Loading...
HomeMy WebLinkAboutLeslie & Campbell, Inc. - Fire Department Roofing Rehabilitations 2013wo NA 100- NOME— Yakima Fire Department Station 99 and 95 Roofing Rehabilitations City Project No. 2352 The bidder is hereby advised that by signature of this proposal he /she is deemed to have acknowledged all requirements and signed all certificates contained herein. ** Receipt is hereby acknowledged of addendum(s) No.(s) 1 �`���� 5�SeGtb0® SIGNATURE OF AUTHORIZED OFFICIAL(s) Pikopo FIRM NAME L genw re 64m Psam. /,1le- (ADDRESS) 50(o A#r, 4 Vukn R-0. IVA11bA( 64 56g - 45 3 - v 0 7� k/a 9890 3 PHONE NUMBER STATE OF WASHINGTON CONTRACTORS LICENSE NUMBER LF40 4'cR 1 a Pe WA STATE EMPLOYMENT SECURITY REFERENCE NO. 761ZZ03004 Note: (1) This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from the Secretary of Transportation will be cause for considering the proposal irregular and subsequent rejection of the bid. (2) Please refer to section 1 -02.6 of the standard specifications, re: "Preparation of Proposal," or "Article 4" of the Instructions to Bidders for building construction jobs. (3) Should it be necessary to modify this proposal either in writing or by electronic means, please make reference to the following proposal number in your communication. Contractor: Phone: Address: PROJECT SCOPE Yakima Fire Department Station 91 and 95 Roofing Rehabilitations CITY OF YAKIMA JOB NO.2352 INVITATION TO QUOTE CITY OF YAKIMA ENGINEERING DIVISION 129 NO. 2ND STREET YAKIMA, WASHINGTON 98901 PHONE 575 -6111 Quotations will be received by the Yakima City Clerk until: 3:00 PM, May 8, 2013 This contract provides for the removal of existing roofing, repairing existing sub roofing if necessary, and installing new roofing as well as other related work all in accordance with the Plans and Specifications as prepared by the City Engineer of the City of Yakima. INSTRUCTIONS TO THE CONTRACTOR Please return your lowest price for the following project by 3:00 p.m., May 8th, 2013 to the Yakima City Clerks Office, 151 floor of City Hall. If you have any questions call Dana Kallevig at 576 -6605. The city reserves the right to reject any or all quotations and to accept any or all items at the price quoted. The city intends to award this contract within 10 calendar days after bid opening. - 3 ti3 E QUOTE Yakima Fire Department Contractor's Signature: ✓C�2 Date: / 7 / /3 3 �LULIWIl .7 1 allu 95 Rvvring Renanintations ITEM NO. PROPOSAL ITEM PAYMENT SECTION QTY UNIT UNIT PRICE DOLLARS AMOUNT DOLLARS 1 MOBILIZATION Per 2012 WSDOT Standard specification 1 -09.7 1 LS k 0.00. 2 REMOVAL AND DISPOSAL OF ASBESTOS MATERIAL Per Contract Specification #13 1 LS ,,y yP 7, 000• 4f 7GvD•i e 3 ROOF REPAIR YFD STATION #91, COMPLETE Per Contract Specification #14 1 LS 70, 0(ofIA 4 ROOF REPAIR YFD STATION #95, COMPLETE Per Contract Specification #14 1 LS, 32d, y 3, 320• 5 1 6 ROOF SUB SURFACE REPAIR Per Contract Specification #15 REPAIR OR REPLACEMENT Per Contract Specification #23 1 FA $10,000.00 1 FA $5,000.00 SUB TOTAL: STATE SALES TAX 8.2 %: TOTAL: $10,000.00 $5,000.00 /(02 980•ffi 0l3, U4. 174 3y Contractor's Signature: ✓C�2 Date: / 7 / /3 3 Yakima Fire Department Station 91 and 95 Roofing Rehabilitations CITY OF YAKIMA JOB NO.2352 SPECIFICATIONS I. GENERAL /SPECIAL INSTRUCTIONS 1. Description of Project: This contract provides for the removal of existing roofing, repairing existing sub roofing if necessary, and installing new roofing as well as other related work all in accordance with the Plans and Specifications as prepared by the City Engineer of the City of Yakima. 2. Workmanship: The contractor shall furnish all labor, equipment, and materials, which are necessary to complete the work as described in these specifications. Quality of workmanship shall conform to that which is usually provided by the trade in general. A Performance Bond equal to the bid amount shall be required 3. Regulatory Requirements: The project shall be performed in a manner that is in compliance with all applicable federal, state and local laws and regulations, including, but not limited to, vehicle regulations (WSDOT /HMTUSA/other), environmental laws and regulations (EPANVDOE /local), and health and safety laws and regulations (OSHANVISHA/City Safety Codes). 4. Records: The contractor shall maintain operational records at its place of business for a minimum of five years. These records shall include: point of material pick up, type of material, quantity of material. 5. Prevailing Wages: The contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. A. RCW 39.12.010 -The Prevailing Rate of Wage: Contact the Department of Labor and Industries, to confirm current prevailing wage rate for applicable workers on this particular public work project. B. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid: Before the City may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each contractor and sub- contractor must submit to the City an Affidavit of Wages Paid, certified by the Department of Labor and Industries. C. RCW 39.12.070 - Fees Authorized for Approval Certification and Arbitrations: Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the contractor. 6. Termination - Cause: The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement. In addition to the foregoing right of termination, the City may terminate this contract, with or without cause, upon thirty (30) days written notice to Contractor. 7. Right to Award: The City of Yakima reserves the right to make contract award by Schedule or on an all or none basis, whichever is in the best interest of the City. 8. Submission of Quote: 5 Quote shall be submitted to the City Clerk's Office, Yakima City Hall, 129 North 2nd Street, Yakima, WA, 98901, by 3:00 p.m. on May 8th, 2013 in a sealed envelope labeled Yakima Fire Department, Station 91 and 95 Roofing Rehabilitations, CITY OF YAKIMA JOB NO.2352, with the quote due date written on it. Bidders will not be allowed to adjust their quotes after submission. 