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HomeMy WebLinkAboutThe Tint Company; 2018-01-29; PWL18-87GSPWL18-87GS CITY OF CARLSBAD PUBLIC WORKS LETTER OF AGREEMENT New Village Arts Lobby Window Tinting This letter will serve as an agreement between Energy Control Center of San Diego dba The Tint Company, a California corporation (Contractor) and the City of Carlsbad (City). The Contractor will provide all equipment, material and labor necessary to remove old tint from front lobby windows and doors and install new window tint (Night Vision 35 or similar), per Exhibit "A" and City specifications at the New Village Arts Center located at 2787 State St., Carlsbad, CA 92008, for a sum not to exceed One Thousand Six Hundred Seventy-four Dollars ($1,674). This work is to be completed within twenty-five (25) working days after issuance of a Purchase Order. ADDITIONAL REQUIREMENTS 1. City of Carlsbad Business License 2. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its agents, officers, officials, employees, and volunteers 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 this Contract or work; or from any failure or alleged failure of the contractor to comply with any applicable law, rules or regulations including those relating to safety and health; except for loss or damage which was caused solely by the active negligence of the City; and from any and all claims, loss, damage, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by this Contract, unless the loss or damage was caused solely by the active negligence of the City. The expenses of defense include all costs and expenses, including attorney's fees for litigation, arbitration, or other dispute resolution method. 3. Contractor shall furnish policies of general liability insurance, automobile liability insurance and a combined policy of workers compensation and Employers' Liability in an insurable amount of not less than one million dollars ($1,000,000) each, unless a lower amount is approved by the Risk Manager or the City Manager. Said 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. Insurance is 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. Proof of all such insurance shall be given by filing certificates of insurance with contracting department prior to the signing of the contract by the City. 4. The Contractor shall be aware of and comply with all Federal, State, County and City Statues, Ordinances and Regulations, including Workers Compensation laws (Division 4 California Labor Code) and the "Immigration Reform and Control Act of 1986" (8USC, Sections 1101 through 1525), to include but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Contract. 5. The Contractor may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Gov:?:?t Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. :~ init ,Q:· init 6. The Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor from participating in contract bidding. \~4(___.., init f.r', init 7. 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. New Village Arts Lobby Window Tinting - 1 -City Attorney Approved 2/29/2016 PWL18-87GS 8. 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 the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of 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 the execution of the work covered by this Letter of Agreement. 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. 9. City Contact: Michael O'Brien 760-421-9158 Contractor Contact: Brian Benson 760-390-8115 CONTRACTOR ENERGY CONTROL CENTER OF SAN DIEGO dba THE TINT COMPANY, a California corporation PO Box 2711 Carlsbad, CA 92018 P: 760-390-8115 F: 760-454-1668 brian@tint-company.com By: (sign here) ~G-E=:L--t .tl.Le-,p.. V I Cc. PP-~·.>, Df:=1-JT (print name/title) By: (sign here) i'(c., fl.CL~Cl C..c:un . O{f\n:' ff\1i\(iL1gx~ (print name/title) · CITY OF CARLSBAD, a municipal corporation of the State of California By: Dated: Elaine Lukey / Pu6r orks Director as authorized by the City Manager (Proper notarial acknowledgment of execution by Contractor must be attached. Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. 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: New Village Arts Lobby Window Tinting - 2 -City Attorney Approved 2/29/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif~ni_:i _ ii,, l6e, Pl ) County of_~~-------)~~A£' rJMdl-vt~ On 'c> )M"'lvt(1 ·ytt> before me, ______ -----_-_ v·_ I _______ _ Date , M Here Insert Name an?itle of the Officer \LEB-i,1 .fL. t« personally appeared _ I< v ~·. t.t{) ('..q"kV> lfl1, Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{s) whose name(s) ~/are subscribed to the within instrument and acknowledged to me that l,)e'/stle/they executed the same in ~/t(er/their authorized capacity(ies}, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Sea/ Above ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ [] Corporate Officer -Title(s): ______ _ r~ Partner -L J Limited n General LJ Individual LJ Attorney in Fact [] Trustee D Guardian or Conservator D Other: ______________ _ Signer Is Representing: _________ _ Named Above: ____________ _ Signer's Name: ____________ _ [] Corporate Officer -Title{s): ______ _ LJ Partner -[J Limited lJ General :J Individual ~J Trustee lJ Attorney in Fact ~ Guardian or Conservator ;__J Other: ______________ _ Signer Is Representing: _________ _ /h~~ . ·~ -~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 3IVI Authorized Window Film Dealer Certified Platinum Prestige Dealer Network California Contractor License: 942582 Since 1977 -Celebrating 40 years in the business! 