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HomeMy WebLinkAboutMESTRE GREVE ASSOCIATES 1ACity of Santa Ana Clerk of the Council AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Clerk of the Council Office (M-30). 7113 Call 647-5237 if you have any questions. The agreement with � /�/�{ , //may \/tom / �'-f� /C� G/L^e 1 A./J 'J,wJ , No. c G q _ls CIA) was completed on and final payment has been made. �! A - 2001-161 Ci) core Revised 07-2M7 • Department: 6 1 Phone/Ext.: Signature: Date: INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 9-020--C,3' CLERK COFK O IUIU QL DATE: 7- , 0 , Cd' O: P B A ) Tonia Zerba FIRST AMENDMENT TO CONSULTANT AGREEMENT A-2008-125 THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT, is entered into on June 2, 2008, by and between Mestre Greve Associates, a California corporation ("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-2007-161, dated June 18, 2007, (hereinafter "said Agreement") by which Consultant has provided environmental consulting services. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and amend the Fee Schedule to reflect increased fees during the extended term. 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 First Amendment to Consultant Agreement, the parties agree as follows: 1. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the project budget approved by the Executive Director as set forth in Section 1, above, which shall be based on the rates and charges identified in Exhibit B-1, attached to this First Amendment to Agreement. The total sum to be expended under this Agreement shall be set in the writing authorizing Consultant to perform a specific project pursuant to this Agreement." 2. Section 3, TERM, shall be amended to extend the termination date to June 30, 2009 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. // // IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. ATTEST: ;,PA RICIA E. HtALY 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 MESTRE GREVE ASSOCIATES FRED GREVE, P.E. Principal MESTRE GREVE ASSOCIATES FEE SCHEDULE NamelClassification Loaded Hourly Billing Rates Effective Date of Hourly Rate % Escalation Increase Straight OT 1.5x FromW12/31/1 Fred Greve, Principal $180.00 N/A 01/01/08N/A $180.00 N/A 01/01/09N/A $180.00 N/A 01/01/10N/A $189.00 N/A 01/01/115.00% Vince Mestre, Principal $180.00 N/A 01/01/08 12/31/08 N/A $180.00 N/A 01/01/09 12/31/09 N/A $180.00 N/A 01/01/10 12/31/10 N/A $189.00 N/A 01/01/11 12/31/11 5.00% Matt Jon=Associate$160.00 N/A 01/01/08 12/31/08 N/A 0.00 N/A 01/01/09 12/31/09 N/A 0.00 N/A 01/01/10 12/31/10 N/A 8.00 N/A 01/01/11 12/31/11 5.00% Tanya Moon, Engineer 1 $75.00 N/A 01/01/08 12/31/08 N/A $75.00 N/A 01/01/09 12/31/09 N/A $75.00 N/A 01/01/10 12/31/10 N/A $78.75 N/A 01/01/11 12/31/11 5.00% Tim Reid, Engineer II $90.00 N/A 01/01/08 12/31/08 N/A $90.00 N/A 01/01/09 12/31/09 N/A $90.00 N/A 01/01/10 12/31/10 N/A $94.50 N/A 01/01/11 12/31/11 5.00% .. Technician II $65.00 N/A 01/01/08 12/31/08 N/A $68.25 N/A 01/01/09 12/31/09 5.00% $68.25 N/A 01/01/10 12/31/10 N/A $72.00 N/A 01/01/11 12/31/11 5.00% -18- EXHI !T �. Mestre Greve Associates April 10, 2008 Mr. Pedro Guillen Planning Division City of Santa Ana 20 Civic Center Plaza, M20 Santa Ana, CA 92702 SUBJECT: REQUEST FOR QUALIFICATIONS FOR ENVIRONMENTAL, _CONS ULTANTS - NOISE AND AIR QUALITY STUDIES Dear Mr. Guillen: Mestre Greve Associates is pleased to submit this statement of qualifications for the City of Santa Ana Planning Division's list of pre -qualified environmental consultants. We thank -you for the opportunity to present the City with our qualifications to prepare both initial noise and air quality studies, as well as technical noise and air quality studies in support of CEQA or NEPA documents. Our package has been carefully prepared in response to the specifications provided in the Request for Qualifications. We have completed sensitive and complex noise and air quality assessment studies for numerous private developers, planning firms, and public agencies throughout the Orange County area, and feel that this experience will be of great benefit to the City of Santa Ana. Our firm has an outstanding professional reputation for providing highly professional technical noise and air quality studies in a timely manner. We are proud of our reputation and encourage you to contact our references. Again, we appreciate the opportunity to present you with our qualifications and can assure you that we will provide the highest quality professional services as required by the City of Santa Ana. Please do not hesitate to call if you have any questions. Sincerely, Mestre Greve Associates Fred Greve, P.E. Principal -2- 27812 El Lazo Road • Laguna