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HomeMy WebLinkAboutWoodruff Construction - FY23 Gates Park Improvement, Cont. No. 1076 - 5/30/2023FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF FY 2023 GATES PARK IMPROVEMENTS CITY OF WATERLOO, IOWA CONTRACT NO, 1076 This contract made and entered into this 30th day of May , 20 23, by and between the City of Waterloo, Iowa, a Municipal Corporation , (hereinafter referred to as City), and Woodruff Construction, Inc. of Fort Dodge, IA (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 PAR. 6 PAR. 7 Contractor agrees to build and construct the FY 2023 GATES PARK IMPROVEMENTS, Contract No. 1076, and furnish all necessary tools, equipment, materials., and labor necessary to do all the work called for in the plans and specifications in a workmanlike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed." Stage 1 shall be completed on or before May 24, 2024, and Contract shall be completed within 240 working days, unless an extension of time is granted in writing by the Council of the City. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient FORM OF CONTRACT C-1 of 4 FY 2023 Gates Park Improvements City Contract No. 1076 Waterloo, Iowa PAR. 8 PAR. 9 PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. FORM OF CONTRACT C-2 of 4 FY 2023 Gates Park Improvements City Contract No. 1076 Waterloo, [owe PAR. 15 PAR. 16 PAR. 17 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Engineer's estimates of quantities and the Contractors unit bid prices, and for which 100% surety bond is required, is $ 9,362,172.82 (Base + A1t.1) After the completion of said work, the Contractor agrees to remove all debris and cleanup said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 PAR. 21 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days' notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT C-3 of 4 FY 2023 Gates Park Improvements City Contract No, 1076 Waterloo, Iowa CITY OF WATERLOO, IOWA QuerHin Mayor Reffey Fefchfe City Clerk Woodruff Construction Contractor BY: 444 <r"j Title: Jason Rechkemmer, Chief Operations Officer Approved by the City Council of the City of Waterloo, Iowa, this 30th day of May ATTEST: xeffey Eefchfe Waterloo, Iowa , City Clerk 20 23 FORM OF CONTRACT C-4 of 4 FY 2023 Gates Park Improvements City Contract No. 1076 Waterloo, Iowa Bond Number: 190051013 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Woodruff Construction, Inc. of Fort Dodge, IA (the "Principal"), and Liberty Mutual Insurance Company of Boston, MA (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Nine Million Three Hundred Sixty-two Thousand One Hundred Dollars ($ 9,362,172.82 Sf of l ii+itul money of the United States, for the payme tRf 9yd sum in connection with a contract (the "Contract") dated on or about for the purpose of FY 2023 Gates Park Improvements in the City of Waterloo, Iowa; Contract No. 1076 . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion Tess the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Performance Bond Page 1 of 2 Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: 1 To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, hay y+oicAigned Principal and Surety have executed this Performance Bond as of PRINCIPAL Woodruff Construction, Inc. SURETY Liberty Mutual Insurance Company Name 1 Name Title: s 61 Title: Stacy Venn, Attorney -in -Fact [attach Power of Attorney] Performance Bond Page 2 of 2 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 3 of 2 Bond Number: 190051013 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Woodruff Construction, Inc. (Name of Contractor) Fort Dodge, IA (Address of Contractor) a Corporation (Corporation, Partnership or individual) and, Liberty Mutual Insurance Company (Name of Surety) 175 Berkeley Street Boston, MA 02116 , hereinafter called Principal, (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo 715 Mulberry Street, Waterloo, IA 50703 (Name of Owner) (Address of Owner) hereinafter called OWNER, in the penal sum of * Dollars,($ 9,362,172.82 Nine Million Three Hundred Sixty-two Thousand One Hundred Seventy-two & 82/100 in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that w iceas, the Principal entered into yaz& -tain contract with the OWNER, dated the day of , a copy of which is hereto attached and made a part hereof for the construction of: FY 2023 Gates Park Improvements in the City of Waterloo, Iowa; Contract No. 1076 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in one of three (3) counterparts, each 30th (number) May 2023 which shall be deemed an original, this the day of ATTEST: &#4,07, (Principal)Secretary (SEAL) Witness as to Prilncipal 1890 Kountry Lane (Address) Fort Dodge, IA 50501 ATTEST: ty Kate Zanders Woodruff Construction, Inc. By Principal 1890 Kountry Lane (Address) Fort Dodge, IA 50501 Liberty Mutual Insurance Company Attorney -in -Fact --- Stacy Venn, Attorney -in -Fact Holmes, Murphy and Associates, LLC (Address) 2727 Grand Prairie Parkway Waukee, IA 50263 (Address) 2727 Grand Prairie Parkway Waukee, IA 50263 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. vi a, C �J L 22 to u ay o� > aim •— tr) cis oi' O C ay .c EY o _ ro c aa! o= Z u Liberty Mutual® SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty tnsuance Conpary is a corporation duly organized under the laws, of