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15-1026_LEGEND PUMP & WELL SERVICE INC._Construction AgreementCONSTRUCTION AGREEMENT [Work Under $30,000] THIS AGREEMENT Is made, entered into, and shall become effective this'.-)(y' day ofcxj^, 2015, by and between the City of San Juan Capistrano (hereinafter referred to as the "City") and Legend Pump & Well Service Inc. (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the Rosenbaum Well Site Mechanical Repairs, and WHEREAS, Consultant Is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by the Consultant shall consist of those tasks as set forth in Exhibit 1, attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "1" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date and shall terminate, and all services required hereunder shall be completed, no later than six (6) months after the effective date. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $19,919.00 as set forth in Exhibit "1", attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City will pay monthly progress payments based on approved invoices in accordance with this Section. 1 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to the City. Invoices shall be addressed as provided for in Section 16 below. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of the City, and shall obtain no rights to any benefits which accrue to Agency's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to the City for the acts and omissions of its subcontractor as it Is for persons directly employed. Nothing contained In this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Chanqes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for In the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed; (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately Inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. Standard of Care. Consultant's services will be performed In accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently 2 practicing under similar conditions. Section 8. Time of Essence. Time Is of the essence in the performance of this Agreement. Section 9. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such Interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work. Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be In reproducible format, or in the format otherwise approved by the City in writing. Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any Individual or organization without prior written consent of the City. All such reports. Information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law. Consultant agrees to protect, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including reasonable attorneys' fees, for Injury or death of any person, or damages of any nature, including interference with use of property, arising out of, pertain to or relate to the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's 3 responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of Its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of Indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with Insurers and under forms of Insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all Insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Insurers in good standing with the State of Callfomia and having a minimum Best's Guide Rating of A- Glass VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non- owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Workers' Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Workers' Compensation Employer's Liability Insurance In the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self-retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insured as respects each of the following: Liability arising out of 4 activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, Its officers, employees, agents, or volunteers. 14.5 Notice of Cancellation/Termination of insurance. The above policy/policies shall not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 14.6 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.7 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: Thom Coughran Interim Public Works & Utilities Director To Consultant: Legend Pump & Well Service Inc. 1324 W. Rialto Avenue San Bernardino, CA 92410 Attn: Keith Collier, President. 