HomeMy WebLinkAboutSpeedy Clean Drain & Sewer 9/29/2014 CITY OF OSHKOSH
DEPARTMENT OF PUBLIC WORKS
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920) 236-5065 FAX (920)236-5068
LETTER OF TRANSMITTAL
To: Mr. William Peotter Date: September 29, 2014
Speedy Clean Drain & Sewer Sub�ect: Executed Agreement
1380 Earl Street Jet Flushing &Televising Laterals
Menasha, WI 54952
Please find: � Attached ❑ Under Separate Cover
❑ Copy of Letter � Contracts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantit Description
1 Executed A reement
These are being transmitted as indicated below:
❑ For Approval � For Your Use ❑ As Requested ❑ For Review 8�Comment
Remarks:
Enclosed is a copy of the executed agreement for the jet flushing and televising laterals services. A
City of Oshkosh Purchase Order wiil follow shortly. Please reference this Purchase Order number on
ail of your invoices.
If you have any questions, please contact us.
City Attorney's Office— Copy
City Clerk's Office — Original
cc: _ File —Original Signed:
Tra . Taylor
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AGREEMENT
T�'�
This AGREEMENT, made on the 2`� day of 5� , 2014, by
and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as
CITY, and SPEEDY CLEAN DRAIN & SEWER, 1380 Earl Street, Menasha, WI 54952,
party of the second part, hereinafter referred to as the CONSULTANT,
WITNESSETH:
That the CITY and the CONSULTANT, for the consideration hereinafter named,
enter into the following AGREEMENT for JET FLUSHING AND TELEVISING
LATERALS SERVICES.
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The CONSULTANT shall assign the
following individual to manage the PROJECT described in this AGREEMENT:
William Peotter— President/Owner
B. Changes in Project Manager. The CITY shall have the right to approve or
disapprove of any proposed change from the individual named above as Project
Manager. The CITY shall be provided with a resume or other information for any
proposed substitute and shall be given the opportunity to interview that person prior to
any proposed change.
ARTICLE II. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the PROJECT
described in this AGREEMENT:
Pete Gulbronson, P.E. — Civil Engineering Supervisor
ARTICLE III. SCOPE OF WORK
The CONSULTANT shall provide the services described in the CONSULTANT's
Quote. CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for
perFormance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT.
All reports, drawings, specifications, computer files, field data, notes, and other
documents and instruments prepared by the CONSULTANT as instruments of service
shall remain the property of the CITY.
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ARTICLE IV. STANDARD OF CARE
The standard of care applicable to CONSULTANT's services will be the degree
of skill and diligence normally employed by professional consultants or consultants
performing the same or similar services at the time said services are performed.
CONSULTANT will re-perform any services not meeting this standard without additional
compensation.
ARTICLE V. CITY RESPONSIBILITIES
The CITY shall furnish, at the CONSULTANT's request, such information as is
needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is
reasonably obtainable from City records.
To prevent any unreasonable delay in the CONSULTANT's work, the CITY will
examine all reports and other documents and will make any authorizations necessary to
proceed with work within a reasonable time period.
ARTICLE VI. TIME OF COMPLETION
The work to be performed under this AGREEMENT shall be commenced and the
work completed within the time limits as agreed upon in the CONSULTANT's Quote.
The CONSULTANT shall perform the services under this AGREEMENT with
reasonable diligence and expediency consistent with sound professional practices. The
CITY agrees that the CONSULTANT is not responsible for damages arising directly or
indirectly from any delays for causes beyond the CONSULTANT's control. For the
purposes of this AGREEMENT, such causes include, but are not limited to, strikes or
other labor disputes, severe weather disruptions or other natural disasters, failure of
perFormance by the CITY, or discovery of any hazardous substances or differing site
conditions. If the delays resulting from any such causes increase the time required by
the CONSULTANT to perform its services in an orderly and efficient manner, the
CONSULTANT shall be entitled to an equitable adjustment in schedule.
ARTICLE VII. COMPONENT PARTS OF THE AGREEMENT
This AGREEMENT consists of the following component parts, all of which are as
fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if
hereto attached:
1. This Instrument
2. CONSULTANT's Quote dated September 16, 2014 and attached hereto
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In the event that any provision in any of the above component parts of this
AGREEMENT conflicts with any provision in any other of the component parts, the
provision in the component part first enumerated above shall govern over any other
component part which follows it numerically except as may be otherwise specifically
stated.