the State of New Hanpslire, that Liberty Mutual Insurance Corrpary is a corporation duly organized under the laws of the State of Massachusetts, and WestArrerican Insurance Corrpary is a corporation illy organized under the laws of the State of Irdiana (herein collectively called the 'Companies), pursuant to and by authority herein setfut, does hereby name, constitute and appoint, A nne Crowner, Brian M. Deimerly, Cindy Bennett, Craig E. Hansen, Dione R. Young, Jay D. Freiermuth, Seth D. Rooker, Stacie Christensen, Stacy Venn, Tim McCulloh Certificate No: 8205943-190056 all of the city of Waukee state of IA each individually ifthere be more than one flamed its true and lawful attorney-inrfact to rrake, execute, seal, acknowledge and deliver, for and on is behalfas surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Corrpanies as if they have been cUy signed by the president and attested by the secretary of the Corrpanies in their owrl proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Corrpanies and the corporate seals of the Corrparues have been affixed thereto this 13th day of J uly , 2021 . By State of PENNSYLVANIA Carty of MONTGOME RY ss On this 13th clay of J uly , 2021 before rre personally appeared David M Carey, who acknowledged hirrselfto be the Assistant Secretary of Liberty Mutual Insurance Conpany, The Oho Casualty Conpary, and West Arrerican Insurance Corrpary, and that he, as such beirg authorized so to do, execute the foregoing irlstrurrert for the purposes therein contained by sigrirg on behalf of the corporations by hrrseff as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed rry narre and affixed fry notarial seal at Kirg of Prussia, Pennsylvaria, on the day and year first above written Liberty Mutual Insurance Corrpany The Ohio Casualty Insurance Conpary West Anrerican Insurance Corrpary Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2025 Commission number 1126044 Member, Pennsylvania Association of Notaries By: David M Carey, Assistant Secretary Teresa Pastella, Notary Public This Power of Attorney is rrade and executed pursuant to and by authority of the followiing By-laws and Audhoizatiorn of The Ohio Casualty Insurance Corrpany, Liberty Mutual Insurance Corrpary, and West ArrericanInsurance Conpanywhich resolutions are now in fill force and effect rearing as follows: ARTICLE IV " OFFICERS: Section 12. Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writirg by the Chairman or the President and subject to such lit'Citalion as the Chaiman or the President may prescribe, shall appoint such attorneys -in -fact as nay be necessary to act in behalf of the Corporation to make, execute, seal, aclaranlecjge and deliver as surety any and all uxiertakir>gs, bonds, recogrizances and other suety obligations. Such attorneys -in -fact, subject to the !irritations set forth in their respective powers of attorney, shall have full power to bird! the Corporation by their signature and execution of ary such irtstiurertls and to attach thereto the seal of the Corporation When so execute such insmrrer s shall be as lairxirg as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attnrtey--in-fact trader the prwisions of this article may be revoked at any tirre by the Board, the Chairman the President or by the officer or officers grantirg such power or authority. ARTICLE XBI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Corrpary authorized for that pure in writirg by the chairman or the president, and subject to such lin nations as the chrlairrran or the president rray prescribe, shall appoint such attorneys -in -fact as nay be necessary to act in belaff of the Company to rrake, execute, seal, acknowledge and deliver as suety any and all undertakings, bonds, recogrizances and other suety obligations. Such attorneys -in -fact subject to the lin-nations set forth in their respective powers of attorney, shall have full power to Lind the Corrpany by their signature and execution of any such instrurrerts and to attach thereto the seal of the Corrpany. When so executed such instwents shall be as binding as if signed by the p esidert and attested by the secretary. Certificate of Designation - The President of the Company, actirg pwsuantto the Bylaws of the Corrpary, authorizes David M Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Corrpary to rrake, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, reccgrizartces and other surety obligations. Authorization - By unanirmLs consent of the Corrparys Board of Directors, the Conpary consents that facsirrile or rrecharically reproduced signatue of any assistant secretary of the Conpary, wherever appearing upon a certified copy of any pater of attorney issued by the Company in connection with surety bonds, shall be valid and birdirg upon the Conpary with the sane force and effect as tho gh rrnrially affixed I, Renee C. Llewellyn the Li zersigned, Assistant Secretary, The Olio Casualty Insurance Conpary, Liberty WWI Insurance Conpary, and WestArrerican Insurance Company do hereby, certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Corrpanies, is intuit force and effect and has not been revoked IN TESTIMONY WHEREOF, I have hereunto set rry hand and affixed the seals of said Companies this day of B y: c,104y— Renee C. Llewellyn, Assistant Secretary U) E a> o s= U Cr r r 3 c E o>, N ,c)_ ayrJ 0_O —_ >.