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HomeMy WebLinkAbout2014-038 Yakima Valley Parking Lot Construction Agreement with Granite Construction Co. CONTRACT THIS AGREEMENT, made and entered into in triplicate, this // "day of '70,4.4d. , 2016, by and between the City of Yakima, hereinafter called the Owner, and_ Granite Construction Company, a California Corporation , hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF: $74,331.24, for Yakima Valley Trolley Parking Lot Construction, all in accordance with, and as described in the attached plans and specifications and the 2014 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof. Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Fifteen (15) working days. The first chargeable working day shall be the 11th working day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III. INDEMNIFICATION. The Contractor shall defend, indemnify, and hold harmless the City, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from The Contractor's performance or non - performance of the services, duties and obligations required of it under this Agreement. IV. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. V. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OF YAKIMA CONTRACTOR this ( I of YP\CLV Cti 2016. Granite Construction Co pany , a California Corporation Contractor I isha Desai ;601 ",.- By. "0,,-:2... ' City Manager ` "9, Attest: - ,/ " e r `' 4" �, It:;?„ ,/ / )� E (Print Name) a ctu City Clerk �� t0,1111- +ii, . t - ` `.':Its: Vice President `` `\:. M %,'' ._ _ (President, Owner, etc.) r` c ` \ - ' Z . Address: 80 Pond Road REeetUTIOWNCE CITY ONTRACT 1t o "052 • : b J '• � , : , y. - - 03 `'' • � � 4 v ' ` �� � m 7.1 Yakima, WA 98901 Bond No.: 82394955 PERFORMANCE BOND BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS: Granite Construction That whereas the City of Yakima, Washington has awarded to Company (Contractor) hereinafter designated as the "Principal" a contract for the construction of the project designated Yakima Valley Trolley Parking Lot Construction - 2016 all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and Federal Insurance Company (Surety), a corporation, organized and existing under and by virtue of the laws of the State of Indiana duly authorized to do business in the State of Washington, as surety, are jointly and severally held and firmly bound unto the City of Yakima, Washington, in the sum of $ 74,331.24 (Total Contract Amount) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITIONS OF THIS OBLIGATIONS IS SUCH, that if the above bonded principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, sub - contractors and material men, and all persons who shall supply said principal or sub - contractors with provisions and supplies for the carrying on of said work, and shall hold said City of Yakima, Washington, their employees, agents, and elected or appointed officials, harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub - contractor in the performance of said work and shall indemnify and hold the City of Yakima, Washington, its employees, agents, and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects developing in the material or workmanship provided or performed under said contract, within a period of one year after its acceptance by the City of Yakima, Washington, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Ordinances of the City of Yakima, Washington. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond to be signed and sealed by their duly authorized officers this 2nd day of March , 20 16. 0 .0.11111i ‘'k GRAN�!,,� Granite Construction Company 11 (Principal) z dr� ci O = By: Z 15. �; f, r o: Z _ (Signature) t i ds ° • � gisha Desai , G O NON)-- ' J \ ` (Print Name) Approved as to form: Vice President (Title) (City 'Atto ey) , Federal Insurance Company (Surety) i By: (Signature) Ashley Stinson (Print Name) Attorney - in - Fact " : e (Title) Executed in 3 Counterparts A notary public or other officer completing this certificate verifies only the identity of the individual ACKNOWLEDGMENT who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Cruz On March 2, 2016 before me, V.J. Fox, Notary Public (insert name and title of the officer) personally appeared Ashley Stinson who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. f �� - V J FOX :. WITNESS my hand and official seal. !�',' Commission # 2124012 Notary Public - California � !l Santa Cruz County Cam. � 1 2019 Signature (Seal) V.J. Fox, Notary Public POWER Federal Insurance Company Attn: Surety Department ° Chubb OF Vigilant Insurance Company 15 Mountain View Road ; :.1 .. ` '' ' Suret ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jigisha Desai, John D. Gilliland, Catherine Gustayson, Kathleen Schreckengost, Ashley Stinson and Lillian Tse of Watsonville, California — each as their titre and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business on behalf GRANITE CONSTRUCTION INCORPORATED and all Subsidiaries alone or in Joint venture as princlpal. In connection with bids, proposals or contracts to or with the United States of America, any State or political subdivision thereof or any person, firm or corporation. And the execrtkrn of such bond or obligation by such Attorney - in- Fact in the Companys name and on its behalf as surety thereon or otherwise, under Its corporate seal, in pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon the Company. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIG LANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed a - ted these presents and affixed their corporate seals on this 18 day of July, 2014. D a w n M. Chtoros, Assistant Secretary e . .:. Norris, Jr., Vice P „,_ (44)) :,i(iltiti , //IAN ' .`si's ' ..” - --.:.,f.::., -.....,• •,,,.,,,," . .:, 0 (•,-----: S if!..it ( (4.jv STATE OF NEW JERSEY Se. County of Somerset On this 18"' day of July, 2014 before me, a Notary Public of New Jersey, personally came Dawn M. Chloros. to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power . of Attomey, and the said Dawn M. Chloros, being by me duly swom, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by Tike authority; and that she is acquainted with David 8. Norris, Jr., and knows him to be Vice President of said Companies; and that the eignature of David B. Norris, Jr., subsaibed to said Power of Attorney is in the genuine handwriting of Davkf B. Norris. Jr., and was thereto subscribed by authority 01 said By- Laws and in • _ •. nent's presence. KATHERINE J. ADELAAR - Notarial Seal • I1 - 4p NOTARY PUBLIC OF NEW JERSEY • to, No.2316665 2. wr NOT V Commission E July 19, 2019 / / AUBl1G I / Notary Public 41 JER CERTIFICATION Extract from the By- EDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, Jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairmen. President, any Vice President, any Assistant Vice President, any Secretary. any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Dawn M. Chtoros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies') do hereby certify that F., „-s v't "r'$ (1) the foregoing extract of the By- Laws of the Companies is titre and correct, _- .. „ n , (it) the Companies are duty licensed and authorized to transact surety business in all 50 of the United States of America and the'Dlstrtct Hof Coiumtita and,;are authorized by the U.S. Treasury Department further, Federal and Vigilant are licensed In the U.S. Virgin Islands, and.Federalnis Iicensed,in Air'encirtr Samoa, Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and ;' e Q - °`? , _ % ' /. ' • (ill) the fore Power of Attorney is true, correct and in full force and effect. , v) o /1 . Q , . �'; a '' , q I . ':: • • tit' Given under my hand and seals of said Companies at Warren, NJ this March 2, 2016 i , 1 ' t t � _ � . ' .c ' ° ,a '� , 4 ' - - qd` •, Gam ' . 0 1 . ) 4: i . ). . 1- ( ''..‘ , '14,{t.:1.7-1.1. v - r 1 , ., 0, ,C ,.,..., s .,,,,,' • :,... •._ ( v 8 .5 ``w Dawn M . T IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS ,JSTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@ chubb.00m ' Form 15 -10- 01548- U (Rev. 05 CORP NON - CONSENT ACCPREI ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 03/03/2016 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 LIC #0G62759 1- 415- 486 -7000 CONTACT NAME: Aon Risk Insurance Services West, Inc. PHONE FAX _(A/C. No. Ext): (A/C, No): 199 Fremont Street, Suite 1500 E ADDRESS: San Francisco, CA 94105 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: VALLEY FORGE INS CO 20508 INSURED INSURER B : Granite Construction Company INSURER C : PO Box 50085 INSURERD: Watsonville, CA 95077 INSURERS: INSURER F : COVERAGES CERTIFICATE NUMBER: 46239070 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. INSR ADDL SUBR LTR TYPE OF INSURANCE INSR WVD I POLICY NUMBER POLICY EFF POLICY EXP (MMIDD/YYYY) (MM /DDIYYYY) LIMITS A GENERAL LIABILITY X X GL 2074978689 10/01/151 10/01/18 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY O RENTED PREMISES (Eaoccur nce) $ 2,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ NIL X Contractual Liability PERSONAL BADVINJURY $ 2,000,000 X XCU Hazards GENERAL AGGREGATE $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY X ,PI RO I LOC $ A AUTOMOBILE LIABILITY X X BUA 2074978692 10/01/15 10/01/18 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS ( ) X HIRED AUTOS NON -OWNED PROPERTY DAMAGE AUTOS (Per acadent) X Contractua $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION 10/01/18 X WC STATU- OTH- WC 274978644 (WA /EL ONLY ) 10/01/15 AND EMPLOYERS' LIABILITY Y / N TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE WC 274978644 (AOS) 10 /O1 /1E 10/01/18 E.L. EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? N N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 2,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 2505- 611213 - YAKIMA VALLEY TROLLEY PARKING LOT CONSTRUCTION THE CITY OF YAKIMA, ITS AGENTS EMPLOYEES, VOLUNTEERS, AND ELECTED AND APPOINTED OFFICIALS ARE ADDITIONAL INSUREDS. GL PER ISO FORM CG0001 10/01; AL PER ISO FORM CA0001 03/10 CERTIFICATE HOLDER CANCELLATION 2505- 611213 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF YAKIMA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 129 N. 2ND STREET AUTHORIZED REPRESENTATIVE YAKIMA, WA 98901 USA Clan Rion Yaounance Sexuiceo Weet, 5nc- ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Lindak250 46239070 DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 03/03/2016 NAME OF INSURED: Granite Construction Company SUPP (10 /00) CNA G-140331-D (EdEd . 