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ENVIRONMENTAL ENGINEERING AND CONTRACTING, INC. - 2007
City of Santa P i Clerk of the Council AGREEMENT TERMINATION � Please complete this form when the attached agreement is no longer in effect ?hilt" SEP 15 PH Return form to the Clerk of the Council Office (M-30). CITY Call 647-6520 if you have any questions. " ' x NA NCIL ------------------- The agreement with No. A ----L©0-7- Q+5 5 (3) was completed on and final payment has been made. �d 1M7a7 Department: ?1,)#9 - Q n i Fj2 pl [llff&,� Phone/Ext.: 3,9 Signature: e7�r Date: / //� FILE [CE EXPIRES ctLR � F UOUNCIL CONSULTANT AGREEMENT D THIS AGREEMENT made and entered into this 5a day of November, 2007 by and between Environmental Engineering and Contracting, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A-2007-245 A. The City desires to retain a consultant having special skill and knowledge in ' the field of inspecting food service establishments for compliance with the City's Fats Oil and Grease Control Program. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall assist in implementing the City's Fats Oil and Grease Control Program, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified Consultant's Fog Program Cost Estimate and Fee Schedule, attached hereto as Exhibit B. The total sum to be expended under this Agreement shall not exceed $180,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1, 2008 and terminate on December 31, 2008, unless terminated earlier in accordance with Section 12, below. This Agreement may be extended for an additional one-year term, at the rates currently in effect, upon written approval of the Executive Director of Public Works and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Public Works City of Santa Ana 220 S. Daisy Avenue, M-85 Santa Ana, California 92703 telefacsimile (714) 647-3345 Attn: Cesar Barrera and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Environmental Engineering and Contracting, Inc. 501 Parkcenter Drive Santa Ana, California 92705 Telefacsimile (714) 667-2310 Attn: John Shaffer A party may change its address by giving notice in writing to the other party. Thereafter, communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. H H 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Lagpa Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. RE]A City Manager ENVIRONMENTAL ENGINEERING AND CONTRACTING, INC. Aesid�ent A ER Tax ID# 33 -0 L S�oZFf EXHIBIT A FOG PROGRAM MANAGEMENT AGREEMENT SCOPE OF WORK Consultant shall provide program management services for implementation of the City's Fats, Oils and Grease (FOG) control program. These services will include providing oversight and administration of a comprehensive food service establishment (FSE) inspection program and assisting with enforcement of the City's FOG Control Ordinance (NS -26-70). EEC will provide FSE inspection services on an as -needed basis and will also assist with the training, coordination, and oversight of City inspectors for this program. The scope of work will include the following tasks: TASK I — FSE Inspections and Enforcement 1) EEC will physically inspect the FSEs in the City of Santa Ana based on previously established priorities determined by the FOG characterization study and ongoing program implementation. The inspections fall into one of the four following categories: • Best Management Practices (BMP) Inspections — These are basic inspections that determine compliance with all required kitchen BMPs. Additional education can be provided to FSEs at this time. • Grease Removal Equipment (GRE) Inspections — These inspections are conducted to evaluate compliance with a facility's grease removal equipment requirements. • Permitting Inspections — These are comprehensive initial inspections of new or remodeled FSEs. The purpose is to identify the type of food, equipment, and kitchen practices that could contribute FOG to the sewer system. FSEs are provided education on FOG program compliance and BMPs. EEC will continue to produce and provide all required educational materials to the FSEs. • Compliance Inspections — These inspections are conducted when it is determined by the FOG Control Program Manager that a follow-up inspection is required for a non-compliance issue that has been identified in a previous inspection. 