9. No Disturbance: The contractor shall not disturb grounds or materials outside the sphere of the contracted project. 10. Pre Bid Meeting: All bidders are required to visit the site prior to submitting their quote to become aware of any problems that may affect their quote. A Pre Bid meeting is scheduled for Wednesday May 1St, 10:00am, at Station 91 (401 North Front Street). Alternate times may be available for a site visit, but are not guaranteed. If needed, contact Design Engineer Dana Kallevig, 509.576.6605 11. Coordination: The contractor will coordinate his work with City of Yakima Construction Supervisor Bruce Floyd at 509.576.6138 or 509.728.3475. 12. Timing: Successful vendor shall coordinate with contacts listed above as to when work will be accomplished. Work shall be completed within 30 working days. 13. Removal and Disposal of Asbestos Material: Contractor will be responsible for the proper removal and disposal of existing asbestos material on the parapet walls. There is no asbestos in the roof. There is approximately 3000 square feet of W board that contains asbestos. Contractor must be certified for asbestos removal as laid out in the following WAC's: 296 -65 -010 Asbestos worker certification 296 -65 -012 Asbestos supervisor certification 296 -65 -017 Asbestos contractor certification 14. Roof Repair, Complete Lump Sum Bid: The lump sum contract price for "Roof Repair Complete" shall be full pay for performing the work as specified and per manufacturer's specifications. Including but not limited to; developing all submittals; furnishing and operating fixed and movable work platforms; accommodating Contracting Agency inspection access; providing all material, labor, tools, and equipment; YFD Station #91 (approximately 15,000 sf), YFD Station #95 (approximately 12,500 sf): • Remove all roofing down to wood decking and dispose of. • Remove all wall metal, coping metal, misc. flashings and dispose of. • Install tapered crickets in between roof drains as necessary. • Install crickets behind large curbs as necessary. • Directly over wood decking loose lay a 6 mil. Visqueen. • Mechanically attach a 60 mil. TPO membrane in the color of white. • Install 60 mil. TPO membrane fully adhered at parapet walls. Wall flashing to go up and out over top of parapet wood nailer. • Where wall flashing partially goes up walls install termination bar set in sealant. • All curbs, pipes, vents, drains and other misc. protrusions to be flashed according to manufacturer specifications. • Install TPO walkpad to and from roof access hatches & ladders to large HVAC units 0 • Reseal tops of skylights with np -1 sealant. • Install new 24 gauge wall metal as necessary at top of wall flashing over termination bar. • Install new pre finished 24 gauge coping metal including continuous cleat replacing existing around entire perimeter of building. • 15 year MDL manufacturer's warranty to be included in bid. At Fire Station 91 (Front Street), the Contractor shall furnish and install a new steel roof ladder replacing existing. Cost of ladder and installation shall be included in the bid item, "Roof Repair YFD Station #91, Complete." Ladder shall, at a minimum, meet the standard provided in International Mechanical Code - 306.5: Permanent ladders installed to provide the required access shall comply with the following minimum design criteria: 1. The side railing shall extend above the parapet or roof edge not less than 30 inches (762 mm). 2. Ladders shall have rung spacing not to exceed 14 inches (356 mm) on center. 3. Ladders shall have a toe spacing not less than 6 inches (152 mm) deep. 4. There shall be a minimum of 18 inches (457 mm) between rails. 5. Rungs shall have a minimum 0.75 -inch (19 mm) diameter and be capable of withstanding a 300 - pound (136.1 kg) load. 6. Ladders over 30 feet (9144 mm) in height shall be provided with offset sections and landings capable of withstanding 100 pounds per square foot (488.2 kg /m2). Landing dimensions shall be not less than 18 inches (457 mm) and not less than the width of the ladder served. A guard rail shall be provided on all open sides of the landing. 7. Ladders shall be protected against corrosion by approved means. 15. Roof Sub Surface Repair: This work shall consist of repairing, removing, and /or replacing any plywood surfacing that is deemed unfit sub surfacing for the new roofing. This shall include all labor, materials, and disposal of existing materials. Payment for "Roof Sub Surface Repair" shall be made by force account. For the purpose of providing a common proposal for all bidders, and for that purpose only, the City has estimated the force account for "Roof Sub Surface Repair ", and has arbitrarily entered the amount for the pay item in the proposal to become a part of the total bid by the Contractor. 17. Business License: All bidders shall have a valid and current business license issued by the City of Yakima covering this type of work. It will be the contractor's responsibility to obtain any licenses or permits required, to complete the project. 18. Right to Reject: The City of Yakima reserves the right to reject any or all quotes or accept any presented which meet or exceed these specifications and which they may deem to be in the best interest of the City and will not necessarily be bound to accept the low quote. 19. No Preferences: No exceptions will be considered that may tend to give an individual bidder a distinct advantage. 20. Contractor's Liability Insurance (Sample Certificate Attached): The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage and automobile coverage with insurance carriers admitted to do business in the State of Washington. The insurance companies must carry a Best's Rating of A- VII or 7 better. The policies will be written on an occurrence basis subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 Per Occurrence $2,000,000 Annual Aggregate The City of Yakima, its agents, elected and appointed officials, and employees are to be listed as additional insured under the policies. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 45 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contract shall also maintain workers compensation through the State of Washington. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 21. Experience Requirements: Within two days of bid opening, the Contractor with the winning bid shall provide proof that they have performed a minimum of three (3) successful roofing projects using like materials. Proof must be submitted before the contract will be awarded. 22. Compliance with Immigration and Naturalization Act The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other City contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E- Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E- Verify will be used for newly hired employees during the term of the contract only; it is not to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. If the contractor has not previously filed an E- Verify Compliance Declaration with the City, the contractor must sign the attached E- Verify Compliance Declaration and submit it to the City prior to being awarded the contract. Failure to do so may be cause for rejection of the bid. 23. Repair or Replacement: This work shall consist of repair of any incidental damages to miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the Engineer. Payment for "Repair or Replacement" shall be made by force account. For the purpose of providing a common proposal for all bidders, and for that purpose only, the City has estimated the force account for "Repair and Replacement ", and has arbitrarily entered the amount for the pay item in the proposal to become a part of the total bid by the Contractor. 24. Weather Limits: Contractors will adhere to all manufactures recommendations and /or limitations while placing new roofing. CONTRACT ti THIS AGREEMENT, made and entered into in triplicate, this I day o 2013, by and between the City of Yakima, hereinafter called the Owner, and Leslie & Campbell, Inc. a Washington Corporation, her i fter called the Contractor. p 9 P 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: $176,344.36, for Yakima Fire Department- Station 91 and 95 Roofing Rehabilitations, City of Yakima Job No.2352, all in accordance with, and as described in the attached plans and specifications and the 2012 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 Thirty (30) working days. The first chargeable working day shall be the 11 th 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. CITY OF YAKIMA CONTRACTOR 6 M ffla 1-. C a Corporation Contra r By: /n�---- (Print Name) Its: ?9a51 hE.&T_ (President, Owner, etc.) Address: 15NO AWT/aAWK Aa.. //wwrTAP T AdA 9B9o3 9 PERFORMANCE BOND BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS: Bond No. 105911146 That whereas the City of Yakima, Washington has awarded to Leslie & Campbell, Inc. (Contractor) hereinafter designated as the 'Principal' a contract for the construction of the project designated Yakima Fire Department — Station 91 and 95 Roofing Rehabilitations Proiect No 2352 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 TraWl.Ers Q&�ty and Surety Company of America (Surety), a corporation, organized and existing under and by virtue of the laws of the State of CT . 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 $176, 344.36 1 (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 day of May , 2013 Lesli pbell, In (Principal) By: D (Signature) Ittxi r C' 14 "� (Print Na e) Approved as to form: Pan-f !!- (Title) ( homey) T:ayelers Casualty and Surety Company of America 84 Uu II u W (Signature) Lori McKimmy (Print Name) Attorney -in -Fact (Title) 11 WITHOUT THE RED POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 226181 Certificate No. 005462667 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Donna S. Martinez, Kenneth J. Frick, Alex B. Hodge, Rodney C. Lewis, and Lori McKimmy of the City of Yakima , State of Washington , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 12th day of February 2013 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company rG/.SU.A�` •� J�F \FE 6,4't aN..�MS P \ �' ,II AN O(�F. NARTFORDALi3 Cot N`da • State of Connecticut City of Hartford ss. By: Robert L. Raney; enior Vice President On this the 12th day of February 2013 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C'.7 In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440 -8 -12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS I `(� cam► (°.. Marie C. Tetreault, Notary Public THE RED BORDER NEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company: Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance S Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding, upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice 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 Resident Vice Presidents, Resident 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 on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United'States Fidelity'and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which�is in frill force and`effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of MV 20 13 illGl es� Kevin E. Hughes, Assistant Sec tary GI.SU,��r p.)s�•• ' F�pE �6 y o��N..IMSp9 ;P�' �nsu q.