— a) _ oto < O L N N M L co O p C = 0 U O N En O LL O LMS-12873 LMIC OCIC WAIC Multi Co 0221 CEeCERTIFICATE OF LIABILITY INSURANCE AT/25M/'20 3'"I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-800-297-7756 Holmes Murphy & Associates - WDM PO Box 9207 Des Moines, IA 50306-9207 CONTACT NAME: PHONE 800 247 7756 FAX (A/C. No. Ext): (A/C, No E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: NATIONAL FIRE INS CO OF HARTFORD 20478 INSURED Woodruff Construction Inc. 1890 Kountry Lane Ft. Dodge , IA 50501 INSURERB: VALLEY FORGE INS CO 20508 INSURER C CONTINENTAL INS CO 35289 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 68832666 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. INSR LTR TYPE OF INSURANCE ADDL INSD,_WVD SUBR POLICY NUMBER POLICY EFF (MM!DDYYY) POLICY EXP (MMIDD/YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY 7015126665 07/01/22 07/01/23 EACH OCCURRENCE $ 1,000,000 X OCCUR DAMAGE PREMISES PREMISESS (RENTED TCLAIMS-MADE occurrence) $ 500,000 X Includes XCU MED EXP (Any one person) $ 15,000 X Contractual Liability PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PRO [X JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED -SCHEDULED X AUTOS NON -OWNED AUTOS ONLY 7015126679 07/01/22 07/01/23 COMBWEDSccident)INGLELIMIT (Ea a $ 1,000,000 BODILY INJURY (Per person) $ accident) BODILY INJURY(Perid $ PROPERTY DAMAGE (Per accident) $ $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 7015126696 07/01/22 07/01/23 EACH OCCURRENCE $ 10, 000, 000 AGGREGATE $ 10, 000, 000 DED X RETENT ON $ 0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y! N N N/A 7015126682 07/01/22 07/01/23 X STATUTE EERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 See Supplemental Page DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: FY 2023 Gates Park Improvements in the City of Waterloo, Iowa; Contract No. 1076 The City of Waterloo, Iowa, and AECOM Technical Services, Inc. is an Additional Insured as required by written contract with the insured, per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry St Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA ACORD 25 (2016/03) gfullerwdsm coo»ccc © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE NAME OF INSURED: woodruff Construction Inc. 05/25/2023 PACKAGE -Continental Ins. Co. Policy # 7015194996 EFF 07/01/22-07/01/23 Property, including Property of Others - $6,263,267 Blanket Building & Contents Special Form/Replacement Cost/$5,000 Deductible Inland Marine $5,834,441 Owned Contractors Equipment Special Form/Actual Cash Value/$2,500 Deductible $500,000 Leased/Rented Equipment Special Form/$2,500 Deductible $1,000,000 Riggers Liability Special Form/$1,000 Deductible INLAND MARINE - Continental Ins. Co. Policy # 7015307099 EFF 07/01/22-07/01/23 Blanket Builders Risk - Reported $2,500,000 FRAME $5,000,000 JOISTED MASONRY $25,000,000 METAL NON-COMBUSTIBLE $25,000,000 MASONRY NON-COMBUSTIBLE $25,000,000 FIRE RESISTANT $500,000 PROPERTY IN -TRANSIT LIMIT $500,000 TEMPORARY STORAGE LIMIT $2,000,000 INSTALLATION FLOATER Special Form, including equipment breakdown / $5,000 Deductible CONTRACTORS POLLUTION LIABILITY - Illinois Union Insurance Company CPYG27644776 EFF 07/01/21-07/01/23 $2,000,000 per Pollution Condition $4,000,000 Aggregate $25,000 Self Insured Retention SUPP (10/00) SUPPLEMENT TO CERTIFICATE OF INSURANCE NAME OF INSURED: Woodruff Construction Inc. DATE 05/25/2023 SUPP (10100) - 00510 JOBID 35B18000936 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 personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: 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 injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: z 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 B. 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 bodily 4 injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. O III. 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 written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an 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) Policy No: 7015126665 Page 1 of 2 Endorsement No: 9 Nat'l Fire Ins Co of Hartford Effective Date: 07/01/2022 Insured Name: WOODRUFF CONSTRUCTION Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. 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 contribution from such other insurance, provided that a written contract requires 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 the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit 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 claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise 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 claim 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 claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All 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 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. CNA75079XX (10-16) Policy No: 7015126665 Page 2 of 2 Endorsement No: 9 Nat'l Fire Ins Co of Hartford Effective Date: 07/01/2022 Insured Name: WOODRUFF CONSTRUCTION Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Mice, Inc, with Its permission, NNNNFN 00515 JOB ) 35Ei800U936 CNA CNA PARAMOUNT Iowa Governmental Immunities Endorsement This endorsement modifies insurance provided under the following:: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE City or Organization. it is understood and agreed as follows: 1. Non -Waiver of Government immunity The Insurer expre sly agrees and states that the purchase of this policy by the City or Organization specified in the Schedule above (hereafter referred to as 'the City), or the including Of the City as an Additional insured on this policy, does not waive any of the defenses of governmental immunity available to the City under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage Subject to paragraph 4. below, the Insurer expressly further agrees that this policy of insurance does not ci5vAr Clitiims subject to the defense of governmental immunity under Cede Of Iowa 670,4 as it now exists and as it may be amended from time to time. Claims not subject to Code of Iowa 670.4 shall be subject 10 the terms and conditions of this insurance policy. 3. Assertion of Governmental Irrtrnunity The City shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the Insurer's timely written request. Nothing contained in this endorsement shall prevent the Insurer from asserting the defense of governmental immunity on behalf cf the City. 4. Non-Denlal of Coverage The Insurer shall nat deny coverage otherwise available under this policy, nor deny any of the rights and benefits accruing to the City under this policy, for reasons of governmental immunity unless and until a court Of competent jurisdiction has ruled in favor of the defenses of governmental immunity assorted by the City. All 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 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. CNA8313331A (11.15) Page 1of1 Nat. '1 Fire Ins Co of Hartford Insured Name: WoolDRUFfi CONSTRUCTION Policy No: 701 5126 55 Endorsement No: 13 EffieCtive Date: 07 / 01 /2 022 COpyrIght CNA A Aaser4vd. NA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the followingparagraph: 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 eleValors, 23, SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS - COVERAGES A AND S is amended as follows: A. Pa ragraph 1.b, is amended to delete the $250 limit shown for the cost of bail 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 unintentionally fails to disclose all existing hazards at the inception date of the Named hieured's Coverage Part. the Insurer will not deny coverage under this COvnrage Pant 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 Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. HawGver, 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 etfeCI 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 injury giving rise to the claim, 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 consolidated (wrap-up) insurance program by applicable state statute or regulation. It 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 lollowing wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was invotved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1, Bodity injury, property damage, or personal or advertising injury that occurs during the Named Insureds ongoing operations al the project, or during such operations of anyone actting on the Named insured behalf: nor CNA747O5XX (1-15) Policy No: 7015126665 Paget& of 17 Endorsement No: 2 Nat '1 Fire Ins Co of Hartford Effective Date: 07/01/2022 Insured Name: woo°RUPP CONSTRUCT ION Ca pyriphr CNA Al FOOL, Reserved ;ncludes EPyTlehted metes 0! ;ns xancSetvz49 Otho3. Inc,, wrm its pelr*ilsion :)471 JUBI) 3SE28UOU936 0007 at 00 9' - CNA CNA PARAMOUNT Policy Holder Notice - Countrywide It is understood and agreed that - If the Named insured has agreed under written contract to provide notice of cancellation to a party to whom the Agent at Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance tor any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice Any 'allure by the Insurer to notify such persons ur organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon the insurer or the Agent of Record. All 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 Insurers, takes effect on tha 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. CNA75014}4X (1-15) Policy No: 7015126665 Page 1 of 1 Endorsement No: Nat'l Fire Ins Co of Hartford Effective Date: 07/01/2022 Insured Name: WOODRUFF CONSTRICTION Copyf`t CNA an Rims Reserved Inc+utles copyrklrii 1 rmeteria7 a! Irisurarl Services 07tice, Inc., rvltri I s permission DNA Business Auto Policy Policy Endorsement CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2_ (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement No: 13; Page: 1 of 4 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Endorsement Expiration Date: Policy No: BUA 701 5126679 Policy Effective Date: 07/01/2022', Policy Page: 58 of 365 Copyright CNA All Rights Reserved. Includes copyrighted material of the Incuror,rn Cnrvinne (lff;ro .,,l+h itc norm.;ccinn CNA Business Auto Policy Policy Endorsement C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage{s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. 2► Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 13; Page: 2 of 4 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 7015126679 Policy Effective Date: 07/01/2022 Policy Page: 59 of 365 Copyright CNA All Rights Reserved. Includes copyrighted material of the Incur�n na Cnn,innc flffirn Inr ucari sn,irh ire na.miccinn CNA Business Auto Policy Policy Endorsement F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. 