Loading...
HomeMy WebLinkAboutResolution - 2014-R0139 - Contract - Brandon And Clark Inc.- Minor Electrical Repair Services - 04_10_2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 11823 for minor repair services -Section III Electrical Services per ITB 14-11681-MA, by and between the City of Lubbock and Brandon and Clark, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on April 10, 2014 GLEN OBE SON, MAYOR ATTEST: _ 0-- -, �'- -L� � 1--, Rebe ca Garza, City Secreta APPROVED AS TO CONTENT: Pamela Moon, Executive Director of Finance APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vwxcdocs/RES.Contract-Brandon & Clark March 12, 2014 CONTRACT 11823 CITY OF LUBBOCK, TX Minor Repair Service Contracts THIS CONTRACT made and entered into this day of , 2014, by and between the City Lubbock ("City"), and Brandon and Clark, Inc. , of Lubbock, Texas ("Contractor"). WITNESSETH: WHEREAS, the City of Lubbock duly advertised for bids for Minor Repair Service Contracts and bids were received and duly opened as required by law; and WHEREAS, after careful consideration of the bid submitted by Contractor, the City authorized the execution, in the name of the City of Lubbock a contract with said Contractor covering the purchase and delivery of the said Minor Repair Service Contracts. NOW, THEREFORE, in consideration of the mutual agreement contained herein, as well as the financial consideration hereinafter referred to, the parties hereby covenant and agree as follows: 1. In accordance with City's specifications and Contractor's bid, copies of which are attached hereto and made part hereof, Contractor will deliver to the City, Minor Repair Service Contracts and more specifically referred to as Section III — Electrical Services on the Bid Form submitted by the Contractor and General Requirements attached hereto. 2. The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached general requirements, offer, and terms and conditions contained herein. 3. The Contractor shall perform the work according to the procedures outlined in the Bid Form and General Requirments attached hereto. The contract shall be for a term of one year with the option of four, one year extensions, said date of term beginning upon formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) for the contract for the previous 12- months. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. 4. This contract shall remain in effect until the expiration date, performance of services ordered, or termination of by either party with a thirty (30) day written notice. Such written notice must state the reason for cancellation. The City of Lubbock reserves the right to award the canceled contract to the next lowest and best bidder as it deems to be in the best interest of the city. 5. Contractor shall at all times be an independent contractor and not an agent or representative of the City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of City. 6. The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Texas. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: TYPE AMOUNT $1,000,000 General Liability Commercial General Liability General Aggregate Products — Comp/OP AGG Personal & Adv. Injury Automotive Liability $1,000,000 Combined Single Limit Any Auto Workers Compensation Statutory Amounts The City of Lubbock shall be named as additional insured on a primary and Non -Contributory basis on General Liability, with a waiver of subrogation in favor of the City of Lubbock on all coverages. All copies of the Certificates of Insurance shall reference the project name or bid number for which the insurance is being supplied. Copies of all endorsements are required. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. The certificate will provide 30 days notice of cancellation, and under the cancellation section, the wording "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" will be crossed out. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The contractor shall also maintain workers compensation insurance in the statutory amount. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. 7. Neither the City nor the Contractor shall assign, transfer or encumber any rights, duties or interests accruing from this Contract without the written consent of the other. 8. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. 9. At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 10. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. 11. This Contract consists of the following documents set forth herein; Invitation to Bid No. 14- 11681-MA, Bid Form and General Requirements. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate. CITY OF LU OC Gle obertson, Mayor ATTEST: cca Garza, City Secret ry APPR VED AS TO CONTENT: WA - A&I Marta Alvarez, irector of Purchasing & Contract Management APPROVE AST FORM: Assistant City Attorney CONTRACTOR BY F . Authorized Representative Print Name 3 C-2 3 Z, f(,,.s f fc 2 Address City, State, Zip Code ITB 14-11681-MA,Minor Repair Service Contracts Minor Repair Service Contracts City of Lubbock, Texas ITB 14-11681-MA Section III —Electrical Services Item Description Est. Number of Hours Hourly Rate Total Price 1 Licensed Electrician — Regular Hours (8-5) 200 ql. 116 1(D . uo 2 Licensed Electrician — After Hours/Holiday Hours 50 Ce 3 Licensed Electrician — Emergency 50 (Q 4 Apprentice — Regular Hours 50 3.5. SI 11-75% sal 5 Apprentice — After Hours/Holidays Le , l L4 (e, ! 7 6 Apprentice — Emergency 50 le. I I 7 Material/Parts — Percentage of markup on estimated $15,000 parts/material based on actual cost to contractor. 2S' % Markup. If no markup is intended, write the word "None" in the space provided. $15,000 x �„',� % markup equals $15,000 + 3 $-0 S� Grand Total of Section III- Electrical Services (Items 1-7) $ 39101.17 For reimbursement of rental of equipment, prior approval must be authorized by the City Department representative. If applicable: ?_ _ % markup. A copy of e receipt for the rental of the equipment must be attached to the invoice. Will you comply? Yes MNo ❑ Materials are to be quoted on a cost-plus basis; percentage of markup to be based on net cost to Contractor, allowing for full credit for trade and/or cash discounts to the, prior approval must b authorized by City Department representative. Use Attachment A for approval. Will you comply? Yes No ❑ Did you meet the requirement to submit a copy of your state license with your bid? Yes EV No ❑ Do you have a local service shop? Yes I No ❑ Adddress: �i1�7,3 I_ --27 . How long has your company been in this business? jW A 4.r.-�77 How many consecutive years of experience do you have in roviding these servic ? 50 Ne%OS If emergency service is required at night or on weekends, can you respond? Yes No ❑ What is your response time for an emergency? wiflr � A 2 �, o p(3 What is your response time for calls other than emergency? (y d.,,,,5 w V%cg ,A -o ✓AL What is your response time to begin a project after receipt of order? List any additional information to be considered in evaluating your bid. —� ►r Vendor's Signature �• (- & Company's Name i��744111^ Cl -, I 41 Q:Purchase/Bid Docs/ITB 14-11681-MA, Minor Repair Service Contracts City of Lubbock, Texas ITB 14-11681-MA Minor Repair Service Contracts General Requirements Intent - The purpose of this bid is to provide the City of Lubbock with qualified contractors to perform minor repairs for the following services: Roofing, HVAC, Electrical, Plumbing and Fence Repair. The bidder hereby agree to furnish all labor, materials, and supplies and to provide the service in accordance with the bid document. This bid is broken down into four sections: Section I for Roofing Services; Section II for HVAC Services Section III for Electrical; and Section IV for Plumbing Services and Section V for Fence Repair Services. Multiple Award — The City may award up to three vendors (primary, secondary, tertiary), as available, by services. The City will endeavor to utilize vendors in order of award, however, the City may utilize any contract awarded that is in the best interest of the City to do so regardless of reason. Estimates - The City reserves the right to secure pricing prior to commencement of work and solicit competitive bidding, if in the opinion of the City; pricing received is determined to be unreasonable compared to industry standards. Repairs and New Installations Firm Quotes - The City will request price quotes for new installation and repair projects. These quotes shall be firm pricing and are not to exceed the specified amount quoted for any specific project unless the scope of the project changes and the change order(s) are approved in writing by the respective City department. Prior to the City issuing a notice to proceed, Contractor shall provide the City with a written proposal detailing the scope of services and providing the cost for the proposed work. These quotes must utilize the contracted labor rates and contracted materials cost plus markup in order to utilize this contract. The omission, within a bid submittal, of specific reference to any equipment, materials, or labor necessary for performance of contract per specifications, shall not relieve contractor of responsibility for furnishing such equipment, materials or labor. The Contractor shall assign only the necessary personnel to complete the required work. The City Department representative reserves the right to question and audit the number of personnel assigned to a particular job and the number of hours that are being billed. At the time the work order is issued, Contractor must inform the