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07/20/2021 06.F. Resolution authorizing a contract with Thayer Excavating L LC for Wetland Mitigation Area Construction Project 2549 as part of Phase 2 of the Spring Creek Road I mprovments 1 14.4111\l'A 1—coi• oriV4 rr 11 i "i enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.F. For Meeting of: July 20, 2021 ITEM TITLE: Resolution authorizing a contract with Thayer Excavating L LC for Wetland Mitigation Area Construction Project 2549 as part of Phase 2 of the Spring Creek Road I mprovments SUBMITTED BY: Scott Schafer, Director of Public Works Bill Preston, PE, City Engineer- (509) 575-6754 SUMMARY EXPLANATION: In April 2015, the Yakima City Council established that development of the Yakima Sports Complex was an economic development priority for the City of Yakima. The City of Yakima (City) entered into agreements with SOZO, a Washington non-profit corporation, for a public-private partnership to create multiple soccer fields, parking lots and related improvements. It was recognized that improvements to the existing public streets in the vicinity of the proposed Yakima Sports Complex would improve public safety, facilitate access to the development and improve the neighborhood. Construction of Phase 1 was completed in 2019 and Phase 2 is currently under construction. The City is obligated to establish a wetland mitigation site adjacent to Billy's Pond within the Wastewater Treatment Plant Property as mitigation for Phase 2 of the Spring Creek Road Improvements. This contract is for the dirt work associated with the wetland mitigation. The City of Yakima used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects. Thayer Excavating LLC was the only contractor to submit a bid. Work includes excavation including hauling, crushing surface top course, topsoil type A and other work to prepare the area for future plantings. Attached for City Council review is the contract with Thayer Excavating LLC in an amount not to exceed $496,597. The project is to be funded out of Arterial Streets Capital Fund 142. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER 2 RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type D reso 7/14/2021 Cotter Memo D Award Letter and Contract 7/7/2021 Contract 3 RESOLUTION NO. R-2021- A RESOLUTION authorizing an agreement with Thayer Excavating LLC to establish wetland mitigation site within the Wastewater Treatment Plant property for Project 2549 WHEREAS, pursuant to law, the City needs to establish a wetland mitigation site adjacent to Billy's Pond within the Wastewater Treatment Plant Property as mitigation for the Spring Creek Road project 2428; and WHEREAS, the wetland mitigation will consist of excavation including hauling, crushing surface top course, topsoil type A and other work, all to be constructed in accordance with the plans and specifications outlined in the scope of work; and WHEREAS, the City of Yakima used the procedure established by Washington State law for the bidding and awarding of public capital improvement projects; and WHEREAS, Thayer Excavating LLC submitted the low bid and has the ability to correctly construct and install the improvements at a cost of$496,597; and WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its residents to enter into the contract to establish the required wetland mitigation area; now, therefore, and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute a Professional Services Agreement with Thayer Excavating LLC, attached hereto and incorporated herein by this reference, not to exceed Four Hundred and Ninety Six Thousand Five Hundred and Ninety Seven Dollars and ($496,597) to provide the Professional Services to establish a wetland mitigation site as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 20'h day of July, 2021. Patricia Byers, Mayor ATTEST: Sonya Clear Tee, City Clerk 4 -�,;::�`;_ DEPARTMENT OF PUBLIC WORKS +� Scott Schafer, Director Engineering Division s,' 'r 1 129 North Second Street ',Nallir\ ' Yakima, Washington 98901 (509) 575-6111 • Fax (509) 576-6305 1 June 28, 2021 Thayer Excavating, LLC 2131 Riverbottom Road Ellensburg,WA 98926 Re Spring Creek Road Improvement Project, Ph.3, Wetland Mitigation Area Construction City Project No.: 2549 Dear Sirs, The City Manager of the City of Yakima has authorized an award of the contract for the above referenced project to your company on the basis of your bid submitted on June 21, 2021 in the amount of $496,596.79. This letter is official notification of the award of the contract to your company by the City of Yakima. Enclosed are a copy of the proposal, three copies of the contract and a contract bond form. Please