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HomeMy WebLinkAbout2020 Capital Improvement Project-ECS MidwestAGREEMENT This AGREEMENT, made on the allay of �, 2019, by and between the CITY OF OSHKOSH, party of the first part, her inafter referred to as CITY, and ECS MIDWEST, LLC, 1060 Breezewood Lane, Suite 102, Neenah, WI 54956, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for SUBSURFACE EXPLORATION AND GEOTECHNICAL ENGINEERING EVALUATION FOR 2020 CAPITAL IMPROVEMENT PROJECTS. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Matthew A. Meyer, P.E. — Geotechnical Department Manager B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: Mike Blank — Construction Management Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CITY'S Request for Proposal. The 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. f:\Engineering\202000NTRACMECS2020Subhiv\ECS Agreement_10.1-19.docz Page 1 of 7 Services included in the Miscellaneous Projects section of the CITY's Proposal Cost Breakdown will be detailed further within individual Task Order Authorizations. A sample Task Order Authorization form is attached 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. OPINIONS OF COST FINANCIAL CONSIDERATIONS AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VII. 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. 1:\Engineering\2020 CONTEACMECS 2020 Sub hiv\ECS Agreement_104-19.docx Page 2 of 7 To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VIII. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSULTANT will, if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE IX. CITY'S INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all project work including the value of all onsite CITY -furnished equipment and/or materials associated with CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of such policy. ARTICLE X. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CITY's Request for Proposal. 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 1:\ Engineering\ 2020 CONTRACTS\ ECS2020 Sub Inv\EC5Agreement_10-1-19.docx Page 3 of 7 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 XI. 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. CITY's Request for Proposal dated August 27, 2019 and attached hereto 3. CONSULTANT's Proposal dated September 12, 2019 and attached hereto h-i 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 XII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: Time and Materials Not to Exceed $66,852.25 (Sixty Six Thousand Eight Hundred Fifty Two Dollars and Twenty Five Cents). Attached fee schedule shall be firm for the duration of this AGREEMENT. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. 1:\Engineering\2020 CONTRACTS\ ECS 2020 Sub1nv\EC.SAgreemen[_10-1.19.docx Page 4 of 7 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 10% mark-up. 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 XIII. HOLD HARMLESS The CONSULTANT covenants 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 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 omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XIV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. 1:\Engineering\2020 CONTRACTS\ECS 2020 Sub Inv\ECS Agreement_10-1-19.docx Page 5 of 7 ARTICLE XV. 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 XVI 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 XVII. 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. I:\Engineering\202000NTRACTS\ECS2020 Sub Inv\ECSAgreement 10-1-19.docx Page 6 of 7 ARTICLE XVIII. NO THIRD -PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third -party beneficiaries. In the Presence of: (Seal of Consultant if a Corporation) (Witness) (Witness) APPROVED: 4rtorney CONSULTANT By: p (� (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: Mark A. Rohloff, City Manager And: Pamela R. Ubrig, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. yr City Comptroller I:\Engineering\202000NTRACMECS2020 Sub Inv\ECSAgreement_10-1-19.doc Page 7 of 7 City o� Oshkosh August 27, 2019 Roxane G. Fitch ECS Midwest, LLC 1060 Breezewood Lane, Suite 102 Neenah, WI 54956 E-Mail: rfitch@ecslimited.coin RE: Request for Proposals for Subsurface Exploration and Geotechnical Engineering Evaluation for 2020 Capital Improvement Projects Dear Roxane: The City of Oshkosh is hereby requesting proposals be submitted for Subsurface Exploration and Geotechnical Engineering services related to the City's 2020 Capital Improvement projects. The purpose of this exploration program is to identify the soil and groundwater conditions within the depths of the project excavations. The reports are to provide a summarization of pavement and base coarse thicknesses; soil type verification; bedrock depth, if encountered; and groundwater levels. In addition, field screening of the soil samples is to be completed to identify potential environmentally - impacted soil. The proposal shall include, at a minimum: related project experience, planned project team and a breakdown of costs, as requested in the enclosed Scope of resumes, engineering fee schedule, and Services. This agreement will have three (3) separate deliverables, each with unique due dates that are also listed in the Scope of Services. The proposals will be reviewed for completeness and how well it is demonstrated the needs of the City of Oshkosh can be met. The award of this work will not be based solely on cost of the proposal. Questions regarding this request for proposal shall be emailed to me at mblank@ci.oshkosh.wi.us (with the subject heading of "2020 Subsurface Exploration and Geotechnical Engineering Evaluation RFP Questions") by 12:00 noon on Monday, September 9, 2019. The questions and appropriate responses, along with copies of the Boring Location Maps, will be distributed to all parties receiving this Request for Proposals by 12:00 noon on Tuesday, September 10, 2019. Please submit four (4) copies of the proposal to Tracy Taylor no later than 4:00 p.m. on Monday, September 16, 2019. It is anticipated the award of this agreement will be made by Tuesday, September 24, 2019. Please ensure you have the proper insurance paperwork, so the award is not delayed. I:\Engineering\2020 CONTRACTS\2020 Sub Inv\RFP\Cover Letters\ESCCover Ltr_8-27-19.docx Page 1 of 2 City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.cl,oshkosh.wi.us Enclosed with this letter are copies of the Scope of Services, Proposal Cost Breakdown, Sample Boring Log, Standard Engineering Services Agreement, Professional Services Liability Insurance Requirements, and the Pollution Exposures Liability Insurance Requirements. The information contained within these enclosures shall become a part of the agreement with the Consultant selected to perform the Services. If you have any questions, please do not hesitate to contact us. Sincerely, Mike Blank Construction Management Supervisor tuts/tit Enclosures cc: James Rabe, P.E., CPESC, Director of Public Works Steven M. Gohde, P.E., Assistant Director of Public Works Justin Gierach, P.E., Engineering Division Manager / City Engineer File I:\ Engineering\2020 CONTRACTS\2020 Sub Inv\ RFP \Cover Letters\ESC Cover Ltr_8-27-19.docx Page 2 of 2 SCOPE OF SERVICES FOR SUBSURFACE EXPLORATION AND GEOTECHNICAL ENGINEERING SERVICES 2020 CAPITAL IMPROVEMENT PROJECTS 1. The scope of services for this project is to identify subsurface conditions within the depths of various project excavations. The final reports are to provide a summarization of existing pavement and base coarse thicknesses; soil classifications; bedrock depth, if encountered; groundwater levels; and deep utility construction recommendations. Soil samples shall be split and provided to the Environmental Services Consultant for field screening and to identify potential environmentally -impacted soils. Reports shall be prepared in general accordance with normally -accepted geotechnical engineering practices. A total of 101 soil borings are anticipated for the following Capital Improvement projects. A. Oregon Street (West 21s' Avenue to West 281h Avenue) 1. West 21s' Avenue to West 241h Avenue a. (6) — 30-ft borings. b. Pavement type is 1948 asphalt over concrete, and 1995 mill and overlay. 2. West 2411, Avenue to West 28th Avenue. a, (11) — 30-ft borings. b. Pavement type is concrete. B. East Snell Road (Jackson Street to Moser Street) 1. (13) — 25-ft borings. 