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13-012 Hulberg and Associates, Inc., Update Summary Appraisal Report for Contributory Value of Pruneridge Ave to Apple Campus 2 OFFICE OF THE CITY CLERK riN. CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 ‘,1-.19j, TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 WEBSITE:www.cupertino.org CUPERTINO February 28, 2013 Hulberg and Associates, Inc. 1 North Market Street San Jose, CA 95113 An original copy of your agreement with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Public Works department at (408) 777-3354. Sincerely, • i Brittany Carey Senior Office Assistant City of Cupertino Enclosure cc: Public Works CITY OF AGREEMENT 14// CITY OF CUPERTINO 10300 Torre Avenue j.19` Cupertino, CA 95014 rte C CUPERTINO L� 408-7773200 NO. L`1' `- �t / THIS AGREEMENT, made and entered into this I I-4-'‘ day of .Fe t9 rya r yi is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Hulberg and Associates, Inc., 1 North Market Street, San Jose, CA, 95113 Phone: 408-279-1520 Email: Walt@Hulberg.com, (Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Update of the Summary Appraisal Report for the Contributory Value of Pruneridge Avenue to Apple Campus 2 dated November 28, 2011. Check box if services are further described in an Exhibit. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: NSA TERM: The services and/or materials furnished under this Agreement shall commence on 'Fc br,ar-y I\ ) O3 and shall be completed no later than Marc - I, 3,o l 3 . COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $3,500.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of$1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior Page 1 of 3 Short Form Agreement written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate - all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Page 2 of 3 Short Form Agreement Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME: Gary Baum DEPARTMENT: City Attorney's Office This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO: By jAktit (* f' 4 / -' �GU 0 BY Title [Y. 0411JQ. \)K e ceSiC i\ Title:>r e e{ • =-1C- 1",..)6h c W,•. Ic Soc.Sec. #or Tax I.D - cos-c9),4 APPROVALS EXPENDITURE DISTRIBUTION DEP Rr HEAD DA E AC COI TNT NITIMRFR AMCIIINT Z- W/3 I 0 as l7 $31500. C - i EY A R D AS T FORM AT ∎ X3 CITY CLERK: ATTEST DATE �J , /I j 67Ax„..„.4,1A - �-�z� 1t3 C Page 3 of 3 Short Form Agreement _ HULBE-1 OP ID:TC A C7COR nr DATE(MMiDDIYYYY) 1.....__--- CERTIFICATE OF LIAE3ILITY INSURANCE 02,07,2013 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). CONTACT PRODUCER Phone:408-441-2000 NArFE: --" —� -FAX Archway-Clayton Ins Agency Inc Fax:408-441-1982 (.EJC NO Ext)_ - y (Alc,No): ODfi3171 E-MAIL - - 1731 Technology Dr.,Ste.,250 E-MIL ADDRESS:_ San Jose,CA 95110 INSURERIS)AFFORDING COVERAGE NA:C 7 House Account INSURER q:Travelers Property Casualty Co INSURED Hulberg&Associates INSURER B:Re ublicIndemnit Insurance 03012 p - -Indemnity - - One North Market Street INSURER C:Houston Casualty Company _ San Jose, CA 95113 INSURER D:Lloyds Of London INSURERS:INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY EERICD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDI-'ION OF ANY CONTRACT OR OTHER DOCUMENT WI!II R_SPEC1 TO\iIr..CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED IIERL.N IS SJUJECT TO ALL THE TEEMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _ — I POLICY EFF I POLICY EXP IN5R A�i L SUBR LIMITS LTR',_ � TYPE OF INSURANCE � ; r POLICY NUMBER (h1 M1DDlYYYYI'((u1:�11DD1YYYY)�,GENERAL LIABILITY 1,000,000 EACH OCCURRENCE _ $ __—_-- -- --' X I A COMMERCIAL Er a 1680985W0445TIL13 DAMAGE TO RENTED 01/03/2013' 01/03/2014, PR ( I M ( a o m 3 00,00 0 CLAMS-MADE , OCCUR Pcn EXP(Any one person) $ 6,000 I PERSONAL 5 AM/IN.JURV $ 1,000,000 000 000 2 S , , GENERA! AGGREGATE. ' PRODUCTS-COMP/OP AGO $ 2 000,000 GEti'L AGGREGATE LIMIT APPLIES PER -- -- -- - - Emp.Ben. 5 1 000,000 POLICY PF T LOU '. - -- —� ,. 1,000,000 ---- A- -- I COMBINED SINGI.c I.YJ' o11o3rzola (Ea accieerd AUTOMOBILE LIABILITY I �� II680985W0445TIL13 01/03/2013 UOUILV INJURY(Per Futcn) 5 A ANY AU-0 .-_ A__OWNED SCHEDULED HODS.'"INJURY(Per ac ent) S AUTOS AUTOS PROPER!Y DArvIAGF , NON-OWNED (Pa�oxidn^I' _ _ � - .