5 Section 17. Prevailing Wages. The City has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR'S compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq.. Including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR. Effective March 1,2015, if the services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuantto Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Section 18. Dispute Resolution. In the event of a dispute arising between the parties regarding performance or interpretation of this Agreement, the dispute shall be resolved by binding arbitration under the auspices of the Judicial Arbitration and Mediation Service ("JAMS"). Section 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. Section 20. Counterparts. This agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and has the same force and effect as if they were original signatures. [SIGNATURE PAGE FOLLOWS] 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISl ^'^«>.A<v) "OT-r^^^ptfifuiU^^m^City Manager LEGEND PUMP & WELL SERVICE INC. MarigJWbiyjs, 'City Cle APPROVED AS TO FORM: Jeff efallinger, City Attorney By: 7 / IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF SAN JUAN CAPISTRANO By: : Keith Till, Interim City Manager LEGEND PUMP & WELL SERVICE INC. ATTEST: Maria Morris, City Clerk APPROVED AS TO FORM: Jeff Ballinger, City Attorney 7 Legend Pump & Well Ser\/iceiNc. Lie. # 964537 Julys, 2015 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, Ca. 92675 Attn. Mike Marquis RE: Rosenbaum Well 1 Repair/Replace Pump Equipment Legend Pump & Weil Service, Inc., is pleased to provide this "Summary and Quote" to the City of San Juan Capistrano for work to repair the pumping equipment. FINDINGS Upon teardown and inspection of the pumping equipment we found the American-Marsh pump to be damaged beyond repair. The motor bracket is almost entirely coiToded. Six of the 7 impellers have a bent shroud and damaged impeller skirt. The 4 pole submersible motor is old, coixoded and not worth reinstalling. The 6" drop pipe is old and con-oded and must be replaced. The surface plate can be reconditioned and reinstalled. LABOR • Sand blast & epoxy coat surface plate $ 600.00 • Splice motor leads & cable, assemble with pump inside shroud $ 365.00 • Mob/demob to site, install equipment, start-up & tune $ 2,325.00 MATERIALS • 6" NPT X Certa-Lok SST top adapter $ 300.00 • 100 ft. of 6" PVC Certa-Lok $ 2,414.00 • 6" Certa-Lok x NPT SST bottom adapter $ 300.00 • New Grundfos sub. pump model 475S500-6A $ 5,380.00 • 50 HP, 8" Grundfos submersible motor MMS8000 $ 6,333.00 • 12" X 8' PVC motor shroud with collar $ 1,278.00 • 120 ft. of #4 Sub. Cable & splice kit $ 464.00 • Miscellaneous materials (banding matl, bolts, gasket) $ 160.00 Total lump sum including tax & freight $ 19,919.00 If you have any questions regarding this matter please feel free to call. These prices are firm for 30 days, after such time it may be subject to review and/or possible change. Regards, Julio Martinez 1324 W. Rialto Ave. San Bernardino, CA 92410 Phone: (909)384-1000 Fax: (909)384-1001 Exhibit 1 CITY OF SAN JUAN CAPISTRANO THE PERSON, FIRM OR CORPORATION NAMED BELOW IS HEREBY CRANTED THIS UCENSE AS THE RECEIPT FOR FE^ PAID TO THE CITY OF SAN JUAN CAPISTRANO FOR THE BUSINESS DESCRIBED BELOW. FOR THE PERIOD INDICATED. GRANTING OF THIS CERTIFICATE DOES NOT ENTITLE THE HOLDER TO OPERATE OR MAINTAIN A BUSINESS IN VI0LATK3N OF ANY LAW OR ORDINANCE. THE CITY DOES NOT PASS ON THE Q'JALIRCATIONS OF THE HOLDER OF THIS CERTIRCATE. TYPE OF BUSINESS WATER t^'El UPUMP SERVICE BUSINESS CODE 73390 BUSINESS LOCATION 1324 WEST RIALTO AVENUE SAN BERNAWDINO CA 92410 LEGEND PUMP & WELL SERVICE. INC. 1324 WEST RIALTO AVENUE SAN BERNARDINO, CA 92410 POST IN A CONSPICUOUS PLACE BV_ BUSINESS PROFESSION AND TRADE UCENSE NUMBER 73390 EFFECTIVE DATE 12/05/2014 EXPIRATION DATE 12/31/2015 UCENSE FEES PAID $52-30 NON TRANSFERABLE CITY UCENSE COaECTOR A.CORtjr CERTIFICATE OF LiABILITY INSURANCE DATE (MM/DD/YYYY) 10/06/2015 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(les) 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 cerb'ficate holder In lieu of such endorsement(s). PRODUCER Atchley & Assoc. Insurance Services 7891 Mission Grove Pkwy Suite G Riverside, CA 92508 License #: 0156062 NAM™"^ Brandon Selden PRODUCER Atchley & Assoc. Insurance Services 7891 Mission Grove Pkwy Suite G Riverside, CA 92508 License #: 0156062 rilg.'fn.Rvtv (951)275-0340 KI^.NOI: (951)275-0254 PRODUCER Atchley & Assoc. Insurance Services 7891 Mission Grove Pkwy Suite G Riverside, CA 92508 License #: 0156062 ADDRESS: servlce@atchleylns.eom PRODUCER Atchley & Assoc. Insurance Services 7891 Mission Grove Pkwy Suite G Riverside, CA 92508 License #: 0156062 INSURER(S) AFFORDING COVERAGE NAIC# PRODUCER Atchley & Assoc. Insurance Services 7891 Mission Grove Pkwy Suite G Riverside, CA 92508 License #: 0156062 INSURER A: Atain Scecialitv Insurance Company 17159 INSURED Legend Pump &. Weii Service inc. 1324WRiaitc Ave San Bernardino, CA 92410-1611 INSURERS: Mercury Casuaity Company 11908 INSURED Legend Pump &. Weii Service inc. 1324WRiaitc Ave San Bernardino, CA 92410-1611 INSURER c: National Llabilltv & Fire Insurance Comoanv 20052 INSURED Legend Pump &. Weii Service inc. 