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08-103.00 Eller Corporation: Barker Improvements Boone to Spokane Riverf~ .~_ _. S~o`~kane ' Valley DEPARTMENT OF PUBLIC WORKS CHANGE ORDER TO CONSTRUCTION CONTRACT NO: 04003 PROJECT: Barker Road Improvements CONTRACT DATE: 413!2006 CONTRACTOR: Eller Corporation CHANGE ORDER N0: 11 SCHEDULE A - Barker Road Improvements -Boone Ave. to Spokane River PROJECT N0: 323679.CM SCHEDULE B - South Greenacres Sanitary Sewer Project No. 1036, Phase 2 DESCRIPTION OF CHANGES Schedule A: This Change Order No. 11 resolves a claim submitted by Acme Concrete Paving, Inc., a subcontractor to Eller Corporation, for a portion of the costs incurred to replace cracked concrete pavement panels at the intersection of Barker Road and Mission Avenue. The corrective work performed by Acme and basis for a settlement amount of $7,610.01 are described in CH2M HILL's June 6, 2008 letter (Attachment A). Total Amount of this Change Order: $ 7,610.01 SUBSTANTIAL COMPLETION Original Date: 9/6/2006 Prior to this Change Order: 9/6/2006 Including this Change Order: 916/2006 ESE CHANGES RESULT IN THE FOLLOWING ADJUSTMENTS OF CONTRACT PRICE (excluding sales tax): ORIGINAL CONTRACT AMOUNT $ 1,673,984.78 TOTAL PRIOR CHANGE ORDER AMOUNT $ (51,467.01) CONTRACT PRICE PRIOR TO THIS CHANGE ORDER (thru CO#9) $ 1,622,517.77 NET THIS CHANGE ORDER $ 7,610.01 CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 1,630,127.78 CONTRACTOR ACCEPTANCE: ~ ~~ ~ .~ J~ v DATE: g ~- 'a, Fj ' C5 g The Contiactor hereby accepts this adjuslrnenl in performance, time, and compensatcon as a final and Complete eQultahtle adjustment in full accord and satisfaction of all past present, and Suture Ilabili8es originating ur-der arty clause of the Contract by reason of the laps and Circumstances glving rise to th9s modification or by reason of the Cumulative Impact cS all previously executed modilicallons to this contract. The Contractor agrees that the price to this change order, including profit or fee, shalt be adjusted to exclude any Slgnlflcant sums b'y vAuth the City of Spokane Valley finds that such pries :vas increased because the l',ontractor-Sumished cos! or pricing data vras Inaccurate, Incomplete or not current as of the date agreed upon heriveen Use City of Spokane Va71ey and the Contrac~or. RECOMMENDED BY: C3i2MT~tILL`~enior Project Manager ACCEPTED BY: Not Applicable (Rey'd for Schedule B Changes) h4ark SSltz, Spokane County f7rojecf Ahanager APPROVED BY: DATE: '~p DATE: DATE: (~ ~ APPROVED BY: Dave PAercier, DATE: ATTACHMENTS: Attachment A - CH2M HILL June 6, 2008 letter Distrtbut~on: ORIGINALS TO: Contractor, City of Spokane Valley Clerk's Office, PW Project File COPIES TO: CH2M HILL Project Manager, CH?.M HILL Resident Observer, Spokane County P:PWlFormsfremplateslCO (Apr 06) C08-103 I) ~~ © CF~2MHILL June 6, 200$ 623679.CM Shane Arlt City of Spokane Valle}' 117071~ast Sprague Avenue, Suite 7.06 Spokane Valley, WA 99206 AT~"A~-^'-E>sT ~ GNAT "" ~ oR-o~i~. Na• I l CH2lA HILL 9 South 1N9shfnr~ton SvRe 400 Spokane, YIA 99201-370 Tel 509.464.7241 Fax 509.252.1507 Subject: Barker Road Street Improvements -Concrete Pavement Repairs Dear Shane: This letter is in response to a claim submitted b}' Eller Corporation and its subconkractor, Acme Concrete Paving, fnc., regarding repair of cracked Portland Cement Concrete (PCC) pavement panels at the intersection of Mission Avenue and Barker 17oad. 1Ne have revietived the merits of the claim and associated costs and recommend a change order to honor one half ($7,610.01) of the $15,220.02 claim. amount. Background PCC pavement panels were constructed at the intersection of ivlission Avenue a..nd Barker Road in mid-2006 (May through July 2006). Cracking was discovered at approximate Station 24+60 on June 2, 2006, in one of the first panels that was placed in late May. That cracked panel was removed and replaced by Acme on June 6, 2006, at no cost to the City. Transverse cracks in other PCC pavement panels were later discovered on September 13, 2006 at approximate Station 23+76 (affecting three panels) and at approximate Station 25+60 (affecting t~vo panels). Another crack extending from a manhole ring at approximate Station 23+09 in the southtivest quadrant of the intersection (affecting two panels) ~~as discovered at an wen later date during a punch list walk-through ca~ith Eller and the City. A long series of discussions and correspondence ensued Uehvicen Pller, Aare, CM2N( T~ii L and the City regarding the need for repairs, acceptable repair techniques, and payment for the repair work. Acme proposed to repair the cracked panels with a sealant. '1'hc proposed sealant repair technique was rejected and the contractor was directed to remove and replace the cracked panels in accordance with the specifieations. The cracked PCC pavement panels t1'ere ultimately replaced by Acme, under protest, during the last ~~'eek of August 2007. The three cracked panels at approximate Station 23+76 and the t~a'o craeked panels at approxiltiate Station 25+60 and ~~'ere repaired by sal,vcutting and removing the cracked portions of the panels and replacing them with new PCC pavement panels. 