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08-006.00 Timberland Landscaping: University Fairview Site Distance Improvements40083 University/Fairvinv Site Distance Improvw=ts AGREEMENT FOR CONSTRUCTION SERVICES TI AHERLAND LANDSCAPYNG, INC. CONSTRUCTION SERVICES- UNIVFRSITY/FAIRVLEW SITE -T)ISTANCE h-APROVDMENTS CONTRACT #07 -024 THIS AGRFEIVLENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Timberland Landscaping, 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 University/Fairview Site Distance Improvement Project (hereinafter "work ") in accordance with, and as described in University/Fairview Site - Distance Improvements Plans and Specifications, and 2006 Standard Specifications for Road, Bridge and Municipal Construction of the Washington State Department of Transportation, Attached as Exhibit l and which are 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 work, 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 performaneeunder this agreement. Unless otherwise directed by the City, all work shall be performed in confonuance with the Contract Plans, Contract Documents, City and State standards. Contractor acknowledges review ofthe 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 completion of all contractual requirements has been met OR June 1, 2007. The City may terminate this agreement by ten (10) 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: Contract 407 -024 Agr umt for Con.glmctioa Savice,- Timberland Landscaping, Ina Page I of6 C0$ -06 40083 Univeasity/Fairview she Distance improvunents a fee of $4,371.15 for the work, 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 besett 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 judg=ment of the City Manager, to be noncompliant with the Contract Plans, Contract Documents, or City or State standards. Notice. Notice shall be given in writing as follows: TO THE �iTY: Name: Christine Bainbridge, City Clerk Phone Number: (509) 921 -1000 Address: 11707 East Sprague Ave., Suite 106 Spokane Valley, WA 99206 TO THT CONTRACTOR: `lam Name: Roy Crocker PhoneNumber: (509) 8924025 Mobil: Address: N. 1104 Stanley Spokane, WA 99212 6. Applicable Laws and Strindards. 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. PreyailinE! 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 that is set forth in an Exhibit to this agreement. 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, speci[ications, 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 RCM 42.56 or other applicable public record laws. Contract 407 -024 Agreement fur Constnietion Sewices- 'timberland Landscaping, Ina Paget of r 0 90083 Univeisity/Fairview Sitc i)istancc Impror•aments 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 snake 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. H. Warrantv. Unless provided otherwise in the Contract Plans or ContractDocuments, Contractor ware ants 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, Nvhich 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 He 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 oonnect-ion 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. MinintwnScopeoflnsurance. 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 C0 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 CC, 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. ATinimum Amounts of Insurance. Contractor shall maintain the following insurance Agmment for ConmetDn Services Page 3 of 6 • . #0083 Universitytrtitview Sitc Distance Improvatients lim its: 1. Autombile 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 operations aggregate limit. C. Other Insurance Provisi0ns. 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 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 cenified 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:V11. 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, loss 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 R-QW 4.21.115, 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 hercinconsti!tutes the Contractor's waiver of immunity under Industrial insurance. Title 51 RCW, solely for the purposes of this indemnification. Agreement for Construct'Un Services Page 4 of 6 0 40083 University/Fairvim Site Distance lmprovcments 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 behalfofeither 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. 