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HomeMy WebLinkAboutSeaside Heating and Air Conditioning Inc; 2017-09-21; PWM18-47GSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2018-0287859 111111111111 lllll 111111111111111 lllll 111111111111111111111111111111111 Jul 16, 2018 12:03 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0.00) PAGES: 2 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 209-050-19-00 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are Carlsbad Municipal Water District (CMWD), a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on November 27, 2017 6. The name of the contractor for such work or improvement is Seaside Heating & Air Conditioning, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project Name: CMWD AC #4 Replacement, Agreement No. PWM18-47GS. 8. The street address of said property is 5950 El Camino Real, in the City of Carlsbad. VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the Executive Manager of said City on ~~,3 , 20_12, accepted the above described work as completed and ordered that a Notice of pletion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on.:}1~ ,5 , 20)2, at Carlsbad, California. c;rD · ~Ji4Y)u u»C11l7lluw_,) LBARBARA ENGLESON tr City Clerk F.INOC'c\NOC -CMWD AC-4 Replacement (Seas1de)\NOC -CMWD AC-4 Replacement (Seaside) 6-28-18 doc CARLSBAD MUNICIPAL WATER DISTRICT ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS Seaside Heating & Air Conditioning, Inc. has completed the contract work required for PWM18- 47GS: CMWD AC#4 Replacement. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS (Specify if City or CMWD) Removal and replacement of AC #4. VALUE $10,770.00 CERTIFICATION OF COMPLETION OF IMPROVEMENTS r I EngiAeering Manager ' i~'-/ Date EXECUTIVE MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. Secretary to the Board of Directors is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. District is hereby directed to commence maintaining the above Date ' APPROVED AS TO FORM: CELIA BREWER, City Attorney By: ~ Deputy City Attorney F:INOC'c\NOC · CMWD AC-4 Replacement (Seaside)IAPl -CMWD AC-4 Replacement (Seaside) 6-28-18.doc CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT CMWD AC #4 REPLACEMENT; CONT. NO. 0 PWM18-47GS This agreement is made on the d / 2>./--day of ~ , 2017, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Seaside Heating & Air Conditioning, Inc., a California corporation whose principal place of business is 1359 Rocky Point Dr., Oceanside, CA 92056 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Brian Bacardi (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. CMWD AC #4 REPLACEMENT CONT. NO. 4723 Page 1 of 6 City Attorney Approved 9/27/16 PWM18-47GS FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: Print Name: REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. CMWD AC #4 REPLACEMENT CONT. NO. 4723 Page 2 of 6 City Attorney Approved 9/27 /16 PWM18-47GS INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within fifteen (15) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Ill Ill II I II I Ill Ill Ill SEASIDE HEATING & AIR CONDITIONING INC., a California corporation (name of Contractor) 790514 (Contractor's license number) C-4, C-20, C-38 3/1 /18 (license class. and exp. date) 1000005586 (DIR registration number) 6/30/18 (DIR registration exp. date) CMWD AC #4 REPLACEMENT CONT. NO. 4723 Page 3 of 6 1359 Rocky Point Dr. (street address) Oceanside, CA 92056 (city/state/zip) 760-643-1100 (telephone no.) 760-842-5642 (fax no.) cb@seasidehvac.com (e-mail address) City Attorney Approved 9/27 /16 PWM18-47GS AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR SEASIDE HEATING & AIR CONDITIONINGINC., a California corporation ~·· (print name/title) ' By: (sign here) C' k#t".r I' ... s:: 7$_, I c-r (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Elaine Lukey / Pialrrrcworks Director as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached . .!.f....§. corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: ~ Deputy City Attorney CMWD AC #4 REPLACEMENT CONT. NO. 4723 Page 4 of 6 City Attorney Approved 9/27 /16 PWM18-47GS EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Exoiration Date Contract (? r U. A J IJ.I' ./.,II;;:('.,..,. .L-., / .ll~ an c./V .,~ re:-7 Total % Subcontracted: __ 7~---- The Contractor must perform no less than fifty percent (50%) of the work with its own forces. CMWD AC #4 REPLACEMENT CONT. NO. 4723 Page 5 of 6 City Attorney Approved 9/27 /16 PWM18-47GS EXHIBIT B CMWD AC #4 Replacement Contractor to provide all equipment, materials and labor necessary to remove and replace existing AC unit #4 at Carlsbad Municipal Water District located at 5950 El Camino Real, Carlsbad, CA 92008. 1 ea. Carrier M#50CQA06A2A5-0A0A0 1 ea. T24 Low Leak Economizer M#ECD-SRT12CA-D2DH 1 ea. Adaptor Curb M#CFCTB010 JOB QUOTATION ITEM UNIT QTY DESCRIPTION NO. 1 LS 1 New Title 24 compliant unit with coastal corrosion coil coating. Scope of work includes Carrier M#50CQA06A2A5-0A0A0, T24 Low Leak Economizer M#ECD-SRT12CA-D2DH, , disposal, crane, labor and tax. TOTAL* *Includes taxes, fees, expenses and all other costs. PRICE $10,770 $10,770 CMWD AC #4 REPLACEMENT CONT. NO. 4723 Page 6 of 6 City Attorney Approved 9/27 /16 A..._C<!,!lD® CERTIFICATE OF LIABILITY INSURANCE I DA TE {M M/DDIYYYY) 3/9/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAllON ONLY AND CONFERS NO RIGtffS UPON THE CERTIFICATE f:iOLDER. THIS CERTll'ICATE 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 Rl::PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONALINSURED,the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditiorts of the p.olicy, certain policies may require an endorse·ment. A statement on this certificate does not confer rights to the tertlflcate holder in lleu of such endorsement(s). PRODUCER NAME~.... K" °' •lee Crowe Wood Gutmann & Bogart Insurance Brokers iA.~g~o exil:714-824-8357 I FAX (A/C Nol:714-573-1770 License #0679263 · f~if~ss:karleelrtl"'"'bih.com 15901 Red Hill Ave., Suite 100 Tustin CA 92780 INSURER{SJAFFORDINGCOVERAGE NAIC# INSURER A :American Fire and Casualfv Co 24066 INSURED SEASl-1 INSURER B :I nsu ranee Comoanv of the West 27847 Seaside Heating & Air Conditioning, Inc. 1NsuRERc :West American Insurance Co 44393 1359 Rocky Point Dr. INSURER D: Oceanside CA 92056-5864 INSURERE: INSURERF: COVERAGES CERTIFICATE NUM8ER: 478777728 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 REQU.IREMENT, 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 TYPE OF INSURANCE ,,wu~ ,~ug~ rrrBM5Yv~1 -P:OLICY EXP LIMITS LTR INSR WVD POLICY NUMBER IMM/00/YYYYl C GENERAL LIABILITY BKW1766131684 9/18/2016 9/18/2017 EACH OCCURRENCE $1,000,000 1--UAMAG!:: TO KtcN I t:;l) X COMMERCIAL GENERAL LIABILITY PREMISES /Ea occurrence l $100,000 1--o-CLAIMS-MADE ~ OCCUR 1--MED EXP (Any one person) $5,000 PERSONAL & NJV INJJRY $1,000,000 ~ GENERAL AGGREGATE $2,000,000 ~ GEN'_L AGGREGATE LIMIT APPLIES PER PRODUCTS -COMP/OP AGG $2,000,000 n nPRO-n $ POLICY JECT -LOC A AUTOMOBILE LIABILITY BAA1756131684 9/18/2016 9/18/2017 ...,,. ,,._,,1-L-LIJVI $1,000,000 (Ea acoid entl ~ X ANY AUTO _BODILY INJJRY (Per per,;on) $ 1--ALL O'M'JED ~•. SCHEDULED AUTOS AUTOS BODILY INJJRY (Per accident) $ ~ >----NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per acddentl $ >----X Comp $500Ded X C_oll $500Ded $ A UMBRELLA LIAB H OCCUR ESA1756.131684 9/18/2016 9/18/2017 EACH OCCURRENCE $1,000,000 -X EXCESSLIAB CLAIMS-MADE AGGREGATE $ DEo Ix I RETENT10N$NIL $ B WORKERS COMPENSATION WSD502592003 3/1/2017 3/1/2018 X I T~ntJNs I IOTH-AND EMPLOYERS" LIABILITY ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A EL. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L DISEASE-EAEMPLOYEE $1,000,000 grst~rp"fit~ 'g'~'gPERATIONS below EL DISEASE-POLICY LIMIT $1,000,000 , DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES {Attach ACORD 101, Additional Remarks Schedule, if more space Is required) City of Carlsbad, its officers, officials, employees, agents and volunteers are named as additional insured on the General Liability per attached CG 20 10 04 13 and CG 20 37 04 13 as required by written contract subject to the terms and conditions of the policy_ CERTIFICATI: HOLDER I City of Carlsbad Attn: Contract Administration 1635 