2) EEC will assist the City with any enforcement actions that are required due to violations of ordinance NS 26-70. Enforcement procedures will be followed in accordance with the FOG Control Program Manual. Inspections shall be provided on an as -needed basis and shall be billed at the rates shown on attached Exhibit B. The Orange County Health Care Agency provides basic kitchen BMP inspections. Additionally, City inspectors are being trained to provide each of the various categories of inspections. EEC shall coordinate these efforts and adjust the inspection intervals to account for these additional efforts. TASK 2 — Trainingof f City Staff EEC will train City Public Works Agency Sanitation Inspectors to conduct all of the categories of FSE inspections. Training will include classroom style training at EEC's office as well as ride -along training to assess level of competency. When City staff are fully trained, they will perform the on-going inspections. TASK 3 — FOG Control Program Mana eg ment l) EEC will utilize the updated FSE database to organize, integrate and manage the FOG control data. EEC will evaluate and summarize the data, and report the findings and recommendations to the FOG Control Program Manager on a monthly basis. EEC will coordinate activities associated with the Hot Spot characterization database maintained by the City. 2) EEC will coordinate the activities of City inspectors to integrate their activities into the overall program. EEC will furnish the City with monthly schedules for inspections so that City staff can develop work plans. EEC will provide inspection forms for use by City Staff and will enter data collected by City Staff into the database. 3) EEC will conduct periodic meetings with City staff to integrate sewer system and source control data and prioritize required activities. EXHIBIT B FOG Program Cost Estimate with OCHCA Support Period: January 1 to December 31, 2008 Rate Subtotal Total am Implementation/Management T&M 12 months $6,000 $72,000 al Assessment T&M 1 $7,000 $7,000 $79,000 FSE Inspections itting Inspections Unit 100 $121 $12,100 Inspections Unit 103 $74 $7,622 Inspections Unit 420 $74 $31,080 'GRE Inspections Unit 53 $90 $4,770 >liance Inspections Unit 139 $124 $17,236 Days / Source Inspection Oversight andT&M 10 $1,190 $11,900 N_up $84,709 FSEs cement Inspections T&M 10 $252 $2,520 cement Project Management T&M 10 $1,490 $14,900 $17,420 $181,129 EXHIBIT B-2 2008 Fee Schedule PERSONNEL CHARGES — The charge for all time required for the performance of the Scope of Services, including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Labor Classification Hourly Rate Staff Geologist, Engineer, Scientist $85 Sr Staff Geologist, Engineer, Scientist $95 Project Manager, Geologist, Engineer -1 $110 Project Manager, Geologist, Engineer — II $120 Sr Project Manager, Geologist, Engineer -1 $140 Sr Project Manager, Geologist, Engineer - II $165 Principal Geologist, Engineer $175 Principal $195 Project Assistant $65 Technician $75 Drafter $80 Sr Technician $85 Compliance Inspector $85 GIS Analyst $85 GIS, Database Specialist $110 Construction Technician $60 Construction Field Supervisor $70 Construction Manager $80 Sr Construction