16. AssiLmment 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 Amerium 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 resister with the City as a business: 22. Severability. if any section, sentence, clause or phrase of this agreement should beheld to be invalid for any reason by a court ofcompetent jurisdiction, such invalidity shall not affect the,,-ilidity ofany 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. ` IN V4r[TN' SS VlrlIrRrOF, die parties have executed this agreement this day of 2007. CITZ OF SPOKANE VALLEY: CONTRACTOR: / AIL- Constmctbn Services Page 5 of 6 #0083 University/Fairview Site Distance Improvements City Manager Owner REDACTED Tax I.D. No.: APPROVED AS TO FORM: O ice of tq 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 redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Agreement for Construction Services Page 6 of 6 .40083 UnNatsityWairview Site Distance lmpn cmvtts pavo 1 or 1 `ov. 30.2077 Consounion Contmc[ 907 -M4 s � jUalley' UINTWERSITY /FAtIZVIEW SITE - DISTANCE IMPROVEMENTS Proiect #0083 Contract #07 -24 Specifications. Specifications for this project are comprised of the following two components: 1. The "2006 Standard Specifications for Road, Bridge and Municipal Construction" as promulgated jointly by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter, referred to as the "Standard Specifications ". 2. WSDOT Amendments to the "Standard Specifications ". Scope of Work. This work includes: removal and disposal of one (1) tree; excavation, including haul, of approximately twenty (20) cubic yards of material; slope grading; 2" topsoil (5cy), hydroseed of approximately ninety (90) square yards of embankment; saw cut, remove and dispose of approximately eight (8) linear feet of 32" concrete walkway; and submit a traffic control plan. The project is located at south-east corner of University Road and Fairview Avenue. The project begins approximately ninety -one (91) feet south of the south curb line of Fairview and continues north to match the existing end of curb at the south end of radius. The project will be bid lump sum. Contract time shall begin with the issuance of the Notice: to Proceed. A total of five (5) working days will be allowed for this project. See Attachments "A" and "F3 ". 0 0 I tt I \\ o un I EXST. C RB FAIRVIEW AVENUE a F APPROX. ROW — — — I I TREE TO BEI REMOVED O _L 0 r i of SAWCUT �� ��/m/777/ I EXST. WALK _ —� I I �I ' ac I I W Z L' D I I I AREA TO BE SLOPED AT 4:1, 2 TOPSOIL I AND HYDROSEEDED I0 o 01 iu N u 0 0I �o I of I ' Iw w I EXST. TOE OF SLOPE . I I I I EXHIBIT 'A' I m University /Fairview Site Plan �l Site Distance Improvements ey - CITY OF SPOKANE VALLEY Scale: DATE: 10 /0-/ PUBLIC WORKS NTS D%VC BY: PCF 1936 1932 3 +14 -z0 1936 19321 L -zo 1936 1932 -20 1936 1932 1936 1932 0 20 40 3 +00 1936 1932 0 20 40 2+85 0 20 40 2 +75 1936 1932 1936 1932 -20 0 20 40 2 +58 1936 1932 -20 0 20 40 2 +50 1936 1932 1936 1932 1936 1932 -20 0 20 40 2 +47 1936 1932 — ts36 1 � / 1932 -20 0 20 40 NOTE: SLOPE 4:1, BEGIN AT EXST. TOE OF SLOPE EXHIBIT 'B' T I0 University /Fairview Begin Project Sta. = 2 +42 Site Distance Improvements End Project Sta. = 3 +14 j V iley Scale: CITY OF SPOr<ANE VALLEY �� (SCL of Fairview = Sta. 3 +33) DATE: 10/07 PUBLIC WORKS D%VG BY: PCF AGORQ CER ICATE OF LIABILITY INSURANCE DATE (MMIDI)JYYYY) 12/27/2007 KlODUCER (509)838 -6848 FAX (509)838 -7024 ISU- Connor & Kelly 400 S Jefferson, Suite 408 Spokane, WA 99204 -3144 THIS CERTIFICATE IS ISSUED AS 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 NAIC # INSURED Timberland Landscaping Const Inc. Box 11634 Spokane, WA 99211 INSURERA: Continental Western Insurance Co POLICY EFFECTIVE INSURER B: LIMITS INSURER C: INSURER D: CNP2511569 INSURER E: 04/22/2008 rr%v=0Ar FR 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. INSR A001 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY CNP2511569 04/22/2007 04/22/2008 EACH OCCURRENCE S 1,000,000. X C0.WdERC1AL GENERAL LIABILITY OR AMAGE TO RENTED $ 2 SO , 00 CLAIMS MADE [fl OCCUR MED EXP IArv/ano porson) $ 5,00 A PERSONAL & ADV INJURY $ 1,000,00C GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS - COMPIOP AGG $ 2,000,00 POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED GYGLE LIMIT $ X ANY AUTO (Ea eaddandon t) 1,000,000 BODILY INJURY S ALL OWNED AUTOS SCHEDULED AMOS CNP2511S68 04/22/2007 04/22/2008 (Plef po—n) A 8001Y INJURY b HIRED AUTOS NON - OWNED AUTOS (Pef seddent) PROPERTY DAMAGE S (Per accident► GARAGE LIABIUTY AUTO ONLY - EA ACCIDENT b OTHER