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HomeMy WebLinkAboutC24960 Citywide Tree Pruning Program 932-06CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract No. C24960 to Tree Rite for the Citywide Tree Pruning Program (Project No. 932-06) SUBMITTED BY: H. Spencer Knight, Landscape Manager CONTRACTOR: Tree Rite 78-755 Darby Road Bermuda Dunes, CA 92201 DATE: April 13, 2006 CONTENTS: Agreement Proposal Recommendation: By minute motion, award Contract No. C24960 to Tree Rite of Bermuda Dunes, California for the Citywide Tree Pruning Program in the amount of $151,635.37; authorize a 10% contingency in the amount of $15,163.54, and authorize the Mayor to execute the agreement. Discussion: This year's Citywide Tree Pruning Program includes both City of Palm Desert and Housing Authority properties. The subject program was advertised in the local media; sealed bids were requested. On March 24, 2006 at 2:00 p.m., the sealed bids were opened and read aloud, with the following bids received: Tree Rite (Bermuda Dunes, CA.) $151,635.37 George Salinas Preservation (Yorba Linda, CA) $158,055.00 West Coast Arborists (Anaheim, CA) Non -responsive The Affidavit of Non -Collusion form in the bid documents submitted by West Coast Arborists was not notarized as required. Therefore, their bid was considered non- Award Contract No. C 24960 to Tree Rite Page 2of2 April 13, 2006 responsive by staff. Tree Rite has worked previously for the City of Palm Desert and has executed the work in a timely and professional manner. Funds are available for this work in accounts 110-4610-453-3321, 110-4611-453-3320, 110-4611-453-3370, 110- 4611-453-3371, respective Assessment District Fund 200 accounts and respective Housing Authority 2005/2006 facility budgets. Therefore, staff recommends that City Council, by minute motion, award the subject contract to Tree Rite of Bermuda Dunes, California in the amount of $151,635.37; authorize a 10% contingency in the amount of $15,163.54 and authorize the Mayor to execute the agreement. Submitted By: Department Head: H. Spencer Knight Mark Greenwood, P.E. Landscape Manager Director of Public Works Approval: Homer Croy Paul Gibson ACM for Development Services Finance Director Carlos Ortega City Manager /dhl \\'::\genda Items 2006-.\pr 13 .\ward contract citywide tree pruning 932-xx :\ ward Tree Pruning Contract Tree Rite.doL AGREEMENT THIS AGREEMENT is made and entered into this 13th day of April 2006, by and between the City of Palm Desert, California, hereafter called "OWNER", and Tree Rite, hereinafter called "Contractor." WITNESSETH RECITALS: 1. Contractor has submitted to OWNER its Contractor's Proposal for the construction of OWNER'S Project, CITYWIDE TREE PRUNING Program — Project No.932-06, in strict accordance with the Contract Documents identified below and OWNER has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The General Conditions; (f) The Special Provisions; (g) The Standard Specifications as modified in other portions of the Contract Documents; (h) Addenda Nos.-0- (i) The Determination of Prevailing Wage Rates for Public Work; (j) Any Change Orders issued; (k) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. I in accordance with the Contract Documents and will complete said work within forty-five (45) calendar days from the date Notice to Proceed is issued, to the satisfaction of the Director of Public Works. 3. That the Contractor agrees to indemnify, defend, and hold harmless the OWNER, its officers, agents and employees, and the Engineer, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. 4. Attention is directed to the "Specific Terms and Conditions" section under "Liquidated Damages" and is hereby amended to the substitute the City of Palm Desert in place of the State of California. Liquidated damages shall be $250 dollars per calendar day of delay. 5. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the OWNER or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by OWNER, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. 8. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes CONTRACTOR'S certification that he is aware of the provisions of said Code and will comply with them; and further constitutes CONTRACTOR'S certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. " THIS AREA IS INTENTIONALLY LEFT BLANK SIGNATURES ON FOLLOWING PAGE IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: By: Attest By: Signature to be notarized Title: Title: OWNER: By: Title: Mayor of Palm Desert, CA APPROVED AS TO CONTENT: Attest By: Title: City Clerk of Palm Desert MARK GREENWOOD, P.E., DAVID J. ERWIN, DIRECTOR OF PUBLIC WORKS CITY ATTORNEY CONTRACTOR'S PROPOSAL CITY OF PALM DESERT SUBMISSION FORM CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-06 CONTRACT NO. C24960 TO: CITY CLERK CITY OF PALM DESERT 73-510 FRED WARING DRIVE PALM DESERT, CA 92260 The undersigned declares that they have carefully examined the Specifications accompanying the Invitation to Bid and is thoroughly familiar with the contents thereof, is authorized to represent the bidding firm and propose services to Palm Desert. It is understood that the price shown hereon includes all phases and types of tree work described in the specifications. The unit cost for all tree pruning work and for tree and stump removal shall be indicated. THIS AREA LEFT INTENTIONALLY BLANK 7 CONTRACTOR'S PROPOSAL (CONTINUED) QUANTITY UNIT COST TOTAL COST $ 0:v36-12 TOTAL FOR ALL TREE PRUNING 1608 $ 7� !oL( b $ 634- 6'3r� TOTAL FOR TREE REMOVALS AND STUMP GRINDING 75 $ 6 7 3 i v, GRAND TOTAL 1683 �? $ AJ $\51)63s y tree. COMPANY CS- ba/ Rd ADDRESS (-7 60) -7-7 367 6 Re\-n. - c9c,, qaao r (76o) 7-7,-- - 77 y TELEPHONE FAX 20_ C'r--i" M - bow n2, n: 41 c P BID PR ARED BY TITLE ;-17-0 SIGNATURE DATE 8 INFORMATION REQUIRED OF BIDDER (NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN FULL. ALL APPLICABLE ITEMS MUST BE FILLED OUT) The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address -1 5 S sbcr-Ly -gecvvIkot.c. -1>L4wES `ClA �r�a.cd ( (2) Telephone No. (7o) 7 7� -/ 3 6 7 (3) Type of Firm (Individual, Partnership or Corporation) Coc rorck-+' o N (4) Corporation organized under the laws of the State of (c + r0 (5) Contractor's License No. 9 "% Exp. Date 6- 3 0 " d 6 Contractor hereby swears under penalty of perjury that this information provided is true and'aorrect. By: Title: /2l6Ncc/e Signature Contractor (6) List the names and addresses of all owners of the firm or names and titles of all /ofl•icers of the corporation: (� N rJ i547170�f/NI �c„aNVI e Yot(p) y J - !�/3fI C /IrLi.? Sf 'ir.iJlJo c/r /240 ( bc• t` t Yb ‘t �N � 6-re J l-r ffer< 7�-75C D�rbr ?d 3er��4 o�stSic (7) Number of years experience as a Tree Pruning Contractor�E5 (8) I.S.A. Certified Arborist Number (6gA Exp. Date 1 ,2-3f-o6 9 (9) List at least three similar projects completed recently: Contract Class of Date Name, Address & Telephone Amount Work Completed Number of Owner gg 1. $ 154 O?{`uN;^i( ,4'Ww11 7/os C.; i Of ialv ' 1� PSert J-2 3- . to er-ed C.")-; , N ra Imo- beSer+' cA 57till- 06/( 2. $ ��� o t�rur�„✓G, I ��li S �;� orn/ Goi c C It, L3 J too k_,,JC. RL-. O-eSey-+ c-4 -7-16--71;16 3. $ 106+o.-C ru,s,r.ic1 la -OS �'Se-f -;z- -.)5 Ho4 ?0130,t 0.12o 3yo-SSo/ (10) List the names and addresses of each subcontractor who will perform work in or about the work improvement, and indicate what portion of the work will be done by each subcontractor: Subcontractor's Name: License Number: Address: Telephone: Work to be performed: Subcontractor's Name: License Number: Address: Telephone: Work to be performed: 10 Subcontractor's Name: License Number: Address: Telephone: Work to be performed: (11) List the name of the person who inspected the site of the proposed work for your firm 2ober-1-Iv`. ,..)ewN;NC\ (12) A financial statement or other infomiation and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the OWNER. in/ ; {1 he v ra{ eat Kr' o I-e es74- 11 AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR CITYWIDE TREE PRUNING PROGRAM PROJECT NO. 932-06 CONTRACT NO. C24960 STATE OF CALIFORNIA) )SS COUNTY OF RIVERSIDE) ec-`i" M. ��",,.,>,�, being first duly sworn, deposes and says: that he is PAGNaq Pr of (insert "Sole OWNER", "Partner", or other proper title) (insert name of bidder or other proper title) who submits herewith to the City of Palm Desert, a Proposal; That all statements of fact in such Proposal are true; That such Proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association or corporation; That such Proposal is genuine and not collusive or sham; That such bidder has not, directly or indirectly, by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Palm Desert, or of any other bidder of anyone else interested in the proposed contracts; and further, That prior to the public opening and reading of Proposal, said bidder: (a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham Proposal. (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham Proposal, or that anyone should refrain from bidding or withdraw their Proposal. (c) Did not, in any manner, directly or indirectly, seek by agreements, communications, or conference with anyone to raise or fix any overhead, profit, or cost element of this Proposal price, or that of anyone else. (d) Did not, directly or indirectly, submit their Proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof f or to any individual or group of individuals, except to the City of Palm Desert or to any person or persons who have a partnership of other financial interest with said bidder in his business. 12 hereof by its terms. -- Subscribed and sworn to before me this 7 . day of 611,, : t By: ;_ �� -�-_ Title: (e) That no councilperson, officer, agent or employee of the City of Palm Desert, is personally interested, directly or indirectly, in this contract, or the compensation, oral or in writing, of the City Council its officers, agents or employees, has induced them to enter into this Contract, excepting only those contained in this fo'_91 ntract and the papers made a part 'Notary Public in and for said County and State DAVID C. WELIY comm. #1542837 NOTARY Pua is • CALIFORNA RIVERSIDE COUNTY Camiissicn E fls Ml ri2000 13 AGREEMENT THIS AGREEMENT is made and entered into this day of /ltca r C t. 20 o 6 , by and between the City of Palm Desert, Califomia, hereafter called "OWNER", and Tr-e Z; i-c.- hereinafter called "Contractor". WITNESSETH RECITALS: 1. Contractor has submitted to OWNER its Contractor's Proposal for the construction of OWNER'S Project, CITYWIDE TREE PRUNING Program - Project No. 932-06, in strict accordance with the Contract Documents identified below and OWNER has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal and found it to be correct, has ascertained that its subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Proposal to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement; (b) The Notice Inviting Bids; (c) The Instruction to Bidders; (d) The Contractor's Proposal; (e) The General Conditions; (f) The Special Provisions; (g) The Standard Specifications as modified in other portions of the Contract Documents; (h) Addenda Nos. ; (i) The Determination of Prevailing Wage Rates for Public Work; (j) Any Change Orders issued; (k) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. I in accordance with the Contract Documents and will complete said work within forty-five (45) calendar days from the date Notice to Proceed is issued, to the satisfaction of the Director of Public Works. 14 3. That the Contractor agrees to indemnify, defend, and hold harmless the OWNER, its officers, agents and employees, and the Engineer, from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement. 4. Attention is directed to the "Specific Terms and Conditions" section under "Liquidated Damages" and is hereby amended to the substitute the City of Palm Desert in place of the State of California. Liquidated damages shall be $250 dollars per calendar day of delay. 5. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the OWNER or the Contractor, should be entitled to a reasonable sum for attomey's fees incurred in any such litigation relating to this Contract. 6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 7. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Proposal as accepted by OWNER, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. 8. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes CONTRACTOR'S certification that he is aware of the provisions of said Code and will comply with them; and further constitutes CONTRACTOR'S certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract. " THIS AREA IS INTENTIONALLY LEFT BLANK SIGNATURES ON FOLLOWING PAGE 15 IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTR By: OR: Signature to be notarized Title: Aicieou y-er OWNER: By: Title: Manor of Palm Desert, Califomia APPROVED AS TO CONTENT: Attest By: Title: Attest By: Title: City Clerk of Palm Desert MARK GREENWOOD, P.E., DAVID J. ERWIN, DIRECTOR OF PUBLIC WORKS CITY ATTORNEY I 16 ACKNOWLEDGMENT State of California County of •••'+ . On --before me, . -I =-r (here insert name and title of the officer) personally appeared ' lf„ •-.' -A (V\ r I, :r', i-�: _ - ' =57- , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) -whose