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HomeMy WebLinkAboutContracts & Agreements_44-2010_CCv0001.pdf r March 16, 2010 MEMORANDUM TO: N. Enrique Martinez, City Manager FROM: Chris Diggs, Assistant Utilities Director C. _-;> THROUGH: Rosemary Hoerning, Municipal Utilities and Engineering Director SUBJECT: 5111 Avenue Reservoir Vault Cover/Noise Barrier Attached needing your signature is an agreement for a vault cover/noise barrier at the 5`h Avenue reservoir site. This project is the final stage of valve replacement and maintenance project and will safely cover and reduce the external noise level of the equipment located within the vault. Due to the proximity of the vault to nearby residences, noise barrier material is needed in addition to a safety and weather protection cover. Because this work is maintenance related it is not considered a Public Project, the work is governed by RMC section 2.16.150. This section states informal bidding is required. As a result, this project was bid to multiple noise control contractors, see list of contractors and bids below. Staff has selected the low bidder for the project. When completed, the vault cover should provide safety and weather protection as well as reduce the operating noise created by the equipment within the vault. The City Attorney has reviewed the attached agreements. Corapang Bid i s Esc t:.ontroi Corporation_ 6.992.39 � Industrial Noise Control Inc. r$ 11,836.00v� _Phoenix 4,,A_135,00 I r ti v AGREEMENT FOR THE SUPPLY AND INSTALLATION OF NOISE CONTROL PANELS AT THE CITY OF REDLANDS' FIFTH RESERVOIR SITE This agreement for the supply and installation of noise control panels at the City of Redlands' Fifth Avenue Reservoir site("Agreement') is made and entered into this ,` 5 day ofMarch, 2010 ("Effective Date'), by and between the City of Redlands, a municipal corporationCit and Noise Control Corporation ("Contractor"). City and Contractor are sometimes individually referred to herein as a"Party and, together, as the"Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: Article 1 ENGAGEMENT OF CONTRACTOR 1.1 City hereby retains Contractor to supply and install noise control panels at City's Fifth Avenue Reservoir site(`Project"). 1.2 At the time of award of this Agreement, and throughout the performance of this Agreement, Contractor and its subcontractors shall possess all appropriate State contractors' licenses required for the work to be performed in connection with the installation of the noise control panels, and shall not be debarred pursuant to Labor Code sections 1777.1 and 1777.7. Article 2 RESPONSIBILITIES OF CONTRACTOR 2.1 The specific supply and installation services which Contractor shall perform are more particularly described in Exhibit"A,"which is attached hereto and incorporated herein by this reference (the"Services"). 2.2 Contractor shall comply with all applicable federal, state and local laws and regulations in the performance of the Services including, but not limited, to all applicable Labor Code and prevailing wage laws and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to Labor Code section 1.773.2, copies of the prevailing rates of per diem wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Project are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 1.5A (Mailing: P.Q. Box 3005), Redlands, California 92373. 2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding payments to Contractor or its subcontractors pursuant to Labor Code section 1771.6. 3 Wcents',Noise Control Corp Agseement.dtrc 2.4 If Contractor executes an agreement with a subcontractor to perform work on the Project, Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813. 2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1.776 regarding payroll records maintenance, certifications, retention and inspection. 2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810. 2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815. 2.8 Because this Agreement was exempt from competitive bidding, prior to commencement of any Services, Contractor shall provide City with the information required by Public Contract Code section 4104. 2.9 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to this Agreement. Article 3 PERIOD OF SERVICE 3.1 Contractor shall commence the Services upon City's delivery to Contractor of a written "Notice to Proceed." 3.2 Contractor shall complete the Services within twenty (20) calendar days from and after the date of City's issuance to Contractor of the Notice to Proceed. Article 4 PAYMENT AND NOTICE 4.1 City shall pay Contractor the sum of Six Thousand Nine Hundred Ninety Two Dollars and Thirty-Nine Cents($6,992.39)as compensation for the Services. 