Manager $110 Emergency response and client requested work during non-standard business hours will be charged at a rate of 1.25 times the standard hourly rate. When EEC Staff appear as expert witnesses at court trials, mediation, arbitration hearings and depositions, their time will be charged at 2.0 times the standard rate. All time spent preparing for such trials, hearings, and depositions, will be charged at the standard hourly rate. TRAVEL. Field vehicles used on project assignments will be charged at $50 per day. The mileage charge will be billed by the current rate established by the Internal Revenue Service plus mark up. Per Diem is billed at a unit cost of $40 per day. Lodging and Per Diem is billed at $175 per day. FIELD EQUIPMENT. Field Equipment is billed at standard unit costs. Rate schedules are available upon request. SUBCONTRACTORS AND REIMBURSABLES. The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15%. OTHER PROJECT CHARGES. The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of copies supplied. SHIPPING AND POSTAGE. Shipping charges include couriers and the postage necessary will be charged at cost plus markup. INTEREST CHARGES. Interest on late payments will be charged at the rate of 1.5% per month This Fee Schedule is adjusted each subsequent year to reflect the ecvnomlc changes torthe new year. The new schedule will apply to existing and new assignments. A :UKU GER-1IFIGATL JF LIABILITY INSURANG oa;iz;zooi PRODUCER (949)261-5335 FAX (949)261-1911 Tutton Insurance Services, Inca 2913 S. Pullman St. Santa Ana, CA 92705 #2827 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC I INSURED Environmental Engineering & Contracting, Inc. 501 Parkcenter Drive Santa Ana, CA 92705 INSURERA: Zurich American Ins Co INSURERB: Peerless Insurance Company DS INsuRFRc: Granite State Ins Co INsuRERD: American International Special FG INSURER E: GFS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADO -1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONhi LIMITS GENERAL LIABILITY GLOS98178904 10/31/2007 10/31/2008 EACH OCCURRENCE $ 21000.000 X COMMERCIAL GENERAL LIABILITY OAMAGE TO RENTED S 100, 000 CLAIMS MADE O OCCUR MED EXP (Any one person) $ 25,000 PERSONAL S ADV INJURY $ 2,000,000 A GENERAL AGGREGATE S 2,000,00 GEHL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG S 21000,000 X POLICY PRO -LOC JECT AUTOMOBILE x LIABILITY ANY AUTO CBP9589097 04/30/2007 04/30/2008 COMBINED SINGLE LIMIT (Eaacciden) $ 1,000,00 BODILY I WURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE It S S DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC943919 05/24/2007 05/24/2008 X wcsrAiuOTR- ER E.L. EACH ACCIDENT S 1,000 00 C EMPLOYERS' LIABILITY ANY PROPRIETOPUPARTNERIEXECUTIVE OFFICERRAEMBER EXCLUDED? E.L. DISEASE EA EMPLOYEE E 1,000,00 !(yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 11000,000 D 40oressional Liab., ]aims made retro date 5 /4/98 PEC900929704 10/31/2007 10/31/2008 Each Loss: $2,000,000 Total All Losses: $2,000,000 Deductible: $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ertificate holder is named as an additional insured per attached policy form UGL117SACW. his insurance is primary where required by written contract. giver of subrogation applies per the attached CG2404 10 day notice of cancellation will be sent for non-payment of permium. '"Re -printed w/new WC policy 5/31/07 *Re -printed w/new GL info. 11/2/07` City of Santa Ana, its agents and employees Attn: Cesar Berrera 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL WM10XJt M MAIL Officers °30 DAYS MITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, nw��xdcxt>mr�xwwxxar�assxacxawrawrxuanxxidxucac�cx APPROVED AS TO F XNKKxatxwcm)t)txxmxxxxwmwkxm xxxxxxxx AUTHORIZED REPRESENTATIVE ACORD 25 (2001!08) FAX: (714)667-23yAyia St rr <, ©ACORD CORPORATION 1988 t�S3lStaat LAtt07IlDy Additional Insured —Automatic - Owners, Lessees Or ZURICH Contractors - Broad Form Policy No. I Eff. Date of Pol. I Esp. Daze of Pol. I Ed. Date of End. I Producer I Add']. Prem I Retum Prem. GLO598178904 10/31/2007 1 10/31/2008 1 10/31/2007 ITuttoninsurancos Is THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section 11) is amended to include as an insured arty person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injuy" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal and advertising irgury" results directly from: a. Your ongoing operations; 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. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of. a. The Limits of Insurance provided to you in this policy; or b. The Limits of hlsumnce you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or "personal and advertising injuy" that results solely from negligence of the addi- tional insured, or 2. 'Bodily injury", `property damage" or "personal and advertising itury" 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 U-Gl.l 175-A CW (9103) Includes copyrghted material of Insurance Services Office, Inc. with its permission. Page I of 2 b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against an, policy issued by an- other insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION W - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Pan not changed by the terms and conditions of this endorsement continue to apply as writ- ten. U-Gt.l 175-A CW (9/03) Page 2 of 2 GOLDEN EAGLE INSURANCE CORPORATION P.O. BOX 55826 - SAN DIEGO, CA 92186-5826 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY Policy No: AGAINST OTHERS TO US GLO598178904 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section Iv - COMMERCIAL GENERAL LLkBl= CONDITIONS) is ameaded by the addition of the following: We waive my right of recovery we =my have against the person or organization shown in the Schedule below because of paymeats we make for injury or damage arising out of your ongoing operations or 'your work' done under a contract with that person or organization and included in the "prodoats-compleied operations hazard.' This waiver applies only to the person or organization shown in the Schedule below. (If no entry appears below, information required to complete this endorsement will be shown in the Declaratinns as appli- cable to this andorsemenL) SCHEDULE Additional Premium: Name of Parson or Organization: Blanket when required by contract. CO2304 1101931 IOECPO8971 Inc dac copyn Ihlod malarial at ~-mO 56nl0ar Otfiea, Ne. CCCYn9ht Iprvanea SaMeae, Inc.. 1902 � - zoo 7- ACORD CERTIFICATE OF LIABILITY INSURANCE �I"°2120 PRaoucER (999)261-5335 FAX (949)281-1911 Tutton Insurance Services, Inc. 2913 S. Pullman St. Santa Ana, G 92105 oa/lz/2oo7 7 THIS CERTIFX:ATE 181SSUEDASA MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON TFIE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC s 02827 wfuRED Env ronnMnta Eng mar n9 Q Contract ng, Inc. 501 Parkeenter Drive Santa Ana, G 92705 iN9JRERA Zurich American Ins W iNsuRERe peerless Insurance eopany DS iNal�R c: Granite State Ins W Santa Ana, CA 92701 _ It ROA rTcen International Special FG INSURER E: rnvconr_ro 10/31/2007 THE POLICES OF INSURANCE LISTED BELOW HAVE SEN ISSUED TO THE INSURED NA EDABDVE FOR THE POLICY PERIOD INDICATED -NOTWITHSTANDING ANY REOUREMENT, TERM OR CONDITION OFANYOONTHACTOR OTHER DOCUMENTN TH REBPECT70 WHICH THIS CERTIFICATE MAYBE ISSUED OR MAYPERTAN, THE 14SURMCE AFFORDED BY THE POLICIES DESCRIBED HEREIN B SUBJECT TO ALL THE TERMS. EXCLUSIONS ANDCONDRIONS POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLANS. OF SUCH rnR kov TYPE OF IXfURAMCE POJCY NIa18ER POLICY Tlra PODGY QPN4 Santa Ana, CA 92701 _ AUTHOII®RMP EYATNE Stanley Tutton/SUSAN J-'4 d �'+� �I�' GL0598178904 10/31/2007 10/31/2008 main EACH OCGIRRENCE s 2,000,00( X COXMEACW. GENERPLL1AaLITY ENTEDs 100 00C WMAcEOX MMP ) f 25 DOAw rDGRr s 2000 00GREGATE s 2 000.00PpM1WpPAGGf TGMERAL�RWAM 2 000,00 X P Uu ,� LDCAOTDMOBAE waLm CBP9S89097 04/30/2008 04/30/2WddK NGIEuun fALL 1.000,009CHEIUM ONmEO AU Y f IPC W+m1 B AUM HIRED AUTOx LyIIQl P.