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HomeMy WebLinkAboutSutherlin Contracting Inc; 2020-09-22; PWM21-1178TRANPWM21-1178TRAN Grand Ave Crosswalk Modification Cont. No. 6070 Page 1 of 6 City Attorney Approved 1/25/2019 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT GRAND AVE CROSSWALK MODIFICATION; CONT. NO. 6070 This agreement is made on the ______________ day of _________________________, 2020, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Sutherlin Contracting, Inc, a California corporation whose principal place of business is 2007 Muira Lane, El Cajon, CA 92019 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Lindy Pham (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. DocuSign Envelope ID: FBA63010-D35D-4F3E-9EAD-1B0990ED5859 22nd September PWM21-1178TRAN Grand Ave Crosswalk Modification Cont. No. 6070 Page 2 of 6 City Attorney Approved 1/25/2019 FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: _Kristi Sutherlin_______________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. DocuSign Envelope ID: FBA63010-D35D-4F3E-9EAD-1B0990ED5859 PWM21-1178TRAN Grand Ave Crosswalk Modification Cont. No. 6070 Page 3 of 6 City Attorney Approved 1/25/2019 INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within Seven (7) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within Thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Sutherlin Contracting, Inc. 2007 Muira Lane (name of Contractor) 787127 (street address) El Cajon, CA 92019 (Contractor’s license number) B-General Building Contractor & C10-Electrical 11/30/20 (city/state/zip) 619-588-8895 (license class. and exp. date) 1000008101 (telephone no.) 619-579-1993 (DIR registration number) 6/30/21 (fax no.) ksuthe4187@aol.com (DIR registration exp. date) (e-mail address) /// /// /// /// /// /// /// DocuSign Envelope ID: FBA63010-D35D-4F3E-9EAD-1B0990ED5859 PWM21-1178TRAN Grand Ave Crosswalk Modification Cont. No. 6070 Page 4 of 6 City Attorney Approved 1/25/2019 AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR SUTHERLIN CONTRACTING, INC, a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) D. Brian Sutherlin, Secretary / Treasurer Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) Kristi Sutherlin, President (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _____________________________ Assistant City Attorney DocuSign Envelope ID: FBA63010-D35D-4F3E-9EAD-1B0990ED5859 PWM21-1178TRAN Grand Ave Crosswalk Modification Cont. No. 6070 Page 5 of 6 City Attorney Approved 1/25/2019 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than fifty percent (50%) of the work with its own forces DocuSign Envelope ID: FBA63010-D35D-4F3E-9EAD-1B0990ED5859 Striping 16% Portillo Concrete, Inc. 3527 Citrus Street Lemon Gove, CA 91945 25% Statewide Stripes, Inc. 680144 Exp 10-31-20 A, B, C-8 41% 1000001334 1000004389 788286 Exp 12-31-20 C-33, C-32, C-61/D-38, C-61/D-42 Median PWM21-1178TRAN Grand Ave Crosswalk Modification Cont. No. 6070 Page 6 of 6 City Attorney Approved 1/25/2019 EXHIBIT B GRAND AVE CROSSWALK MODIFICATION Contractor to provide all materials, tools and labor necessary to install RRFB and sync with existing RRFB, install raised median and crosswalk striping per plan, Exhibit D. Scope of work shall be consistent with the Technical Provisions included with this agreement as Exhibit C. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 RRFB Installation, Raised Median and Striping $20,560 TOTAL* $20,560 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: FBA63010-D35D-4F3E-9EAD-1B0990ED5859 Revised 6/15/17 Page 1 of 2 TECHNICAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 7, STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS SECTION 703 – MATERIALS AND CONSTRUCTION FOR RECTANGULAR RAPID FLASHING BEACONS 703-1 RECTANGULAR RAPID FLASHING BEACON (RRFB) 703-1.1 General. This work includes installing Rectangular Rapid Flashing Beacon (RRFB) systems as shown on plans. Comply with Section 86, "Electrical Systems," of the CaltransStandard Specifications. The Rectangular Rapid Flashing Beacon (RRFB) systems shall besolar powered. 703-1.2 System Requirements. The RRFB System shall be fully compliant with all FHWA andMUTCD guidelines. 1. Each RRFB shall be solar powered as shown on the plans. 2. The RRFB shall be normally dark, shall initiate operation only upon pedestrianactuation, and shall cease operation after a predetermined time limit. 3.All equipment shall be housed in one enclosure. 4.Where indicated on the plans, the RRFB shall provide bidirectional indications tomotorists approaching from both directions; and shall include an LED indication(installed integral to the RRFB) directed at, and visible to, pedestrians in thecrosswalk to give confirmation that the RRFB is in operation. 5.When activated, all indications associated with a given crosswalk shallsimultaneously commence operation within 120 msec, and shall cease operation ata predetermined time (programmable timeout) after any pedestrian actuation. 