1"he twA cracked panels at approximate Station 23+09 were Shane flrlt Page 2 June 6, 2008 32367~3.CM removed and replaced in full. Dowels were installed at joints between the panels in accordance with the project drativings and specifications. `Traffic control was provided during the repair work by Northstar Enterprises. The total cast of the repair. work, as documented by Eller a.nd Acme, is $15,220.01.. Acme has asserted that the PCC pavement panel cracking was caused by traffic loads after the pavement had been opened to traffic, that the cracking is normal, and that a sealant repair technique would have been adequate. Test records sho~~~ that the concrete had achieved the specified minimum compressive strength prior to traffic being diverted onto the ne~~~ concrete pavement sections. Various paragn-aphs ~a~ithin Section 5-05.3 of the Standard Specifications state that cracks in new PCC pavement are not acceptable and specify removal and replacement as the only allowable repair technique. Recommendation In a letter to Eller, dated August 27, 2007, Acme advised that replacement panels at Station 23+76 would likely crack again clue to a sharp interior corner in one of the panels caused by a termination paint in the concrete grafter 1_ine ~~~here the curb radius begins. CH2M 1-ill.;l~ reviewed this matter and agreed that the sharp interior corner likely contributed to the cracking at that location. Acrne ~~~as directed to construct a doweled joint aligning with the gutter line termination point during the replacement work to prevent a .recurring crack at that location. Furthermore, because the original panel layout shotivn on Sheet 27 of the contract drawings did not provide a doweled joint at the gutter line termination, the cracking at that location was predictable and the repair work at that location should not be the responsibility of the contractor. The repair and replacenleni: wnrk at Station 23+76 represents approximately cane half of the total repair and replacement area. As such, CI=12M HILL recommends a change order to cc.?mpensate the contractor for 50 percent of the total $15,220.02 repair and replacement cost; an amount of $7,610.01. Sincerely, CH2vt HILL ~__~ Jim [7ingfield, PE Senior Project sViana~;er SI}K/June 6 2008 f,etter.doc ~ - ~ `- ~: Karin Rinaldi/Eller Cc.?rporation Clark Cosby/CI-f2Ivl HILL AiCORD,,, ~ CER-I ~IrICATE OF LIABILITY INSURANCE DATO9I ~roa PRODUCER 509-358.3800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wells Pargo Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services 1 CAL~0531007 MOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 601 W. Main Ave. Suite 1400 Spokane, WA 99201 INSURERS AFFORDING COVERAGE INSURED INSURER A: Bituminous Insurance Co. Eller Corporation INSURER E; P.O. BOX 117 INSU;£RC: Newman Lake WA 99025 INSURER 0: I INSURER E: COVERAGES TFIE POLICIES OF INSURANCE LISTED BEL01N HAVE BEEN ISSUED TO THE INSURED NADAED ABOVE FOR TH=_ POLICY PERIOD INDICATED. NOTINITHSTANDING ANY REQUIREPAENT', TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR h9AY PERTAIN, TWG INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TWE TERA4S, EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES. AGGREGATE LIPAITS SWOLVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION UAl17S T TYPE OF I1tSURANCE POLICY NUASBER DA E DATE I,1 DD A GENERAL UABILIT'Y ClP 3257390 9130108 9!30109 EACH OCCURRENc£ b looooo0 x COnaA1ERCIAI GENER AL LIABILITY FIR= DAJAAGE (Asry one lire) 6 300000 ~ OCCUR CLAIMS MADE n MED E?W (ArW one Person! 0 5000 I l PERSOkAI. F. ADV INJURY 8 1000000 GEN[RAA. AGGREGATE. 2000000 GENT AGGREGATE LIMIT 0.pPlIE5 PER: PRODUCT'S • C0L1PlOP AGG 8 2000000 POUCY X PRO• !OC A AUTOL1061tE LIABWTV CAP 3524995 9130108 9/30109 COMBINED SINGLE UMIi' (E<i ottJdantl l OD0000 }( ANY AUTO AL! 014'NED AIUTOS BODILY IN.IUF.Y b (Per perSOnl S'..HEOULF.D AIdTOS X HCRED AUTOS BODILY INJURY (Ptir OtC1iICn:! X XON-p1~:NE0AUT05 PROPER'L'Y DAMAGE b (Per etCWenU GARAGE. UABIUTY AUTO OXLY • EA ACCIDENT b A.YY AUTO BN EA ACC OTHER tH L . AUTO ONLY: AGG A ExclssuaBl!tTY CUP 2583131 3!30!08 9/30/09 EACHOCCU=9ENCE b 6000000 X OCCUR ^ CLAIA4S MADE AGGREGATE GD00000 9 DEDUCTIBLE X AETENTIO?: 5 10000 8 A WDRHERS COMPENSATION AND CLW 3257390 9/30108 9!30!09 WC STATU- OTH• TRY LIM s 1~ Er,1PLOYERS• uABltlrv wA STOP GAP ONLY E.t. EACH ACCIDENT 5 1000000 E.L. DISEASE - EA EA4PLOYEf : 1DD0000 E.I.DISEASE•POLICY!UdIT 9 ID00000 OTHER DESCRIPTION OF OPERATIONSJLOCATIONSA'EHICIESlF.1(ClUS10Y5 AO9ED BV ENOORSG+AFMfSPF.CIAL PROVISIONS AS RESPECTS: ALl OPERATIONS OF TFIE NAMED INSURED ARE COVERED BY THESE POLICIES bVHILE PERFORATING WORK FOR THE CERTIFICATE WOLDER. ADDI'T'IONAL INSURED STATUS IS GIVEN TO TWE CITY OF SPOKANE VALLEY AS GRANTED BY THE POLICY AND THE ATTACHED ENDORSEMEN'PS. A WAIVER OF SUBROGATION AND PER PROJECT AGGREGATE DO APPLY. CERTIFICATE HOLDER ~ ADDRIONAI INSURED; INSURER LETTER: L.HIV~,CLLf-t Irv SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BF CANCEIA.ED BEFORE THE E:XPiRAT10N THE C17Y OF SPOKANE VALLEY DATE THEREOF, TI7B ISSUING INSURER WILLXI~CX~SXrSS MAT! 3O DAYS WWi'ItcN 1 1707 E. SPRAGUE AVE., STE 106 NOTICE TO TI[E CERTIFICATE HOLDER NAh1ED TO THE, LEFT. P,10XY"JiNSPFXF)QX~A}.