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Home My WebLink AboutAgreement Bloom Pavilion Upgradeslnit. e AlA Document A 101" -2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the Tenth day of December in the year Two Thousand Eighteen (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) Kittitas County 205 W. 5th Ave., Suite 108 Ellensburg, WA 98926-2887 and the Contractor: (Name, legal status, address and other information) Belsaas and Smith Construction, Inc. P.O. Box 926 103 E. 4th Ave., Suite 209 Ellensburg, WA 98926 for the following Project: (Name, location and detailed description) Kittitas County Bloom Pavilion Upgrades Ellensburg, WA The Architect: (Name, legal status, address and other information) ALSC Architects, P.S. 203 N. Washington, Suite 400 Spokane, WA 99201 The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. The parties should complete A101 ™-2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201 ™-2017, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA DocumentA101™-2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:56:11 ET on 12/12/2018 under Order No.3098409834 which expires on 01/12/2020, and is not for resale. User Notes: (1496466994) 1 lnit. TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be: (Check one of the following boxes.) [ ] The date of this Agreement. [ X ] A date set forth in a notice to proceed issued by the Owner. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected, then the date of commencement shall be the date of this Agreement. § 3.2 The Contract Time shall be measured from the date of commencement of the Work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents, the Contractor shall achieve Substantial Completion of the entire Work: (Check one of the following boxes and complete the necessary information.) AIA Document A101 ™ -2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:56:11 ET on 12/12/2018 under Order No.3098409834 which expires on 01/12/2020, and is not for resale. User Notes: (1496466994) 2 lnit. [ X ] Not later than ninety ( 90) calendar days from the date of commencement of the Work. By the following date: § 3.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents, if portions of the Work are to be completed prior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial Completion of such portions by the following dates: Portion of Work NIA Substantial Completion Date § 3.3.3 If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Three-Hundred Forty Thousand, Nine-Hundred Fifteen Dollars($ 340,915 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 Alternates § 4.2.1 Alternates, if any, included in the Contract Sum: Item No. 4 Fire Protection, Full Replacement No. 5 Dust Control -Sprinkler System Price $94,000 $31,000 § 4.2.2 Subject to the conditions noted below, the following alternates may be accepted by the Owner following execution of this Agreement. Upon acceptance, the Owner shall issue a Modification to this Agreement. (Insert below each alternate and the conditions that must be met.for the Owner to accept the alternate.) Item No. I Radiant Fin Tube Heaters § 4.3 Allowances, if any, included in the Contract Sum: (Identify each allowance.) Item NIA § 4.4 Unit prices, if any: Price Price $132,000 Conditions for Acceptance Availability of Funds (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable.) Item NIA § 4.5 Liquidated damages, if any: Units and Limitations (Insert terms and conditions for liquidated damages, if any.) Price per Unit ($0.00) $250 per calendar day after Substantial Completion date until Work is substantially complete . §4.6 Other: (Insert provisions for bonus or other incentives, if any, that might result in a change to the Contract Sum.) NIA AIA Document A101 ™ -2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties . Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14 :56:11 ET on 12/12/2018 under Order No.3098409834 which expires on 01/12/2020, and is not for resale. User Notes: (1496466994) 3 lnit. ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the first day of a month, the Owner shall make payment of the amount certified to the Contractor not later than the 15th day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than forty-five ( 45) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form, and supported by such data to substantiate its accuracy, as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201TM._2017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: § 5.1.6.1 The amount of each progress payment shall first include: .1 That portion of the Contract Sum properly allocable to completed Work; .2 That portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and .3 That portion of Construction Change Directives that the Architect determines, in the Architect's professional judgment, to be reasonably justified. § 5.1.6.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount, if any, for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Contractor does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Contractor intends to pay; .4 For Work performed or defects discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in whole or in part, as provided in Article 9 of AIA Document A201-2017; and .5 Retainage withheld pursuant to Section 5 .1. 7. § 5.1.7 Retainage § 5.1.7.1 For each progress payment made prior to Substantial Completion of the Work, the Owner may withhold the following amount, as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law.) Five Percent (5%) AIA Document A101™ -2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reseived. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:56:11 ET on 12/12/2018 under Order No.3098409834 which expires on 01/12/2020, and is not for resale. User Notes: (1496466994) 4 lnit. § 5.1.7.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage, such as general conditions, insurance, etc.) Washington State and Local Sales Tax § 5.1.7.2 Reduction or limitation ofretainage, if any, shall be as follows: (lfthe retainage established in Section 5.1. 7.1 is to be modified prior to Substantial Completion of the entire Work, including modifications for Substantial Completion of portions of the Work as provided in Section 3.3.2, insert provisions for such modifications.) NIA § 5.1. 7 .3 Except as set forth in this Section 5 .1. 