HomeMy WebLinkAboutRC Excavating PW contract 16-01 (2016) if^
CONSTRUCTION CONTRACT I MAY 2 4 ?01G
THIS AGREEMENT, made on the 27th day ofApril, 2016, by and between the CITY
OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and RC
EXCAVATING, INC., 3125 Birch Road, Suamico, WI 54.173, party of the second part,
hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the CITY and the CONTRACTOR, for the consideration hereinafter named,
agree as follows:
ARTICLE I. SCOPE OF WORK
The CONTRACTOR hereby agrees to furnish all of the materials and all of the
equipment and labor necessary, and to perform all of the work shown on the plans.and
described in the specifications for the project entitled or described as follows:
Public Works Contract No. 16-01
for construction of a wet detention basin for the North Main Street area of the Fernau
Watershed, for the Public Works Department, pursuant to Resolution 16-218 adopted by
the Common Council of the City of Oshkosh on the 26th day of April, 2016, all in
accordance and in strict compliance with the CONTRACTOR's Proposal and the other
Contract Documents referred to in ARTICLE V of this Contract.
ARTICLE 11. TIME OF COMPLETION
The work to be performed under this contract shall be commenced and the work
completed within the time limits specified in the Special Conditions and/or
CONTRACTOR's proposal.
ARTICLE 111. PAYMENT
(a) The Contract Sum.
The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of
$3,123,912.28, adjusted by any changes as provided in the Specifications, or any changes
hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the
event the Proposal and Contract Documents are on a "Unit Price" basis, the above
mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the
CONTRACTOR for the performance of the Contract the amounts determined for the total
number of each of the units of work as set forth in the CONTRACTOR's proposal; the
number of units therein contained is approximate only, and the final payment shall be
made for the actual number of units that are incorporated in or made necessary by the
work covered by the Contract.
1
r i
(b) Progress Payments.
In the event the time necessary to complete this Contract is such that progress payments
are required, they shall be made according to the provisions set forth in the Specifications.
ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS
The CONTRACTOR covenants and agrees to protect and hold the CITY harmless
against all actions, claims and demands of any kind or character whatsoever which may in
any way be caused by or result from the intentional or negligent acts of the
CONTRACTOR, his agents or assigns, his employees or his subcontractors related
however remotely to the performance of this Contract or be caused or result from any
violation of any law or administrative regulation, and shall indemnify or refund to the CITY
all sums including court costs, attorney fees, and punitive damages which the CITY may be
obliged or adjudged to pay on any such claims or demands within thirty (30) days of the
date of the CITY's written demand for indemnification or refund.
ARTICLE V. INSURANCE
The Insurance required by the City of Oshkosh as specified in the CITY's
specifications, including addenda, or plans, or instructions, or advertisements, shall be
primary coverage and that any insurance or self insurance maintained by the City of
Oshkosh, its officers, council members, agents, employees or authorized volunteers will
not contribute to a loss. All insurance shall be based upon the occurrence of an event, and
not based on claims made. All insurance shall be in full force prior to commencing work
and remain in force until the entire job is completed and the length of time that is specified,
if any, in this Contract, the Specifications, whichever is longer.
ARTICLE Vi. COMPONENT PARTS OF THE CONTRACT
This Contract consists of the following component parts, all of which are as fully a
part of this contract as if herein set out verbatim, or if not attached, as if hereto attached:
1. This Instrument
2, The City's Plans and Specifications, including all Addenda's
3. City of Oshkosh Standard Specifications
4. Instructions to Bidders
5. Advertisement for Bids
6. Contractor's Proposal
The Contract Documents are complementary;what is required by one is as binding
as if required by all. Before undertaking each part of the work, the CONTRACTOR shall
carefully study and compare the Contract Documents and check and verify all pertinent
figures and measurements required therein. CONTRACTOR shall promptly report in
writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR
may discover and shall obtain written clarification from the Engineer before proceeding with
any work affected thereby.
In the event that any provision in any of the above component parts of this Contract
2
conflicts with any provision in any other of the component parts, the provision in the
component part first enumerated above shall govern over any other component part which
follows it numerically except as may be otherwise specifically stated,
IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word
"CONTRACTOR" wherever used in this Contract means the party of the second part and
itslhis/their legal representatives, successors, and assigns.
