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HomeMy WebLinkAbout000462 Original ContractWITNESSETH: 1. Scone of Work. Concrete Cylinder Pipeline Replacement Project 2. Time for Performance Concrete Cylinder Pipeline Replacement Project PUBLIC WORKS CONTRACT City of Port Angeles Record #000462 This Contract is made and entered into in duplicate this 23 day of Mav, 2012. by and between the City of Port Angeles, a non charter code city of the State of Washington, hereinafter referred to as "the City," and Primo Construction, Inc.. a Washington Corporation, hereinafter referred to as "the Contractor." Whereas, the City desires to have certain public work performed as hereinafter set forth, requiring specialized skills and other supportive capabilities; and Whereas, the Contractor represents that it is qualified and possesses sufficient skills and the necessary capabilities to perform the services set forth in this Contract. NOW, THEREFORE, in consideration of the terms, conditions, and agreements contained herein, the parties hereto agree as follows: The Contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the following project: in accordance with and as described in A. this Contract, and B. the Project Manual, which include the attached plans, Specifications, Special Provisions, submittal requirements, attachments, addenda (if any), Bid Form, Performance and Payment Bond, and C. the 2012 Standard Specifications for Road, Bridge, and Municipal Construction prepared by the Washington State Depai tinent of Transportation, as may be specifically modified in the attached Specifications and /or Special Provisions, hereinafter referred to as "the standard specifications," and D. the most current edition of the City of Port Angeles' Urban Services Standards and Guidelines, and shall perform any alterations in or additions to the work provided under this Contract and every part thereof. The Contractor 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, except as may otherwise be provided in the Project Manual. Time is of the essence in the performance of this Contract and in adhering to the time frames specified herein. The Contractor shall commence work within ten (10) calendar days after notice to proceed from the City, and said work shall be physically completed within eighty (80) working days for Schedule A and twenty (20) working days for Schedule B after said notice to proceed, unless a different time frame is expressly provided in writing by the City. 3. Compensation and Method of Payment. A. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, and as incorporated in the Project Manual. B. Payments for work provided hereunder shall be made following the performance of such work, unless otherwise permitted by law and approved in writing by the City. No payment shall be made for any work rendered by the Contractor except as identified and set forth in this Contract. C. Progress payments shall be based on the timely submittal by the Contractor of the City's standard payment request form. D. Payments for any alterations in or additions to the work provided under this Contract shall be in accordance with the Request For Information (RFI) and/or Construction Change Order (CCO) process as set forth in the Project Manual. Following approval of the RFI and/or CCO, the Contractor shall submit the standard payment request form(s). E. The Contractor shall submit payment requests with a completed Application for Payment form, an example of which is included in the Attachments to this Contract. This form includes a lien waiver certification and shall be notarized before submission. Applications for Payment not signed or notarized shall be considered incomplete and ineligible for payment consideration. The City shall initiate authorization for payment after receipt of a complete Application For Payment and shall make payment to the Contractor within approximately thirty (30) days thereafter. 4. Independent Contractor Relationship. The relationship created by this Contract is that of independent contracting entities. No agent, employee, servant, or representative of the Contractor shall be deemed to be an employee, agent, servant, or representative of the City, and the employees of the Contractor are not entitled to any of the benefits the City provides for its employees. The Contractor shall be solely and entirely responsible for its acts and the acts of its agents, employees, servants, subcontractors, or representatives during the performance of this Contract. The Contractor shall assume full responsibility for payment of all wages and salaries and all federal, state, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, workers compensation insurance, social security, and income tax withholding. 