2. Pavement type is 1977 hot mix overlay. C. West 281h Avenue (Oregon Street to the end of West 2811, Avenue) 1. (9) — 30-ft borings 2. Pavement type is 1988 seal coat. D. Congress Avenue (Summit Avenue to the bridge) 1. (3) —15-ft borings. 2. Pavement type is 1975 concrete. E. Washington Avenue (Lake Shore Drive to Hazel Street) 1. (8) — 25-ft borings. 2. Pavement type is 1986 concrete. F. North Main Street (Snell Road to Fernau Avenue) 1. (18) — 20-ft borings. 2. Pavement type is 1982 concrete. G. North Meadow Street (Witzel Avenue to Southland Avenue) 1. (7) —15-ft borings. 2. Pavement type is 2000 hot mix. t.•\Engineering\202000NTRACTS\2020Sub Inv\ RFP \Scope of Work 8.27-19.docx Page 1 of H. North Eagle Street (Witzel Avenue to Southland Avenue) 1. (7) —15-ft borings. 2. Pavement type is 1964 concrete. I. Parking Lot Improvements (West 10th Avenue/Oregon Street Parking Lot) 1. (4) —15-ft borings. 2, Pavement type is asphalt parking lot. J. Miscellaneous Additional Project(s) 1, (5) —15-ft borings, (5) — 20-ft borings. 2. Miscellaneous borings for any potential Program. K. Environmental -Only Drilling project(s) added to the Capital Improvements 1. (10) —10-ft borings. 2. Environmental -only borings to document extent of potential contamination. 2. The City of Oshkosh will perform the following tasks: A. Provide Geoted-meal Services Provider with diagrams/maps indicating general locations and drilling depths of individual borings prior to work commencing. B. Retain services of an Environmental Services Consultant to provide suspect locations for sampling and other pertinent information, prior to drilling. C. Provide Geotechnical Services Provider with an engineering staff member to assist in boring layout. D. Provide Geotechnical Services Provider with final location diagrams with GPS coordinates. E. Provide ground elevations for each boring location for the Geotechnical Services Provider's use in boring log development. F. Set a "Pre -Construction Conference" with the Geotechnical Services Provider prior to starting work. The Environmental Services Consultant shall also be present at this meeting, as well, to discuss any issues and to coordinate the drilling schedule. Communication protocol will be established at this meeting. 3. The Geotechnical Services Provider will perform the following tasks: A. All items necessary to perform the tasks detailed in this Scope of Services. B. Subsurface Exploration and Reporting 1. Mark the borings in the field and coordinate with Digger's Hotline. Re -marking of soil boring locations due to weather will be the responsibility of the Geotechnical Services Provider. 2. Set a meeting for boring layout per street with Environmental Services Consultant, all Digger's Hotline locators, and City of Oshkosh Project Manager. The City Utility Locator will NOT mark utilities down the entire street, due to the length of time this will take. The Geotechnical Services Provider shall provide a mark point and the City Utility Locator will locate within a designated radius (approximately 25') around the specific boring locations. 1:\ Engineering\ 2020 CONTRACTS\2020Sub Inv\RPP\Scope of Work 8-27-19.doec Page 2 of 6 3. Coordinate with the City of Oshkosh Project Manager and Environmental Services Consultant Project Manager on drilling schedule and provide three (3) day notice of the onsite boring -layout meeting. 4. The Geotechnical Services Provider will provide e-mails daily to the City Project Manager and Environmental Services Consultant Project Manager, identifying which borings they intend to complete each day. 5. All streets are to remain open to traffic. The Geotechnical Services Provider will be responsible for furnishing all necessary barricades, flashers, flag persons, etc. to provide adequate traffic control and still maintain the accesses as described herein. The signs shall conform to Sections 637 and 643 of the State of Wisconsin Standard Specifications for Highway and Structure Construction. 6. If a particular boring cannot be accessed during drilling operations, the Geotechnical Services Provider shall, work with the City of Oshkosh to determine a revised location. 7.. Follow standard geotechnical practices for subsurface sampling, borehole abandonment, and laboratory testing. 8. Perform standard geotechnical sampling with 1.5' split -spoon samples, spaced 1' (vertically) apart, starting at an even point below the pavement (i.e. 1'). Representative soil samples are to be obtained in the borings using split barrel techniques. Soil samples are then to be sealed immediately in the field and returned to the laboratory for further examination and testing. The Environmental Services Consultant shall be provided split - spoon samples of all soil boring samples. 9. If refusal is reached prior to the indicated drilling depth, contact the City of Oshkosh immediately and locate an additional boring in the same vicinity. If this boring also has refusal at a depth similar to the initial boring, a collaborative decision will be made to determine whether or not rock coring is necessary. Boring lengths are selected based on the depths of the proposed utilities; therefore, accurate identification of material type to the indicated depth is necessary. Due to the depths of the proposed utilities and material type in Oshkosh, the Geotechnical Services Provider is required to anticipate hard drilling throughout. 10. Soil parameters for pavement design are not being requested at this time. Any laboratory testing is at the discretion of the Geotechnical Services Provider in order to provide services as detailed herein. At a minimum, moisture contents and unconfined compressive strengths should be noted on the soil boring diagrams. 11. Pavement shall be restored in -kind. It is the Geotechnical Services Provider's responsibility to know current pavement type. 12. Groundwater elevations shall be estimated for every borehole. C. Field Coordination and Environmental 1. The Environmental Services Consultant will prepare and provide a "quick reference guide" for use by the Geotechnical Services Provider to provide additional information as to what types of environmental impacts may be encountered. Should the Geotechnical Services Provider encounter something they suspect is impacted, they shall notify the City Project Manager and the Environmental Services Consultant Project Manager immediately. 2. Representative soil samples are to be obtained in the borings using split barrel techniques. Soil samples are then to be sealed immediately in the field. Split samples are to remain cool until PID readings are taken by the Environmental Services Consultant. 1:\Engineering\2020CONTRACTS \2020Sub inv\RPP\Scope ofWork_8-27-19.dorx Page 3 of 6 3. Split samples shall be provided to the Environmental Services Consultant during drilling operations. D. Reporting Requirements 1. Project Overview, 2. Field Procedures. 3. Laboratory Procedures. 4. Exploration Results (broken down by street). 5. Considerations and Recommendations a. Recommendations for deep sanitary sewer construction are requested (i.e. slope stability and dewatering). b. Other information as appropriate. 6. General Qualifications. 7. Individual Soil Boring Logs. 8. Soil Boring Location Diagram. 9, Summary Table (separate table for each street) a. Boring Identification. b. Boring Depth (proposed and actual). c. Pavement Thickness. d. Base Coarse Thickness. e. Fill Thickness. f. Depth of Bedrock or Refusal, if present. 4. Project Deliverables A. Schedule of Project Deliverables 1. Oregon Street and West 28", Avenue report due Monday, December 30, 2019, 2. East Snell Road and North Main Street reports due Monday, January 20, 2020. 3. Congress Avenue, Washington Avenue, North Meadow Street, North Eagle Street, and West 101h Avenue/Oregon Avenue Street parking lot reports due Monday, March 2, 2020. B. Drilling can be completed during the week at the Geotechnical Services Provider's convenience, with the exception of the dates listed in this paragraph, as long as the reports are submitted no later than their respective due dates. 5. Proposal Cost Breakdown A. Boring Layout 1. Cost to include coordination with Digger's Hotline, Utility Locators, and the City of Oshkosh Project Manager. 