HomeMy WebLinkAboutApplied Ecological Services Endangered Species/Threatened Resources Assistance 2018 CITY OF OSHKOSH
DEPARTMENT OF PUBLIC WORKS
215 CHURCH AVENUE, P.O,BOX1130,OSHKOSH, WI 54903-1130
PHONE: (920)236-5065 FAX (920)236-5068
LETTER OF TRANSMITTAL
To: Genesis Michel. Date: November 19, 2018
Applied Ecological Services Subject: Executed A-reement for 201.9 CIP
PO Box 256 Endan eyed Species or Threatened
---------........
Brodhead, WI 53520 Resources Assistance
Please find: M Attached F-1 Under Separate Cover
F-1 Copy of Letter Contracts [:1 Amendment ❑ Report E:1 Agenda
[:1 Meeting Notes F-1 Photos F1 Mylars n Change Order El Plans
F-1 Specifications F1 Estimates El Diskette n Zip Disk ❑ Other
Quantity......---De_sgipti_on---------------------------------------------------------
1 -Executed Myreernent ...............
-—----—----------------------------------------------------------------------------------------------------------
These are being transmitted as indicated below:
n For Approval For Your Use ❑ As Requested E] For Review&Comment
Remarks:
Enclosed is the executed agreement for the 2019 CtP endangered species or threatened resources
assistance services. The updated Project Authorization form will be e-mailed to you shortly. This
form will need to be completed for each individual street your firm performs services for.
Please reference both Contract#2018-42 and each individual Project Authorization number on all of
your invoices.
If you have any questions, please contact us.
City Clerk's Office-Original
cc: File-Original Signed:
Tracy L.T y. r
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AGREEMENT
J Vt 1 11
This AGREEMENT, made on the _�L day of , 2018, by and
between the CITY OF OSHKOSIJ, party of the first part, hereinafter referred to as CITY,
and APPLIED ECOLOGICAL SERVICES, PO Box 256, Brodhead, WI 53520, party of the
second part, hereinafter referred to as the CONSULTANT,
W ITN ESSETH:
The CITY and the CONSULTANT, for the consideration hereinafter named, enter
into the following AGREEMENT for ENDANGERED SPECIES OR THREATENED
RESOURCES ASSISTANCE FOR CALENDAR YEAR 2019 CAPITAL IMPROVEMENT
PROJECTS.
ARTICLE I. PROTECT MANAGER
A. Assignment of Project Manager, The CONSULTANT shall assign the following
individual to manage the PROJECT described in this AGREEMENT:
Genesis M. Michel—Senior Ecologist
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 11. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the PROJECT described in
this AGREEMENT:
John Ferris, P.E. —Civil Engineering Supervisor
ARTICLE 111. SCOPE OF WORK
The CONSULTANT shall provide the general services described below:
0 On-call consulting to the CITY for compliance with Wisconsin Statute
23.27(3)(b):
o Certified Endangered Resource Reviews
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o Endangered Resource Surveys (only as needed, if required by the project)
• Assistance relative to Wisconsin Department of Natural Resources permits
that require clearance per Wisconsin Statute 23.27(3)(b):
0 Preparing Incidental Take (IT) Permit/Authorization applications
0 Developing conservation plans
0 Assisting the CITY to be sure that conditions of the IT Permit could be
met by the City of Oshkosh
This AGREEMENT is a General Services Master Agreement. Services needed will be
detailed further within individual task order Project Authorizations. A sample Project
Authorization form is attached to this AGREEMENT.
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
become property of the CITY upon payment for those documents by the CITY to the
CONSULTANT, and shall remain the property of the CITY.
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.
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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 each Project Aitthorizatioll,
The CONSULTANT shall perform the services under this AGREEMENT with
reasonable diligence and expediency consistent with sound professional practices. The
CITY agrees 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. Individual Project Atithorizatim Form
In the event 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 as set forth below, adjusted by any changes hereafter
mutually agreed upon in writing by the parties hereto:
• Time and Materials Not to Exceed $20,000 (Twenty Thousand Dollars).
Attached fee schedule(s) shall be firm for the duration of this AGREEMENT.
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B. Method of Payment. The CONSULTANT shall submit itemized monthly
staternents for services, All Project Atithorization. forms shall have a unique task code
assigned. All invoices shall clearly identify invoice amount per task code. 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.
D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell
phone charges, telephone charges, and equipment rental shall be considered overhead and
shall not be invoiced. separately to the PROJECT.
