Loading...
HomeMy WebLinkAboutROCKFORCE CONSTRUCTION, LLC.�hANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES -1. t .10i� CLERK OF COUNCIL DATE: N-2021-109 0�}i z� LICENSE AGREEMENT O'•PWA �tii�,M;chotel 1,3 This LICENSE AGREEMENT ("Agreement") is dated as of May 1, 2021, and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation existing under the Constitution and laws of the State of California ("City"), and ROCKFORCE CONSTRUCTION, LLC. ("Licensee"). RECITALS A. The City is the owner of that certain real property located in the City of Santa Ana, County of Orange, California, northeast of Bristol Street and Warner Avenue intersection, more specifically identified 2209 S. Bristol Street, 2215 S. Bristol Street, and 2219 S. Bristol Street (APN 015-194-25, APN 015-194-38, and APN 015-194-39), as depicted on Exhibit A ("License Area"). B. Licensee desires to use the License Area for purposes of storing vehicles, materials, and other construction equipment and stockpile during the License period ("Permitted Uses"). C. The City has agreed to grant Licensee a license to use the License Area, on the terms and conditions set forth in this Agreement. NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. License. The City hereby grants to Licensee a nonexclusive license for the right to enter and use the License Area beginning on May 1, 2021 for the Permitted Uses described in Recital B, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations under this Agreement. This License shall remain in effect until October 31, 2021, unless extended in writing by the Executive Director of the Public Works Agency, or his or her designee. The License may be terminated by City upon thirty (30) days written notice. This Agreement is intended and shall be construed only as a revocable license to use the License Area and not as a lease or grant of any possessory or other interest. 2. Restoration and Clean Up. At its sole cost, Licensee shall, after use of the License Area, restore the License Area to its original condition in which it existed immediately prior to the Agreement, leave the License Area in a neat and clean condition to the sole satisfaction of the City, free of trash and debris, and remove all property and materials of Licensee. Licensee shall cause the License Area to be cleaned, with such work to be completed no later than the times specified in the License as stated in paragraph 1 above, and the License shall be extended to such time for the limited purpose of allowing the cleaning work to be completed. 3. Compliance with Laws. Licensee shall cause all activities of Licensee under this Agreement and all activities on the License Area to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits. 4. Licensee shall include, implement, and maintain but not be limited to the following Best Management Practices (BMPs) at the License Area: a) Waste management and Materials Pollution Control BMPs shall be implemented to prevent the contamination of stormwater by construction wastes and materials. b) Tracking control (TC) BMPs to control off -site sediment tracking shall be implemented and maintained. Page 1 of 4 c) Sediment control (SE) BMPs shall be implemented at all locations along the site perimeter, at all operational storm drain inlets and at all non -active slopes, as appropriate. d) Pollution prevention practices shall be implemented. e) Non-stormwater management measures to prevent illicit discharges and control stormwater pollution sources. f) Erosion Control BMPs shall be implemented, as appropriate. g) Wind erosion control BMPs (dust control) shall be implemented, as appropriate. h) Non-stormwater BMPs shall be implemented to reduce or prevent the contamination of stormwater from construction activities. For specific guidance reference, reference the Construction Runoff Guidance Manual (Orange County Stormwater Program, December 2012) [https•//media ocgov com/gov/ow/watersheds/documents/bmp/constructionactivities asn] or the California Stormwater Quality Association (CASQA) Stormwater BMP Handbook for Construction. S. Damage. In the event that Licensee damages any portion of the License Area or the improvements or equipment therein, Licensee shall immediately repair the damage at Licensee's sole cost. Alternatively, the City may, at its election, repair the damage in which case Licensee shall reimburse the City for its cost within fifteen (15) days of receipt of written demand from City. 6. Licensee Parties. Licensee, together with its employees, subcontractors, agents, representatives, and all persons entering the License Area, by or through or at the direction of Licensee, are collectively referred to herein as the "Licensee Parties." Licensee shall be responsible for the Licensee Parties and shall cause the Licensee Parties to comply with the terms of this Agreement. 