2. Cost to include laying out and marking the borings in the field. B. Mobilization/Daily Travel/Traffic Control for drilling (lump sum) 1. Additional payment for mobilization/daily travel/traffic control will not be considered if the total footage of drilling, including the contingency amount, is not exceeded. C. Soil Borings (per foot) 1. Cost to include proper borehole abandonment and street patching. 2. Cost to include providing cooled split samples to Environmental Services Consultant twice daily. 1:\ Engineering\2020 CONTRACTS\2020 Sub Inv\RPP\Snipe of Work 8-27-19.d= Page 4 of 6 3. Unit cost will also be used for additional drilling, if needed. The Miscellaneous Additional Project(s) will be handled on a contingency basis, and are not guaranteed. 4. A contingency amount is added to the proposal cost breakdown sheets attached. 5. Anticipate hard drilling throughout the depths of the borings in this cost. A hard drilling surcharge, once the agreement has been awarded, will not be approved. D. Project Engineering and Reporting (lump sum) 1. Additional payment for project engineering and reporting will not be considered if the total footage of drilling, including the contingency amount, is not exceeded. E. Steam cleaning costs will be handled on a contingency basis. If drilling in areas of known contamination, steam cleaning is likely to be required. Steam cleaning shall be completed at the City of Oshkosh Wastewater Treatment Plant in the sweeper dump upon prior authorization by the City Project Manager. Do not cross contaminate samples. F. Rock coring will be handled on a contingency basis. Quantities are not guaranteed. Be prepared to rock core on a daily basis. G. Blind drilling will be handled on a contingency basis. Quantities are not guaranteed. One possible example where blind drilling might be used is if a boring hits refusal prior to the indicated depth. Another boring would then be located a few feet away and blind drilled to the initial refusal depth. H. Environmental -only drilling will be handled on a contingency basis. Quantities are not guaranteed. Geotechnical information (e.g., blow counts, geotechnical laboratory analysis, etc.) will not be required for these soil borings. The Environmental Services Consultant must be present during these borings to gather soil information, screen soils at regular intervals, and collect samples for environmental laboratory analysis, as needed. I. Provide general rate sheets for items not covered in this Scope of Services. J. Miscellaneous Additional Projects work will be completed on a task order basis. The level of effort and associated unit rate costs will be negotiated per task order request. 6. Additional Information A. All work shall be performed by qualified personnel under the supervision of a Registered Professional Engineer in the State of Wisconsin. Reports shall bear the certificate and seal of said Professional Engineer. ASTM or other recognized standard test methods and soil classifications used in preparation of the reports shall be identified. The Geotechnical Services Provider shall take all necessary precautions to prevent damage to all adjacent property. The site is to be restored upon completion of drilling to its existing condition, including backfilling of borings and patching of slabs and pavements. The City of Oshkosh is not responsible for the cost of repair or replacement of any drilling equipment utilized on this project due to difficult or adverse subsurface conditions. B. The entire soil profile is required from the surface to the indicated depth. C. Additional geotechnical recommendations may be required for the structural design of storm water junction chambers. Payment for these extra services will be negotiated at a later date, if necessary, D. The number of borings and depths are subject to change. Additional street borings or pond projects may be added to this agreement, or borings/work may be deleted at any time. 1:\Engineering\202000NTRAcrsvo20 Sub Inv\RPP\Scope of Work 8.27-19.dorx Page 5 of 6 E. It is the Geotechnical Services Provider's responsibility to locate a dump site. The City of Oshkosh will not provide a location to dump the material for non -impacted soil borings. Impacted soil borings will be containerized in drums and relocated to a dump site selected by the City of Oshkosh Project Manager. R This agreement will be per the City of Oshkosh Agreement form only; unless the Geotechnical Services Provider has a previously -approved services agreement on file with the City of Oshkosh. A sample agreement form is attached. The Geotechnical Services Provider's standard or general services agreement language will NOT apply. h\Engineering\2020 CONTRACTS\2020 Sub Inv\RFP\Scope of Work 8.27-19.dooc Page 6 of 6 PROPOSAL COST BREAKDOWN FOR SUBSURFACE EXPLORATION AND GEOTECHNICAL ENGINEERING SERVICES 2020 CAPITAL IMPROVEMENT PROJECTS OREGON STREET (WEST 21ST AVENUE to WEST 28TH AVENUE) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY, Lump 1. Boring Layout Sum 1 $ $ Mobilization/Daily Lump 2. Travel/Traffic Control Sum 3. Soil Borings Feet Project Engineering and Lump 4. Reporting Sum SUBTOTAL: OREGON STREET 1 EAST SNELL ROAD (JACKSON STREET TO MOSER STREET) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1 Borin T out Sum 1 $ $ g y — Mobilization/Daily Lump 2. Travel/Traffic Control Sum 1 $ 3. Soil Borings Feet 325 $ Project Engineering and Lump 4. Reporting Sum 1 $ SUBTOTAL: EAST SNELL ROAD I;\Engineering\2020 CONTRACTS\2020 Sub Inv\RFp\proposal Cost Breakdown_8-27-19.docz Page i of 6 WEST 28TH AVENUE (OREGON STREET TO THE END OF WEST 28TH AVENUE) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1 Borin Layout Sum 1 $ $ g Mobilization/Daily Lump 2. Travel/Traffic Control Sum 3. Soil Borings Feet Project Engineering and Lump 4. Reporting Sum SUBTOTAL: WEST 28TH AVENUE 1 $ 270 $ CONGRESS AVENUE (SUMMIT AVENUE TO THE BRIDGE) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1. Boring Layout Sum 1 $ $ Mobilization/Daily Lump 2. Travel/Traffic Control Sum 3. Soil Borings Feet Project Engineering and Lump 4. Reporting Sum SUBTOTAL: CONGRESS AVENUE 1 $ 45 $ $ I:\Engineering\2020 CONTRACTS\2020 Sub Inv\RFP\Proposal Cost Breakdown_8-27-19.doa Page 2 of 6 WASHINGTON AVENUE (LAKE SHORE DRIVE TO HAZEL STREET) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1. Boring Layout Sum 1 $ $ Mobilization/Daily Lump 2. Travel/Traffic Control Sum 1 $ 3. Soil Borings Feet 200 $ Project Engineering and Lump 4. Reporting Sum 1 $ SUBTOTAL: WASHINGTON AVENUE NORTH MAIN STREET (SNELL ROAD TO FERNAU AVENUE) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1. Boring Layout Sum 1 $ $ Mobilization/Daily Lump 2. Travel/Traffic Control Sum 1 $ $ 3. Soil Borings Feet 360 $ $ Project Engineering and Lump 4. Reporting Sum 1 $ $ SUBTOTAL: NORTH MAIN STREET 1:\Engineering\2020 CONTRACTS \2020Sub Inv\RPP\Proposal Cost Breakdown_8-27-19.dorx Page 3 of 6 NORTH MEADOW STREET (WITZEL AVENUE TO SOUTHLAND AVENUE ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1, Boring Layout Sum 1 $ $ Mobilization/Daily Lump 2. Travel/Traffic Control Sum 1 $ $ 3. Soil Borings Feet 105 $ $ Project Engineering and Lump 4. Reporting Sum 1 $ $ SUBTOTAL: NORTH MEADOW STREET $ NORTH EAGLE STREET (WITZEL AVENUE TO SOUTHLAND AVENUE) ITEM DESCRIPTION UNIT EST, BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1 Boring Layout Sum 1 $ $ Mobilization/Daily Lump 2. Travel/Traffic Control Sum 3. Soil Borings Feet Project Engineering and Lump 4. Reporting Sum SUBTOTAL: NORTH EAGLE STREET 1 $ $ 105 $ $ 1 1:\ Engineering\2020 CONTRACTS\2020 Sub Inv \RFP\ Proposal Cost Breakdown_8-27-19.dooc Page 4 of 6 PARKING LOT IMPROVEMENTS (WEST 10TH AVENUE/OREGON STREET PARKING LOT) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1. Boring Layout Sum 1 $ $ Mobilization/Daily Lump 2. Travel/Traffic Control Sum 3. Soil Borings Feet Project Engineering and Lump 4. Reporting Sum SUBTOTAL: PARKING LOT IMPROVEMENTS MISCELLANEOUS ADDITIONAL PROJECT(S) 1 60 ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Per 1. Boring Layout Bore 10 $ $ Mobilization/Daily Per 2. Travel/Traffic Control Bore 3. Soil Borings Feet Project Engineering and Per 4. Reporting Bore SUBTOTAL: MISCELLANEOUS PROJECT(S) 10 $ 175 $ 10 $ 1;\Engineering\2020 CONTRACTS\2020 Sub Inv\ RFP\ Proposal Cost Breakdown_8-27-19.doc Page 5 of 6 MISCELLANEOUS/UNDISTRIBUTED ITEMS STEAM CLEANING OF DRILLING EQUIPMENT (UNIT COST $ ) X 7 TIMES = ROCK CORING (UNIT COST $ ) X 100 FEET = $ SOIL BORINGS (UNIT COST $ ) X 100 FEET = ; BLIND DRILLING (UNIT COST $ ) X 100 