E. Expenses. Expenses may be billed with up to a maximum of 101% mark-Lip.
All invoices with expenses shall include supporting documentation of the expense. Failure
to include the supporting documentation will result in the reduction of payments by the
amount of those expense(s) not including documentation,
ARTICLE IX. HOLD HARMLESS
The CONSULTANT covenants
at-its and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims, and demands to the proportionate extent caused by or
resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her
agents or assigns, his/her employees, or his/her subcontractors related to the performance
of this AGREEMENT or be caused or result from any violation of any law or administrative
regulation, and shall indemnify to the CITY for all sums including Court costs, attorney fees,
and damages of any kind which the CITY may be obliged or adjudged to pay on any such
claims or demands upon 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 ornission 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 hisiiraiice
Requireiiients.
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 PROTECT 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. The 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
The CITY may suspend, delay, or interrupt the services of CONSULTANT for the
convenience of the 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:
(Sea] of Consultant
if a Corporation.) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By:
(Witness) Ma A. Rohloff, City Manager
And:
(Witness)
Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
-Cit", t orney
City Comptroller
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PROJECT AUTHORIZATION NUMBER
("Work Order")
Owner: City of Oshkosh Department Public Works
Authorized Office: 215 Church Avenue,P.O.Box 1130,Oshkosh,Wisconsin 54903-1130
Owner Authorized Representative: John Ferris,P.E.,Civil Engineering Supervisor
Owner Invoicing Contact: Tracy Taylor
City of Oshkosh Department of Public Works
PO Box 1130
Oshkosh,WI 54903-1130
Telephone No.: (920)236-5065
FAX No.: (920)236-5068
E-Mail Address: ttaylor@ci.oshkosh.wi.us
Applied Ecological Services Project Number:
City of Oshkosh Contract Number:
The authorizing office requires performance of the following described Services:
Form of Compensation:
Z Time and Materials Not to Exceed: $
Additional Terms and Conditions:
None
Authorized Services shall be performed in accordance with the terms and provisions of the agreement between
Applied Ecological Services and the City of Oshkosh, dated ' 2018. This Project Authorization
shall be effective only upon date of signature of an authorized representative of the City of Oshkosh.
Applied Ecological Services City of Oshkosh Department of Public Works
Authorized Representative Signature Authorized Representative Signature
John Ferris,P.E.
Authorized Representative Name Authorized Representative Name
Date: Date:
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PROFESSIONAL TITLE RATE uk/S/&/ �
Principal Ecologist $1SD-2SO/hour �
Principa|Ecotoxico|o0iut $17O—Z00/hour �
Principal Environmental Engineer $ 13O-19n/hour
Senior Communications Consultant $17O/hmur
Senior Ecologist $11O-17O/hour
Senior Engineer $ 13O-18O/hour
Senior Geologist $18O—ZO0/huur
Senior Hydrologist $1OD-150/hour
!
Senior Landscape Arch itect/P|anner $ 130-2VO/hour
LandoapeArdhitect/P|anner $ 1OO-17O/hnur �
Staff CartoDmpher/G|3analyst $ 80-140/hour
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Staff Ecologist $ 80-140/hour
Staff Engineer $ 11O-16O/hour
Staff Biologist $100-150/hour �
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Staff Ecological/Landscape Designer $ 75-125/hour '
Associate Ecologist $ 50-75/hmur
Associate Ecological/Landscape Designer $ 50-75/hour
[A0D/G|SDnaftupeomn $ 75-125/hnur
Technical Assistant g 60/hour
Clerical $ 60-75/hour
OTHER SERVICES !
Construction Oversight $ 80-120/hour �
|
Technical Writing $1OO/hour
Automated Data Compliance/Processing $ 40/hour
GP33ystem $25O/day �
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EXPENSES
Transportation mileage $ 0.60/mi|e
Per Diem $ 50/penon/day
Computer Plotting—Black and White $ 1.5O/snuaefoot
Computer P|ouing-Co|nr $ 3/squarefoot
Black and White Copies and Prints $ 0.10/paQe
Color Copies and Prints $ 0.25/page
1lx17 prints—color $ I/sheat
CD burning g 1each
DVDbumin8 $ 5each
Scanning—small document $ 0.10/page
Scaoning—|angedocument $ 3.50/squorefoot
6PSEquipmeot g 350/day
Computer Processing $ 35/hoor
Corporate Plane Air Fare $ 2.85/mile
Any additional services Cost plus 15%
Air or public transportation
Lodging
Supplies,maps,documents,data sets
Analysis of soil and water samples
Ecotoxicology samples
Reprographics
Specialized equipment
*Time spent in providing testimony for legal proceedings will be billed at double the normal hourly rate.
*All rates are subject to change.
