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HomeMy WebLinkAboutECONOLITE SYSTEMS, INC.INSURANCtoij -ILe WORK NVPRUCEED UNTIL INSURANCE EXPIRES 6 e�.a1k_ZbZ2 cLc,Rk Cr COUNCIL A-Z021_242 DATE: FIRST AMENDMENT TO AGREEMENT TO PROVIDE D : pWq ((,ewrodn-7o Z) FIC SIGNAL SYSTEM MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on December 7, 2021, by and between Econolite Systems, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State N of California ("City"). 0 ewe rd RECITALS r Lj w A. The parties entered into Agreement No. A-2019-101, dated July 2, 2019, by which ® Contractor agreed to provide preventative and extraordinary maintenance services for the citywide Traffic Signal System ("Agreement"). B. The Agreement remains in effect through July 1, 2022, with provision for extension. C. The parties now wish to modify the scope of services, increase the annual sum to be expended under the Agreement, and exercise the options to extend the Agreement. The Parties therefore agree: Section 1, Scope of Services, is amended to include Contractor's provision of immediate or temporary repairs to City owned series and multiple street light pole or service knock downs or damage caused by vehicle collision, acts of God, vandals, or as required because of a public safety hazard. Contractor shall respond to emergency calls when directed by the City and dispatch high voltage technician and equipment. Contractor shall be compensated for the emergency street light work at the rates set forth in Exhibit B of the Agreement for Extraordinary Maintenance. 2. Section 2.a., Compensation, is amended to increase the total annual sum to be expended under the Agreement by $275,000 for the current annual period and all remaining annual periods. 3. Section 3, Term, is amended to extend the term of the Agreement through July 1, 2024. 4. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST aisy Gomez Clerk of the Council CITY OF SANTA ANA Kristine Ridge City Manager Page I of 2 APPROVED AS TO FORM CONTRACTOR Sonia R. Carvalho City Attorney By. X John M.Funk Senior Assistant City Attorney FOR APPROVAL t /y H NaAil Saba Executive Director Public Works Agency By: Kirk T Steudle Title: Sr Vice President - Systems Page 2 of 2 Digitally signed by Francine R. Francine R. Villareal Villareal A� a CERTIFICATE OF LIABILITY INSURANCE °ojPo812o2,°"YYY 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 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 endorsement(s). PRODUCER Marsh Risk & Insurance Services 17901 Von Kerman Avenue, Suite 1100 (949) 399-5800; License 90437153 Irvine, CA 92614 CONTACT NAME: PHONE -MAIL ADDRESS: INSURERSAFFORDING COVERAGE NAIC9 CN119180939-Emno-GAWU: 21-22 INSURERA: Travelers Indemnity Cc Of CT 25682 INSURED Econolite Systems, Inc. INSURER B: National Union Fire Ins Co Pittsburgh PA 19445 INSURER C : Travelers Properly Casualty Company Of America 25674 1250 N. Tustin Avenue Anaheim, CA 92807 INSURER 0 : NIA NIA INSURER E: NIA NIA INSURER F; COVERAGES CERTIFICATE NUMBER: IOR-0023440cl-7S tatanslnim MINKNOCo. m 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 BUBR POLICYNUMBER POLICY EFF mmurm POLICY EXP MM DlYYYY LIMITS A TXCOMMERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR Y-631492624-TCT-21 06127/2021 06/2712022 EACH OCCURRENCE $ 2,000,000 PREMISES Me amurrence Is 300,000 MED EXP i one person Is 5,000 PERSONAL S ADV INJURY $ 2,000,000 AGGREGATE LI MIT APPLIES PER: POLICY JELOC GENERAL AGGREGATE $ 4,000,000 GEN'L X PRODUCTS$ -MPIOPAGO 4,000,000CT $ OTHER: C AUTOMOBILE X LIABILITY ANY AUTO 810-5P24862A-21-14-G 06127/2021 0612712022 COMBINED SINGLE LIMIT (Ea acdtlenll $ 2,000,000 _ BODILY INJURY (Per parson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Par accldenQ $ X __. HIRED FNON-OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE (Per accldentl _ Is Is X UMBRELLALIAB X OCCUR BE021169545 06127/2021 06/2712022 EACH OCCURRENCE $ 1,000,000 EXCESS LIAIs CLAIMS -MADE_ AGGREGATE $ 11000,000 DED X RETENTION $10 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOMPARTNERIEXECUTIVE OFFICEWMEMBEREXCLUDED9 � NIA UB-1N454058-21-14-G 061 06I2712022 X PER OTH- _ STATUTE ER EA -EACH ACCIDENT $ 1,000,OOO E.L. DISEASE EA EMPLOYEE - ._ $ 1,000,000 (Mandatory In NH) If yyes, describe under DESCRIPTIONOFOPERATIONS below E.L. DISEASE POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re', Traffic Signal Maintenance. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are included as additional insured where required by written contract with respect to General Liability, This insurance is primary and non-contributory over any existing Insurance and limited to liability arising out of the operations of the named insured subject to policy terms and conditions with respect to general liablllly. Waiver of subrog short Is applicable where required by written contract and subject b policy terms and conditions, City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 ACORD 25 (2016103) 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 of Marsh Risk & Insurance Services Manashi Mukherlee _Ivta t 6 ACORD Ci The ACORD name and logo are registered marks of ACORD Risk Mdnr�neF1ED[Walan T rR�EVIEV7ED & APPROVED BY' B. Risk Management Analyst POLICY NUMBER: Y-630-6J492624-TCT-21 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR MANUFACTURERS AND WHOLESALERS This endorsement modifies insurance provided under the following: COMMERCIAL. GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described In any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured -Unnamed Subsidiaries B. Who Is An Insured Employees And Volunteer Workers.