__k4' f NaWJN1aDAG10.4 GE f GARAGE I. AINLm AumGNLr. EA ALdDEHT s ANYAIfN OMERT7AN EAACC x AM MJr. 0.60 f EYOEESIMIBRnLLIABAITY EACHOCCURMI'IM x =lAl ElCLAMM MADE AODREaATE f s — — DEDucralE RE.emw x s MTsexEascaLlPEMaAnox,uiD WC1972564 05/24/2006 05/24/2009 X w WAr OTH- EMPLOYM LwmM EL EACHACCxYNf f 1,000.000 ANY PNDPPoETORRARTXERh2�U1NE OyFwiwcIC,ENMETHER E%CLIAI®i ELDGEAff-EA EMR f 1.000 00 10 9PECIAlP161' EL OLREA9E-POUCYLMR x 1000 OO wxCNBMMew ro essiofPEC9"W92870Loss: 52,000,000 , Dairs madate To[al All Losses: $2,000,000 8uctible: 55,000DE P x0Fn0NS1vEXI:LFaIEA0.UNO[♦:MLPRwlugrsertT t?icata nal as an aaatttonansattachau polity Tone OOL1175AC1Y. his insuranmary where required by written contract. aiver of suapplies per the attached CG2404**Re-printed with nes auto policy 4/16/08* 10 day noticcellation will be sent for non-P&W It of pelmium. Re-Printrd wWC policy S/27/O8* *Re -printed w/new GL info. 11/2/07* ACORD 25 (2001=1 yo vORIV, AVor 8140.11.0 MY OF THE Anc ED MWDPO ft Be GXOEIED BEFORE THE City of Santa Ana, its Officers �"RA°OM pATa iX°u'Mwsun°xeu°°Iwu IOBDBBOBIMMa agents and employees *30 OAYx YIIMRBl NOTICETO THE Oe[IMGTExaDER xA1eD TO T1IE LER. Attn: Cesar Barriers 20 Civic Center Plaza Santa Ana, CA 92701 _ AUTHOII®RMP EYATNE Stanley Tutton/SUSAN J-'4 d ACORD 25 (2001=1 yo vORIV, AVor IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(iss) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and oondMons 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). DISCLAIMER The Certificate of Insurance an the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it afirmatively or negatively amend, extend or alter the coverage afforded by the polldss listed thereon. Additional Insured — Automatic - owners, Lessees or 0 Contractors- Broad Form ZURICH Pint* Ma For 1). of M. I I':M IAk of Pon. Y.R. Ualra vill. wnlmn Add7. Pens aewm Tram ee neat ooT 1631 Dr Ttdbnlmn s THIS ENDORSEMENT CHANGES THE POLICY, PIJ ASE READ IT CAREPI)IA.V This a adosement Modifies insurance provided under ice!: Commercial Genn, LSailUity Coverage Part A. WHO IS AN INSURED (Stolon ply is amended to include as an insured ally person ororgaaayaliun whom you arc required to odd as an addition d insured on this policy under a written conhot o N ayina Agreement. B. The insurMtcc pxwided to addidomtl insureds Applies only to'7podib• injtny". "property dintWg or"perepmd and advalis- ing h0trry' covered under Wort 1, Coverage A, BODILY INJURY AND PROPERTY DAMAGE. LIABILITY and Cottage B. PERSONAL AND ADVERTISING INJURV LIABILITY, Mn only if: I. 77te'bodily hljuty"or `propem'dsnange" results Dont Your negNgetac: and 2. TLE "bodily injury". •'Property damage" or "pcatmnal and advdnisiog Wjury" tcwhs direedy rram: a. Your ongoing operauopn; or b. 'Your Work- G111111110011 Its Included In int "producti-comIpidLed opemtiom lutea". Performed 1010c additional insured, a•Idcb is Ae subjeel of lbe wfilen con m or wdlMn agtcpnent. . Sf C. NaNes'er, a'ganiksT Of the pro'Isians ofpmagatplu A Md a. cholic: 1. We will nml Mentally ils mole coverage to any additional Insured person or orgy batlion: a. Thal is non IMM -W91110 you in Ihls polite; or b. 77sv is any broalorcevemge than you aro required to pi ide te rhe 00 000111 inured porton ororganio"an in rin written cotranam or Nrilierr agreement: and 2. We will not pmsidc