Updated September 1,2018
DATE(MMIDD/YYYY)
Ac"Rv CERTIFICATE OF LIABILITY INSURANCE
10l30/2018
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 C NTACT
NAME; Alex Hudzinski
M3 Insurance Solutions, Inc, PHONE FAx
828 John Nolen Drive MINE
-808-288-2826 A/c rda):808-273-1725
Madison WI 53713 E-MAIL
ADDREs : alex.hudzinski m3ins.com
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PRODUCER APPLE-1
_ _r., INSURERS)AFFORDING COVERAGE NA IC#
INSURED —�� �aA INSURER A:Zurich American Insurance Co, 16535
Applied Ecological Services Inc
17921 W Smith Road \�1ORK") INSURER B:Tokio Mari S�eclalty Ins Co
j>L)t3 1.t(:.
Brodhead WI 53520-9355 �} C'"C Y ()NSll1 INSURER_C:
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oc,v-1�"�.�-'�')�� I' INSURER0:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:38501352 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 N REDUCED BY PAID CLAIMS.
ILTR .__....._,.- TYPE OF INSURANCE - �_ DL S B — —mo POLICY NUMBER MM%DDY/YYYY MMIDD/YYYY LIMITS
A GENERAL LIABILITY Y GLO-0111561-03 3/1/2018 3/1/2019 EACH OCCURRENCE $1.000,000DAMAGE TO RENTE5
_
X
COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000
CLAIMS-MADE OCCUR OCCUR MED EXP(Any one person) $10,000
PERSONAL& DV INJURY $1,000,000
GENERAL AGGREGATE $2,000.000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2 000,000
j'IPOLICY X PRO- X LOC $
A AUTOMOBILE LIABILITY `( BAP0111558.03 3/1/2018 3/l/2019 COMBINED SINGLE LIMIT $1,000,000
(Ea accident)
X ANY AUTO ._-.__.. ._...._....
BODILY INJURY(Per parson) $
ALL OWNED AUTOS .—..— ----_......._..,.
BODILY INJURY(Per accident) $
SCHEDULEDAUTOS PROPERTY DAMAGE ""' ..._..
$HIREDAUTOS (Per accident) _ .....,_
NON-OWNED AUTOS _,..-..._..._.. $
A
XUMBRELLA LIAR X OCCUR Y AUC0111682.03 3/1/2018 3/112019 EACH OCCURRENCE $5,000,000
JEXCESSLIAB _.... CLAIMS-MADE AGGREGATE _ $5,000,000
DEDUCTIBLE $
X RETENTION $ $
A WORKERS COMPENSATION WC-0111572-03 3/1/2018 3/1/2019 X STATU- OTH-
AND EMPLOYERS'LIABILITY ---_--YIN
-To
ANY PROPRIETOR/PARTNER/EXECUTIVE _ E.L.EACH ACCIDENT ,,000,000
OFFICER/MEMBER EXCLUDE[ N/A $1._...
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,0o0,000_
If yes,describe under W-
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
B Professional/ PPK1747073 12/l/2017 3/1/2019 Professional/Rein 5,000,000/20,000
Pollution Liability Pollution/Retention 2,000,000/50,000
k Installation Floater Installation Floater 250,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers are additional insured on a primary,non-contributory basis as
respects General Liability,Automobile and Umbrella where required by written contract. 30 days notice of cancellation to City of Oshkosh applies.
i
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED
IN ACCORDANCE WITH THE POLICY PROVISIONS.
City of Oshkosh
Attn:City Clerk
Church
215 Avenue
f 21 Box AUTHORIZED REPRPENTTTIVE
Oshkosh WI 54903 mil
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O 1988-2009 ACORD CORPORATION. All rights reserved.
ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD
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POLICY NUMBER: EBAP0111558-03 I COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds"for Covered Autos Liability Coverage
Linder the Who Is An Insured provision 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.
Named Insured:
Endorsement Effective Date:
SCHEDULE
Name Of Person(s) Or Organization(s):
ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO
PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A
PRIMARY, NON—CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN
AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR
AGREEMENT IS PROHIBITED BY LAW.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured"for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies
as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section 11 —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA 20 4810 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1
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___________ _ .____________ __ _ -__-__ __ Cancellation �~����u~~ux /
or Non-Renewal
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Policy No. Ell. Date of Pol. Exp. Date of Pol. Eff.Date of End. I Producer No. AWL Prom Return Pre
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 0FCAREFULLY. �
�
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. If we cancel or non-renew this Coverage Part bywritten notice hothe first Named |naumd, we will mail or deliver
notification that such Coverage Part has been cancelled or non-renewed 1oeach person ororganization shown in a
|ia1 provided to us by the first Named Insured if you are required by vvrh1nn contact or written agreement to provide
such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been
/
sent tn the first Named Insured. Such list:
1. Must bo provided bouo prior hz cancellation ornon-renewa;
2. K8ua\ contain the names and addmmuam of only the persons or organizations requiring notification that such
Coverage Part has been cancelled ornon-renawed; and �
3. Must be in an electronic format that io acceptable to us.
B. Our notification as described in Paragraph A. of this endorsement will be based on the most n*oer8 list in our records /
as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. VVn will mail !
or deliver such notification to each person or organization shown in the list: �
1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium;or �
2. At least 38 days prior tn the effective date of:
a. Cancellation, if cancelled for any reason other than nonpayment of premium;or
b. Non-,ennwa|. but not including conditional notice ofrenewal.
O. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy
only. Our failure to provide such mailing or delivery will not:
1. Extend the Coverage Part cancellation or non-renewal date;
2. Negate the cancellation ornon-nanawm|; nr
/
�� Provide any add�onsd |noumnoothat would not have been pmvdedin the absence ofdh� �ndonmment. !
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D. We are not responsible for the accuracy, n*egrhy. (|me|inaea and validity of information contained in the list provided �
haumoa described in Paragraphs 4. and B. nf this endorsement,
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All other terms and conditions cd this policy remain unchanged.
u�L-1521-Aow( 0/
Page 1 of I
Includes copyrighted material of Insurance Services Office,|nc,with its permission.
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Additional Insured —��uto��a�c — �^Owners, K��osees ^���r ZUkRICW
Contractors
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Policy No. L Eff. Date of Pol. I Exp. Date of Pol. Eff.Date o End. Producer No. AWL Prom Return Pr
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THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ[TCAREFULLY. �
�
Named Insured:Applied Ecological Services, Inc.
Address (including ZIP Coda): 17921 VV Smith Rd, Bnodhead, VV| 5362U
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. Section 11—Who Is An Insured is amended to include as an additional insured any person or organization whom you
are required to add as an additional insured on this policy under a written contractVr written agreement. Such person
or organization is on additional insured only with respect to liability for "bodily injury", "property damage" or "personal �
and advertising injury"caused, in whole or|n part, by: �
t Your acts or omissions; or
2. The acts or omissions ud those acting on your behalf,
�
in the performance of your ongoing operations nr "your work" as included in the "products-completed operations �
hazard"'which io the subject nf the written contract or written agreement. !
However,the insurance afforded to such additional insured: �
1. Only applies h the extent permitted bylaw;and �
2, Will not be broader than that which you are required by the written contract or written agreement to provide for �
such additional insured. �
B. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies:
This insurance does not apply to:
"Bodily injury", "property damage" or"personal and advertising injury" arising out nfthe rendering of, or failure tn
render, any professional architectural, engineering or surveying services including:
a. The preparing, approving or failing to prepare or approve mapm, shop drawings, opinions, mpoMu. surveys, �
field orders, change orders o/drawings and specifications;nr �
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 o others by that insured, if the ,Vccunmnoe^ which caused the �
"bodily injury" or "property demage", or the offense which caused the "personal and advertising injury", involved the �
rendering of or the failure to render any professional architectural, engineering or surveying services.
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C. The following is added to Paragraph 2. Duties |nThe Event Of Occurrence, Offense, ClaimCrSuhofSectionN —
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Commercial General Liability Conditions:
The additional insured must see k> hthat: �
1, We are notified as soon as practicable of an "occurrence"or offense that may result in a claim;
2. VVa receive written notice o(u claim or^muk'' oa soon ao practicable; and
3. A request for defense and indemnity of the claim o, ''suiy'wiU promptly be brought against any policy issued by �
another insurer under which the additional insured may be an insured in any capacity. This provision does not
apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement
requires that this coverage be primary and nno+mntribu\ory.
D. For the purposes of the coverage provided by this endorsement:
1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability
Conditions:
Primary and Noncontributory insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional
insured provided that:
o. The additional insured |aa Named Insured under such other insurance;and
b. You are required by written contract or written agreement that this insurance be primary and not seek
contribution from any other insurance available to the additional insured.
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2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial �
General Liability Conditions: �
This insurance ia excess over: �
Any of the other inuunanma, whether primary, excess, contingent or on any other basis, available 0o �n additional� �
insured, in which the additional insured on our policy is also covered as an additional insured on another policy �
providing coverage for the same "000urmnou"' offense, claim or"muif. This provision does not applyto any policy
in which the additional insured is a Named Insured on such other policy and vvhens our policy is required by �
written contract or written agreement to provide coverage to the additional insured on a primary and non-
contributory basis. �
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E. This endorsement does not apply to an additional insured which has been added Wthis policy byan endorsement
showing the additional insured in aSohadu|e of additional insureds, and which endorsement applies specifically to �
that identified additional insured,
F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to !
BeuhonQY—LimnitsCf{nsunance: �
The most we will pay on behalf of the additional insured is the amount of insurance: |
1. Required by the written contract or written agreement referenced|n Paragraph A. of this endorsement; or �
2. Available under the applicable Limits of Insurance shown in the Declarations, �
whichever isless. �
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. �
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All other terms and conditions of this policy remain unchanged. �
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