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HomeMy WebLinkAboutRBF Consulting (9)I AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. M3 4UG _7 4H ! Return form to the Sr. Deputy CIerk of the Council (M-30). Call 647-5238 if you y ri 1 i} questions. ` r COUNOL --------- - - - - -- -- ----- - - - - -- - - - - - The agreement with �n f�lF No was completed on , I f �� and fmal payment has been made. 4 - 200 2--03 b 0 core Department: 666� � Signature: Date: City of Santa Ana Revised 8-7-01 Clerk of the Council A-2005-033 �5i1RAIVtI ON HU .'vORK �,i:,Y PftOCEEG MIL iiCURF XE EXPIRE CLERK OF GOUNN OUTF: 11-11-05 SECOND AMENDMENT TO CONSULTANT AGREEMENT THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered into on February 22, 2005, by and between RBF Consulting, a California corporation rI 2-wba.) ("Consultant') and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Agreement A-2002-036, dated April 8, 2002, (hereinafter "said Agreement") by which Consultant has provided architectural and design services to assist the City in preparing a Citywide Design Guidelines manual. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and increase compensation to complete the project. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Second Amendment to Consultant Agreement, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Consultant shall perform those services as set forth in Exhibit A of said Agreement and Exhibit A-1 of this Amendment to Agreement." 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A of said Agreement and Exhibit A-1 of this Amendment to Agreement. The compensation to be expended for services provided from November 1, 2004 through December 31, 2005 shall not exceed $25,000.00, as set forth in Exhibit A-1 of this Amendment to Agreement. The total sum to be expended under said Agreement and Amendments shall not exceed $103,200.00 during the term of said Agreement. " 3. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on April 8, 2002 and terminate on December 31, 2005, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Planning and Building and the City Attorney." 4. A new Section 17, DELIVERY OF WORK PRODUCT, shall be added to read as follows: "DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work -product resulting from the services provided. Said work product shall be provided to City in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. Regarding any copyrightable material, including but not limited to books, reports, plans, photographs, drawings, and computer programs, which are produced as part or result of this project, the Consultant agrees for itself and it's affected officers, employees, agents, contractors, and volunteer workers that (a) such material may not be copyrighted without prior review by the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials." 5. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CONSULTANT RBF CONSULTING (NAME) Ron iilugrath (TITLE) Vice President/ Director of Planning and Design FBF CONSULTING November 23, 2004 Mr. Vince Fregoso, Senior Planner Planning Division CITY OF SANTA ANA 20 Civic Center Plaza Ross Annex Building, Second Floor Santa Ana, CA 92702 RE: City of Santa Ana Design Guidelines Revisions — Scope of Work Dear Mr. Fregoso: Pursuant to our discussions regarding the completion of the Citywide Design Guidelines. The following tasks shall be performed as part of this Scope of Work. This Scope of Work shall supersede our expired contract. The following Tasks shall be performed: Task 1: Meeting Attendance RBF will attend and prepare for the following meetings related to the Design Guidelines document: • 1 HRC Meeting • 1 Planning Commission Hearing • 1 City Council Hearing • 2 Staff Meetings (2 hours each) Not to Exceed Budget: $6,500.00 Task 2: Document Revisions This task assumes minor revisions to the Design Guidelines Document, excluding the Single Family Residential Chapter. These revisions assume no revisions to the Appendices and revisions will require minor text changes and no additional graphics. A preliminary budget of 56 hours has been budgeted for this task. Should additional work be required, Not to exceed Budget: $6,160.00 PLANNING ■ DESIGN ■ CONSTRUCTION 14725 Alton Parkway, Irvine. CA 9261E-2027 • P.O. Box 57057, Irvine, CA 92619-7057. 