-_--_----- X WRFC AUTOS X AUTOS ' $ UMaRELLA LIABr X OCCJR '� ._ -. -2 000,000 CUP985W047013 0110312013 1 LACK OCCJriRLNCE i$ l- z 000,000 A X EXCESS LIAR AGGREGATE I$ CLAIMS-MADE' I — 01/03/2013101/03/2014 312 0 1 4' 5 AND 0 X LTDT3YL STATE- M�S� IOER 02!0212014 ANY EMPLOEOTOR'LATHE X � 02/02/2013 1,000,000 DEE j YIN 17946604 I FI EACH $ B ANYCERMEMBER EXCLUDED? (7��VE 1 I N!A I 1,000,000 O FICEtory,t,BER EXCLUDED? E L D SEASE L=A LTv1PLOYLc $ (Mandatory in and j 1,000,000 f e,,des;nOe under C L I)SEr POLICY LIMIT $ DESCRIP.10N OF OPERATIONS below_ —— C ,Employ Practice H712-904498 11/15/2012 11/15/2013 4500 Ret. 1,000,000 D 'Professional Liab MPL119321513 01125/2013 01/25/2014 5000 Ded. 3,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) i RE: All California operations The City of Cupertino, & its directors, officers, engineers, agents & employees & all public agencies from whom permits will be obtained & their directors, officers, engineer, agents & employees are included as additional insured per form #CG D2 51 0805 (blanket additional insured) attached. CERTIFICATE HOLDER CANCELLATION CUPER-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino,CA 95014 4/ 74(f ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25{2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: Policy #1680985W0445TIL13 COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED —(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury" requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring incur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. d) The insurance provided to the additional in- 2. The insurance provided to the additional insured sured does not apply to "bodily injury" or by this endorsement is limited as follows: "property damage" that occurs, or "personal a) In the event that the Limits of Insurance of injury" arising out of an offense committed, this Coverage Part shown in the Declarations while any separate liability insurance that you exceed the limits of liability required by the have procured for that person or organization "written contract requiring insurance", the in- is in effect, regardless of whether the scope suranco provided. to the additional insured or limits of insurance in this Coverage Part shall be limited to the limits of liability re- exceed those of that separate liability insur- quired by that "written contract requiring in- ance or whether that separate liability insur- surance", This endorsement shall not in- once is valid and collectible. crease the limits of insurance described in 3. The insurance provided to the additional insured Section III—Limits Of Insurance. by this endorsement is excess over any valid and b) The insurance provided to the additional in- collectible "other insurance", whether primary, sured does not apply to "bodily injury", "prop- excess, contingent or on any other basis, that is arty damage" or "personal injury" arising out available to the additional insured for a loss we of the rendering of, or failure to render, any cover under this endorsement. However, if the professional architectural, engineering or sur- "written contract requiring insurance" specifically veying services, including: requires that this insurance apply on a primary basis or a primary and non-contributory basis, i. The preparing, approving, or failing to this insurance is primary to "other insurance" prepare or approve, maps, shop draw- available to the additional insured which covers ings, opinions, reports, surveys, field or- that person or organization as a named insured dais or change orders, or the preparing, for such loss, and we will not share with that approving, or failing to prepare or ap- "other insurance". But the insurance provided to prove, drawings and specifications; and the additional insured by this endorsement still is ii. Supervisory, inspection, architectural or excess over any valid and collectible "other in- engineering activities. surance", whether primary, excess, contingent or on any other basis, that is available to the addi- CG D2 51 08 05 U 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY tional insured when that person or organization is c) The additional insured must immediately an additional insured under such "other insur- send us copies of all legal papers received in ante". connection with the claim or"suit", cooperate 4. As a condition of coverage provided to the with us in the investigation or settlement of additional insured by this endorsement: the claim or defense against the "suit", and a) The additional insured must