FEET= $ ENVIRONMENTAL -ONLY DRILLING (UNIT COST $ ) X 100 FEET= $ DRUMS FOR IMPACTED SOIL, INCLUDING RELOCATION TO CITY PROPERTY (UNIT COST $ ) X 5 DRUMS= $ TOTAL PROPOSAL COST I:\Engineering\2020 CONTRACTS\2020 Sub Inv\Rpp\Proposal Cost Breakdown_8-27-19.do" Page 6 of 6 CLIENT L00 OP BORING NUMBER •1 8 City of Oshkosh 0 ass Avenue) PROJECT WAR AR CHITECTIENGINEER 2010 North Side Street Construction SIT -LOCATION S'NEaTftSENOTN OTo� Oshkosh, Wfscons n ZEDCOy:PRE 11 DESCRIPTION OF MATERIAL PLASTIC WATER LIQUID LIMIT% CONTENT K LIMIT % r _ n p so oo qo eo STANDARO y q ® P�aTDNBL W+T�I40 W 3URPACCRLEVA710N: R. 00 pa -BRCeB Reddish brown silly clay (CL) - Wilt (race of send and tine gravel - metal -very stiff to hard yr ' 1 as 1A SS 11.1 <1 �1 I 4 SS 2 < 1 I I I I ft * 4.0 3 SS 1.0 8.0 4 SS 0 <1 ®8 1 1 t Brown elity day (CL) -wilh trace of sand and line gravel 6 ss . moist - very stiff to hard 13.0 < 13,0 Gray slit (ML) - moist • very stiff 0 Brown ally day (CL) - trace of line san -most - < ®12 14, ---I, 8 83 oA SS very stiff to hard ie.o End of eong < 1 C lilbratidPen Uomel r Boring advanced with solid -stem auger Goring beddliled with 318" chipped bertionlie The stra olicalion lines represent the api) mate boundary lines between soil types: In situ, the tronsltlon may be gradual. D W3 ovAING STARTED 21iB12010 aORINOCOMP1. 0412010 ENTtREnav ,8REa7N0: 1 OF 1 I_ P AS _ • • WL WWOREMAN APPO a AGREEMENT This AGREEMENT, made on the day of , 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CONSULTANT'S NAME address party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for SUBSURFACE EXPLORATION AND GEOTECHNICAL ENGINEERING EVALUATION FOR 2020 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: Name — Title B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: Mike Blank — Construction Management Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CITY'S Request for Proposal. The 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. l:\Engineering\2020 CONTRACTS\2020 Sub lnv\RFP\Blank Current Agreement F0,m 8-27-19.d= Page 1 of 7 Services included in the Miscellaneous Projects section of the CITY's Proposal Cost Breakdown will be detailed further within individual Task Order Authorizations. A sample Task Order Authorization form is attached 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. OPINIONS OF COST FINANCIAL CONSIDERATIONS AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is riot responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VII. 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. !.•\Engineering\202000NTRACPS\2020Sub Inv\RPP\Blank Current Agreement Form 8-27-19.docx Page 2 of 7 To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VIII. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSULTANT will, if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE IX. CITY'S INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all project work including the value of all onsite CITY -furnished equipment and/or materials associated with CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of such policy. ARTICLE X. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CITY's Request for Proposal. 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 I:\Engineering\202000NTRACTS\2020Subinv\RFP\ElankCurrentAgreement Form_8-27-19.docx Page 3 of 7 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 XI. 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. CITY's Request for Proposal dated and attached hereto 3. CONSULTANT's Proposal dated and attached hereto 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 XII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: Time and Materials Not to Exceed $ ( Dollars). • Attached fee schedule(s) shall be firm for the duration of this AGREEMENT. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. 1:\Engineering\202000NTRAC7S\2020Sub btv\RFP\Blank Current Agreement Form_8-27-19.dorx Page 4 of 7 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 10% mark-up. 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 XIII. HOLD HARMLESS The CONSULTANT covenants 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 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 omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XIV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. 1:\Engineering\2020 CONTRACTS\2020 Sub Inv\ REP\Elank Current Agreement Form_8-27-19.d0cx Page 5 of 7 ARTICLE XV. 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 XVI 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 XVII. 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. t:\Engineering\202000NTRACTS\2020Sub Inv\RFP\Blank Current Agreement Forms-27-19.ao" Page 6 of 7 ARTICLE XVIII. NO THIRD -PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third -party beneficiaries. In the _Presence of: (Seal of Consultant if a Corporation) (Witness) (Witness) CONSULTANT M (Specify Title) (Specify Title) CITY OF OSHKOSH And: Mark A. Rohloff, City Manager 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. City Attorney City Comptroller b\Engineering\202000NTRACCS\2020Sub inv\RFP\Blank Current Agreement Form_-27-19.do" Page 7 of 7 PROJECT AUTHORIZATION NUMBER ("Task Order") Owner: City of Oshkosh Department Public Works Authorized Office: 215 Church Avenue, P.O. Box 1130, Oshkosh, Wisconsin 54903-1130 Owner -Authorized Representative: Mike Blank Construction Management Supervisor Contract: 2020 CIP Subsurface Exploration and Geotechnical Engineering Evaluation City of Oshkosh Contract Number: Consultant's Project Number: The authorizing office requires performance of the following described Services: Form of Compensation: ® Unit Rate Not -to -Exceed: $, Additional Terms and Conditions: None Authorized Services shall be performed in accordance with the terms and provisions of the agreement between Consultant and the City of Oshkosh dated . This Project Authorization shall be effective only upon date of signature of an authorized representative of the City of Oshkosh. CONSULTANT CITY OF OSHKOSH Signature: Name: Title: Date: Signature: Name: Mike Blank Title: Construction Management Supervisor Date: 1:\Engineering\2020CONTRACTS \2020Sub inv\RPP\Sample Task OrderAvth_8-27- Page 1 of 1 19.docx 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS III. PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 products — completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations must be carried for 2 years after acceptance of completed work (6) The general aggregate must apply separately to this project/location 3. BUSINESS AUTOMOBILE COVERAGE— If this exposure shall exist: A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol #1 - "Any Auto" — including Owned, Non -Owned and Hired Automobile Liability. 4/14/14 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY — "If" required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease — Each Employee 5. UMBRELLA LIABILITY - If exposure exists, provide coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self -insured retention of $10,000. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Professional Liability, Workers Compensation and Employers Liability. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk — City of Oshkosh. III - 2 I DATE (MMIDD/YYY) ;,c'ORo° CERTIFICATE OF LIABILITY INSURANCE IUEOF FORMATION ONLY AND CONFERS RIGHTS UPON AUTHORIZED REPRESENTATIVE OR AFFIRTDOES NOT CONSTITUTE A CONTRACTE ISSUEND OR ALTER E SU E CERIJI-IUAlt: OLDER GE OR NEGATIVELY AME BETWEEN TH CERTIFICATE DOES NOT ISSUING WRER(S)ORDED BY THE POLICIES BELOW. THIS CERTIFICATE S ISSD AS A MATTER IN THIS CERTIFICATE OF INSURANCE PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificatollcold certaan in poADDSTIrO 0A equlSre an endorsementl1eA statement n this ecertifi ate does Anot confer riight Dto the certificate terms and conditions of the policy, hnlrlpr in lieu of such endorsement(s). coNTACT _ _ _— Insurance Agencycontact information, Including street address and PO Box if applicable. C Insured's contact information, Including name, address and phone number. Insurance Agent's contact information. surerfs) must have a minimum A.M. Best rating of A - and a Financial Performance Rating of W or better. # # COVERAGES CERTIFICATE NUMBER: ' THIS IS TO CERTIFY THAT �NYIREQUIREMENNTERM OR CONDCE LISTED ITION ION OF ANY CONTRACT 3 DESCRIBED HEREDOCUMENT SWSUBJECT TO THE INSURED NAMEOTOTALL THE I TERMCH D INDICATED. NOTWITHSTANDINGURANCE AFFORDED BY THE CERTIFICATE AMY BE ISSUED ORMAYonRcIN. THE INS iFs LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIDAou Y^EXP I T� OF ICy COMMERCIAL GENE ❑RAL LIABILITY A CLAIMS-MADE�OCCUR ® ISO FORM CG 20 37 OR EQUIVAL IGEN'L AGGREGATE LIMIT_ APPLIES PER: I Ir it ._.. i�iPRO-in1,nn AUTO JANY B ALL OWNED SCHEDULED AUTOS Q AUTOS NON -OWNED HIRED AUTOSEl AUTOS ® � El I General (Jabllfty Policy Number ®` � I Auto Liability Policy Number %�IUMBRELLA LIAB !