HomeMy WebLinkAboutDEKRA-LITE 3' ~ ;,, City of Santa Ana ~-~~~~''~ ~~
Clerk of the Council
.;~
AGREEMENT TERMINATION FORM
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COTC Office Use Only
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Please complete this form when the attached agreement and all amendments (if`ari'y}~~~ ~ ~ k~ ~~ 33
are no longer in effect.
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Return form to the Clerk of the Council Office (M-30). n; r, .:!~~ ~`
Call 647-2520 if you have any questions.
The agreement with _ ~~~a-- ~I-~s~j
No. ~ ~ ~Q,~ -~.~- ~ ~ ~j was completed on ~ ~j~i~ lj ~ and final payment has been made.
(List all amendments. Use space below if needed.)
~'~~ ~ ~~ ~ ~ 3 ~ ~' Department: C/~I'~"
Phone/Ext.: °~ ~ ~ ~~
Signature: ~~i ll~~~~ ~~~ _ I,~ ~ ~ ~~, ~: ~ `,
Date: '~~ N ~ ~~D
Revised 07-22-09
lNSURr,Nc.E ON FILE N-2007 -113
\'.O,d\ ivikY PROCEED
UN i It iNSU~ANCE EXPIR~Se.de.d
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CLERK OF COUNCil ?:~f:~~'j CONSULTANT AGREEMENT
DATE: eei i. ~ Zon?
THIS AGREEMENT, made and entered into this 21 5t day of September, 2007 by and
between DEKRA-LITE, a California corporation (hereinafter "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 (hereinafter "City").
RECIT ALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
installing holiday lighting and banners.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
C. 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 respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall install, remove and store City owned decorations, as set forth in Exhibit
A to this Agreement.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Exhibit A. The total sum to be expended under this
Agreement shall not exceed $10,000.00 during the term of this Agreement.
b. Payment by City shall be made as follows:
· Fifty percent (50%) upon installation of decorations
· Fifty percent (50%) upon removal and storage of decorations.
Payment shall be made within seven (7) 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 set forth in the Recitals which may
reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2008, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Assistant City Manager for
Development Services and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor 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 ofthis 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. 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 Consultant'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 property damage, in the total
amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
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 3300
of the Labor Code, Consultant, 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.
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d. 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 in form by the City Attorney.
(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.
e. 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 effect Consultant'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.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives from liability for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section 1 of 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 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.
7. 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.
8. 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.
3
9. 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 telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of the Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6939
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
te1efacsimile (714) 647-6515
To Consultant:
DEKRA-LITE
Mike Sterling
3102 W. Alton Avenue
Santa Ana, California 92704
Telefacsimile (714) 436-0612
A party may change its address by giving notice in writing to the other party. 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 telefacsimile, 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.
10. EXCLUSIVITY AND AMENDMENT
4
This Agreement represents the complete and exclusive statement between the City and
Consultant, 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 Consultant. 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 nor
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 are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
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 consultants retained by City.
12. 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.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. 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.
15. 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
5
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.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each ofthe 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITYn~Q
DA VI~AM .~
City Manager
~v
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: /'.
Laura Sheedy
Assistant City Atto ey
CONSULTANT
RECOMMENDED FOR APPROVAL:
#c=
MrIiE STERLING
General Manager
~~~
STEPHEN . HARDING
~ Deputy City Manager for
Development Services
TaxID# 33- ob3{p070
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OEKR" LITE
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~'P"DE KRA-L. iTE
., rJ:f,Itt'iJ'!I rYl'llt,!I"NfrlrhJ' /" 1'9',..,,, ,-.7f,.;"tl:r
3102 W. ALTON AVE.
SANTA AHA. CA 9270.4
PHONE' 714,435.0705 <F:AX: 714.43e.0612
WWW.OS.KRA-L.ITE.COM
PROPOS:\ I.