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract
to be sealed with its corporate seal and to be subscribed to by its City Manager and City
Clerk and countersigned by the Comptroller of said City, and the party of the second part
hereunto set its, his or their hand and seal the day and year first above written.
In the Presence of: CONTRACTOR
RC EXCAVATING, INC.
L)
By:� 1_LL
4
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
.
By: --Mark A. Rohloff, City Manager
(W ess -.
And: '
( ess) Pamela R. Ubrig, City ler
APPROVED I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract
City A torney
M
City Comptroller
3
' 61NAWISCONSIN SOCIETY OF ARCHITECT
THE AMERICAN INSTITUTE OF ARCHITECTS
WIS. AIA DOCUMENT
o JULY 1980 ED. WIS, A312
su
a
o.
PUBLIC IMPROVEMENT
N
PERFORMANCEILABOR AND MATERIAL
PAYMENT BOND
N
3
U THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT
A TO SECTION 779.14 WISCONSIN STATUTES.
Bond No.WIC 56052
s
3
KNOW ALL HIEN BY THESE PRESENTS: that (Here insert name and addrw or legal title or the Contractor,
referred to in Sec.779.14 Wisconsin Statutes as the prime contractor) RC EXCAVATING,INC.
3125 Birch Road Suarnico WI 54173
as Principal, hereinafter called Principal, and, (Here insert the legal title and address or surety)
MERCHANTS BONDING COMPANY(MUTUAL)
6700 Westown Parkway West Des Moines IA 50266
duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety,
are held and firmly bound unto (Name and Address or legal title of Owner)
CITY OF OSHKOSH
215 Church Avenue Oshkosh WI 54903-1134
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the
amount of
Three Million One Hundred Twenty Three Thousand Nine Hundred Twelve and 28/100Dollars ($ 3,123,912.28 ),
(Here inset a sum at least equal to the contrnet price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc-
cessors
uscessors and assigns, jointly and severally, firmly by thew. preseiAts.
WHEREAS, RC EXCAVATING, INC.
Principal has by written agreement dated 4/27/2016 entered into a contract with Owner for
Construction of a wet detention basin for the North Main Street area of the Fernau Watershed,Oshkosh,Wisconsin.
in accordance with drawings and specifications prepared by (Here Insert full name, title and oddreas)
which contract is by reference made a part hereof and is required by Section 779,14, Wisconsin Statutes{
a
The said written agreement, drawings, specifications and amendments
N
are hereinafter referred to as the Contract. c
PUBLIC IMPROVEMENT b
PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES
WIS.AIA DOC,WIS,A312AUGUST. 1989ED, PAGE I
Copr. 1969 Wisconsin Society of Architects/AIA
321 S.Hamilton St,
Madison,Wis.53703
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779,14,
Wisconsin Statutes, is such that, if the'Principal "I faithfully perform the said contract and pay every
person entitled thereto for all the claims for labor performed and materials furnished'under the Contract,
to be used or consumed in making the public improvement or performing the public work as provided in
the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect,
subject, however, to the following conditions;
1) No assignment, modification or change of the Principal and the Surety upon this bond for the
Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by
any extension of time for the completion of the Con- reason of the failure of the Principal to comply with
tract shall release the sureties on the bond, the Contract or with the Contract between the Prin-
cipal and his subcontractors. If the amount realized
2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of
work under the Contract, any party in interest may the parties in full, it shall be distributed among the
maintain an action in his own name against the parties pro rata.
Signed and sealed this 9th day of _ May 2018
IN THE PRESENCE OF;
RC EXCAVATING. INC.
Pridapa
sit
witneu Title c e
MERCHANTS BONDINQ COMPANY MUTUAL
N"" of Surety
��'lc Ct.s��-tr�2 ?/V�/l ►�1 ar: (S )
Witaer+U and @: Kelly Coy Attorney-in-Fact
APPROWD BY*
IN THE PRESENCE OF:
Owner
By:
Witnrm Title;
*This bond shall be approved in the case of the state by the state official authorized to enter into such con-
tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its
chairman, of a school district by the director or president and of any other public board or body by the
presiding officer thereof.