ARTICLE VIII. PAYMENT
A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the
performance of the AGREEMENT the total sum as set forth below, adjusted by any
changes hereafter mutually agreed upon in writing by the parties hereto:
• Time and Materials Not to Exceed $4,500 (Four Thousand Five Hundred
Dollars).
B. Method of Payment. The CONSULTANT shall submit itemized monthly
statements for services. The CITY shall pay the CONSULTANT within thirty (30)
calendar days after receipt of such statement. If any statement amount is disputed, the
CITY may withhold payment of such amount and shall provide to CONSULTANT a
statement as to the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set
forth in a written amendment to this AGREEMENT executed by both parties prior to
proceeding with the work covered under the subject amendment.
ARTICLE IX. HOLD HARMLESS
The CONSULTANT covenants and agrees to protect and hold the City of
Oshkosh harmless against all actions, claims, and demands which may be to the
proportionate extent caused by or result from the intentional or negligent acts of the
CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors
related however remotely to the performance of this AGREEMENT or be caused or
result from any violation of any law or administrative regulation, and shall indemnify or
refund to the CITY all sums including court costs, attorney fees, and punitive damages
which the CITY may be obliged or adjudged to pay on any such claims or demands
within thirty (30) days of the date of the CITY's written demand for indemnification or
refund for those actions, claim, and demands caused by or resulting from intentional or
negligent acts as specified in this paragraph.
Subject to any limitations contained in Sec. 893.80 and any similar statute, of the
Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any
and all liability, including claims, demands, losses, costs, damages, and expenses of
every kind and description (including death), or damages to person or property arising
out of re-use of the documents without consent where such liability is founded upon or
grows out of the acts or omission of any of the officers, employees or agents of the City
of Oshkosh while acting within the scope of their employment.
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ARTICLE X. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh /nsurance
Requirements.
ARTICLE XI. TERMINATION
A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper
manner any of the obligations under this AGREEMENT, the CITY shall have the right to
terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the
CONSULTANT shall be entitled to compensation for any satisfactory, usable work
completed.
B. For Convenience. The CITY may terminate this AGREEMENT at any time
by giving written notice to the CONSULTANT no later than ten (10) calendar days
before the termination date. If the CITY terminates under this paragraph, then the
CONSULTANT shall be entitled to compensation for any satisfactory work performed to
the date of termination.
This document and any specified attachments contain all terms and conditions of
the AGREEMENT and any alteration thereto shall be invalid unless made in writing,
signed by both parties and incorporated as an amendment to this AGREEMENT.
ARTICLE XII. RE-USE OF PROJECT DOCUMENTS
All reports, drawings, specifications, documents, and other deliverables of
CONSULTANT, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. CITY agrees to
indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors,
and affiliated corporations from all claims, damages, losses, and costs, including, but
not limited to, litigation expenses and attorney's fees arising out of or related to the
unauthorized re-use, change, or alteration of these project documents.
ARTICLE XIII. SUSPENSION DELAY OR INTERRUPTION OF WORK
CITY may suspend, delay, or interrupt the services of CONSULTANT for the
convenience of CITY. In such event, CONSULTANT's contract price and schedule shall
be equitably adjusted.
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ARTICLE XIV. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other than CITY and
CONSULTANT and has no third-party beneficiaries.
In the Presence of: CONSULTANT
,
By:
(Seal of Consultant (Specify Title)
if a Corporation.) ,`
By:
(Speci T le)
CITY OF OSHKOSH
_�.:d ��.�-�,. gy: /���_..,�---�<.�r,y���
(Witness) Mark A. Rohloff, City Manager
_ 3
� �
, - ` ti �
,�. � ' 1 i .-
j� � �
�4.:d i��'� And: � �-�.� ...��
(Witness) Pamela R. Ubrig, City Cle�f
AP_ ROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
ity Atto
� ,
City omptroller
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` D RAI N & S EW'E R 1380 EARL STREET • MENASHA WI 54952 • 920.734.4707 • 800.371.4707
,,� ,,
� � �,
INOUSTRIAI. September 16, 2014
.
RES.IDE�ITIAL, City of Oshkosh
�°� � �� Attn: Pete
.
� � � � M U N 1 C I PAL 3 � � RE: Jet flush and televise laterals
� ,
�OMMERCIAL , Per your request, the following is a quote for jet
� flushing and televising 4 or 5 laterals after a water main
� � � � � � break.
° Scope of Work Discussed:
�� � Pre and post televising and Jet flush 4 or 5
laterals to the city sewer to remove gravel and
° debris from lateral.