—I— - I ADE AqEXCESS LIAB IL �I -- ' - ___ --** DED ®RETENTION $10,000 C WORKERS COMPENSATION SAND EMPLOYERS' LIABILITY i !ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICE/MEMBER EXCLUDED? N j (Mandatory in NH) I Ilf yes, describe under li DESCRIPTION OF OPERATIONS below effective and expiration effective and expiration date. LlabflffyPolicy Number I Policy effective and expiration EXP (Any one $ 1,000,000 ` $ 50,000 $ 5,000 $ 1,000,000 $ 2,000,000 NED SINULt LIM 1 1 $ 1 000,000 •ldent) Y INJURY (Per person) $ — .Y INJURY (Per accident) ERTY DAMAGE $ ccidenl) $ I OCCURRENCE $ 2,000,000 �cr.ATG $ 2,000,000 ! ® WC STATUS OTH- TORY LIMITS ER 1'I 'E.L EACH ACCIDENT_._,_. $ 1 OO,000 Workers Compensafwn Policy i Policyetiective and expiration date. !------- 100,000 Number .rE.L.DISEASE—EAEMPLOYEEJ $ jE.L. DISEASE —POLICY LIMIT i $ 500,000 $1,000,000 EACH CLAIM i A PROFESSIONAL LIABILITY i LJ j L_l i profess1.nalL1ab11ityPolicy Policy effectveandexpfratfondafe. $1,000,OOOANNUALAGGREGATE I I Number DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City Additional Insureds per attached endorsements.be submitted prior tcommencement of th e work to the cable Certificates of Insurance acceptable contain the its of OOshk that colverage afforded under the policies will not be canceled or ne onrenewed until at department. These certificates feast 30 days' prior written notice has been given to the City Clerk — City of Oshkosh. CERTIFICATE HOLDER City of Oshkosh, Attn: City Clerk Insurance Standard 111 THE EXPIRATION DATE, THEREOF, NOTICE WILL SHOULD ANY OF THE ABOVE DESCRIBED IBE DELIVERED IN BEFORE 215 Church Avenue SAMPLE CERTIFICATE ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1130 Please indicate somewhere on this AUTHORIZED REPRESENTATIVE Oshkosh, WI 54903-1130 certificate, the contract or project # this certificate is for. ©1988-2010 ACORD CORPORATION. All rights reserve ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CG 20 10 07 04 COMMERCIAL GENERA 2LIABILITY POLICY NUMBER: 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 PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): As required by contract Information required to co Location(s) Of Covered Any and all job sites this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended or include as an additional insured the person(s) only organization(s) shown in the Schedule, b ro property with respect to liability for "bodily injury " , p damage" 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(s) at the location(s) design- nated above. Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. © ISO Properties, Inc., 2004 ons B. With respect to the insurance afforded to insureds, the following additionse al exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, pads or equip- ment 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 insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Page 1 of 1 ❑ �----r-o-i�-�y-#— COMMERCIAL GENERAL LIABILITY004 POLICY NUMBER: ►________- 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 PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): As required by contract ation required to complete this Schedule, if not s Section II - Who Is An Insured is amended o o include as an additional insured the person(s) organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. CG20370704 Location And Description Of Corn Any and all job sites be shown in the Declarations. © ISO Properties, Inc., 2004 rations Page 1 of 1 ❑ 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS IV. LUTION EXPOSURES LIABILITY INSURANCE REQUIREMENTS POL (If exposure exists, this coverage is in addition to and combined with Insurance Standards I or II) The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is grima cover a e and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and shall remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below, whichever is longer. 1, CONTRACTORS POLLUTION LIABILITY A. Definition of "Covered Operations" in the policy must include the type of work being done for the City of Oshkosh. B. Limits of Liability: $1,000,000 Each loss for Bodily Injury, Property Damage, Environmental Damage $1,000,000 Aggregate for Bodily Injury, Property Damage, Environmental Damage (Environmental Damage includes Pollution and Clean-up costs) C. Deductible must be paid by Contractor D. If Subcontractors are used in the work, then this policy must also cover the Subcontractors 2. MOTOR VEHICLE / AUTOMOBILE POLLUTION LIABILITY — required "if" the exposure exists A. Definition of Covered Operations" in the policy must include the type of work being done for the City of Oshkosh B. Limits of Liability: $1,000,000 Each loss for Bodily Injury, Property Damage, Environmental Damage $1,000,000 Aggregate for Bodily Injury, Property Damage, Environmental Damage (Environmental Damage includes Pollution and Clean-up costs) C. Deductible must be paid by Contractor IV-1 4/14/14 D. If Subcontractors are used in the work, then this policy must also covert e Subcontractors unloading (Please show on Certificate of E. Must cover Motor Vehicle loading and Insurance) 3, ADDITIONAL PROVISIONS is A. Acceptability of Insurers - Insurance Financial al Size Category of no less than Class VIbe placed with insurers who have an M Best rating of no less than A- and a F B. Additional Insured Requirements -on and The following exposure exists) Automobileadditional Pollution insureds on the Contractors Pollute Liability coverage for liability arises out of employees and authorized volunteers.and its officers, council members, age p or to C. Certificates of Insurance acceptable tothe licablelCity department These certificates ty of Oshkosh shall be submitted lshall commencement of the work to the pp be canceled or contain a provision that coverage affordedNitu writthe p ten notice t ce has been giv nolicies will tto the City Clerk non renewed until at least 30 days prior — City of Oshkosh. IV-2 � ,C1✓XvL-D SE? 1 % Z019 DLi'T OF pU3"C WORKS OSHKO,, \vISCONSIN q,�� ECS Midwest? LLC Proposal for Subsurface Exploration and Geotechnical Engineering Proposed 2020 Capital Improvement Projects Oregon Street (West 21st Avenue to West 28th Avenue) East Snell Road (Jackson Street to Moser Street) West 28th Avenue (Oregon Street to the end of West 28th Avenue) Congress Avenue (Summit Avenue to the bridge) Washington Avenue (Lake Shore Drive to Hazel Street) North Main Street (Snell Road to Fernau Avenue) North Meadow Street (Witzel Avenue to Southland Avenue) North Eagle Street (Witzel Avenue to Southland Avenue) Parking Lot Improvements (West 10th Avenue/Oregon Street Parking Lot) Miscellaneous Additional Projects and Environmental -Only Drilling Oshkosh, Wisconsin ECS Proposal Number 59:2077-GP September 12, 2019 UMUMMUMUM "Setting the Standard for Service" t9s ECS M I DW EST,. LLC .Facilities Geotechnical • Construction Materials • Environmental Ms. Tracy Taylor City of Oshkosh Public Works 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 Email: ttaylor@ci.oshkosh.wi.us September 12, 2019 ECS Proposal No. 59:2077-GP Reference: Proposal for Subsurface Exploration and Geotechnical Engineering Proposed 2020 Capital Improvement Projects - Oregon Street (West 21st Avenue to West 28th Avenue) East Snell Road (Jackson Street to Moser Street) West 28th Avenue (Oregon Street to the end of West 28th Avenue) - Congress Avenue (Summit Avenue to the bridge) - Washington Avenue (Lake Shore Drive to Hazel Street) North Main Street (Snell Road to Fernau Avenue) North Meadow Street (Witzel Avenue to Southland Avenue) North Eagle Street (Witzel Avenue to Southland Avenue) Parking Lot Improvements (West 101h Avenue/Oregon Street Parking Lot) - Miscellaneous Additional Projects and Environmental -Only Drilling Oshkosh, Wisconsin Ms. Taylor: 2019, ECS Midwest, LLC (ECS) is pleased to present the As requested by Mr. Mike Blank on