Niguel, CA 92677 • (949) 349-0671 • Fax (949) 349-0679 MESTRE GREVE ASSOCIATES FIRM PROFILE Mestre Greve Associates, located at 27812 El Lazo Road, Laguna Niguel, California, is a professional engineering firm specializing in noise control, air resources engineering, and airport studies. First established in 1978, and incorporated in 1981, the company has been successfully operating for over twenty-five years. There are currently twelve employees on staff at this location. In addition to the two Principals, who are Registered Professional Engineers, the firm employs two Associates, one of whom is also a Registered Professional Engineer, two Staff Engineers, three Technicians, one GIS specialist, and two administrative and clerical staff members. Mestre Greve Associates provides a unique combination of professional consulting services and engineering support. The Noise Control Engineering services provided by Mestre Greve Associates may be divided into the following categories: (1) community noise studies, (2) industrial noise assessment and control, and (3) vibration and dynamic analysis. All noise control studies involve analyzing or projecting the noise levels generated by a source, determining the level of reduction desired, and finally engineering a solution to achieve the criterion levels. Clients in both the private and public sector have used our Noise Control Engineering Services. Noise monitoring equipment maintained by the firm includes state-of- the-art automated digital test equipment and certified calibration equipment. Our extensive inventory of noise monitoring equipment provides a thorough evaluation of noise impacts for our clients in both community and industrial settings. J_ The Air Resources Engineering services provided by Mestre Greve Associates may be divided into the following categories: (1) highway air quality studies, (2) airport air quality studies, (3) air quality and land use integration studies, (4) new source evaluations, and (5) toxic dispersion and monitoring assessments. The firm possesses strong capabilities to assess source generation and characterization, dispersion of emissions away from the source, and the resulting concentrations and impacts. Mitigation options are then analyzed and solutions developed. This may also involve assessing how a project integrates on a regional scale with regional air planning efforts, transportation system goals, and how the project can be integrated with the surrounding urban form to minimize pollutant emissions. In addition to thousands of local projects, Mestre Greve Associates has successfully completed noise and air quality studies throughout the United States, Canada and the Far East. The experience of the firm is quite varied: Mestre Greve Associates has performed assessments of airport noise, ground transportation system improvements, residential and commercial developments, and the development of General Plan Noise Elements. Air Quality analyses have also been conducted for a wide range of projects, from large planned communities and expressways to small housing tracts. This extensive experience in both noise and air quality areas ensures a high level of expertise will be provided and that appropriate mitigation options will be considered. Our in-house computing capabilities ensure the application of state-of-the-art models, and results in analysis that is reliable, repeatable, and timely. Mestre Greve Associates is proud of its reputation for providing high -quality technical reports, and for completing projects and meeting deadlines on schedule and at the proposed cost. -3- Mestre Greve Associates Organization Chart Fred Greve, P.E., will be the primary point of contact between Mestre Greve Associates and - the City of Santa Ana. He is the person who will conduct any requested presentations to the - City. The firm's availability for projects, if selected as an Environmental Consultant for the City, will be determined on a project -by -project basis, as the City requests specific proposals. It is also important to note that Mestre Greve Associates is able to meet all insurance requirements identified in the Request for Qualifications. Brief resumes for all identified personnel are included in the following pages. C'tiantit• C1002 MESTRGREV ACORDTM CERTIFICATE OF LIABILITY INSURANCE =Do*�� /200,YYY> PRODUCER Dealey, Renton & Associates P. O. Box 10550 A.200$-125 Santa Ana, CA 92711.0550 714 427-6910 THIS CERTIFICATE IS ISSUED AS A 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 # INSURED Mestre Greve Associates 27812 El Lazo Road Laguna Niguel, CA 92677 INSURER A Travelers Property Casualty Co of Am INSURER e. Travelers Indemnity Co. of Connecti'c INSURERC: U.S. Specialty Insurance Company INSURER D: INSURER E: I _f1vr-0Af21^•C 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 OFCNSURANCE POLICY NUMBER POLICY EFFECTIV DATE POLICY EXPIRATION E LIMITS A GENERAL LIABILITY 68048521-388 09/20107 09120MB EACH OCCURRENCE $1 000 000 DAMAGE TO RENTED S3000000 X COMMERCIAL GENERAL LIABILITY General Liab. MED EXP (Anyone perw) �s._L.,,_ $5,000 CLAIMS MADE Q OCCUR excludes claims PERSONAL & ADV INJURY $1 000 000 X Contractual Llob. arising out of GENERAL AGGREGATE s2.000.000 the performance GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2 000 000 Of professional POLICY X PRO- LOC services. A AUTOMOBILE LIABILITY ANY AUTO BA5037LS39 09/20/07 09120/08 COMBINED SINGLE LIMIT (Ea accident) $1,000,0W BODILY INJURY (Per Person) $ ALL OWNED AUTOS SCHEDULED AUTOS [XX BODILY INJURY (Per accident) S HIRED AUTOS NON•OWNEDAUTOS PROPERTY DAMAGE (Per acck1w) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S- OTHER THAN EA ACC AUTO ONLY: AGG S ANY AUTO $ A EXCESSAJMBRELLA LIABILITY X1 OCCUR CLAIMS MADE CUP7868Y707 (Not included 09120/07 09120108 EACH OCCURRENCE s3.000.000 AGGREGATE s3,000,000 S Professional S DEDUCTIBLE Liability) S RETENTION 5 B WORKERS COMPENSATION AND XEUS7289Y46907 09/20/07 OW20108 )( WC STA IT O R El, EACH ACCIDENT �0 EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERfEXECUTIVE OFFICEWM£MBER EXCLUDED? E.L. DISEASE • EA EMPLOYEE ,S110001000 $1,000,000 11 SPECfPR� 1 do ONS below E.L. DISEASE •POLICY LIMIT S1,000,000 C OTHER Professional US071170603 10/16/07 10/16/08 $1,000,000 per claim Liability $1,000,000 anni aggr. Claims made DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES ) EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: All Operations as pertains to named Insured. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional insured as respects to General Liability coverage as required by written contract. (See Attached Descriptions) The City of Santa Ana Attn: Tonia Zerba, Senior Accounting Asst. 20 Civic Center Plaza P.O. Box 1988, M-20 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING 1NSURERWILL jiqWWjMXjtMAIL 30DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,j6117(jlAl x rac:vnu [a (�vu7Jua) 1 Of 2 #MZ06632 I tit; v ►it.vnv %,vnrvnn 1var .a00 use ffrilZ000.54 � �r ` WORKERS COMPENSATION G AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) — 001 POLICY NUMBER: (XEUB-7289Y46-9-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 05.00 mium otherwise due on such remuneration. Schedule Person or Organization ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS. % of the California workers' compensation. pre - Job Description DATE OF ISSUE: 09-04-07 ST ASSIGN: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET AD'DITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED (Section 11) is amended to include any person or organization that you agree i in a "contract or agreement 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 the injury or damage arises out of the per- formance, by you or your subcontractor, of "your worts' to which the *contract or agree- ment requiring insurance* applies. Such per- son or organization does not qualify as an additional insured with respect to their irides pendent acts or for "bodily injury", *property damage" or "personal injury" for which that person or orgartization has assumed liability in a contract or agreement. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. b. This insurance does not apply to the tender- ing of or failure to render any "professional servicee. c. The limits of insurance afforded to the addi- tional insured shall be the limb which you agreed to. provide in that "contract or agree- ment requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the UMITS OF INSURANCE (Section 111) for this Coverage Part. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL UABILITY CONDMIONS (Section TV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and nrin-wriltributory basis, this insurance Is primary to orner iti-stTriin—c—ethat is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The *bodily injury" or "property damage for which coverage is sought occurs; and (2) The '*personal Injury* for which coverage is sought arises out of an offense committed; after you have entered into that 'contract or agreement requiring insurance'. But this, insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. 4. The following is added to Paragraph &.Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON. DMONS (Section tV)- We waive any rights of recovery we may have against any Person or organization because of Payments we make for 'bodily injury", "property damage" or 'personal injury' arising out of 'put work' performed by you, or on your behalf, under a "Contract or agreement requiring insurance with that person or organization. We waive these rights only where you have agreed to do so as Part of the *contract or agreement requiring insur- ance with such person or organization entered into by You before, and in effect Mien, the "bodily Injury" or "Property damage' occurs, or the "per- sonal injury* offense is committed. 5. As respect the insurance provided to the addi- tional insured by this endorsement, the following definition is added to DEFINITIONS (Section V): CG 03 81 09 06 02006. The Zt. Paul Travelers Insurance Companies. Inc. Page I of 2 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. %contract or agreement requiring insurance. a. After you have entered into that -contract or means that part Of any contract or agreement un- agreement der which you are required to include a person or b. While that part of the contract or agreement is organization as an additional insured' on this Cov- in effect; and erage Part, provided that the 'bodily injury' and 'property damage' ocmiri, and the "personal'in- c. Before the end of the policy period, jury"' is caused by an offense committed: All other terms of your Policy remain the same, Pane 2 of 2 0 2006, The St Paul Travelers Insurance Companies, Inc, CG D3 8109 06 Includes copyrighted material of Insurance Services Office, Inc.. with its permission, a+uvnar. owe MESTRGREV r,.' A�CORDTM CERTIFICATE OF LIABILITY INSURANCE 10;15;08°" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates 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 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 714 427-6810 INSURED Mestre Greve Associates 27812 El Lazo Road Laguna Niguel, CA 92677 INSURERS AFFORDING COVERAGE INSURER A: Travelers Property Casualty Co of Am NAIC # 25674 INSURER B: Travelers Indemnity Co. of Connectic 25682 INSURER C: U.S. Specialty Insurance Company INSURER D: 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. _SR IN DD' LTR NSR1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE fMMIDDIYYI POLICY EXPIRATION DATE (MM/DDIYY) 09/20/09 LIMITS A GENERAL LIABILITY X COMMERCIAI. GENERAL LIABILITY CLAIMS MADE 51 OCCUR X Contractual Liab. 6804852L388 General Liab. excludes claims arising out of the performance of professional services. 09/20/08 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTEDIRE 1 $1.000.000 MED EXP (Any one person) $10 000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS - COMP/OP AGG $2 000 000 B AUTOMOBILE LIABILITY ANY AUTO BA50371_539 09/20/08 09/20/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS X NON -OWNED AUTOS �„/b (/ y BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ A EXCESS/UMBRELLA LIABILITY X I OCCUR CLAIMS MADE CUP7868Y707 Does not include 09/20/08 09/20/09 OTHER THAN EA ACC AUTO ONLY: AGG EACH OCCURRENCE $ $ s3,000,000 AGGREGATE s3,000,000 DEDUCTIBLE Professional $ RETENTION $ Liability_ B WORKERS COMPENSATION AND UB7239Y469 09/20i08 09/20/09 X WCSTATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $1,000,000 SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional US081170604 10/16/08 10/16/09 $1,000,000 per claim Liability Claims made $1,000,000 annl aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: All Operations as pertains to named insured. The City of Santa Ana, its officers, employees, agents, volunteers and representatives are Additional Insured as respects to General Liability coverage as required by written contract. (See Attached Descriptions) CERTIFICATE Hot nFR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION The City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ROWDO]txgt MAIL 30 DAYS WRITTEN Attn: Tonia Zerba, Senior Accounting Asst. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,(Rjtg( K 20 Civic Center Plaza fajaoRrtMst�ferana�tnstptr�xx�amxmcxxxxxttnaxyttxtRt�oa�ancxx P.O. Box 1988, M-20 x>�xo�otxxac Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) ,t _f -i u■.�..a�.. THC 0 ACORD CORPORATION 1988 COMMERICAL GENERAL LIABILITY oo372e THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section Il): Any person or organization that you agree in a B. "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DiTIONS (Section IV) We waive any rights of recovery we may have against any person or organization because of Payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers companies, Inc. includes the copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) -001 POLICY NUMBER: UB7289Y469 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT .CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT PROVIDED YOU EXECUTED THE CONTRACT BEFORE THE LOSS.