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12-087.00 Northwest Fence: Police Precinct Fence RepairCONSTRUCTION AGREEMENT Northwest Fence Company THIS CONSTRUCTIONAGREEMENT (the "Agreement ") is made by and between the City of Spokane Valley, a code City of the State of Washington (the "City ") and Northwest Fence Company, (the "Contractor ") jointly referred to as (the "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, supervision, tools, materials, supplies and equipment and other items necessary for the construction and completion of the Police Precinct Fence Repair Project (the "Work ") in accordance with documents described on Exhibit 1 and in accordance with this Agreement (which are by this reference incorporated herein and made part hereof (the "Contract Documents "), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. 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 Documents to the City's satisfaction, within the time limits prescribed in the Contract Documents. The City Manager, or designee, shall administer and be the primary contact for the Contractor. Upon notice from the City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this Agreement. Unless otherwise directed by the City, all work shall be performed in conformance with the Contract Documents, and all City, State and federal standards, codes, ordinances, regulations and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to proceed [or execution of this Agreement] and shall complete the Work within the times specified in the Contract Documents, as may be extended in accordance with this Agreement and the Contract Documents. 3. Liquidated Damages. Not applicable. 4. Compensation. In consideration of the Contractor performing the Work the City agrees to pay the Contractor in accordance with the Contract Documents the sum of $903.80, plus Washington State Sales Tax, based on the bid submitted by the Contractor, and as may be adjusted in accordance with the Contract Documents. 5. Payment. The Contractor may elect to be paid in monthly installments, upon presentation of an application for payment in a form satisfactory to the City. Applications for payment shall be sent to the City Clerk at the below stated address. Pursuant to Chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by the City. The City reserves the right to withhold payment under this Agreement which is determined in the reasonable Construction Agreement Page 1 of 6 a}o 1/2 -000 1 judgment of the City Manager or designee to be noncompliant with the Contract Documents, City standards, City Code, and federal or state standards. 6. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: Northwest Fence Company Phone: (509) 921 -1000 1 Phone: (509) 928 -8084 Address: 11707 East Sprague Ave, Suite 106 Address: 14909 E. Sprague Avenue Spokane Valley, WA 99206 Spokane, Washington 99216 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws, codes and regulations. 8. Prevailing Wages on Public Works. The Contractor, any subcontractor, or other person doing work under this Agreement, shall comply with the requirements of RCW 39.12, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries ( "L &P'). If employing labor in a class not shown, the Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. The Contractor shall provide a copy of any such determinations to the City. Before commencing, during, and upon completion of the work, the Contractor shall file all forms and pay all fees required by L &I and shall indemnify and hold the City harmless from any claims related to its failure to comply with RCW 39.12. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project, published by L &I are located the L &I website address: bttps://fortress.wa.gov/lni/wagelookup/TrvWagelookup.aspx B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids as may be revised by addenda. A copy of the applicable prevailing wage rates are also available for viewing at the offices of the City located at 11707 East Sprague, Suite 106, Spokane Valley, WA 99206. Upon request, the City will mail a hard copy of the applicable prevailing wages for this project. 9. Relationship of the Parties. It is 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 in which the services are performed 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 solely 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 Construction Agreement Page 2 of 6 attach thereto. 10. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by the Contractor under this Agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 11. 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 Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 12. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by the City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred 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. This warranty provision shall not be construed to establish a period of limitation with respect to the Contractor's other obligations under this Agreement. 13. Contractor to Be Licensed And Bonded. The Contractor shall be duly licensed, registered and bonded by the State of Washington at all times this Agreement is in effect. 14. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. A. Minimum Scope of Insurance. The 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) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's commercial general liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 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. Construction Agreement Page 3 of 6 B. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products - completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, the Contractor shall furnish acceptable insurance certificates to the City at the time the Contractor returns the signed Agreement. 