949 472 3505 • Fax 949A72.8373 Offices located throughout California, Arizona & Nevada • www RBF.corn EXHIF, r A-1 P43F . CONSULTING Task 3: Single Family Residential Chapter Revision It is our understanding that this task will require considerable revisions to reflect the concern and issues address with the HRC and other staff members. Based upon our initial understanding of this task, we assume a budget of $10,000.00 will be sufficient to complete the required revisions. RBF will evaluate the required changes to determine if this budget is sufficient. Any additional assumptions and/or revisions to the budget amount will be discussed with staff prior to the commencement of work. Not to exceed Budget: $10,000.00 Document Copying and Printing RBF can prepare color copies of the document at a rate of $120 per document We look forward to discussing the more detail with you to meet your scope and budget expectations. If you have any questions, please contact me at (949) 855-5769. Respectfully submitted, RBF CONSULTING David Barquist, AICP Associate PLANNING ■ DESIGN ■ CONSTRUCTION 14725 Alton Parkway. Irvine. CA 92618-2027 . P.O. Box 57057. Irvine. CA 92619-7057 • 949 472.3505 • Fax 949.472.8373 Offices located throughout California. Anzona & Nevada a PBF.com ACOR CERTIFICATE OF LIABILITY INSURANCE 11/29/oa°""' - PRODUCER ` THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton &Associates 'A4 a(7U,�-L (c, ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 10550 �" HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana, CA 92711-0550 vipOa_�.3�'-L)� h-da)._1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 714 427-6810 A _ 7n.�-i_a/1!(� ..0/ INSURERS AFFORDING COVERAGE W(/L6C INSURED RBF Consulting -��.(?n3- /'%Z INSURER A: Travelers Property Casualty Co of Am '. INSURER : Hartford Fire Ins. Co. PO Box 57057 Irvine, CA 92619.7057 "` ..t INSURERc n' Firemas Fund Insurance Co. -of INSURER D. Underwriters at Lloyd's London INSURER E: _ COVERAGES 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. iNLN TypE OF INSURANCE LTR POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MMIDDM' DATE MM/DO/YY LIMITS A GENERAL LIABILITY P63050OD409204 11/30/04 11/30/05 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fir I$1 QQQ QQQ Ir CLAIMS MADE X] OCCUR INDP. CONTRACTORS MED EXP(Any one person) $5,000 PERSONAL anov INJURY _ $1,000,000 _. X CONTRACTUAL INCLUDED X BFPD, XCU GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: . PRODUCTS -COMPIOPAGG $2,000,000 POLICY X PRJECT O- I X LOC B AUTOMOBILE LIABILITY 57UENTLO126 11/30/04 '11/30/05 COMBINED SINGLE LIMIT X ; ANY AUTO (Ea eaaiden ) $1,000,QQQ ALL OWNED AUTOS r I — SCHEDULED AUTOS BODILY INJURY (Per person) I $ F X HIRED AUTOS j BODILY INJURY S NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ -- -- (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ _ ANY AUTO II11/30104 AUTO ONLY: AGO $ C EXCESS LIABILITY XSM00086597721 11/30/05 EACH OCCURRENCE $10,000,000 X. OCCUR CLAIMS MADE Professional Llab. AGGREGATE $1000QQQQ is Excluded APPRoV AS'TO FORM$ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- 01 IT EMPLOYERS' LIABILITY f.aU t tC S]1COdy EL EACH ACCIDENT $ ASAIStB 1, it AtlOrnf\' ft E.L DISEASE EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT 1 $ D OTHER Professional P1049400 11/30/04 11/30/05 $1,000,000 per claim (Liability �,I $2,000,000 annl aggr. DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT)SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: JN 10-102081, Design & Development Standards. - City of Santa Ana, 20 Civic Center Plaza, Santa Ana, CA 92701, its officers, employees, agents, (See Attached Descriptions) SHOULD ANY OF THE ABOVEDESCRIB ED POLICIESSECANCELLED BEFORE THE EXPIRATION City of Santa Ana, Planning Division DATE THEREOF, THE ISSUING INSURER WILL 9XISinF.'QR%TP MAIL 30 DAYS WRITTEN Ms. Maya DeRose NOTICE TOTHE CERTIFICATE HOLDER NAM ED TOTH E LEFT, BMRSBWLM7LMMMMAMAMA9tXx 20 civic Center Plaza, Ross Annex Bldg 2nd FL*WAORAWAXK300MOOkWARMKXMX)tXXKXRXW"XMAAIHAWW3NNOBWA =X PO Box 1988, M-20 ADlXX=xxWX"x Santa Ana, CA 92702.1988 RECEIVED AUTHORIZED REPRESENTATIVE ii - tM. _n ACORD 25.5 (7/97)1 of 2 #M115917 _,P in a 91111r ppNNtltl OGI. v , SANTA MdA VtANNINU 0EP 1 © ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) volunteers and representatives are Additional Insured as respects to General Liability. Primary and Non -Contributing and Cross Liability coverage applies to GL. (AI/PR/CRS/X) APPROVED AS 'TO FORM aura Stitt Sheedy Assistant City Attornev AMS 25.3 (07197) 2 of 2 #M115917 POLICYNUMBER: P63050OD409204 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART cZya011l11l1111a Name of Person or Organization: City of Santa Ana, Planning Division Ms. Maya DeRose 20 civic Center Plaza, Ross Annex Bldg 2nd FL PO Box 1988, M-20 Santa Ana, CA 92702-1988 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Name of Person or Organization Continued: its officers, employees, agents, volunteers and representatives PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. SEVERABILITY OF INTEREST: IT IS AGREED THAT EXCEPT WITH RESPECT TO THE LIMIT OF INSURANCE, THIS COVERAGE SHALL APPLY AS III' EACH ADDITIONAL INSURED WERE THE ONLY INSURED AND SEPARATELY TO EACH INSURED AGAINST WHOM CLAIM IS MADE OR SUIT IS BROUGHT. APPROVED AS `I'O FORM Laura Stitt Sheedy Assistant City Atiornc% CG 20 10 11 85 ' A1CbRD RBFCO-1 CERTIFICATE OF LIABILITY INSURANCE OPID (MM07 07 /07/YY4 04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE United Captive Ins. Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17151 Newhope St., Ste 211 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fountain Valley CA 92708 Phone:714-708-4370 Fax:714-708-2300 INSURERS AFFORDING COVERAGE NAIC# ""-- INSURER A: U.S. Fidelity and Guaranty Co. INSURER B: REF Consulting INSURER C. 14725 Alton Parkway INSURER D. Irvine CA 92718 INSURER E IK�$�ia:e�naa 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLI Y EFFECTIVE DATE MM/DDM' POLI Y EXPIRATION DATE MWDD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE ❑ OCCUR PREMISES (Ea ocwrence) $ MED EXP (Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ POLICY PRO- ECT LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED LIMIT CO D $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EAACC $ $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ AUlm WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE D123W00096 07 Ol /04 07/01/05 X TORV LIMITS ER E L. EACH ACCIDENT $1000000 OFFICFR/MEMBER EXCI.I IDI If yes, descdde under E.L. CISEAS -EA Cz!^LOVCEr$1DODOvD EL.DISEASE - POLICY LIMIT t $ 100000 0 SPECIAL PROVISIONS below OTHER APP OVER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *10 days notice of cancellation for non-payment of premium. Re: JN 10-102081. Design & Development Standards. Laura Stitt Sheedy Assistant City Attomea i.Mrc I Ir KlA I D nuILLI CANCELLATION City of Santa Ana, Plang. Div Ms. Maya DeRose, Sr. Planner 20 Civic Center Plaza Ross Annex Bldg., 2nd F1. Santa Ana CA 92702 CITYSAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EMAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) © ACORD CORPOR. OATEIZ QCORa. CERTIFICATE OF LIABILITY INSURANCE 02.111108DnY) PRODUCER /1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates A " �.C)07' I& 5 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 10550 �l _�pb5 ).� ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 /'1 INSURERS AFFORDING COVERAGE 714 427-6810 INSURED wSURER A Travelers Property Casualty Co of Am RBF Consulting 1IINSURERS: National Union Fire Ins Co of Plttsb_ PO Box 57057 INSURER C'. Underwriters at Lloyd's of London Irvine, CA 92619-7057 INsuRERO: _- — COVERAGES THES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY TO WHICH PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EMENT, TERM OR CONDITION AFFORDED OF ANY CONTRACT OR OTHER BV THE POLICIES DESCRIBED HEREIN DOCUMENT WITH IS SUBJECT RESPECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH N, THE INSURANCE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS GGREGATE YPE OF INSURANCE FI- POLICY NUMBER POLICY EFFECTIVE DATE MM/ODIYY POLICYEXPIRATIONT DATE MMI DIYYLIABILRY LIMITS 11130/08 EACH OCCURRENCE $1 0000U0 63050OD4092TIL07 11/30/07 FIRE DAMAGE (Anyone fire) S1 ODD 000M ERCIAL GENER�AL LIABILITY DX CCCUR'INDP.CONTRACTORS MED EXP (Any one parson) $10,000 PERs_oNALaADVINJURv 1$1,000000 CLAIMSMADE X CONTRACTUAL CO INCLUDED GENERAL AGGREGATE $2 000 000 X XCU _ _ PRODUCTS COMPlOP AGG S2 DUD OOO _ ' GEN'L AGGREGATE.IMITAPPLIES PER: POLICY X PRO- LOC 8109496B499 11/30107 11130/08 COMBINED SINGLE LIMIT $1,000,000 A AUTOMOBILELIABILITY (E... dent) X ANY AUTO ALL OWNED AUTOS BODILY INJURY (Par person) S SCHEDULED AUTOS - X HIRED AUTOS BODILY INJURY (Per accident) $ —' X NONOWNEDAUTOs PROPERTY DAMAGE (Per..dent) I$ AUTO ONLY -EA ACCIDENT i GARAGE LIABILITY ANY AUTO OTHER THAN EAACC $ $ AUTO ONLY: AGG B EXCESS LIABILITY BE9834351 11/30/07 11/30108 EACH OCCURRENCE $10 000,000 AGGREGATE s10.00_6,OOU _ X OCCUR CLAIMS MADE Professional Liab. I " $ is Excluded $ _ DEDCCTIBLE - WC STA-LL OTH- LI ITS- $ RETENTION 8 WORKERS COMPENSATION AND -TORY EMPLOYERV LIASILITY E.L. EACH ACCIDENT $ _ E. L. DISEASE - EA EMPLOYEE $ _ E.L. DISEASE -POLICY LIMIT $ C OTHER Professional P1079400 11130107 11/30/08 $1,000,000 per claim Liability ',. $2,000,000 annl aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLEWEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services Re: Environmental Services and Technical Studies City of Santa Ana, its officers, agents, volunteers, employees and (See Attached Descriptions) City of Santa Ana Attn: Tonic Zerba 20 Civic Center Plaza P. O, Box 1988, M-20 Santa Ana, CA 92702 SHOULD ANYOFTH E MOVE DESCRIBED POLICIES BE CMCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ DAYSWRITTEN NOTICETOTHE CERTIFICATE HOLDERNAMED TOTHE LEFT, BUTFAILURE TO DOSOSHALL IM POSE NOOBLIGATION OR LIABILITYOF ANY KIND UPON TH E INSURER,ITS AGENTS OR ACORD 25.511IV01 or BOLT IDVNIYIL tLL 14 .,, , n ACORn CORPORATION 198E DESCRIPTIONS (Confiinued from Page 1) representatives are additional insured as respects to General Liability as required by written contract. AMS 25.3 (07197) 2 of 2 i1S2175071M212212 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART I. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or falling to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that Is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: L Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional Insured must tender the de- fense and indemnity of any claim or "suit" to any provider of"other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 ® 2005 The St, Paul Travelers Companies, Inc. CG D2 46 08 05