PUBLIC IMPROVEMENT
PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES
WIS.AIA DOC,WIS.A312 AUGUST 1989 ED. PAGE 2
MERCHANTS
BONDING COMPANY,
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,
INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,
individually,
Brian Krause; Christopher K Hovden; Jeffrey R Meisinger; Kelly Cody; Roxanne Jensen;
Trudy A Szalewski
their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds, undertakings
and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of:
FIFTEEN MILLION($15,000,000.00)DOLLARS
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the
Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants
National Bonding, Inc.,on October 24, 2011.
"The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and ,
authority to appoint Attorneys-In-Fact,and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
`The.signat,LIre of any authorized officer,and the seat of the Company may be affixed.by facsimile or electronic transmission to.any Power of.
Attorney of Certification thereof authorizing the execuflon and delivery of any bond, undertaking,recognizance,or other suretyship
obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation.It Is fully understood that consenting to the State of Florida
Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company
of any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 13th day of January 2016
"""'!!""r'r�f •
.4-6,• MERCHANTS BONDING COMPANY(MUTUAL)
t+`�++yA�� r ;�C��•''o •••O�NG C���p+, MERCHANTS NATIONAL BONDING,INC.
•*..� c--
2003 .�,��x ;y'•, 1933 • By
,• .•. .� . l��. .ate.
�yy•••....•,rjt°+,ti •,•��., ..•l,.•.
STATE OF IOWA �''�a+„, ,!ln++'`+++ ••'••••
COUNTY OF Dal€as ss. President
On this 131h day of January 2016 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that
he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL_BONDING,INC.;and that the seals affixed
to the foregoing Instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the
Companies by authority of their respective Boards of Directors.
��Vpts WENDY Yf00DY
o. Commission Number 784654
z My Commission Expires
June 20 2017
Notary Pubh , County, Iowa
(Expiration of notary's commission
does not invalidate this instrument)
I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked. ) ,/y
In Witness whereof, I have hereunto set my hand and affixed the seal of the Companies on this�J day of,
co
:? d` c Secretary
4Z ' 1933 •
; v: 2003 ,•,Q. .tib. 4�,ti:
cS�' •
POA 0014 (6/16)
��1 ® DATE(IVWDDNYYY)
CERTIFICATE OF LIABILITY INSURANCE F 05=/2016
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 a
SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this
certificate does not confer rights to the certificate holder in Ileu of such endorsement(s),
PRODUCER CONTACT a
Aon Risk Services Central, Inc, awor6le FAx
Green Bay WI office (AIC.No.Ext): (920) 437-7123 A�Na (920) 431-6345_—
Ill
31-5345111 N. washin9ton Street, Suite 300 E-MAILO
ADDRESS:
P. O. Box 23004Z
Green Bay w1 54305-3004 USA
INSURER(S)AFFORDING COVERAGE Nwc 4
INSURED iNSURERA: ACUITY, A Mutual Insurance Company 14184
R C EXcavatinq Inc. INSURER B:
2633 Quail Lane
Suamico wx 54173 USA INSURERC:
INSURER 0:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 570062053900 REVISION NUMBER:
THIS IS TO CERTIFYTHATTHE 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 V41TH 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. Limits shown are as requested
INSR AI LTR TYPE OF INSURANCE INSO wvD POLICYNULI8ER MM1DD OLICY FF MMMD LIMITS
A X COMMERCIAL GENERAL LIABILITY L EACH OCCURRENCE $1,000,000
CLAIPJSMADE ❑X OCCUR $250,550
PREMISES a occurrence)
X AGGREGATE PER PROJECT MED EXP(Any one person) $10,000
PERSCNALBADV INJURY $1,000,000 0
GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $3,000,000 2,
POLICY �PERCOT- t" I LOC PRODUCTS-COMPIOPAGG $3,000,000
0
OTHER:
t`
A AUTOMOBILE LIABILITY 479951 04/01/2016 04/01/2017 COMBINED SINGLE LIMIT $1,000,000
a autdent
Ix
ANYALITO BODILYINJURY(Perperson) 0
OLVNEO SCHEDULED BODILY INJURY(Peraccident) GSAUTOS ONLY AUTO'' PROPERTYDAMAGE to
HIREDAUTOS X NON-OPINED 11(,1 den, r~
ONLY AUTOS ONLY
it
d
A X UMBRELLALIAB X OCCUR L79951 04/01/2016 04/01/2017 EACH OCCURRENCE $5,000,005 U
EXCESSLIAB CLAIMS-MADE AGGREGATE $5,000,000
OEO RETENTION
A NJORKERSCOMPENSATION AND L79951 04/01 2016 T410112017 X PER STATUTE I JOTH.