THAN EA ACC S ANY AUTO b AUTO ONLY: AGO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE b OCCUR F] CLAIMS MADE AGGREGATE b b b DEDMCTIBLE S RETENTION S r%&(X1 XX0XX,' WC 5� AT TH- EMPLOYERS' LIABILITY CNP2511568 04/22/2007 04/22/2008 E.L. EACH ACCIDENT b 1,000,00( A ANY PROPRIETOWPARTNERIEXECUTIVE E.L. DISEASE- EA EMPLOYE S 1,000,00( OFFICEWMEMBER EXCLUDED? It es- desalbo under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1 000 00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: CONTRACT 07 -024 UNIVERSITY /FAIRVIEW SITE DISTANCE IMPROVEMENTS RTIFICATE HOLDER NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR WITH RESPECT ORK PERFORMED BY NAMED INSURED; ATTACHED FORMS CLC00020 AND CLCG2014 APPLY PER ONTRACTUAL REQUIREMENT CITY OF SPOKANE VALLEY ATTN: CHRISTINE BAINBRIDGE 11707 E SPRAGUE #106 SPOKANE VALLEY. WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WtLLENDEAVOR TO MAIL 30 DAYS WRRTEN 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 AGENTS OR REPRESENTATIVES, 'H�Mdh REPRESENt -TATIV§§ 7A I . _ - `-ic 4--z w i. _1 r� ACORD 25 (2001108) ( j OACORD CORPORATION 1988 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 after the coverage afforded by the policies listed thereon. ACORD 25 (2001108) THISIN DORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to "bodily injury' and "property damage' caused, in whole or in part, by "your worts" at locations specified in the written contract or agreement and included in the "products- completed operations hazard ". With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury' or "property damage" that occurs prior to the execution of, or subsequent to the expiration of, the contract or agreement in which you agreed that such person or organization be added as an additional insured on your policy. CL CG 20 14 01 07 Includes copyrighted material of Insurance Services Page 1 of 1 Offices, Inc., with its permission Contractors' General Liability Enhancement • Endorsement Overview CL CG 00 20 Coverage Comments Premises Medical Payments Limit of Insurance Increased to $10,000. Fire Legal Liability Limit of Insurance increased to $300,000. Sprinkler leakage Is added as a cause of loss. Non -Owned Watercraft Watercraft length increased from 26 feet to 51 feet. Bail bond limit increased to $2,500. Supplementary Payments Loss of earnings increased to 5500 per day. Automatic for: • Manager or Lessor of Premises Additional Insured Status 0 Lessor of Leased Equipment (When Required by Contract) . State or Political Subdivision • Owners, Lessees or Contractors (Primary & Non- Contributory) Coverage provided for tools or equipment loaned to the insured Property Damage To Borrowed Equipment provided they are not being used to perform operations at the time of the loss. S15,000 provided with a $250 deductible. If no other insurance available, any organization that insured Broadened Named Insured owns or has majority interest Is an Insured. Coverage applies for 180 days. Aggregate Umits of Insurance The General Aggregate Limit applies separately to each Single Construction Project. Rights not prejudiced if CWG not notified immediately. Knowledge of Occurrence If first reported to insured's work comp carrier, we are on notice of claim if it later develops in to a liability loss. Unintentional Omissions Will not deny coverage if insured fails to disclose all exposures. Mental Anguish Mental anguish is included in the definition of 'bodily injury". Waiver of Transfer of Rights of Recovery Against Others Blanket waiver included. $100,000 of pollution coverage provided at a job site where the Limited Job Site Pollution insured is performing operations if the pollutant is brought to the jobsite by the Insured. The exclusion still applies to the release of pollutants from an underground or underwater storage tank. Other Insurance Coverage forms or endorsements that provide similar coverage take precedence over enhancement endorsement. CWG. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I – COVERAGE C MEDICAL PAY- MENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREM- ISES YOU RENT If damage to premises rented to you under Cov- erage A. is not otherwise excluded from this poi; /, �. icy, the following applies: t_-' 1. The last paragraph of SECTION I – COV- ERAGE A.2. Exclusions is deleted and re=., placed by the following: 2. Exclusions c. through n. do .riot apply to damage by fire, lightning, explosion or�sprm -e kler leakage to premises while, rented to your or temporarily occupied by" you with,' permission of the owner. A separate limit;of Insurance applies to,;this coverage as,'de- scribed in SECTION' "III — LIMITS OF IN- SURANCE. " Paragraph 6.