11) Equal to the greatest of those coverages afforded any covered auto; and (21 Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement No: 13; Page: 3 of 4 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Endorsement Expiration Date: Policy No: BUA 70151 26679 Policy Effective Date: 07/01 /2022 Policy Page: 60 of 365 ° Copyright CNA All Rights Reserved. Includes copyrighted material of the Inc/ iror,na Cerarcie Cif -Finn r,arm,oe7.,r, CNA Business Auto Policy Policy Endorsement (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No: CNA63359XX (04-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 13; Page: 4 of 4 Underwriting Company: Valley Forge Insurance Company, 1 51 N Franklin St, Chicago, IL 60606 Policy No: BUA 7015126679 Policy Effective Date: 07/01 /2022 Policy Page: 61 of 365 Copyright CNA All Rights Reserved. Includes copyrighted material of the incur.mnro Cor.,fnnc riffirn Inn n.eud ,nritk. Ito ner,niceinn DNA Business Auto Policy Policy Endorsement 1 NQTlCE OF CANCELLAT€ON TO CER`F.IFICATEHOLDERS • It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at (east 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All 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 Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA68021 XX {02-2013) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 14; Page: 1 of 1 Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 70151 26679 Policy Effective Date: 07/01 /2022 Policy Page: 62 of 365 ® Copyright CNA All Rights Reserved. CNA 1 Workers Compensation And Employers Liability Insurance Policyholder Notice NOTICE OF CANCELLATION TO CERTIFIOATE .'.HOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All 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 Insurers, I takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021A (02-2013) Policy No: WC 7 15126682 Policyholder Notice; Page: 1 of 1 Policy Effective Date: 07/01/2022 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 17 of 124 ° Copyright CNA All Rights Reserved. DNA Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All 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 Insurers,'. takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-19841 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 4; Page: 1 of 1 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: WC 7 15126682 Policy Effective Date: 07/01 /2022 Policy Page: 92 of 124 Copyright 1983 National Council on Compensation Insurance. CNA CNA Paramount Excess and Umbrella Liability PoHcV or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first aid, without the Insurer's prior consent. 3. Cooperation With respect to both Coverage A - Excess Follow Form Liability and Coverage B — Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph 0. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer's approval, make any payment, admit liability, assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. With respect to Coverage A — Excess Follow Form Liability only, if: a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available; b. Underlying Insurance includes that person or entity as an additional insured; and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity; then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer's rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a claim is made. U. Transfervof Interest Form No: CNA75504XX (03-2015) Policy Page: 21 of 32 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy No: CUE 7015126696 Policy Effective Date: 07/01/2022 Policy Page: 31 of 51 © Copyright CNA All Rights Reserved. CNA or CNA Paramount Excess and Umbrella Liability Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer's reliance on the Named Insured's representations as to existing hazards, if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy, the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. is in effect or becomes effective during the policy period; and 2. was executed prior to Toss. VII. DEFINITIONS For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured's goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: A. notices that are published include material placed on the Internet or on similar electronic means of communication; and B. regarding web -sites, only that part of a web -site that is about the Named Insured's goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer's consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber, particle or dust, contained in or formed a part of a product, structure or other real or personal property, carried on clothing, inhaled or ingested, or transmitted by any other means. Authorized Insured means any executive officer, member of the Named Insured's risk management or in-house general counsel's office, or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means: A. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equipment. Bodily injury means bodily 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 bodily injury, sickness or disease. Claim means a: A. suit; or Form No: CNA75504XX {03-201 5) Policy No: CUE 7015126696 Policy Page: 22 of 32 Policy Effective Date:07/01/2022 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 32 of 51 ° Copyright CNA All Rights Reserved.