7 .3, upon Substantial Completion of the Work, the Contractor may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 5.1.7. The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage upon Substantial Completion.) § 5.1.8 If final completion of the Work is materially delayed through no fault of the Contractor, the Owner shall pay the Contractor any additional amounts in accordance with Article 9 of AJA Document A201-2017. § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Article 12 of AJA Document A201-2017, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Upon confirmation by the Washington State Department of Revenue and the Washington State Department of Labor and Industries that all amounts due related to this project have been paid in full. § 5.3 Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) One-Half Percent Per Month % 0.5% Per Month ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AJA Document A201-201 7, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) AIA Document A101 ™ -2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:56: 11 ET on 12/12/2018 under Order No.3098409834 which expires on 01/12/2020, and is not for resale . User Notes: (1496466994) 5 lnit. § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document A201-2017, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) Arbitration pursuant to Section 15.4 of AJA Document A201-2017 [ X ] Litigation in a court of competent jurisdiction [ X ] Other (Specify) Shall be subject to mediation as a condition precedent to binding dispute resolution. If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-2017. § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201-2017, then the Owner shall pay the Contractor a termination fee as follows: (Insert the amount of, or method for determining, the fee, if any, payable to the Contractor following a termination for the Owner's convenience.) § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Name, address, email address, and other information) Patti Johnson, Director Kittitas County Solid Waste 925 Industrial Way Ellensburg, WA 98926 § 8.3 The Contractor's representative: (Name, address, email address, and other information) Brandon Drexler, Vice President Belsaas and Smith Construction, Inc. 103 E. 4th Ave., Suite 209 Ellensburg, WA 98926 AIA Document A101™ -2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING : This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:56:11 ET on 12/12/2018 under Order No.3098409834 which expires on 01/12/2020, and is not for resale . User Notes: (1496466994) 6 lnit. § 8.4 Neither the Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. § 8.5 Insurance and Bonds § 8.5.1 The Owner and the Contractor shall purchase and maintain insurance as set forth in AJA Document AIOI TM._2017, Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. § 8.5.2 The Contractor shall provide bonds as set forth in AIA Document AlQFM._2017 Exhibit A , and elsewhere in the Contract Documents. § 8.6 Notice in electronic format, pursuant to Article 1 of AIA Document A201-2017, may be given in accordance with AJA Document E203™-2013, Building Information Modeling and Digital Data Exhibit, if completed, or as otherwise set forth below: (If other than in accordance with AJA Document £203-2013, insert requirements for delivering notice in electronic format such as name, title, and email address of the recipient and whether and how the system will be required to generate a read receipt for the transmission.) N I A § 8.7 Other provisions: NIA ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents: .1 AIA Document AIOI ™-2017, Standard Form of Agreement Between Owner and Contractor (Paragraph deleted) .3 AIA Document A201™-2017, General Conditions of the Contract for Construction (Insert the date of the £203-20! 3 incorporated into this Agreement.) .5 Drawings Number See Attached Exhibit 'A' .6 Specifications Section See Attached Exhibit 'B ' .7 Addenda, if any: Number Addendum No. 1 Title Title Date November 20, 2018 Date Date Pages 29 Pages Portions of Addenda relating to bidding or proposal requirements are not part of the Contract Documents unless the bidding or proposal requirements are also enumerated in this Article 9 . . 8 Other Exhibits: (Check all boxes that apply and include appropriate information identifying the exhibit where required.) AIA Document E204TM._2Ql 7, Sustainable Projects Exhibit, dated as indicated below: AIA Document A101 ™ -2017. Copyright© 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:56:11 ET on 12/12/2018 under Order No.3098409834 which expires on 01/12/2020, and is not for resale . User Notes: (1496466994) 7 lnit. (Insert the date of the E204-2017 incorporated into this Agreement.) Title NIA The Sustainability Plan : Date Supplementary and other Conditions of the Contract: Document Title Supplementary General Conditions of the Contract .9 Other documents, if any, listed below: Pages Date 10/8/18 Pages 22 (List here any additional documents that are intended to form part of the Contract Documents. AJA Document A201™-2017 provides that the advertisement or invitation to bid, Instructions to Bidders, sample forms, the Contractor's bid or proposal, portions of Addenda relating to bidding or proposal requirements, and other information furnished by the Owner in anticipation of receiving bids or proposals, are not part of the Contract Documents unless enumerated in this Agreement. Any such documents should be listed here only if intended to be part of the Contract Documents.) · d into as of the day and year first written above. 0 tJE ire) J Jfd/4 rn ,, {) ?1-l1 b tz. (Pri nted nameai'fdtille) /J.J(I {> 1 {:)1A .l F Nlf.£.,//l /))l8llf ~.,o0;) <l ~RACTOR (Signature) :B Y'~ ~ "-e:)'.. \ -CV (Printed name and title) -==---= ~ 1 CG Pn::.Sicl-e;'\-t" AIA Document A101 ™ -2017. Copyright© 1915, 191 B, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 14:56:11 ET on 12/12/2018 under Order No.3098409834 which expires on 01/12/2020, and is not for resale. User Notes: (1496466994) 8 Kittitas County Bloom Pavilion Upgrades EXHIBIT 'A' DRAWINGS GENERAL G-001 COVER, DRAWING INDEX G-002 ABBREVIATIONS/ SYMBOLS AND MATERIAL LEGEND G-003 CODE SHEET CIVIL C0.00 GRADING PLAN ARCHITECTURAL AD-101 DEMOLITION PLANS AD-141 DEMOLITION PLANS -ROOF AD-211 DEMOLITION ELEVATIONS ARCHITECTURAL A-080 ARCHITECTURAL SITE PLAN A-111 OVERALL PLAN BLOOM PAVILION A-112 OVERALL RCP -BLOOM PAVILION A-141 ROOF PLAN A-201 OVERALL EXTERIOR ELEVATIONS A-511 DETAILS A-521 EXTERIOR DETAILS MECHANICAL M001 LEGENDS & ABBREVIATIONS & SPECIFICATIONS -MECHANICAL M101 SCHEDULES & DETAILS -MECHANICAL M201 GROUND LEVEL FLOOR PLAN -MECHANICAL M202 ROOF PLAN -MECHANICAL M301 GROUND LEVEL FLOOR PLAN -GAS PIPING M401 GROUND LEVEL -FLOOR PLAN -PLUMBING ELECTRICAL E001 LEGENDS & ABBREVIATIONS -ELECTRICAL E002 SCHEDULES -ELECTRICAL E003 SCHEDULES -ELECTRICAL E101 SITE PLAN -ELECTRICAL E201 GROUND LEVEL FLOOR PLAN -ELECTRICAL E202 ROOF PLAN -ELECTRICAL E501 DETAILS -ELECTRICAL E701 ONE-LINE DIAGRAM -ELECTRICAL END OF DRAWINGS 1 Kittitas County Bloom Pavilion Upgrades EXHIBIT 'B' SPECIFICATIONS DIVISION 00 -BIDDING REQUIREMENTS 00 00 02 Advertisement for Bids 00 00 03 Instructions to Bidders (AIA Document A701 -For Reference Only) 00 00 03.1 Supplementary Instructions to Bidders 00 00 04 Bid Proposal Form 00 00 05 General Conditions (AIA Document A201 -For Reference Only) 00 00 05 .1 Supplementary General Conditions 00 73 43 Prevailing Wage Requirements For Apprentice Wage Rates, see the following website https:llfortress. wa. govllnilwagelookupl ApprenticeWageLookup. aspx 00 73 43.1 Prevailing