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. 15. Indemnification and Hold Harmless. The Contractor shall, at its sole expense, defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend, indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Contractor, Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants and employees. Construction Agreement Page 4 of 6 Contractor's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel - related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim - related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity by the provisions of this Addendum extends only to claims against Contractor by City, and does not include, or extend to, any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 16. Waiver. No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 17. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 18. Confidentiality. Contractor may, from time to time, receive information which is deemed by the City to be confidential. Contractor shall not disclose such information without the prior express written consent of the City or upon order of a Court of competent jurisdiction. 19. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court for Spokane County, unless otherwise required by applicable federal or state law. 20. Subcontractor Responsibility. As required by RCW 39.06.020, the Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement must be included in every subcontract of every tier. 21. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 22. Entire Agreement. This 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 signed by the Parties. Construction Agreement Page 5 of 6 23. 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. 24. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business. 25. Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 26. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Work 2. Insurance Certificates 10 Q The Parties have executed this Agreement this UN I day of , 20,� CITY OF SPOKANE VALLEY: Mike J c cson, City Manager ntractor• caner - REDACTED Tax ID No._ ATTEST APPROVED AS TO FORM: Christine Bainbri ge, City Clerk J Office oft City A 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. Construction Agreement Page 6 of 6 (10111THWIST Moil! 00. PROPOSAL/CONTRACT Customer informations Spokane Valley Police Precinct 48222 Sgt Eiler 477-3340 12710 E Sprague Spokane Valley, WA 99216 Notes I Estimator: Dave .............. ......x ............... . ..... X —XI X Contract Amounts 903.80 Total Sales Tax: 78.63 Total Contract Amounts 982.43 Down Payments $ Balance Duet $ 982.43 NORTHWEST PENCE CO.,XNC. R. 14909 SPRAGUE AVENUE OPDX"E, WA 99216 (509) 9288084 Page I of 2 06/12/2012 Job Information: Alt Contact Mike Stone 720-5400 from City of Spokane Valley ... .-x ;.=::: IM-1 Add bottom rail to 301 seotion will have to double up In middle section TaoK Weld all new hardware E+W H Approved & Accepted for Customers Customer Date customer Date Accepted for NORTHWEST PENCE CO.,INC.1 Salesperson Date Verify Workers' Comp Premium Status - Employer Liability Certificate Washington State Department of Labor and Industries https : // fortress. wa.gov /lni /crpsi /AcctlnfoPrint. aspx ?Accountld= 4500... Department of Labor and Industries Employer Liability Certificate Date: 06/18/2012 UBI #: 600 448 905 Employer Liability Certificate Legal Business Name: NORTHWEST FENCE COMPANY INC (WA) Account #: 450,043 -00 'Doing Business As' Name: NORTHWEST FENCE CO INC Estimated Workers Reported: Quarter 1 of Year 2012 "11 to 20 Workers" (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? License: Expire Date: Yes NORTHFC 110CZ 4/1/2014 Account Representative: T2 / MICHAEL MURPHY (360)902 -4822 - Email: MURY235 @lni.wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). lofl 6/18/2012 1:15 PM 194291 AlC40RD® `SS...rrr" CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 72/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Commercial Lines - (509) 358 -3800 CONTACT KRISTY BREMER NAME: PHONE 509 - 358 -3983 FAX 509- 358 -3937 A/C No Ext : A/C No): E -MAIL ADDRESS: kris ty' @ 9 Bremer wellsfar o.com Wells Fargo Insurance Services USA, Inc. - CA Lic #: OD08408 INSURERS AFFORDING COVERAGE NAIC # 601 West Main Street, Suite 1400 INSURERA: American Economy Insurance Co. 19690 Spokane, WA 99201 -0635 INSURED DAMAGE TO RENTED PREMISES Ea o.unence $ 1,000,000 INSURER B: American Fire & Casualty Company 24066 INSURERC: American States Insurance Company 19704 Northwest Fence Co Inc 14909 E Sprague ) `� %�i�� U �_ 1 INSURER D INSURER E : $ 1,000,000 WA STOPGAP $1,000,000 I INSURER F: Spokane Valley, WA 99216 PARKS & RFORFATInNnFIDT GENERAL AGGREGATE $ 2,000,000 RGVICIAId AlI1MRFR• cee THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADDL SR SUER WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM/DDIYYYY LIMITS r GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY X X 02CE2154923 3/1/12 3/1/13 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea o.unence $ 1,000,000 MED EXP (Any one person) $ 10,000 CLAIMS -MADE 7 OCCUR JX PERSONAL & ADV INJURY $ 1,000,000 WA STOPGAP $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 $ POLICY X PRO-- LOC B AUTOMOBILE LIABILITY BAA54817332 3/1/12 3/1/13 EO aBINEDISINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS Ix PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS X AUTOS C X UMBRELLA LIAB X OCCUR 01SU41808530 3/1/12 3/1/13 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑Y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WA STOP GAP ONLY WORKERS COMP IS WITH LABOR &INDUSTRIES 03/01/12 03/01/13 WC STATU- OTH- I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) AS RESPECTS: POLICE PRECINCT FENCE REPAIR PRIMARY ADDITIONAL INSURED