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HomeMy WebLinkAboutSurfacing Solutions Inc; 2018-11-07; PKRC678Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT FLOOR ENHANCEMENT AND STAIRWAY SURFACING AT PINE AVENUE COMMUNITY CENTER CONT. NO. PKRC678 This agreement is made on the 'Jth day of Qoug..rn t)..g..l\... , 20.l.E., by the City of Carlsbad, California, a municipal corporation, (hereinaer called "City"), and Surfacing Solutions, Inc. whose principal place of business is 27637 Commerce Center Drive, Temecula, CA 92590 (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: Kasia Trojanowska (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. FLOOR REPAIR AND STAIRWAY SURFACING AT PINE AVENUE COMMUNITY CENTER CONT. NO. PKRC678 Page 1 of 6 City Attorney Approved 9/27/2016 Tracking#: 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~_,...,._,, nt by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or om 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 "AX"; 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. FLOOR REPAIR AND STAIRWAY SURFACING AT PINE AVENUE COMMUNITY CENTER CONT. NO. PKRC678 Page 2 of 6 City Attorney Approved 9/27/2016 Tracking#: 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 20 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 45 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. II II II II II II Surfacing Solutions, Inc. (name of Contractor) 555537 (Contractor's license number) C-8, C-61/D06, C-61/D12, 8/31/2020 (license class. and exp. date) 1000008158 (DIR registration number) 6/30/2019 (DIR registration exp. date) FLOOR REPAIR AND STAIRWAY SURFACING AT PINE AVENUE COMMUNITY CENTER CONT. NO. PKRC678 Page 3 of 6 27637 Commerce Center Drive (street address) Temecula, CA 92590 (city/state/zip) 951-699-0035 (telephone no.) 951-587 -3800 (fax no.) shawn@surfacingsolutionsinc.com (e-mail address) City Attorney Approved 9/27/2016 Tracking#: 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 By: V/ By: CITY OF CARLSBAD, a municipal corporation of the State of California By~ CHRIHE Parks & Recreation Director ~ K·~ ~ARBARA ENGLESON ~l_tl_t_~ T_t N_~H~o~D~I s~~0~e ~r:re~-m~· _~V'L./ u-t;ity Clerk (print name/title) -r If required by City, proper notarial acknowledgment of execution by Contractor must be attached. ~ 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 BREWE , Cit~ BY:--"--.:"'--=-=------- Assistant City Attorney FLOOR REPAIR AND STAIRWAY SURFACING AT PINE AVENUE COMMUNITY CENTER CONT. NO. PKRC678 Page 4 of 6 City Attorney Approved 9/27/2016 Tracking#: 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., be Subcontracted No. Classification & Expiration Date N OAJ €3' Total % Subcontracted: _____ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. FLOOR REPAIR AND STAIRWAY SURFACING AT PINE AVENUE COMMUNITY CENTER %of Total Contract CONT. NO. PKRC678 Page 5 of 6 City Attorney Approved 9/27/2016 EXHIBIT B SCOPE OF WORK Tracking#: Surfacing Solutions, Inc. shall provide all materials, equipment and labor to repair flooring and to surface stairway at the Pine Avenue Community Center. All work and goods shall be performed and provided in accordance with the attached proposal. Work includes: • Remove joint filler in polished concrete floor • Cut joints wider and fill in with two-part polyurea in color coordinating filler • Repair spalled joints with tx-3 polyurea repair then re cut for new joint filler and re-polish spots • Apply solid coat Rustoleum Fastkote system with silicon crystal non-skid additive on two sets of stairs and landings • City shall paint face and nose of stairs prior to work • Work includes 1-year warranty from the date of completion. FEE SCHEDULE ITEM TASK DESCRIPTION NO. 1 Remove and Replace Joints 2 Repair Spalls 3 Stairs: Solid Color Rustoleum Fastkote System TOTAL Contract amount shall not exceed $9,159.00 FLOOR REPAIR AND STAIRWAY SURFACING AT PINE AVENUE COMMUNITY CENTER CONT. NO. PKRC678 Page 6 of 6 AMOUNT $1,533.00 $1.108.00 $6,518.00 $9,159.00 City Attorney Approved 9/27/2016 Surfacing Sa/111ians Inc., is a Certified SBE Company 27637 Commerce Center Dr Temecula, CA 92590 Phone: 951-699-0035 Fax: 951-587-3800 www.surfacingsolutionsinc.com CA License # 555537 Bid Proposal and Contract I Bids exoire in 30 davs Prevailing Wage -llliV 3 Bid # 18 06 168 EJ Date: 9/26/2018 I SBE Supplier# 1513 140 Job Name: Pine Ave. Comm. Center Contractor : City of Carlsbad Address: 3209 Harding Street Address: 799 Pine Ave. #200 City of Carlsbad., CA 92008 Phone: 760-434-2974 EMR Rate 1.63-Bond Rate 2.5% Cell Phone: 0 DIR # l 000008158 Fax: 760-434-5088 Addendums Email: barbara.kennedy@carlsbadca.gov RFI's Attention: Barbara kennedy Plans None Specs None Phases/Moves One move Mock Up color options Seo p e of Work Surfacing Solutions, Inc. ("SSI") proposes to furnish all materials, equipment and labor necessary to complete the following work: ,_ We intend to: I. Remove joint filler in Slab on Grade, cut joints wider and fi ll in with two part polyurea in color coordinating filler. 