� � Pricing Quote as discussed:
` � Cost is based on an hourly rate of$225.00/hr. and
.
includes televising and jet flushing gravel and debris
from lines and a DVD or flash drive showing before
r . � a and after video. Average time to clean and televise
"�' each line is approximately two (2) hours.
,
� � ,u
������' �� �� Availabilitv:
� £, As Soon as you give approval to go ahead with the work
we can work out the schedule with you; work to be
�� �� completed as requested.
� �
.
Thank You,
� � �
,� �l k �� ��� '; ,y William Peotter
, � Speedy Clean Drain & Sewer, Inc.
� '
YO UR
� �� FULC SERVICE '��
,
DRAIN & SEWER '
� � PROFL�SSIONAL x �� �
��
�
'4`�„°�R°� CERTIFICATE OF LIABILITY INSURANCE 9/18/2014 '
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
certifcate holder in Ifeu of such endorsement(s).
PRODUCER CONTACT L1Sd Mtl@112L CISR
NAME: �
Hierl Insurance, ZAC PHONE . (g20)921-5921 F� . (920)921-6239
258 South Main Street RECEIVEp E-M^i� .lmueller@hierl.com
P. O. BOX 94 9 INSURER S AFFORDING COVERAGE NAIC#
Fond du Lac WI 54935 iNSUaeRn:Cincinnati Insurance Com an 10677
INSURED c[P 2 INSURERB:SOClEt Insurance
Speedy Clean, Inc. JL INSURER C:
1380 Earl Street DEPT OF P�g�IC W�SI INSURERD:
SHKOSH� WISCO INSURERE:
Menasha WI 54952� INSURER F:
COVERAGES CERTIFICATE NUMBER:CL1462600980 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 WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE POLICY NUMBER MMIDD MM DD LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1�OOO�OOO
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ $OO�OOO
A CLAIMS-MADE �OCCUR X PP0081072 6/29/2019 6/29/2015 MED EXP(My one person) $ 10,000
PERSONAL&ADV INJURY $ 1�OOO�OOO
GENERAL AGGREGATE $ 3�OOO�OOO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2�OOO�OOO
POLICY X PR� LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
Eaaccident 1 ��� 0��
A X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED X PP0081072 /29/2014 6/29/2015 gODILY INJURY(Per accident) $
AUTOS AUTOS
HIRED AUTOS NON-OWNED PROPERTY DAMAGE $
AUTOS Per accident
Underinsured motorist $ 1 000 000
X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 6�OOO�OOO
A EXCESS LIAB CLAIMS-MADE AGGREGATE $ E)�OOO�OOO
DED X RETENTION$ 0 X PP0081072 6/29/2014 6/29/2015 $
$ WORKERS COMPENSATION X WC STATU- OTH-
AND EMPLOYERS'LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCIDENT $ ZOO OOO
OFFICER/MEMBER EXCLUDED? � N�A
(Mandatory In NH) C908703 6/29/2014 6/29/2015 E.L.DISEASE-EA EMPLOYE $ 100 000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ J�OO OOO
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 701,Additional Remarks Schedule,if more space is required)
Contract Name: Newport Avenue Water Main Project
Additional insured per attached endorsements
CERTIFICATE HOLDER CANCELLATION
pgulbronson@ci.oshkosh.t,ti. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
C1t57 of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS.
215 Church Avenue
Oshkosh, w1 54903 AUTHORIZEDREPRESENTATIVE
S Smeaton, CIC, CRM/P �
ACORD 25(2010/05) O 1988-2010 ACORD CORPORATION. All rights reserved.