sign and return all copies of the contract form to this office, along with the fully executed performance bond and certificate of insurance, within ten (10) calendar days. When these items have been approved, the City will execute the contract form and bind a signed contract, certificate, and proposal into three (3) sets of contract documents. The three completed sets of documents will be distributed to the City Clerk, City Engineer and Contractor. Once the Contract Bond and Insurance Certificate have been approved we will notify you to contact Bruce Floyd, Construction Supervisor, of our office to schedule a pre-construction conference and to discuss various forms and documentation that must be completed and turned into him at the Pre-construction Conference. The Notice to Proceed will also be discussed at the Pre-construction Conference. Bruce's office phone is (509) 575-6138. For your information, we are enclosing a copy of the bid summary for this project. Sincerely, ,....3_,6,--- Bill Preston, PE City Engineer encl. cc Bruce Floyd,Construction Engineer Randy Tabert,Acting Senior Engineer Brenda Fehlhafer,Contract Specialist File 5 CONTRACT THIS AGREEMENT,made and entered into in triplicate,this day of ,2021,by and between the City of Yakima hereinafter called the Owner,and Thayer Excavating;LLC,a Washington Limited Liability Company 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: $496,596.79,for Spring Creek Road Improvement Project,Phase 3—Wetland Mitigation Area Construction#2549,all in accordance with, and as described in the attached specifications and the 2021 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 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,induding but not limited to,attomey'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 day of 2021. ,w IGRcaa cd.'roti, ,a GA. Corporation Contractor 4 By: -�. i - 4// Attest: City Manager Tod d a cY (Print Name) V City Clerk Its: (President,Owner,etc.) Address: 2t 31 Q4d.f.,v Pav i R €UwA-n4 , cam- 4$412 G BID SUMMARY THAYER EXCAVATING ENGINEERS LLC SPRING CREEK ROAD IMPROVEMENT PROJECT,PHASE 3 ESTIMATE WETLAND MITIGATION AREA CONSTRUCTION Ellensburg,WA CITY PROJECT NO.2549 REM Bid Security 5%BID BOND NO. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 MOBILIZATION 1 LS $30,000.00 $30,000.00 $45,145.16 $45,145.16 2 CLEARING AND GRUBBING 1 LS $15,000.00 $15,000.00 $5,000.00 $5,000.00 3 WETLAND EXCAVATION INCL.HAUL 11,985 CY $15.00 $179,775.00 $13.73 $164,554.05 4 CRUSHED SURFACING TOP COURSE 700 TON $25.00 $17,500.00 $20.00 _ $14,000.00 5 ESC LEAD 5 DAY $500.00 $2,500.00 $1,000.00 $5,000.00 6 SILT FENCE 3,460 LF $6.00 $20,760.00 $5.00 $17,300.00 7 WATTLE 1,183 LF _ $5.00 $5,915.00 $5.00 $5,915.00 8 EROSION CONTROL AND WATER POLLUTION PREVENTION 1 EST $20,000.00 $20,000.00 $20,000.00 $20,000.00 9 SEEDING AND MULCHING 1.55 ACRE $3,500.00 $5,425.00 $7,462.63 $11,567.08 10 TOPSOILTYPEA 7,510 SY $6.70 $50,317.00 $18.95 $142,314.50 11 REPAIR OR REPLACEMENT 1 EST $10,000.00 $10,000.00 $10,000.00 $10,000.00 12 WIRE FENCE TYPE 1 1,310 LF $15.00 $19,650.00 $30.00 $39,300.00 13 MINOR CHANGES 1 EST $15,000.00 $15,000.00 $15,000.00 $15,000.00 _ 14 SPCC PLAN 1 LS $500.00 $500.00 $1,500.00 $1,500.00 15 ELECTRONIC TICKETING SYSTEM 1 LS $6,000.00 $6,000.00 $1.00 $1.00 BID TOTALS: $398,342.00 $496,596.79 CITY ENGINEERS REPORT ------�.,,,,,x, COMPETITIVE BIDS WERE OPENED ON JUNE 21,2021. � 01' YA 'l,, CITY OF YA K I M A ALL BIDS HAVE BEEN REVIEWED BY THIS OFFICE. , •.•••" • •-.�-,'''t Spring Creek Road Improvement Project, Phase 3 I RECOMMEND THE CONTRACT BE AWARDED TO: .•,� +y� THAYER EXCAVATING,LLC �; % AWARD MADE BY CITY MANAGER Wetland Mitigation Area Construction `:� `, r • CITY PROJECT NO. 2549 Z ',,,'*�� r .•µ--'' 612212021 aat DATE: June 12,2021 U ���h (''trn,, \'� . FILE:Spring Creek Ph 3 Wetland Mitigation Bid Summary.pub ATE CITY ENGINEER 1��', "'''-'� DATE CITY MANAGER ����"��"����' SHEET 1 of 1 7 CONTRACT BOND BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Yakima,Washington has awarded to Thayer Excavating, LLC (Contractor)hereinafter designated as the"Principal"a contract for the construction of the project designated Spring Creek Road Improvement Project, Phase 3 —Wetland Mitigation Area Construction#2549, all as hereto attached and made a part hereof and whereas,said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW,THEREFORE, we,the principal, and— (Surety), a corporation, organized and existing under and by virtue of the laws of the State of_ ,duly authorized to do business in the State of Washington,as surety, are jointly and severally held and firmly bound unto the City of Yakima,Washington, in the penal sum of$ (Total