2. Where joints are spalled, fi ll with rx-3 polyurea repair then re cut for new joint filler and re-polish spots. 3. Epoxy on Stairs Rustoleum Fastkote (2) sets of stairs and landings with non slip granules in epoxy All colors to be determined by Barbara Remove and replace joints $ 1,533.00 Repair spalls $ 1,108.00 Stairs: solid color Rustoleum Fastkote sytem $ 6,518.00 Base Bid $9,159.00 Contract Price: For the performance of the Work, the undersigned will pay SSI the sum of price above, subject 10 such additions and deductions as are expressly provided in this Bid Proposal and Contract (''Contract Price"). All sales tax, use taxes and other applicable taxes are included in this Contract Price. Bid price is based on the stated Sq Ft above . ANY REDUCTIO IN ESTlMA TED FOOTAGES MAY RESULT IN U IT PRICE INCREASE. lfjob is cancelled a $1000 mock-up charge will apply and or additional clerical charges for processing .... All monies due from this signed contact arc due within 30 days or completion. Power 208 3/phase, U111t11es of 110 power and water ons1te for cleaning, Lifting of equipment to above ground floors, Floor Exclusions : protecuon, Crack and Spall repair, Ven1cal Surfaces, Stairs, Stair Treads, Stair Landings, Exterior areas, Joint Fill, Cove Base Sltp Co-efficiency tes11ng "SCOF". Moisture Tes1111g of concrete, Removal ofexisung floor coverings, coat111gs, glue, thmset or old patch materials, Epoxy coaungs, unless noted and priced out rn bid above Specific Job Site Conditions: I This proposal is based on a M-F 7am to 3:30pm work schedule. Other works times may constitute a change in quote. Notes: SCHEDULING OF WORK: SSI requires a 3 week lead time for starting new projects. Due to our constant work load we plan and organize jobs 3-4 weeks ahead of scl1edulefor our Labor, to order products, confirm tools required, mobilization and Logistic to make sure your project is a priority to SSJ. So plan accordingly please. Job Scheduling is done through our office with the project PM. Forward all schedule request to Erica@surfacingsolutionsinc.com /11d usions: All material is guaranteed to be as specified. SS!will perform the Work in a good and workmanlike manner and in accordance with the drawings and specifications supplied by the undersigned. Utilities and Water : The undersigned contractor will provide power, sufficient I IO outlets utilizing 20 amp breakers, easy access to water on site for grinding, cleaning and washing floors, waler disposal on site unless waste pan is requested, lifting of equipment to above ground floors, trash disposal on site, safe job site conditions, equipment maneuvering ability and clear access lo all work areas. Fork lift as needed. Acceptance of Bid Proposal and Contract: If this Bid Proposal and Contract meet with your approval, please sign below and initial pages 2 through 4 attached hereto and incorporated herein by reference. When all pages are signed and/or initialed, as applicable, please email,fax or mail to SSl's office (information below). Once this signed Bid Proposal and Contract are received and accepted by an authorized representative ofSSI, SSJ will mail a.fully executed copy to you and your job will be scheduled. No Work will begin until a signed Bid Proposal and Contract are accepted by SSI and any applicable deposit is received by SSJ. ACCEPTED AND AGREED TO: The undersigned understands that this Bid Proposal and Contract include all the information set forth above, as well as the General Terms and Conditions set forth on pages 2 through 4, inclusive, and any attached exhibits, all of which are made a part of this Bid Proposal and Contract as if set forth in full above the undersigned's signature(s). This Bid Proposal and Contract supersede all prior negotiations, proposals and understandings, if any, regarding the Work and constitute the entire understanding of SSI and the undersigned regarding the Work to be performed. Client Signature/ Title Date Point of Contact regarding this bid : Shawn Halverson-CFO -Surfacing Solutions 951-587-9 100 shawn@surfacingsolutionsinc.com Schedul ing, manpower, billing questions please call main office number above. ACORDqj CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYYI ~ 10/2/2018 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 ~i:?cT Jeannie Elias CMR Risk & Insurance Services P.