INCMS�on.nnnn� T�.., ernon..............i�........�.....,.....a..�..�_...�i.....t wnr�nn
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTOMATIC ADDITI�}NAL INSURED - 1NHEN
REQUIRED IN CONTRACT OR AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIA8ILITY CQVERAGE PART
1. SECTION II - WH� IS AN INSURED, 2. is 2. Conformance to Specific Writlen Con-
amended to include: iract or Agreement
e. Any person or organization, hereinafter If a written contract or agreement be-
referred to as ADDITIONAL 1NSURED: tween you and the additional insured
(1) Who or which is not specifically speci�ies that coverage for fhe additional
named as an additional insured un- insured:
der any other provision of, or en- a. Be provided by the Insurancs Sero-
dorssment added to, t�is Coverage ices Office additionai insured form
Part;and number CG 20 10 or CG 20 37
(2) For whom you are required to add as (where edition spscifiad);or
an additional insured on this Cover- b. Includs coverage for completed op-
age Part erations;or
under: c. Include coverage for"your work';
(1) A written contract or agrsement;or and where the limits or coverage pro-
(2) An oral agreement or contract where vided to the additional insured is more rs-
a certificate of insurance showing strictive than was specifically required in
that person or organization as an that writtsn contract or agreement, ths
additional insured has been issued; tsrms of Paragraphs 3., 4.a.{2) and / or
4.b., or any combination thereof, of this
but only with respect to [iability arising out endorsement shafl be interpreted as pro-
of "your work" performed for that addi- viding the limits or coverage required by
tional insured by you or on your behalf. A the terms of the written contract or
person or organization's status as an in- agreement, but only to the extenk that
sured undsr this endorsement continues such limits or coverage is ir�cluded within
for only the period of time required by the the terms of the Coverage Part to which
written contract or agreement, but in no this endorsement is attached. If, how-
event beyond the expiration date of this ever, the written contract or agreement
Coverage Part. If there is no written con- specifies ths Insurance Services Office
tract or agreement, or if no period of time addi�onal insured form number CG 2010
is rsquired by the written contract or but does not specify which edition, or
agrsement, a person or organization's specifies an edition that does not exist,
status as an insured under this endorse- Paragraphs 3. and 4.a,(2) of this en-
rrzent ends when your operations for that dorsement shall not apply and Paragraph
insured are completed. 4.b.of this endorsement shall apply.
2. 5ECTION IV - COMMERCtAL GENERAL 3. SECTION IIf - LIMITS OF INSURANCE is
LIAB(LITY CONDITIONS is amended to in- amended to include:
clude: The limits applicable to the additional insured
1. Automatic Additional Insured Provision ars those specified in the written contract or
agreement or in the Declarations of this Cov-
The written or oral contract or agreement erage Part,whichever are fess. If no limits are
must be currently in effect or become ef- specified in the written contract or agreement,
fective during the term of this Coverage or if there is no written contract or agreement,
Part. The contract or agreement also the limits applicable to the additional insured
must be executed prior to the "bodily in- are those specified in the Declarations of this
jury","property damage"or"personal and Coverage Part. The limits of insurance are in-
advertising injury" to which this endorse- clusive of and not in addition to the Iimits of
ment pertains. insurance shown in the Declarations.
fncludes copyrighted material of Insurance
GA 47210 01 Services Office, lnc.,with its permission. Page 1 of 2
4. 7he following are added to SECTION I - c. "Bodily injury" or "property damage" aris-
CQVERAGES, COVERAGE A. BODILY ing out of"your work"for which a consoli-
INJURY AND PROPERTY DAMAGE , dated (wrap-up) insurance program has
LIABILITII, 2. Exclusions and SECTION I - besn provided by the prime contractor /
COVERAGES, COVERAGE B. PERSONAL project manager or owner of the con-
AND ADVERTISING INJURY LIABILITY, 2. struction project in which you are in-
Exclusions: volved.
The insurance provided to the additional in- 5. SECTION N - COMM�RCIAL GENERAL
sured does nat appty to: LIABILfTY CONDITIC7NS,5.Other Insurance
a. "Bodily injury", "property damage" or is amended to includs:
"personal and advertising injury" arismg a. Whsre required by a written contract or
out of the: agreement, this insurance is primary and
/or noncontributory as respects any other
(f) Rendering of, or faiiure to rsnder, insurance policy issued to the additional
any professional architectural, engi- insured, and such other insurance pokicy
neer"sng or surveying services, in- shall be excess and /or noncontributing,
cluding: whichever applies,with this insurance.
{a� The preparing, approving or b. Any insurance provided by this endorse-
failing to prepare or approve ment shall be primary to other insurance
maps, shop drawings, opinions, available to the additional insured except:
reports, suroeys, field ordsrs,
change orders or drawings and (1) As otherwise provided in SECT(ON
specifications;and IV - C�MMERCIAL GENERAL
b Su erviso ins ection, archi- uABILITY CONDITIONS, 5. 01her
� ) p rY� P Insurance,b. Excess Insurance;or
tectural or engineering activities;
2) Sole ne li ence or willful misconduct (2} For any othsr valid and collectible in-
� 9�9 surance available to the additional
of, or for defects in design furnished insured as an additional insured by
by, the additional insured or its "em- attachment of an endorsement to
ployees". another insurance policy that is writ-
b. "Bodily injury" or "property damage" aris- ten on an excess basis. In such
ing out of "your work" included in the case, the coverage provided undsr
"products-completed opera#ions hazard". this endorsement shall also be ex-
cess.
