HomeMy WebLinkAboutC2007-167 - 5/15/2007 - ApprovedUSE PRIVILEGE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
That the City of Corpus Christi, a Texas home rule municipal corporation, acting
through its duly authorized City Manager, George K. Noe, in accordance with Article I
Section 1, Corpus Christi City Charter, in consideration of Two Hundred and Ten Dollars
($210.00) to be paid by James A. Caplin, 1.[ ., dba Corpus Christi Allergy and Asthma
Center, ("Owner" or "Permittee" , of 2502 Morgan Avenue, Corpus Christi, Texas 78405,
the receipt of which is acknowledged, hereby grants, upon the conditions hereinafter
stated, unto said Permittee, a use privilege for the right to install, operate, repair, replace,
and maintain one private 4-inch PVC conduit with communication cable, ap ro im �tel 60-
y
feet linear feet across the Baylor Street public right-of-way, approximately 165 -feet north of
the Morgan Avenue public right -of -way; here and after known as "Use Privilege
Improvements" within the City of Corpus Christi, Nueces County, Texas, as shown on the
attached and incorporated Exhibit A.
TO HAVE AND TO HOLD the same unto Owner, its successors, and assigns,
together with the right under these conditions, at any time to enter upon the above
described right-of-way to maintain the Use Privilege Improvements, and it is further
understood that the use privilege is granted subject to Owner's compliance with the
following conditions:
A. This Use Privilege Agreement "Agreement" may be revoked at any time upon the
giving of 60 days notice in writing by the City of Corpus Christi's City Manager, or desi nee
("City Manager .
B. TO THE EXTENT PERMITTED BY LAW, OWNER COVENANTS TO FULLY
INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS
OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE
WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT
LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH
CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH
ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO
ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE
RIGHT-OF-WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION,
USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE USE
PRIVILEGE IMPROVEMENTS PURSUANT TO THIS AGREEMENT, ENT, INCLU IN G ANY
2007 -167
05/15/07
Ord027260
Caplin, James A., M. D.
CCAAC)
Page 1 of
INJURY, Y, Loss OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY
I UTOI Y
NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. OWNER MUST, AT ITS
OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO
THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON
ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES,
AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES
OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS,
DEMANDS, OR ACTIONS.
C. Owner must acquire and maintain commercial general liability insurance pertaining
to the Use Privilege Improvements and the activities related to the Use Privilege
Improvements authorized by this Agreement, in the minimum amounts set forth in the
attached and incorporated Exhibit D. The General Liability policy must name the City as
Additional Insured. Upon City Manager's written request, Owner shall provide copies of all
insurance policies to the City Attorney. Such policies may not be canceled, renewed, or
materially changed without 10 days advance written notice to the City's Director of
Development Services, or designee ("Asst. Director of Development Services ".
D. Owner's use of the Use Privilege Improvements must not interfere with City's
construction, operation, repair, replacement, or maintenance of any existing or future
proposed sidewalks, utility lines, or other uses. If City (or any other franchisee with utilities
currently located in said rights-of-way) needs access to the rights -of -way, Owner must pay
for removing or relocating the Use Privilege Improvements to allow access to the utility
lines for repair, replacement, or maintenance of the utility lines. The Owner must repair the
Use Privilege Improvements to their original condition or remove the Use Privilege
Improvements at which time this Agreement terminates immediately.
E. Owner must not close or barricade a public street, or any portion of the public street,
to install, repair, or maintain the Use Privilege Improvements until the Owner or his
contractor has filed an approved traffic control plan with City's Traffic Engineering Office,
five days prior to commencing construction.
F. Owner must pay to maintain or repair the Use Privilege Improvements at all times,
regardless of the type of damage that may occur, within 30 calendar days of notice of
damage to Owner. Failure to do so terminates this Use Privilege Agreement immediately.
G. Owner must comply with all applicable Federal, State, and local laws and
regulations, as may be amended.