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DATE
6;'1;2006
BILL TO:
SANTA l\N:\ DOWNTOWN DEVELOP.
~n5 E 4TII STRJ,;ET STE. 201
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SANTA ANA DOWNTOWN DEVELOP.
305 E 4TH STREET STE. 20 I
Sl\NT,\ t\NJ\{'i\ 9270\...:In;1<)
BILL r-.'1ANIS
PHONE (714) 565-4045 Exl. (lOOn
fAX (714) M7-6549 Ex.I. l)OOO
INSTALL DATE Nov. 1-21.2007
REMOVAL DATE J~lIl. 5-20. 200S
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; their
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3. This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits ofliability. The inclusion of any
person or organization as an insured shall not affect any right which such person or organization
would have as a claimant if not so included.
4. With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been
given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
(Completion of the following, including countersignature, is required to make this endorsement
effective. )
Effective
Policy #
Issued to
, this endorsement form as a part of
Named Insured
Countersigned by
Authorized Representative
7
ACORQ.. CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/OOIYYYYI
06104/2007
PRODUCER Stone Witter Insurance Services, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
POBox 8035 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
CA Ins Lic OF15720 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Long Beach, CA 90808-8035
Ph: 562-420-3422 FAX: 562-420.1022 INSURERS AFFORDING COVERAGE NAIC#
INSURED DEKRA-L1TE INDUSTRIES, INC. INSURER A St Paull Traveler's Companies 41521
The Jeffrey Lopez Rev.Trust dtd 03104/97 INSURER B:
3102 W. Alton Ave. INSURER C:
Santa Ana, CA 92704-6817 INSURER 0:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATEOD. NOlWlTHSTANDING
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR \N';.~r TVICIO: nCI POUCY NUMBER Pt?Al{~Y ~~S6g~f PR~il,gr,l,~~N LIMITS
LTR
0 ~NERAL L'ABILITY EACH OCCURRENCE $ 1,000,000
~ COMMERCIAL GENERAL LIABILITY 6600420L552 04/08/2007 04108/2008 ~~~~U9l~~r~ncel $
I-- 0 CLAIMS MADE [Z] OCCUR MED EXP (Anyon. person) $ 5,000
PERSONAL & ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGRnE LIMIT APnS PER: PRODUCTS - COMP/OP AGG $ 2,000,000
171 POLICY ~~W,: LOG
0 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
~
~ ANY AUTO BA1863L705 04/08/2007 04/08/2008 (Ea accident)
, ./ ALL OWNED AUTOS BODILY INJURY $ 1,000,000
7 SCHEDULED AUTOS (Per person)
7 HIRED AUTOS BODILY INJURY $ 1,000,000
7 NON-OWNED AUTOS (Per accident)
~
~ PROPERTY DAMAGE $ 1,000,000
(Per accident)
ID GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
0 eXCESS/UMBRELLA L1ABIUTY EACH OCCURRENCE $ 2 000 000
o OCCUR D CLAIMS MADE CUP6374Y17A 04/0812007 04/08/2008 AGGREGATE $
$
B DEDUCTIBLE i $
; $
RETENTION $ :
WORKERS COMPENSATION AND I T"X'i.JT ~J.~;, I I O~\t
EMPLOYERS' LIABILITY E.L EACH ACCIDENT
ANY PROPRIETORIPARTNERlEXECUTIVE $
OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $
tf yes. describe under E.L. DISEASE. POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
DESCRIPTION OF OPERA liONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Downtown Christmas Decorations. City of Santa Ana, its officers, employees. agents, volunteers and representatives are included as additional
insured as respects to the insureds operations and ONLY if required by written contract per the attached endorsement 30 days NOC except for 10
days for non payment of premium.
