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Home My WebLink AboutUNITED STORM WATER, INC. 6C • AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. The agreement with United Stormwater, Inc. No. 2013-114-03 was completed on June 30, 2017 and final payment has been made. Department: PWA/Construction Engineering . 0.----- Signature: Date: May 11, 2020 City of Santa Ana Clerk of the Council Revised 05-22-08 Eduardo Perry, Jr. United Storm Water, Inc. 1400 E Valley View Blvd. City of Industry, California 91746 Re: Agreement A- 2012 -105, "Contractor Agreement' Extension Dear Mr. Perry: A-2013-114-02 Pursuant to Agreement A -2012 -105, entered by United Storm Water, Inc., and the City of Santa Ana, dated June 4, 2012, as amended by Agreement A- 2013 -114 and Agreement A -2013- 114 -01, Section 4 "Term ", the time period of said Agreement is hereby extended for an additional one (1) year period, through June 30, 2016. All other terms and conditions of said Agreement remain unchanged and in full force and effect. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with such Prevailing Wage Laws. Insurance certificates are required to be extended and/or renewed to cover this extension. If you have any questions, please contact Thomas Lo in the Public Works Agency at 714- 647 -5659. Since ly, Fre ousavipour Executive Director Public Works Agency APPROVED AS TO FORM: Sonia R. Carvalho City Attorney o Sandoval C of Assistant City Attorney c: Clerk of the Council CITY OF SANTA ANA David Cavazos ATTEST: Maria D. Huizar Clerk of the Council SANTA ANA CITY COUNCIL -7 Miguel A, Pulido li Vincent F. Sarmonto Michele Martlnaz Angellaa Amemua 'iI P. David 6enavld0.a Roman Reyna Sal Tlnaiwro Mayor Mayor Pro Tom, Ward 1 pA�tl' Ward Ward Ward Wards Ward Maoli G�sante -ana or o Vearrri e t2& t - q yyyyd,[hrmZ �aama -arid or AA Col to A4W,.2a Deend, d.e rOSeaWlne� RRev— R-yrggAnaT g aT nSgrpu Ana.o[g INSURANCE ON FILE WORK MAY PROCEED MAYOR UNTIL INSURANCE EXPIRES Miguel A. Pulido MAYOR PRO TEM of 8 00 Vincent F. SarmientOLERK OF COUNCIL w DATE: COUNCILMEMBERs Angelica Amezcua P. David Benavides ,�--^^��,,�9¢( r„r - I�Yv�N� Michele Martinez Roman Reyna -- SalTinajero CITY OF SANTA ANA PUBLIC WORKS AGENCY 20 Civic Center Plaza M -36 e P.O. Box 1988 M -36 Santa Ana, California 92702 w rrsanta- ana.org June 17, 2015 Eduardo Perry, Jr. United Storm Water, Inc. 1400 E Valley View Blvd. City of Industry, California 91746 Re: Agreement A- 2012 -105, "Contractor Agreement' Extension Dear Mr. Perry: A-2013-114-02 Pursuant to Agreement A -2012 -105, entered by United Storm Water, Inc., and the City of Santa Ana, dated June 4, 2012, as amended by Agreement A- 2013 -114 and Agreement A -2013- 114 -01, Section 4 "Term ", the time period of said Agreement is hereby extended for an additional one (1) year period, through June 30, 2016. All other terms and conditions of said Agreement remain unchanged and in full force and effect. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with such Prevailing Wage Laws. Insurance certificates are required to be extended and/or renewed to cover this extension. If you have any questions, please contact Thomas Lo in the Public Works Agency at 714- 647 -5659. Since ly, Fre ousavipour Executive Director Public Works Agency APPROVED AS TO FORM: Sonia R. Carvalho City Attorney o Sandoval C of Assistant City Attorney c: Clerk of the Council CITY OF SANTA ANA David Cavazos ATTEST: Maria D. Huizar Clerk of the Council SANTA ANA CITY COUNCIL -7 Miguel A, Pulido li Vincent F. Sarmonto Michele Martlnaz Angellaa Amemua 'iI P. David 6enavld0.a Roman Reyna Sal Tlnaiwro Mayor Mayor Pro Tom, Ward 1 pA�tl' Ward Ward Ward Wards Ward Maoli G�sante -ana or o Vearrri e t2& t - q yyyyd,[hrmZ �aama -arid or AA Col to A4W,.2a Deend, d.e rOSeaWlne� RRev— R-yrggAnaT g aT nSgrpu Ana.o[g n® CERTIFICATE OF LIABILITY INSURANCE F DATE YY) 1 /16/2015 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 pollcy(ies) must 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 endors humor( s). PRODUCER Bolton & Company 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 CON AC _ PHONE "— FAX (626) 799- 7000- A C No): (626) 583„ -2117 E-MAIL _..__.