1324WRiaitc Ave San Bernardino, CA 92410-1611 INSURER D: INSURED Legend Pump &. Weii Service inc. 1324WRiaitc Ave San Bernardino, CA 92410-1611 INSURER E: INSURED Legend Pump &. Weii Service inc. 1324WRiaitc Ave San Bernardino, CA 92410-1611 INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-10934 REVISION NUMBER: 59 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 ll!M>U'iVi4 POLICY NUMBER COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: PRO-JECT POLICY OTHER: LOC CiP265256 09/20/2015 09/20/2016 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one pereon) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG COMBINED SINGLE LlMrr (Ea accident) 2.000.000 100.000 5,000 1.000.000 2.000,000 $ 2,000,000 AUTOMOBILE LIABILITY CCA0017954 09/20/2015 09/20/2016 1.000.000 ANY AUTO ALLO\WNED AUTOS HIRED AUTOS BODILY INJURY (Per person) SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) iAMAGE UMBRELLA LIAB EXCESS LIAB DED OCCUR CLAIMS-MADE EACHOCCURRENDE AGGREGATE RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY y / N ANYPROPRIETOBff'ARTNERffiXECUTIVE OFFICERAJ EMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below V9WC665607 09/24/2015 09/24/2016 Y PER A I STATUTE OTH-ER 1,000,000 Y N/A E.L EACH ACCIDENT 1,000,000 E.L DISEASE-EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarlls Schedule, may be attached If more space Is required) Certificate holder, its officers, employees, agents, and volunteers is hereby named as additional insured *10 day notice of cancellation for nonpayment. CERTIFICATE HOLDER CANCELLATION City of San Juan Capristrano 34250 Paseo Adeianto San Juan Capristran, CA 92675 i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE lAHLL BE DELIVERED IN ACCORDANCE WIH THE POLICY PROVISIONS. City of San Juan Capristrano 34250 Paseo Adeianto San Juan Capristran, CA 92675 i AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Printed by BMS on October 06,2015 at 11:16AM THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV- BUSINESSS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights Of Recovery Against Others To Us, the following Is added: We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. 1V1CA04440913 THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO 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 modified by the endorsement. • The following Is added to the Section ll-Uablllty Coverage, Paragraph A.I. Who Is An Insured Provision: Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that is signed end executed by you before the "bodily .Injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this Insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Sectton II, MCA20480711 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTIO N AGREEM ENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing opera- tions when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional Insured on your policy. Such person or organization is an additional insured only with re- spect to liability for "bodily Injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by; 1, Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional Insured. However, the Insurance afforded to such additional insured; 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. B. With respectto the insurance afforded to these ad- ditional Insureds, the following additional exclu- sions apply; This insurance does not apply to: 1. "Bodily Injury", "property damage" or "personal and advertising Injury" arising out of the ren- dering of, or the failure to render, any profes- sional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders, change orders or drawings and specifications; or b. Supervisory, Inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, If the "occur- rence" which caused the "bodily Injury" or "prop- erty damage", or the offense which caused the "personal and advertising injury", involved the ren- dering of or the failure to render any professional architectural, engineering or surveying services. CG 20 33 04 13 Copyright, insurance Servfcae Office, Inc., 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. At! work, Including materials, parts or equipment furnished in connection with such work, on the project (other than serv- ice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project C. With respect to the Insurance afforded to these additional Insureds, the following is added to Sec- tion III - Lim its Of Insurance: The most we will pay on behalf of the add ttlona! in- sured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insur- ance shown in the Declarations; whichever Is less. This endorsement shall not increase the applicable Llnnits of Insurance shown In the Declarations. a 2 of 2 Copyright, Insurance Services Office, Inc., 2012 CG 20 33 04 13