requesting City Department representative of the approximate start -time and estimated job completion time. Contractor must handle any call-backs at no additional charges unless charges are authorized by the requesting City Department representative. Contractor's work must be completed to the satisfaction of the using department. Payment may be withheld until work is done in a satisfactory manner. Tools/Equipment - All tools and equipment necessary to perform contract work shall be provided by the Contractor. Equipment Rental/Lease - No separate charges shall be allowed for rental/lease of equipment unless specifically approved by the City Department representative. Scheduling/Response Time - The Contractor will be required to give free written job estimates for specific projects within one (1) work day upon request. On an emergency basis, the Contractor shall respond within a maximum of two (2) hours to arrange a same -day inspection and provide a written estimate. Upon receipt of the Notice to Proceed, completion of repairs to remedy the emergency situation must be completed within 24-72 hours. The definition of an emergency is as follows: An emergency is a situation or condition that occurred without warning within two (2) weeks, is detrimental to life, health or safety and requires immediate action. Immediate action is defined as 24-72 hours. Contractor must provide a mobile phone, pager, or answering service so that the City has a 24- hour a day access to the Contractor. Permits — All work shall comply with all applicable state and local codes and ordinances, as well as any other authorities that may have lawful jurisdiction pertaining to the work specified. The contractor shall procure all necessary permits or licenses to carry out his work, and shall pay any applicable fees for permits or inspections. There is no charge for City permits for services being performed on City property. Licenses/Certifications — Current State licenses/Certifications must be provided with bid. Similar Experience — Bidder shall demonstrate previous experience in regard to the requirements of this solicitation for a period of no less than (5) years. Term of Contract -The contract shall be for a term of one year with the option of four, one year extensions, said date of term beginning upon formal approval. The rates may be adjusted upward or downward at this time at a percentage not to exceed the effective change in the Consumer Price Index (CPI) for the contract for the previous 12-months. The City does not guarantee any specific amount of compensation, volume, minimum or maximum amount of services under this contract. References - Bidder shall submit with the bid, the name, address, telephone number and point of contact of at least three companies, for which the bidder has provided commercial services within the preceding 12 months. Contact Person - The Contractor shall designate one of its employees to function in the role of primary contact person. The contact person shall be the liaison for the Contractor for the term of the agreement, and shall handle issues, problems, or questions arising from the performance of services. Warranties - All work shall be guaranteed a minimum of thirty (30) days after final acceptance by the department of any of the services, including any and all installations, repairs, additions, components or parts thereof; • The City will use its best efforts to notify the Contractor during the warranty period if any repair or installation is not in good working order; • For new installations, Contractor shall provide full manufactures warranty to the City. • The Contractor shall provide and bear the cost of all labor, material, cost of transportation, and insurance required to meet its obligations under this warranty; • The Contractor shall either repair or replace at the City's sole option any installation, equipment, or component part not in good working order, at no additional cost to the City; City of Lubbock, Texas ITB 14-11681-MA Minor Repair Service Contracts Additional Requirements Labor - Based on contracted hourly rate, time invoiced shall be for actual time worked subject to verification/documentation approved by the City Department. Contractor may not exceed contracted hourly rate. Should after hours/holiday hours be necessary or indicated, it shall be performed only after obtaining specific authorization from the respective City Department. Unauthorized after hours/holiday pay will not be paid. Materials — Materials are to be quoted on a cost-plus basis; percentage of markup to be based on net cost to Contractor, allowing for full credit for trade and/or cash discounts to the City. On any single item in which the cost equals or exceeds $100.00, a copy of the supplier's invoice — which must be dated and marked