Inc{udes copyrighted makerial of Insurance
GA 47210 Oi Services�ffice, Inc.,with its permission. Page 2 of 2
THIS ENDQRSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
AUTOMAT(C NQN-CONTRIBUTORY COVERAGE
ENDQRSEMENT - VI/HERE REQUIRED BY WRlTTEN CONTRACT
This endorsement modifies insurance provided under ihe following:
COMMERCIAL UMBRELLA LtAB1LITY COVERAGE PART
SCHEDULE
LIMITS QF INSURANCE:
$ 5,000,000 Each Qccurrence Limit
$ 5,000 000 A re ate Limlt
CQMMERClAL UMBRELLA LIABlLITY COVERAGE FORM, US y01 and US 101 UM,Es amended as folfows:
A. SECTION Itl - I.IMITS OF INSURANCE is This exception to the Qther Insurance
amended to add the fo!lowing: Condition shall oniy apply if the applica-
7. For tl�e purposes of this endorsement ble "underlying insurance" applies on a
only, the Limits of Insurance stated in the "��on-contributory basis" for such "non-
Schedule of thls endorsement and de- �ontributory additional insured" and only
scribed below will apply on a "nor�- to the extent of the specific limits of insur-
contributory basis" within the parameters ance required in a wrltten contract on a
set forth in SECTION III - LIMl7S OF IN- non-contributory basis" that is in excess
SURANCE of ihe Coverage Part to which of the"underlying insurance".
this enclorsetnent is attached: 2. The following cond(tion is added:
We will t�ot pay more on behalf of a "non- 15. As a precedent to the receipt of in-
contributory additional insured" than the surance coverage hereunder, the
lesser of: "non-contributory additlonal insured"
a. The Limits of Insurance stated in the must give written notice of such
Schedule of this endorsement;or c(aim or "suit", including a demand
for deiense and indemnity, to any
b. The limits of insurance required in a other insurer who had coverage for
written contract on a "non- the cfaim or "suit" under iis polEcies.
contributory basis" for such "non- Such notice must demand ihe fuN
contributory additiona! insurecf", but coverage available and the "non-
only to the exte»t tl�e required limits contributory additional insured" shall
of insurance are in ,excess of ihe not waive or limit such other avai!-
underlying insurance ;or able coverage.
c. 7he Limits of Insurance available This condition does not apply to the
after the payment o# "ultimate net "non-contributory additional in-
loss" on any insured's behalf from sured's"own insurance program.
any cfaim or"suit". C. SECTION !V - DEFINITi�NS is amended to
7his provision is included wi#hin and does add the following:
not act ta increase the Lim�ts of Insurance 30. "Non-contributory additional insured"
stated in the Declarations.
means any person or organization:
B. SECTION IV - CONDI710NS is amended as a, Quali g
follows: Iyin as an additional insured
under SECTlON II - WHO IS AN IN-
1. Condition 9. Qther Insurance is SUI�ED, Paragraph 3. of the Cover-
amended to add the fo�iowing: age Part to which ihis endorsement
It is agreed that this condition does not is attached;and
apply to the "non-contributory additional b. Being granted adciitiona! insured
insured's"own insurance program. sta#us on a "non-contributory basis"
it� the "under(ying insurance" as re-
fncludes copyrighted material of IS4
US 409610 10 Properties,lnc.,with its permission. Page 1 of 2
quired in a written contract between (3} The written contract requires a
the additionaE insured and a Named specific limit of insurance on a
Insured provided: "non-cor�tributory bas€s" that is
(1) 7he written contract would quai- ancecess of "underlying insur-. ;
��
ify as an "insured contract" un-
der the Coverage F'art to whicll 31. "Non-contributory basis" means tliat tE�e
this endorsement is attached; limits of insurance of the Coverage Part
and to wi�ich this endorsement is attached
apply to insured toss on bel�aif of the
{2) The written contract is executecE "non-contributory additional insured" prior
before ihe "occurrence" result- to limits of insurance from otl�er insur-
in� in "bodily injury", "pe�sona! ance in which the "non-contributory addi-
and advertising injury or prop- tional insured"is a named insured.
erty damage for which covsr-
��
ac�e is being sought under ihis
endorsement;and
Includes copyrighted material of ISO
US 40961010 Properties,Inc.,witli its permission, Fage 2 of 2