H. Owner must not assign this Agreement without City's prior written consent.
Page 2 of
Use Privilege Agreement
Corpus Christi Allergy and Asthma Center (CCAAC)
1. Owner must submit a set of construction drawings with survey controls to the
Director of Development Services for all work proposed for the Improvements located
within the City of Corpus Christi and its extraterritorial jurisdiction, one month prior to the
start of construction. The plans will tie the centerline of the proposed Use Privilege
Improvements to the centerline of the Use Privilege Improvement Area. Any centerline
improvements will also be tied to the existing utility centerlines. The Owner must provide
the Director of Development Services with a complete depth profile, distance, and location
of its Improvements related to existing City utilities, other franchised utilities, and other
pipelines, that fall within all affected City right -of -way crossings. The Owner is advised that
outside wall of proposed Improvements must have a minimum outside wall to outside wall
horizontal distance separation as shown in the table below,
Water - 24" TimeWarner - 24" KMC - 24"
Wastewater - 24" SBC - 24" ICG - 24"
Gas - 24" AEP - 24" Expedius - 24,E
Storm water - 24" Grande - 24" Caprock - 24"
or, as specified in the Ordinance provisions authorizing this Use Privilege Agreement.
Owner must install, replace, repair, and maintain the Improvements so that no portion of
the conduit will be any shallower than 36- inches from existing ground or roadway
pavement, as shown on Exhibit "A ". The Owner mustprovidethesst. Director ofSpeial
Services Engineer with a 24"x36" size reproducible set of as -built drawings of the
Improvements within 60 days after completion of construction; failure to do so may result in
Owner's Use Privilege Agreement being terminated by the City.
J. Owner, at least 48 hours prior to beginning work, must give notice and verify depth
and location of all existing City Water, Wastewater, Gas, AEP, SBC, TimeWarner, and
Grande Communications lines, as well as Expedius, KMC, CSW, and CAPROCK,
communication fiber optic cables. Owner must also call the 1-800-DIG-TESS, Lone Star
Notification Center (1-800 -669-8344), and SBC (1-800-828-5127) for locations of existing
utilities at least 48 hours prior to the start of construction. A City Inspector may request a
utility line be uncovered to verify its depth or location.
K. City Wastewater Department has an existing 8 -inch sanitary sewer fine within the
Baylor Street public right -of -way, and will require that the Owner clean and televise
approximately 160-feet of the 8 -inch sanitary sewer line located between City manholes
after installation of the 4" PVC conduit and cable.
Page 3 of
Use Privilege Agreement
Corpus Christi Allergy and Asthma Center AA)
L. An Engineering Permit will be required, prior to any repair, replacement, or
maintenance of the Improvements. Owner must provide protection at all road crossings or
ditches, and Grantee must identify the method on the construction plans.
M, Owner will place and maintain line markers at the points where such Improvements
enter or leave a public street or drainage right- -way or other City property and as close as
practical over the 4-inch PVC conduit and communication cable. Such line markers must
be of permanent type construction bearing Owner's name and emergency telephone
number.
N. Owner must properly compact bakfill around existing utilities in accordance with the
City of Corpus Christi Standard Specifications, including City Water Distribution System
Standards.
0. If damage occurs to any gas, storm, water or wastewater line, as determined by the
City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and
allowed immediately to make all repairs. All City's costs (equipment) associated with the
repairs must be paid by the Permittee within 30 days of City Manager's invoice thereof.
City's representatives will determine the extent of damage and amount of repairs to the
utility line(s).
P. Work around any existing water main must be done under the inspection of a Water
Division Inspector at a daily rate of $301.31 for each day spent inspecting construction,
maintenance, repair, replacement or relocation of the Use Privilege Improvements
pursuant hereto. A half-day (4 hours) or more of work constitutes a whole working day for
purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or
Holidays, must be calculated at a daily rate of $56.49 an hour. Permittee must pay these
funds to the City of Corpus Christi, Water Department. These amounts will be adjusted
annually on August 1 to reflect any pay increase.
0. Owner must take every precaution not to disturb the soil surrounding any existing
water or wastewater line, including all thrust blocks.
R. Street open -cut will be permitted only by the Director of Development Services,
S. Damage to driveways, culverts, head walls and any other structure, public or private,
must be repaired by the Owner at his expense within 30 days after being notified of
damage to same.
T. Owner must not store or leave any equipment or material in City right-of-way
overnight.
Page 4 of
Use Privilege Agreement
Corpus Christi Allergy and Asthma Center AA)
U. Owner must notify Construction Inspection (361-88O3555) 48 hours prior to starting
work, and must have a representative present during backfilling and pavement repairs.