703-1.3 Rectangular Rapid Flashing Beacons. The RRFB housings shall contain two primarylight bars mounted in compliance with MUTCD requirements. The LEDs used shall be rated for a minimum 15-year life. The RRFB shall draw attention at distances greater than 500 feetduring the day and over 1000 feet at night. The RRFB housing shall be made of powder-coated aluminum with a minimum thickness of 0.125”, and shall provide a mounting mechanism allowing for directional rotation of the primary light bars toward oncoming traffic at curves, corners, and roundabouts. RRFB bars mounted on a pole shall be able to be independently aimed to optimize performance in each direction. Each RRFB shall consist of 2 rapidly and alternately flashed rectangular yellow indications having LED array based pulsing light sources, shall be designed, located, and operated as EXHIBIT "C"PWM21-1178TRAN DocuSign Envelope ID: FBA63010-D35D-4F3E-9EAD-1B0990ED5859 Revised 6/15/17 Page 2 of 2 shown on the plans, and shall be in full compliance with MUTCD guidelines and standards. Each RRFB indication shall be a minimum size of 5 inches wide by 2 inches high. 703-1.4 Enclosure. The controller enclosure shall be a NEMA 3R enclosure with a dead frontpanel and a hasp with a 7/16-inch hole for a padlock. The enclosure shall be powder coated, hot-dip galvanized, or factory-applied rust resistant prime coat and finish coat. To prevent corrosion, all materials used in the mounting of the control cabinet shall be either aluminum or stainless steel. 703-1.5 Controller. A single Controller shall be used at each crossing to control all of the RRFB indications via wireless communications. The Controller shall adjust RRFB brightness asoutside light levels change between day and night, being brighter during the day and less brightat night. The RRFB Controller shall include data-logging capabilities with selectable interval from one minute to one day and be capable of being monitored remotely through an optional cell modem upgrade. Remote monitoring is not included in this contract. The RRFB Controller shall include an interface (RS232 or IP) for local programming via Windows-based software installed on a laptop. 703-1.6 Solar Power System. The solar power system shall include the solar panel, chargecontroller, batteries, and cabling necessary to maintain power for operations of the RRFBassemblies for a period of seven days without recharge; for up to 250 activations per day. The solar power system shall protect against and automatically recover from: short circuit, overload, reverse polarity, high temperature, lightning and transient surge, as well as voltage spikes. Each component of the solar power system shall be independently replaceable of other control panel components and shall operate from -40° to +140°F (-40° to +60°C). 703-1.7 RRFB Posts. Shall be Telespar tubing and shall be provided with all necessarymounting hardware and wiring. 703-1.8 Warranty. The RRFB system shall have a minimum three-year unconditional warranty. 703-1.9 Measurement and Payment. Measurement for payment of Rectangular RapidFlashing Beacon will be on a lump sum basis, complete, in place and operating as intended foreach crossing. The Contract lump sum prices paid for Rectangular Rapid Flashing Beacon shallbe full compensation for picking up and furnishing all materials as shown on the plans, and forinstalling all materials including, but not limited to, installing poles, flashing beacons, pole-mounted signs, solar panels, pole-mounted cabinet and controller, and making all required tests and for all labor, tools, equipment and incidentals required to make the beacons operational asshown on the plans, as specified, and as required by the City of Carlsbad. EXHIBIT "C"PWM21-1178TRAN DocuSign Envelope ID: FBA63010-D35D-4F3E-9EAD-1B0990ED5859 PWM21-1178TRAN - Exhibit "D" DocuSign Envelope ID: FBA63010-D35D-4F3E-9EAD-1B0990ED5859 EXHIBIT "D'PWM21-1178TRANDocuSign Envelope ID: FBA63010-D35D-4F3E-9EAD-1B0990ED5859 EXHIBIT "D'PWM21-1178TRANDocuSign Envelope ID: FBA63010-D35D-4F3E-9EAD-1B0990ED5859 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 have ADDITIONAL INSURED provisions or 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/14/2020 License # 0C32169 (619) 937-0164 (619) 937-0168 39462 Sutherlin Contracting, Inc. 2007 Muira Lane El Cajon, CA 92019 23787 22314 A 1,000,000 X VUMB0216810 3/14/2020 3/14/2021 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B ACPBA3038063475 3/14/2020 3/14/2021 2,000,000C NHA248991 3/14/2020 3/14/2021 0 2,000,000 RE: OPERATIONS OF THE NAMED INSURED AS CERTIFICATE HOLDERS INTEREST MAY APPEAR SUBJECT TO POLICY TERMS, CONDITIONS, AND EXCLUSIONS. THE CITY OF CARLSBAD IS INCLUDED AS ADDITIONAL INSURED PER FORM CG2033 AND CG2037 ATTACHED. (cp) CITY OF CARLSBAD/CMWD c/o EXIGIS INSURANCE COMPLIANCE SERVICES P.O. BOX 947 MURRIETA, CA 92564 SUTHCON-01 RBRISTOL Rancho Mesa Insurance Services, Inc. 250 Riverview Parkway Santee, CA 92071 Berkley Assurance Company Nationwide Mutual Ins Company RSUI Indemnity Company 1 Aggregate X X X X X X X X X COMMERCIAL GENERAL LIABILITYCG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 33 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II – Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such 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: 