paid - shall be submitted as an attachment to the Contractor's invoice. All other invoices for less amounts must be retained, by the Contractor, for at least the warranty period, for City inspection upon written request. Copies of invoices for less than $100.00 shall be supplied to the City Department representative when requested for any reason, within ten calendar days of the request. No Additional Charges Allowed - No charges, such as miscellaneous charges, environmental charges,fees, etc. will be paid by the City of if not listed in your bid response. However, charges imposed by the State of Texas or Federal Government after the bid award will be honored. Any additional charges listed in your bid response will be taken in consideration as part of the award evaluation. Travel Time: The City will not compensate the contractor for travel or time between job sites. Disposal of Refuse - Contractor shall clean the site and dispose of all refuse at a Texas Commission on Environmental Quality (TCEQ) approved. A �® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDON 3/26/20113 i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Sanford & Tatum Insurance Agency P.O. BOX 64790 Lubbock TX 79464 CONTACT Dee Bartlett NAME PHONE (806) 792-5564 FAX N (806)792-9344 E-MAIL ADDRE.bartlettd@san£ordtatum.com INSURERS AFFORDING COVERAGE NAIC q INSURERA:The Continental Ins. Co. 35289 INSURED BRANDON & CLARK, INC. 3623 127 LUBBOCK TX 79404 INSURERB;Natl Fire Insur of Hartford 20478 INSURER C:Continental Casualty Company 20443 INSURER D:Trans ortation Insurance Co. 20494 INSURER E : INSURER F; COVERAGES CERTIFICATE NUMBER:13/14 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER MM/DOIYYYY MM`DDfYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR 2068945390 5/4/2013 5/4/2014 DAMAGE TO RENTED PRE.,occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ 2,000,000 POLICY X PRO LOC $ AUTOMOBILE LIABILITY COMBINED SIN LE LIMIT Ea accident) 11000,000 BODILY INJURY (Pe(person) S B IX ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 068945406 5/4/2013 /4/2014 BODILY INJURY(Per accident) $ PROPERTY DAMAGE P ra ciden $ HIRED AUTOS X NON -OWNED AUTOS X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10, 000 , 000 AGGREGATE $ 10,000,000 `. EXCESS LIAR CLAIMS -MADE DED I X I RETENTION$ 10,OOC $ 1 14017253617 5/4/2013 5/4/2014 D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?1�1 (Mandatory In NH) N / A 068945423 5/4/2013 5/4/2014 X WC S7ATU- OH - E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) THE GENERAL LIABILITY & AUTO POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT THAT PROVIDES ADDITIONAL INSURED STATUS ONLY WHEN THERE IS A WRITTEN CONTRACT THAT REQUIRES SUCH STATUS. THE GENERAL LIABILITY, AUTO & WORKERS COMP POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT THAT PROVIDES THIS FEATURE ONLY WHEN THERE IS A WRITTEN CONTRACT THAT REQUIRES IT. THE GENERAL LIABILITY, AUTO F. WORKERS' COMP POLICIES INCLUDE A BLANKET NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS ENDORSEMENT PROVIDING FOR 30 DAYS ADVANCE NOTICE IF THE POLICY IS CANCELED BY THE COMPANY OTHER THAN FOR NONPAYMENT OF PREMIUM, 10 DAYS NOTICE AFTER THE POLICY IS CANCELED FOR NONPAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION bplatt@mylubbock.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF LUBBOCK P.O. BOX 2000 AUTHORIZED REPRESENTATIVE LUBBOCK, TX 79452 Douglas Sanford/DAB ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INSn25 m THn arnpini n.mn n i I— ——oiefer—i m k. of Ar rwn COMMENTS/REMARKS NOTICE IS SENT TO CERTIFICATE HOLDERS WITH MAILING ADDRESSES ON FILE WITH THE AGENT OR THE COMPANY. THE ENDORSEMENT DOES NOT PROVIDE FOR NOTICE OF CANCELLATION IF THE NA114ED INSURED REQUESTS CANCELLATION. I OFREMARK COPYRIGHT 2000, AMS SERVICES INC. I .............. ... ..... POLICY NUMBER INSURED NAME AND ADDRESS f' 7068925390 I3RANDON & CLARK, IPdC. P.O. BOX 3159 3623 I-27 „ LUBBOCK TX 79404 POLICY CHANGES SCHEDULE CG2404 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. CG 24 04 SCHEDULE Name of Person or Organization: Any person or organizat-,.on with whom you have agreed in writing in a contract or agreement to waive any right of recovery against such person or organization, but only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. r� Chaman of the Board F-1 `-- $ifJn;6(y G-56015-B (ED. 11/91) POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: REFER TO SCHEDULE CG2404 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments 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 "products -completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 11 of 1 G-140331-C CNA (Ed, 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location Is within the "coverage terrltory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to include 2. We will not provide the additional insured any as an additional insured: broader coverage or any higher limit of Insurance 1. Any person or organization whom you are than the least that Is: required by "written contract" to add as an a. Required by the "written contract"; additional insured on this Coverage Part; and b. Described In 8.1. above; or 2. The particular person or organization, if any, c. Afforded to you under this policy. scheduled above, B. The insurance provided to the additional insured is 3. This insurance is excess of all other insurance limited as follows: available to the additional insured whether on a primary, excess, contingent or any other basis. 