Contract Amount)lawful money of the United States,the payment of which we jointly and severally bind ourselves,our heirs,executors,administrators and assigns,and successors and assigns,firmly by these presents. THE CONDITIONS OF THIS BOND 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 materialmen;the claims of any person or persons arising under the contract to the extent such claims are provided for in RCW 39.08.010;the state with respect to taxes imposed pursuant to Titles 50, 51 and 82 RCW which may be due; 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 indemnity 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 appearing or developing in the material or workmanship provided or performed under said contract after its acceptance thereof by the City of Yakima,Washington,and all claims filed in compliance with Chapter 39.08 RCW are resolved and all taxes pursuant to Titles 50 and 51 and 82 RCW have been paid,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 ,2021. (PnncipalJ By: (Signature) (Pont Name) Approved as to forth: (Title) (City Attorney) (Surety) By: (Signature) (Pont Name) (Title) ,4CCPR EP� CERTIFICATE OF LIABILITY INSURANCE EFATE(MM/DD/YYW) 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 CONTACT Insurance Agent NAME: PHONE FAX Address (A/C,No,Ext): (NC,No): E-MAIL ADDRESS: City,State,ZIP Code PRODUCER CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: „VII or better admitted carrier** Contractors Name INSURER B: Contractors Address INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: (Certificate No.) REVISION NUMBER: See below 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTRINSR VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYW) A GENERAL LIABILITY X Policy No. Date Date EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTEDPREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR 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 POLICY X LOC $ A AUTOMOBILE LIABILITY Policy No. co Date Date COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) • BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED DAMAGE AUTOS $ HIRED AUTOS (Per accident) NON-OWNED AUTOS $ l?‘ A X UMBRELLA LIAB X OCCUR olicy Date Date EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WWC RY LIMITSATU- x OTH- A AND EMPLOYERS'LIABILITY Y/N Policy No. Date DateER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A Stop Gap EL Only (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) (Project Name and Project Number)The City of Yakima,their agents,employees,volunteers,and elected and appointed officials are additional insured under general liability if required by written contract. 10 Days Notice of Cancellation due to Non-payment of Premium. 30 Days Notice for all other reasons. CERTIFICATE HOLDER CANCELLATION 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 Yakima,WA 98901 AUTHORIZED REPRESENTATIVE Agent Signature (This certificate replaces certificate#1995446 issued on 11/1/2010) ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD 9 COMMERCIAL GENERAL LIABILITY WNGL490715 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or or- additional insureds, the following additional exclu- ganization for whom you are performing opera- sion applies: tions when you and such person or organization This insurance does not apply to: have agreed in writing in a contract or agreement 1. "Bodilyinjury", that such person or organization be added as an 1 ryn "property damage"out or"personalt9 and advertising injury" arising of the ren- additional insured on your policy. Such person or dering of, or the failure to render, any profes- organization is an additional insured only with re- sional architectural, engineering or surveying spect to liability for "bodily injury", "property dam- services, including: age" or "personal and advertising injury" caused, a. The preparing, approving, or failing to pre- in whole or in part, by: pare or approve, maps, shop drawings, 1. Your acts or omissions; or opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and specifica- behalf; tions; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. A person's or organization's status as an additional This exclusion applies even if the claims insured under this endorsement ends when your against an additional insured allege negli- operations for that additional insured are complet- gence or other wrongdoing in the supervision, ed. hiring, employment, training or monitoring of However: others by that insured, if the "occurrence" 1. The insurance afforded to such additional in- which caused the "bodily injury" or "property sured only applies to the extent permitted by damage", or the offense