Faraday Avenue Carlsbad CA 92008 ACORD 25 (2010/05) CANCELLATION SHOULD ANY OF THE ABOVE DE;°SC~IBED PO.LICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE POLIC~ NUMBER: BKW1756131684 / COMMERCIAL GENERAL LIABlllTY CG 2il37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED .. OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies Insurance provided under the fotlowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization{st Blanket Additional Insured agreed 1359 ROCKY POINT DR OCEANSIDE, CA 92056 Location And Description Of Completed Operations work described in writing in the contract; agreement or petmJt. 1iocation(s) at which you -performed work described in written contract, agreement or perm:it. Information required to complete this Schedule, if not shown above, wHI be shown in the Declarations. A. Section II -Who ls An Insured is amended to include as an additional insured the person(s) or organlza11on{s) shown ln the Schedule, but only with respect to liablllty for llbodily in- jury" or "property damage" caused, in whole or in part, by "your workfl at the location des- ignated and described in the Schedule of this en<:lorsemi;mt performed for that additional insured and included in the "products-com- pleted operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill • Limits Of Insurance: !f coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the addit1onal insure.d Is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Dec- larations. CG2037 0413 ~· Insurance Services Office, Inc,, 2012 Page 1 of 1 POLICY, NUMBER: BKW1756131684 / COMMERCIAL GENERAL LIABILITY CG20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED .. OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizatiori(s): Blanket Additional Insured agreed 1359 ROCKY POINT DR OCEANSIDE, CA 92056 Loeation(s) Of Covered Oeerations Any location(s) when you have agreed in a written contract, agreement or permit that person or organization be added as an additional ins:ured. Information required to complete this Schedule, if not shown above, wrn be shown in the Declarations. A. Section II -V'Jho Is An Insured is amended to include as an additional insured the person(s) or organiza1ion(s) shown in the Schedule, but only with respect to liabiHty for "bodily in- jury", "property damage" or "personal and advertising injury11 caused, in whole or in part, by: 1. Your acts or omissions; or 2. The ac1s or omissions of those acting on your bElhalf; in 1he performance of your ongoing operatons for the additional insured{s) at the location(s) designated above. Howevtir: 1. The insurance afforded to such additional insured only applies to the extent permit- ted by law; and 2. If coverage provided to the additional In- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 8; With respect to the insurance afforded to these additionai insureds, the following addi- tional exclusion,; apply: This insurance does not apply lo "bodily in- jury" or" property damage"· occurring after: 1. All work, including materials, parts or equipm(:lnt furnished in connection with such work, on the project {other than ser- vk:e, maintenance or repairs) to be per- formed by or on behalf of the additional insured{s) at the location of the covered operations has been completed; or 2. That portion of ~your work" out of which the injury m damage arises has been put to its intendti!d use by any person or or- ganizaJion other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 @ Insurance Services Office, Inc., 2012 Page 1 of 2 C. Witl;i respect to the insurance afforded to these addi1ional insureds, the following is added to Section Ill ~ Lirnits Of Insurance: If coverage provided to the additional insured is required by a contract or ·agreement. the most we. will pay on behalf of the additional insured isthe amount of Insurance: 1. Required by the contract or agreement: or 2. Available under the applicable Limits of Insurance shown in the Declarations: whichever is less. This endorsement shall n.ot increase the ap- plicable Limits of Insurance shown in the Dec~ larations. Page2of 2 @ Insurance Services Office, Inc,, 2012 CG20 10 04 13