at the time when the Named Insured completes its work
operations on the construction project_
All other terms and conditions of the policy remain unchanged.
Authorized Representative -
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