~YLXHt~t000 SPOKANE VALLEY, WA 99206 a~~osex~aax>e;t~rcox~Rxmacoroex~xoaxxlmaxecr~xr~oe~sxa~vr~uJC~oa~ax~ax AUTHORIZED n nnon e~ c r9re~~ RPORATION 1988 IMPORTANT If the certificate holder is an ADDI'T'IONAL INSURED, the policy(ics) must be endorsed. A statement on this certificate sloes not confer rights to the certificate holder in lieu of such endorsement(sl. 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 7ha Certificate of Insurance on the reverse side of this form does not constitute a contract t~etween the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amond, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7!971 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED ENDORSEMENT -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COivtMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II -WHO IS AN INSURED is amended to include: Any °owner", "contractor", "construction manager", 'engineer" or "architect' if it is required in your written contract or written agreement executed by you and all other parties to the contract or agreement prior to any loss that such persons} or organization(s) be added as an additional insured on your policy for completed operations but only for the project designated in your written contract or vrritten agreement and only vrith respect to "bodily injury" or "property damage" included in the °products-completed operations hazard" and caused, al least in part, by your negligence and v/Ith respect to liability resulting from: A. "Your v<<ork" performed for the additional insured(s), or B. Acts or omissions of. the additional insureds) in connection vrith their general supervision of "your work". With respect to the insurance afforded such additional insureds in connection with this endorsement and the above referenced Commercial General Liability Form, the following additional provisions apply to limit chat coverage: 1. We will Nava no duty to defend the additional insured against any "suit' seeking damages for "bodily injury" or "properly damage" until we receive written notice from the additional insured requesting that ~.ve defend it in the'suit." 2. The Limits of Insurance applicable to the additional insureds under this endorsement are the minimum limits specified in tho vrritten contract or agreement requiring this coverage, or as stated in SECTION III - LIP.9ITS OF INSURANCE of tho COMR~IERCIAL GENERAL LIABILITY COVERAGE FORM, vrhichever is less. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance described in SECTION III of that form, 3. As additional conditions of coverage under this form, an additional insured under this endorsement vrill as soon as practicable: Give written notice to us of an "occurrence' which may result in a claim. This shall include: (1) Hovr, vrhen and where the 'occurrence" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the'oecurrence". b. Give written notice to us of a claim or °suit° brought against the additional insured including specifics of the claim or "suit" and the date it was received. Give vrritten notice of such claim o'r "suit," including a demand for defense and indemnity, to any other insurer vrho had coverage for the claim or "suit" under its policy(ies), either at the time of, or at any time subsequent to the occurrence of the "bodily injury" or "property damage" which is the basis for such claims or "suit." (1) Such notification must demand the full coverage available under that policy; and GL-4382 (12/04) '-~- (2) The additional insured shall not take any action to waive or limit such other coverage available to it. 4. This insurance does not apply to: a. "Bodily injury' or "property damage" resulting from any act or omission of the additional insureds) or any of their employees, other than the general supervision of tivork performed for the additional insureds) by you; b. °Bodily injury° or "property damage" resulting from "your work" performed on a project where other valid and collectible insurance is available to the additional insured under an Owner Controlled Insurance Program or Consolidated {wrap-up) Insurance Program; c. °Bodily injury" or "property damage" (1) In connection with a project where "your work" on the project was completed prior to the effective date of this policy, unless the written contract or written agreement includes a specific time requirement for completed operations coverage to be provided by you for the additional insured for "bodily injury" or "properly damage' occurr9ng during the policy period. (2) In connection with a project where "your work" on the project was completed and where the duration of the additional insured coverage requirement in the vrritten contract or ~a~ritten agreement governing "your work" on that.project had expired by the time that the injury or damage first occurred. (3) In connection vrith a project tivhere "your vrork" on the project vas completed more