- Bodily Injury To Co -Employees And Cc -Volunteer Workers C. Who Is An Insured - Newly Acquired Or Formed Limited Liability Companies D. Blanket Additional Insured- Broad Form Vendors E. Blanket Additional Insured-ControllingInterest F. Blanket Additional Insured - Mortgagees, Assignees, Successors Or Receivers G. Blanket Additional Insured Governmental Entities Permits Or Authorizations Relating To Premises PROVISIONS A WHAT IS AN INSURED UNNAMED SUBSIDIARIES The following is added to SiEGTioN II - WHO Is ANINSURED: Any of your subsidiaries, other than a partnership or joint venture, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sofa owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period: and b. Such subsidiary Is not an insured under similar other insurance. No such subsidiary is an Insured for "bodify injury" or "property damage" 'that occurred, or "personal and advertising injury, caused by an offense committed: . H. Blanket Additional Insured Governmental Entities - Permits Or Authorizations Relating To Operations I. Blanket Additional Insured Grantors Of .Franchises J. Incidental Medical Malpractice K. Medical Payments Increased Limit L. Blanket Waiver Of subrogation M. Contractual Liability -Railroads a. Before you maintained an ownership interest Of more than 50% in such Subsidiary;. or h. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% 1n such subsidiary. For purposes of Paragraph 1. of Section 11- Who Is An Insured, each such subsidiary will be deemed to be designated In the Declarations as: a. Alfmitedliability company; b. An organization other than a partnership, joint venture or limited liability company: or c. Atrust as indicated in its name or the documents that govern its structure: CG'D4 58 02 19 � 20t 7 The Travelers lndemn Cam x 1c `Msnagg��xe.,tDi on nY pant' All rights reserved. / r (R�WEWED&APPROVEDev: Includes copyrighted material of Insurance Sew1ces Once, Inc. with its permission �t® r1 ['4m,4$4 P, vauwl V Risk Management Analyst COMMERCIAL GENERAL LIABILITY B. WHO IS AN INSURED — EMPLOYEES AND VOLUNTEER WORKERS —BODILY INJURY TO CO -EMPLOYEES AND CO -VOLUNTEER WORKERS The following is added to Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Paragraphs (1)(a), (b) and (c) above do not apply to "bodily injury" to a co -"employee" while in the course of the co -"employee's" employment by you or performing duties related to the conduct of your business, .or to "bodily injury' to your other "volunteer workers" while performing dutles related to the conduct of your business. C. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3..of SECTION Il — WHO IS AN INSURED: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and of which you are the sole owner or in which you maintain an ownership interest of more than 50%, will qualify as a Named insured if there is no other similar insurance available to that organization. However. a. ,Coverage under this provision is afforded only; (1) .Until the 18M day after .you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization In writing to us within 180 days after you acquire or form it; or (2) Unfil the and of the policy period, when that date Is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or forth it b. Coverage A does not apply to "bodily Injury" or "property dama ge" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section II —Who is An Insured, each such organization will be deemed to be designated in the Declarations as a. A limited liability company; b. An organization, other than a partnership, joint venture or limited liability company; or c. A trust: as indicated in its name or the documents that govern its structure. D. BLANKET ADDITIONAL INSURED — BROAD FORM VENDORS The following is' added to SECTION 11— WHO IS AN INSURED; Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional Insured on this ,Coverage Part is an insured, but only with respect to liability for "bodily injury" or "properly damage" that: a. Occurs subsequent to the signing of that contract or agreement; and b. Arises out of "your products" that are distributed or sold in the regular course of such vendor's business. The insurance provided to such vendor is subject to the following provisions; a. The limits of insurance provided to such vendor will be the minimum limits that you agreed to provide in the written contractor agreement, or the limits shown in the Declarations, whichever are less. b. The _insurance provided to such vendor does not apply to: (1) Any express warranty not authorized by you or any distribution or sale for a purpose not authorized by you; (2) Any change in "your products" made by such vendor; (3) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;' (4) Any fallure to make' such Inspections, adjustments. tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business, in connectiu n with the distribution or sale of "your products";. Paget of 5 02017 The Travelers Indemriby Company. All rights reserved. Includes copyrighted material of Insurance services oifice, Inc. whh M permission ♦D .,, eg W"kManagemerdDrnawn Rea�D & APPRavm By., 44 -�, Rick ManagementAnayst (s) Demonstration, Installation; servicing or repair operations, except such operations performed at such vendors premises in connection with the sale of "your products'; or (a) "Your products" that, after distribution or sale by you, have been labeled or relabeled or used as a container, part or Ingredient of any other