HomeMy WebLinkAboutDAKTRONICS, INC. 2 - 2008AGREEMENT TERMINATION
CtVLl
Y Of S,anta Ana
Please complete this form when the attached agreement is no longer in effect.
of the COunC l
Return form to the Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions.
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The agreement with v
No. �j —P-0 — I PL_ was completed on r 1C-;_) o
and final payment has been made.
Department: eVIA
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Signature:
Date: 7
City of Santa Ana
Clerk of the Council
Revised 05-22-08
INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
�'CLERK C
f COUNCIL
DATED I q--209
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Car L1 o QK rs
AGREEMENT FOR TRAINING
OF SCOREBOARD OPERATION
N-2008-112
THIS AGREEMENT, made and entered into this 28`b day of July, 2008 by and between
Daktronics, Inc., a South Dakota corporation (hereinafter "Contractor"), 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").
RECITALS
A. City desires to retain a contractor having special skill and knowledge in the field of
operation and maintenance of electronic scoreboards and marquees, to train City staff.
B. Contractor developed and installed the subject marquee, and represents that Contractor
is able and willing to provide training to the City.
C. In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in its field and that any services performed by Contractor 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:
SCOPE OF SERVICES
Contractor shall provide training on the functions and operation of the marquee installed
at the Santa Ana Stadium as set forth in Exhibit A, attached hereto and incorporated by
reference.
2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services
the rates and charges set forth in Exhibit A. The total sum to be expended for services provided
pursuant to this Agreement shall not exceed $1,500.00.
b. Payment by City shall be made within thirty (30) 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
December 31, 2008, unless terminated earlier in accordance with Section 12, below.
4. INDEPENDENT CONTRACTOR
Contractor 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
Contractor performs the services which are the subject matter of this Agreement; however, the
services to be provided by Contractor shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Contractor 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.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, agents, volunteers, and employees 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 property damage, in the total amount of 51,000,000 per
occurrence. Contractor 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. Worker's Compensation Insurance. In accordance with the provisions of Section
3300 of the Labor Code, Contractor, if Contractor 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, Contractor agrees to obtain and maintain any
employer's liability insurance with limits not less than 51,000,000 per accident.
c. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor 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.
7. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, Contractors, 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 Contractor 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.
8. CONFIDENTIALITY
If either party receives from the other party, information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, the receiving party
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 receiving party disclosed in a publicly available source; (c)
is in rightful possession of the receiving party without an obligation of confidentiality; (d) is
required to be disclosed by operation of law; or (e) is independently developed by the receiving
party without reference to information disclosed by the other party.
9. CONFLICT OF INTEREST CLAUSE
Contractor 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.
10. 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 City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
3
With courtesy copies to
Executive Director,
Parks, Recreation and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
and
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Contractor: Daktronics, Inc.
331 32Id Avenue
Brookings, South Dakota 57006-5128
Telefacsimile (605) 697-4700
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 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.
11. 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.
12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor 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.
4
13. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination.
14. DISCRIMINATION
Contractor 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. Contractor affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
15. 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.
16. PROFESSIONAL LICENSES
Contractor 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. Contractor 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.
17. RESPONSIBILITY FOR DAMAGES
The Contractor shall be responsible for all damages to persons and/or property that occur
as a result of the fault or negligence of said Contractor or its employees in connection with the
performance of this work.
18. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind its 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. All Exhibits referenced herein and attached hereto shall be incorporated as if frilly
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:
PATRICIA E. HEALY
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
9
By: L¢ C
L ra Sheedy
Assistant City Att ey
CITY OF SANTA ANA
-DAVID N. Rl
City Manager
DAKTRONICS, INC.
ACORD CERTIFICATE OF LIABILITY INSURANCOB/1/OB E DATE8/08 YV)
PRODUCER 1-952-830-3000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wells Fargo Insurance Services of Minnesota, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4300 MarketPointe Drive ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 600
INN 55435
I INSURED
ktronics, Inc.
