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Con-Quest Contractors - 2014 Agreementt SECTION 00500 AGREEMENT EIGLEBERRY WATER SERVICE AND WATER MAIN REPLACEMENT PROJECT NUMBER 15 -PW -215 THIS AGREEMENT, made this ' day of �3 D ,4 t ✓ , 2014 by and between the City of Gilroy, hereinafter called the "City," and C.mn - mute t-- nhrcF.�rs hereinafter called the "Contractor." WITNESSETH: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the EIGLEBERRY WATER SERVICE AND WATER MAIN REPLACEMENT, PROJECT NO. 15 -PW -215, as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810 -2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents. 7/25/2014 Eigleberry Water Service and Water Main Replacement Project 15 - PW -215 SECTION 00500 -24 Article 3. Liquidated Damages. The City and the contractor recognize that the City will suffer substantial damages and significant financial loss as a result of the contractor's delays in performance of the work described in the contract documents. The City and the contractor hereby acknowledge and agree that the damages and financial loss sustained as a result of any such delays in performance will be extremely difficult and impractical to ascertain. Therefore, the City and contractor hereby agree that in the event of such delays in performance, the City shall be entitled to compensation by way of liquidated damages (and not penalty) for the detriment resulting therefrom in accordance with paragraph 00700 -6.5, liquidated damages, of the contract documents. The City and the contractor further agree that the amounts designated as liquidated damages are a reasonable estimate of the City's damages and financial loss in the event of any such delays in performance considering all of the circumstances existing as of the date of this agreement, including the relationship of such amounts to the range of harm to the City which reasonably could be anticipated as of the date of this agreement and the expectation that proof of actual damages would be extremely difficult and impractical. By initialing this paragraph below, the parties hereto signify their approval and consen o the terms of this article 3. 's itials Contractors Initials Article 4. Contract Price. In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents. Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and the following, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Invitation to Bid Instructions to Bidders 7/25/2014 Eigleberry Water Service and Water Main Replacement Project 15 - PW -215 SECTION 00500 -25 Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications (Caltrans) Technical Specifications Drawings Addenda, if any Executed Change Orders, if any Maintenance Bond Notice of Award Notice to Proceed Article 6. Miscellaneous. Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meanings set forth in Section 01090, References. Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City's sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents. Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, 7/25/2014 Eigleberry Water Service and Water Main Replacement Project 15 - PW -215 SECTION 00500 -26 agents or representatives of the City or its successor and assigns. In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a latent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. IN WITNESS HEREOF, this agreement has been executed on this2�' �/ day of TI(Q 21 f 1 Con -Quest Contractors, Inc. Name of Contractor Signature 6f City Signature of Contractor Paul N. Loukianoff - President Title of Signator ATTEST: Signature Title of Signator inn I (A I 1 fo� at C: Isar - O- l wa Title o Signator %� � CUs•. �: c� t e � ° -�'"'r * **END OF SECTION * ** Title o S nator 7/25/2014 Eigleberry Water Service and Water Main Replacement Project 15 - PW -215 SECTION 00500 -27 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Sarlia Ctarg ) On b-P_Qmbe r Zg 2c? 14 - before me, Sandrq E. N aoi A . I` off R/ Pub l I C , Date Here Insert Name and Title ol the Officer personally appeared of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(A whose nameA is /W6 subscribed to the within instrument and acknowledged to me thatjad/she/tw executed the same in /her /tW authorized capacity), and that by W/her /tiler signatureW on the instrument the person( , or the entity upon behalf of which the personal acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SANDRA E. NAVA WITNESS my hand and official seal. Commission * 2086119 Notary Public - Caldornia i Santa Clara County 3 Signature My Comm. Ex im Nov 11 2018 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Sec+fion DOSOO Agr- eerMnt Document Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Date: Alovewtber . 5. Z WL/ Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association - www.NationalNotary.org - 1- 800 -US NOTARY (1- 800 -876 -6827) Item #5907 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of ,.,. -_ San Francisco On 10/16/14 before me, Marie K. Castillo - Notary Public _ ................_. _ _-_...._ .......... -.._ ....... — Data Here limert Narne and Title of the Officer personally appeared Paul N. Loukianoff Nama� of Sigrter�rJ ' MARIE K. CASTILLO Commission N 1979591 =• Notary Public - California i Alameda County My Comm. Expires May 25, 2016 CML CODE $ 1189 who proved to me on the basis of satisfactory evidence to be the person(,$) whose nameW is/w6 subscribed to the within instrument and acknowledged to me that he /phe /tlyey executed the same in his /.�e6tl}eir authorized capacity(yes), and that by his/her/tVj t signature(s) on the instrument the personal, or the entity upon behalf of which the person�sYacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature:'— �1����`�^ ................. . ......................... . . . . . Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: The City of Gilroy -- Agreement Document Date: Signer(s) Other Than Named Above: __.___._...._ .. Capacity(ies) Claimed by Signer(s) Signer's Name: ........... ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Signer's Name: i:_:i Corporate Officer — Title(s): • Individual • Partner — ❑ Limited ❑ General Top of thumb here • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: 0 2010 Narlonai Notary Association - NationalNotary.org - 1- 800-US NOTARY (1- 800. 876.6827) item #5907 �`� °® CERTIFICATE OF LIABILITY INSURANCE 12/1 /2014 DATE 12/10/2014 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 certificate holder in lieu of such endorsement(s). PRODUCER LIC #OB29370 1 -415 -356 -3989 Edgewood Partners Insurance Center (EPIC) - CONTACT NAME:- Teri L. Koehler_ PHONE 415 -356 -3965 FAX 4 - AIC.No: E-MAIL teri.koehler @e icbrokers.com ADDRESS: P 135 Main Street, 21st Floor INSURERS AFFORDING COVERAGE- NAIC S San Francisco, CA 94105 INSURER A: NATIONAL UNION FIRE INS CO OF PITTS 19445 requests@epicbrokers.com INSURED INSURER B: GRANITE STATE INS CO 23809 Con -Quest Contractors, Inc. INSURER C: AGCS.MARINB INS CO 22837 INSURER D:. 290 Toland Street INSURER E: MED EXP Any one person) San Francisco, CA 94124 PERSONAL &ADV INJURY $1,000,000 INSURER F: COVERAGES CERTIFICATE NUMBER: 42282840 REVISION ;NUMBER: 42191534 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM /DDY.EFF MM,D� EXP - LIMITS A GENERAL LIABILITY X X GL5388331 07/01/1 07/01/15 EACH OCCURRENCE $ 1, 000, 000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx I OCCUR DAMAGE TO RENTED PREMISES Ea occurrence) 300, 000_ $ _. MED EXP Any one person) $ 5, 000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG .$2,000,,000 POLICY X PRO LOC $ B AUTOMOBILE LIABILITY X CAS1016.98 07/01/1 07/01/15 COMBINED SINGLE LIMIT accident) $1,000,000 X BODILY INJURY '(Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTYDAMAGE Peraccitlent $. HIRED AUTOS g NON -OWNED AUTOS A G UMBRELLA AS X OCCUR X BE015157281 07/01/1 07/01/15 EACH OCCURRENCE $ 10 000,400 X AGGREGATE $ 10 000,000 EXCESSLIAB CLAIMS -MADE DIED - _ _ _. _ RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY .PROPRIETOR /PARTNERIEXECUTIVE X WC034157337 07 /01 /1 07/01/15 X WCSTATU- ,0TH- ER - - ---— E.L. EACH ACCIDENT $ 1, 000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N /A E.L. DISEASE - EA EMPLOYE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS. below E.L. DISEASE - POLICY. LIMIT $. 110001000 C Bui er's Risk MX193063565 01/31/15 L it: 504, 0_ .DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 701, Additional. Remarks Schedule, if more space is required) Re: Job No. 58, Project No. 15 -PW -215 - EIGLEBERRY WATER SERVICE AND WATER MAIN REPLACEMENT City of Gilroy, its officers, elected or appointed officials, employees, agents and volunteers are included as additional insured as respects to General Liability on a primary and non- contributory basis, and Automobile Liability per the attached endorsements. General Liability and Workers' Compensation waiver of subrogation applies in favor of the additional insured(s) above, per the attached endorsements. 30 Days Written Notice of Cancellation for Non - Renewal and 10 Days Notice of Cancellation for Non - Payment of Premiums CERTIFICATE` HOLDER CANCELLATION ACORD 25 (2010/05) cmeclure 42282840 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Gilroy, its officers, elected or THE EXPIRATION DATE- THEREOF, NOTICE WILL BE DELIVERED IN appointed officials, employees, agents and volunteers ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Division 7351 Rosanna Street AUTHORIZED REPRESENTATIVE Gilroy, CA 95020{ USA ' ACORD 25 (2010/05) cmeclure 42282840 ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, cifeciive 12:01 A.M. 07/01/14 forms a part of policy No. GL5388331 issued to Con -Quest Contractors, fne. by National Union Fire Insurance Co. PA 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: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: City of Gilroy, its officers, elected or appointed officials, employees and volunteers LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: Project No. 15-PW -215 - Eigleberry Water Service and Water Main Replacement ADDITIONAL PREMIUM: (If No entry appears above, information required to complete this endorsement wall be shown in the Declarations as applicable to the endorsement.) SECTION It - WHO 1S AN INSURED is amended to include as an insured; The person or organization shown in the Schedule, but only with respect to liability, arisloo dut of "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 ". All other terms and conditions remain unchanged. uthotiz R preserrm U or i countersignature (i+i States Where Includes copyrighted material otApplicablei 97837 14/081 asurance Services office, Inc., with its permission. Page 1 of 1 ENDORSEMENT This endorsemenl, effective 12.01 A.M. 07/01/14 forms a part of policy Nc. GL5388331 issued to Con -Quest Contractors, Inc. by National Union nre Insurance Co of PA 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 FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Gilroy, its officers, elected or appointed officials, employees and volunteers (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) A. SECTION fl -WHO 1S AN INSURED is amended to include es an insured; The person or organization shown irr the schedule, but only with respect to liability arising out of your ongoino operations performed for that additional insured. B. With respect to the insurance afforded to these additional Insureds, SECTION I COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2_ - Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury" or "property damage" occurring after: Ill 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 insuredts) at the site of the covered operations has been completed; at, Ill 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. All other terms and conditions remain unchanged. u1norized }re ~ r Represe?ttoti}re br-- ountersfggnature iin Strait Where 97838 (4108) Applicable} �. f Page 1 of 1 includes copyrighted material of fisurence Services Office. Mc., vilh iW permission Policy NO- GL5388331 1. STATE OR POLITICAL SUBDIVISION - PERMITS Any State or Political Subdivision, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage" or" personal and advertising injury" arising out of operations performed for the state or municipality; or b. "Bodily injury" or "property damage" included within the "products - completed operations hazard ". * * * * * * 11. PRIMARY INSURANCE - ADDITIONAL INSUREDS Where persons or organizations have been added to your policy as additional insureds to comply with insurance requirements of written contracts mandating primary coverage for such additional insureds relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products - completed operations hazard, then with respect to these additional insureds as defined above in this Section only, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. - Other Insurance, a. - Primary Insurance, is deleted in its entirety and replaced with the following: This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured to comply with insurance requirements of written contracts mandating primary coverage for such additional insureds relative to (a) the performance of your ongoing operations for the additional insureds, or (b) "your work" performed for the additional insureds and included in the "products - completed operations hazard. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured of the other similar insurance. We will not require contribution of limits from the other similar insurance if the insurance afforded is primary. III. INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE SECTION II - WHO IS AN INSURED, 2. a. (1) (d) is deleted in its entirety and replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services, except for "bodily injury" arising out of "Incidental Medical Malpractice Injury" by any physician, dentist, nurse or other medical practitioner employed or retained by you unless such "bodily injury" is covered by another primary policy. However, the insurance provided hereunder to such persons will not apply to liability arising out of services performed outside of the scope of their duties as your "employees." Any series of continuous, repeated or related acts will be treated as the occurrence of a single negligent professional healthcare service, which will be assignable to the same policy and policy year in which the originating act occurred. SECTION V - DEFINITIONS - is amended to add: "Incidental Medical Malpractice Injury" means "Bodily Injury" arising out of the rendering of or failure to render the following services: 100983 (2/09) Page 3 of 7 POLICY NUMBER: GL5388331 COMMERCIAL GENERAL LIABILITY CG 24 0411 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: city of Gilroy, its officers, elected or appointed officials, employees, agents and volunteers 7351 Rosanna Street Gilroy, CA 95020 USA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. CG 24 04 11 85 Copyright, Insurance Services Office, Inc., 1984 POLICY* CAS101698 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 07/01/14 Countersigned By: Named Insured:�/i, Con -Quest Contractors, Inc. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): City of Gilroy, its officers, elected or appointed officials, employees, agents and volunteers 7351 Rosanna Street Gilroy, CA 95020 USA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Forma CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 ENDORSEMENT No. This endorsement, effective 12-01 AM: 07/01/2014 Forms a part of policy no: BE015157281 Issued to: Con -Quest Contractors, Inc. By: National Union Fire Insurance Company of Pittsburgh Prime Expresssm Additional Insured Endorsement -- Primary and Non - Contributory This policy is amended as follows: Section VII. DEFINITIONS, Paragraph N. is amended to include the following additional provision: Insured means: City of Gilroy, its officers, elected or appointed officials, employees, agents and volunteers 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 is an additional insured on your policy, but only if such person or organization is included under the coverage provided by Scheduled Underlying Insurance. Such person or organization is an additional insured only with respect to liability arising out of Your Work at the location(s) designated in such contract or agreement This provision does not apply to liability arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. Coverage afforded to these additional insured parties will be primary to, and non - contributory with, any other insurance available to that person or organization. All other terms, definitions, conditions, and exclusions of this policy remain unchanged. 105514 (5/10) AN 2894 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 12:01 AM 07/01/14 Issued to: Con -Quest Contractors, Inc. $y: NATIONAL ANION FIRS INS CO OF PITTS Premium: INCL forms a part of Policy No. NCO 34157337 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Gilroy, its officers, elected or appointed officials, employees, agents and volunteers Public Works Division 7351 Rosanna Street Gilroy, CA 95020 Job Description Job No. 58, Project No. 15 -PW -215 - EIGLESERRY WATER SERVICE AND WATER MAIN REPLACEMENT WC 04 03 06 Countersigned by j + (Ed. 4 -84) Authorized Representative