Wage Rates 00 73 43.2 Benefit Code Key DIVISION 01 -GENERAL REQUIREMENTS Summary Alternates Contract Modification Procedures Payment Procedures Project Management and Coordination Communication Project Meetings Construction Progress Schedule Submittal Procedures References 01 10 00 012300 012600 01 29 00 01 31 00 01 31 15 01 31 19 01 32 16 01 33 00 01 42 00 014516 01 50 00 01 61 00 01 73 29 01 74 00 01 77 00 017800 01 79 00 Contractor Field Quality Control Procedures Temporary Facilities and Controls Common Product Requirements Cutting and Patching Cleaning Closeout Procedures Closeout Submittals Demonstration and Training DIVISION 02 -EXISTING CONDITIONS 02 41 19 Selective Demolition DIVISION 03 -CONCRETE (Not Used) 1 DIVISION 04 -MASONRY (Not Used) DIVISION 05 -METALS 05 50 00 Metal Fabrications DIVISION 06 -WOOD, PLASTICS, AND COMPOSITES (Not Used) DIVISION 07 -THERMAL AND MOISTURE PROTECTION 07 62 00 07 91 00 07 92 00 Sheet Metal Flashing and Trim Preformed Joint Sealants Joint Sealants DIVISION 08 -14 (Not Used) DIVISION 21 -FIRE SUPPRESSION 21 13 13 Fire Protection DIVISION 22 -PLUMBING (On the Drawings) DIVISION 23 -HVAC (On the Drawings) DIVISION 24 -25 (Not Used) DIVISION 26 -ELECTRICAL (On the Drawings) DIVISION 27-28 (Not Used) DIVISION 31 -EARTH WORK 312000 Earth Moving END OF SPECIFICATIONS 2 PERFORMANCE BOND Bond No.: 106954760 CONTRACTOR: (Name, legal status and address) Belsaas & Smith Construction, Inc. PO Box926 Ellensburg, WA 98926 OWNER: (Name, legal status and address) Kittitas County 205 W. 5th Ave., Suite 108 Ellensburg, WA 98926-2887 CONSTRUCTION CONTRACT Date: December 10, 2018 Amount: $340,915.00 Description: (Name and location) Kittitas County, Bloom Pavilion Upgrades Ellensburg, WA BOND Date: December 14, 2018 (Not earlier than Construction Contract Date) Amount: $340,915.00 Modifications to this Bond: ,___x _ _,I None Travelers Casualty and Surety Company of America Hartford, CT 06183 SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 ,__ __ _,I See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) SURETY Company : (Corporate Seal) Belsaas & m· h Construction, Inc. ignature: ,.~fl-~ J_ P Name and Title: Travelers Signature: Name and Title: Lori McKimmy, Allornc. in-f act (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY -Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Kenneth J. Frick 112 South 4th Street Yakima, WA 98901 509-248-3515 (Architect, Engineer or other party:) ALSC Architects, P.S. § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3 .1 shall be held within ten (10) business days of the Surety's receipt of the The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 1 Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations . No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 2 to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period oflimitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows : (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: Signature: Name and Title: Address: (Corporate Seal) Company: Signature: Name and Title ; Address: (Corporate Seal) The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 PAYMENT BOND Bond No.: 106954760 CONTRACTOR: (Name, legal status and address) Belsaas & Smith Construction, Inc. PO Box 926 Ellensburg, WA 98926 OWNER: (Name, legal status and address) Kittitas County 205 W. 5th Ave., Suite 108 Ellensburg, WA 98926-2887 CONSTRUCTION CONTRACT Date: December 10, 2018 Amount: $340,915.00 Description: (Name and location) Kittitas County, Bloom Pavilion Upgrades Ellensburg, WA BOND Date: December 14, 2018 (Not earlier than Construction Contract Date) Amount: $340,915.00 Modifications to this Bond: X I None CONTRACTOR AS PRINCIPAL Travelers Casualty and Surety Company of America Hartford, CT 06183 SURETY: (Name, legal status and principal place of business) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 ~--~I See Section 18 SURETY Company : (Corporate Seal) Company : (Corporate Seal) Belsaas & Smith Co nstruction, Inc. Trave l rs C Signature: {i,..L ~ V -P Name and 'litl : (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY -Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Kenneth J. Frick 112 South 4th Street Yakima, WA 98901 509-248-3515 (Architect, Engineer or other party.) ALSC Architects, P.S. ney-in-Flict § 1 The Contractor and Surety, jointly and severally , bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 2 § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; . 7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) SURETY CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 4 ..... TRAVELERS ] Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Lori McKimmy, of Yakima, Washington, their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed , and their corporate seals to be hereto affixed, this 3rd day of February, 2017. State of Connecticut By: City of Hartford ss . Rob~lt L. Raney, SeMir Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021 Marfa C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman , any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary , any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 14th day of December , 2018 To verify the authentidty of this Power of Attorney, please call us at 1.-800-421.-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. ACORD0 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 12/14/2018 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 pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, 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 1,u,.,,..,1 Donna Martinez NAME: 1'erril' Lewis. & WI ike Ins r,:ig,ro ext•: (509) 248-3515 I r..oa No): (509) 248-3673 PO Box 1789 :~~SS: dmartinez@tlwins.com 112 S 4th Street INSURER(S) AFFORDING COVERAGE NAICI Yakima WA 98907 INSURER A: Continental Casualty Company 20443 INSURED INSURERB: Continental Insurance Company 35289 Belsaas & Smith Construction, Inc. INSURERC: Travelers Property Casualty Co of Amer 25674 PO Box 926 INSURERD: INSURERE : Ellensburg WA 98926 INSURERF ; COVERAGES CERTIFICATE NUMBER· 18-19 GASU IF 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. 