thing or substance by or on behalf of such vendor. Coverage under thi Is provision does not apply to; a. Any person or organization from whom you have acquired "your products", or any ingredient, part or :container entering into; accompanying or containing such products; or b. Any vendor for which coverage as an additional insured specifically is scheduled by endorsement. E. BLANKET ADDITIONAL INSURED — CONTROLLING INTEREST 7. The following is added to SECTION If - WHO IS AN INSURED, Any person or organization that has financial control of you is an Insured with respect to liability for "bodily injury', "properly damage" or "personal and advertising injury" that arises out of: a. Such financial control; or b. Such person's or organization's ownership, maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph & of SECTION 11— WHO IS AN INSURED: This paragraph does not apply to any premises owner, manager or lessor that has financial control of you. F. BLANKET ADDITIONAL INSURED — MORTGAGEES, ASSIGNEES, SUCCESSORS OR RECEIVERS The following is added to SECTION 11 — WHO IS AN INSURED; Any person or organization that is'a mortgagee, assignee, successor or recelver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to its G. CG D4 58 02 19- ® 2017 The Travelers Indemnity Company. All rights reserved.. Includes copyrighted material of Insurance Services otce. Inc. with its parmission COMMERCIAL GENERAL LIABILITY liability as mortgagee, assignee, successor or receiver for "bodily injury', "properly damage" or "personal and advertising injury" that: a. Is "bodily Injury" or "property" damage" that occurs, or is "personal and advertising injury" caused by an offense that is committed, subsequent to the signing of that contract or agreement; and b. Arises out of the ownership, maintenance or use of the premises for which that mortgagee, assignee, successor or receiver is required under that contract or agreement to be Included as an additional Insured on this Coverage Part. The insurance provided to such mortgagee, assignee, successor or receiver is subject to the following provisions: a. The limits of insurance provided to such mortgagee, +assignee, successor or receiver will be the minimum limits that you agreed to provide In the written contract or agreement, or the limits shown in the Declarations, whichever are less. b. The, insurance provided to such person or organization does not apply for (1) Any "bodily injury' or "property damage" that occurs, or any "personal and advertising injury' caused by an offense that Is committed, after such contract or agreement is no longer in effect; or (2) Any "bodily Injury% "properly -damage or "personal and advertising injury" arising out of any structural alterations. new or demolition operations by or :on behalf of such assignee, successor or BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION 11— WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by, or rented or loaned to, you and that you are required by any ordinance, law, building code or written contract or agreement to include'as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" :arising out of the existence, ownership, use, maintenance,, repair, construction, erection or removal of any of the following for which that orriental entity. hAt REVIEWED & APPROVED By. Rah ManageMent Analyst �a COMMERCIAL GENERAL LIABILITY Issued such permit or authorisation: advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations. H BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPER. ATIONS The following is added to SECTION 11 —WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code Or written contractor agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liabilityfor "bodily injury", "properly, damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to:: o. Any "bodily injury"; 'properly damage" or 'personal and advertising injury" arising out of operations performed for the governmental entity; or b. Any "bodily Injury or "properly damage" included in the "products -completed operations hazard'. I. BLANKET. ADDITIONAL INSURED — GRANTORS OF FRANCHISES The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that grants a franchise to you Is an insured, but only with respect to liability for "bodily injury", "property damage" or 'Personal and advertising injury" arising out of your operations in the franchise granted by that person or organization. If a written contract or agreement exists between you and such additional insured, the limits of insurance provided to such insured will be the minimum limits that you agreed to provide in the written contract or agreement, or the limits shown in the Declarations, whichever are less. J. INCIDENTAL: MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act oromission committed in providing or failing to provide- "incidental medical Page 4 of 5 ® 2017 The 17avelers.Indemnity Company. Al ii reservetl. - Includes copyrighted material of imurance Services Office, Inc. with its permisi ion services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupaiion of providing professional healthcare services, 2. The following replaces the last paragraph of Paragraph 2.a.(7) of SECTION 11 —WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1xa), (b). (c) and I above do not apply to "bodily injury" arising out of providing or failing to provide; (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician, paramedic, athletic trainer, audiologist, dietician. nutritionist occupational therapist or occupational therapy assistant, physical therapist or speech - language pathologist: or (b) First aid or "Good Samaritan services' by any of your "employees" or ".volunteer workers", other ,than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct oryour business. 