give us written otherwise comply with all policy conditions. notice as soon as practicable of an "occur- d) The additional insured must tender the de rence" or an offense which may result in a Tense and indemnity of any claim or "suit" to claim. To the extent possible, such notice any provider of"other insurance"which would should include: cover the additional insured for a loss we I. How, when and where the "occurrence" cover under this endorsement. or offense took place; 5. The following definition is added to SECTION V. II. The names and addresses of any injured —DEFINITIONS: persons and witnesses; and "Written contract requiring insurance" means iii. The nature and location of any injury or that part of any written contract or agreement under which you are required to include a damage arising out of the "occurrence"or person or organization as an additional in- offense. sured on this Coverage Part, g provided that b) If a claim is made or "suit" is brought against the "bodily injury" and "property damage" oc- the additional insured, the additional insured curs and the"personal injury" is caused by an must: offense committed: i. Immediately record the specifics of the a. After the signing and execution of the claim or"suit" and the date received; and contract or agreement by you; ii. Notify us as soon as practicable. b. While that part of the contract or The additional insured must see to it that we agreement is in effect; and receive written notice of the claim or"suit"as c. Before the end of the policy period. soon as practicable. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 51 08 05 HULBE-1 OP ID: TIC ACORO M M/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE FA;2/07/2013 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). CONTACT PRODUCER Phone:408-441-2000 NAME: Archway-Clayton Ins Agency Inc PHONE — – FAX OD63171 Fax:408-441-1982-(A/c No Ext__ A/c No): 1731 Technology r.,Ste.,250 EMAIL 9Y San Jose,CA 95110 ADDRESS:— T_- -- House Account _ INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Co INSURED Hulberg &Associates INSURERS:Republic Indemnity Insurance 03012 One North Market Street INSURERC:Houston Casualty Company San Jose, CA 95113 -- -- INSURER D:Lloyds Of London _ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED rO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEC 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 T A DL SUUB POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER _ MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE T RENTED A X COMMERCIAL GENERAL LIABILITY X 1680985W0445TIL13 01/03/2013 01103/2014 PREMISES Ea occurrence $ 300,00 CLAIMS-MADE X] OCCUR MED EXP(Any one person) $ _ 5,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY PRO- LOC _ Emp.Ben. $ 1,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ A ANY AUTO 1680985WO445TIL13 01/03/2013 01/03/2014 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS X HIRED AUTOS X AUTOS Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,00 A X EXCESS LIAR CLAIMS-MADE CUP985WO47013 01/03/2013 01/03/2014 AGGREGATE $ 2,000,00 DED X RETENTION$ 0 $ WORKERS COMPENSATION X WC STATU- OTH- i AND EMPLOYERS'LIABILITY T Y LIMITS B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 17946604 02/02/2013 02/02/2014 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under E.L.DISEASE-POLICY Lim 1,000,0 DESCRIPTION OF OPERATIONS below C (Employ Practice H712-904498 11/1512012 11/15/2013 4500 Ret. 1,000,00 D Professional Liab MPL119321513 01/25/2013 01/25/2014 5000 Ded. 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: All California operations The City of Cupertino, & its directors, officers, engi:aeers, agents & employees & all public agencies from whom permits will be obtained & their directors, officers, engineer, agents & employees are included as additional insured per form #CG D2 51 0805 (blanket additional insured) attached. CERTIFICATE HOLDER CANCELLATION CUPER-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino, CA 95014 � ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: Policy #1680985WO445TIL13 COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED —(Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. d) The insurance provided to the additional in- 2. The insurance provided to the additional insured sured does not apply to "bodily injury" or by this endorsement is limited as follows: "property