1'r-¥R TYPE OF INSURANCE INSD WVD POLICY NUMBER IM~i',j'iirmvi rMM,OnlVVVVl LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 I CLAIMS-MADE [8loccuR UAMl\\>l: IOttt r'11c-<, PREMISES /Ea O<:<:utten c:cl $ 100,000 -MEO EXP (Anv one person) s 15,000 A 4032762755 09/01/2018 09/01/2019 PERSONAL & ADV INJURY $ 1,000,000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 =i POLICY [81 ~:g: •LOC PRODUCTS • COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY ·r,,!;MBlNEO~LE LIMIT Ea lll:OOOOI $ 1,000,000 -X ANY AUTO I BODILY INJURY (Per person) $ --B OWNED SCHEDULED 4032762738 09/01/2018 09/01/2019 BODILY INJURY (Per accidenl) $ AUTOS ONLY AUTOS -HIRED -NON-OWNED Pl{OPE~Gc' AUTOS ONLY AUTOS ONLY iPer Acd<la n · $ --$ 1,000,000 X UMBRELLA LIAB ~OCCUR EACH OCCURRENCE $ 1,000,000 -B EXCESS LIAB CLAIMS-MADE 4032762741 09/01/2018 09/01/2019 AGGREGATE $ 1,000,000 OED ] XI R ETENTION -S 1 O,OOO $ WORKERS COMPENSATION I ~~TUTE I Xl~~H-WA Stop Gap AND EMPLOYERS' LIABILITY YIN A ANY PROPRIETOR/PARTNER/EXECUTIVE • NIA 4032762755 09/01/2018 09/01/2019 E,L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 ~m~rp~g~ ~~~PERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 limit 100,000 Installation Floater C 6601189R157 09/01/2018 09/01/2019 Deductible 1,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Addltlonal Remark• Schedule, may be attached If more apace Is raqulradl are named as additional insured, including completed operations, per forms CNA75079XX 1016 and CNA74705XX 0115. Coverage is primary per fonTI CNA74705XX 0115 Waiver of Subrogation applies perform CNA74705XX 0115. Per project applies per form CNA74705XX 0115 Project: Kittitas County, Bloom Pavilion Upgrades, Ellensburg, WA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DA TE THEREOF, NOTICE WILL BE DELIVERED IN Kittitas County ACCORDANCE WITH THE POLICY PROVISIONS. 205 W. 5th Avenue AUTHORIZED REPRESENTATIVE Suite 108 Ellensburg WA 98926 ~-d--/~il,k I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 0 0 ------~ ~ .... ' -. ..... • -- CNA CNA PARAMOUNT Contractors• General Llablllty Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured• Primary And Non-Contributory To Additional Insured'• Insurance .. 3. Bodlly Injury -Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Llablllty Coverage For Damage To Your Product And Your Work 7. Contractual Liablllty • Railroads 8. Electronic Data Uablllty 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury -Exception for Reasonable Force 11. General Aggregate Limits of Insurance -Per Project 12. In Rem Actions 13. lncldental HeaHh Care Malpractk:e Coverage 14. Joint Ventures/Partne1'8hlp/Llmlted Liability Companies 16. Legal Liability -Damage To Premises/ Alienated Premises/ Property In The Named lnaured's Care, Custody or Control 16. Liquor Llablllty 17. Mldical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury -Discrimination or HumillaUon - 21. Personal And Advertising Injury • Contractual Llablllty 22. Property Damage • Elevators 23. supplementary Paymenta 24. Unintentional Failure To Disclose Hazards 26. Waiver of SUbrogatlon -Blanket 26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs CNA74705XX (1-15) Page 1 of 17 CONTINENTAL CASUALTY COMPANY Insured Name: BELSAAS & SMITH CONSTRUCTION, INC. Policy No: 4032762755 Endorsement No: 2 Effective Date: 09 / 011201a Copyright CNA All Rights Reserved. Includes copyrighted mal&rlal of Insurance services Office, Inc ., with Its permBSlon. CNA CNA PARAMOUNT Contractors• General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described In paragraphs A. through H. below whom a Named Insured Is required to add as an additional Insured on this Coverage Part under a written contract or writt<m agre·ement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; 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 such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of Insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the appHcabte paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodlly Injury, property damage or personal and advertising Injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premlaaa A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily ln)ury, property damage or personal and advertising lnJury as co-owner of such premises. C. Leasor of Equipment Any peraon or organ zatlon from whom a Na,ned Insured leases equipment, but only with respect to liability for bodily lnJury , property dam-.ge or personal and advertising Injury caused , In whole or in part , by the Named lnsured's main1enance, operation or use of such equipment, provided that the occurrence giving rise to such bodily Injury, property damage or the offense giving rise to such personal and advertising lnJury takes place prior to the termination of such lease. D. L8890f' of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising Injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily lniury, property damage or the offense giving rise to such personal and advertlalng Injury takes place prior to the termination of such lease. The CNA74705.XX (1-15) Page 2 of 17 CONTINENTAL CASUALTY COMPANY Insured Name: BELSAAS & SMITH CONSTRUCTION' INC. Policy No: 4032762755 Endorsement No: 2 Effective Date: 0910112 018 Copyright CNA All Rights ReaerV8CI. Includes copyrighted material of Insurance Services Office, Inc ., with lta permlaalon. 0 0 ·i=iiil -I --II !!!!!!!! ---iii ---= CNA CNA PARAMOUNT Contractors• General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily iniury or property damage, or the offense giving rise to such personal and advertising Injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily Injury, property damage or personal and advertising Injury arising out of the Named lnsured'a ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Polttlcal Subdivisions -Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodlly injury, property damage or personal and advertising Injury arising out of: 1. the following hazards In connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named lnsured 1s behalf. The coverage granted by this paragraph does not apply to : a. Bodily lniury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily Injury or property damage included within the products-completed operations hazard . With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional Insured. H. Trade Show Event Lessor 1. With respect to a Named Insured'& participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising Injury caused by: CNA74705XX (1-15) Page 3 of 17 CONTINENTAL CASUALTY COMPANY Insured Name: BELSAAS & SMITH CONSTRUCTION' INC. Policy No: 4032762755 Endorsement No: 2 Effective Date: 09/01/2018 copyright CNA All Rights Reserved . Includes copyrighted material 01 Insurance Services Office, Inc., wtth Its permission. ~NA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named lnaured's acts or omissions; or b. the acts or omissions of those acting on the Named lnaurad's behalf, in the performance of the Named lnaured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily lnJury or property damage Included within the products-completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other lnaurance Condition in the COMMERCIAL GENERAL LIABILrrY CONDITIONS Section is amended to add the following paragraph: If the Named lnaured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additlohal insured's own insurance, then this insurance Is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own Insurance means insurance on which the additional Insured is a named Insured. Otherwise, and notwithstanding anything to the contrary el.sewhere In this Condition, the insurance provided to such person or organization is excess of any other Insurance available to such person or organization . 