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13-083.00 WM Smith & Assoc: Terrace View Park Pool Tank PaintingCONSTRUCTION AGREEMENT W. M. Smith & Associates, Inc. THIS CONSTRUCTIONAGREEMENT (the "Agreement ") is made by and between the City of Spokane Valley, a code City of the State of Washington ( "City ") and W. M. Smith & Associates, Inc., ( "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. 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 Terrace View Park Pool Tank Painting Project (the "Work ") in accordance with documents described in 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. Contractor shall, for the amount set forth in paragraph 4, below, 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 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 Contractor. Upon notice from 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 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. N /A. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of $29,500.00, plus $2,566.50 Washington State Sales Tax, based on the bid submitted by Contractor, and as may be adjusted in accordance with the Contract Documents. Total project cost to be $32,066.50. 5. Payment. Contractor may elect to be paid in monthly installments, upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the below stated address. Pursuant to Chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents, City standards, City Code, and federal or state standards. Construction Agreement Page 1 of 6 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone: (509) 921 -1000 Address: 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 TO THE CONTRACTOR: Name: W. M. Smith & Associates, Inc. Phone: 800 - 426 -9460 Address: P.O. Box 398 Ellensburg, WA 98926 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. Certification Retarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a 3 -year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 9. Prevailing Wales on Public Works. 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 &I "). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by L &I and shall indemnify and hold 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: Construction Agreement Page 2 of 6 A. State of Washington prevailing wage rates applicable to this public works project, published by L &I are located the L &I website address: hops: / /fortress.wa.gov /lni/wa elg ookup /prvWa el�p.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 is also available for viewing at the offices of City located at 11707 East Sprague, Suite 106, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood, agreed and declared that Contractor shall be an independent contractor, and not the agent or employee of City, that 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 Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 12. 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 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. 13. Warrantv. 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 City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14. Contractor to Be Licensed And Bonded. Contractor shall be duly licensed, registered and bonded by the State of Washington at all times this Agreement is in effect. 15. Insurance. 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 Contractor, its agents, representatives, or employees. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non - owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute Construction Agreement Page 3 of 6 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. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 2010 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. 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. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self - insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. 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, Contractor shall furnish acceptable insurance certificates to City at the time 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 City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self - insurance. Construction Agreement Page 4 of 6 16. Indemnification and Hold Harmless. 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 s, subconsultants and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants and employees. 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 paragraph 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. 17. 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. 18. Assignment and Delesation. 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. 19. Confidentiality. Contractor may, from time to time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 20. 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. Construction Agreement Page 5 of 6 21. Subcontractor Responsibility. As required by RCW 39.06.020, 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 ifrequired by chapter 70.87 RCW. This verification requirement must be included in every subcontract of every tier. 22. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 23. 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. 24. Anti - kickback. No officer or employee of 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. 25. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business. 26. 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. 27. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Work 2. Insurance Endorsements The Parties have executed this Agreement this �7 day of� , 2013. F SP NE VALLEY: Mike Jac o , City Manager ATTESTi� Contractor: Owner APPROVED AS TO FORM: T Bainbridge, City Clerk Office odhe City A 4,Wney Construction Agreement Page 6 of 6 April 5, 2013 Parks and Recreation Department 2426 N. Discovery Place ♦ Spokane Valley, WA 99216 509.688.0300 ♦ Fax: 509.688.0188 ♦ parksandrec@spokanevalley.org Quote Solicitation For City of Spokane Valley Parks & Recreation Department • Project Title: Terrace View Park Pool Tank Painting Project Scope /Guidelines: 1. Cover and protect all areas not to be coated. 2. Prepare all pool surfaces for coating as per manufacturer recommendations and standard pool practices. 3. Pressure wash and mask off as necessary. 4. Prepare and caulk seams and cracks as needed. 5. Apply specified materials as per manufacturer recommendations. 6. Workmanship to be guaranteed for a period of one year after acceptance by the City of Spokane Valley. 7. Contractor responsible to verify and determine all measurements, quantities, etc. to complete this project. S. Project to begin as soon as weather permits and needs to be completed no later than June 5, 2013. 9. Contractor will notify the Director of Parks and Recreation Department of any work that will involve excessive noise, dust or any work that will disrupt adjacent residences. 10. City of Spokane Valley reserves the right to stop work by contractors for any reason deemed to be necessary. 11. Contractor will keep the jobsite clean and free of safety hazards during the entire project. 12. If for any reason work must be stopped by contractor, the Director of Parks and Recreation must be notified. 13. Open flames and combustibles are prohibited unless prior authorization by the Director of Parks and Recreation. 14. Contractor is responsible for any. permits that are required for this project. 15.All applicable permits will be posted on jobsite. 16.All work must be approved by the City of Spokane Valley Parks and Recreation Department and the YMCA prior to completion of project. 17. Contractor will be responsible for any damage done to the facility or its contents. • Project Location: Terrace View Pool is located at 13525 East 24th Avenue, Spokane Valley, Washington 99216. Site Inspection: Contractors interested in accessing the project site are invited to view the pool on Friday, April 12, 2013 at 10:00 am. YMCA staff will be present to answer questions. Bidder Requirements: • This is a prevailing wage public works project. • Successful contractor will need to have a current City of Spokane Valley business license as well as being licensed and bonded. • Contractor to have a minimum of two pool painting projects completed using ArmorGuard paint. References may be requested. • The insurance requirements will include naming the City of Spokane Valley as additionally insured and having the following minimum amounts of insurance: a. Automobile Liability - $1,000,000 per accident. b. Commercial General Liability - $1,000,000 per occurrence and $2,000,000 general aggregate and $2,000,000 products- completed operation aggregate limit. • Product Specifications: 1. Main Pool — White ArmorGuard Epoxy Paint — apply two coats of 15 mil each for a total coverage of 30 mil. 2. Main Pool Lane Lines, Targets and Depth line — Dark Grey ArmorGuard Epoxy Paint — apply two coats of 15 mil each for a total coverage of 30 mil. Project Contact: Mike Stone, Director of Parks and Recreation, (509) 720 -5400 Quote Due Date: Written quotes need to be delivered to the Spokane Valley Parks & Recreation Department no later than 5:00 p.m. on Wednesday, April 17, 2013. The Parks & Recreation Department is located within CenterPlace at 2426 N. Discovery Place, Spokane Valley, Washington 99216. Additional Information For additional information, please contact Mike Stone, Director c Recreation at (509) 720 -5400 or mstone(aOspoka neva I ley. org. A N C E DATE (MM/DDNYYY) 5/7/2013 S UPON THE CERTIFICATE HOLDER. THIS :OVERAGE AFFORDED BY THE POLICIES THE ISSUING INSURER(S), AUTHORIZED 1. If SUBROGATION IS WAIVED, subject to this certificate does not confer rights to the ipher '3 A/C Noll: (425) 712 -3786 com ORDING COVERAGE NAIC # tes Insurance Comp XV 2CE061927 -0 /15/2013 /15/2014 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 200,000 MED EXP (Any one person) REVISION NUMBER: 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. 1�7R TYPE OF INSURANCE AD L UBR POLICY NUMBER MM /DDY MM %DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X❑ OCCUR 2CE061927 -0 /15/2013 /15/2014 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 200,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS 2CE061927 -0 /15/2013 /15/2014 Ea acB.INEDISINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 01SU350889 -00 /15/2013 /15/2014 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I X I RETENTIONS 10,OOC $ A )W EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA Washington Stop Gap 2CE061927 -0 /15/2013 /15/2014 WC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Re: Terrace View Park Pool Tank Painting Project The City of Spokane Valley is added as Additional Insured if required by written contract per attached CG7680 1002 and CG8672 1002. Coverage is Primary and Non - Contributory. Per Project Aggregate applies per attached CG2503 0509. (509)688 -0188 City of Spokane Valley 2426 N. Discovery Place Spokane Valley, WA 99216 MVVRL/ 40 kzu 1 VIVO) INS025 oninnsi m 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 Rucker /JAMIE (0 1988 -2010 ACORD CORPORATION. All rights reserved. Tha A(:r)R1'1 nnma and Innn ara raniatararl mnrka of Arr)Rr1 .. REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIgNALFORMS Liberty NortbFvest. lF.dvl{4y Jared G..