01/13) Policy# GL2074978689 Insurance Company: Valley Forge Insurance Co. Effective: 10 -1 -15 BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract "; or b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products- completed operations hazard," and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1. above, the words 'caused in whole or in part by' are replaced by the words 'arising out of'. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the "written contract "; c. That described in B.1. above; or d. That afforded to you under this policy, G- 140331 -D (Ed. 01/13) Page 1 of 3 Copyright, CNA All Rights Reserved. CNA G-140331-D (EdEd . 01/13) whichever is less. 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract" to be primary and non - contributory, this insurance will be primary and non - contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit "; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non - contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage "; or b. The offense that caused the "personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. G- 140331 -D (Ed. 01/13) Page 2 of 3 Copyright, CNA All Rights Reserved. • CNA G- 140331 -D (Ed. 01/13 Waiver of Transfer of Rights of Recovery Against Others to Us Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. Your work" included in the "products completed operations hazard." However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. Notice of Cancellation or Material Coverage Change In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims), we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: Any person or organization you are required by written contract or agreement to mail prior written notice of cancellation or material change. 2. Address: Per Certificates of Insurance on file with the broker. 3. Number of days advance notice: For non - payment of premium, the greater of: • the number of days required by state statute or • the number of days required by written contract For any other reason, the lesser of: • 60 days or • the number of days required in a written contract G- 15115 -A(Ed 10/89) Material used with permission of ISO Properties, Inc G- 00000 -A Page 3 of 3 (Ed. ) POLICY NUMBER: GL2074978689 COMMERCIAL GENERAL LIABILITY Insurance Company: Valley Forge Insurance Co. Effective: 10 -1 -15 CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Any construction project as required by a written contract or agreement that was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I — Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations Schedule above: nor shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, General Aggregate Limit shown in the except damages because of "bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard," and for General Aggregate Limit. 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." CG 25 03 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 2 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 1— 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 1 — 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 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. 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 111 — 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 CNA ADDITIONAL INSURED - PRIMARY AND NON - CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations Any person or organization whom the named insured is required by written contract to add as an additional insured on this policy. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section I1 — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non - contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. Notice of Cancellation or Material Change- Designated Person or Organization In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: Any person or organization you are required by written contract or agreement to mail prior written notice of cancellation or material change. 2. Address: Per Certificates of Insurance on file with the broker. 3. Number of days advance notice: For non - payment of premium, the greater of: • the number of days required by state statute or • the number of days required by written contract For any other reason, the lesser of: • 60 days or • the number of days required in a written contract Waiver of Subrogation The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Schedule Any person or organization for whom or which the named insured is required by written contract or agreement to obtain this waiver from us. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) modified Policy No: BUA 2074978692 Effective Date: 10 -1 -15 Valley Forge Insurance Company Page 1 of 1 Copyright CNA All Rights Reserved.