3. BODILY INJURY -EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily lnJury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical Injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties In The Event ol Occurrence, Offense, Clalm or SUH is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or clalm only when the occurrence, offense or clalm is known to a natural person Named lnaured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named lnsured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or clalm and that failure is solely due to the Named lnsured's reasonable belief that the bodily ln)ury or property damage Is not covered under this Cove.rage Part. However, the Named Insured shall give written notice of such occurrence, offense or clalm to the Insurer as soon as the Named Insured is aware that this Insurance may apply to such occurrence, offense or clalm. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace It with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Cover-se Part; or CNA74705XX (1-15) Page 4 of 17 CONTINENTAL CASUALTY COMPANY Insured Name: BELSAAS & SMITH CONSTRUCTION I INC • Policy No: 4032762755 Endorsement No: 2 Effective Date: 09/01/2018 Copyright CNA Alt Rights Reserved. Includes copyrighted material ot Insurance Services CHioe, Inc., wlth Its permission. 8 !!!!!!!!! === CNA CNA PARAMOUNT Contractors• General Liability Extension Endorsement b. by reason of a Narned Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named lnsweds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising Injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Llablllty, the paragraph entitled Excluslons Is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Darnage to Your Work Property damage to your work arising out of it, or any part of it and Included in the products-completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured'• behalf by a subcontractor; or CNA74705XX (1-15) Page 5 of 17 CONTINENTAL CASUALTY COMPANY Insured Name: BELSAAS &: SMITH CONSTRUCTION I INC • Policy No: 4032762755 Endorsement No: 2 Effective Date: 09/01/2018 Copyright CNA All Rights Raserwd . Includes copyrighted material of Insurance Services Office, Inc ., W11h Its perml88lon. CNA CNA PARAMOUNT Contractors• General Liabllity Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above , $100,000 Is the most the Insurer wlll pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and fs included within the product<arnpleted operations hazard. This subllmrt does not apply to property damage to your work if the damaged work , or the work out of which the damage arises, was performed on the Named lnsured's behalf by a subcontractor. C. This Broadened Liabllily Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY -RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of Insured contract 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 parson or organization for damage by fire to premises while rented to a Named Insured or temporarily occup ied by a Named lnau,ed 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; •· An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured'• business (including an Indemnification of a munic ipali ty In connect ion with work performed for a municipality) under which the Named Insured assumes the tort liabillty of another party to pay for bodlly lnlury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. doas not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparlr:ig , approving or falling 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 . It· an archi tect , engineer or surveyor , assumes llabllity for an injury or damage arising out of 1he insutecrs rendering or failure to render professional services, Including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX (1-15) Page 6 0117 CON T INENTAL CASUALTY COMPANY Insured Name: BELSAAS & SMITH CONSTRUCTION, INC • Policy No: 4032762755 Endorsement No: 2 Effective Date: o 9 / o l /2 o l B COpyr1ght ONA All Rights AeselVBd . lnclUdes copyrighted material of Insurance S&rvlces Office, Inc .. wtth Its permlaalon. 0 0 --= =-= CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A -Bodlly Injury and Property Damage Llablllty, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Contldential Or Personal Information And Data-related Llabllity Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily Injury. This exclusion applies even If damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described In Paragraph (1) or (2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronlc data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of properly damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused It. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX (1-15) Page 7 of 17 CONTINENTAL CASUALTY COMPANY Insured Name: BELSAAS & SMITH CONSTRUCTION, INC. Policy No: 403.2762755 Endorsement No: 2 Effective Date: 09/01/2018 Copyright CNA All Rights Reserved. lnctudes copyrighted mater1al of Insurance Services Olllce, Inc ., with Ila permiaalon. ~NA CNA PARAMOUNT Contractors• General Liability Extension Endorsement claims arising solely out of 1helr capacity or status as such and, In the case of a spouse , where such claim sef,lks damages from marital community property , jointly held property or property transferred from such natural parson Insured to such apouae . No coverage Is provided for any act, error or om ission of an estate , heir, legal representative , or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of mQmbers or partners of joint venture or partnership Named Insureds are Insureds With respect to such apou$88' acts, errors or omissions in the conduct of the Named lnaured'a business. 10. EXPECTED OR INTENDED INJURY -EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A -Bodily l"lury and Property Damage LlabllHy, the paragraph entitled Exclusion& rs amended to delete the exclusion entitled Expected or Intended lnlury and replace it with the following : This insurance does not apply to: Expected or Intended lnJury Bodily lnJury or property damage expected or Intended from the standpoint of the Insured . This exclusion does not apply to ~Jly lnJury or property damage resulting from the use of re·asonable force to protect persons or property . 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown In the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except ~mages because of bocllly lnJury or property damage included in the ~plated operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. 8. All: 1. Damages under Coverage B, regardless of the number of locatlons or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily Injury or property damage included In the producta--completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate limit shown In the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the product&-completed operations hazard is provided, any payments for damages because of bocllly lnlury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX (1-15) Page 8 of 17 CONTINENTAL CASUALTY COMPANY Insured Name: BELSAAS &: SMITH CONSTRUCTION, INC. Policy No: 4032762755 Endorsement No: 2 Effective Date: 09 / o 1 / 2 o 18 Copyrlgtlt CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Ila psrrnaslon. 