V. Owner must provide proper safety and security devices to prevent possible injuries
or accidents. No open trenches or pits are to be left overnight, All trenches must be
backfilled promptly, the bakfiHl properly compacted, surface restored, and the work done in
a neat and workmanlike manner.
W. If this Agreement terminates for any reason, then Owner shall remove all Use
Privilege Improvements from the Right -of -way within 60 days of termination.
X. Use of the fiber optic cable authorized by this Agreement (the "Fiber Optic Cable") is
strictly limited to serving facilities owned by the Permittee. If Permittee provides, or permits
anyone else (hereinafter called 'provider") to provide, service through the Fiber Optic Cable
to any facilities within the City owned by anyone, other than Permittee, to transport data or
communications that originate or terminate within the City, then:
Permittee or the provider shall first obtain a franchise from the City, unless:
a. the provider is a "certificated telecommunications provider," as defined in
Chapter 283, Local Government ent Code; or
b. the provider transmits data or communications which originates or
terminates within the City through a certificated telecommunications
provider; and
, in either case, all access fees are being paid for access lines under Chapter
283 by the certificated telecommunications provider.
Y. Permittee agrees that if any of Permittee's customers or any providers, including
their customers or providers, use the Fiber Optic Cable to transport data or
communications that originate or terminate within the City of Corpus Christi, for which (1)
the fees required by Chapter 283 of the Texas Local Government Code for use of the City's
rights-of-way have not been paid, or (2) a franchise was not obtained and the franchise
fees required by the City's charter or ordinance have not been paid, then Permittee shall
reimburse the City of Corpus Christi for any lost right -of -way fees or franchise fees.
NOTE: All references herein to Owner include Owner's contractor(s), agent(s), and
employee(s) if applicable.
IN TESTIMONY WHEREOF, F, the City ottc r us Christi has caused these presents
to be executed on this the day of 2007.
Use Privilege Agreement
Corpus Christi Allergy and Asthma Center (AA)
Page 5 of
ATTEST:
City Secretary
APPROVED:
day of IY'kLj
Ass rstanNCity Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
, 2007
CITY OF CORPUS CHRISTI
By:
eo . e K. Noe, City Manager
QL.C;jw2;:kL At3THl?R 1Lki
iY G4UNG1L 11 `, V 1„..
SECRET Rv
This instrument was acknowledged before me on
, 2007,
by George K. Noe, City Manager of the City of Corpus Christi a exas Municipal
Corporation, on behalf of said corporation.
No a
Public, State of Texas
Pageof7
Use Privilege Agreement
Corpus Christi Allergy and Asthma Center (CCAAC)
Y Connie Parks
My Commission Expir, ;
'' November 09, 2007
The above and foregoing USE PRIVILEGE ILEGE AG EEMEl T is accepted this the
day of fr 4,11 , 2007, by James A. Caplin, M. D., dba Corpus Christi Allergy
and Asthma Center, tft Permittee herein, and Permittee agrees to keep and perform the
conditions imposed by said Agreement and the Permittee is bound by all of the terms of
the same.
James A. Caplin, M. D.,
dba Corpus Christi Allergy and Asthma Center
By: ellae‘fP1:49r.
Name: Jams A. Caplin, M. D.
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ' - -! 2007,
James A. Caplin.
f i'
a.--- : 'ilk ) I": % t---1 ::-=-_-
1 . 7
'. `
r . %
. F .4~
,2 2-.6 \
Use Privilege Agreement
Corpus Christi Allergy and Asthma Center (CCAAC)
Notary Public, State o exas
Printed Name: P G. C'4 0-
Expiration Date:
Page 7 of 7
USE PRIVILEGE AGREEMENT
CORPUS CHRISTI ALLERGY AND ASTHMA CENTER
EXHIBIT A
1 OF
USE PRIVILEGE AGREEMENT
CORPUS CHRISTI ALLERGY AND ASTHMA CENTER
EXHIBIT A
2 OF 3
Sp4v4
ttiv gtfitiki
CA di
1/4301Jai p(0041-c
4
Cresiti
gov4)
USEPR!VILEGEAGREEMENT
CORPUS CHRISTI ALLERGY AND ASTHMA CENTER
EXHIBIT A
3 OF
EXHIBIT B
INSURANCE REQUIREMENTS
1. P R IITT E'S LIABILITY INSURANCE
A. Permittee must not commence work under this agreement until all insurance required herein has been
obtained and such insurance has been approved by the City. Permittee must not allow any
subcontractor to commence work until all similar insurance required of the subcontractor has been
obtained.
B. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance,
showing the following minimum coverage by insurance company(s) acceptable to the City's Risk
Manager. The City must be named as an additional insured for the General Liability policy and a
blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
1
MINIMUM INSURANCE COVERAGE
10-Day a Notice of Cancellation and a 30 – day notice of Bodily Injury and Property Damage
Non-renewal, Material Change or Termination required Per occurrence aggregate
on all certificates
Commercial General Liability including:
1. Commercial Form
2. Premises – Operations
1 Underground Hazard
4. Products/ Completed Operations Hazard
5. Contractual Liability
6. Broad Form Property Damage
7. Independent Contractors
AUTOMOBILE LIA ILIT — OWNED, NON- OWNED
OR RENTED
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
S1,000,000 COMBINED SINGLE LIMIT
1,000,000 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS
EXHIBIT
J
C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all
reports of such accidents at the same time that the reports are forwarded to any other interested parties.
Fiber Optic UPA ins. req.
8-27-03 ep Risk Mgmt.
EXHIBIT
1 OF
ADDITIONAL REQUIREMENTS
A. Permittee must obtain workers' compensation coverage through a licensed insurance company in
accordance with Texas law. The contract for coverage must be written on a policy and endorsements
approved by the Texas Department of Insurance. workers' compensation coverage must be in amounts
sufficient to assure that all workers' compensation obligations incurred by Pemiittee are promptly met.
B. Certificate of Insurance:
• The City of Corpus Christi must be named as an additional insured on the General liability
coverage and a blanket waiver of subrogation is required on all applicable policies.
• If your insurance company uses the standard AC RD form, the cancellation clause (bottom right)
must be amended by addi
CERTIFICATE
This that STATE FMM FIRE AND MANY. Bbarninglon. inois
sun FARM GENERAL INSURANCE COMPANY, Briankigiort, �
STATE PARM AND CASUALTY COMPANY, AGM,
STATE FARM FLORIDA INSUIVAICE COMPANY, Winter Ievali. Mackie
SATE FARM 110VDIL Maw TOM
insures be following policyholder
Pelkyholcier
Address of poWicklit
Locadon oper
. MSS A2t, ORA CORM CRUM Alirlasr & ASTMS =TER
20 licec 5547, warn . TIC 18465
25 *" a &vE
�t
'The Paltila hied baby have be leaved to libt pokyholder *tin periods mil. Wm Morino deed In time Feiss ;e subject
ID 111 *tom" tembisioas. Arid conclians and Polciss. The lob liebayillowninay hays teat feducadbyeny dime
P0uC1namIBER
Li OF LIAOLITY
fif PAW dod)
AND
FROMM PAMAGE
each Occurrence 10000w3
General IllOnNiate 1 2000000
g
Radicle— cairchted S 2000000
BODILY INJURY mapRoPeRrir
(combined SIngletimit)
Occurcenee 120U0000
200000
Pert I 0Afadterc Co
each Accident
teem -Eactifinplose•
Mom UNA
ISNOTA INSURANCE MD NEITIOR
AMOS, IECTEINIXON ALValgt THE =MAW Ammo eV Mr POLICY eiticamemoom
Nome and Address of C I
=MT= XtiST/RI0#
art or CORPUS cans=
2406 =PAM sit. /00
CORMS =LIM TX 79400
X14 ip Pfitibiliii USA. nag 0640-2061
f ay amoceled belore
• non clab. Staie Perm AMP, Smile
inNerrocloirtelheceingitiefkaiter direbet
iNicalever, we isomesucknotte.
beinpoiarivnftleferm
Oam
MI. Maw
Armitage
T* 3i -99,2-722
— manin A
NO Cede 1.111
EXHIBIT
3 OF
FACORD. CERTIFICATE OF LIABILITY INSURANCE
� ID �'�� �A��lll }E�IY"�
NCO -1 02/21/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER F INFORMATION
Swantner Gordon Ins. agcy-CC
P. G. Box 870
Corpus Christi TX 78403 -0870
Phone :361 -883 -1711 Fax :3 1 -844 -0101
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMENI , EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
Barcom Commercial, Inc,
5826 Bean n
Corpus Christi TX 78405
COVERAGES
INSURER A:
INSURER B:
INSURER C:
NAI
American CAS. CO. of goading
Nat'l Fire Mx. Co of Eartford
INSURER D:
INSURER E:
interstate Fire G Casualty Co.
fireman's rued insurance Co..