name(s) is/pre-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iis, and that by his/her/their signature(sfon the instrument the person(s)r or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. Signature _ DAVIO C. YYELTY C•OMM. *1542637 NOTARY PLIBUC • CALIFORNIA RIVERSIDE COUNTY (Seal) ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID LS STEV-15 PRODUCER Acordia of California (enc) Ins Services', Inc. Lic#0352275 - 03 Ventura Blvd., 7th Floor :rman Oaks CA 91403-3197 Phone:818-464-9300 Fax:818-464-9398 DATE (MMIDOIYYYYI 03/03/06 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 Vintage Associates, Inc., dba: Vintage Landscape, Vintage Nursery, Turfscapes TreeRite Schmidt Services & Lventscape Diane Mathias 78-755 Darby Road Bermuda Dunes CA 92201 INSURER A: Transportation Insurance Co INSURER B: Travelers Insurance INSURER C: American Casualty Insurance INSURER D: INSURER E COVERAGES THE ANY MAY POLICIES. TNSRADIP[T LTR POLICIES REQUIREMENT. PERTAIN, INSR1I OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ---PoT TYPE OF INSURANCE YEFFECTIVE' POLICY NUMBER DATE IMMIDO/YYI 0t1CYEX�FATION DATE (MM/DD/YYJ LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY TCPP2076654951 03/01/06 03/01/07 EACH OCCURRENCE $ 1 , 000 , 000 UAMAGt I U RkN l tU PREMISES(Eaoocurance) $ 300, 000 I CLAIMS MADE l OCCUR MED EXP (Any one person) $ 5 , 000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2 , OOO , OOO POLICY� PRO- 1 1_JECT �� LOC Emp Ben. 1,000,000 A L1A8IUTY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BUA2076654865 03/01/06 03/01/07 COMBAUTOMOBILE (Eaoccj cnt}fNGLEUMIT $1,000,000 X �_ _ BODILY INJURY (Per person) $ LX BODILY INJURY (Per occident) X PROPERTY DAMAGE (Pei accident} GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ fj OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS/UMBRELLA LIABILITY C2075940118 03/01/06 03/01/07 EACH OCCURRENCE $ 5 , 000 , 000 X occUR (JCLAtMSMADE DEDUCTIBLE RETENTION $10,000 AGGREGATE $ 5,000,000 $ X $ s B WORKERS COMPENSATION AND EMPLOYERS LWBILRY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECW PROVISIONS below TC2J-UB 419J525305 05/01/05 05/01/06 X 4TORY LIMBS ' DER E.LEACHACCIDENT $ 1 000 000 r E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Palm Desert, its Officers, Agents and Employees are Named as Additional Insured for General Liability per form G-17957-G99 attached. *10 Day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION CITYOF2 City of Palm Desert 73-510 Fred Waring Drive Palm Desert CA 92260 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATII DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO-MASL * 30 DAYS WRITTET NOTICE TO THE CERTIFICATE HOLDER NAMED TO IMPOSE NO OBLIGATION OR LIA81L REPRESENTATIVES. AUTHORIZED REPRE ATNE E LEFT, BUT FAILURE TO DO SO SHAL s ► , , . . -U' R, ITS AGENTS OR .411441141, • ACORD 25 (2001/08) ©ACORD CORPORATION 19 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 The Certificate of Insurance on 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 affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 4002089608240030062304882408 511 CNA For AM the Commitrn nts You Make' G-17957-G99 (Ed. 1oro1) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS -COMPLETED OPERATIONS HAZARD." SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence and specifically resulting from 'your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is Tess. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or written agreement. When coverage does apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" such coverage will not apply beyond: a. The period of timer uired by the written contract or written agreement; or b. 5 years from the completion of 'your work" on the project which is the subject of the written contract or written agreement, whichever is less. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property G-17957-G99 Page 1 of 2 (Fri 1 n/C111 G-17957-G99 (Ed, 10/01) damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional 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 b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to us for a loss we cover under this Coverage Part; (3) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (4) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.6. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit." 1f no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. G-17957-G99 (Ed. 10/01) Page 2 of 2