- - „ -__, ADDRESS, INSURERS AFFORDING COVERAGE NAIC p ✓ INSURERA: Steadfast Insurance Company GPLOO8626700 www,boltonco.com 0008309 INSURED United PumpiN Service, Inc. United Storm VV ater, Inc. INSURER B: Zurich American Insurance Company $ 1,000,000 ---- ----- — —� INSURER C: CLAIMS -MADE OCCUR INSURER D: 4 Lease Inc. 14000 ffast Valley Blvd. City of Industry CA 91746 INSURER E: INSURER F TO -RENTD PREMISES E. ocr.ence COVERAGES CERTIFICATE NUMBER: 23093655 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR R TYPE OF INSURANCE INSD ADDLSUBR MIT POLICY NUMBER MMIDDY� MMDDY� LIMITS COMMERCIAL GENERALUABILITY ✓ GPLOO8626700 12/31/2014 12/3112015 EACHOCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR TO -RENTD PREMISES E. ocr.ence $ 50,000 MED EXP (Any one person ) $ 5,000 PERSONAL& ADS INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 4,000,000 POLICY Z PRO- JECT E LOG PRODUCTS- COMP /OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY BAP008625100 12131/2014 12/31/2015 EOMBINEDS INGLE LIMIT $ 1.000.000 BODILY INJURY (Per person) $ ✓ ANYAUTO ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ ✓ NON-OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Peraccident $ A UMBRELLA LIAB OCCUR SXS008626800 12/31/2014 12/31/2015 EACH OCCURRENCE $ 9000000 AGGREGATE $ 9,000,000 ,/ EXCESS LIAB CLAIMS -MADE DED ✓ RETENTION$0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN WC008625000 12/31/2014 12/31/2015 PER UT 'EA”- E.L. EACH ACCIDENT $ 1,090,009 OFFICERIMEMBER EXCLUDED? (Mandatory, in NH) EL .DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Pollution Liability GPLODS626700 12/31/2014 12131/2015 1,000,000 Each Claim A Professional Liab - Claims Made GPLOO8626700 12131/2014 12131/2015 1,000,000 Each Claim DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is reed !red) GL Additional Insured and Primary & Non - Contributory wording applies per the STFESP101 ECW0910 attached as required by wirtten contract. Re: Operations of the Named Insured. Additional Insured(s): City of Santa Ana,/a, its officers, agents, volunteers and employees. UNITED STORM WATER A- 2013 - 114 -01 REVIEWED BY:zq> , (� EUNICE HEREDIA (PG. 1 of 4) City of Santa Ana Public Works Department 20 Civic Center Plaza M -36 Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE I reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD CERT NO.: 23093655 CLIENT COU£: UN17PUM -01 Naacy Cadwallader 1/16/2015 3:3'1:41 PM (PST) Page 1 of I Additional Insured - Automatic - Owners, Lessees Or Contractors Coverage Part One - Commercial General Liability Coverage Part Two - Contractor's Pollution Liability ZURICH Policy No. Eff. Date of Pol. Exp. Data of Pol. Producer Audi Prem. Return Prom, 12/3112015 �Eff.DateofEnd. 75223000 Named Insured and Mailing Address: UNITED PUMPING SERVICE, INC. 14000 VALLEY BLVD CITY OF INDUSTRY, CA 91746 -2801 Producer: BOLTON & COMPANY PO BOX 6030 PASADENA, CA 91102 -6030 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Policy ❑X COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY COVERAGE PART TWO- CONTRACTOR'S POLLUTION LIABILITY 1. Who is an Insured (Section I.) in the COMMON COVERAGE PROVISIONS is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. 2. The insurance provided to the additional insured person or organization applies only to: a. "Bodily injury ", "property damage' or "personal and advertising injury" under COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; and resulting directly from: (a) Your ongoing operations performed for the additional insured, which is the subject of the written contract or written agreement; or (b) "Your work" completed as included in the "products- completed operations hazard ", performed for the additional insured, which is the subject of the written contract or written agreement; and /or b. "Claims" arising out of a "pollution event" under COVERAGE PART TWO - CONTRACTOR'S POLLUTION LIABILITY, caused, in whole or in part, by: (1) Your acts or omissions; or STF -ESP -101 -E CW (09110) /��111/fff Page 1 of 3 UNITED STORM WATER A -2013- 114 -01 REVIEWED BY:1 G "G'`r .. EUNICE NEREDIA (PG. 2 of 4) CERT N0. 23093655 CLIENT C'OO t': IINITPIIl1 -01 Nancy CadW"llader 1/16/2015 3:37 :41 PM (PM Page 2 of 4 (2) The acts or omissions of those acting on your behalf, and resulting directly from: (a) "Covered operations" performed for the additional insured, which is the subject of the written contract or written agreement; or (b) "Completed operations" of the "covered operations" performed for the additional insured, which is the subject of the written contract or written agreement. 3. However, regardless of the provisions of paragraphs 1. and 2. above: a. We will not extend any insurance coverage to any additional insured person or organization: (1) That is not provided to you in this policy; or (2) That is broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and b. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: (1) The Limits of Insurance provided to you in this policy; or (2) The Limits of Insurance you are required to provide in the written contract or written agreement. 4. The insurance provided to the additional Insured person or organization does not apply to: "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying 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, inspection, architectural or engineering activities. 5. The additional insured must see to it that: a. We are notified as soon as practicable of an 'occurrence ", offense or "pollution event', as applicable, that may result in a claim; b. We receive written notice of a claim or "suit" as soon as practicable; and c. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non - contributory. 6. For the coverage provided by this endorsement: a. The following paragraph is added to Paragraph 8.a. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non - contributory with respect to any other policy upon which the additional Insured is a Named Insured, In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. b. The following paragraph is added to Paragraph 8.b. Other Insurance, Conditions (Section V,) in the COMMON COVERAGE PROVISIONS: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence ", offense, claim or "suit'. This provision does not apply to any STF- ESP -101 -E CW (09/10) Page 2 of 3 UNITED STORM WATER A- 2013 - 114 -01 REVIEWED By: 4 . 44 A EUNICE HEREDIA (PG. 3 of 4) 11,FT .1., 210 IG54 CLIENT lov" UeN 11l(,1-01 Nancy Cxdwallades 1/16/2010 331:11 PM (P9, f,, i of 9 policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non - contributory basis. 7. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional Insureds, and which endorsement applies specifically to that identified additional Insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. STF- ESP -101 -E CW (09/10) Page 3 of 3 UNITED STORM WATER A -2013- 114 -01 REVIEWED Sy: i? G! EUNICE HEREDIA (PG. 4 of 4) CGR.' V0.: P109365S CLIFF C006: M'TPUM -01 Nancy Cadwalladee 1/16/0:5 3:37:91 PM (PSTI Page 4 of 4 A'C®R& CERTIFICATE OF LIABILITY INSURANCE 1"i DATE(MMIDD /YYYY) 1 1/21/2016 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 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 Bolton & Company 3475 E. Foothill Blvd., Suite 100 Pasadena, CA 91107 CONTACT NAME: PHONE FAX A/C No Ext : 626 799 -7000 A/c No : 626 583 -2117 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # www.boltonco.com 0008309 INSURERA: Steadfast Insurance Company 26387 INSURED United Pumping Service, Inc. United Storm Water, Inc. INSURER 13: Zurich American Insurance Company 16535 INSURERC: EACH OCCURRENCE 4 Lease, Inc. 14000 East Valley Blvd. City of Industry CA 91746 INSURER D: PREM SES (Ea occurrence) INSURER E: INSURER F $ 5,000 MWWWAA-cl� -JYUCV ra.v.1urde -J- - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SD SUBR WVD POLICY NUMBER POLICY EFF MM /DD /YYYY POLICY EXP MM /DD/YYYY LIMITS A �/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR ✓ GPL008626701 12/31/2015 12/31/2016 EACH OCCURRENCE $ 1,000,000 PREM SES (Ea occurrence) $ 50,006 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PEO LOG GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP /OP AGO $ 2,600,006 F $ OTHER: B AUTOMOBILE LIABILITY BAP008625101 12/31/2015 12/31/2016 MB,1NEDtSINGLELIMIT $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ ✓ NON -OWNED HIRED AUTOS ✓ AUTOS PROPERTY DAMAGE Per accident $ Died Comp & Collision $ 1,000 A UMBRELLALIAB ✓ OCCUR SXS008626801 12/31/2015 12/31/2016 EACH OCCURRENCE $ 11,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $ 11,000,000 DED ✓ RETENTION $0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? ❑N NIA WC008625001 12/31/2015 12/31/2016 PER OTH- ✓ STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below A Pollution Liability GPL008626701 12/31/2015 12/31/2016 1,000,000 Each Claim A Professional Liab - Claims Made GPL008626701 12/31/2015 12/31/2016 1,000,000 Each Claim DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Agreement #A-2013-114-02 GL Additional Insured and Primary & Non - Contributory wording applies per STFESP101 ECW0910 attached as required by wirtten contract. Additional Insured(s): City of Santa Ana, its officers, agents, volunteers and employees. REVIEWED BY: EUNICE HEREDIA (PG OF ) , City of Santa Ana Public Works Department 20 Civic Center Plaza M -36 Santa Ana, CA 92701 td SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Cassandra Rosales U 19BB -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 28233710 1 IJNITPUM -01 1 15 -16 GL, Auto, Umb, WC, POLL, Prof Liab I Ali.. Lopez 1 1/21/2016 4:56:02 PM (PST) I Page 1 of 4 Additional Insured-Automatic-Owners, Lessees Or Contractors Coverage Part One - Commercial General Liability Coverage Part Two- Contractor's Pollution Liability ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'I Prem. Return Prem, G PL008626701 12/31/2015 12/31/2016 7szz3000 Named Insured and Mailing Address: UNITED PUMPING SERVICE, INC. 14000 VALLEY BLVD CITY OF INDUSTRY, CA 91746 -2801 Producer: BOLTON & COMPANY PO BOX 6030 PASADENA, CA 91102 -6030 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Policy ® COVERAGE PART ONE - COMMERCIAL GENERAL LIABILITY IN COVERAGE PART TWO - CONTRACTOR'S POLLUTION LIABILITY 1. Who is an Insured (Section I.) in the COMMON COVERAGE PROVISIONS is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. 2. The insurance provided to the additional insured person or organization applies only to: a. "Bodily injury ", "property damage" or "personal and advertising injury" under COVERAGE PART ONE- COMMERCIAL GENERAL LIABILITY, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; and resulting directly from: (a) Your ongoing operations performed for the additional insured, which is the subject of the written contract or written agreement; or (b) "Your work" completed as included in the "products- completed operations hazard ", performed for the additional insured, which is the subject of the written contract or written agreement; and /or b. "Claims" arising out of a "pollution event" under COVERAGE PART TWO - CONTRACTOR'S POLLUTION LIABILITY, caused, in whole or in part, by: (1) Your acts or omissions; or / STF- ESP -101 -E CW (09/10) / Page 1 of 3 i`! f REVIEWED BY: j 101. l� - EUNICE HEREDIA (PG" OF ) 28233710 1 UNITPU14 -01 1 15 -16 GL, Auto, Umb, WC, POLL, Prof Liab I Alisa Lopez 1 1/21/2016 4:56:02 PM (PST) I Page 2 of 4 (2) The acts or omissions of those acting on your behalf, and resulting directly from: (a) "Covered operations" performed for the additional insured, which is the subject of the written contract or written agreement; or (b) "Completed operations" of the "covered operations" performed for the additional insured, which is the subject of the written contract or written agreement. 3. However, regardless of the provisions of paragraphs 1. and 2. above: a. We will not extend any insurance coverage to any additional insured person or organization: (1) That is not provided to you in this policy; or (2) That is broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and b. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: (1) The Limits of Insurance provided to you in this policy; or (2) The Limits of Insurance you are required to provide in the written contract or written agreement. 4. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying 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, inspection, architectural or engineering activities. 5. The additional insured must see to it that: a. We are notified as soon as practicable of an 'occurrence ", offense or "pollution event ", as applicable, that may result in a claim; b. We receive written notice of a claim or "suit" as soon as practicable; and c. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non - contributory. 6. For the coverage provided by this endorsement: a. The following paragraph is added to Paragraph 8.a. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non - contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event, we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. b. The following paragraph is added to Paragraph 8.b. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence ", offense, claim or "suit'. This provision does not apply to any STF- ESP -101 -E CW (09/10) Page 2 of 3 REVIEWED BY: 177 r EUNICE HEREDIA (PG , OF ) 28233710 1 UNITPUM -01 1 15 -16 GL, Auto, UMW, WC, POLL, Prof LiaU i A1isa Lopez 1 1/21/2016 4:56:02 PM (PST) i Page 3 of 4 policy in which the additional insured iao Named Insured onsuch other policy and where our policy iarequired by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. 7. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in o Schedule of additional inouredo, and which endorsement applies specifically to that identified additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. aTF-EoP-101'smm(09x0) Page 3 of 3 28233710 1 "NI`PUooz 1 15'1" GL, ^~o. Ullib. = POLL, Prof uia* | ^asawpeZ 1 1/21/2016 4.56.02 = 'PST, | Page 4 of