` �Jp�tY ANae ��y� t`tt1,� 1 9 8 2 O � i s a: -._ , a HARTFORD, lt7AfF0aq �! < 7977 �:. �nJ �i 'o� m CONN. n � OONN. 1896 any ��', d �bma,n:u;mm�e !S ...... *A d1 �' • �Y! AN�fi`" To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. OF ATTORNEY IS INVALID WITHOUT THE RED �' ' 1 la A� ° CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/Y 5/21/2013 3 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 Terril Lewis & Wilke Ins P O Box 1789 NAME: CT Donna Martinez PHONE (509) 248 -3515 FA/7C( o . (509)248 -3673 0. E-MAIL . dmartinez@ tlwins . com 112 S 4th Street Yakima WA 98907 INSURERS AFFORDING COVERAGE NAIC p INSURERA:Contlnental Insurance Company 5289 INSURED Leslie & Campbell, Inc. 506 Lower Ahtanum Rd INSURER B:De oslters Insurance Company 42587 INSURERC:Continental Casualty Company 0443 INSURER D: EACH OCCURRENCE INSURER E X COMMERCIAL GENERAL LIABILITY Union Gap WA 98903 INSURER F COVERAGES CERTIFICATE NUMBER:13 -14 GASU 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 LTR TYPE OF INSURANCE ADDL SUBR _MD POLICY NUMBER POLICY EFF MMIDDNYYY ) POLICY EXP (MMIDDNYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 000, 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED P REMISES (Ea occurrence $ 100,000 A CLAIMS -MADE a OCCUR 028838475 /1/2013 /1/2014 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: -] PRODUCTS - COMP /OP AGG $ 2,000,000 JECT F-] POLICY X PRO- LOC $ AUTOMOBILE LIABILITY OMBINEDI SINGLE LIMIT 1,000,000 X BODILY INJURY (Per person) $ B ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS ACP7506120790 /1/2013 /1/2014 BODILY INJURY (Per accident) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ Medical payments $ 5,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 C EXCESS LIAB CLAIMS -MADE DED X RETENTION$ 10,00 $ 5093947011 /1/2013 /1/2014 A WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR /PARTNER /EXECUTIVE A State Stop Gap OFFICER /MEMBER EXCLUDED? (Mandatory in NH) N/A 4028838475 /1/2013 /1/2014 If yes, describe under E L. DISEASE - EA EMPLOYEE $ 1,000,000 E L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) The City of Yakima, City of Union Gap, their agents, employees, volunteers, and elected and appointed officials are named as additional insureds, per form G- 18652 -J 0712 Coverage is primary and non - contributory per form G- 18652 -J 0712 Waiver of Subrogation applies per form G- 18652 -J 0712 Project: Yakima Fire Department - Station 91 and 95 Roofing Rehabilitation project No. 2352 v"M r lrf%om i c nvwV_;rn _ L:AIVGtLLA I IUN City of Yakima 129 N 2nd Street Yakima, WA 98901 Al'u cu ca tcUTU/Ual INS025 (201005).01 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 Frick /DONNA~ 9 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Po 4028838475 Arm G- 18652 -J (Ed. 07 -12) CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Additional insureds Seven additional insured extensions. 2. Bodily injury — Expanded Definition 3. Broad Knowledge of Occurrence/ Notice of Occurrence 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To "Your, Product" And "Your Work" Limit: $100,000, 6. Contractual Liability — Railroads Expanded definition of "insured contract." 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit: $100,000. 9. Expanded Personal And Advertising Injury - Discrimination Or Humiliation 10. Expected Or Intended Injury Reasonable force — "bodily injury' or "property damage." 11. General Aggregate Limits Of Insurance - Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures /Partnership /Limited Liability Companies Coverage for your interest in such terminated or ended organizations. 15. Legal Liability /Alienated Premises /Borrowed Equipment Coverage Extended perils. Default limit increased to $500,000 for Damage to Premises Rented To You. $25,000 limit for "property damage" to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 18. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident. 19. Non -owned Aircraft Coverage 20. Non -owned Watercraft Increased to 75 feet. 21. Primary And Non - Contributory To Other Insurance 22. Property Damage - Elevators 23. Supplementary Payments Cost of bail bonds increased to $5,000. Daily loss of earnings increased to $1,000. 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation - Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap -Up Extension G- 18652 -J (Ed. 07 -12) Page 1 of 12 Copyright, CNA All Rights Reserved. 1. ADDITIONAL INSURED SECTION II — WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs A. through G. below whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written agreement: i. Is currently in effect or becomes effective during the term of this policy; and iii. Was executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury" for which the additional Insured seeks coverage. However, we will not provide the additional Insured any broader coverage or any higher limit of insurance than the least that is: a. The maximum permitted by law; b. Required in the written contract or written agreement; c. Afforded to you under this policy; or d. Described in the applicable paragraphs A. through G. below. A. Controlling Interest Any persons or organizations with a controlling Interest in you but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. B. Co -owner of Insured Premises A co -owner of a premises co -owned by you and covered under this insurance but only with respect to the co- owner's liability as co -owner of such premises. C. Lessor - Equipment Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or In part, by your maintenance, operation or use of equipment leased to you by such person or organization. G-1 8662-J (Ed. 07 -12) Page 2 of 12 G- 18652 -J (Ed. 07 -12) 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any 'occurrence" which takes place after the equipment lease expires. D. Lessor - Land An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. E. Lessor - Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to be a tenant in that premises; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises Copyright, CNA All Rights Reserved. ate► you own, rent, or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 3. This insurance does not apply to: a. "Bodily injury,' "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products- completed operations hazard" A governmental permit which requires you to add the governmental entity as an additional insured will trigger this Provision 1. as if the permit were a written contract. 