4.2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and approval of Contractor's invoice, by warrant payable to Contractor. l:',czo,dJmAgreetnen&,,Nooie Control Corp Agreement,doc 4.3 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices sent by mail shall be addressed as fellows: City: Chris Diggs Municipal Utilities and.Engineering Dept. City of Redlands P.O. Box 3005 Redlands, CA 92373 Contractor: Tom.Lynn Operations Manager Noise Control Corporation Post Office Box 81774 Bakers Field, CA 93380 When so addressed, such notices shall be deemed given upon deposit in the United States mail, in all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices are to be given by giving notice pursuant to this section 4.3. 4.4 Pursuant to Public Contract Code section 22300, Contractor has the option to deposit securities with an Escrow Agent as a substitute for any monies withheld by City to ensure Contractor's performance pursuant to Public Contract Code section 22300. 4.5 Pursuant to Government Code section 4215, City assumes the responsibility for the timely removal, relocation or protection of existing main or trunkline utility facilities located on the site of the Project, if such utilities are not identified by City in the plans and specifications for the Project. City shall compensate Contractor for the costs of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the Project necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completion of the Project, when such delay was caused by the failure of City or the owner of the utility to provide for removal or relocation of such utility facilities. However, City is not required to indicate the presence of existing service laterals or appurtenances whenever presence of such utilities on the Project site can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the Project site. r ca\djm\A>aeements�,Naise Control Carp Areement.ccc -3- 1 Article 5 INSURANCE AND INDEMNIFICATION 5.1 Contractor's-Insurance-to be Primary. All insurance required by this Agreement shall be maintained by Contractor throughout Contractor's performance of the Services, and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. 5.2 Workers' Compensation and Employer's Liability. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the performance of the Services pursuant to Labor Code sections 3700 and 1860, in an amount which meets statutory requirements, with an insurance carrier acceptable to City. The insurance policy shall include a provision prohibiting the policy's cancellation except upon thirty(30)days prior written notice to City. Contractor shall execute and deliver to City a Worker's Compensation Insurance Certification in the form attached hereto as Exhibit 111311 prior to commencement of the Services. 5.3 Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City and its elected officials, employees and agents from and against any and all claims, losses and liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent or intentionally wrongful act or omission of Contractor, and its officers, employees and agents, in performing the Services. 5.4 Assignment. Contractor is expressly prohibited from assigning any of the work associated with the Services without the express prior written consent of City. In the event of agreement by the Parties to assign a portion of the Services, Contractor shall add the assignee as an additional insured to its insurance policies and provide City with the insurance endorsements prior to any work being performed by the assignee. Assignment does not include printing or other customary reimbursable expenses that may be provided for in this Agreement. 5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout the duration of the Services comprehensive general liability insurance, with carriers acceptable to City, with minimum coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property damage and personal injury. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting modification of coverage limits or cancellation of the policy except upon thirty (30) days prior-written notice to City. A certificate of insurance and endorsements shall be delivered to City prior to commencement of the Services. 5.6 Business Auto Liability Insurance. Contractor shall secure and maintain in force throughout the duration of the Project business automobile liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used on the Project hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting modification of coverage limits or cancellation of the policy except upon thirty(30) days prior written notice to City. A lAca1,djmXAgreements,,,N0ise Control Corp Agreement.doc certificate of insurance and endorsements shall be delivered to City prior to commencement of the Services. 