1 32nd Avenue
0. Box 5128
ookinys, SD 57006-5128
COVERAGES
INSURERS AFFORDING COVERAGE
INSURER B. National Fire Ina. Company of Hartford fCNA
INSURER C Continental Casualty Co. (CIAO
INSURER D: American Casualty Company of Reading PA
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
A
GENERAL LIABILITY CPM 2084021470
10/01/07
10/01/08
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (My one fire)
$ 500,000
X 7 COMMERCIAL GENERAL LIABILITY
MED EXP (Any me person)
S 10,000
CLAIMS MADE X OCCUR
PERSONAL S ADV INJURY '{$
1,000,000
GENERAL AGGREGATE ',$2,000,000
PRODUCTS-COMPIOPAGG
S2, 000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
_-_
X
POLICY PRO- % LOG
B AUTOMOBILE
Ii—
XIANV
LIABILITY
AUTO
BDA2084021274
'.
10/O1/07
10/O1/08
COMBINED SINGLE LIMIT
(Ea amtlen0
$ 1,000,000
BODILY INJURY
(Per person)
$_-._
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Peramtlent)
-
$
X_
I X
HIRED AUTOS
NON-OWNEDAUTOS
- - • "
}
M FORM
PROPERTY DAMAGE
(Per acdtlent)
GARAGE LIABILITY
ANY AUTO
ly
y�y
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
__
$
S
AUTO ONLY. AGG
C
EXCESS LIABILITY L2084423585
10/01/07
10/01/08
EACH OCCURRENCE
$2,000,000
AGGREGATE
$2,000,000
X OCCUR _CLAIMS MADE'
$
—1 DEDUCTIBLE
$
X RETENTION $ 0
D
WORKERS COMPENSATION AND
WC2091220237
10/O1/07
10/O1/08
X WCVTATU- OTH-I
RLIMITS ER
E.L. EACH ACCIDENT
$ 500, 000
EMPLOYERS' LIABILITY
E.L. DISEASE - EA EMPLOYEE
$ 500, 000
E.L. DISEASE - POLICYLIMIT
5500, 000
OTHER
b
b
E
DESCRIPTION OF OPERATION&LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTMPECIAL PROVISK)NS
Project: Santa Ana Stadium - Venus 7000 Training - Daktronics Quote #304587 Rev. 2
Additional Insured with respect to the General Liability Policy applies on a Primary Basis. Insurance
provided by the Additional Insured shall be non-contributing: City of Santa Ana, its officers, employees,
agents, volunteers and representatives.
L,CI411rlVA I C TIVLUCrt I ADUITIUMAL IINNUKtU; IMiUKeK Lm I CK:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL BTI§1X'WV4 MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 9UIB1X1=Z9 6mi610W0XXX
71<of7OFN►81OB7tl9UtlNptliK�%XOIXXN7DO6UP11PUO1tIfXC�17QNOC7YtlHYDFRFt7D6YiM7PX6HX
20 Civic Center Plaza
XAiiRYdtYYlYdA7FW8KXXXXXXX%X]LXXXRXXXXXXXXXXXXXXXXXXXIIXX%XXXXXXXXX
Santa Ana, CA 92701 �[•y/��----
AUTHORRED REPRESENTATIVE /J (�
USA
ACORD 25S (7197) PSCHMIDT 0 ACORD CORPORATION 1988
Certificate Delivery by CertificatesNow - www.Confi"Netcom - 877 669.8600
EXHIBIT A
SCOPE OF SERVICES
Contractor will provide to designated City employees, a training course on the operation of the
software installed to control the marquee at the Santa Ana Stadium.
Training on V7000 software for Galaxy Pro 1500 and 7500 includes:
V7000 Shell
Sequence Designer
Frame Types
Importing
RTD
Display
Scripting
Display tab
Configuration
Sign Configuration
Windowing
Servers
V-Link controller
Training on V 1500 software includes:
Message Studio
Graphic Frames
Text Frames
RTD
Importing
Display Manager
Scheduler
Daktronies Responsibility:
Daktronics Live Event Services trainer shall provide the complete training outlined
herein. Said training is designed as one 8 hour program.