which caused the law; and personal and advertising injury", involved the rendering of or failure to render any profes- 2. If coverage provided to the additional insured sional services by you with respect to your is required by a contract or agreement, the in- providing engineering, architectural or survey- surance afforded to such additional insured ing services in your capacity as an engineer, will not be broader than that which you are re- architect or surveyor. quired by the contract or agreement to provide for such additional insured. WN GL 49 07 15 Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 10 2. "Bodily injury" or "property damage" occurring D. The following is added to the Other Insurance after: Condition and supersedes any provision to the a. All work, including materials, parts or contrary: equipment fumished in connection with Primary And Noncontributory Insurance such work, on the project (other than ser- This insurance is primary to and will not seek vice, maintenance or repairs) to be per- any contribution from any other insurance formed by or on behalf of the additional in- available to an additional insured under your sured(s) at the location of the covered policy provided that: operations has been completed; or b. That portion of "your work" out of which (1) The additional insured is a Named Insured the injury or damage arises has been put under such other insurance; and to its intended use by any person or or- (2) You have agreed in writing in a contract or ganization other than another contractor or agreement that this insurance would be subcontractor engaged in performing op- primary and would not seek contribution erations for a principal as a part of the from any other insurance available to the same project. additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: 1. The minimum amount required by the contract or agreement; or 2. The Limits of Insurance shown in the Declara- tions; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. WN GL 49 07 15 Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 11 POLICY NUMBER: LIG0016702 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 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 Projects: In consideration of the premium charged, it is hereby agreed that the General Aggregate Limit set forth in declarations shall apply separately to each of your projects apart from premises owned by or rented to you. Notwithstanding the above, under no circumstances will the total amount recoverable under the General Aggregate Limit exceed $5,000,000.00 any one policy period for all projects combined. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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 COVERAGE A (SECTION expenses shall reduce the Designated I), and for all medical expenses caused by Construction Project General Aggregate Limit accidents under COVERAGE C (SECTION I), for that designated construction project. Such which can be attributed only to ongoing payments shall not reduce the General operations at a single designated construction Aggregate Limit shown in the Declarations project shown in the 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, Fire Damage and Medical 2. The Designated Construction Project General Expense continue to apply. However, instead Aggregate Limit is the most we will pay for the of being subject to the General Aggregate sum of all damages under COVERAGE A, Limit shown in the Declarations, such limits except damages because of "bodily injury" or will be subject to the applicable Designated "property damage" included in the "products- Construction Project General Aggregate Limit. completed operations hazard", and for B. For all sums which the insured becomes legally medical expenses under COVERAGE C obligated to pay as damages caused by regardless of the number of: "occurrences" under COVERAGE A (SECTION a. Insureds; I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), b. Claims made or"suits" brought; or which cannot be attributed only to ongoing c. Persons or organizations making claims or operations at a single designated construction bringing "suits". project shown in the Schedule above: CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 0 12 1. Any payments made under COVERAGE A for E. The provisions of Limits Of Insurance (SECTION damages or under COVERAGE C for medical III) not otherwise modified by this endorsement expenses shall reduce the amount available shall continue to apply as stipulated. under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or 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. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CG 25 03 03 97 0