August 27, eotechnical subsurface exploration and geotechnical following unit rate proposal for providing g osal outlines our understanding of the engineering services for the above referenced project. This prop project, the proposed scope of services, activity schedule, fees, and authorization requirement. opportunity to review the Request for Proposal, review to preparing this proposal, we have had the opp Y available geologic and geotechnical information for the general site vicinity, review aerial photography, and discuss the overall project with you. PROJECT DESCRIPTION It is our understanding, the planned 2020 capital improvement projects will include construction on at tion will least nine different project locations throughout the city. ind to 'he/replwe acetment of watermainicipate the csanitary vary from anticipated partial or total pavement reconstruction and/or storm sewer utilities. imiteoxom 1060 Breezewood Lane, Suite 102Ch.aECShlVlid Mid -Atlantic, LLC •9EC5 Midwest, LLCF• ECS Southeast, LLP •SIECS Southwest, LLP ECS Capitol Services, PLLC • ECS Florida, LL ., r� i 1 September 12,2019 A subsurface exploration consisting of a series of test borings will be performed at the site to evaluate the subsurface conditions within limits of the proposed construction sites. The scope of services proposed for this geotechnical subsurface exploration and geotechnical engineering analysis is given in the following section. SCOPE OF SERVICES Our integrated services will include drilling of test borings by drill crews under our supervision, laboratory testing of representative soil samples for pertinent engineering properties, and various engineering analyses and preparation of a geotechnical engineering report. The borings will be extended to the em be proposed depths below the existing ground surface, unless oerationsr the samples vefusal causes v II be oreturned too terminated at a more shallow depth. Upon completion of drilling p laboratory in Neenah, Wisconsin for further identification and testing. Our proposed scope of services are as follows: Field Exploration The proposed boring locations will be marked in the field by ECS utilizing simple measuring techniques and/or GPS. In addition, Digger's Hotline will be contacted to mark utilities in the vicinity of the boring locations. However, we understand the City of Oshkosh will provide an engineering staff member to assist in boring layout, will provide surface elevation determination at each borehole, and will mark utilities within a radius of marked boring location. • Mobilize a truck or an ATV mounted drilling rig to the site. • As requested, one -hundred and six (106) standard penetration test borings will be performed for this exploration. Further, ten (10) of the borings be extended to 10 feet for environmental -only drilling, and twenty-six (26) to 15 feet, twenty-three (23) to a feet,twenty-one miscellaneous (21)rojet s 5 feet, and twenty-six (26) to 30 feet for the roadways, parking The borings will be extended to the proposed depths below the existing ground surface, unless auger refusal causes them to be terminated at a shallower depth. • Measure depth of groundwater within each borehole atthe time of drilling and prior to backfilling. • Upon completion of subsurface exploration drilling, each of the boreholes will be backfilled in accordance with Wisconsin Administrative Code NR141. In pavement areas, we will patch the asphalt surface with a cold mix asphalt patch of an equivalent or greater thickness of asphalt. Borings advanced in concrete pavement areas will be patched with a non -shrink cement grout. Upon completion of drilling operations, the collected representative samples will be returned to our laboratory for further identification and testing. C September 12, 2019 Laboratory Testing • The subsurface exploration program will include limited laboratory testing, as we deem necessary to evaluate the classification, strength, and other characteristics of the encountered subsurface materials. • As a minimum, we will perform calibrated hand penetrometer resistance tests on cohesive soil samples, as well as moisture contents on select samples. Report Upon completion of testing and geotechnical engineering analysis, we will prepare a written geotechnical engineering report that presents our findings and recommendations. As noted within the RFP and the "Proposal Cost Breakdown for Subsurface Exploration" document included with this proposal, ECS will prepare three (3) written reports that document the results of the field and laboratory test programs. The geotechnical engineering reports will include the following items: • Observations from our site reconnaissance including current site conditions, surface drainage features, and surface topographic conditions. • A review of the published geologic conditions and their relevance to your planned construction. • A subsurface characterization and a description of the field exploration and laboratory tests performed. Ground water concerns relative to the planned construction, if any, will be summarized. • Records of the field exploration (test boring logs) prepared in accordance with the local standard practice for geotechnical engineering. A boring location plan will be included, and the results of the laboratory tests will be plotted on the boring logs or included on a separate test report sheet. • Summary tables of the encountered subsurface conditions by street. • Construction considerations relative to the subsurface conditions. • Recommendations for additional testing and/or consultation that might be required to complete the geotechnical assessment and related geotechnical engineering for this project. • Other items specifically outlined within the RFP will also be included in each report. ECS ADVANTAGES In addition to the standard services many local geotechnical engineering firms provide, ECS has distinguished itself on multiple disciplines to allow us to "Set the Standard of Service" for you, our clients. vC5 f+,iidV,e'st,;:. Most notably: Resources. ECS has extensive experience in Wisconsin, which allows us to meet your schedule and project timeline requirements with efficient and well-informed recommendations. Our track record demonstrates our ability to execute quality services for your fast -paced projects. Experience. ECS has established an extensive subsurface database for all local geologies, allowing us to economically price subsurface explorations and offer the most appropriate techniques initially, not after the first phase of testing is complete. • Technology. ECS utilizes Global Positioning System (GPS) services to more accurately locate borings in the field. This technology allows us to control the responsiveness of our subsurface exploration and ultimately our report deadlines, versus relying on other firms to locate borings. • Expertise. ECS has in-house geotechnical and geophysical testing. These services include vibration monitoring, pile driving analyzer (PDA) testing, pressuremeter testing, site classification for seismic design, seismic refraction (rock surface studies), ground penetrating radar (GPR), and electrical resistivity imaging (ERI) services. PROJECT TEAM ECS believes the project team is critical to the success of any project. ECS proposes assigning members of our team that have been pletvddmore than 100projects Oshkoshthroughout projectsOshkosh throughout theThe past 20 years Team members have complete include the following: .4, 2011 Capital Improvements Projects /- USH 41 Sanitary Sewers and Watermains Washburn Street Realignment .4, North Koeller Street Reconstruction � Lutheran Homes of Oshkosh � UW-Oshkosh Residence Halls Fox Valley Technical College Expansion .1. Veteran's Museum � WRC Treatment Center .4. Witzel Avenue Reconstruction — Oakwood Road to USH 41 This team will be responsible for all aspects of the project and includes one of our owners for oversight of the entire process. We propose the following for the management team: • Office Manager: Alex E. Barker, P.E., Office Manager • Department Manager: Matthew A. Meyer, P.E., Geotechnical Department Manager • Project Manager: Mark E. King, P.E., Group Manager/Senior Geotechnical Engineer • Project Engineer: Isaac MacMillan, E.I.T., Staff Geotechnical Project Manager Lead Driller: Gerald Broennimann, Lead Driller • Lead Driller: Benjamin Broennimann, Lead Driller