2. BODILY INJURY — EXPANDED DEFINITION SECTION V — DEFINITIONS, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 3. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Condition 2. Duties In The Event of Occurrence, Offense, Claim or Suit of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE U-- J0Q0Z -J tcu, U/-1Z) Page 3 of 12 G- 18652 -J (Ed. 07 -12) You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit" only when the "occurrence," offense, claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. B. NOTICE-OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury' or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 4. BROAD NAMED INSURED A. Any subsidiary or affiliate organization, other than a partnership, joint venture or limited liability company, in which a Named Insured specifically shown in the Declarations has management control, directly or through one or more subsidiary organizations, at the time of loss will qualify as a Named Insured but only if there is no other similar insurance available to such organization, nor similar insurance which would be available but for exhaustion of its limits. For the purpose of this provision, similar insurance means general liability or equivalent insurance, no matter whether its coverage is broader or narrower than that provided by this Insurance. But if the only other similar insurance is for a "consolidated (wrap -up) program," then a subsidiary that qualifies as a Named Insured on such project - specific insurance can still qualify as a Named Insured on this insurance, but not for projects covered by the "consolidated (wrap -up) program." [Please see Item 26.C. of this endorsement for the definition of "consolidated (wrap -up) program. "] B. This endorsement does not apply to any organization for which coverage is excluded by another endorsement attached to this policy. C. Only for the purpose of this endorsement: Copyright, CNA All Rights Reserved. �Z/ J 1. Management control means: a. Ownership interest representing more than 50% of the voting, appointment, or designation power for the subsidiary organization's governing body; or b. Having the right, pursuant to a written contract, or pursuant to the by -laws, charter, operating agreement, or similar document of a specifically shown Named Insured or controlled subsidiary organization to select, appoint, or designate a majority of the subsidiary organization's governing body. Such contract or document must have been created prior to the time of loss; or c. Having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer and sell property held by a trust. 2. Governing body means the Board of Directors of a corporation. 3. Loss means: a. The occurring of the "bodily Injury" or "property damage "; or b. The committing of the offense that caused the "personal and advertising injury." D. The insurance provided by this policy applies to Named Insureds when trading under their own names, or under such trading names or doing - business-as (DBA) names as any should choose to employ. 5. BROADENED LIABILITY COVERAGE FOR DAMAGE TO "YOUR PRODUCT" AND "YOUR WORK" G- 18652 -J (Ed. 07 -12) I. Damage to Your Work "Property damage" to "your work" arising out of it, or any part of it and included in the "products - completed operations hazard." This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) Fire; (b) Smoke; (c) Collapse; or (d) Explosion. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product" and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product- completed operations hazard." This sublimit does not apply to "property damage" to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. C. This Provision 5. Broadened Liability Coverage For Damage To "Your Product" And "Your Work" does not apply if an endorsement of the same name is attached to this policy. 6. CONTRACTUAL LIABILITY — RAILROADS A. Under SECTION I — COVERAGE A — BODILY With respect to operations performed within 50 feet INJURY AND PROPERTY DAMAGE of railroad property, the definition of "insured LIABILITY, Paragraph 2. Exclusions is amended contract" in SECTION V — DEFINITIONS is to delete exclusions k. and I. and replace them with the following: replaced by the following: [This insurance does not apply to:] k. Damage to Your Product "Property damage" to "your product" arising out of it, or any part of it except when caused by or resulting from: (1) Fire; (2) Smoke; (3) Collapse; or (4) Explosion. G-1 8652-J (Ed. 07 -12) Page 4 of 12 "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner Is not an "insured contract "; b. A sidetrack agreement; c. Any easement or license agreement; Copyright, CNA All Rights Reserved. aw► d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; That part of any other contract or agreement pertaining to your business (including an Indemnification of a municipality In connection with work performed for a municipality) under which you assume the tort liability of another party to pay for 'bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the Insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 7. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Under SECTION I — COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion e. Contractual Liability. This provision 7. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 8. ELECTRONIC DATA LIABILITY A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: [This insurance does not apply to:] p. Electronic Data G- 18652 -J (Ed. 07 -12) Page 5 of 12 G-1 8652-J (Ed. 07 -12) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury." B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most we will pay under Coverage A for all damages arising out of any one "occurrence" because of "property damage" that results from physical injury to tangible property and arises out of "electronic data." C. The following definition is added to the SECTION V — DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD -ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of the coverage provided by this endorsement, the definition of "property damage" in SECTION V — DEFINITIONS is replaced by the following: 17., "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, Inability to access, or inability to properly manipulate "electronic data," resulting from physical Injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this Copyright, CNA All Rights Reserved. r 4�A V/ policy, then the $100,000 limit provided by this Provision 8. Electronic Data Liability is part of, and not in addition to, that higher limit. 