EMPLOYERS'LWB$LITY
AftYPROPRIETORIPARTriEftIE`PCUTIVE YIN
- E.L.EACH ACCIDENT $1001000
OFRCETWE1lEER EXCLUQEDI NIA
(Mandatary in NHI E.L.DISEASE-EA EMPLOYEE $100,000
Ifyes,describe under
DESCRIPTION OFOPERATKONSbekny E.LDISEASE-POLICYLIVIr $500,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be attached if more space is required) -3
RE: CONSTRUCTION OF A WET DETENTION BASIN FOR THE NORTH RAIN STREET AREA OF THE FERNAU WATERSHED, OSHKOSH, WISCONSIN,
ADDITIONAL INSURED ON THE GENERAL LIABILITY, AUTO AND UMBRELLA CITY OF OSHKOSH AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS,
EMPLOYEES AND AUTHORIZED VOLUNTEERS AS RESPECTS TO THE PROSECT NAMED ABOVE PER BLANKET ADDITIONAL INSURED ENDORSEMENT, AS
REQUIRED BY WRITTEN CONTRACT.
r
OF!
ALL-
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE PATH THE
POLICY PROVISIONS.
�d
CITY OF OSHKOSH AUTHORIZED REPRESENTATIVE ,
215 CHURCH AVENUE
OSHKOSH wI 54903-1130 USA
e�E`OlL ;/Gl4i/ r✓6L247.'G� CJHz�tcd�e.!?tA.
09988-2015 ACORD CORPORATION.All rights reserved.
ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD
ADDITIONAL INSURED-AUTOMATIC STATUS WHEN REQUIRED IN WRIT- CA-7214(10-98)
TEN AGREEMENT WITH YOU -PRIMARY
This endorsement modifies insurance provided under out of operations performed for the additional in-
the following: sured by you.
BUSINESS AUTO COVERAGE FORM 2. The coverage provided by this endorsement will
GARAGE COVERAGE FORM be primary and noncontributory with respect to any
MOTOR CARRIER COVERAGE FORM other coverage available to the additional insured.
1. Who Is an Insured under Section lI - Liability 3. The Limits of Insurance applicable to the addi-
Coverage is amended to include any person or or- tional insured are those specified in the written con-
ganization with whom you have agreed in writing in tract or agreement or in the Declarations for this
a contract or agreement that such person or or- Coverage Farm, whichever is less. These Limits of
ganization be added as an additional insured on Insurance are inclusive and not in addition to the
your policy. Such persons or organizations are addi- Limits of Insurance shown in the Declarations.
tional insureds only with respect to liability arising
Policy x,79951
ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-AUTO- CG-7194(5-13)
MATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH
YOU -PRIMARY AND NONCONTRIBUTORY
This endorsement modifies insurance provided under This insurance does not apply to:
the following: a. Bodily injury, property damage or personal
COMMERCIAL.GENERAL LIABILITY COVERAGE PART and advertising injury arising out of the ren-
t. Section 11 - Who Is An Insured is amended to daring of, or the failure to render, any pro-
include as an additional insured: fessional architectural, engineering or sur-
a. Any person or organization for whom you veying services, including:
are performing operations when you and (1) The preparing, approving or failing to
such person or organization have agreed in prepare or approve maps, shop
writing in a contract or agreement that such drawings, opinions, reports, surveys,
person or organization be added as addi- field orders, change orders or drawings
tional insured on your policy; and and specifications;or
b. Any other person or organization you are (2) Supervisory, inspection, architectural or
required to add as an additional insured engineering activities.
under the contract or agreement described b. Bodily injury or property damage occurring
in paragraph a above. after:
Such person or organization is an additional (1) All work, including materials, parts or
insured only with respect to liability for bodily equipment furnished in connection with
injury, property damage or personal and ad- such work, on the project (other than
vertising injury caused, in whole or in part, by: service, maintenance or repairs) to be
a. Your acts or omissions; or performed by or on behalf of the addi-
b. The acts or omissions of those acting on tional insured(s) at the location of the
your behalf; covered operations has been complet-
ed; or
in the performance of your ongoing operations (2) That portion of your work out of which
for the additional insured. the injury or damage arises has been
A person's or organization's status as an addi- put to its intended use by any person
tional insured under this endorsement ends or organization other than another con-
when your operations for that additional insured tractor or subcontractor engaged in per-
are completed. forming operations for a principal as a
2. With respect to the insurance afforded to these part of the same project.
additional insureds, the following additional ex- 3. The insurance provided by this endorsement is
clusions apply: primary and noncontributory.