CERTIFICATE HOLDER
CANCELLATION
City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
attn: Danel! Mercado DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MA'L ~ DAYS WRITTEN
20 Civic Center Plaza M.25 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Santa Ana. CA 92701 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KINO UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHOR~EOREPRESENTAT~ ~tl ;1,t.(- ...;~
I
ACORD 25 (2001/08)
" .,'--' ... @ACORDCORPORATION 1988
Produced using FormS: 8Q.$siWtt(~,!~~.F"T~~')S~'C~; O;~~P~S~,lv_, ~ubll5hlng 800-208.1977
- ... ,j 1.. '_____ ~'iJll
--~7/L>
To: 15624201022 Page: 2/11 Date 6/1120078:46:06 AM
CHANGE EFFECTIVE DATE: 05-24-07
CHANGE ENDORSEMENT NUMBER: 0004
e TRA V E LE RS One Tower Square, Hanford, Connecticut 061""
CHANGE ENDORSEMENT
Named Insured:
DEKRA-LITE INDUSTRIS, INC. THE
JEFFREY LOPEZ REVOCABLE TRUST
Policy' Number: 1-660-0420L552-TIL-07
Policy Effective Date: 04/08/07
ISsue Date: 05/30/07
Additional Premium $ 109
INSURING COMPANY:
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Effective from OS/24/07 at the time of day the policy becomes effective.
THIS INSURANCE IS AMENDED AS FOLLOWS:
ADDITIONAL INSURED (CONTRACTORS), CG D2 47, 08-05,
IS AMENDED AS FOLLOWS:
THE FOLLOWING HAS BEEN ADDED AS AN ADDITIONAL INSURED TO FORM
CG D2 47:
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA M-25
POBOX 1988
SANTA ANA CA 92701
Stone Witter Insurance Services, Inc.
POBox 8035
Long Beach, CA 90808-8035
Ph: 562/420-3422
CA Ins Lie OF15720
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- uthonzed Representat;ve;.
DATE: 66 It:' I () T
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NAME AND ADDRESS OF AGENT OR BROKER:
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Page: 3/11 Date: 611120078:4606 AM
CHANGE EFFECTIVE DATE: 05-24-07
CHANGE E.NDORSEMENT NUMBER: 0004
. TRAVELERS
POLlSY NUMBER: 1-660-0420L552-TIL-07
EFFECTIVE DATE: 04-08-07
ISSUE DATE: 05-30-07
LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS
THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS
BY tINE OF BUSINESS.
It TO 07 09 87
It T8 01 10 93
CHANGE ENDORSEMENT
FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS
COMMERCIAL GENERAL LIABILITY
CG D2 47 08 05
ADDITIONAL INSURED ( CONTRACTORS)
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PAGE:
1 OF
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10: 1:JOL4LU1ULL
POLICY NUMBER: I-660-0420L552-TIL_07
Page: 8/11
Date: 6/1/20078:46:08 AM
COMMERCIAL GENERAL LIABILITY
ISSUE DATE: 05-]0-07
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
I
ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NAME OF PERSON(S) OR ORGANIZA TION{S):
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA M-25
POBOX 1988
SANTA ANA CA 32701
PROJECT/LOCATION OF COVERED OPERATIONS:
INSTALL 71 WREATH POLE MOUNTS
AND 10 OVERHEAD STREAMER
1. WHO IS AN INSURED - (Section II) is amended
to include the person or organization shown in the
Schedule above, but:
a) Only with respect to liability for "bodily inJury",
"property damage" or "personal injury"; and
b) If, and only to the extent that, the Injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" on or for the project, or at the
location, shown in the Schedule. The person
or organization does not qualify as an addi-
tional insured with respect to the independent
acts or omissions of such person or organiza-
tion.
2. The insurance provided to the additional insured
by this endorsement is limited as follows:
a) In the event that the limits of Insurance of
this Coverage Part shown in the Declarations
exceed the limits of liability required by a
"written contract requiring insurance" for that
additional insured, the insurance provided to
the additional insured shall be limited to the
limits of liability required by that "written con-
tract requiring insurance". This endorsement
shall not increase the limits of insurance de-
scribed in Section III - Limits Of Insurance.