September 12, 2019 ECS Professional Profiles for our professional technicians, and drilling ars are ss stantswith 'wth experience (that can provide) draw from a pool of staff engineers, the services you require to meet your project's milestones. FEE It is proposed that the fee for the performance of the above outlined services be determined on a unit rate basis. On the basis of the above Scope of Services and the attached "Proposal Cost Breakdown for Subsurface Exploration, the total fee will not exceed $66,852.25 without authorization from the City of Oshkosh. The above fee is based on the assumption the site is accessible to a truck or an ATV mounted drill rig. This proposal also assumes the soil borings can be performed during normal work hours (Monday - Friday, lam to 5pm). If any additional services are requested or required based on differing site conditions, we will contact your office (or assigned representative) for verbal and written authorization for additional services. SCHEDULE In preparing this proposal, we have assumed the client will assist in the coordination of our access to the site with the current site owners/occupants. We anticipate being able to mobilize to the site within approximately three to four weeks after authorization to proceed. We anticipate that the drilling operations will require approximately five to six weeks, and that the laboratory testing, after drilling is completed, will require approximately five to ten days. Therefore, for time budget purposes, the base scope of services should take approximately eight to ten weeks from initial authorization through final report submission. Since we understand authorization of the work will t team easily meet the ee ort be made by September 24, 2019, we anticipate Januaryt the ECS 2020pandcMarch 2,112020) Verbal commentsonon delivery deadlines (December 30, 20 Y findings can typically be provided within 3 to 5 days of drilling completion, if requested. CLOSING If other items are required because of unexpected field conditions or because of a request for additional services, they would be invoiced in accordance with our current Fee Schedule. Before modifying or expanding the extent of our exploration program, you would be informed of our intentions for both your review and authorization. Our insurance carrier requires that we receive written authorization prior to initiation of our services, and a signed contract prior to the release of any work product. This letter is the agreement for our services. Your acceptance of this proposal may be indicated by signing and returning the enclosed copy to us. We ,- r September 12, 2019 are pleased to have this opportunity to offer our services and look forward to working with you on the project. Respectfully submitted, ECS Midwest, LLC Matthew Meyer, P.E. Geotechnical Department Manager mmeVer@ecslimited.com Enclosures: Proposal Acceptance Sheet Terms and Conditions of Service UNt Alex E. Barker, P.E. Office Manager abarker@ecslimited.co [ \\S59-ARES\Data\{proposals}\2000\2077 -city of Oshkosh -2020 CIP\2077-GP city of Oshkosh - 2020 Capital Improvements Projects.docxj S- . September c� ri}1:d1h1�, L� i PROPOSAL ACCEPTANCE FORM Proposal No.: 59:2077-GP Scope of Services: Subsurface Exploration and Geotechnical Engineering Services Location: Proposed 2020 Capital Improvement Projects, Oshkosh, Wisconsin Client Signature: Date: Geotechnical Subsurface Exploration & Reports ($66,852.25): ❑ Yes ❑ No Please complete this page and return one copy of this proposal to ECS to indicate acceptance of this proposal and to initiate services on the above -referenced project. The Client's signature above also indicates that he/she has read or has had the opportunity to read the accompanying Terms and Conditions of Service and agrees to be bound by such Terms and Conditions of Service. BILLING INFORMATION (Please Print or Type) Name of Client: Name of Contact Person: Telephone No. of Contact Person: Company Name: Person/Title Department: Billing Address: Telephone Number: Fax Number: Client Project/Account Number: Special Conditions for Invoice: Submittal and Approval: ECS offers an array of services to assist you with many phases of your project, including but not limited to: Roofing, and Waterproofing d Party Mechanical, Electrical, Plumbing •Building Envelope, • Phase I, II and III ESAs ections Services Inspection and Consultation Assessments technical Engineering Servicesstruction . Pre- and Post -Construction Condition Assessments LArchaeological ds Delineations Materials Testing•Specialty L Materials and Forensfcs Testing os/Lead Paint Services Design Services LEED' Consulting Services Air Quality Mold Servicestic/Drainfield interested in and a member of the ECS team will contact you to discuss Please indicate any of the services you are how we can be of service to your project. C ALEX E. BARKER; PE OFFICE MANAGER, PRINCIPLE GEOTECHNICAL ENGINEER REGISTRATIONS Professional Engineer: IL,ID, KS, NM, MI, MO, OH, OK, TX, NE, WV, AND WI PROFESSIONAL AFFILIATIONS j American Society of Civil Engineers GBA — Geoprofessional Business Association Deep Foundation Institute Executive Agenda SKILLS Slope Stability j Bearing Capacity Pavement Design Deep and Shallow Foundation Systems Ground Improvement I Underground Construction i Earth Retention Site Development In -situ Pressuremeater Testing and Analysis Oversight of Construction Materials Oversight of Phase 11 Environmental Drilling Services EDUCATION Masters of Science, Civil Engineering, Michigan Technological University Bachelor of Science, Civil Engineering, Michigan Technological University PROFESSIONAL PROFILE As Office Manager, Mr, Barker, P.E. is responsible for overseeing the Neenah and Green Bay, Wisconsin offices including technical oversight, office staffing, client maintenance, financial performance and quality control. He has over 30 years of geotechnical experience in explorations and analyses and construction material consulting for projects involving low and mid rise structures. Mr. Barker is also an active member of the American Society of Civil Engineers, GBA— Geoprofessiona) Business Association, Deep Foundation Institute, Executive Agenda and has attended numerous continuing education conferences. PROJECT EXPERIENCE • Buffalo Dunes Wind Project, Haskell Co, KS • Broadview Wind Project, Deaf Smith Co, NM • Chapman Ranch Wind Project, Nueces Co, TX • Fox Cities Exposition Center, Appleton, WI • Copper Leaf Hotel, Appleton, WI • Microbial Sciences Building, University of Wisconsin, Madison, WI • Cell 7 Demonstration Project, Port of Green Bay, Green Bay, WI • Central Brown Co Water Transmission Sink Hole and Pavement Distress Study, Brown County, WI • Warch Campus Center, Lawrence University, Appleton, WI • Banta Bowl Renovation, Lawrence University, Appleton, WI • Sludge Storage Lagoon Failure Study, Neenah Water Utility, Neenah, WI • Slope Distress Study, Garner Creek Communities, Town of Buchanon, WI • UW Hillel Center, University of Wisconsin, Madison, WI • St. Elizabeth Hospital Parking Structure, Appleton, WI • St. Elizabeth Hospital Bed Tower, Appleton, WI • Appleton Medical Center Parking Structure, Appleton, WI • Appleton Medical Center Bed Tower, Appleton, WI • Appleton Medical Heart Institute, Appleton, WI • Richmond Terrace Development, Appleton, WI • Charter Street Heating Plant, University of Wisconsin, Madison, WI • Mohican North Star Casino, Bowler, WI • Udey Dam Distress Study, Columbus, WI • Montello Dam Embankment Study, Montello, WI • Marion Dam Seepage Study, Marion, WI • Wastewater Treatment Facilities, Hortonville, WI • Wastewater -Treatment Facilities Upgrades, Fon Du Lac, WI • Appleton Performing Arts Center, Appleton, WI • River Heath Development, Appleton, WI • Ethanol Plant, Jefferson Grain Processors, Jefferson, WI • New Digesters, Renew Energy, Jefferson, WI • Germ Oil Extraction Plant, Renew Energy, Jefferson, WI EDUCATION Master of Science, Civil Engineering, University of Wisconsin -Platteville, WI (2013) Bachelor of Science, Civil Engineering, University of Wisconsin- Platteville, WI (2002) REGISTRATIONS Professional Engineer: WI, MI, MN, MO, SD, IA CONTINUING EDUCATION Annual Geotechnical Engineering Conference — Univ. of Minnesota, St. Paul, MN (2006-2009, 2011-2013, 2015- 2019) 131h Annual Great Lakes Geotechnical and Geoenvironmental Conference — UW Milwaukee (2005) 301h National