than thirty six (36) months prior to the effective date of this policy. . For the purpose of this endorsement, "your worts" will be deemed completed as set forth in the "products-completed operations hazard" definition. d. "Bodily injury° or "property damage": (1) Arising out of the rendering or failure to render any professional services by any insured, or on their behalf, but only Nrilh respect to either or both of the follo~~ving operations; (a) Providing engineering, architectural or surveying services to others in the insured's capacity as an engineer, architect or surveyor, and (b) Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with work the insured performs. (2) Subject to paragraph (3) beloti~f, professional services include: (a) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or dravrings and specifications; and (b) Supervisory or inspection activities performed as part of any related architectural or engineering activities, but does not include .the general supervision of your operations on such project. GL-4382 (12104) -2- (3) Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations as a construction contractor. For the purpose of this endorsement, the folloti+/ing definitions are added: °t~,+/ner" means a person or organization vrho has ownership in the project premises designated in your written contract or written agreement, at which you are performing or performed vrork. °Contractor" means a person or organization with whom you have agreed in a written contract or written agreement to perform vrork for at the project designated in the written contract or written agreement. "Construction PAanager" means a person or organization designated as "oonstruction manager" in your written contract or written agreement, and has, management or supervisory responsibilities over "your a+rork° for the project designated in the written contract or tivritten agreement, "Engineer" means a person or organization who has been engaged by the "otivner', °contractor" or "construction manager° to perform engineering services for the project designated in your written contract or vrritten agreement and has a contractual responsibility for supervising, directing or controlling "your v+/ork° on such project. "Architect" means a person or organization who has been engaged by the "O~Vner°, 'contractor" or "construction manager" to perform architectural services for the project designated in your written contract or vrritten agreement and has a contractual responsibility for supervising, directing or conirolliny'yourwork" on such project. Any coverage provided herein will be excess over any other valid and collectable insurance available to the additional insureds) vrhether primary, excess, contingent or on any other basis unless you have agreed in a written contract or vrritten agreement executed prior to any loss that this insurance vrill be primary. However, any insurance specifically purchased for a designated project{s), including but not limited to additional insured coverage, ovrners contractors protective coverage, etc., N/ill be primary avith the insurance provided by this endorsement being excess. If this insurance is determined to be primary, v~re agree not to seek contribution from such other insurance only if you have so agreed in the written contract or written agreement. In no event will any coverage provided under this endorsement extend beyond the expiration date of this policy. GL-4382 (12/04) -3- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTILITY CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below~apply only upon the entry ~X in the box next to the caption of of such provision. A. ~X Partnership and Joint Venture Extension B. ~ Contractors Automatic Additional Insured Coverage • C. ~ Automatic Wai•,rer of Subrogation D. ~ Extended Notice of Cancellation, Nonrenewal E. DX Unintentional Failure to Disclose Ftazards F. QX Broadened h4obile Equipment G. ~ Personal Injury -Contractual Coverage Ft. ~ Nonernpfoyment Discrimination I. X~ Liquor Liability J. X~ Broadened Conditions K. x~ Automatic Additional Insureds -Equipment Leases L ~ Insured Contract Extension -Railroad Property and Constneetion Contracts h4. a Construction Proyect General Aggregate Limits N. 0 Felb~v Employee Coverage O, ~ Property Damage to the Narnec! Insured's Work P. ~ Cure, Custody or Control A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II -WHO IS AN INSURED: The last full paragraph vrhich reads as folloevs: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shotivn as a Named Insured in the Declarations. is deleted and replaced with the following: LVith respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you, and others identified in items 1.a., 1.b., and 1.c., subject to the conditions and limitations contained therein, are insureds, but only with respect to liability arising out of "your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work" in connection with your interest in such partnership orjoint venture. A partnership or joint venture, not shotivn as a Named Insured in the Declarations, of vahich