Landmark American �uranca
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW1TI- STANDIi'►IG
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOC NT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED I-EREIN I EJECT TO ALL THE TERMS, D(CI.0 ror s AT c'oNornnc i OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ikitff" TYPE OF INSURANCE POLICY NUMBER
GENERAL LIABILITY
COMI +ERCIAL GENERAL LIABILITY 2072376796
ME CMS MACC X I OCCUR
GEM. AGGREGATE LIMIT APPLIES PER:
POLICY n ACT LOC
AUTOMOBLE LIABLIT
-'r ' ' •
. i'l f. -1.
DATE DATE (MIVDDIYY)
09/12/06 09/12/07
• ANY AUTO 2070920989 09/12/06 09/12/07
ALA OWAED AUTOS
SCI- EDULED AUTOS
• HIRED AUTOS
• NoWrmD Auras
D
LIMITS
EACH OCCURRENCE
1, 0 0 , 0
PREEUI SEEa acctrance
$ 100,000
MLA EAnr orne 1'., . wont
$ 10 , 0 0 0
PERQh1AI<. $t ADI1 JN.�E lf'�'
$ 1,000,000
TL
_ .
GENERAL A+GCiRI�ATE
$2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
COMBINED SINGLE LIMIT j
t 1 r1 A n n ri n
BODILY !fumy
( person)
BODILY INJURY
(Par accident)
PROPERTY DAMAGE
(Per accident)
GARAGE LIABILITY - AUT ONL�f • ACCIDENT
ANY AUTO OTHER THAN EA ACC
AUTO ONLY: AGG
_
EXCESS/UMBRELLA S$ILiIBRELLA LIABILfTY EACH OCCNCE $ , 000 , 000
X OCCUR EJcLAJMSM4OC 2�0 0 0 4 09/12/06 AGREG1TE 5,000,000
DEDUCTIBLE - $
RETENTION $ -- - -
WORKERS COMPENSATION MID
EMPLOYERS' Lug �TiC2 � 7� 1 2 09/12/06
ANY PROPRIEroRIP CUTIVE
OFFICEr71MEMBER DXCLLJDED7
11 yss, describe t
SPECIAL PROVISIONS helve..
OTHER
Builders Risk
TT
TORY LIMFTS
• ■
E.L. E IACCIDI NT 1,000000
E.L. DISEASE - EA EMPLOYEE $ 1000000
E.L. DISEASE - POLICY LIMIT $ 1000 000
MSI978024 09/12/06
09/12/07
CERTIFICATE HOLDER
City of Corpus Christi
2406 Leopard Street
Corpus Christi TX 78408
ACRD 25 (2001/08)
CANCELLATION
CICC _C9 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL. ENDEAVOR TO MIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR mum' ' OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES,
�
ACOIAILORIffik
EXHIBIT B
4 OF
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, ED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurers} authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
EXHIBIT B
5 OF
ACORD 25 (2001108)
-,v
3
fyy
Excess Liability Limit: $10,000,000 Excess of $5,000,000.
Landmark /�American In uranc y
Policy o . LRA03560
Policy Period: 9/12/2006 to 9/12/2007
EXHIBIT B
6 OF
Additional Insured as required by written insured contract in favor of the
Certificate Holder applicable to General Liability.
Aver of Subrogation as required by written insured contract in favor of
the Certificate Holder applicable to Workers Compensation, General
Liability, and Auto Liability policies.
COp
EXHIBIT
OF
NUN MEI EMI
MAY . 3. 200? 1h26AM BARCOM NO. 1783 P. 5
CNA
3.11
(Ed. 01/01)
INSURED RI ThE EVENT OF OCCURRENCCONTAINS OFFENSE, W� SUIT . SEE PARAGRAPH S ADDITIONAL
Cpu OF THIS ENDORSEMBIIT FOR THESE DUTIES.