9. EXPANDED PERSONAL AND ADVERTISING INJURY - DISCRIMINATION OR HUMILIATION A. SECTION V — DEFINITIONS is amended to add the following to the definition of "Personal and advertising injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Under SECTION I — COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to add the following additional exclusions: [This insurance does not apply to:] Discrimination Relating To Room, Dwelling or Premises "Personal or advertising injury" caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. This provision 9. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 10. EXPECTED OR INTENDED INJURY Under SECTION I —COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion a. Expected or G- 18652 -J (Ed. 07 -12) Page 6 of 12 G- 18652 -J (Ed. 07 -12) Intended Injury and replace it with the following: [This insurance does not apply to :] a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises you own or rent, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most we will pay for the sum of: 1. All damages under Coverage A, except damages because of "bodily injury' or "property damage" included in the "products- completed operations hazard "; and 2. All medical expenses under Coverage C, that arise from "occurrences" or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by "occurrences" which cannot be attributed solely to ongoing operations at a single construction project, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard "; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. Copyright, CNA All Rights Reserved. AMALMM C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project Aggregate Limit or the General Aggregate Limit, depending on whether the "occurrence" can be attributed solely to ongoing operations at a particular construction project. D. 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," regardless of the number of locations involved will reduce the Products- Completed Operations Aggregate Limit shown in the Declarations. E. If a single construction project away from Premises owned by or rented to the insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS Any action in rem against any vessel owned or operated by or for you, or chartered by or for you will be treated in the same manner as though the action were in personam against you. In rem is a term used to designate actions instituted against the thing, as distinct from actions against the person, which are said to be in personam. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to "bodily injury" that arises out of a "health care incident," COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF SECTION I — COVERAGES is amended to replace Insuring Agreement Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to "bodily injury' only if you are not in the business of providing professional health care services, and only If: G- 18652 -J (Ed. 07 -12) (a) "Bodily injury' caused by a "health care incident" will be considered caused by an "occurrence "; and (b) All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single "occurrence "; (2) The "bodily Injury' occurs during the policy period. All "bodily injury" arising from an "occurrence" will be deemed to have occurred at the time of the first act, error, or omission that is part of the "occurrence "; and B. With respect only to the insurance provided by this Provision 13., Exclusion 2.e. Employer's Liability of SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, is amended to append the following: Only for "bodily injury" not covered by other liability insurance (including state - sanctioned self insurance) available to the insured (or which would be available but for exhaustion of its limits), this exclusion does not apply to "bodily injury" that arises out of a "health care incident." C. SECTION V — DEFINITIONS is amended to add the following new definition: "Health care incident" means a negligent act, error or omission by your "employees" or "volunteer workers" working on your behalf In the rendering of or failure to render professional health care services in any of the following capacities, or the related furnishing of food, beverages, medical supplies or appliances: a. Physician; b. Nurse; C. Emergency medical technician; d. Paramedic; e. Chiropractor; f. Dentist; g. Athletic trainer; h. Audiologist; I. Physical therapist; I. Psychologist; (1) The "bodily injury" is caused by an k. Speech therapist; "occurrence" that takes place in the I. Other allied health professional; or "coverage territory." For the purpose of this insurance: G- 18652 -J (Ed. 07 -12) Page 7 of 12 Copyright, CNA All Rights Reserved. m. Provider of first aid or Good Samaritan services rendered in an emergency and for which no payment is demanded or received. D. SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to add the following additional exclusions. These new exclusions apply only to this Incidental Health Care Malpractice Coverage: [This insurance does not apply to:] Dishonesty or Crime Any dishonest, criminal or malicious act, error or omission. Clinical Trials 1 Product Testing Acts, errors or omissions that occur in the course of human clinical trials or product testing. Medicare /Medicaid Fraud Medicare or Medicaid fraud or abuse. Services Excluded by Endorsement Any "health care incident" for which coverage is excluded by endorsement. E. SECTION V —DEFINITIONS is amended to add the following subparagraph to Paragraph f. of the definition of "insured contract ": Paragraph f. does not include that part of any contract or agreement: (4) Under which you assume another's tort liability for "bodily injury" arising out of the rendering of or failure to render professional health care services. F. SECTION II -- WHO IS AN INSURED is amended to add the following provisions: 1. Your "employees" are insureds with respect to: a. "bodily injury" to a co-"employee" while in the course of the co- "employee's" employment by you or while performing duties related to the conduct of your business; and b. "bodily injury" to a "volunteer worker" while performing duties related to the conduct of your business; when such "bodily injury" arises out of a "health care incident." 