AND WAIVER OF SUBROGATION IF REQUIRED IN WRITTEN CONTRACT TO CITY OF SPOKAY VALLEY PER THE ACTUAL APPLICABLE POLICY FORMS ATTACHED TO THIS CERTIFICATE. Ut_K I It'IUA I t NULUtK IiAIV I.CLLA I I VIV CITY OF SPOKANE VALLEY 2426 N DISCOVERY PLC SPOKANE VALLEY, WA 99216 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /1 e The ACORD name and logo are registered marks of ACORD ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) i Insuran, rCle v POLICY NUMBER: 02CE2154923 CG 86 72 10 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any personlorganization for whom you're required by written contract, agreement, permit to provide completed operations coverage. Your work on all jobs at all locations for the named person or organization. Location and Description of Completed Operations: Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only to the extent you are held liable due to "your work" at the location designated and described in the schedule of this endorsement for that insured and included in the "product- completed operations hazard." CG 66721002 Includes Copyrighted Information of ISO Properties, Inc., 2001 with permission Safeco and the Safeco logo are registered trademarks of Safeco Corporation EP AFP- META2- 25- PRINT001- 0396- 0036 -E -L • Insurance CG 76 80 10 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person /organization for whom you're required by written contract, agreement, permit to provide primary and noncontributory coverage for your ongoing operations whether performed by you or for you. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II — WHO IS AN INSURED is amended you. Coverage shall be limited to the extent of your to include as an additional insured the person or negligence or fault according to the applicable princi- organization shown in the Schedule subject to the pies of comparative fault. following provisions: The insurance provided will not exceed the lesser of: 1. The additional insured is an insured but only for liability directly resulting from: a. The coverage and/or limits of this policy, or a. your ongoing operations for the additional in- sured whether the work is performed by you or for you; or b. the general supervision of your ongoing op- erations by the additional insured. 2. This insurance does not apply to: a. 'Bodily injury" or "property damage" arising out of any act or omission of, or for defects in design furnished by or for, the additional insured or b. "Bodily injury" or "property damage" in- cluded within the "products - completed oper- ations hazard." A person's or organization's status as an additional insured under this endorsement ends when your op- erations for that insured are completed. No coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on CG 76 80 10 02 b. The coverage and/or limits required by the contract, agreement or permit. With respect to the insurance afforded the additional insured, paragraph 4. of SECTION IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS is de- leted and replaced by the following: 4. Other Insurance a. This insurance is primary and noncontrib- utory, and our obligations are not affected by any other insurance where the additional in- sured is the Named Insured, whether pri- mary, excess, contingent, or on any other basis; however, the defense of any claim or "suit" must be tendered as soon as practi- cable to all other insurers which potentially provide insurance for such claim or "suit ". b. This additional provision applies only to the additional insured shown in the Schedule and the coverage provided by this endorse- ment. Salem and the Salem logo are registered trademaft of Salem Corporation EP POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION THAT REQUIRES YOU TO WAIVE YOUR RIGHTS OF RECOVERY, IN A WRITTEN CONTFIACT OR AGREEMENT WITH THE NAMED INSURED THAT IS EXECUTED PRIOR TO THE ACCIDENT OR LOSS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is a-nended by the addition: of the following: 1Ne waive any right of recovery kve may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ !went Cony POLICY NUMBERBCS0019906 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE A. For all sums which the insured becomes legally 3. obligated to pay as damages caused by "occurrences" under Section 1 — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Lirnit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard ", and for medical expenses under Coverage C regardless of the number'of: a. Insureds; b. Claims made or "suits" brought; or a Persons or organizations making claims or bringing "suits ". CG 25 03 05 09 Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, Instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 0 Insurance Services Office, Inc., 2008 Insured copy Page 1 of 2 0 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is "occurrences" under Section I — Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents 'bodily injury" or 'property damage" included in under Section I — Coverage C, which cannot be the "products- completed operations hazard" will attributed only to ongoing operations at a single reduce the Products - completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 9. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical 0. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or If the authorized Products-completed Operations Aggregate contracting parties deviate from plans, blueprints, Limit, whichever is applicable; and designs, specifications or timetables, the project 2. Such payments shall not reduce any will still be deemed to be the same construction Designated Construction Project General project- Aggregate Limit. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 0 Insurance Services Office, Inc., 2008 CG 25 03 05 09 0 hMMd Copy