0 0 = -iii --== ---.· -= CNA CNA PARAMOUNT Contractors• General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project wlll still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a heafth care Incident: A. Under COVERAGES, Coverage A -Bodlly Injury and Property Damage Uablllty, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured'• primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place In the coverage terrnory. (2) the bodlly Injury first occurs during the policy period. All bodily Injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Llablllty, the paragraph entitled Exclusions is amended to: I. add the following to the Employers Liability exclusion: This exclusion applies only if the bodlly Injury arising from a health care Incident Is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limlts). ii. delete the exclusion entitled Contractual Llablllty and replace it with the following: This insurance does not apply to: Contractual LlabHity the lnsured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to clalms based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dlahonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud CNA74705XX (1-15) Page 9 of 17 CONTINENTAL CASUALTY COMPANY Insured Name: BELSAAS & SMITH CONSTRUCTION I INC. Polley No: 4032762755 Endorsement No: 2 Effective Date: 09/01/2018 copyright CNA Afl Rights Reaerved. Includes copyrighted material of lnauranoe Services Ofllce, Inc., with Its perml&slon. CNA CNA PARAMOUNT Contractors' General Llabllity Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endor88ment Any health care Incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care Incident means an act, error or omission by the Named lnSlffed's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named lnswed or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Profesalonal health care aervlces means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; •• Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; J. Other allied health professional; or Professional health care services does not include any services rendered In connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace It with the following: Occurrence means a health care lnctdent. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; ill. amend the definition of Insured to: a. add the following: the Named lnsured's employees are Insureds with respect to: (1) bodily Injury to a co-employee while in the course of the co-.mployee"s employment by the Named Insured or white performing duties related to the conduct of the Named lnsurad'a business; and CNA74705XX (1-15) Page 10 of 17 CONTINENTAL CASUALTY COMPANY Insured Name: BELSAAS & SMITH CONSTRUCTION' INC. Policy No: 4032762755 Endorsement No: 2 Effective Date: 09/01/2018 Copyright CNA All Rights Reserved. Includes copyrighted material or Insurance Services Office, Inc., with Its perrnsslon. 8 ---iii --= ~ , CNA CNA PARAMOUNT Contractors• General Liability Extension Endorsement (2) bodily Injury to a volunteer worker while performing duties related to the conduct of the Named lnsured 1a business; when such bodily ln)ury arises out of a heaHh care Incident. the Named lnaured 1a volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named lnsured 1s business; and (2) bodily '"lury to an employee while in the course of the employee's employment by the Named Insured or while perf ormlng duties related to the conduct of the Named lnsured's business; when such bodlly Injury arises out of a health care Incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the followlng: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, It is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for Insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/ PARTNERSHIP/ LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person Qr organization is an Insured with respect to the conduct of any current or past partmushlp, Joint venture or limlted liabillty company that Is not shown as a Nan)ed Insured in the Declaralions , except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or du ring the policy period, such Named Insured Is an Insured with respect to its interest In such joint venture , partnership or limited llablllty company but only to the extent that: a. any offense giving rise to personal and advertising lnJur:y occurred prior to such termination date, and the personal and advertising Injury arising out of such offense first occurred after such termination date ; b. the bodily lnJury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, Joint venture or limited liability company; and If the joint venture, partnership or limited liability company Is or was insured under a consolidated (wrQp,up) insurance program, then such insurance will always be considered valid and collec!lble for the purpose of paragraph c. above. But this provision will not serve to exclude bodily Injury, property damage or personal and advertising Injury that would otherwise be covered under the Contractors Qeneral Uablllly Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS . Please see that provision for the definition of consolldated (wrap-up) insurance program. 15. LEGAL LIABILITY -DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A -Bodlly Injury and Property Damage Llabillty, the paragraph entitled Exclusion& is amended to delete exclusion J. Damage to Property in Its entirety and replace it with the following: This Insurance does not apply to: =: CNA74705.XX (1-15) Page 11 of 17 Policy No: 4032762755 Endorsement No: 2 CONTINENTAL CASUALTY COMPANY Effective Date: 09/01/2018 Insured Name: BELSAAS & SMITH CONSTRUCTION, INC . Copyright CNA All Rights Reserved. Includes copyrighted material al Insurance Services Office, Inc ., with ltS permlBSlon. C#A CNA PARAMOUNT Contractors' General Liability Extension Endorsement ;. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a parson or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, If the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named lnsured's 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. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured 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 LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply If the premises are your work. Paragraphs (3), (4), (5) and (&) 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 producta-completad operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: I. tools, or equipment the Named Insured borrows from others, nor II. other personal property of others in the Named lnsured'a care, custody or control while being used in the Named lnaurad's operations away from any Named lnaured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: L property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is moblle equipment leased by an Insured; c. property that is an aulo, aircraft or watercraft; d. property in transit; or •· any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for appllcation of one of Its exclusions. A separate limit of Insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX (1-15) Page 12 of 17 CONTINENTAL CASUALTY COMPANY Insured Name: BELSAAS &: SMITH CONSTRUCTION, INC. Polley No: 4032762755 Endorsement No: 2 Effective Date: 09/01/2018 Copyright CNA All Right& Reserved. Includes copyrighted material of Insurance Se!Vlces Office, Inc,, with Ila pern1sslon. 