2736 Madison Street Post Office Box 2711 Carlsbad, CA 92018 Office: 888-333-2886 Fax: 760-454-1668 SUBMITTED TO: Citv Of Carlsbad Michael Obrien 2787 State St, Carlsbad, CA 92008 Michael.obrien@carlsbadca.aov PWL 18-87GS Exhibit "A" PROPOSAL Date: 08/26/17 JOB LOCATION AND CONTACT: SAME FURNISH AND INSTALL WINDOW FILM AS FOLLOWS: DESCRIPTION PANELS FILM CHOICE Amount Uooer X-Larae Panels 3 3M NV35 $805.00 Lower X-Larqe Panels 2 3M NV35 $638.00 Front Doors 2 3M NV35 $231.00 I Proposal Accepted: I Date INCLUDED IN THIS PROPOSAL: LABOR, MATERIALS, SALES TAX, AND MANUFACTURERS WARRANTY. (See Sales Representative for details.) brian@tint-company.com ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) '-----'. 01/19/2018 THIS CERTIFICATE JS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Starline Insurance Center P.O.BOX 28869 p.~9NJ0 c • .,. 408-288·5555 II..{';~ Nol: 408-288-6465 E-MAJL San Jose CA 95159 ADDRESS: INSURER{$) AFFORDING COVERAGE NAIC# INSURERA: SCOTTSDALE INSURANCE COMPANY 41297 INSURED ENERGY CONTROL OF SAN DIEGO, INC. INSURER 6: INFINITY SELECT INSURANCE CO. 20260 THE TINT COMPANY INSURER c: State Compensation Insurance Fund 2901 P.O. BOX 2711 INSURER D: CARLSBAD CA 92018 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 20180102130633803 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 v\/HICH 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 ADDL SUBR 1;~hliMi, POLICY EXP LTR ,.,on ""'n POLICY NUMBER IMMIDO/YYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 3,000,000 ~ ~ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PRFMI~"~ I Fa~-· rrencel $ 100,000 A ~ MED EXP {Any one person) $ 5,000 y N CPS2641603 04/03/2017 04/03/2018 PERSONAL & ADV INJURY $ 3,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 ~ POLICY O r;:8-r O LOC PRODUCTS • COMP/OP AGG $ 3,000,000 OTHER Fire Leaal Liabilitv $ AUTOM061LE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 'Ea accident\ - i ANY AUTO BODILY INJURY (Per person) s - B OWNED X SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS -HIRED NON-OWNED N N 504610073670001 09/14/2017 09/14/2018 PROPERTY DAMAGE $ -AUTOS ONLY -AUTOS ONLY /Per acc,dentl $ UMBRELLA LIAS H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION X I ~~~TUTE I I OTH- AND EMPLOYERS' LIABILITY ER Y/N C ANYPROPRIETOR/PARTNERIEXECUTIVE D E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA y 9162124-17 06/28/2017 06/28/2018 ·- (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E. L. DISEASE· POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES {ACORD 101, Additional Remarks Schedule, may be attached If more space is required) CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR 30 DAYS NOTICE OF CANCELLATION, BUT 10 DAYS NOTICE DUE TO NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER CITY OF CARLSBAD/CMWD C/0 EXIGIS INSURANCE COMPLIANCE SERVICES PO BOX 4668 -ECM#35050 New york NY 10163-4668 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. _,, c 88-2015 ACORD CORPORATION'-AII rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD "---. I V STATE COMPENSAI IUN INSURANCE' FUNC HOME OFFICE SAN FRANCISCO ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION 9162124-17 RENEWAL NA PAGE 1 EFFECTIVE JANUARY 17, 2018 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME AND EXPIRING JUNE 21, 2018 AT 12.01 A.M. THE TINT COMPANY PO BOX 2711 CARLSBAD, CA 92018 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF CARLSBAD WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, THE TINT COMPANY IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JANUARY 19, 2018 2570 ~:!,-5{ PRESIDENT AND CEO SCIF FORM 10217 (REV.7·2014) OLD DP 217 )~ SCOTTSDALE INSURANCE COMPANY<[" ENDORSEMENT NO .. ____ _ ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. POLICY NUMBER CPS2641603 04/03/2017 ENERGY CONTROL OF SAN DIEGO 040BQ TH IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to this endorsement, SECTION II -WHO IS AN INSURED is amended to include as an additional in- sured any person or organization whom you are required to add as an additional insured on this policy under a writ- ten contract, written agreement or written permit which must be: a. Currently in effect or becoming effective during the term of the policy; and b. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury." The insurance provided to these additional insureds is lim- ited as follows: 1. That person or organization is an additional in- sured only with respect to liability for "bodily injury," "property damage" or "personal and adver- tising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these ad- ditional insureds, the following exclusions are added to item 2. Exclusions of SECTION I - COVERAGES: This insurance does not apply to "bodily injury," "property damage" or "personal and advertising in- jury" occurring after: a. All work, including materials, parts or equip- ment furnished in connection with such work, on the proJect (other than service, mainte- nance or repairs) to be performed by or on be- half of the additional insured(s) at the location of the covered operations has been com- pleted; or b. That portion of "your work" out of which the in- jury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. 