71-11S ENDORSEIIENT cHANGES THE FOIJCY. PL.EASE READ rr CAPIE?ULLYI
CONTRACTOR'S SCHEDULED AWE BLANkET ADD(TIONAL INSURED
ENDORSEMENT WITH PRODUCTS.COMPLETED OPERATIONS GOVERAGE
The endorsement modifies Inourenre provided under the following:
COMMIEflCUI. (i9JEWY. LIABA.RYCOYEHAGE PARE
SCHEDULE
Mime of Pan= or Diliblided
(Courage wider tile endonoinfintb not attested by on entry
A. WHO IS Aft MIRED (Siam II) 3s amended to
include as an insured any person ar orga:flafiori,
pidudlnp any person or orgenkdfon shown in the
eatipduls above, (called sdditicnal ineurod) whom you
are required b add 118 an additional insured on this
poky tinder a viltan contact or Mrliiart agreement;
but written vontraot orwrkNn agreement mud be
1. Guru!& in eft or becoming allocilve during tre
tam of ih ptcy; and
2. Executed prior to the lady Injury,' "prop
dew,' orpersonol and adveribleg
Insurance provided the teal
Ned as follows;
1. That poison or organization Is an addltIonal
kieured solely for liability due b your negligence
spedically resulting from °yo qr wc' for the
add Insured which is the mot of the
writ an Gondol or mince agroement. No
coverage apps to leblitly resulfirig from the auto
negligence of the additional Insured.
The Untie of Insurance applicable lo the
@donna mewed are those spooned in the
wrn fact or wry agr+ent or In the
Deobratione of Ns porky. whichever IS Is
Mega Limits of Insurance are Inclustia of, and not
In adclti i to, the Limits of insurance shown In the
Drams.
1 40311 1
* ON-1)
Of Nak of way in the Adele shoes)
. The coviragp provided to the additional Insured
by fie endomernerd and paragraph 1. of the
dellnition of "Insured oontraor under
DE MIN (Sedan do not apply to nbodIIy
Nur" or iproper age' wising out of Itie
nproduolsroompieted gyrations haunt unless
required by to Mien o3ntraot or write
agreement.
4, The inewanca provided to
dam not APPV to toe* ilure Nay
damage,' or "pew d adiferdsing WNW
y'
arising out of an engine, or
surveyor's rends or I&Iuw to render any
wiessional send knc[udna:
1. The preparing, approving, or WIN to papers
or approve mss. shop' drawings, opinions,
autveys, field j oniers, coo orders
or drawings and speollIcaliorig and
b. Supervisory, or Inspection saddles performed
as pert of am related archltectuml or
enginsering antivitlea,
C. As mots the ire provklad under this
endoisement, SWIM IV GENERAL LABILITY CONDITIONS us amended es
foam
1. The foilowing Is added io the Duties In The Eve
of Occutisrme, Offense, .Cisim or SW Condition:
Pa1ot
EXHIBIT
8 OF
MAY. • 3.2007 11:26AM BARCOM
e. M addflon'1 mixed under his indorsement
will as soon as practica6la:
(I) pivewrittan notice olen occurrence or an
offense to us which may result In a claim
or %dr under this Insurance; defense w 04 Tmdare eu hr demnitey oWf
also has kimaroo for a loss we MAW
wider tile Coverage Pat% end
t4 Agree to made callable eury ether
!neuron= why the addl6d1181 Insured
has for a fog we cower under this
Coverage Part
f. We have no duly to defend or Indemnify an
addtio na[ hatred under this endoraemeM
•
G14D931.11
(Ed. o1roi)
NO 1188 P. � 6
(Ed, Dil01)
uni we receive written nonce of a claim or
°sue from 1he addlortal Insured.
Z. Paragraph 4.b. of the Other Insurance CoodVon Is
deleted and roplaoadwNit the following
4. Odor Ineurance
b. Excess ininuinoe
This imams Is atom over aril *IN
Insurance naming the slalamf insured
es an Insured whether primary, axone,
contingent or on mg a%r ids unless a
written conoract or written agreement
spSdAalgr requlrps that Ws Insurance be
either primary or primer' and
noncontributing.
Pie 2 of
EXHIBIT B
9 OF