5. Prevailine Waae Requirements. The Contractor shall document compliance with applicable prevailing wage requirements of the Washington State Department of Labor Industries, as set forth in Chapter 39.12 RCW and Chapter 296 -127 WAC and shall file with the City appropriate affidavits, certificates, and /or statements of compliance with the State prevailing wage requirements. The Washington State Prevailing Wage Rates For Public Works Contracts, Clallam County, incorporated in this Contract have been established by the Department of Labor Industries and are included as an Attachment to this Contract. The Contractor shall also ensure that any subcontractors or agents of the Contractor shall comply with the prevailing wage and documentation requirements as set forth herein. Concrete Cylinder Pipeline Replacement Project II -2 6. Indemnification and Hold Harmless. A. The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, employees, and volunteers against and from any and all claims, injuries, damages, losses, or lawsuits, including attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. It is further provided that no liability shall attach to the City by reason of entering into this Contract, except as expressly provided herein. B. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract. 7. Insurance. The insurance coverage shall be in accordance with and as described in the Washington State Department of Transportation Standard Specifications Division 1- 07.18. A. Verification of Coverage The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. B. Subcontractors 8. Compliance with Laws. The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. A. The Contractor shall comply with all applicable federal, state, and local laws, including regulations for licensing, certification, and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as set forth in the Project Manual. B. The Contractor shall pay any applicable business and permit fees and taxes which may be required for the performance of the work. Concrete Cylinder Pipeline Replacement Project II -3 C. 9. Non Discrimination. The Contractor shall comply with all legal and permitting requirements as set forth in the Project Manual. Non discrimination shall be in accordance with and as described in the Washington State Department of Transportation Standard Specifications and the Special Provisions Division 1- 07.11. 10. Assignment. A. The Contractor shall not assign this Contract or any interest herein, nor any money due to or to become due hereunder, without first obtaining the written consent of the City, nor shall the Contractor subcontract any part of the services to be performed hereunder without first obtaining the consent of the City. B. The Contractor hereby assigns to the City any and all claims for overcharges resulting from antitrust violations as to goods and materials purchased in connection with this Contract, except as to overcharges resulting from antitrust violations commencing after the date of the bid or other event establishing the price of this Contract. In addition, the Contractor warrants and represents that each of its suppliers and subcontractors shall assign any and all such claims for overcharges to the City in accordance with the terms of this provision. The Contractor further agrees to give the City immediate notice of the existence of any such claim. 11. Contract Administration. This Contract shall be administered by :re on behalf of the Contractor and by Eric C. Walrath. Proiect Manager. on behalf of the City. Any written notices required by the terms of this Contract shall be served or mailed to the following addresses: Contractor: -Or; mo Q0 r\3�YL&6 2C c `1 C Ca �tboY 5 Rd 12. Interpretation and Venue. This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington. Concrete Cylinder Pipeline Replacement Project II -4 City: City of Port Angeles P.O. Box 1150 321 East Fifth Street Port Angeles, WA 98362 -0217 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first set forth above. PRIMO CONSTRUCTION By: Clfil 9-Oges/ By: Title: Concrete Cylinder Pipeline Replacement Project II -5 CITY OF PORT ANGELES: Attest: City Manager Approved as to Fo (i‘e-' tr, City Attorney 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, Primo Construction, Inc as Pnncipal, and Safeco Insurance Company of America a corporation, organized and existing under the laws of the State of Washington, as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations as surety, are jointly and severally held and firmly bound to the City of Port Angeles in the penal sum of 1, 172, 534.92 for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators, or personal representatives, as the case may be. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances of the City of Port Angeles. Dated at Seattle The conditions of the above obligation are such that: WHEREAS, the City of Port Angeles has let or is about to let to the said Primo Construction, Inc. the above bounded Principal, a certain contract, the said contract being numbered and providing for CONCRETE CYLINDER PIPELINE REPLACEMENT PROJECT (which contract is referred to herein and is made a part hereof as though attached hereto), and WT02 2009/WT02 -2006 WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth; now, therefore, If the said Principal, Primo Construction, Inc. 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, subcontractors and material men, and all persons who shall supply said Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall indemnify and hold the City of Port Angeles 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 within a period of one year after its acceptance thereof by the City of Port Angeles, then and in that event, this obligation shall be void; but otherwise, it shall be and remain in full force and effect. Signed this 14 thday of May 20 12 Safeco Insurance Company of America Surety By Mary A. Dobbs Attorney -in -Fact Title 1001 Fourth Avenue, Suite 1300 Seattle, WA 98154 Surety Address Phil Mundt 206.473.4341 Surety Contact and Phone Number CITY OF PORT ANGELES Project No. CONTRACT BOND Bond to the City of Port Angeles Bond 23014242 Washington, this 14th day of May 20 21 1I -6 Pr eto Astructt n, ci J By MAY 1 5 2012 C' CX f Y"11() Pres tAP Title Kibble Prentice, a USI Company 601 Union St., Suite 1000, Seattle, WA 98101 Agent Address Mary A. Dobbs, 206.441.6300 Agent Contact and Phone Number December 2011 1 1 HI:P_OWEROATTORNEY IS NOT VALID UNLESS =IT_iS PRINTED'ON RED BACKGROUND. t, This Power of Attcvney limits the acts;of those named herein, and they -have no authority to bind the Company except inn the,manner and to the herein stated: a e Cert ifica_ to N Firs ComparyyofAmenCe General Insurance_Company of America Safeco Insurance ComparitofArterica _POWER_OF�ATTORNE` KNOWN ALLPERSONS'BYTHESE PRESENTS'. That Flat National Insurance=.CompanyofAmenca, General Insurance Company cif Amenca,:and Safeco Insurance Company of= Amenca arecorporations_duly organized under the laws_of the State'of New Hampshire herein -collecbvely_called the "Companies"), pursuant to and by authority herein set forth hereby name, Constitute and appoint; ROXANA PALACIOS, MARY A.;DOBBS; STEVEN_W. PALMER BONNYeSMITH, ANGELA D. SONNON; HOLLYULFERS, POA FNICA, GICA SICA LMS_12874_012012 3 Company all of t cityof �=S AULe ;state of =:wasHINGTON eachindividually if there be more than one named; itstrue and lawrul ettomey m- factto make; execute; seal; aGmowledge and=dehver, for and on itsbehalf as atiaty and =as its- ct and deeed,:any and -all undertakings bonds recogniians and ce: other'surety' blig`ations in pursuance of these`presents and== shall be as binding upon the Companies as If they have been duly signed by the president and attested by_thesecretary of the Companies,in their own persons.- _5 :.--a- --,-;:_--"_..--:---..----":',..,---,-...-1-": _1= c am_% IN WITNESS WHEREOF this Power_ of A ttorney has`ybeen subscnbed by an authonzed officer or officialmof the Companies and the corporate of the Companies havebeen affixed 5th March 2012 thereto this -day of r David M. Carey, Assistant Secretary First National Insurance Company of America Generalinsurance Company of America Safeco Insurance Company of America By tp Gregory W. Davenport, Assistant Secretary i 2 STATE OF WASHINGTON as C COUNTY OF KING,. a R 11 u ce On this 5th day da of March ce Y a 2012 before me rsonall a_red Gregory W Davenport who acknowled ed himself to be the Assistant Secretary of First National F e "p>' Ppe 9 p° 9 ry v d Insurance Conipanyof America, General Insurance- Company of Anienca, and Safeco Insurance Company of Amenca, and that he as_ such, being authorized so to do, execute the >1V O foregoing instrument for the purposes therein contained by on behalf of the corporations by himself as a duly authorized officer. 7 IN W IT WHEREOF, I have hereunto subscribed my name and'affixed my notarial seal at Seattle, Washington, on the day and year first above written. 0: pp.