you have 33°~0 or more ownership interest at the time of "bodily injury" or "property damage" caused by an "occurrence" or "personal and advertising injury" caused by an offense, is an insured, provided that no other similar liability insurance is available to that partnership or joint venture. GL-308b (01!06) -1- B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE SECTION II -WHO IS AN INSURED is amended to include: Any "owner", "contractor", "construction manager", "engineer" or "architect" if it is required in your written contract or written agreement executed by you and all other parties to the contract or agreement prior to any loss that such person(s) or organization(s) be added as an additional insured on your policy but only for the project designated in your written contract or vrritten agreement and only with respect to "bodily injury," "property damage" or "personal and advertising injury" caused, at least in part, by your negligence and with respect to liability resulting from: A. Your ongoing operations for the additional insured(s), or B. Acts or omissions of the additional insureds) in connection with their general supervision of such operations. With respect to the insurance afforded such additional insureds pursuant to this endorsement and the above referenced General Liability Form, the following additional provisions apply to limit that coverage: We will have no duty to defend the additional insured against any "suit" seeking damages for "bodily injury," "property damage° or "personal and advertising injury," until we receive written notice from the additional insured requesting that eve defend it in the "suit." 2. The Limits of Insurance applicable to the additional insureds under this endorsemen! are the minimum limits specified in the written contract or agreement requiring this coverage, or as stated in SECTION III - LIP111TS OF INSURANCE of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, whichever is less. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance described in SECTION III of that form. 3. As additonal conditions of coverage under this form, an additional insured under this endorsement will as soon as practicable: a. Give vrritten notice to us of an "occurrence" or an offense which may result in a claim. This shall include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and +vitnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Give written nalice to us of a claim or "suit" brought against the additional insured including specifics of the claim or "soil" and the date it was received. c. Give written notice of such claim or "suit," including a demand for defense and indemnity, to any other insurer who had coverage for the claim or "suit" under its policy(ies), either at the time of, or at any time subsequent to the occurrence of the °bodily injury," "properly damage" and/or the offense causing the "personal and advertising injury," which is the basis for such claims or °suit". (1) Such notification must demand the full coverage available under that policy; and (2) The additional insured shall not take any action to waive or limit such other coverage available to it. GL-3085 (01106) -2- This insurance does not apply to: a. "Bodily injury° "property-damage" or "personal and advertising injury" occurring after: (1) All work on the project (other than service, maintenance, or repairs) to be performed by you or on your behalf for the additional insureds) 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 conUactor or subcontractor engaged in performing operations for a principal as a part of the same project. b. "Bodily injury" "property damage" or "personal and advertising injury" resulting from any act or omission of the additional insureds) or any of their employees, other than /he general supervision of work performed for the additional insureds) by you. c. "Bodily injury" "property damage" or "personal and advertising injury" resulting from work performed on a project where other valid and collectible insurance is available to the additional insured under an Owner Controlled Insurance Program or Consolidated (wrap- up} Insurance Program. d. "Bodily injury," "property damage" or "personal and advertising injury": (1) Arising out of the rendering or failure to render any professional services by any insured, or on their behalf, but only with respect to either or both of the following operations; (a) Providing engineering, architectural or .surveying services to others in the insured's capacity,as an engineer, architect or surveyor,.apd ., (b) Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with work the insured performs. (2) Subject to paragraph (3) below, professional services include: (a) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (b) Supervisory or inspection activities performed as part of any related architectural or engineering activities, but does not include the general supervision of your operations on such project. (3) Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations as a construction contractor. For the purpose of this endorsement, the