5.7 Liquidated Damages. The failure of Contractor to complete the work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Contractor shall pay to City, or have withheld from monies due it, the sum of$500 for each consecutive calendar day in excess of the specified time for completion of the Services. Execution of this Agreement shall constitute agreement by City and Contractor that $500 per day is the estimated damage to City caused by the failure of Contractor to complete the Services within the allowed time. Such sum represents liquidated damages and shall not be construed as a penalty,and may be deducted from payments due the Contractor if such delay occurs. Article 6 GENERAL CONSIDERATIONS 6.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to recover its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. 6.2 All documents, records, drawings, electronic data files and data base, photographic prints and negatives, designs and specifications, cost estimates, and other Project documents developed by Contractor for the Project shall become the property of City and shall be delivered to City upon completion of the Project. 6.3 Contractor is, for all purposes under this Agreement, an independent contractor with respect to the Project and not an employee of City. All personnel employed by Contractor to perform the Project are for its account only, and in no event shall Contractor or any personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of, City. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the Parties. 6.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. 6.5 City may terminate this Agreement for any reason, at any time at its sole discretion, upon five(5)calendar days prior written notice to Contractor. 6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work associated with the Project and (2) deliver or otherwise make available to City, copies of any data, design calculations, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by Contractor in performing the Project. Contractor shall be compensated on a pro-rata basis for any work completed up until notice of termination. -5 1:'CaXdjrnAgreementshNoise Control Corp Agreernent,doc 6.7 This Agreement, including the exhibits incorporated by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein and any prior negotiations, proposals and agreements relating to the subject matter hereof are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by City and Contractor. 6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 6.9 Claims by Contractor in the amount of Three Hundred Seventy-Five Thousand Dollars ($375,000) or less shall be made by Contractor and processed by City pursuant to the provisions of Part 3, Chapter 1,Article 1.5 of the Public Contract Code(commencing with section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. 6.10 If any provision or of this Agreement is held to be void or unenforceable under any law or regulation, it shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: By En City�tre Kfartinez City Clerk an,, anager Noise Control C oration 7'J -2 By Date— 4C -6- 1 .ca,,djmAgreements\Noise Control Corp Agreentent-doc EXHZT3IT"A"� N1SGam, "PEIN'NOISE AND SOUND CN f� �' CONTROLWoman owned — Minority Business Entity Fully Bondable& Insured November 2, 2009 Mr. Woody Hynes City of Redlands Municipal Utilities and Engineering Department Subject: Noise Control Proposal-P9105B Redlands, CA Dear Mr. Hynes, Thank you for the opportunity to submit this proposal for the purchase and installation of our Noise Control Panels at your site in Redlands, CA. PROPOSAL Noise Control Corporation will deliver and install QctaveBlockTm31 Noise Panels that will lie over the top of the pit. One panel will have an access hatch provided. The pricing is as follows: Octave8lockTm31 Noise Control Panels $2,878.50 Installation Materials $ 550,00 Sales Tax-Redlands, CA&75% $ 299.99 Delivery and Installation $3,263.90 Total Proposal Pricing $6,992.39 STANDARD EXCLUSIONS: -Surveying -Davis 1 Bacon or Prevailing wages -Layout -Removal of spoils -Permits -Unforeseen conditions, utilities, rocks, etc. -Fees -Offsite work-Testing and Inspections- Builders Risk Insurance -Architectural or Engineering fees -Traffic Control -Location or Protection of underground utilities -Handling, Removal, or Disposal of any kind of hazardous materials -Maintenance to sound wall after installation including but not limited to graffiti removal- Payment&Performance Bond(available upon request at an additional cost) STANDARD QUALIFICATIONS: Payment terms are Net 30 days from delivery and/or