3. The following replaces the last sentence of Paragraph s. of SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion Is added to Paragraph 2.. Exclusions, of SECTION I - COVERAGES - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY,, Sale OfPharmaceuticals "Bodily injury or "property damage" 'arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge orconsent �wc EWEM",sagemenrotw"ran m sk REVIEWED&APPRCMED®Y: ,. Risk Manageipent Analyst 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a" Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following Is added to Paragraph 4,b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other Insurance, whether primary, excess, contingent or on any other, basis, that is available to arty of your "employees" for "bodily injurythat arises out of providing or failing to provide "Incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section 11 — who Is An Insured. K. MEDICAL PAYMENTS— INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense limit is the most we will pay under Coverage C , for all medical expenses because of "bodily Injury" sustained by any one person, and will be the higher of: ' COMMERCIAL GENERAL LIABILITY a. ;$10,000;or b. The amount shown In the Declarations of this Coverage Part 'for Medical Expense Limit. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 4., Transfer Of Rights Of Recovery Against others To us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that Insured's right of recovery against any person or organization, we waive our right of recovery against s uch person or organization, but only for payments we make because or: a. 'Bodily injury" or "property damage that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; subsequent to the execution of the contract or agreement, M. CONTRACTUAL LIABILITY —RAILROADS f. The following replaces Paragraph co, of the definition of "insured contract' In the DEFINITIONS Section: c. Any easement or license agreement: 2. Paragraph f.(1) of the definition of "Insured contra& in the DEFINITIONS Section is deleted. CG D4 56 02 79 ® 2017 The Travelers Indemnity company. All rights reserved. Includes copyrighted material of Insurance Services blflce, Inc. wC its permission �. Risk mame!menenWlm a; `°f. REUiEWED&APPROV®®V Risk Management A"alyst POLICY NUMBER.: Y-630-6J492624-TCT-21 COMMERCIAL' GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products -Completed Operations if Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II - WHO IS AN INSURED: Any person. or . organization that you agree in a written contract or agreement to include as an additional insured on this .Coverage Part is an Insured, but only:. a. With respect to liabilily for "bodily injury" or 'properly, damageM that occurs, or for "personal injury" caused by an offense that is committed, subsequent to the signing of that Contract or agreement and while that part of the contract or agreement Is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organ¢ation does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The.Insurance provided to such additional Insured is sutdect to the following provislons: a. If the Limits of Insurance of this Coverage. Part. .shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the "limits of Insurance described in Section III - Limits Of Insurance. b. The Insurance provided to such additional insured does not apply to: (1). Any "bodily injury', 'property damage" or "personal injury" arising out of the providing, or failure to provide, .any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, .or failing to Prepare : or approve, _drawings and specifications; and (b) Supervisory. Inspection, architectural or engineering activities. (2) Any "bodily injury" or "property damage" caused by "your work' and included in the "products -completed _operations hazard" unless the written contract or .agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable or an 'occurrence" or an offense which may result in a claim. To the extent possible, such notice should Include: (a) How, when and where the 'occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the ^occurrence+' or offense, (2) If claim is made or "sulr is brought against the additionalnsured: CG D2 46 4419 02018 The Travelers Indemnity Company, All rights reserved. y z. RislcMvtapnuaDivision '# Re EWiED&APPROVED BY: �+ Risk Management Analyst m COMMERCIAL GENERAL LIABILITY (a) Immediately record the sper_tfics of the claim or "sort" and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the: claim or "suit" as soon as practicable. (3) 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 "sulf'. and otherwise comply with all policy conditions. (4) Tender the defense and Indemnity of any claim or 'suit" to any provider of other Insurance; which would cover such additional Insured for a loss we cover.. However, this condition does not affect whether the Insurance provided to such additional Insured Is primary to other insurance' available to such additional Insured which covers that person or organization as a° named Insured as described In Paragraph 4., Other Insurance, of Section N — Commercial General Liability Conditions. Page 2 of 2. 02078 The Travelers Indemnity Company. All rights reserved. xREVIEWED&APPROVEDBY: ),,� F..P,.V. Rick Management Analyst '