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2020-12-07 - Ordinance 2020-097 - AUTHORIZING A CONSTRUCTION CONTRACT WITH BOLDER CONTRACTORS ORDINANCE NO.2020-97 AN ORDINANCE AUTHORIZING A CONSTRUCTION CONTRACT WITH BOLDER CONTRACTORS WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village seeks to enter into a Construction Contract with Bolder Contractors for water main replacement,street rehabilitation and storm sewer improvements along various streets in the Melinda and Hiawatha area of the region commonly known as the Old Buffalo Grove neighborhood. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE,COOK AND LAKE COUNTIES, ILLINOIS, as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance as if fully set forth herein. SECTION 2. The Village Manager is authorized to enter into a Construction Contract with Bolder Construction for water main replacement, street rehabilitation and storm sewer improvements along various streets in the Melinda and Hiawatha area of the region commonly known as the Old Buffalo Grove neighborhood at a price not to exceed $2,479,513.79. SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and shall not be codified. AYES: 6—Stein Ottenheimer, Weidenfeld Johnson Smith, Pike NAYES: 0—None ABSENT: 0—None PASSED: December 7,_2020 APPROVED: December 7,2020 APPROVED: Beverly Sussma7, Village President ATTEST: r Jan t&-rabian,Village Clerk Illinois Department Local Public Agency of Transportation Formal Contract PROPOSAL SUBMITTED BY Bolder Contractors Inc. Contractor's Name 316 Cary Point Drive Street P.O.Box Cary IL 60013 City State Zip Code STATE OF ILLINOIS COUNTY Cook/Lake Villa e of Buffalo Grove (Name of City,Village,Town or Road District) FOR THE IMPROVEMENT OF STREET NAME OR ROUTE 2021 Melinda/Hiawatha Water&Street Improvements SECTION NO. N/A TYPES OF FUNDS General (Local) _. ®SPECIFICATIONS(required) ®PLANS(required) ®CONTRACT BOND(when required) For Munici al Projects S miffed/A ved/Passed a! of awaFd 13 ,..._� ......................._. Mayor [S Presf#nt of Board of Trustees ❑Municipal Official Regional ERginee Date becem btX I I 7,D W Bate Ind Read Dastriet Proje6ts Highway GOMM46-6-09flPff ....�................_ e �_ ..�...........�..�......... Dat Gounty SAgineeFASupe�iniendent of Highways Bate Printed 11/30/2020 Page 1 of 2 BLR 12320(Rev.01/09114) County Cook/Lake Aer Local Public Agency V. of Buffalo Grove Section Number N/A Route Various 1. THIS AGREEMENT, made and concluded the 7th _ day of December,2020 _ Month and Year between the Village of Buffalo Grove acting by and through its President and Board of Trustees known as the party of the first part,and Bolder Contractors Inc. his/their executors,administrators, successors or assigns, known as the party of the second part. 2. Witnesseth: That for and in consideration of the payments and agreements mentioned in the Proposal hereto attached, to be made and performed by the party of the first part, and according to the terms expressed in the Bond referring to these presents, the party of the second part agrees with said party of the first part at his/their own proper cost and expense to do all the work, furnish all materials and all labor necessary to complete the work in accordance with the plans and specifications hereinafter described, and in full compliance with all of the terms of this agreement and the requirements of the Engineer under it. 3. And it is also understood and agreed that the LPA Formal Contract Proposal, Special Provisions, Affidavit of Illinois Business Office,Apprenticeship or Training Program Certification, and Contract Bond hereto attached, and the Plans for Sest+ert to the Village of Buffalo Grove,w are essential documents of this Date contract and are a part hereof. 4. IN WITNESS WHEREOF,The said parties have executed these presents on the date above mentioned. Attest: Village The Villa e f Buff o Grove Clerk Byill I I will ill I! P rty of the First Part (Seal) (if a Corporation) Corporate Name 0GK'yaA'--0�5 By P iden Party of the Second Part (if a Co-Partnership) Attest: ..... _._._._._._._._._._._._._._._._._._._._._._._._._._._._--- ____________� Secretary Partners doing Business under the firm name of Party of the Second Part (if an individual) Party of the Second Part Printed 11/30/2020 Page 2 of 2 BLR 12320(Rev.01/09/14) Illinois Department of Transportation Contract Bond 2021 Melinda/Hiawatha Water&Street Improvements Route Various County Cook/Lake Local Agency V. of Buffalo Grove Section N/A BOND#9353739 We , Bolder Contractors Inc. 316 Cam Point Drive Car Illinois 60013 a/an) ❑ Individual ❑ Co-partnership ® Corporation organized under the laws of the State of Illinois as PRINCIPAL, and Fidelity and Deposit Company of Maryland 1299 Zurich Way, 5th Floor Schaumburg, IL 60196-1056 as SURETY, are held and firmly bound unto the above Local Agency (hereafter referred to as"LA")in the penal sum of „ wo io n Fo ur Hundred Seventy