~~N.t c .... (619) 297-3160 I FAX IA/C Nol: (619) 297-3111 License #OE59760 1~D~~ss: jelias@cmrris.com 8880 Rio San Diego Dr #725 INSURERISl AFFORDING COVERAGE NAIC# San Diego CA 92108 INSURER A :Ohio Casual tv Ins Co 24074 INSURED INSURER B :Ohio Security Insurance Comnanv 24082 Surfacing Solutions, Inc. INSURER C :American Fire and Casualty Comoany 24066 27637 Commerce Center Drive INSURER D :Cvoress Insurance ColllDanv 10855 INSURERE: Temecula CA 92590 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1841010254 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. NOTVVITHSTANDING 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 ADDL SUBR ,&SM&~, ,,POLICY EXP LIMITS LTR TYPE OF INSURANCE ···~~ ···-POLICY NUMBER MM/DD/YYYYI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f---~ CLAIMS-MADE W OCCUR DAMAGE TO RENTED A PREMISES /Ea occurrence\ $ 500,000 X PD Deductible: $250 X BK0(19)57924699 4/11/2018 4/11/2019 MED EXP (Any one person) $ 15,000 f--- PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Fl ~ PRO-•LOC PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY IE~~~~~~tl::;INGLE LIMIT $ 1,000,000 f--- X ANY AUTO BODILY INJURY (Per person) $ B f---ALL OV'vNED -SCHEDULED AUTOS AUTOS BAS (19) 57924699 4/11/2018 4/11/2019 BODILY INJURY (Per accident) $ f----NON-OV'vNED PROPERTY DAMAGE HIRED AUTOS AUTOS /Per accident\ $ f---- $ UMBRELLA UAB N OCCUR EACH OCCURRENCE $ 5 000 000 -C X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5 000 000 OED I X I RETENTION $ 0 ESA(19157924699 4/11/2018 4/11/2019 $ WORKERS COMPENSATION XI ~ffruTE I I ~RH-AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE • N/A E.L EACH ACCIDENT $ 1,000 000 OFFICER/MEMBER EXCLUDED? D (Mandatory In NH) SUWC924831 3/1/2018 3/1/2019 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 ~m:~rt-rii~ t?gPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Contract #PKRC678, Pine Avenue Community Center Should any of the above described policies be canceled prior to the expiration date thereof, not will be delivered in accordance with the policy provisions. Additional Insured status in favor of City of Carlsbad is provided per the terms & conditions of forms #CG2010/CG8583 attached. CERTIFICATE HOLDER CA NC ELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carlsbad THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Parks & Recreation Administration ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Jennifer Marinov 799 Pine Ave., #200 AUTHORIZED REPRESENTATIVE Carlsbad, CA 92008 ~.L<u-~ © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 (201401) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BKO(19)57924699 COMMERCIAL GENERAL LIABILITY CG 2010 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 Organization(s) Location(s) Of Covered Operations Blanket Additional Insured Agreed Any Location(s) when you have agreed in written contract, agreement or permit that person or organization be added additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, 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 additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed 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 or damage arises has been put to its intended use by any person or organization 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. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits 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 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 applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 2010 0413 Policy Number: BKO(l9)57924699 COMMERCIAL GENERAL LIABILITY CG 85 83 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS -PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products-completed operations hazard". However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, 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 The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: CG 85 83 0413 a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 C. With respect to the insurance afforded by this endorsement, exclusion I. Damage To Your Work of Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by the following: I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard". D. With respect to the insurance afforded to these additional insureds, the following is added to Section II - Limits 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 is the amount of insurance: 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. With respect to the insurance afforded by this endorsement, Section IV-Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. Paragraph 4. of Section IV -Commercial General Liability Conditions is amended as follows: CG 85 83 0413 a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2