1.Your acts or omissions; or 2.The acts or omissions of those acting on yourbehalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1.Only applies to the extent permitted by law;and 2.Will not be broader than that which you arerequired by the contract or agreement toprovide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1."Bodily injury", "property damage" or "personaland advertising injury" arising out of therendering of, or the failure to render, anyprofessional architectural, engineering orsurveying services, including: a.The preparing, approving, or failing toprepare or approve, maps, shop drawings,opinions, reports, surveys, field orders,change orders or drawings andspecifications; or b.Supervisory, inspection, architectural orengineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. POLICY NUMBER: VUMB0216810 Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 04 13 2."Bodily injury" or "property damage" occurringafter: a.All work, including materials, parts orequipment furnished in connection withsuch work, on the project (other thanservice, maintenance or repairs) to beperformed by or on behalf of the additionalinsured(s) at the location of the coveredoperations has been completed; or b.That portion of "your work" out of which theinjury or damage arises has been put to itsintended use by any person or organizationother than another contractor orsubcontractor engaged in performingoperations for a principal as a part of thesame project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement youhave entered into with the additional insured;or 2.Available under the applicable Limits ofInsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER: VUMB0216810 COMMERCIAL GENERAL LIABILITYCG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PARTPRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location And Description Of Completed Operations As required by written contract executed prior to the date of occurrence but only to the extent permitted by law and the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Construction project sites at which you performed work for such additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additionalinsured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured isrequired by a contract or agreement, theinsurance afforded to such additional insured willnot be broader than that which you are requiredby the contract or agreement to provide for suchadditional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2  B.With respect to the insurance afforded to these additional insureds, the following is added to Section 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 the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits ofInsurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1  COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1.The first Named Insured shown in theDeclarations may cancel this policy by mailingor delivering to us advance written notice ofcancellation. 2.We may cancel this policy by mailing ordelivering to the first Named Insured writtennotice of cancellation at least: a.10 days before the effective date ofcancellation if we cancel for nonpayment ofpremium; or b.30 days before the effective date ofcancellation if we cancel for any otherreason. 3.We will mail or deliver our notice to the firstNamed Insured's last mailing address known tous. 4.Notice of cancellation will state the effectivedate of cancellation. The policy period will endon that date. 5.If this policy is cancelled, we will send the firstNamed Insured any premium refund due. If wecancel, the refund will be pro rata. If the firstNamed Insured cancels, the refund may beless than pro rata. The cancellation will beeffective even if we have not made or offered arefund. 6.If notice is mailed, proof of mailing will besufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1.We have the right to: a.Make inspections and surveys at any time; b.Give you reports on the conditions we find;and c.Recommend changes. 2.We are not obligated to make any inspections,surveys, reports or recommendations and anysuch actions we do undertake relate only toinsurability and the premiums to be charged.We do not make safety inspections. We do notundertake to perform the duty of any person ororganization to provide for the health or safetyof workers or the public. And we do not warrantthat conditions: a.Are safe or healthful; or b.Comply with laws, regulations, codes orstandards. 3.Paragraphs 1. and 2. of this condition apply notonly to us, but also to any rating, advisory, rateservice or similar organization which makesinsurance inspections, surveys, reports orrecommendations. 4.Paragraph 2. of this condition does not apply toany inspections, surveys, reports orrecommendations we may make relative tocertification, under state or municipal statutes,ordinances or regulations, of boilers, pressurevessels or elevators. E. Premiums The first Named Insured shown in the Declarations: 1.Is responsible for the payment of all premiums;and 2.Will be the payee for any return premiums wepay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. POLICY NUMBER: VUMB0216810