installation unless otherwise noted Any modifications made to any blankets, panels or sound walls will void all product warranties and release Noise Control Corporation from any liability. Price assumes that there will be no interruptions in work with Kone)-"move-on". All work will proceed during normal work hours--no overtime.Any work completed after hours work will be billed at our standard overtime or premium time rates. This quote assumes unrestricted access to the site and a level work area This price will remain valid for a period of 30 days from the date of this proposal, This proposal will not be subject to retention of any kind Request for execution of a subcontract agreement by your firm is subject our legal review and acceptance, We require a lead-time of 14 days after receipt of executed purchase order and/or subcontract agreement, No work will commence until receipt of an executed purchase order and/or subcontract agreement. P,O. Box 31774 ! Bakersfield, Califoi 93380 * (800)606-6473 ♦ Fax(661)391-9999 l kew.,djm=,Agreeinentsl'tioise Control Carp Agreement.doe CITY OF REDLANDS NOVEMBER 2, 2009 P9105B PAGE 2 PROPOSAL ACCEPTANCE City of Redlands has reviewed and accepted the scope of work, standard exclusions and qualifications listed in this proposal. Signature Date Name Title Noise Control Corporation looks forward to working with you on this project. Should you have any questions or need any additional information, please feel free to contact me directly (661) 979-8461. Sincerely, NOISE CONTROL CORPORATION 7'orn )�nn Tom Lynn Operations Manager A-2 lAc&4rn'Agreemeno;',Noise Control Corp Agreernent.doc EXHIBIT V11131f WORKERS' COMPENSATION INSURANCE CERTIFICATION Project: Supply and installation of noise control panels at Fifth Avenue Reservoir Site Every employer except the State, shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self- insure, either as an individual employer or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code §1861 Noise Control Co r Date: L-4 By: t T- Contractor's License No. 0 -eo B-1 1Acmdjm\Agreements1dN, oise Control Corp Agreement.doc l ^? m [—;ATEM �M /DD/ YYYCERTIFICATE 4F LIABILITY INSURANCE03/03J2010 P�iwI Risk Insurance Services West, Inc. IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Fresno CA office AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.TMS 5260 North Palm Avenue TIF KATE DOES NOT AMEND,EXTEND OR ALTER THE Suite 400 COVERAGE AFFORDED BY THE POLICIES BELOW. Fresno CA 93704 USA INSURERS X1<FORDING COVERAGE NAiC S PnoNT• 559 449-7200 FAx- SS9 439-0863 UISURERA: old Republic General Ins Corp 24139 INSURED Noise Control corporation INSURER W. National union Fire Ins co of Pittsburgh 19445 P.O. Box 81747 Bakersfield CA 93380-1747 USA DiSEIRMc, WSURERD: 'O INETJRCR S: COVERAGES sIR applies per terms and conditions of the po icy THE PWCIBS OF INSURANCE LISTED BHLOW HAVE BEEN ISSUED TO THE DISURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIRIDA iY,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISRIED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LDAMS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS t BtM SHOWN ARE AS REQUESTED UVSA TYPE OF INSURANCE POLICY NUMBER Policy EFFECTR'S POLICY HSMRATION LIMITS LTR. IN5 A DA A UARU y A1cG4889090S 09/01/2009 03/01/2010 EAcHoccuRRb'NCE Si,o00,000 X COMMMUMAL GENERAL LIAIMM DAMAGE TO RENTED S1001000 PREMISES ab ooau*mca C'LAIMSMADE ® OCCUR oaavown ' v PERSONAL&ADV 11CURY S1,000,000 M N GENERALAGGREGATE 52,000,000 rn GENT.AGGREGATE LDMT APPLIES PER PRODUCTS-COMPMP AGO S2,000,000 q ❑ POL}CY ® PEO-TEC7❑ IAC LA A AUTOMOBR.ELIABILIIY AICA48890905 09/01/2009 09/01/2010 X ANY AUTO c�d®SnvGtE L n�T $1,000,000 z ALL OWNED AUTOS BODELY INJURY SCHWULED AUTOS (Pa prion) t HIRED AUTOS SODWY INJURY L NON OWNED AUTOS (Per PROPERTY DAMAGE (Per GaddWO GARAGEI.IABLITY AUTO ONLY-EA ACCIDENT ^ ANY AUTO 037H R THAN EA ACC AUTO ONLY! AM B EXCESS IUbEOW LALIA.811M 7517697 09/OJJ2009 EACH OCCURRENCE occuR f-1 clAmJs MADE AGGREGATE S1S,000,000 DEDUCrIJBLE RETENT"i A X STATU- OltT- waLuaRs Coba ENSATM AI1D ITOPLYLIMITSA 11A EA9I.0YERS'r+Amr.y EL.EACH ACCIDENT $1.000;000 ANY PROPRMTORI PARTNER/EXECUTIVE EJ-DISEASE,EAEk9tOYEE 51,000,000 t egM1�II%LY tt08Df E.T,DWAR-POLICY LIMIT $1,000,000 tr 6aaO a mda WMAL MOVIStONS blow OTNU DESCRJPnON(W OPERAT USIONS ADDED BY SAL PROWSION5 RE: mise Control Panels at the city of Redlands' Fifth Reservoir site CERTIFICATE HOLDER CANCELLATION City of Redlands SHOULD ANY OF TIS ABOVE DESCROM POLICIES BE CANCELLED BEFORE THE F"MATION _ Pmunicipalo utilities & Engineering Dept. w DAYS WRITTEN NOTICETO THE TE THEREOF THE=ANG ATE NAMEDTOTIRE LEFT P o Box 3005 Redlands CA 92373 USA