City Responsibility:
Provide access to equipment
Designate personnel to attend training
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; its
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 of liability. 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
ACORD,a CERTIFICATE OF LIABILITY INSURANCE
DSAT EB/1/OB8/08 m)
PRODUCER 1-952-830-3000
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wells Fargo Insurance Services of Minnesota, Inc.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
4300 MarketPointe Drive
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Suite 600
Bloomington, MN 55435
Gordon Johnson
INSURERS AFFORDING COVERAGE
INSURED
Daktronics, Inc.
INSURERANational Fire InanranCe COmpdny O£ HBrt£Ord
INSURER B. National Fire Ina. Company of Hartford (CNA)
INSURER o: Continental Casualty Co. (CNA)
331 32nd Avenue
P.O. Box 5128
Brookings, BD 57006-5128
INSURERD American Casualty Company of Reading PA __-
INSURER E.
Ice
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRi f POLICY EFFECTIVE PICY E ON%PIRATI
TYPE OF INSURANCE POLICY NUMBER OLLIMITS
A GENERAL LIABILITY CPM 2084021470
10/01/07
10/01/08
EACH OCCURRENCE _ '�,S 1,000,000
X COMMERCIAL GENERAL LIABILITY
" $ 500,000
FIRE DAMAGE (my one fire)
CLAIMS MADE �� OCCUR
•
EXP (Any we person) $ 10,000
_MED
PERSONAL S ADV INJURY S1,000,000
_
GENERAL AGGREGATE _S 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER.
PRODUCTS - COMPIOPAGG 52,000,000
POLICY X PRO- X LOC-
JECT
B
AUTOMOBILE LIABILITY BUA2084021274
10/01/07
10/01/08
COMBINED SINGLE LIMIT
511000,000
X ANY AUTO
(Ea accident)
S
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS
(Per person)
X AUTOS
LL//��
! 4} FORK 1
HIRED
BODILY INJURY
$
X NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
-- _ — ^ ' , -ali�
$
W"
_
(Per accicant)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
ViLLot
I ANY AUTO
,'
OTHER THAN EA ACC
$
S
AUTO ONLY: AGG
C
EXCESS LIABILITY
L2084423585
10/01/07
10/01/08 EACH OCCURRENCE
$2,000,000
$ 2,000,000
X OCCUR F- CLAIMS MADE
AGGREGATE _
DEDUCTIBLE
rt$
X RETENTION $0
�$
D COMPENSATION ON AND WC2091220237
10/01/07 10/01/08
X WC STATU- OTH-',
—_ SORY LIG4TS ER
EMPLOYWORKERS
EMPLOYERS' LIABILITY
i
E.L. EACH ACCIDENT S 500, 000
E.L. DISEASE -EA EMPLOYEE S 500,000
E.L. DISEASE - POLICY LIMIT S500,000
OTHER
s
b
b
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
Project: Santa Ana Stadium - Venus 7000 Training - Daktronics Quote #304587 Rev. 2
Additional Insured with respect to the General Liability Policy applies on a Primary Basis. Insurance
provided by the Additional Insured shall be non-contributing: City of Santa Ana, its officers, employees,
agents, volunteers and representatives.
ADDITIONAL
of Santa Ana
20 Civic Center Plaza
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL EWAWXQWLV4 MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, AW=I M=5MID1gp�LMiXX
%K1NN3fiIC1iRCCtlLItlN[KIfM61KXW E%%%1Dp(dNOdL061C1PUW6N1ppEXK9l7�F7LOpCY7C&N76CNXX
Santa Ana, CA 92701 IAUiHORQED REPRESENTATIVE V
USA
9561821
Certificate Delivery by CertifcatesNov - www.ConfirmNet.com - B77.669,8600
IF
C/VA (Ed. 01 01)
(Ed. 01/D1)
IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE
ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT.