Policy L79951
ADDITIONAL INSURED -COMPLETED OPERATIONS-PRIMARY CG-7274(5-13)
AND NONCONTRIBUTORY AUTOMATIC STATUS WHEN REQUIRED
IN CONSTRUCTION AGREEMENT WITH YOU (OWNERS, LESSEES OR
CONTRACTORS)
This endorsement modifies insurance provided under 2, This insurance does not apply to:
the following: a. Bodily injury or property damage which oc-
COMMERCIAL GENERAL LIABILITY COVERAGE PART curs prior to the execution of the contract or
1. Section 11 - Who Is An Insured is amended to agreement described in item 1; or
include as an additional insured: b. Bodily injury or property damage that oc-
a. Any person(s) or organization(s) for whom curs after the time period during which the
you have performed operations if you and contract or agreement described in item 1
such person(s) or organization(s) have requires you to add such person or or-
agreed in writing in a contract or agreement ganization onto your policy as an additional
that such person(s) or organization(s) be insured for completed operations; or
added as an additional insured on your poli- c. Bodily injury or property damage arising out
Gy for completed operations; and of the rendering of, or the failure to render,
b. Any other person(s) or organization(s) you any professional, architectural, engineering
are required to add as an additional insured or surveying services, including:
under the contract or agreement described (1) The preparing, approving or failing to
in paragraph a above. prepare or approve maps, shops
Such person or organization is an additional drawings, opinions, reports, surveys,
insured only with respect to liability included in field orders, change orders or drawings
the products-completed operations hazard for and specifications;or
bodily injury or property damage caused, in (2) Supervisory, inspection, architectural or
whole or in part, by your work performed for engineering activities.
that additional insured at the location desig- 3. The insurance provided by this endorsement is
nated and described in the contract or agree- primary and noncontributory.
ment.
REVISION OF OTHER INSURANCE CONDITION FOR ADDITIONAL CU-7098(12-11)
INSUREDS -AUTOMATIC STATUS -PRIMARY OR PRIMARY AND NONCON-
TRIBUTORY
This endorsement modifies insurance provided under are exhausted, this insurance will be
the following. primary.
COMMERCIAL_EXCESS LIABILITY COVERAGE FORM (2) If you have agreed in writing in a con-
1. The amended Other Insurance condition in tract or agreement prior to an occur-
paragraph 2 below applies only to persons or rence, claim, or suit, to provide insur-
organizations qualifying as additional insureds ante to the additional insured that is
under the underiying insurance, subject to all both primary and noncontributory, then
other terms and conditions of this policy not after:
modified by this endorsement. (a) The underlying insurance applica-
1 Solely with respect to the insurance afforded to ble to that contract or agreement;
persons or organizations described in para- and
graph 1 above, the Other Insurance condition (b) All other applicable insurance gro-
in Section III - Conditions is replaced by the viding coverage on a primary or
following: similar basis;
Other Insurance are exhausted, this insurance will be
a. Excess Insurance primary and we will not seek contribu-
Unless provision (1) or (2) in paragraph b tion from other insurance available to
below applies, this insurance is excess over the additional insured where they are a
any other valid and collectible insurance Named insured.
whether primary, excess, contingent or any (3) The most we will pay for a person or
other basis, except other insurance written organization as primary insurance un-
specifically to be excess over this insurance. der paragraphs (1) and (2) above will
b. Primary Insurance be the lesser of:
(1) if you have agreed in writing in a con- (a) The Limits of Insurance shown in
tract or agreement prior to an occur- the Declarations of this policy and
rence, claim, or suit, to provide insur- as described in Section 11 - Limit of
ante to the additional insured on a pri-
mary basis, then after: (b) The amount of insurance you are
(a) The underlying insurance applicable required to provide the additional
to that contractor agreement;and insured in the written contract or
agreement, less any amount paid
(b) All other applicable insurance pro- by underlying insurance.
viding coverage on a primary or
similar basis;