2. Your "volunteer workers" are insureds with respect to: G- 18652 -J (Ed. 07 -12) Page 8 of 12 GA 8652 -J (Ed. 07 -12) a. "bodily injury" to a co- "volunteer worker" while performing duties related to the conduct of your business; and b. "bodily injury' to an "employee" while in the course of the "employee's" employment by you or while performing duties related to the conduct of your business; when such "bodily injury" arises out of a "health care incident." 3. Paragraphs 2.a. (1)(a), (b) and (c) of SECTION II — WHO IS AN INSURED do not apply to "bodily injury" for which insurance is provided this Provision 13. 4. Paragraph 2.a.(1)(d) of SECTION II — WHO IS AN INSURED is deleted. G. With respect to the insurance provided by this Provision 13., the following is added to Paragraph 4.b.(1) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: To the extent this insurance applies, it is excess over any of the other insurance (including qualified self insurance), whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. 14. JOINT VENTURES / PARTNERSHIP I LIMITED LIABILITY COMPANIES A. The following is added to SECTION II — WHO IS AN INSURED: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period, but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; b. If there Is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; or c. To a joint venture, partnership or limited liability company which is or was insured under a "consolidated (wrap -up) insurance program." Copyright, CNA All Rights Reserved. [Please see Item 26.C. of this endorsement for the definition of "consolidated (wrap -up) program. '] B. The last paragraph of SECTION 11 — WHO IS AN INSURED is deleted and replaced by the following: Except as provided under the Contractors' General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization Is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured In the Declarations. 15. LEGAL LIABILITY /ALIENATED PREMISES/ BORROWED EQUIPMENT A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions Is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: [This insurance does not apply to:] J. Damage to Property "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work." Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to tools or equipment loaned to you. A separate limit of insurance applies to such tools or equipment that are damaged while being used in your operations. %.-J- iovac -a kau. ur - -I[j Page 9 of 12 G-1 8652-J (Ed. 07 -12) Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard." B. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE the last paragraph of Paragraph 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. C. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most we will pay under Coverage A for damages arising out of any one "occurrence" because of "property damage" to tools or equipment loaned to you by others that occurs while the equipment is being used to perform operations. D. Paragraph 6. Damage To Premises Rented To You Limit of SECTION III — LIMITS OF INSURANCE is replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we will pay under SECTION — I — COVERAGE A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with the permission of the owner, Including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or Copydght, CNA All Rights Reserved. a� b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(Ii) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (11) That is property insurance for premises rented to you, for premises temporarily occupied by you with the permission of the owner; or for personal property of others In your care, custody or control; F. This Provision 15. does not apply if Damage To Premises Rented To You Liability under SECTION — I — COVERAGE A is excluded by endorsement. 16. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverage as of the date the revision is effective in your state. 17. LIQUOR LIABILITY Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion c. Liquor Liability. This provision 17. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 18. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following; 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will. pay under SECTION — 1 — COVERAGE C for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. G-1 8652-J (Ed. 07 -12) This paragraph B. does not apply to medical expenses incurred in the state of Missouri. 18. NON -OWNED AIRCRAFT Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Paragraph 2. Exclusions is amended such that exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. The aircraft is rented to you with a trained, paid crew; and 3. The aircraft does not transport persons or cargo for a charge. 20. NON -OWNED WATERCRAFT Under SECTION 1— COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft and replace it with the following. [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge. 21. PRIMARY AND NON - CONTRIBUTORY TO OTHERINSURANCE With respect to any person or organization that is an additional insured under this Coverage Part, the following is added to Paragraph 4. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If you have agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary and we will not seek contribution from that other insurance. For the purpose of this Provision 21., the additional insured's own insurance means insurance on which the additional insured is a Named Insured. B. Paragraph 1.a.(3)(b) of SECTION I — This Provision 21. does not apply in situations COVERAGE C MEDICAL PAYMENTS, is where the endorsement on this policy affording replaced by the following: coverage to the additional insured specifies that this Insurance is excess over any other insurance (b) The expenses are incurred and reported to available to that additional insured. us within three years of the date of the 22 PROPERTY DAMAGE — ELEVATORS accident; and G- 18652 -J (Ed. 07 -12) Page 10 of 12 Copyright, CNA All Rights Reserved. A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended such that exclusion k. Damage to Your Product, and subparagraph (3), (4) and (6) of exclusion J. Damage to Property do not apply "property damage" that results from the use of elevators. B. With respect only to the coverage provided by this endorsement, Condition 4. Other 26. Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph b.(1)(a)(v): 4. Other Insurance b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (v) That is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $5,000: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If unintentionally you should fail to disclose all existing hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBGROGATION - BLANKET Under SECT ION 1 V — 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: G-1 8652--,J (Ed. 07 -12) 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. WRAP- UP EXTENSION: OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP -UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a "consolidated (wrap -up) insurance program" by applicable state statute or regulation: If the endorsement EXCLUSION — CONSTRUCTION WRAP -UP or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy, then the following changes apply: A. The following wording is added to the endorsement: With respect to a "consolidated (wrap -up) insurance program" project in which you are or were involved, this exclusion does not apply to those sums you become legally obligated to pay as damages because of: 1. "Bodily injury," "property damage," or "personal or advertising injury" that occurs during your ongoing operations at the project, or during such operations of anyone acting on your behalf; nor 2. "Bodily injury" or "property damage" included within the "products- completed operations hazard" that arises out of those portions of the project that are not "residential structures." B. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph 4.b.(1)(c) to Condition 4. Other Insurance: [This insurance is excess over:] 1. Your ongoing operations; or (c) Any of the other insurance whether primary, excess, contingent or any other basis that is 2. "Your work" included in the "products completed Insurance available to you as a result of operations hazard." your being a participant in a "consolidated G- 18652 -J (Ed. 07 -12) (wrap -up) insurance program," but only as Page 11 of 12 Copyright, CNA All Rights Reserved. respects your involvement in that "consolidated (wrap -up) insurance program," C. SECTION V — DEFINITIONS is amended to add the following definition: "Consolidated (wrap -up) insurance program" means a construction, erection or demolition project for which the prime contractorlproject manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved In the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). "Residential structure" means any structure where 30% or more of the square foot area is used or is intended to be used for human All other terms and conditions of the Policy remain unchanged. G-1 8652-J (Ed. 07 -12) residency including but not limited to single or multifamily housing, apartments, condominiums, townhouses, co- operatives or planned unit developments and also includes their common areas and/or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, collegetuniversity housing or dormitories, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. This provision 26. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. G- 18652 -J (Ed. 07 -12) Page 12 of 12 Material used with permission of ISO Properties, Inc Copyright, CNA All Rights Reserved. Policy #: 4028838475 G- 140331 -C (Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 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 Il - 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: 2. We will not provide the additional insured any broader coverage or any higher limit of Insurance than the least that is: 3. 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 4. b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the "written contract'; or c. "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. a. Required by the "written contract "; b. Described in B.I. above; or C. Afforded to you under this policy. 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," this insurance will be primary and non - contributory relative to insurance on which the additional insured is a Named Insured. 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 G- 140331 -C Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 (Ed. 10/10) !112 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; D. (2) Except as provided in Paragraph 13.3 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. G- 140331 -C (Ed. 10/10) 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." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by endorsement G- 140331 -C, or when Paragraph b. below applies. 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. G- 140331 -C Includes copyrighted material of Insurance Services Office, Inc., with Its permission Page 2 of 2 (Ed. 10110)