SEE PARAGRAPH C.1.OF THIS ENDORSEMENT FOR THESE DUTIES.
ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE
WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF
THE "PRODUCTS -COMPLETED OPERATIONS HAZARD". SEE PARAGRAPH B.3. OF THIS
ENDORSEMENT FOR THIS COVERAGE CHANGE.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED
ENDORSEMENT WITH LIMITED PRODUCTS -COMPLETED OPERATIONS
COVERAGE
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization: Designated Project:
(Coverage under this endorsement Is not affected by an entry or lack of entry In the Schedule above.)
A. WHO IS AN INSURED (Section II) is amended to
2. The Limits of Insurance applicable to the
include as an insured any person or organization,
additional insured are those specified in the
including any person or organization shown in the
written contract or written agreement or in the
schedule above, (called additional insured) whom
Declarations of this policy, whichever is less.
you are required to add as an additional insured on
These Limits of Insurance are inclusive of, and
this policy under a written contract or written
not in addition to, the Limits of Insurance shown
agreement; but the written contract or written
in the Declarations.
agreement must be:
3. The coverage provided to the additional insured
1. Currently in effect or becoming effective during
by this endorsement and paragraph f. of the
the term of this policy, and
definition of "insured contract" under
DEFINITIONS (Section V) do not apply to
2. Executed prior to the "bodily injury," "property
"bodily injury" "property damage" arising out
damage," or "personal and advertising injury".
of the "products -completed operations hazard"
is
B. The insurance provided to the additional insured is
unless required by the written contract or
limited as follows:
written agreement. When coverage does apply
to "bodily injury" or "property damage" arising
1. That person or organization is an additional
P g
out of the products -completed operations
insured solely for liability due to your negligence
hazard" such coverage will not apply beyond:
specifically resulting from "your work" for the
additional insured which is the subject of the
a. The period of time required by the written
written contract or written agreement. No
contract or written agreement, or
coverage applies to liability resulting from the
sole negligence of the additional insured.
G-17957-G
Page 1 of 2
(Ed. 01/01)
G-17957-G
(Ed. 01/01)
b. 5 years from the completion of "your work"
on the project which is the subject of the
written contract or written agreement,
whichever is less.
4. The insurance provided to the additional
insured does not apply to "bodily injury,"
"property damage," or "personal and advertising
injury" arising out of an architect's, engineer's,
or surveyor's rendering of or failure to render
any professional services including:
a. The preparing, approving, or failing to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; and
b. Supervisory, or inspection activities
performed as part of any related
architectural or engineering activities-
C. As respects the coverage provided under this
endorsement, SECTION IV — COMMERCIAL
GENERAL LIABILITY CONDITIONS are amended
as follows:
1. The following is added to the Duties In The
Event of Occurrence, Offense, Claim or Suit
Condition:
e. An additional insured under this
endorsement will as soon as practicable:
G-17957-G
(Ed. 01 /01)
(1) Give written notice of an occurrence or
an offense to us which may result in a
claim or "suit" under this insurance,
(2) Tender the defense and indemnity of
any claim or "suit" to any other insurer
which also has insurance for a loss we
cover under this Coverage Part; and
(3) Agree to make available any other
insurance which the additional insured
has for a loss we cover under this
Coverage Part.
f. We have no duty to defend or indemnify an
additional insured under this endorsement
until we receive written notice of a claim or
"suit" from the additional insured.
2. Paragraph 4.b. of the Other Insurance
Condition is deleted and replaced with the
following:
4. Other Insurance
b. Excess Insurance
This insurance is excess over any other
insurance naming the additional
insured as an insured whether primary,
excess, contingent or on any other
basis unless a written contract or
written agreement specifically requires
that this insurance be either primary or
primary and noncontributing.
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