+q. 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 or organization for whom you are required by written contract, agreement or permit to provide a primary and non - contributory additional insured endorsement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person or organization shown in the Schedule subject to the following provisions: 1. The additional insured is an insured but only for liability directly resulting from: a. your ongoing operations for the additional in- sured whether the work is performed by you or for you; or b. the general supervision of your ongoing op- erations by the additional Insured. you. Coverage shall be limited to the extent of your negligence or fault according to the applicable pdnci- ples of comparative fault. The insurance provided will not exceed the lesser of: a. The coverage and /or limits of this policy, or b. The coverage and /or limits required by the contract, agreement or permit. With respect to the insurance afforded the additional insured, paragraph 4. of SECTION IV -- COMMER- CIAL GENERAL LIABILITY CONDITIONS is de- 2. This insurance does not apply to: leted and replaced by the following: a. `Bodily injury" or "property damage" arising out of any act or omission of, or for defects in design furnished by or for, the additional insured or b. "Bodily injury" or "property damage" in- cluded within the "products - completed oper- ations hazard." A person's or organization's status as an additional insured under this endorsement ends when your op- erations for that insured are completed. No coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on 4. 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. CG 76 80 10 02 EP AFP- META2.1 &PRINTODI- 222901531 Lilaerty Nortlt�vest. POLICY NUMBER: CG 88 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 person or org for whom you are required by written contract, agreement or permit to provide completed operations coverage. Location and Description of Completed Operations: Your work on all jobs at all locations for the named person or organization. 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 86 72 10 02 Includes Copyrighted Information of ISO Properties, Inc., 2001 with permission. EP C- AG•07- PRINMOl - 25WD63 -U POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CC's 25 03 05 09 THIS ENDORSEMENT CHANGES TH E POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GFNERAl LIABILITY COVERAGE PART SCHEDULE Designated Construction Projec{s): ACA OF 'YOUR. CONSTRUCTION PROJECTS LOCATED AWAY FROM PRE141SES M4NM BY OR RENTED TO YOU I nformation required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 25 03 OS 09 Gopyright, Insurance Services Office, Inc., 2008 Page 1 *f 2 A. For all sums which the Insured becomes legally S. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical 'occurrences` under Section f — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents under Construction Project General Aggregate Limit Section I — Coverage C, which can be attributed for that designated Construction project. Such only to ongoing operations at a single designated payments shall not reduce the General construction project shown In the Schedule above; Aggregate Limit shown in the Declarations nor I. A separate Designated Construction Project shall they reduce any other Designated General Aggregate Limit applies to each Construction Project General Aggregate Limit designated construction project, and that limit is far any other designated construction project equal to the amount of the General Aggregate shown In the Schedule above. LlmN shown In the Declarations. 4. The limits shown In the Declarations for Each 2. The Designated Construction Project General Occurrence, Damage To Premises Rented To Aggregate Limit is the most we will pay for the You and Medical Expense continue to apply. sum of all damages under Coverage A, except However, instead of being subject to the damages because of `bodily injury" or "property General Aggregate Llmll shown in the damage" included in the "products - completed Declarations. such limits will be subject to the operations hazard," and for medical expenses applicable Designated Construction Project under Coverage C regardless of the dumber of: General Aggregate Limit. a. Insureds; b. Claims made or "suits' brought; or — c. Persons or organizations malting claims or ago bringing 'suits." CG 25 03 OS 09 Gopyright, Insurance Services Office, Inc., 2008 Page 1 *f 2 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, whtoh cannot ba attributed only to ongoing operations at a single designated construction project shown In the Schedule above: 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 Designated construction Project General Aggregate Limit. C. When coverage for liability arising out of the °products - completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the 'products- completed operations hazard" wiil reduce the Products - completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, decayed, or abandoned and then restarted, or if the authorized conlracting parties deviate from plans, blueprints, designs, specifications or timstables, the project will Still be deemed to be the sams construction project. E. The provisions of Section IN — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2008 CG 25 03 05 09