Limits of lrsumnce Io ring additional insured items or otgacufetion that exceed lit lower of: a The Limitsor(rlsumneprovidedm you in lNspolicy;or It. The Limits of irdumne you arc required to povide in Lit vaillen mmraot orwdnen agnxnteM. D. The MtEnmilCe pron'ided W the addiliaati irsarcd pomm� walgatdxation does non apply b: I. '11odily igjury" "Prop", damage' or "peroorel and advcniaing iryvy that mitlls solely from mgligeee ar Ibc addi- liar®I unwed, of 2. "Bodih Injury" "propek danw®e" or "pesompi and advenising itqun" truing ons rd dl, rendering or failure to rr derarly' prolessia ni multalwoml, enginet61%or suety in$ services including: a. TIM preparing, approving, or failing M prcparcorapprmt maps, sllapdraaiags, opinia,. rcponc srmtyx, field ordms, cimip odea w dnlwings u2d gmdrnationr. and 1'44. a VLA Cwlam) Indudal, eapyrrnhsad rr"iol of llmWHIM Sawmill, Waeo. am Klan as pnmsuon tare l "12 b. Sepenisory, i5sprrlion, arcbilegwal or c11�11CCfirli apiviueb. E Tllc addilimial imrod mail r c to h that: L We art notifnd as coon as practicable Oran "oecu(c ce, m orfeore that may (grub in a claim: Z We recci3•e writIce rosicc of n claim m "suit" aS soon as pmctimblrA and .l• A request for defenic and indemnalt- or ft claim or "Suis" will promptly be broagM aylirw am policy issuW by an- otller irtsarerunder wlach rile additional itlwrcd also has,rigtaa as an installed or a4dbionsd isqurcC. F. Tht iroura2xe prmitied by this crdorsemem is priloary imarmta and we Hill clot sods comdbtnioa from am• other in- smance treglahk to atq• atkllsonal insuscd imison or 01p*d2adon 111110» the labor insurance it prov'idod by i eontnetor Mlmr than you for the sams operation and jab location- T1oa %v %ill rhne with that other ialluna a b;• the nWhad do• scribed in paraimpb at. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS. An) provisions in this Contrails Pan not chard* by the terms and coaditlonr or Ibis cndo semela eotausm to apply as wril- (on. ,'I'. 11 �71 „o+ l Rtil.l 175-A ('W (M31 Pw 2nf2 GOLDEN EAGLE INSURANCE CORPORATION P.O. BOR 85826 - SAN DMGO, CA 92186.3826 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY Pdby go. AGAINST OTHERS TO US GL08881780" THIS UMORBEMM CHAU4E8 THE MUCY, PLEASE READ rr CAgggALy. Thla snderasmattl mMENs trtesrraaef preMdad Indy tlIs faRvrdnb: COMMERCIAL OO ML LIASUJTY COVERAGE PART The TRANSFRR OF RIGHTS OF RECOVERY AGAr"TOTHERS TO US Caedima (Seadea IV -COMMERCIAL GENERAL LURRM CONDI[TIO ) is smsaded bl the addWim of IW kUw&W: We srdw til rips er =v"y we Wy baw spume @perms M erFAM4ti "Ift n tba 3dadde bdW W"vm of pgmsou w mob for iajory M dampamit" eta of Maar aa{gae OpWiav m 'Your WWk' dela avdtas amtrsa watt e5a peen or egedtiea sad iaellsisd r dw'yradoewsempyid opwYioae basmd.' Thq vwtvar ePp4es odY mike pimmii or orpolwlw show is ebe Srhedde bekv. Cf m GaW "Pun bdew. WOMMtma MgYusd m aegplatp this andeffmom wiu be shows m Rn Dederai"s u sppli• G" Ia this rdMmmea.l SCHEDULE ; Addldonal Premhem: Nemo of Hreon M Drpatttrakn: Blanket when required by contract. WIN, IIML mimftnI NMl- I WMwwy7,&N'OMW. Ila. Ca'"I Mwlrtlw. IW N.Ir+.. tori S Y ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER 949.261.5335 FAX 949.261.1911 Tutton Insurance Services, Inc. 2913 S. Pullman St. Santa Ana, CA 92705 #2827 INSURED Environmental Engineering & Contracting, Inc 501 Parkcenter Drive Santa Ana, CA 92705 COVERAGES DATE (MM/DDIYYYY) 11/06/2009 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURERA: Zurich American Ins Co 16535 INSURERB: Peerless Insurance Co 24198 INSURER a Golden Eagle Ins Corp 10836 INSURERD: Granite State Ins Co 23809 INSURER E: Steadfast Ins Co 26387 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DDIYYYY POLICY EXPIRATION DATE MMIDDIYYYY LIMITS GENERAL LIABILITY