� to ri- r!K..a =.KD Riley, Notar Public te =e O II TO This Power of Attorney it made and executed pursuant -to and by authority of the following .By =law and Authorizations= of-First National Insurance Company of America, Genera 4 Insurance Company of America, and Safeco Insurance Company of America, which are now in full and effect reading as follows: ea "ARTICLE IV _OFFICERS Section 12 Power of Attorney, "Any officer or other official of the Corporation authorised for that purpo in se w riting by the Chairman or the President, and a II d C subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in =fact, as may be necessary to act in behalf of the Corporation to make, execute, 3 seal, acknowledge and deliver as surety any and all u ndertakings, bonds, recognizances and other surety obligations. Such attomeiys -in -fact, subject to the limitations s f in their c 1- R respec powers of attomey; shall havefull pow to bind the Corporation by signature and executed, such instruments-shall be as binding as if signed by the President and S attested to by the Secretary. Any power or suthority_granted to -any representative or attomey -in -fact under the provisions of this article m ay be revoked at any time by the Board, the -w C Chairman, the President or by the officer or officers granting such power or authority a 6 C o Designation The President of the _Company, acting_ pursuant to the Bylaws of -the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such 4.= v other surety obligations. attorneys- m_fact as may tie necessary to Oct act on behalf of the Company to make_, execute, seal, acknowledge and deliver -as surety any and all undertakings, bonds, recognizances and O e 0 O Authorization B :unanimous consent of the Corn an sBOard.of Directors, the Com anconsents that facsimile- r eprued:si nature of an assistant -_7 Y P Y_ P Y: Y od P _c 9 Y and biding upon rY of the Company,- wherever appearing uponla certifiedcopy of any- power ,of attorney issued try the Company -in connection with surety_bonds, _shall be valid the Company withthe same force and effect as though manually affixe "d. I, -David M. Carey, the undersi ned Assistant Secreta of- First- National Insurance Company of America, General Insurance= Compan of America, and Safeco Insurance Company of Y _9 _ry P Y r. Y America do- hereby certify that the original powefilf attoniey of which.ttte foregoing is efull above and foregoing is a true and correct copyof the "Power of Attorney executed by said Companies; a effect and has not Gees revoked l IN WHEREOF, I have 1 hereunto my Band and affxedthe sealsof said Companies th is day of 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TO. ESCROW AGREEMENT for RETAINED PERCENTAGE °p' Concrete Cylinder Pipeline Replacement Project Escrow No.: City of Port Angeles Contract No. Completion Date: ttatatilanar 'MOW S AS. THIS ESCROW AGREEMENT is for the investment of the retained percentage of the above contract, in accordance with chapter 6028 of the Revised Code of Washington. It is limited to FDIC insured Washington State Chartered Banks who are covered by the State of Washington Public Deposit Protection Act. The undersigned, (as "Contractor"), has directed the CITY OF PORT ANGELES (as "City"), to deliver to you its warrants which shall be payable to you and /or the contractor. The warrants are to be held and disposed of by you in accordance with the following instruction: INSTRUCTIONS 1 Upon delivery the warrants shall be endorsed by you and forwarded to the City for collection. You shall use the monies to purchase investments selected by the Contractor and approved by the City You may follow the last written direction received by you from the Contractor, for each purchase, provided the direction otherwise conforms with this agreement. Acceptable investments are: A Bills, certificates, notes or bonds of the United States, B. Other obligations of the United States or its agencies, C. Obligations of any corporation wholly owned by the Government of the United States, D. Indebtedness of the Federal National Mortgage Association; E. Time deposits in commercial banks; F. Other investments, except stocks, selected by the Contractor, subject to express prior written consent of the City. 2 The investments shall be in a form which allows you alone to reconvert them into money rf you are required to do so by the City 3 The investments must mature on or prior to the date set for the completion of the contract, including extension there of or thirty (30) days following the final acceptance of the work 4. When interest on the investments accrues and is paid, you shall collect the interest and forward it to the Contractor unless otherwise directed by the Contractor 5 You are not authorized to deliver to the Contractor all or any part of the investments held by you pursuant to this agreement (or any monies derived from the sale of such investments, or the negotiation of the City's warrants) except in accordance with the written instructions from the City Compliance with such instructions shall relieve you of any further liability related thereto. 