damage" that occurs, or "personal a) In the event that the Limits of Insurance of injury" arising out of an offense committed, this Coverage Part shown in the Declarations while any separate liability insurance that you exceed the limits of liability required by the have procured for that person or organization "written contract requiring insurance", the in- is in effect, regardless of whether the scope surance provided to the additional insured or limits of insurance in this Coverage Part shall be limited to the limits of liability re- exceed those of that separate liability insur- quired by that "written contract requiring in- ance or whether that separate liability insur- surance". This endorsement shall not in- ance is valid and collectible. crease the limits of insurance described in 3. The insurance provided to the additional insured Section III—Limits Of Insurance. by this endorsement is excess over any valid and b) The insurance provided to the additional in- collectible "other insurance", whether primary, sured does not apply to "bodily injury", "prop- excess, contingent or on any other basis, that is erty damage" or "personal injury" arising out available to the additional insured for a loss we of the rendering of, or failure to render, any cover under this endorsement. However, if the professional architectural, engineering or sur- "written contract requiring insurance" specifically veying services, including: requires that this insurance apply on a primary I. The preparing, approving, or failing to basis or a primary and non-contributory basis, this insurance is primary to "other insurance" prepare or approve, maps, shop draw- available to the additional insured which covers ings, opinions, reports, surveys, field or- that person or organization as a named insured ders or change orders, or the preparing, for such loss, and we will not share with that approving, or failing to prepare or ap- "other insurance". But the insurance provided to prove, drawings and specifications; and the additional insured by this endorsement still is ii. Supervisory, inspection, architectural or excess over any valid and collectible "other in- engineering activities. surance", whether primary, excess, contingent or on any other basis, that is available to the addi- CG D2 51 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY tional insured when that person or organization is c) The additional insured must immediately an additional insured under such "other insur- send us copies of all legal papers received in ance". connection with the claim or"suit", cooperate 4. As a condition of coverage provided to the with us in the investigation or settlement of additional insured by this endorsement: the claim or defense against the "suit", and otherwise comply with all policy conditions. a) The additional insured must give us written notice as soon as practicable of an "occur- d) The additional insured must tender the de- notice or an offense which may result in a fense and indemnity of any claim or "suit" to claim. To the extent possible, such notice any provider of"other insurance"which would should include: cover the additional insured for a loss we cover under this endorsement. i. How, when and where the "occurrence" or offense took place; 5. The following definition is added to SECTION V. —DEFINITIONS: ii. The names and addresses of any injured "Written contract requiring insurance" means persons and witnesses; and that part of any written contract or agreement iii. The nature and location of any injury or under which you are required to include a damage arising out of the "occurrence"or person or organization as an additional in- offense. sured on this Coverage Part, provided that b) If a claim is made or "suit" is brought against the "bodily injury" and "property damage" oc- the additional insured, the additional insured curs and the "personal injury" is caused by an must: offense committed: L Immediately record the specifics of the a. After the signing and execution of the claim or"suit" and the date received; and contract or agreement by you; ii. Notify us as soon as practicable. b., While that part of the contract or The additional insured must see to it that we agreement is in effect; and receive written notice of the claim or"suit" as c. Before the end of the policy period. soon as practicable. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 51 08 05