7. Fee. As consideration for this Agreement, Licensee shall pay City a total license fee of $37,620. Licensee shall pay this amount upon full execution of this Agreement. Licensee shall pay the monthly fee of $6,270, as pro -rated if applicable, for any extension of the Agreement pursuant to Section 1. 8. AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the License Area or any other matter relating to Licensee's use of the License Area. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the License Area. Licensee acknowledges and agrees that the use of the License Area will be on the basis of Licensee's own investigation of the condition of the License Area. The license to use the License Area shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the License Area shall be subject to the License Area being in a usable and safe condition at the time of Licensee's use and Licensee shall be responsible for determining whether the License Area is in such condition. In connection therewith, in the event that the License Area or access thereto is damaged or obstructed or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the License Area usable or safe. 9. Insurance. Licensee shall secure or cause its agents or contractors performing any entry onto the License Area to secure, prior to commencing any activities under this Agreement, and maintain or cause to be maintained during the term of this Agreement, insurance coverage as follows: a. Commercial General Liability Insurance. Licensee shall maintain commercial general liability insurance which 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 Licensee Parties use of the License Area, including, without limitation, acts Page 2 of 4 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 and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers 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. Worker's Compensation Insurance as required by California law. C. Comprehensive Automobile Liability Coverage, including as applicable owned, non - owned, and hired autos, in an amount of not less than $1,000,000 per occurrence, combined single limit, written in an occurrence form. 10. Indemnity. Licensee shall indemnify, defend, and hold harmless City, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the License Area, the entry by any Licensee Party on the License Area or surrounding property, or Licensee's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Licensee will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered Party, shall defend the same at Licensee's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 10 shall survive the termination or expiration of this Agreement. it. Miscellaneous. 11.1 Entire Agreement, Waiver and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Licensee. 11.2 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless and to the extent the rights and obligations of one or both parties has been materially altered or abridged by such holding. 11.3 No Assignment. Licensee shall not assign or transfer or otherwise convey any interest in this Agreement to any party without the express prior written consent of City, which consent may be withheld in City's sole and absolute discretion. 11.4 Applicable Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of California. 11.5 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing parry. Page 3 of 4 N-2021-109 11.6 Authorijy The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions of this Agreement. 11.7 Notices. Any notices, requests, or approvals given under this Agreement from one party to another shall be in writing and shall be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, by certified mail, return receipt requested, to the addresses of the other party as stated in this section, and shall be deemed to have been received at the time of personal delivery or three (3) days after the deposit for mailing. Notices shall be sent to: If to Licensor: RockForce Construction, LLC. Attn: Craig Roth 26776 Vista Terrace Lake Forest, CA 92630 If 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 11.8 Execution in Counterpart. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. IN WITNESS WHEREOF, City and Licensee have entered into this Agreement as of the day and year first written above. CITY OF SANTA ANA t5 i K istine Ridge City Manager APPROVED AS TO FORM Sonia R. Carvalho City Attorney 7K'. JZ M.Funk Senior Assistant City Attorney FOR APPROVAL -11 A ,�a " Nabil Saba Executive Director Public Works Agency ATTEST Daisy Gomez Clerk of the Council LICENSEE By: / �v Its: Page 4 of 4 DIgIl,11, slened Is Ranclne R. Francine R. Vlllarea NareaI " DUe' 2a21.02.0216:05:4e aa'¢e' ROCKFORCE- RFINLAYSON CERTIFICATE OF LIABILITY INSURANCE DATE 12110/2020YI 12110/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER CONTACT The Weoditch Company Insurance Services, Inc. 1 Park Plaza Suite 400 ID/IRe, CA 81614 PHONE EaO: (949) 563.9800 FAX No):(949) 553.0670 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC N INSURER A: Lloyd's of London 32727 INSURED INSURER B: Clear Blue Insurance Company 28860 INSURERC:Arch Insurance Company 11160 Rockforce Construction, LLC INSURER D : 26772 Vista Terrace Lake Forest, CA 92630 INSURER E INSURER F : COVERAGES CF_RTIFICATF NIIMRFR- DPVIQlnM MI IMRCD- 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 CONTRACTOR 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 LT rypE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF DDM'YY POLICY UP IDDFYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR X GLL-10740.01 12/10/2020 12110/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO nnce 100,000 MED EXP (Anyoneperson) Excluded PERSONAL&ADV INJURY $ 1,000,000 AGGREGATE LIMIT � APPLIES PER: POLICY � JEC ] LOC GENERAL AGGREGATE $ 2,000,000 GEN'L PRODUCTS-COMPIOP AGG $ 21000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B mfi $ 1,000,000 X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X BW02-STR-2000024-00 12/1012020 12/1012021 BODILY Per erson $ BODILY INJURY Per accltlent $ OPffdent AMAGE $ X AUTOS ONLY X ARPOS NNBN UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ C WORKERS ND EMPLOYERS' COMPENSATION ANYPROPRIETORIPARTNER/E%ECUTIVE N opiFICE�i/ryEn BER EXCLUOEDY n (Mande o I NM) If yes, describe under DESCRIPTION OF OPERATIONS below NIA ZAWCN804701 711/2020 711/2021 _ X STATUTE ERH E.L. EACH ACCIDENT _ $ 1,000,D00 E.L. DISEASE - EA EMPLOYEE _ $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,D00,000 DESCRIPTION OF OPERATIONS I LOCATIONS [VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more apace Is required) RE: Project 906-3610; San Lorenzo Sewage Lift Station. glalp/auai City of Santa Ana, its officers, employees, agents and representatives are included as Additional Insureds as respects General Liability and Auto Liability per attached endorsement. This Insurance shall apply as Primary and Non -Contributory per attached endorsement. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division, 4th Floor ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE �., lOekManaBzrnnttD(visfoR .�,t REVIEWED & APPROVBD BY, ACORD 25 (2016103) ©1988-2016 ACORD C & ,a a Ru'1kkMan The ACORD name and logo are registered marks of ACORD 2isanagement Analyst ACORV ° U AGENCY CUSTOMER ID: ROCKFORCE- LOC #: 1 ADDITIONAL REMARKS SCHEDULE RFINLAYSON Page 1 of 1 AGENCY NAMED INSURED Rockforce Construction, LLC 26772 Vista Terrace Lake Forest, CA 92630 POLICY NUMBER EE PAGE 1 CARRIER NAIC CODE EFFECTIVE DATE: SEE PAGE 1 EE PAGE 1 SEE P 1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 26 FORM TITLE: Certificate of Liability insurance Cancellation: *Should this policy be cancelled before the expiration date, The Wooditch Company will mail 30 (thirty) days written notice to those Certificate Holders which require such action per contract or agreement.* Except 10 Days Notice of Cancellation for Non -Payment of Premium. * REmemm & APPRDYED BY: ACORD 101 (2008/01) © 2008 ACORD CO In The ACORD name and logo are registered marks of ACORD RNk ManagementAnalyir POLICY NUMBER: BW02-STR-2000024-00 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the Inception date of the policy unless another date is indicated below. Named Insured: Rockforce Construction, LLC Endorsement Effective Date: 12/10/2020 SCHEDULE Name Of Person(s) Or Organization(s): Any and all jobs/projects of the insured, where any person or organization for whom 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 vour Dolicv, and executed Drior to a claim. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 fii F4411a� P, V:lGmurd Risk Man�yement Ao�lyx[ ❑OLIC❑ ❑OMB❑R❑GLL-10740-01 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION T❑s endorse[] ant ❑odifies insurncce Drol7ded under tlia fo[D❑in❑❑ COMM❑RCI❑L ❑a❑aR❑L LIaBILITa CO❑❑R❑o❑ a❑RT SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any person or organization whom you are required to add as All locations where your ongoing operations are performed an additional insured to this policy under a written contract for any additional insured as specified in a written contract executed prior to the occurrence which results in bodily injury or property damage under Coverage A, or the offense which results in personal and advertising injury under Coverage B. Infor❑ [lion re❑uired to co❑ ❑Cate t[1s Scaedule, if not s[o❑n aoD[e, ai®e s❑o❑n in tie DecETCtions❑ A. Section II — Who Is An Insured is ❑❑ended to incode a rn Eddition❑❑insured We aarsonCa❑or or1loniEEtion11❑sio❑n in toe Scaedufe, Mt on® ❑ita res❑ect to IIDE120for "Ebdi®inora', "[ro❑arta dm a[e" or "Gerson❑❑ Md DdD;rtisina inora' cased, in ❑❑ote or in ❑nt, ❑m 1. Eour ❑cts or oa issions❑Dr 2. Tae acts or o❑ fissions of tCose ❑ctin❑ on Lbur ❑amm in We aerfora [lice of [our on❑oin❑ ooxCtions for t❑e ❑ddition❑a insured[SE] [t tae [Ocoion[I❑ desio Eted E]Dl ao❑el]l 1. T[e insuroice Cfforded to suc❑ ❑dditionaa insured on®❑a❑Ges to tae e[tent Gera itted ❑❑ Imo❑Did 2. If co[Br❑❑e Dro17ded to We [dditiona[lnsured is re❑uired ❑❑ ❑ contr❑ct or ❑tree❑ent, tae insur[ltce Gfforded to sue[] ❑ddition❑❑insured ❑i®not ❑e Oroader t❑Dt taD ❑Jc❑ Lou ore re❑uired ❑❑ t❑e contr❑ct or a[l-ee❑ent to Drodde for sue[] iddition❑dnsuredo B. Wit❑ resGect to tie insurDtce Efforded to tiese additional insureds, t❑e folld❑ina addition❑a eC;osions ❑❑a® Tos insurDice does not a®to "❑odi®inor❑' or "Dro❑ertada❑ [Ce" occurrin❑ Ifter❑ 1. ❑® cork, incodin❑ ❑ oeri❑®, 0:1ts or emia❑ent furnis❑ed in connection aita suc❑ ❑ork, on t0a Drot$ct [Ot❑er t❑o, ser❑ce, ❑[intenonce or rears❑to Ce [erfor❑ed a❑or on Ce0❑Ifl of tile ❑dditionLIE] insured Esa o taa UcLtion of t[la co red operLtions DES ❑een co❑ aleted❑or 2. T❑D [brUon of "CDur ❑ork" out of aoc❑ t❑e inoro or da❑ Ellie crises [[s Geen out to its intended use ❑a Di❑ ❑erson or or❑Diiaoion ot[er t❑oa rnotaer contractor or suCcontrtxtor enmoad in aarforoina oaaroions for ❑ aincima s ❑ DDt of t❑e s❑❑ a oro[act❑ CG 20 10 0413 ❑ Insurrnce SerElces Office, Inc[]2012 aex Risk MamganaeelAl aim REVIEWED&APPR�NNlH4 ov� DSY: • p4M44 4 hgpa. V44F RAManayament Analyst C. Wit[] resCect to toe insuroice Efforded to tDese Ddditionoo insureds, toe foBboin❑ is Cdded to Section III — Limits Of Insurance: If coLerLLe prodded to tLe CdditionLill insured is reLuired LLLcontrCct or LEreeLent, tLe Lost oe ❑i®moon OeOIXflof tEl- Oddition0Dinsured is toe LLount of insurOnce❑ 1. Required ootCe contrCct or L[Teel]entCDr 2. ❑ul®L@ under tCe 00111coL@ Lioits of Insurrnce sLDLn in tCe DecMEtions❑ ❑UCLBCBr is @ss❑ Tds endorseLent sLL[91 not increL,e toe LOL@lEla LiLits of Insurl-rce soDon in We DecUrL ions ❑ Page 2 of 2 ❑ Insurahce Serdces Office, Inc42012 VJAMmagment Weion REVIEWED&APPROVED BY:: Risk ManagementAnaVA R` POLICY NUMBER: GLL-10740-01 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you are required to add as an additional insured to this policy under a All locations where "your work" was performed for any additional insured as specified in a written contract. written contract executed prior to the occurrence which results in bodily injury or property damage under Coverage A, or the offense which results in personal and advertisinq injury under Coverage B. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". 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 to such additional insured will not be broader than that which you are required by the contract or agreement to provide for 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 behalf 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. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 MAj RlekManegPrRav 8y.- RenE>�o & APPROVm Bv: F W-av Z its Risk Managewnt Analyst POLICY NUMBER: GLL-10740-01 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 0413 © Insurance Services Office, Inc., 2012 waleManagmuntDiAslan f/ f ¢RL-nEWE0 & A P+R'ovED Bv:. Risk Management Analyst