6. In the event the City orders you, in writing, to reconvert the investments and return all monies, you shall do so within thirty (30) days of receipt of the order. 7. The Contractor agrees to compensate you for your services in accordance with your current published Concrete Cylinder Pipeline Replacement Project II -7 schedule of applicable escrow fees. Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any monies placed with you pursuant to this agreement until and unless the City directs the release to the Contractor of the investments and monies held hereunder, whereupon you shall be entitled to reimburse yourself from such monies for the entire amount of your fee 8. This agreement shall not be binding until signed by both parties and accepted by you 9. This document contains the entire agreement between you, the Contractor, and the City, with respect to this Escrow, and you are not a party to, nor bound by any instrument or agreement other than this. You shall not be required to take notice of any default or any other matter, nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided. You shall not be liable for any loss or damage not caused by your own negligence or willful misconduct Fede By: Title- 1 C PP n Address `�'1 c l a t-V1 r C'J DATE off l' /CV CONTRACTOR CITY 0 By: Title: }-erl n eJ ✓Y1d.»ezg,G�" DATE 'SJ49 r T ANGELES THE ABOVE ESCRO AGREEM N RECEIVED AN? ACCEPTED on the/ day of 2d� BANK r �I ,�f� BY 4 CP v �U Title Al 1 W Address: i s DISTRIBUTIa-1/11-7 "1-1 4111k-- City Clerk Financial Institution Contractor File Copy 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 Kibble Prentice, a USI Co 601 Union Street, Suite 1000 Seattle, WA 98101 INSURED INSR I A A Client#: 322294 PRIMOCON3 ACORDTM CERTIFICATE OF LIABILITY INSURANCE X X Primo Construction, Inc. 970 Carlsborg Road Sequim, WA 98382 -8391 X UMBRELLA LIAR EXCESS UAB TYPE OF INSURANCE A GENERAL UABIUTY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR XI PD Ded: $5,000 GEN'L AGGREGATE LIMIT APPLIES PER I POLICY I XI PE a I LOC A AUTOMOBILE UABIUTY ANY AUTO AL OWNED SCHEDULED AUUTOS S L_J AUTOOS NON -OWNED HIRED AUTOS AUTOS 1 DED 1 X1 RETENTIONS10.000 WORKERS COMPENSATION AND EMPLOYERS' LABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, descnbe under DESCRIPTION OF OPERATIONS below CERTIFICATE HOLDER X OCCUR CLAIMS -MADE ACORD 25 (2010/05) 1 of 1 #S7274289/M70754150 Y/N N City of Port Angeles Public Works Utilities Dept P.O. Box 1150 Port Angeles, WA 98362 X CLP3568352 CAP3568354 04/01/2012 CUP2592888 XS of GL, Auto Employers Liab. CLP3568352 WA Stop Gap Only NAME CT Colleen MacLafferty PHONE 206 -695 -9171 IA/C No. Extl: E-MAIL DDRE c icertre uest^usi.biz ADDRESS: q `l: INSURER(S) AFFORDING COVERAGE INSURERA: Bituminous Casualty Corporation INSURER B INSURER C INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 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 ADDL SUBR I POLICY EFF POLICY EXP INSR WVD POLICY NUMBER I (MM/DD/YYYY) (MM/DD/YYYYI 04/01/2012 04/01/20131 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) 04/01/2012 1 04/01/2012 04/01/2011 DESCRIPTION OF OPERATIONS/LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Concrete ender Replacement Project No. WT02- 2009/WT02 -2006. The City of Port Angeles, its officers, officials, employees and volunteers are Additional Insured and coverage is primary and non contributory per attached endorsement. CANCELLATION AUTHORIZED REPRESENTATIVE MED EXP (Any one person) PERSONAL ADV INJURY GENERAL AGGREGATE PRODUCTS COMP/OP AGG 04/01/20131 EACH OCCURRENCE 1AGGREGATE 4/. UNITS 04/01/20131 CO MBIIN SINGLE UMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) WC STAT- TORY LIMITS E L EACH ACCIDENT 1 E L DISEASE EA EMPLOYEE E L DISEASE POLICY LIMIT CNMJU 1 OTH- FR DATE (MM/DD/YYYY) 5/21/2012 FAX 610 362 -8518 NAIL 20095 51,000,000 100,000 810.000 1,000,000 2,000,000 2,000,000 $1 ,000,000 $2.000.000 $2.000.000 $1.000,000 81.000.000 $1.000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 Who Is An Insured is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project This insurance is excess of all other insurance available to the additional insured, whether pnmary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL -4667 (01/11) Includes Copyrighted Material of Insurance Services Office With Its Permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section 11 Who Is An Insured is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the project designated in the contract, performed for that additional insured and included in the "products- completed operations hazard This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL -4665 (01/11) Includes Copyrighted Material of Insurance Services Office With Its Permission