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HomeMy WebLinkAboutCAG2022-067 - Amendment - #1 - All Around Fence Company - 3rd Ave. Pump Station Pond Fence Repair - 04/14/2022Nancy Yoshitake for Joe Codiga Public Works 04/14/2022 04/18/2022 N/A 44005590.64119.7420 N/A All Around Fence Company Contract Amendment 3rd Avenue Pump Station Fence Reinstated the original agreement to April 4, 2022 since work wasn't completed and original contract expired March 19, 2022. Other 4/04/2022 $0 KENT AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: All Around Fence Company CONTRACT NAME & PROJECT NUMBER: Ycl Avenue Puma Station ORIGINAL AGREEMENT DATE: February 17, 2022 This Amendment is made between the City and the above -referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: No change to the scope of work, however an amendment is necessary to extend the completion date to April 4. 2022 to cover services that were provided after the contract expiration date of March 19, 2022. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows; Original Contract Sum, $3,644.31 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $3,644.31 including all previous amendments Current Amendment Sum $0 Applicable WSST Tax on this Amendment $0 Revised Contract Sum $3,644.31 AMENDMENT - 1 OF 2 Original Time for Completion 3/19/22 (insert date) Revised Time for Completion under nla prior Amendments (insert date) Add'i Days Required (f) for this 16 calendar days Amendment Revised Time for Completion 414122 (insert date) The parties acknowledge that the Agreement terminated by its own terms on March 19, 2022. However, the City and Vendor express their mutual intent and desire to reinstate the Agreement; extend its term through April 4, 2022; and amend the work to include additional duties to be performed in accordance with the same provisions set forth in the original Agreement, except as modified within this Amendment. In addition, the parties wish to ratify and affirm any and all acts consistent with the authority of the Agreement and prior to the effective date of this Amendment. The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS. the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTA T/VENDOR: By: (signatu ) Print Name: iv7 Its 0 +tom n _ (title) DATE: i CITY OF KENT: DigiraBy signed by David A Brock David A. Brock ou=PublpcWorks Opevld A-lratlonsy of 1Cer14 email=dbrock@kentwa,gov, c=115 By: Date: 2022.04.14 i 1:35:56 -07'00' (signature) Print Name: —Dave Brock, P.E. Its Deputy Director Operations (title) DATE: AMENDMENT - 2 OF 2 ATTEST: k� / aA Kent City Clerk All Around Fence - 3r° Ave Pump Station Amd 1/Codiga APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department AMENDMENT - 3 OF 2 '4 CERTIFICATE OF LIABILITY INSURANCE `MIMMQ1yYM I]P117I�D22 THIS CERTIFICATE 1S 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 1NSURERtS1, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policyjies) 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 rl hts to the certificate holder in lieu of such endorsements . PRODUCER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE' P.O. 80X S28 CONT NAME: CT CLIENT CONTAr.1 CENTER PA,CNHo En : 986-333-490 FAX N.: 507-446-4664 E-MAIL ADDRESS: s: CLI E N TCONTACTCEN T ERAFED INS.COM OWATONNA, MN 55M iNSVRER4S1 AFFORDING COVERAGE NAIL p INSURER A: FEDERATED MUTUAL INSURANCE COMPANY 13935 INSUREO 195-W7-4 INSURER B: ALL AROUND FENCE COMPANY INSURER Gt PO Box 98909 INSURER O: LAKEWOOD, WA 815496-Mg INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 140 REVISION NUMBER: 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT -WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN- THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. I"R I_TR TYPE OF INSLIRAN CE DL 1NSR SUYR WVD DODGY NUMBER POLICY EFF MM?OD7YYYY POLICY ExP MWDWYYYY LIaA1T5 A X COMMERCIAL GENERAL LIABILITY CLAMS -MADE 0 OCCUR Y N 9369175 01/15/2022 0111512D23 EACH OCCURRENCE $1.D69,660 PR AGE TO -RENTED $100 D130 MED EAP (ArV me 00MM) EXCLUDED PERSONAL 4 ADV INJURY $1,060,000 G X N'L RGGREGA E LIMIT APPLIES PER: POLICY �JECT Ei OTHER: GENERAL AGGREGATE $2,�,� PRODUCTS - COMPIOPAOO 82,00D,06D A AUTOMOBILE x LIABILITY ANY AUTO SCHE OWHE9 AUTOS ONLY pUTOS DULED HIRED AUTOS ONLY NON OWNED AUTOS ONLY Y N 9369175 01115l2022 0111512023 COMBINED SINGLE LIMIT Ea exlden $1 BODILY INJURY IPer persanl BODILY INJURY IF -or attldeflt] PROPERTY DAMAGE Pere olden A �( UMBRELt-A LIAR EXCESS LIAR OCCUR CLAIMS -MADE N N 3369176 01115=22 01/15/2023 EACH OCCURRENCE $5,000,000 AOOREOATE $5.00D,00D pEc I IRETENTION A ANY R EMPLOYERS' LIABILITY 1 ry i M PROPRIETOR, PARTNERIEXECVTIVF OfF10ERfMEMSER E><CLUDED7 (MwclaLory in HUI II yes. eescribe under DESCRIPTION OF OPERATIONS Wow N 1 R N 9369175 01115=22 01/15/2023 PER STATUTE 6R E.L. EACH ACCIDENT $1,000,00D E.L- [NEE ASE - EA EMPLOYEE $1,000,000 El DISEASE - POLICY LIMIT $1,000,00D I DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICL€S (ACORD 101, Adds Edna, Re-03 Schedule, mly he atmdhed II mwe %P° Is required] SEE ATTACHED P"E 198.037.4 CITY OF KENT 220 4TH AVE S KENT, WA 98632-5838 1401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 52018JM3 The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 198-037-0 LOC it. ACORO� ADDITIONAL REMARKS SCHEDULE page _ of AGENCY NAMED IN SL RED FEDERATED MUTUAL INSURANCE COMPANY ALL AROUND FENCE COMPANY POLICY NUM6£R P07 BOX M909 SEE CERTIFICATE # 140.1 LAKEWOOD, WA 98496.89M SEE CERTIFICATE # 140.1 ErF;rcnvE DArr: SEE CERTIFICATE # 140.1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 2$ _ FORM TITLE: STOP -GAP (EMPLOYER'S LIABILITY) COVERED STATE(S) MA THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTONATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AOREEHENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. ACORD 101 (2008/O1)I a 2008 ACORD CORPORATION. All r[ghls reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. WHO 1S AN INSURED for "bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto" with your permission. however, this additional insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto'. This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. B. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C, The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D, Additional exclusions. The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1. To "loss" which occurs prior to the date of your contract with such person or organization; 2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3. To "loss" for any leased or rented "auto" when the lessor or his or her agent takes possession of the leased or rented "auto" or the policy period ends, whichever occurs first. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-127 (03-03) Policy Number: 9369175 Transaction Effective Date:0111512022 COMMERCIAL GENERAL LIABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following. COMMERCIAL.. GENERAL. LIABILITY COVERAGE PART A. Section Il - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have 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", "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. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law: and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury" "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. Q Insurance Services Office, Inc., 2018 Page 1 of 2 CG 20 33 12 19 Policy Number: 9369175 Transaction Effective Date: 01/15/2022 2. "Bodily injury" or "property damage" occurring after: a. 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 b. 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. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 Q Insurance Services Office, Inc., 2018 CG 20 33 12 19 Policy Number: 9369175 Transaction Effective Date: 01/15/2022 AMENDMENT - 3 OF 2 ATTEST: ___________________________ Kent City Clerk APPROVED AS TO FORM: (applicable if Mayor’s signature required) Kent Law Department All Around Fence - 3rd Ave Pump Station Amd 1/Codiga `4 H CERTIFICATE OF LIABILITY INSURANCE 02117/�CQ2 THIS CERTIFICATE 1S 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 INSURERISI, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the polieyjiesy 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 rl hts to the Certificate holder in lieu of such endorsements . PRODUCER FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 NAM ACT NT ONTA NT PA C, N. Ea+ : 888-333-4949 FAX, No): 507 4+}g 4B$4 ADOREss: CLIENTCONTACTCENTER FEOINS.COM OWATQNNA, MN 550S0 _ IN5i,1K Sl AFFORDING, COVERAGE NAIC {7 INSURER A: FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 19R-037-4 INSURER B: ALL AROUND FENCE COMPANY PO i30X 98909 INSURER 0: INSURER D: LAKEWOOD, WA 95496-S909 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 140 REVISION NUMBER: 1 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. TERN! OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN- THE INSURANCE AFFORDED BY THE POLICIES DESCR18ED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. INSRI IT, TYPE OF INSURANCE DL iNSR Si18R WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EY.P MMIDDlYYYY LIMITS A X I COMMERCIAL GENERAL LIABILITY ICLAMS-MADE OCCUR Y N 9369175 01/15/2022 01/15/2023 EACH OCCURRENCE $i.oaD,Doo PRLI�I E TO RENTED $iao,DOD MED EAP (Any we persanl EXCLUDED G X PERSONAS, d ADV INJURY $1,000,000 N'L AGGRECA E LIMIT APPLIES PER: POLICY �JEC �LUC OTHER: CENERAL AGGREGATE $2,000,ODD PRODUCTS - COMPIOPAGO $2,000,000 qOMNJ£D AU70MOSILE I LIABILITY 4NYAUTOBODILY AUTOS ONLY au ToSU D HIRED AUTOS ONLY NON•OWNEO AUTOS ONLY Y N 9369175 01115IM22 01/15/2023 COMBINED SINGLE UMrr Ea