8 = ;r- i ---.. ,. ,. CNA CNA PARAMOUNT Contractors• General Liability Extension Endorsement B. Under COVERAGES, Coverage A -Bodlly Injury and Property Damage Llablllty, the paragraph entitled Exctualona is amended to de lete its last paragraph and replace It with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or tempora.rily occupied by a Named Insured with permiss ion of the owner, nor to damage to the contents of premlsss rented to a Named Insured for a period of 7 or fewer consecut ive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named lnsured's care, custody or control, while being used in the Named Insured'& operations away from an.y Named lnsured's premises. The Insurer's obligation t.o pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 In order to effect settlement If the Insurer exercises that right, the Named Insured wlll prornptly reimburse the Insurer for any such amount D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and 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 the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the N.amed lnaured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1 )(aXII) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named lnsured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liabllily. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C -Medical Payments for all medical expenses because of bodily Injury sustained by any one person. The Medical Expense Limit Is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. : CNA74705XX (1-15) Policy No: 4032762755 Page 13 of 17 Endorsement No: 2 CONTINENTAL CASUALTY COMPANY Effective Date: 09 / 01 / 201a Insured Name : BELSAAS lie SMITH CONSTRUCTION I INC. Copyright CNA All Rlghls Reserved . Includes copyrighted material cl Insurance services Office, Inc., with lie permission . CNA CNA PARAMOUNT Contractors• General Liability Extension Endorsement B. Under COVERAGES, the ln8La'ing Agreement of Coverage C -"'8dlcal Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A -Bodily ln)ury and Property Damage Llablllly, the paragraph entitled Exclualona is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the followlng: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate Issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A -Bodlly ln)ury and Property Damage Ltablllty, the paragraph entltled Exclualons is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following . This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A. Under DEFINmONS, the definition of personal and advertising lnJury Is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B -Personal and Advertising ln)ury Llablllly, the paragraph entitled Exclusions ts amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violatlon of Rights of Another Personal and advertising Injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would Inflict personal and advertising ln)ury . This exclusion shall not apply to discrimination or humiliation that results in Injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation Is not done Intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (If the Named Insured is a limited liabllity company} of the Named Insured. 2. add the following exclusions: CNA74705XX (1-15) Page 14 of 17 CON TINENTAL CASUALTY COMPANY Insured Name: BELSAAS & SMITH CONSTRUCTION, INC. Policy No: 4032762755 Endorsement No: 2 Effective Date: 09/01/2018 Copyright CNA All Righi& Reserved. Includes copyrighted materlal of Insurance Servloea Olflce, Inc., with 118 permission. 0 0 .._ -II -• !!!!!! = -----:=;;; CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or Indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation aris ing out of 1he 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 . Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination . The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any p:erson or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part . This PERSONAL AND ADVERTISING INJURY-DISCRIMINATION OR HUMILIATION Prov ision does not apply to any person or organization who otherwise qualifies as an adQitional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B -Personal and Advertising Injury Llablllty, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely :for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS-COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations In the suit and the information the Insurer knows about the offense alleged in such sun ~re such that no con111ct appears to exist between the Interests of the Insured and the Interests of the lndemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f .(2Xb) is deleted and replaced by the following: So long as lhe above cond itions are met, attorneys fees incurred by the Insurer In the defense of that lndemnitee , necessary litigation expenses incurred by the . Insurer, ijnd necessary litigation expenses Incurred by the indemnitee at the Insurer's request will be paid as defense coats . Sue~ payments wlll not be deemed to be damage.s fo r personal and advertising Injury and will not reduce the llm it.s of Insurance . C. This PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY Provis ion does not apply if Coverage 8 -Personal and Advertising lnlury Llablltty is excluded by anot~er endorsement attached to this Coverage Part. This PERSONAL AND ADVEATlSING INJURY -CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherw ise qualifies as an add itional Insured on th is Coverage Part. 22. PROPERTY DAMAGE-ELEVATORS A. Under COVERAGES , Coverage A -Bodily Injury and Property Damage Llablllty, the paragraph entitled Exclualons Is amended such that the Damage to Your Product Exclusion and surt>paragraphs (3), (4) and (8) of the Damage to Property Exclus ion do not apply to property damage that results from the use of elevators . :::· CNA74705XX (1-15) Page 15 of 17 Policy No: 4032762755 Endorsement No: 2 CONTINENTAL CASUALTY COMPANY Effective Date: 09/01/2018 Insured Name: BELSAAS & SMITH CONSTRUCTION, INC . copyright CNA All Rights Aesatved . Include& copyrighted material of Insurance Services Ofllee, Inc ., wtth Its permlssJon. CNA CNA PARAMOUNT Contractors• General Liability Extension Endorsement B. Solely for tha purpose of the coverage prov ided by this PROPERTY DAMAGE -ELEVATORS Provision, the Other Insurance conditions is amended to acid the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that Is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS-COVERAGES A AND B Is amended as follows: A. Paragraph 1.b. ls amended to delete the $250 limit shown for the cost of ball bonds and replace It with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured un intentionally fails to disclose all exist ing hazards at the Inception date of the Named Insured'& Coverage Part , tha Insurer will not deny coverage under this Coverage Part because of such failure . 