CG 024708 05
b) The insurance provided to the additional in-
sured does not apply to "bodily injury", "prop-
erty damage" or "personal injury" arising out
of the rendering of, or failure to render, any
professional architectural, engineering or sur-
veying services, including:
i, The preparing, approving, or failing to
prepare or approve, maps, shop draw-
ings, opinions, reports, sUNeys, field or-
ders or change orders, or the preparing,
approving, or failing to prepare or ap-
prove, drawings and specifications; and
ii. Supervisory, inspection, architectural or
engineering activities.
c) The insurance provided 10 the additional in-
sured does not apply to "bodily injury" or
"property damage" caused by "your work"
and included in the "products-completed op-
erations hazard" unless a "written contract
requiring insurance" specifically requires you
to provide such coverage for that additional
insured, and then the insurance provided to
the additional insured applies only to such
"bodily injury" or "property damage" that oc-
curs before the end of the period of time for
which the "written contract requiring insur-
ance" requires you to provide such coverage
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Page 1 of 2
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10: 1::>o~4~01022
COMMERCIAL GENERAL LIABILITY
or the end of the policy period, whichever is
earlier.
3. The insurance provided to the additional insured
by this endorsement is excess over any valid and
collectible "other insurance", whether primary,
excess, contingent or on any other basis, that'-is
available to the additional insured for a loss we
cover under this endorsement. However, if a
"written contract requiring insurance" for that ad-
ditional insured specifically requires that this in-
surance apply on a primary basis or a primary
and non-contributory basis, this insurance is pri-
mary to "other insurance" available to the addi-
tional insured which covers that person or organi-
zation as a named Insured for such loss, and we
will not share with that "other insurance". But the
insurance provided to the additional insured by
this endorsement still is excess over any valid
and collectible "other insurance", whether pri-
mary, excess, contingent or on any other basis,
that is available to the additional insured when
that person or organization is an additional in-
sured under such "other insurance".
4. As a condition of coverage provided to the
additional insured by this endorsement:
a) The additional insured must give us written
notice as soon as practicable of an "occur-
rence" or an offense which may result in a
claim. To the extent possible, such notice
should include:
i. How, when and where the "occurrence"
or offense took place;
ii. The names and addresses of any injured
persons and witnesses; and
iii. The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b) If a claim is made or "suit" is brought against
the additional insured, the additional insured
must:
Page 2 of 2
Page: 9/11
Date: 6/1/20078:4608 AM
i. Immediately record the specifics of the
claim or "suit" and the date received; and
ii. Notify us as soon as practicable.
The additional insured must see to it that we
receive written notice of the claim or "suit" as
soon as practicable.
c) The additional insured must immediately
send us copies of all legal papers received in
connection with the claim or "suit", cooperate
with us in the investigation or settlement of
the claim or defense against the "suit", and
otherwise comply with all policy conditions.
d) The additional insured must tender the de-
fense and indemnity of any claim or "suit" to
any provider of "other insurance" which would
cover the additional insured for a loss we
cover under this endorsement However, this
condition does not affect whether the insur-
ance provided to the additional insured by
this endorsement is primary to "other insur-
ance" available to the additional insured
which covers that person or organization as a
named insured as described in paragraph 3.
above
5. The following definition is added to SECTION V.
- DEFINITIONS:
"Written contract requiring insurance" means
that part of any written contract or agreement
under which you are required to include a
person or organization as an additional in-
sured on this Coverage Part, provided that
the "bodily injury" and "property damage" oc-
curs and the "personal injury" is caused by an
offense committed:
a. After the signing and execution of the
contract or agreement by you;
b. While that part of the contract or
agreement is in effect; and
c. Before the end of the policy perIOd.
np;ORM
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@ 2005 The St Paul Travelers Companies, Inc.
CG 02 4708 05