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Vanguard - VERBS Safe Route to SchoolSECTION 00500 F14:104ALIA M Gilroy VERBS Safe Routes to School, Project No. 12 -PW -199, Federal Project No. RPSTPLE- 5034 (024) THIS AGREEMENT, made this / of�t. day of CC,- 20 (2-. by and between the City of Gilroy , hereinafter called the "City," and cch f ✓•Jc f %ft•1 hereinafter called the "Contractor." WITNESSETH: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the Gilroy VERBS Safe Routes to School, Project No. 12 -PW -199, Federal Project No. RPSTPLE- 5034 (024), as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City. and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810 -2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents. Article 3. Liquidated Damages. THE CITY AND THE CONTRACTOR RECOGNIZE THAT THE CITY WILL SUFFER SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED Project No. 12 -PW -199, Gilroy VERBS Safe Routes to School Section 00500 -1 Federal Project No. RPSTPLF -5034 (024) IN THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR HEREBY ACKNOWLEDGE AND AGREE THAT THE DAMAGES AND FINANCIAL LOSS SUSTAINED AS A RESULT OF ANY SUCH DELAYS IN PERFORMANCE WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. THEREFORE, THE CITY AND CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF.SUCH DELAYS IN PERFORMANCE, THE CITY SHALL BE ENTITLED TO COMPENSATION BY WAY OF LIQUIDATED DAMAGES (AND NOT PENALTY) FOR THE DETRIMENT RESULTING THEREFROM IN ACCORDANCE WITH PARAGRAPH 00700 -6.5, LIQUIDATED DAMAGES, OF THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR FURTHER AGREE THAT THE AMOUNTS DESIGNATED AS LIQUIDATED DAMAGES ARE A REASONABLE ESTIMATE OF THE CITY'S DAMAGES AND FINANCIAL LOSS IN THE EVENT OF ANY SUCH DELAYS IN PERFORMANCE CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF SUCH AMOUNTS TO THE RANGE OF HARM TO THE CITY WHICH REASONABLY COULD BE ANTICIPATED AS OF THE DATE OF THIS AGREEMENT AND THE EXPECTATION THAT PROOF OF ACTUAL DAMAGES WOULD BE EXTREMELY DIFFICULT AND IMPRACTICAL. BY INITIALING THIS PARAGRAPH BELOW, THE PARTIES HERETO SIGNIFY THEIR APPR CONSENT TO THE TERMS OF THIS ARTICLE 3. x9l City's Initials Contractors Initials Article 4. Contract Price. In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents. Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and all of the following attachments to this Agreement, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Project No. 12 -PW -199, Gilroy VERBS Safe Routes to School Section 00500 -2 Federal Project No. RPSTPLE -5034 (024) Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications Technical Specifications Drawings Addenda, if any Executed Change Orders, if any Notice of Award Notice to Proceed . Article 6. Miscellaneous. Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meetings set forth in Section 01090, References. Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City's sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents. Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, agents or representatives of the City or its successor and assigns. In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a patent act or Project No. 12 -PW -199, Gilroy VERBS Safe Routes to School Section 00500 -3 Federal Project No. RPSTPLE -5034 (024) omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. IN WITNESS WHEREOF, this agreement has been executed on this l °!day of btv-- ,.2012- /,-& v#n kztk-k Name .of Contractor Signature of Title of Signator ATTEST: Signature Title of Signatory Approved as to foam: Cif Attorney C. Signature of City of Signator ** *END OF SECTION * ** Title f ignator Project No. 12 -PW -199, Gilroy VERBS Safe Routes to School Section 00500 -4 Federal Project No. RPSTPLE -5034 (024) ACOP °f CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 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 Arthur J. Gallagher & CO. 3697 Mt. Diablo Blvd., Suite 300 Lafayette, CA 94549 CONTACT NAME: PHONE A/C No E-MAIL ADDRESS: GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAIC # 4014291109 INSURER A 3/25/2013 www.aig.com 0726293 INSURED FBD Vanguard Construction, Inc. dba: Vanguard Construction INSURER 6 COMMERCIAL GENERAL LIABILITY INSURERC: Fireman's 651 Enterprise Ct. Livermore, CA 94550 -5200 INSURER D: Zur7Ch American Insurance INSURER E: $ 1 00:000 INSURER F: $ 5,000 COVERAGES CERTIFICATE NUMBER: 141 229 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. ILTR TYPE OF INSURANCE ADDL U R POLICY NUMBER POLICY EFF POLICY M/D EXP LIMITS A GENERAL LIABILITY 4014291109 3/25/2012 3/25/2013 EACH OCCURRENCE $ 2,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE T RENTED PREMISES Ea occurrence $ 1 00:000 MED EXP (Any one person) $ 5,000 CLAIMS -MADE ❑ OCCUR PERSONAL & ADV INJURY $ 2,000,000 XCU Included Contractural Liab GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ 4,000,000 POLICY PRO• LOC Deductible $ $5,000 B AUTOMOBILE LIABILITY 4013610249 3/25/2012 3/25/2013 Ea CO aBINED SINGLE LIMIT $ 1000 000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS H'/ BODILY INJURY Per accident ( ) $ NON -OWNED HIRED AUTOS AUTOS PROPERTY AMAGE Per accident $ $ form CA 000103 06 $ C UMBRELLA LIAR OCCUR