GL0598178906 10/31/2009 10/31/2010E ALOCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 100,000 CLAIMS MADEOCCUR MED EXP (Any one person) $ 25,000 AIS PERSONAL & ADV INJURY $ 1,000,000 _ GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO- JECT LOC AUTOMOBILE LIABILITY CBP9589097 04/30/2009 04/30/2010 X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS y+ BODILY INJURY 6l. o V0 N4 B SCHEDULED AUTOS HIRED AUTOS -�. AA AY -PRO (Per person) $ NON -OWNED AUTOS / BODILY INJURY $ / (Per accident) �`4 c � ' Shee(((dy 1 PROPERTY DAMAGE $ UaUra. Sle , (Per accident) GARAGE LIABILITY ASSISCSII - AUTO ONLY - EA ACCIDENT $ ANY AUTO - - - OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY CU855 5 589 04/30/2009 04/30/2010 EACH OCCURRENCE $ 1,000,000 X OCCUR [] CLAIMS MADE UMBRELLA IS OVER AGGREGATE $ 1,000,000 C AUTO LIABILITY ONLY $ DEDUCTIBLE X RETENTION $ $ VV" WORKERS COMPENSATION WC009241653 05/24/2009 / / AND EMPLOYERS' LIABILITY / /2009 0 5 24 2010 Y LIMITS OER Y / N ANY PROPRIETORIPARTNER/EXECUTIVE❑ ACCIDENT $ 1, 000,000 D OFFICER/MEMBER EXCLUDED? tE.L.EACH (Mandatory in NH) If yes, describe under ASE - EA EMPLOYE $ 1,000,000 SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1.000,000 oTH PEC900928706 10/31/2009 10/31/2010 Each Loss: $2,000,000 Professional Liability E Total All Losses: $2,000,000 Deductible: $5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is named as an additional insured per attached policy form UGL1175, Primary included in form. Waiver of subrogation applies per the attached CG2404. ''10 day notice of cancellation for non-payment of premium. i?rn - RFRTIFIC ATC unl neo _ _ _. _ __ _ _ -- _ _ _ City of Santa Ana, its Officers agents and employees 20 Civic Center Plaza Santa Ana, CA 92701 25 (2009/01) FAX: 714.667.23ILO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ANINAKI"MAIL -30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, lAXXXKVjN&.*)@" � l4�fdWfd4i'fIGXIb4�lE�(ifs�E�ful6iiXil(XX AUTHORIZED REPRESENTATIVE Stanley Tutton/VIV ©1988-2009 ACORD CORPORATION. All riahts rhe ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Additional Insured — Automatic -- Owner Lessees Or 0 Contractors ZURICH P�> Cy Nu Fasp. usac of N. Eir. marc or Fad. ABY bh, AM 11MR. Kam MV171 -9LOW715,9061 10131/20.0211013101-10-1 l"51000 rrzraEMANGRSTHE POLIGY. PLAASF REAV It CAREFULLY. Named tailored: Address (Including ZIP Code): ENVIRON -Mr- v'7'Al. ENGINEERING & CONTRACTING, INC'. SRI PARYCFNfERDRIVE SANTA ASIA. {:A 92709 This Mdorteuront madilies insurance provided under the; Contaterclal General LlablIlty Coverage Part A. Section IJ — Who Is An Insured is amended to include as an irtsurtd any penton or organization who you are re- quired to add as an additional insured on this policy under a written contract car wrinen agrectnent. S. The insurance provided to the additional insum-J person or organiratwa applieat only to "bodily injury', "property damage" or "pmonal and advertisinS fury" covered under RBCTION I - Coverage A - Bodily injury And Prop- irty Datnege LlaMltty and Section r -'Coverage S - PManal And Advertialtrg InJury liability, but only with respect la liability kir "buddy injury"pnVorty domaLw" or "phonal and advenir ng iNury" caused, in whale or In pita, by, I , Your acts or omiosirirA; or Z. Ilse acre Or otni about of those acting an your beitalf; and resulting directly frara: a. Your ongowtg operitivni performed for the adduioaal Insured, "bich is the atibJ of the written contract or carmen agreement or b "Ynur work" Completed as included in the "rroducts"conaplated operations hazard", perfortnrd for the addi- tional insured. which is the subjeor of the written contract or writtan agraerrwar. C. FlnwrtiYr, n:galdiess orox, lrrnvinionr of parayraplat A. artd A sbovc; 1. We*)" extend nay inawrsnt e coverage to any additional inmred parson or organization: e. 