3. The limits of insurance applicable to the additional insured are those specified in the written contract, written agreement or written permit or in the Decla- rations for this policy, whichever is less. These lim- its of insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declara- tions for this policy. 4. Coverage is not provided for "bodily injury," "prop- erty damage," or "personal and advertising injury" arising out of the sole negligence of the additional insured. 5. The insurance provided to the additional insured does not apply to "bodily injury," "property dam- age," or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's ren- dering of or failure to render any professional serv- ices including: Includes copyrighted material of ISO Properties. Inc., with its permission. Copyright, ISO Properties, Inc.. 2004 GLS-150s (7-06) Page 1 of 2 AGENT'S COPY a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or eng i- neering activities. 6. Any coverage provided hereunder will be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, ex- cess, contingent or on any other basis unless a written contract specifically requires that this insur- ance be primary. When this insurance is excess, we will have no du- ty under SECTION I • COVERAGES to defend the additional insured against any "suit" if any other in- surer has a duty to defend the additional insured against that "suit." If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those oth- er insurers. I AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright. ISO Properties, Inc .. 2004 GLS-150s (7-06) Page 2 of 2 t )~ SCOTTSDALE INSURANCE COMPANY:r)J ENDORSEMENT NO. ___ _ ATTACHED TD AND FORMING APART OF POLICY NUMBER CPS2641603 ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED 04/03/2017 ENERGY CONTROL OF SAN DIEGO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS-COMPLETED COMMERCIAL OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART AGENT NO. 040BQ A Section II • Who Is An Insured is amended to include as an additional insured any person or organiza- tion for whom you have performed operations when you and such person or organization agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at a commercial project location for that additional insured and included in the "products-completed operations hazard." However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law. 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 con- tract or agreement to provide for such additional insured. 3. This insurance does not apply to "bodily injury" or "property damage" arising from "your work" on, in connection with or in any way relating to a "residential project." B. With respect to the insurance afforded to these additional insureds, the following is added to Sec- tion 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. For purposes of this endorsement, the following definitions apply: "Residential project" means any project involving the original development or original construction, re- construction, renovation or remodeling of one or more single-family or multi-family housing units, town- houses, townhomes, residential condominiums or cooperatives, duplexes, other structures converted into condominiums or any other type of domicile intended for individual or collective residential ownership, and GLS-448s (2-15) Includes copyrighted material of ISO Properties. Inc .• with its permission. Copyright, ISO Properties, Inc., 2012 Page 1 of 2 AGENT'S COPY shall include all phases of the development, construction, reconstruction, renovation or remodeling of all areas appurtenant to these structures, including but not limited to land acquisition, site improvements, exca- vation or grading of land, utilities, driveways, walkways, roadways, swimming pools, retaining walls, con- struction of any other structure, building, or common areas. "Residential project" does not mean "your work" performed in connection with an apartment building, or "your work" performed solely on or in commercial space of"mixed-use buildings." "Mixed-use buildings" means structures and improvements thereto, which contain both residential units and commercial space. I AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2012 GLS-448s (2-15) Page 2 of2 POLICY NUMBER: CPS2641603 ./ COMMERCIAL GENERAL LIABILITY CG 2404 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: Any person or organization with whom the insured has agreed to waive the rights of recovery, provided such agreement is made in writing and prior to the loss. 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. CG2404 OS 09 Copyright, Insurance Services Office, Inc., 2008 AGENT'S COPY Page 1 of1 cg2404ab.fap COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condi- tion and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek con- tribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be pri- mary and would not seek contribution from any other insurance available to the additional insured. (1) The additional insured is a Named Insured under such other insurance; and CG20010413 Copyright, Insurance Services Office, Inc., 2012 AGENT'S COPY Page 1 of1