SSE00024201725 3/25/2012 3/25/2013 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 10,000,000 DED RETENTION$0 $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUD ED? NIA A WC489238202 2/112012 2/1 /2013 OR Y L STATU- GR- w IMI E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT Is 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) City of Gilroy is included as additional insured for General Liability per form G- 140331 -C31 10/10 attached (Primary Wording Included). Waiver of Subrogation applies for General Liability per form G- 18652 - 107/09 attached. The above Additional Insured, Primary Wording and Waiver of Subrogation Endorsements are only valid if requested by written contract. V G986 Proiect: VERBS Safe Route r' t -1 T 4 -CERTIFICATE City of Gilroy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Putlic Works Department 7351 Rosanna Street ACCORDANCE WITH THE POLICY PROVISIONS. Gilroy CA 95020 AUTHORIZED REPRESENTATIVE Jamie Yaudes ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CERT NO.: 14165229 CLIENT CODE: 1997 -02 -03 15:55:28.803 Jamie Yaudes 9/24/2012 9:08:49 AM Page 1 of 11 4014291109 9/24/2012 FBD Vanguard Construction, Inc. G- 140331 -C31 Ed. 10/10) CNA 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 M lroc� ruby "written contract" per Paragraph X below.) ic Works Department 7351 Rosanna Street Gilroy CA 95020 Locations of Covered Operations (As per the "written contract", provided the location is within the "coverage territory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury", "property damage ", or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or 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. 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. Required by the "written contract "; b. Described in 6.1. above; or c. Afforded to you under this policy. 3. 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. 4. The insurance provided to the additional insured does not apply to "bodily injury", "property damage ", or "personal and advertising injury arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an G- 140331 -C31 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 (Ed. 10110) -RDF.created witlw pdfFactcw-g3FArot dai3versionmmARodffa HWRWn 2 of 11 CNA additional insured on another endorsement attached to this Coverage Part, C. SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit' that does result; (2) Except as provided in Paragraph B.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 -C31 Ed. 10/10) We have no duty to defend or pay on behalf of 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 -C31, or when Paragraph b. below applies. D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage "; or b The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. G- 140331 -C31 Includes copyrighted material of Insurance Services Office, Inc., with its permission (Ed. 10110) cRDF. created wWv p (Factoty3 W* W ai3veratonmompidffaeto✓PsOM 3 of �1 Page 2 of 2 4014291109 9/24/2012 FBD Vanguard Construction, Inc. G- 18652 -1 CNA(Ed. 07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE Coverages are summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement. 1. Miscellaneous Additional Insureds 13. Liberalization Clause 7 additional insured extensions. 14. Unintentional: Failure To Disclose Hazards 2. Employees As Insureds — Health Care Services 3. Joint Ventures /Partnership /Limited Liability Companies Coverage for your interest in such terminated or ended organizations. 4. Expanded Personal And Advertising Injury 5. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident. 6. Legal Liability And Borrowed Equipment Extended perils. Limit increased to $200,000 for Damage to Premises Rented To You 7. Non -owned Watercraft Increased to 55 feet. 8. Non -owned Aircraft Coverage 9. Contractual Liability For Personal And Advertising Injury 10. Supplementary Payments Cost of bail bonds increased to $2,500. Daily loss of earnings increased to $1,000. 11. Liquor Liability Coverage Extension 12. Newly Formed Or Acquired Organizations Coverage extended to the end of the policy period. 15. Notice of Occurrence 16. Broad Knowledge of Occurrence 17. Aggregate Limits Per Project 18. Bodily Injury — Extension of Coverage 19. Expected Or Intended Injury Reasonable force -- bodily injury or property damage. 20, Wrap -Up Extension 21. Contractual Liability — Railroads Expanded definition of "insured contract." 22. Blanket Waiver of Subrogation Waiver of subrogation where required by written contract or written agreement, 23. In Rem Actions G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (Ed. 07/09) cRDF. created wit pdfFact4or-y3P�r* Wal3veraion 43dffackwAom 4 - 11 Page 1 of 8 G- 18652 -1 C/VA (Ed. 07/09) 1. MISCELLANEOUS ADDITIONAL INSUREDS b. Controlling Interest Section 11 Who Is An Insured is amended to Any persons or organizations with a include as an insured any person or organization controlling interest' in you but only with (called additional insured) described in Paragraphs respect to their liability arising out of: 2.a. through 2.g. below whom you are required to (1) Their financial control of you; or add as an additional insured on this policy under a written contract or written agreement. However, the (2) Premises they own, maintain or written contract or written agreement must be: control while you lease or occupy these premises. 