1. The person or organization is an additional But if required by the 'written contract," this insured only with respect to liability for "bodily insurance will be primary and non-contributory injury," "property damage," or "personal and relative to insurance on which the additional advertising injury" caused in whole or in part by: insured is a Named Insured. a. Your acts or omissions; or 4. The insurance provided to the additional Insured b. The acts or omissions of those acting on your does not apply to "bodily injury," "property damage," or "personal and advertising injury behalf arising out of, in the performance of your ongoing operations "written a. The rendering of, or the failure to render, any specified in the contract"; or professional architectural, engineering, or c. "Your work" that is specified in the "written surveying services, Including: contract" but only for "bodily injury' or "property damage" included in the "products- (1) The preparing, approving, or failing toprepare completed operations hazard," and only if: or approve maps, shop drawings, opinions, reports, surveys, field orders, (1) The "written contract* requires you to change orders or drawings and provide the additional insured such specifications; and coverage; and (2) Supervisory, inspection, architectural or (2) This Coverage fart provides such engineering activities; or coverage. G-140331-C IridWes copyrighted matorlal of Insur7ix;e Services Office, Inr,., with its pormisslon Page 1 of 2 (Ed. 10/10) b. Any premises or work for which the additional Insured is specifically listed as an additional insured on another endorsement attachod to this Coverage Part. C. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows; 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit"; and (4) Tender the defense and Indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract' requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. G-140331-C (Ed. 10/10) We have no duty to defend or Indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a- of the Other Insurance Condition Is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by endorsement G-140331-C, or when Paragraph b. below applies. D. Only for the purpose of the insurance provided by this endorsement, SECTION V -- DEFINITIONS is amended to add the following definition: `Written contract" means a wrltten contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage"; or b The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. G-140331-C Includes copyrighted material of Insurance Services Office, Inc., with its permisslon Page 2 of 2 (Ed. 10/10) POLICY NUMBER: COMMERCIAL AUTO CA20180299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: Authorized Representative SCHEDULE Name of Person(e) or Organization(a): TO BE DETERMINED " (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an `Insured" under the Who Is An Insured Provision contained In Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 m 0 0 0 0 POLICY CHANGES CA2048 - DESIGNATED YNSURED This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED BLANKET ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED, BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY. Chairman of the Board f 1�.Jly Secretpry G-56015-B (ED. 11/91) POLICY NUMBER: COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the Inception date of the policy unless another date is Indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT Information required to complete this Schedule, It not shown above, will be shown In the Declarations. J The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown In the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 03 10 Copyright, Insurance Services Office, Inc„ 2009 Page 1 of 1 d 0 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED TO OBTAIN THIS WAIVER OF OUR RIGHT TO RECOVER FROM UNDER A WRITTEN CONTRACT OR AGREEMENT. This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No, Endorsement No. Insured Premium $ Insurance Company WC 00 03 13 (Ed. 4-84) Countersigned by Copyright 1963 National Council on Compensation Insurance.