Nine Thousand Five Hundred Thirteen Dollars and 79/100---------------- ------- 19/01�, - s � ,------------------------- Dollars ( $2,479,513.79 ), lawful money of the �QQrQftS ,well and truly to be paid unto said LA, for the payment of which we bind ourselves, our heirs, executors, fedrntnistl atd'dl,)16tic6eSsors,jointly to pay to the LA this sum under the conditions of this instrument. WHEREAS THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that,the said Principal has entered into a written contract with the LA acting through its awarding authority for the construction of work on the above section,which contract is hereby referred to and made a part hereof, as if written herein at length, and whereby the said Principal has promised and agreed to perform said work in accordance with the terms of said contract, and has promised to pay all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished to such Principal for the purpose of performing such work and has further agreed to pay all direct and indirect damages to any person, firm, company or corporation suffered or sustained on account of the performance of such work during the time thereof and until such work is completed and accepted; and has further agreed that this bond shall inure to the benefit of any person,firm, company or corporation to whom any money may be due from the Principal, subcontractor or otherwise for any such labor, materials, apparatus,fixtures or machinery so furnished and that suit may be maintained on such bond by any such person,firm, company or corporation for the recovery of any such money. NOW THEREFORE, if the said Principal shall well and truly perform said work in accordance with the terms of said contract, and shall pay all sums of money due or to become due for any labor, materials, apparatus,fixtures or machinery furnished to him for the purpose of constructing such work, and shall commence and complete the work within the time prescribed in said contract, and shall pay and discharge all damages, direct and indirect, that may be suffered or sustained on account of such work during the time of the performance thereof and until the said work shall have been accepted, and shall hold the LA and its awarding authority harmless on account of any such damages and shall in all respects fully and faithfully comply with all the provisions, conditions and requirements of said contract, then this obligation to be void; otherwise to remain in full force and effect. Page 1 of 2 IL 494-0372 BLR 12321 (Rev.7/05) Printed on 11/30/2020 9:32:04 AM IN TESTIMONY WHEREOF,the said PRINCIPAL and the said SURETY have caused this instrument to be signed by their respective officers this 7th day of December A.D. 2020 PRINCIPAL Bolder Contractors,Inc. mpany Name) (Company Name) By: By: Robert GvIfiasqs' (Signature&Title) President (Signature&Title) Attest: / Cam' /-P- Attest: (Signature&Title) (Signature&Title) (If PRINCIPAL is a joint venture of two or more contractors,the company names and authorized signature of each contractor must be affixed.) STATE OF ILLINOI(S,, I COUNTY OF L n r n I, Or to b 1 ,a Notary Public in and for said county,do hereby certify that (Insert names of individuals signing on behalf or PRINCIPAL) who are each personally known to me to be the same persons whose names are subscribed to t i instrument on behalf of PRINCIPAL,appeared before me this day in person and acknowledged respectively,that they igned and Y� instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this 7th day of December A 20RKICi ABBEY My commission expires Nl5taryPublic SURETY Fidelity and Deposit Company of Maryland By: (Name of Surety) Ja es I.Mo a (Signature of Attorney-in-Fact) STATE OF ILLINOIS. (SEAL) COUNTY OF DuPage I, Sherry Bacskai a Notary Public in and for said county,do hereby certify that James I.Moore (Insert names of individuals signing on behalf or SURETY) who are each personally known to me to be the same persons whose names are subsc' oin instrument on behalf of SURETY, appeared before me this day in person and acknowledged respectively,that they signed an livered said instrument as their free and voluntary act for the uses and purposes therein set f RY BACSKAI Given under my hand and notarial seal this 7th A day of D mbe D. SEAL Notary Pu ic,State of Illinois My commission expires 10/22/2023 • '- C missiQQ es otary Public . October 22`4 Approved this 7th day of December A.D. 2020 Attest: Village of Buffalo Grove 6AA6"r 4 AIIQjing Authority) Village ups�z Clerk rd Mayor i t Page 2 of 2 IL 494-0372 BLR 12321 (Rev.7/05) Printed on 11/30/2020 9:32:04 AM Bond Number 9353739 Obligee Vbllaae of Buffalo Grove ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof;do hereby nominate,constitute, and appoint James I. Moore ,its true and lawful agent and Attomey-in-Fact,to make,execute, seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of June,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND $ A L By: Robert D.Murray Vice President " Saw ay1� um *411By: Dawn E.Brown E°a *�_ Secretory 4, State of Maryland County of Baltimore On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly swom,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. CL y`�tlutt�'ij� Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attomevs-in-Fact, The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations,undertakings,or other like instruments on behalf of the Company,and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the I Sth day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994,and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 7th day of December 2020 .r SEAL Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfclaims(a zurichna.com 800-626-4577 A���® CERTIFICATE OF LIABILITY INSURANCE OAT12/1/2DIYYYY) 1v1/2o20 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 c Michelle Haskell HUB International Midwest Limited PHON"'m NAIVE, 1411 OPUS Place,Suite 450 ;815-215 4705 F� - �..�. No•877-699-3316 Downers Grove IL 60515Lss: michelle.haskell hubintemational.com u+suRER(s AFFo... • NAJc „„„ RDING COVERAGE .. .. INSURERA Vaile�FOr a lnSUrance COmtranw/ 2D508 INSURED �C�"07 INSURER 8 The Continent Insurance Com an BALDER CONTRACTORS,INC. al........�.�_....?...• ..... m„35289 _... ATTN:BOB GWIASDA INSLIRERC Lexington Insurance COm an 19437 Cary INSURER D:Han .... mm .. Car IL Point Drive over Insurance Coml/ 22292 Cary IL 60013 INStI RER E:National Fire InsurancewCompany of Hartford 20478 INSURER F COVERAGES _CERTIFICATE NUMBER:873161693 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. _ TYPE OF INSURANCE 1ARR X COMMERCIAL GENERAL LIABILITY Y 6076324091UCYNUMBER 3/1/2020 3/° UMIiSmmmm ADDL U� 1/2021 EACH A-r 6-R9RT _. S LW t 00 OOpp 0•.._ CLAIMS-MADE OCCUR -UWPR Md X C.U Included MEp EXP(Any one perm S 15,000 �__ _. , GENE AGGRE...� ,m PERSONAL S ADV INJURY..... E l,000.000 GATE LIMIT APPLIES PER: . .ENERAL AGGREGATE E 2,000„000 .. POLICY JPRO- ❑ GECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: S _ B AUTOMOBILEIJABLLITY 6076324107 3/1/2020 3/1/2021 E. N LEI u: r X $1,000,000 a acc;denC. ANY AUTO ------ BODILY INJURY(Per person) s OWNED SCHEDULED ..•....._..... .�....•„_,,.... AUTOS ONLY AUTOS BODILY INJURY(Per accidart) s X HIRED X NON-OWNED PROi b 'Y"d' -M-AGE AUTOS ONLY AUTOS ONLY ,.tPea accident s B X UMBRELLA LIAB X OCCUR 6076324124 3/1/2020 3/1/2021 FACH OCCURRENCE 510,000,000 EXCESS LIAB —�,-- . X _ CLAIMS-MAD AGGREGATE S 10,000,000 DED RETENTION E WORKERS COMPENSATION 6076324110 PER OTH- S AND EMPLOYERS*LIABILITY YIN 3/1/2020 3/1/2021 X p OOFFICER/EMSEREXXCLU�E�D?EC�� N N/A EL EACH ACCIDENT $1,000 000 (Mandatory in NH) It s describe under EL DISEASE-FA EMPLOYEE'$1,000.000 D-,SC;'RIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT f 1,000.000 C Potation Liabliry CP015890966 D Leased/Rented Equip. 3/1/2019 3/1/2022 Each L-dA9Vwjate 51,000,000 IHC D800508-01 3/1/2020 3/1/2021 M-urr� 5500,000/51,ODD DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:2021 Melinda/Hiawatha Street&Water Improvements; Gewalt Hamilton are included as additional insureds under General Liability,when agreed in a written contract,subject to policy terms,conditions and exclusions,30 day notice of cancellation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Village of Buffalo Grove ACCORDANCE WITH THE POLICY PROVISIONS. 51 Raupp Blvd Buffalo Grove IL 60089 A R!2EEO REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD ......... 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. 11. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010,or under the 10-01 edition of CG2037;or B. additional insured coverage with"arising out of"language;or C. additional insured coverage to the greatest extent permissible by law; then paragraph 1.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 injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. Ill. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract;or B. a higher limit of insurance than required by the 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: Primary and Noncontributory Insurance CNA75079XX 10-16 Policy No: 6076324091 Page 1 of 2 Endorsement No: «PoIUWCompany» Effective Date: Insured Name: Bolder Contractors Inc. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc,with its permission. CNA <MARKETABLE PRODUCT NAME> Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement 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 Polley Issued by the designated Insurers,takes effect on the eff ective date of said Policy at the hour stated in said Policy,unless another effective date is shown p rrenti r with said . below,and expires concu� �Policy - CNA75079XX(10-16) Policy No: «PolNumben> Page 2 of 2 Endorsement No: «Sequence» y «PoIUWCompany» Effective Date: «EndoEffectiveDate» Insured Name: uCusChangeName» Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.