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HomeMy WebLinkAboutAMBK, INC. DBA BIOSOCALcw: ,._uKiiNUE ON FILE 00 . Or.t, iAAY PROCEED .,n 11, iJ VSURANCE1EXPIRES � _Lkti OF COUNCIL ,A 1 t: N-2021-141 AGREEMENT WITH BIOSOCAL TO PROVIDE CRIME SCENE CLEANUP VD W(SarGNe AND JAIL CELL DECONTAMINATION SERVICES CownaJfpr This agreement is made and entered into this 20a' day of June 2021 by and between AMBK, Inc., a California corporation, DBA `BioSoCaP' (Consultant), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, (City). RECITALS City requires crime scene cleanup and jail cell decontamination services. 2. Consultant represents that Consultant is able and willing to provide such services to the City. 3. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and perspective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide crime scene cleanup and jail cell decontamination services for the Santa Ana Police Department. on an as -needed basis, and perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services, including but not limited to those described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant accept as total payment for its services, the rates and charges identified in Exhibit A and incorporated herein by reference. The total amount paid under this agreement shall not exceed $15,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work -which fails to meet the standards of performance reasonably expected by City. 3. TERM This agreement shall commence on June 20, 2021 and continue for ninety (90) days unless terminated earlier in accordance with the additional terms contained in this agreement below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and properly damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. S. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P. O. Box 1988 Santa Ana, CA 92702- 1988 Fax 714-647-6956 With courtesy copies to: Santa Ana City Jail — Contract Services Supervisor City of Santa Ana 20 Civic Center Plaza (M-88) P. O. Box 1988 Santa Ana, CA 92702- 1988 Fax 714-647-8116 To Consultant: AMBIT, Inc. Attn: Alan Cohen 4607 Lakeview Canyon Road, Suite 498 Westlake Village, CA 91361 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. N-2021-141 IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year first written above. 1°^? ' P \ /1 EZ f �'Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By(- Tamara Bogosia' n— Senior Assistant City Attorney RECOtNIi TENDED FOR APPROVAL iV D VALE 'IN Chief of Police CITY OF SANPA ANA KRISTINE RIDGE Citv Manager CONSULTANT Francine R. Digitally signed by Francine R. Villareal Villareal Date: 2021.06.30 09:28:34 -07'00' ACO2o® CERTIFICATE OF LIABILITY INSURANCE 0610s/os12oz1 91200(YYYY) `� 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(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement an this certificate does not confer Hahts to the certificate holder in lieu of such endomementls). PRODUCER Ari Berman Insurance Agency Inc "'"' Ad Berman 333 N Lantana Street, Suite 102 _ PHONE 805484-7470 FAX 805 482 6412 — �(. C�NR):_-__ Camarillo CA 93010 EAI'iR`E_all: _ ADDR-MESS:ari@abermaninsurance.eom INSURER(9I AFFORDING COVERAGE NAIL9 _ _ INSURER A:CaPitOl Si INSURER Insurance Corp INSURED AMSK, INC dba: Bio SoCal INSURER e_National Liability & Fire Insurance Co 31127 Via Colinas #803 _ INSURER c:State Compensation Insurance Fund Westlake Village CA 91362---_-- —— — - INSURERD: INSURER E: 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. ✓ COMMERCIALGENEMILIASILm' I ✓ I ✓ CLAIM&MADE ✓ OCCUR I GEN L AGGREGATE UMITAPPLIES PER: ✓ PRO. POLICY JECT GC AUTOMOSILELIABILITY I ✓ ✓ ANYAUTO I OWNED SCHEDULED AUTOS ONLY WeAUTOS HIRED NON_OWNED ✓ AUTOS ONLY ✓ AUTOs ONLY ✓ comp 1000 f/ co111000 UMBRELLALIAS OCCUR EXCESS LIAR CLAIM&MADE YIN NfA Liability I I ./ -- X IREHTE� . — _ PREMI$ESLz oco�nmce) TDD,DD_D_ _ 810612020 08106/2021 MEO EXP IAnxne Damon)_ �s10,000 _ - PERSONALaADVINJURY 51,660,0 GENERAL AGGREGATE _-00 $2,000,000 P—ROOUCTs-COMPIOPAGG s2,000,000 BOOILY INJURY(Par personl $ BODILY INJURY 1Pmercidant) s PROPERTY—DAMAGEis —._ Is EACHOCCURRENCE _ S AGGREGATE _ �$ ✓ PER DISEASE -EA EMP DISEASE - POLICY Nona] Liability FV2e20067701 0810612020 08I0612021 1 OF OPERATIONSI LOCATIONS I VEHICLES (ACORD 101, Additional Ramerlu Schedule, may be amachad If more space Is required) )F SANTA ANA, IT'S OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVE ARE NAMED AS ADDITIONAL INSURED IN TO GENERAL LIABILITY PER ATTAHCED CG201511 88 ADDITIONAL INSURED FORM. City of Santa Ana will be mailed 30 days written notice of policy cancellation and the references endeavor to and failure to mail such :e shall Impose no obligation or liability of any kind upon the company, Its agents or representatives CIVIC CENTER PLAZA ,NTA ANA, CA. 92701 ACORD 25 (2016103) The ACORD name and logo are Produced using Farms Boss Web somsam. w .Forme Per claim SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KOJ f marks of ACORD Impresslue Publishing 800-205-19TT RiskMVWgmuntDiHelon K"'[RENEWED6pAPPR.t,VMSY: tt.' , Risk Management Analyst ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS HOME OFFICE SAN FRANCISCO EFFECTIVE AUGUST 13, 2020 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING AUGUST 13, 2021 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME AMEX, Inc. BIO SOCAL 4607 LAKEVIEW CANYON RD STE 498 WESTLAKE VILLAGE, CA 91361 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SrRF.nT1T.F. PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION 9109304-20 RENEWAL SC 9-45-23-28 PAGE 1 OF NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: AUTHORIZED REPRESENT IVE AUGUST 19, 2020 ALI PRFSIf)FNT ANO (.F( 1 Rick Mmagona)tDlvielml (REVIEWED&pAP1P,ROV®BY. �.11Y1.1111LL_` r M1/NY.N.t Imo. y Risk Management Analyst Forms a part of Policy No.: Issuing Company: EV20200677-01 Capitol Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured — Owners, Lessees or Contractors — Scheduled Person or Organization This endorsement modifies insurance provided under the Environmental Policy for the following: Commercial General Liability Coverage Form Contractors Pollution Liability Coverage Section It is hereby understood and agreed that the following changes are incorporated into the Coverage Form(s) / Coverage Se listed above. If the Commercial General Liability Coverage Form is listed above, defined terms shown in bold may appear in quotations coverage form. Name of Additional Insured Person(s) or Organization(s) Any person or organization for whom you are performing "your work" when you and such person or organization have agreed In writing in a contract or agreement that such person or organization be added as an Additional Insured on your A. Location(s) of Covered Operations All locations where "your work" is performed as specified in the contract or written agreement between you and the Additional I nsu red (s). Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown Schedule, but only with respect to liability for Bodily Injury, Property Damage or Personal and Advertising Injury caw whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded additional insured will not be broader than that which you are required by the contract or agreement to provide additional insured. such the in such such B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to Bodily Injury or Property Damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ervice, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the overed operations has been completed; or 2. That portion of Your Work out of which the injury or damage arises has been put to its intended use by any p rson or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. C. The Section entitled TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of the Coverage Form or Coverage Section listed above is amended by the adding the following: We waive any right of recovery We may have against the person or organization specified in the above Schedule be ause of payments We make for injury or damage arising out of Your Work done under a written contract with that p rson or organization. This waiver applies only to the person or organization specified in this Schedule. D. This insurance shall be considered primary with respect to other valid and collectible insurance available to the A ditional Insured for damages or Loss We cover under the Coverage Form(s) / Coverage Section(s) specified above for the A itional Insured. It is also agreed that any such other insurance available to the Additional Insured shall be non-contributory, and We shall not seek contribution from such other insurance. ENV 167 (05-16) © 2016 CapSpecialty, Inc. All rights reserved. wakmeagemo,tDivhfun ^^i i� � rREAEWED 6APPROVED BY.' pp !'IMY.N1 ram. MA4J Risk Management Malyst Forms a part of Policy No.: FV20200 M-01 Issuine Comoanv: Capitol Specialty Insurance Additional Insured — Owners, Lessees or Contractors — Scheduled Person Organization Continued If this endorsement is issued after the Policy has been issued, it is deemed to have been added to the list of forms and er on the Declarations. All other terms and conditions of this Policy remain unchanged. -• f - , Authorized Representative ENV 167 (05-16) © 2016 CapSpecialty, Inc. All rights reserved. •s den Risk MarugemndDlvisim RE EwED 6 APPRMM By: ( iuitua-/- r MxKM Z vw-' ®' Risk Management Malyst of Policy No.:. I EV20200677-01 Issuing Company: Capitol Specialty Insurance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured - Owners, Lessees or Contractors - Completed This endorsement modifies insurance provided under the Environmental Policy for the following: Commercial General Liability Coverage Form Contractors Pollution Liability Coverage Section It is hereby understood and agreed that the following changes are incorporated into the Coverage Form(s) / Coverage Se listed above. If the Commercial General Liability Coverage Form is listed above, defined terms shown in bold may appear in quotations coverage form. Name of Additional ed InsurPerson(s) Location(s) and Description(s) of Covered Operations Insured Any person or organization for whom you are performing All locations where "your work" is performed as specified "your work", when you and such person or organization have in the contract or written agreement between you and the agreed in writing in a contract or agreement that such person Additional Insured(s). or organization be added as an Additional Insured for Completed Operations Coverage on your policy. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) 0 Schedule, but only with respect to liability for Bodily Injury or Property Damage caused, in whole or in part, by Your' location designated and described in the Schedule of this endorsement performed for that additional insured and the Products -Completed Operations Hazard. such in the at the tied in However: 1. The insurance afforded to such additional Insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded o such additional insured will not be broader than that which you are required by the contract or agreement to provide f r such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on 6ehal of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. C. The Section entitled TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of the Coverage Form or Coverag listed above is amended by the adding the following: We waive any right of recovery We may have against the person or organization specified in the above Sched le because of payments We make for injury or damage arising out of Your Work done under a written contract with [ iat person or organization. This waiver applies only to the person or organization specified in this Schedule. D. This insurance shall be considered primary with respect to other valid and collectible insurance available to the A ditional Insured for damages or Loss We cover under the Coverage Form(s) / Coverage Section(s) specified above for the At ditional Insured. It is also agreed that any such other insurance available to the Additional Insured shall be non-contributory, and We shall not seek contribution from such other insurance. ENV 168 (05-16) © 2016 CapSpecialty, Inc. All rights reserved. r.—„_<_ RiekMwgem�tDfrieian I.ai_ e•.. ReviEwm 6 APPRO By., ;® Fawrw.z �. V;U,kesf Risk Management Malyst ENV 168 (05-161 © 2016 CapSpecialty, Inc. All rights reserved. RIAMmagmadDWton kmemm n APPROVED By. �� R6k Management Maya