•of SECTION`III LIMITS OF INSURANCE is deleted and r ®placed by the following'- G 6. Subjecfto 5. above, the greater of " a '$300,000; or,' U J b. the Damage To Premises Rented To You'Limit shown in the Declara- tions; is the "most we will pay under COVER- AGE A for damages because of "prop- erty damage" to any one premises, while rented to you, or temporarily oc- cupied by you with the permission of the owner arising out of any one fire, light- ning, explosion or sprinkler leakage in- cident. • ✓ lS (b) That is Fire, Lightning, Explosion or Sprinkler Leakage ;insurance for prem- ises rented to you or.tem'poranly,occu- pied by you whh,the' permission ,of the owner; 4. Paragraph 9.a. of SECTION V,'– DEFINI- TIONS is deleted and replaced by the fol- lowing:, ' a. A` contract for >a .lease of premises. However', :that portion of the contract for lease of premises that indemnifies any "person` or `organization for damage by fire, lightning, explosion or sprinkler leakage,to premises while rented to you •„ ��� or temporarily occupied by you with permission of the owner is not an "in- sured contract'; • C. NON -OWNED WATERCRAFT 1. _.Paragraph g.(2) of SECTION I – COVER- AGE A.2. Exclusions is deleted and re- placed by the following: A watercraft you do not own that is: ej (a) Less than 51 feet long; and (b) Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I – SUPPLEMENTARY PAYMENTS – COVERAGES A AND B is amended as fol- lows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to $2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to $500. E. AUTOMATIC ADDITIONAL INSURED – SPECIFIED RELATIONSHIPS The following is added to Paragraph 2. of SEC- TION II - WHO IS AN INSURED: e. Any person or organization described in paragraph f. below, whom you and such person or organization have agreed in writ- ing in a contract or agreement that such per- son or organization be added as an addi- tional insured on your policy. 3. Paragraph 4.b.(1)(b) Other Insurance of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and re- placed by the following: CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 8 • Such person or organization is an insured provided: (1) The written or oral contract or agree- ment is: (a) Currently in effect or becomes effec- tive during the policy period; and (b) Executed prior to an "occurrence" or offense to which this insurance would apply. (2) They are not specifically designated as an additional insured under any other provision of, or endorsement added to, this policy. f. Only the following persons or organizations are additional insureds under this endorse- ment, and coverage provided to such addi- tional insureds is limited as provided herein: (1) The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construe`' tion or demolition operations ,per- formed by or on behalf of the man- ager or lessor. . ', ~ (2) Any person or organization. from whom you lease equipment, but'only with re- spect to liability for "bodily injury,, "'prop -", erty damage" or "personal and'advertis- ing injury" caused, in,,Mible or in.part, by your maintenance;'operation or use, -of equipment leased, to you''by sucl'vper- son(s) or organization(s). However,.this insurance does not apply to any . "occurrence" which' takes place after the equipment lease'expires. (3) Any state oFpoliticatsubdivision, subject to the following additional provision: I U V y This-insurance applies only with respect to the following hazards for which the state or„ political subdivision has issued .a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, cano- pies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decora- tions and similar exposures; or (b) The construction, erection, or re- moval of elevators; or • (c) The ownership, maintenance, or use of any elevators. F. ADDITIONAL INSURED — OWNERS, LES- SEES OR CONTRACTORS — AUTOMATIC STATUS 1. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or organization is an additional .insured only with respect to liability 1for, "bodily injury", "property damage" Lori "personal andladver- tising Injury" caused, in whole or, ig,part, by: a. Your acts or omissions; b. The,acts or omissions of those acting on your behalf -,`, in the perfor nance�of your ongoing opera - tibns,for the additional insured. A person's or organization's status as an additlo al insured under this policy ends 'Y -,when your operations for that additional in- ured are °completed. With respect to the insurance afforded to ',,these additional insureds, the following addi- tional exclusions apply: "This insurance does not apply to: a. "Bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, in- cluding: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, sur- veys, field orders, change orders or drawings and specifications; or (2) Supervisory, Inspection, architec- tural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connec- tion with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered opera- tions has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing op- CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 2 of 8 Office. Inc., with its peanissbon erations for a principal as a part of the same project. !} V �J 7 JJ b ` J ✓ �i ✓ v �L) G� m G o jGJ r u 6 G a '1 i �• � j • t� c a d •s _�� :? J ,ry V'v G e •� 4� J J � LIV V` ✓d � a v U , � U G v � J \v h l� 1 t1 O J � U y V v \ v u "c� U uy CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 3 of 8 Office. Inc., with its permission • 3. The insurance provided by this endorsement is primary insurance and we will not seek contribution under any insurance policy un- der which such additional insured is a named insured, if such policy was procured and paid for by such additional insured, or a parent or related entity of such additional in- sured. 4. With respect to the insurance afforded to these additional insureds, SECTION III — LIMITS OF INSURANCE is amended as fol- lows: The limits applicable to the additional in- sured are those specified in the written con- tract or agreement or the limits stated in the Declarations, whichever is less. If no limits are specified in the written contract or agreement, the limits applicable to the addi- tional insured are those specified in the Dec- larations. The limits of insurance are inclu- sive of and not in addition to the limits of in- surance shown in the Declarations. G. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. Paragraph 2.j. of SECTION I - COVER- AGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: • c. We may pay any part or all of the de- ductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall promptly reimburse us for such part of the de- ductible amount as we have paid. H. BROADENED NAMED INSURED Paragraph 3. of SECTION II - WHO IS AN IN- SURED is deleted and replaced by the follow- ing: Any organization, other than a joini venture, over which you maintain ownership or majority inter- est of more than 50% will be a Named Insured if there is no other similarinsurance'available to that organization. However: ; a. Coverage under this provision. is.`afforded only until the 180th day after you acquire or form the organization or the end of the pol- icy period; whichever is earlier. b. COVERAGE A does not`apply to "bodily in- jury' or "property damage" that occurred be- fore, y_ou, acquired or formed the organiza- tion. " c. 'COVERAGE B does not apply to "personal and advertising injury" arising out of an of- .'fense committed before you acquired or 1. v ,'form0l,the organization. Paragraphs (3) and (4) of this exclusion do "" U I. CONSTRUCTION PROJECT GENERAL not apply to tools or equipment loaned, to GREGATE LIMIT you, provided they are not being used'to 1. "For all sums which the insured becomes perform operations at the time of loss. '� ,� ' legally obligated to pay as damages caused 2. SECTION III — LIMITS OF INSURANCE is J °� by 'occurrences" under COVERAGE A deleted and replaced by the following: , ��� (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C The most we will pay in'an'y "one ;occur-,; (SECTION 1), which can be attributed only to rence" for "property damage" to "borrowedo" ongoing operations at a single construction equipment is $15,000. This limit of,insu(= project away from premises owned by or ance is the most we Will pay regardless' of rented to the insured: the number of: a. Insureds; ., b. Claims made or "suits" brought; or c. Persons or organizations- making claims or bringing :suits ". ''a 3. Deductible a:. Our'obligation'to pay damages on be- half; 'of the insured applies only to the amount of damages in excess of $250 'as applicable to "property damage" as the-result of any one "occurrence ", re- gardless of the number of persons or organizations who sustain damages be- cause of that "occurrence ". a. A Single Construction Project General Aggregate Limit applies to each con- struction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. b. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COV- ERAGE A, except damages because of "bodily injury" or 'property damage" in- cluded in the "products - completed op- erations hazard ", and for medical ex- penses under COVERAGE C regard- less of the number of: b. The terms of this insurance, including (1) Insureds; those with respect to our right and duty to defend the insured against any "suits' (2) Claims made or "suits" brought; or seeking those damages; and your duties (3) Persons or organizations making in the event of an "occurrence ", claim, or claims or brin In suits ". °suit" apply irrespective of the applica- g g " lion of the deductible amount. CL CG 00 20 03 07 Includes copyrighted matorial of Insurance Services Page 4 of 8 Office, Inc., with its permission • C. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Ag- gregate Limit for that construction pro- sect away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construc- tion Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. d. The limits shown in the Declarations for Each Occurrence, Fire Damage 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 Single Construction Project General Aggregate Limit. • J. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. A report of an "occurrence ", offense, claim or "suit" to: (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer,-:4-you you are a corporation, or (4) A manager, if you-'are a ,limited °liability company; u is considered kriowledge andjequires you to notify us of the "occurrence ", offense, claim, or "suit`as soon as practicable. f. We are'. considered on' notice of an "occurrence ", offenseocIbim or °suit" that is 2. For all sums which the insured becomes reported td'-our 'Workers' Compensation legally obligated i a as damages caused insurer for an', event which later develops g y g pay g into;an "occurrence". offense, claim or "suit" by "occurrences" under COVERAGE A r, .for which there is coverage under this policy. (SECTION 1), and for all medical expenses However, we will only be considered on caused by accidents under COVERAGE C "J notice if you notify us as soon as you know (SECTION 1), which cannot be attributed J -.the claim should be addressed by this policy only to ongoing operations at a single des- rathere` than your Workers' Compensation ignated construction project away from olio p Y premises owned by or rented to the insured:,', . a K. UNINTENTIONAL OMISSIONS a. Any payments made under COVERAGE A for damages or under COVERAGE C, J, r -The following is added to paragraph 6. Repre- for medical expenses shall reduce the"', � sentations of SECTION IV - COMMERCIAL amount available under the General An- '�� GENERAL LIABILITY CONDITIONS: Cregate Limit or the.'. 'Products- ompleted Operations Aggregatelimit,- whichever is applicable; and b. Such payments shall not reduce any" Single Construction Project General Ag- gregate Limit.. 3. When coverage for liability, arising out of the "products - completed operations, hazard" is provided, .any payments for damages be- cause of °bodily injury" or "property damage" included" iri'dhe` "products- completed opera- tions hazard will reduce the Products- L, Completed Operations'Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Ag- gregate Limit. 4. If the ,-applicable construction project away from premises owned by or rented to the in- sured ,,has been abandoned, delayed, or abandoned and then restarted, or if the au- M. thorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project 5. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. MENTAL ANGUISH Paragraph 3. of SECTION V - DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 5 of 8 Office, Inc., with its permission • We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products - completed operations hazard ". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or dam- age for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our request, the in- sured will bring "suit" or transfer those rights to us and help us enforce those rights. N. LIMITED JOB SITE POLLUTION 1. Exclusion f. under Section I — Coverage A is replaced by the following: 2. Exclusions This insurance does not apply to: f. Pollution (1) "Bodily injury" or "property dam- age" arising out of the actual, al- leged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- ants ": , C_J are brought on or to s i Z�, G G J v U f. vG '7 J G o J / (a) At or from any premises, o; 6. °0 ' site or location on which any' aU insured or any contractors or subcontractors working ., directly or indirectly-on any insured's behalf, are,' per - forming operations Jf the wVG operations are-,'to test„for1e 6 monitor, clean up,,,remove; contain, . :treat, detoxify or,/ neutralize, or in any way re spond'to, or'assess the-ef- fects of, "pollutants "; or" (b).At or from a storage tank or other container; ducts or piping which" is below or partially below the surface of the ground or water or which, at any time, has " `been,buried under the sur- face" of the ground or water .', ,sand then subsequently ex- posed by erosion, excava- tion or any other means if the actual, alleged or threatened discharge, dis- persal, seepage, migration, release or escape of "pol- lutants" arises at or from any premises, site or loca- tion which any insured or any contractors or subcon- tractors working directly or indirectly on any insured's behalf are performing op- erations if the "pollutants" CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 6 of 8 Office. Inc., with Its permission • the premises, site or loca- tion in connection with such operations by such insured, contractor or subcontractor. Subparagraph (b) does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire ". (2) Any loss, cost or expense aris- ing out of any: (a) Request, demand, order or statutory or regulatory re- quirement issued or made pursuant to any environ- mental protection or envi- ronmental liability statutes or regulations that any in- sured test for, monitor, clean up, remove, contain, treat, detox'tty or neutralize, or in any way respond to, or assess the effects of, "pol- lutants"; or (b) Claim or suit by or on behalf r� L _ J �r A �J q i1 e LSJ 1 6 .i 1 J A > G > of a governmental authority ' for damages because of u testing for, monitoring, cleaning up, removing, con - taining, treating, detoxifying or neutralizing or in any way responding to or assessing .y the effects of, "pollutants ". However, this paragraph does not apply to liability for ;those sums the insured'-becomes le gally obligated, to pay,.'as dam- ages because of "property dart age" that.'the - insured would have in -the absence of such`re- quest, 'demand; order or statu- tory, or regulatory rejuirement, or such claim or;'suit' by or on :,behalf of a govemmental au- thority.' 2. With respect'to "bodily_,'i'njury" or "property damage" arising,out of'the actual, alleged or .threatened discharge, dispersal, seepage, ',migration, release`or escape of "pollutants ": a:'-The "'Each Occurrence Limit" shown in the Declarations does not apply. b. PaMg-raph 7. of Limits Of Insurance (Section III) does not apply. c. Paragraph 1. of Section III — Limits Of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement, or in the Declarations and the rules below fix the most we will pay regardless of the number of: (1) Insureds; CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 8 • (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits ". d. The following are added to Section III — Limits Of Insurance: 8. Subject to 2. or 3. above, whichever applies, the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Cover- age C because of "bodily injury' or "prop- erty damage" arising out of the ac- tual, alleged or threatened dis- charge, dispersal, seepage, migra- tion, release or escape of "pollut- ants" is $100,000. • 9. Subject to 8. above, the Medical Expense Limit is the most we will pay under Coverage C for all medi- cal expenses because of "bodily in- jury' sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants ". O. OTHER INSURANCE If this policy includes a Coverage, Form or an Endorsement which provides, coverage for loss or damage covered by one;or more of the Ex- tensions of this endorsement, the.limit and the coverage provided by tiis endorsement are de- leted and replaced by. the limit and coverage provided by that Coverage Form' or•,Endorse- ment. v` - �il j li 4 .d to v d b /J o •�a � u � � U V ' ✓ :] U duv ` � a tJ il C) n v a vV' 4f v J U G • n� G q J U " U u J v �- q v ✓ v u CL CG 00 20 03 07 Includes copyrighted material of Insurance services Page 8 of 8 Office, Inc., with its permission