soClden $1 INJURY IPer pemwI1 BODILY INJURY IPer N Id&nI PROPERTY DAMACE P rattlden A 1( 11MBRELLA L3An E1CCE553JAe �( OCCUR CLAIMS -MADE N N 3369176 0111512D22 0111512023 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DEp 1 RETENTION A AM EMPLOYERS' LIABILITY V 1 ry ANY PROPRIETORNPARTNERIEXECUTIVF I OffICERIMEMSER EXCLUDED' (Mandaturyr in NMI N yea, describe under DESCRIPTION OF OPERATIONS Wow NIA N 9369175 01/15/2022 0111512DM PER STATUTE O714- AR E.L_ EACH ACCIDENT $1 000 000 E.L DISEASE - EA EMPLOYEE $1,000,000 El DISEASE - PCLICY LIMIT $1,000,000 I DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (At:ORD 101. Addi tinnel Remarks 5dledule, may he atwhed it mere apace Ia required) SEE ATTACHED PACE CERTIFICATE HOLDER CANCELLATION 198.0374 1401 CITY OF KENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 ATH AVE S THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KENT, WA 9S032-5838 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _ D 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 t2016M) The ACORD dame and logo are registered marks of ACORD AC 0. AGENCY CUSTOMER ID: 198-037-4 LOC 4: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 Aor;mcy NAMED IN SURED FEDERATED MUTUAL INSURANCE COMPANY ALL AROUND FENCE COMPANY PC BOX 98909 LAKEWOOD. WA 98496.8909 aoucr NUMBER SEE CERTIFICATE # 140.1 CARRIER NAIC CODE SEE CERTIFICATE #{ 140.1 EFFECIWE DATE! SEE CERTIFICATE ## 140.1 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACDRD FORM, FORM NUMBER: 25 FORM TITLE: QERjIFIQ.MEQE STOP -GAP iEMPLOYER•S LIABILITY] COVERED STATE(S) WA THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. ACORD 101 (2008101) Cb 2008 ACDRD CORPORATION. All rights reserved. The ACDRD name and logo are registered marks of ACDRD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. WHO 1S AN INSURED for "bodily injury" and "property damage" liability is amended to include: Any person or organization other than a joint venture, for which you have agreed by written contract to procure bodily injury or property damage "auto" liability insurance arising out of operation of a covered "auto" with your permission. However, this additional insurance does not apply to: (1) The owner or anyone else from whom you hire or borrow a covered "auto'. This exception does not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (a) Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partnership), or a member (if you are a limited liability company) for a covered "auto" owned by him or her or a member of his or her household. H. The coverage extended to any additional insured by this endorsement is limited to, and subject to all terms, conditions, and exclusions of the Coverage Part to which this endorsement is attached. In addition, coverage shall not exceed the terms and conditions that are required by the terms of the written agreement to add any insured, or to procure insurance. C. The limits of insurance applicable to such insurance shall be the lesser of the limits required by the agreement between the parties, or the limits provided by this policy. D. Additional exclusions. The insurance afforded to any person or organization as an insured under this endorsement does not apply: 1. To "loss" which occurs prior to the date of your contract with such person or organization; 2. To "loss" arising out of the sole negligence of any person or organization that would not be an insured except for this endorsement. 3. To "loss" for any leased or rented "auto' when the lessor or his or her agent takes possession of the leased or rented "auto' or the policy period ends, whichever occurs first. Includes copyrighted material of Insurance Services Office, Inc. with its permission. CA-F-127 (03-03) Policy Number: 9369175 Transaction Effective Date:0111512022 COMMERCIAL GENERAL LIABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 - Who Is An Insured is amended to include as an additional insured any person or organization for whore you are performing operations when you and such person or organization have 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", "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. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury" "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, reaps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. © Insurance Services Office, Inc- 2018 Page 1 of 2 CG 20 33 12 19 Policy Number: 9369175 Transaction Effective Date: 01/15/2022 2. "Bodily injury" or "property damage" occurring after: a. 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 b. 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. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance; The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 33 12 19 Policy Number: 9369175 Transaction Effective Date: 01/15/2022