AUTHORJZWREPRESENfATIVE ACORD 25(2009!01} 01988-2.609 ACORD CORPORATION.All rights reserved" The ACORD name and 4o are registered works of ACORD COMMERCIAL COVERAGE ADDITIONAL INSURED -AUTO POLICY AMENDMENT SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Redlands Municipal Utilities and Engineering Dept RE: Noise Control Panels at the City of Redlands' Fifth Reservoir Site THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE ABOVE IS AN ADDITIONAL INSURED UNDER THIS POLICY, BUT ONLY TO THE EXTENT THAT THE PERSON OR ORGANIZATION IS LIABLE FOR THE CONDUCT OF AN "INSURED" AS DEFINED IN SUBPARAGRAPHS A. AND B. OF SECTION 11, PARAGRAPH A.1 "WHO IS AN INSURED" OF THE POLICY. HOWEVER, IF YOU HAVE HIRED OR BORROWED A COVERED "AUTO" FROM THAT PERSON OR ORGANIZATION, THEY ARE AN ADDITIONAL INSURED ONLY IF THE HIRED OR BORROWED COVERED "AUTO" IS A "TRAILER" CONNECTED TO A COVERED "AUTO" YOU OWN. THIS ENDORSEMENT IS PLACED ON THE POLICY SOLELY AS AN ACCOMMODATION TO AND AT THE INSISTENCE OF THE PERSON OR ORGANIZATION LISTED IN THE SCHEDULE. THIS ENDORSEMENT IS NOT INTENDED TO AND SHOULD NOT BE CONSTRUED TO EXPAND POLICY COVERAGE BEYOND THAT WHICH WOULD OTHERWISE BE AFFORDED TO THAT PERSON OR ORGANIZATION UNDER SUBPARAGRAPH C. OF SECTION 11, PARAGRAPH A.1 WHO IS AN INSURED. POLICY NUMBER INSURED EFFECTIVE AICA48890905 NOISE CONTROL CORPORATION 911109 INSURANCE COMPANY PRODUCER Aon Risk Insurance Services West,Inc. OLD REPUBLIC GENERAL INS CORP COUNTERSIGNATURE OF AUTHORIZED AGENT AI-AUTO.DOT D: 06106/95 COMIMERCIAL GENERAL LIABILITY CG 20 37 0704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMNffiRCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAJVffi OF ADDITIONAL INSURED PERSON(s) OR ORGANIZATION(s): City of Redlands Municipal Utilities and Engineering Dept Lo-cation/Re: Noise Control Panels at the City of Redlands'Fillib Reservoir Site Information required to complete this Schedule,if not shown above,will be shown in the Declarations, Section H—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"or "property damage"caused,in whole or in part,by"your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products-completed operations hazard". PRIMARY CLAUS19- SUCH INSURANCE AS IS AFFORDED By THIS ENDORSE, NT FOR THE ADDITIONAL INSURED SHALL APPLY AS PRI HI ME MARY INSURANCE ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED OR ITS OFFICERS AND EMPLOYEES SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THE INSURANCE AFFORDED BY THIS ENDORSEMENT. POLICY NUMBER INSURED EFFECTIVE AICG48890905 NOISE CONTROL CORPORATION 911109 INSURANCE COMPANY PRODUCER AON RISK INSURANCE SERVICES WEST,INC. OLD REPUBLIC GENERAL INS CORP COUNTERSIGNATURE OF AUTHORIZED AGENT CG20370 0704.DOT ISO Properties,Inc.,2004 COMMERCIAL GENERAL LIABILITY CG 20 10 0704 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): City of Redlands Municipal Utilities and Engineering Dept Location/Re: Noise Control Panels at the City of Redlands'Fifth Reservoir Site Information required#o complete this Schedule,if no#spawn above,wilt be spawn in the Declarations. A. Section 11—Who Is An insured is amended to (1) All work, including materials, parts or equipment include as an additional insured the person(s)or furnished in connection with such work, on the organization(s)shown in the Schedule, but only project(other than service,maintenance or repairs)to with respect to liability for "bodily injury" be performed by or on behalf of the additional property damage" or "Personal and advertising insured(s) at the location of the covered operations injury"caused in whole or in part,by: has been completed; or 1 The I. Your acts or omission;or (2) That portion of"your work"Out of which the injury your actsbehor Omissions of those acting on or damage arises has been Put to its intended use by alf, any person or organization other than another contractor or subcontractor engaged in performing In the performance of your ongoing operations operations for a principal as a part of the same for the additional insured(s) at the location(s) project designated above. 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 alter. PRIMARY CLAUSE: SUCH INSURANCE AS IS AFFORDED By THIS ENDORSEMENT FOR THE ADDITIONAL INSURED SHALL"PLY AS PRIMARY INSURANCE. ANY OTHER INSURANCE ADDITIONAL INSURED OR ITS OFFICERS AND EMPLOYEES S MAINTAINED BY THE HALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THE INSURANCE AFFORDED BY THIS ENDORSEMENT X POLICY NUMBER INSURER EFFECTIVE AICG48890goS NOISE CONTROL CORPORATION 911109INSURANCE COMPANY AON RISK INSURANCE SERVICES WEST,INC.OLD REPUBLIC GENERAL IRIS CORP COUNTERSIGNATURE OF AUTHORIZED}AGENT l CG2010 0704.00T ISO Properties,Inc.,2004