1. Currently in effect or becoming effective during the term of this policy; and This insurance does not apply to structural alterations, new construction 2. Executed prior to the "bodily injury," and demolition operations performed by "property damage" or "personal injury and or for such additional insured. advertising injury," but c. Managers or Lessors of Premises Only the following persons or organizations are additional insureds under this endorsement and ' A manager or lessor of premises but coverage provided to such additional insureds is only with respect to liability arising out of limited as provided herein: the ownership, maintenance or use of that specific part of the premises leased a. State or Governmental Agency or to you and subject to the following Subdivision or Political Subdivisions additional exclusions: A state or governmental agency or This insurance does not apply to: subdivision or political subdivision subject to the following provisions: (1) Any "occurrence" which takes place after you cease to be a tenant in (1) This insurance applies only with that premises; or respect to the following hazards for which the state or governmental (2) Structural alterations, new agency or subdivision or political construction or demolition subdivision has issued a permit or operations performed by or on authorization in connection with behalf of such additional insured, premises you own, rent, or control d. Mortgagee, Assignee or Receiver and to which this insurance applies: A mortgagee, assignee or receiver but (a) The existence, maintenance, only with respect to their liability as repair, construction, erection, or mortgagee, assignee, or receiver and removal of advertising signs, arising out of the ownership, awnings, canopies, cellar maintenance, or use of a premises by entrances, coal holes, you. driveways, manholes, marquees, hoistaway openings, This insurance does not apply to sidewalk vaults, street banners, structural alterations, new construction or decorations and similar or demolition operations performed by exposures; or or for such additional insured. (b) The construction, erection, or e. Owners /Other interests — Land is removal of elevators; or Leased (2) This insurance applies only with An owner or other interest from whom respect to operations performed by land has been leased by you but only you or on your behalf for which the with respect to liability arising out of the state or governmental agency or ownership, maintenance or use of that subdivision or political subdivision specific part of the land leased to you has issued a permit or and subject to the following additional authorization. exclusions: This insurance does not apply to "bodily This insurance does not apply to: . injury," "property damage" or "personal (1) Any "occurrence" which takes place and advertising injury" arising out of after you cease to lease that land; operations performed for the federal or government, state or municipality. G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 (Ed. 07/09) QBF created w pdfFactor-y3Pfo tria43versionvivwa3df€acto(yieom 5 - 11 civa G- 18652 -1 (Ed. 07/09) (2) Structural alterations, new this insurance be either primary or construction or demolition primary and noncontributing. Where operations performed by or on required by written contract or behalf of such additional insured. written agreement, we will consider any other insurance maintained by f. Co -owner of Insured Premises the additional insured for injury or A co -owner of a premises co -owned by damage covered by this you and covered under this insurance endorsement to be excess and but only with respect to the co- owners noncontributing with this insurance. liability as co -owner of such premises. 2. EMPLOYEES AS INSUREDS — HEALTH CARE g. Lessor of Equipment SERVICES Any person or organization from whom Paragraph 2.a.(1)(d) of Section 11 — Who Is An you lease equipment. Such person or Insured is deleted. organization are insureds only with 3. JOINT VENTURES / PARTNERSHIP / LIMITED respect to their liability arising out of the LIABILITY COMPANY COVERAGE maintenance, operation or use by you of equipment leased to you by such A. The following is added to Section 11 — Who Is person or organization. A person's or An Insured: organization's status as an insured 4. You are an insured when you had an under this endorsement ends when interest in a joint venture, partnership or their written contract or written limited liability company which terminated or agreement with you for such leased ended prior to or during this policy period equipment ends. but only to the extent of your interest in such With respect to the insurance afforded joint venture, partnership or limited liability these additional insureds, the following company. This coverage does not apply: additional exclusions apply: a. Prior to the termination date of any joint This insurance does not apply: venture, partnership or limited liability (1) To any "occurrence" which takes company; or place after the equipment