'Cbat is not provided to you in this policy; or b. That is any broader coverage than you torr roquirt:d to prrvide to the additional insured person or organiru• turn in rbc writion Contract or written agreenmi; pad 2. We will np1 provide Limits of IM umm, W any additional innuvd pastor or organization that exceed the lower up a. 'I he Limits of Insurance provided to you in thio policy; cu 0, 'I'hc; i.inrits of lnsurarx:e you ane required to ptttvitie rn the written carinae or written agrtxmtrnt. Inctulla u+pydaluad ma�tnal aaf InsurnnceSa�vi�ts quite, one , wnh its pertain t,-GLt 1173- 11 C'W (3,2(M) Peat I of 2 & The imswance provided to the additkinal in3tured perurm nr organization does not apply to; "Bodily ininty" "property dansage" or "personal and advortibing injury" arising out of the rendering or failure to render any professitmal architectural, engineering or wmyittg setvtcos including: 1. The prnpating, approving or failing to prepare or approve map:,, slop drawings, opinions, mpons, surveys, field orders. change orders or drawings and apecificatiom; and 2. Supervisory, inspection, architectural or engineering activities. 1~ l'hc additional insured must see to it that: I- We are notifiUd as Mron as practicable of an "occurrence" or otreme that may result in a claim; 2, We rct:eivc written notice of a claim ar ":suit" as Bonn as practicttble; arid 3. A request for defenao and indemnity of the claim of "Suit" uill promptly be brought against any policy issued by en4titcr imurer tinder which the additional Insured may be an insured :a any capacity, t -his provision does not apply to insurnace on Which the additional hisured is a Named Insured, if the written contract or written agree- mcm requires that this coverage be primary and app -contributory, F. ror the coverage provided by this endor4emcni: L The following paragraph is added to Paragraph 4.a, of the [Nher Insurance Condition of Section IV - Com- mercial General Liability Conditions: This insurance is primary insurance as mspects our coverage to The additional irtwitred person or corgtization. where the writtrn cnmrsct nr written Agreement requires, that this insurance he primary and. non-contributory. In Ont event. we MR not seek contribution i'rem any (otter inmranoe polity available to the additional insured on svhiuh tho additumal insured persnn or nrgatyizAntar is a 1Vanted Intturatl 2, The following paragraph it added to paragraph d,b. of tlic Other InsuranceC:onditian or Section IV - t'otn- linrelal C.em:ral Liahllity Cnnditiona; 'Ih>a Insurance us excem over: AAY of the other insurance, whether primary, excess, corttingern or on any other bitais, available to an additional insured, in which the additional insured on our policy is also covered aS err additional tnwre5d by suachment of an utdorwment to another policy providing coveragc for the name "oceurriuwe", claire or "suit". This ptuvinton docs not apply to any policy in which the additional insured is a N-Itued Insured on such other policy and where OW prlliCy it required by written contract nr written symement in provide coverage to the additional insured an a primary and non-contributory basic, G. "his ctsdrnxerttertt dnch not apply to an additinnal mewed wbicb Itas been added in thio policy by an endorsement .showing the additional insured in a Schedule of additional im:uneds, and which endorttement applies vpeciflcally to that identified additinnxi insun d. Arty provisions in this Coverage part riot chagjgo by Slav terms and aondirions of this endorsement continue to apply 8a written. Includescopyrighned MM9ruI of Imunirve ServKrs Otticc, kW., with its prnmseion. U -tit. -1175 B ('W (3.'20()71 Ptpo2102