following definitions are added: "Owner" means a person or organization who has ovrnership in the project premises, designated in your written contract or written agreement, at which you are performing operations. "Contractor" means a person or organization vrith whom you have agreed in a wvritten contract or written agreement to perform operations for at the project designated in the written contract or written agreement. GL-3085 (01106) -3- "Construction Manager" means a person or organization designated as °construction manager" in your written contract or written agreement, and has management or supervisory responsibilities over your operations for the project designated in your arritten contract or written agreement. "Engineer" means a person or organization ~vho has been engaged by the "owner", "contractor" or "construction manager" to perform engineering services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing ar controlling your operations on such project. "Architect" means a person or organization vrho has been engaged by the "owner", "contractor" or "construction manager" to perform architectural services for the project designated in your written contract or written agreement and has a contractual responsibility for supervising, directing or controlling your operations on such project. Any coverage provided herein urill be excess over any other valid and collectable insurance available to the additional insureds} whether primary, excess, contingent or on any other basis unless you have agreed in a written contract or written agreement executed prior to any loss that this insurance will be primary. However, any other insurance specifically purchased for a designated project(s), including but not limited to additional insured coverage, owners contractors protective coverage, etc., will be primary vrith the insurance provided by this endorsement being excess. If this insurance is determined to be primary, we agree not to seek contribution from such other insurance only if you have so agreed in the written contract or written agreement. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights, .of Recovery ,Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce there. b. If required by a written contract executed prior to loss, we vraive any right of recovery we may have against any person or organization because of payments vre make for injury or damage arising out of "your work" for that person or organization. D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.b. of the COMMON POLICY CONDITIONS, is deleted and replaced Nrith the folloti+ring: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations vrritten notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60} days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed GL-3085 (01106) -4- that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a. above. E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although eve relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b. of SECTION V -DEFINITIONS, is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you otivn, rent or accu py. G. PERSONALINJURY-CONTRACTUAL COVERAGE Exclusion 2.e. of SECTION I, COVERAGE B is deleted. H. NONEMPLOYMENT DISCRIPAINATION Unless 'personal and advertising injury" is excluded from this policy: Item 14. of SECTION V -DEFINITIONS, is amended to include: °Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss,'vfiich is caused by "discrimination." SECTION V -DEFINITIONS, is amended to include: 23. "Discrimination" means the unlav~Ful treatment of individuals based on race, color, ethnic origin, age, gender or religion. Item 2. Exclusions of SECTION I, COVERAGE B, is amended to include: "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; "Personal and advertising injury" arising out of "discrimination" by or at your, your agents or your °employees" direction or with your, your agents or your "employees" knowledge or consent: "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub-lease or prospective sate, rental, lease or sub-lease of any dwelling, permanent lodging or premises by or at the direction of any insured; or Fines, penalties, spedfic performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination." I. LIQUOR LIABILITY Exclusion 2.c. ofi SECTION I, COVERAGE A, is deleted. GL-3085 (01106) -5- J. BROADENED CONDITIONS Items 2.a. and 2.b. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced vrith the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: a. You must see to it that tive are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has bean reported to you, one of your officers or an "employee" designated to give notice to us. Notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is rnade or "suit" is brought against any insured, you must: (1) f2ecord the specifics of the claim or "suit" and the date received as soon as you, one of your officers, or an "employee" desiynated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or "suit." Item 2.e. is added to SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of "occurrence° shall not be deemed in violation of paragraphs 2.a., 2.b., and 2.c. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a vaorkers compensation claim. K. AUTOPAATIC ADDITIONAL INSUREDS -EQUIPMENT LEASES SECTION II -WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreernent to name as an additional insured vrith respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: "Bodily injury" or °properry damage" occurring after you cease leasing the equipment. "Bodily injury" or'property damage" arising out of the sole negligence of the additional insured. °Property damage" to: a. Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. GL-3085 (01/06) -ti- L. INSURED CONTRACT EXTENSION - RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9. of SECTION V -DEFINITIONS, is deleted and replaced with the following. 9. "Insured Contract" means: a. A contract for a lease of premises. Novrever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection vrith work for amunicipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (incuding an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization provided the "bodily injury" or "property damage" is caused, in vrhole or in part, by you or those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if thaf is the primary cause of the injury or damage; or (2) Under vrhich the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional ser<<ices, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. M. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIITS This modifies SECTION III - LIR9ITS OF INSURANCE. A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I -COVERAGE A, and for all medical expenses caused by accidents under SECTION I -COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project., and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. GL-3085 (01106) -7- 2. The Construction Project General Aggregate Limit is the most we vrill 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 far damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project.. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and tvtedical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I -COVERAGE A, and for all medical expenses caused by accidents under SECTION I -COVERAGE C: 1. Any ,payments made under COVERAGE A for damages or under COVERAGE C for medical 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 Construction Project General Aggregate Limit. C. Payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" ~~~ill reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned 2nd then restarted, or if the authorised contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION III -LIMITS OF INSURANCE not othervrise modified by this endorsement shall continue to be applicable. N. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury° to (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or GL-3085 (01106) -8- (2} The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exGusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) 7o any obligation to share damages with or repay someone else ~vho must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) Liability arising from any action or omission of a co-"employee" while that co-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a. (1 }(a) of SECTION II -WHO IS AN INSURED, is deleted and replaced with the follotiving: 2.a. (1)(a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company}, or to your "volunteer workers" while performing duties related to the conduct of your business. O. PROPERTY DAMAGE TO THE NAMED INSURED'S WORK Exclusion I of SECTION I, COVERAGE A. is deleted and replaced with the follotiving: - . ~ .1... .._Damage.to Your Work .. ..... ... .. ,.. ..... _ .. , ... ... "Property damage" to "your work" arising out of it or any part of it and included in the "products completed operation hazard." This exclusion applies only to that portion of any loss in excess of $50,000 per occurrence if the damaged work and the work out of which the damage arises ,vas performed by you. This exclusion does not apply if the damaged work or the work out of avhich the damage arises was performed on your behalf by a subcontractor. P. CARE, CUSTODY OR CONTROL Exclusion 2.j.4 of SECTION I, COVERAGE A. is deleted and replaced with the following: 2.j.4 Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you ar your "employees," this exclusion applies only to that portion of any loss in excess of 525,000 per occurrence, subject to the follovring terms and conditions; (a) The most that ove will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c} The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III -LIMITS OF INSURANCE is changed accordingly. GL-3085 (01106) -9- (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) X2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to~each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the even) of "occurrence,° claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible 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 deductible amount as has been paid by us. GL-3085 (01106) -10-