25. WAIVER OF SUBROGATION• BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us Is amended to add the following: The Insurer waives any right of recovery the Insure r may have against any person or organization because of payments the Insurer makes for injury or dam~ge arising out of: 1. the Named lnsured's ongoing operations; or 2. your work included in the products-completed operations hazard. However , this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery In a written contract or written agreement, and only If such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily Injury, property damage or personal and advertising lnJury giving rise to the clalm. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a conaolldated (wrlQHIP) Insurance program by applicable state statute or regulation. If the endorsement EXCLUSION -CONSTRUCTION WRAP-UP is attached to this policy, 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, then the following changes apply: A. The following wording Is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) lnS11rance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodlly Injury, property damage, or personal or advertising lnlury that occurs during the Named lnsured's ongoing operations at the project, or during such operations of anyone acting on the Named lnaured's behalf; nor CNA74705XX (1-15) Page 16 of 17 CONTINENTAL CASUALTY COMPANY Insured Name: BELSAAS & SMITH CONSTRUCTION , INC. Policy No: 4032762755 Endorsement No: 2 Effective Date: 09/01/2018 Copyright CNA AU Rights Reserved . lnc/Udea copyrighted material of Insurance servtces Office, Inc., With Its permission . r ... ........ CNA CNA PARAMOUNT Contractors• General Liability Extension Endorsement 2. Bodily Injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not resldentlal structures. 8. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance Is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participa nt in a consolldited (wrap-up) Insurance program, but only as respects the Named lnsured's involvement In that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/proJect manager or owner of the conslructlon project has secured general liability Insurance covering some or all ol the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O .C.I.P.) or Contractor Controlled Insurance Program (C.C.1.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 residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or a11y similar structures). However, when there is no Individual ownership of units, tealdential struck.Ire does not include mllitary •housing, college/university housing or dormitories, long term care facilities, hotels or motels. Resldentlal structure also does not include hospitals or prisons . This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Polley issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy , unless another effective date is shown below, and expires concurrently with said Policy. : CNA74705XX (1-15) Page 17 of 17 Policy No : 4032762755 Endorsement No: 2 CONTINENTAL CASUALTY COMPANY Effective Date: 09/01/2018 Insured Name: BELSAAS &. SMITH CONSTRUCTION, INC. Copyright CNA All Rights Reserved. Includes copyrighted meterla.l of Insurance Services Office, Inc ., with 119 perml&slon. 8 !!!!! === -ilii --= -- i ........ -= CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors • with Products-Completed Operations Coverage Endorsement This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional Insured on this coverage part , but only with respect to liability for bodily Injury , property damage or peraonal and advertising Injury caused in whole or in part by your acts or om issions, or the acts or omiss ions of those acting on your be half: A. In the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily fniury 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. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10· 01 edition of CG2037; or 8. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in Its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodlly lniury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the wrHten contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising In Jury 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 additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 CONTINENTAL CASUALTY COMPANY Insured Name: BELSAAS & SMITH CONSTRUCTION, INC. Policy No: 4032762755 Endorsement No: 4 Effective Date: 09/01/2018 Copyright CNA All Rights Reserved. Include& copyrighted material of lnaurance services Office, Inc., with Its permlsak>n. CNA CNA PARAMOUNT Blanket Additional Insured • Owners, Lessees or Contractors • with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other Insurance available to the additional insured under which the additional Insured is a named insured , this Insurance is primary to and will not seek contributi on from such other Insu rance , provided that a w,ttten contract requi res the insurance provided by this policy to be : 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to ttie insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LfABIUTY CONDITIONS Is amended as follows : The Condition entitled Duties In The Event of Occurrence, Offense, Clain or sun is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any clalm, or any occurrence or offense which may result in a clalm; 2. send the Insurer copies of all legal papers received, end otheiwise cooperate with the Insurer in the Investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any clalm to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, If the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured Is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a clalm from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEANmONS 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: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodlly lnlury or property damage; or 2. the offense that caused the personal and advertising lnlury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. AU other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated In surers , takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date Is shown below , and expires concurrently with said Polley . CNA75079XX (10-16) Page 2 of 2 CONTINENTAL CASUALTY COMPANY Insured Name: BELSAAS &: SMITH CONSTRUCTION, INC. Policy No: 4032762755 Endorsement No: 4 Effective Date: 09/01/2018 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office, Inc., with Its permission .