lease b. If there is other valid and collectible expires; or insurance purchased specifically to insure the partnership, joint venture or (2) To "bodily injury," "property limited liability company. damage," or "personal and advertising injury" arising out of the c. To a joint venture, partnership or limited sole negligence of such additional liability company which is or was insured. insured under a "consolidated (wrap -up) Any insurance provided to an additional insured insurance program." designated under Paragraphs a. through g. "Consolidated (wrap -up) insurance above does not apply to "bodily injury" or program" means a construction, erection or "property damage" included within the demolition project for which the prime "products- completed operations hazard." contractor /project manager or owner of the construction project has secured general As respects the coverage provided under this liability insurance covering some or all of the provision, Paragraph 4.b.(1) of Section IV — contractors or subcontractors involved in Commercial General Liability Conditions is the project, otherwise referred to as an deleted and replaced with the following: Owner Controlled Insurance Program 4. Other Insurance (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). b. Excess Insurance B. The last paragraph of Section II — Who Is An (1) This insurance is excess over: Insured is deleted and replaced by the Any other insurance naming the following: additional insured as an insured Except as provided in Paragraph 4. above, no whether primary, excess, person or organization is an insured with contingent or on any other basis respect to the conduct of any current or past unless a written contract or written partnership, joint venture or limited liability agreement specifically requires that G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 (Ed. 07/09) cRDF. created witW pdfFactcw-y3 R_f* Wal3verGionWMM0 lifa0tWV,8®raa 6 of U cNA company that is not shown as a Named Insured in the Declarations. 4. EXPANDED PERSONAL AND ADVERTISING INJURY A. The following is added to Section V — Definitions, 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. Exclusions of Section I — Coverage B — Personal and Advertising Injury Liability is amended to include the following: Discrimination Relating To Room, Dwelling or Premises 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. D. This provision 4. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I — Coverage B — Personal And Advertising Injury Liability is excluded either by the provisions of the Coverage Part or by endorsement. 5. 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 S. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under Section G- 18652 -1 (Ed. 07/09) — I — 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. B. This provision 5. (Medical Payments) does not apply if Section I — Coverage C Medical Payments is excluded either by the, provisions of the Coverage Part or by endorsement. C. Paragraph 1.a.(3)(b) of Section I — Coverage C — Medical Payments, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and 6. LEGAL LIABILITY AND BORROWED EQUIPMENT A. Under Section I — Coverage A — Bodily Injury and Property Damage 2. Exclusions, Exclusion J. is replaced by the following. "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" and were never occupied, rented or held for rental by you. Paragraphs (1), (3) and (4) of this exclusion do not apply to: (1) "property damage" to tools or equipment loaned to you G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 4 of 8 (Ed. 07109) -RDF. created witiv pdfFactopy3RraWal3vEwsionmvAw43dffaotwvieom , of 11 CNA if the tools or equipment are not being used to perform operations at the time of loss; or (ill "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 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 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 this coverage as described in Section III — Limits Of Insurance. C. 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: G- 18652 -1 (Ed. 07/09) b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(a)(ii) of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: (ii) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner; or E. This provision 6. (LEGAL LIABILITY AND BORROWED EQUIPMENT) does not apply if Damage To Premises Rented To You Liability under Section I — Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 7. NON -OWNED WATERCRAFT Under Section I — Coverage A, Exclusion 2.g., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 8. NON -OWNED AIRCRAFT Exclusion 2.g, of Section I — Coverage A — Bodily Injury and Property Damage, 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. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge. 9. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Exclusion e. Contractual Liability of Section I — Coverage B is deleted. 10. 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 $2,500: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 11. LIQUOR LIABILITY a. $200,000; or Exclusion c. of Section I — Coverage A is deleted. G- 18652 -1 Includes copyrighted material of Insurance Services office, Inc., with its permission. Page 5 of 8 (Ed. 07/09) -RDF. created whit prdfFacter -y3 W* txdal3versionvimm43 d#facztofy4om a of - CNA 12. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.a. of Section If — Who Is An Insured is deleted and replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective date after you acquire or form the organization, whichever is earlier. 13. 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 coverages as of the date the revision is effective in your state. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 15. NOTICE OF OCCURRENCE The following is added to Paragraph 2. of Section IV — Commercial General Liability Conditions — Duties In The Event of Occurrence, Offense, Claim or Suit: 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." 16. BROAD KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. of Section IV — Commercial General Liability Conditions — Duties in The Event of Occurrence, Offense, Claim or Suit: 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; G- 18652 -1 (Ed. 07109) (4) A manager, if you are a limited liability company. 17. AGGREGATE LIMITS PER PROJECT A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: 1. A separate Single Construction Project General Aggregate Limit applies to each construction project away from. premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard," and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construction . Project General Aggregate Limit for any other separate construction - project away from premises owned by or rented to the insured. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. (3) An executive officer or the B. For all sums which the insured becomes legally employee designated by you to give obligated to pay as damages caused by such notice, if you are a "occurrences" under Section I — Coverage A, corporation; or G- 18662 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 (Ed. 07109) cROF. created w4W pdfFactay3P� r&Wai3veraionmiwmodffacztotvreom 9 - 11 CNA and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Single 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 Single Construction Project General Aggregate Limit. D. 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. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. 18. EXPANDED BODILY INJURY 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. 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section I — Coverage A — Bodily Injury and Property Damage Liability is replaced by the following: a. "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. G- 18652 -1 (Ed. 07/09) 20. OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP -UP) INSURANCE PROGRAMS The endorsement EXCLUSION — CONSTRUCTION WRAP -UP PROGRAM which is attached to this policy is amended as follows' A. 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 it is amended to add the following: With respect to a "consolidated (wrap -up) insurance program" project in which you are or were involved, this exclusion does not apply to: 1. Your liability for "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; 2. Your liability for "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. The following is added to Paragraph 4.b.(1) of Section IV- Commercial General Liability Conditions This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a "consolidated (wrap -up) insurance program," but only as respects your involvement in that "consolidated (wrap - up) insurance program." C. The following is added to Section V — Definitions: "Consolidated (wrap -up) insurance program" means a construction, erection or demolition project for which the prime contractor /project 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, otherwise referred to 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 G- 18652 -1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 (Ed. 07/09) cRDF.>created 10 i Factor-g3P�ratriai3version odf€actw✓ie to - it CNA 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, college /university housing or dormitories, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. 21. CONTRACTUAL LIABILITY —RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of "insured contract" in Section V — Definitions is replaced by the following: "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; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; . f. 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. G- 18652 -1 (Ed. 07/09) (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. 22. BLANKET WAIVER OF SUBGROGATION The Transfer Of Rights Of Recovery Against Others To Us Condition (Section IV — Commercial General Liability Conditions) is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the "products - completed operations hazard." However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. 23. IN REM ACTIONS Paragraph f. does not include that part Any action in rem against any vessel owned, of any contract or agreement: operated by or for, or chartered by or for you will be treated in the same manner as though the action were in personam against you. G- 18652 -1 Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 8 of 8 (Ed. 07/09) r-RDF.created wi pdfFacter-y3W *Wai3versienmwauoditac ✓Ar 11 of 11