Course on Foundation Engineering —UW Madison (February 2005) WDNR Post -construction Storm Water Management Workshop — Green Bay, WI (December 2004) PROFESSIONAL ASSOCIATIONS ASCE—American Society of Civil Engineers Phi Kappa Phi Honor Society 1 Geotechnical Department Manager Mr. Meyer is Geotechnical Department Manager for the ECS Midwest, LLC Neenah office, formerly River Valley Testing Corp. He possesses over 16 years of professional experience including engineering consultation, coordination, and review for geotechnical explorations and construction materials testing. He has BS in Civil Engineering and an MS in Geotechnical Engineering from the University of Wisconsin, Platteville. Mr. Meyer has experience and expertise in a variety of areas including shallow foundations, deep foundations, retaining wall design, pavements, slope stability analysis, geotechnical instrumentation, distress investigation, settlement monitoring, staged embankment construction and storm water management. Mr. Meyer is a licensed professional engineer in WI, MI, MN, SD, IA and MO. He is also a Wisconsin Certified Soil Tester. SAMPLE PROJECT EXPERIENCE • Fox Cities Exhibition Center, Appleton, WI • CHS Co-op Facility, Center Valley, WI • Various Bridges, WDOT, WI • USH 41-143 Interchange Embankments, Green Bay, WI • RiverHeath Development, Appleton, WI • Badger Mining New Screening Building, Taylor, WI • Fond du Lac WPCP, Fond du Lac, WI • JCl/Biolife Foundation Distress, Menasha, WI • Neenah Sludge Lagoons, Neenah, WI • Lawrence University Campus Center, Appleton, WI EDUCATION Bachelor of Science, Civil Engineering, University of Wisconsin- Platteville, WI REGISTRATIONS Professional Engineer: WI, MI PROFESSIONAL ASSOCIATIONS Chi Epsilon: National Civil Engineering Honor Society American Council of Engineering Companies of Wisconsin Transportation American Society of Civil Engineers Geoprofessional Business Association Mr. King is Geotechnical Group Manager for the ECS Midwest, LLC Green Bay office, formerly River Valley Testing Corp. He possesses over 15 years of professional experience including coordinating and reviewing geotechnical explorations, construction materials testing services, and environmental site assessments for industrial, municipal, commercial, and residential structures. His primary responsibilities now include managing and coordinating geotechnical engineering projects, proposal and report review, financial performance for the geotechnical department and maintaining client relationships. Mark King, P.E. Geotechnical Group Manager Mr. King's experience expands many geotechnical practices including slope stability analysis, pore pressure monitoring, pile driving analyzer (PDA) data, caissons, rammed aggregate piers, deep foundations, and forensic engineering studies for distressed asphalt and concrete structures. He also prepares reports for bridge foundations and retaining walls utilizing the LRFD methodology along with subsurface exploration for site feasibility for foundations, pavements, and storm water management devices. SAMPLE PROJECT EXPERIENCE • Central Brown County Water Authority, Brown County, WI • Cell 7 Demonstration Project, Green Bay, WI • North Star Casino, Bowler, WI • Bay Area Medical Center Replacement Hospital, Marinette, WI • Austin Straube) International Airport, Green Bay, WI • Menards, Northeast, WI • Bayport High School Addition, Howard, WI • Procter and Gamble Paper Products Company, Green Bay, WI • Cabela's, Green Bay, WI • Manitowoc Wastewater Treatment Facility Improvements, Manitowoc, WI • Various Bridges and Roadways, Wisconsin and Michigan PROPOSAL COST BREAKDOWN FOR SUBSURFACE EXPLORATION AND GEOTECHNICAL ENGINEERING SERVICES 2020 CAPITAL IMPROVEMENT PROJECTS OREGON STREET (WEST 21ST AVENUE to WEST 28TH AVENUE) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 925.00 1. Boring Layout Sum 1 $ 925.00 $ Mobilization/Daily Lump 1125.00 2. Travel/Traffic Control Sum 1 $ 3. Soil Borings Feet 510 $ 13.95 Project Engineering and Lump 4. Reporting Sum 1 $ 3700.00 1125.00 $ 7114.50 $ 3700.00 SUBTOTAL: OREGON STREET $ 12,864.50 EAST SNELL ROAD (JACKSON STREET TO MOSER STREET) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1. Boring Layout Sum 1 $ 600.00 $ 600.00 Mobilization/Daily Lump 2. Travel/Traffic Control Sum 1 $ 700.00 $ 700.00 3. Soil Borings Feet 325 $ 13.95 $ 4533.75 Project Engineering and Lump $ 2350.00 $ 2350.00 4. Reporting Sum 1 SUBTOTAL: EAST SNELL ROAD $ 8,183.75 I:\Engineering\2020 CONTRACTS\2020 Sub 1nv\RFP\Proposa1 Cost Breakdo�—8-27-19.dooc Page 1 of 6 WEST 28TH AVENUE (OREGON STREET TO THE END OF WEST 28TH AVENUE) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1 Boring Layout Sum 1 $ 475.00 $ 475.00 Mobilization/Daily Lump 2. Travel/Traffic Control Sum 3. Soil Borings Feet Project Engineering and Lump 4. Reporting Sum SUBTOTAL: WEST 28TH AVENUE 1 $ 600.00 270 $ 13.95 1 $ 1950.00 $ 600.00 3766.50 $ 1950.00 6,791.50 CONGRESS AVENUE (SUMMIT AVENUE TO THE BRIDGE) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1 Boring Layout Sum 1 $ 75.00 $ 75.00 Mobilization/Daily Lump 100.00 $ 100.00 2. Travel/Traffic Control Sum 1 $ 3. Soil Borings Feet 45 $ 13.95 $ 627.75 Project Engineering and Lump Sum 1 $ 325.00 $ 325.00 4. Reporting SUBTOTAL: CONGRESS AVENUE $ 1,127.75 1:\Engineering\2020 CON7RACrS\2020.Sub 1m•\RFP\Proposa1 Cost Breakdown_8-27-19.doc Page 2 of 6 WASHINGTON AVENUE (LAKE SHORE DRIVE TO HAZEL STREET) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1. Boring Layout Sum 1 $ 350.00 $ 350.00 Mobilization/Daily Lump 2. Travel/Traffic Control Sum 1 $ 3. Soil Borings Feet 200 $ Project Engineering and Lump 4. Reporting Sum 1 $ 425.00 $ 425.00 13.95 $ 2790.00 1450.00 $ 1450.00 SUBTOTAL: WASHINGTON AVENUE $ 5,015.00 NORTH MAIN STREET (SNELL ROAD TO FERNAU AVENUE) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1. Boring Layout Sum 1 $ 650.00 $ 650.00 Mobilization/Daily Lump 2. Travel/Traffic Control Sum 3. Soil Borings Feet Project Engineering and Lump 4. Reporting Sum SUBTOTAL: NORTH MAIN STREET 1 $ 800.00 360 $ 13.95 $ 800.00 $ 5022.00 1 $ 2600.00 $ 2600.00 $ 9,072.00 1:\Engineering\2020 CONTRACTS\2020 Sub Inv\RFP\Proposal Cost Breakdoivr 8-27-19.d= Page 3 of 6 NORTH MEADOW STREET (WITZEL AVENUE TO SOUTHLAND AVENUE ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL Q TY. Lump 1. Boring Layout Sum 1 $ 175.00 $ 175.00 Mobilization/Daily Lump 2. Travel/Traffic Control Sum 3. Soil Borings Feet Project Engineering and Lump 4. Reporting Sum 1 $ 225.00 $ 225.00 105 $ 13.95 $ 1464.75 1 $ 750.00 $ 750.00 SUBTOTAL: NORTH MEADOW STREET $ 2,614.75 NORTH EAGLE STREET (WITZEL AVENUE TO SOUTHLAND AVENUE) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1. Boring Layout Sum 1 $ 175.00 $ 175.00 Mobilization/Daily Lump 2. Travel/Traffic Control Sum 1 $ 225.00 ffi 3. Soil Borings Feet 105 $ 13.95 Project Engineering and Lump 4. Reporting Sum 1 $ 750.00 SUBTOTAL: NORTH EAGLE STREET $ 225.00 $ 1464.75 2,614.75 750.00 l:\Engineering\2020 CONTRACTS\2020 Sub Inv\RFP\Proposal Cost Breakdoim 8-27-19.dooc Page 4 of 6 PARKING LOT IMPROVEMENTS (WEST 10TH AVENUE/OREGON STREET PARKING LOT) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. Lump 1. Boring Layout Sum 1 $ 100.00 $ 100.00 Mobilization/Daily Lump 2. Travel/Traffic Control Sum 3. Soil Borings Feet Project Engineering and Lump 4. Reporting Sum 1 $ 125.00 60 $ 13.95 1 $ 425.00 $ 125.00 $ 837.00 $ 425.00 SUBTOTAL: PARKING LOT IMPROVEMENTS 1,487.00 MISCELLANEOUS ADDITIONAL PROJECT(S) ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL . QTY. Per 1. Boring Layout Bore 10 $ 50.00 $ 500.00 Mobilization/Daily Per 2. Travel/Traffic Control Bore 3. Soil Borings Feet Project Engineering and Per 4. Reporting Bore SUBTOTAL: MISCELLANEOUS PROJECT(S) 10 $ 50.00 $ 500.00 175 $ 13.95 $ 2441.25 10 $ 150.00 $ 1500.00 4.941.25 I:\Engineering\2020 CONTRACTS\2020 Sub Inv\RFP\Proposal Cost Breakdown 8-27-19.dooc Page 5 of 6 MISCELLANEOUS/UNDISTRIBUTED ITEMS STEAM CLEANING OF 100.00 X 7 TIMES = $_ 700'00 DRILLING EQUIPMENT (UNIT COST $________) ROCK CORING SOIL BORINGS BLIND DRILLING (UNIT COST $ 75.00 ) X 100 FEET = $ 7500.00 (UNIT COST $ 13.95 ) X 100 FEET = $ 1395.00 (UNIT COST $ 9.00 _) X 100 FEET= ENVIRONMENTAL -ONLY 13.95 X 100 FEET= DRILLING (UNIT COST $___.__-) 1395.00 DRUMS FOR IMPACTED SOIL, INCLUDING RELOCATION LOI Y PROPERTY O ERTY (UNIT COST $? _)X 5 DRUMS= $ TOTAL PROPOSAL COST 1:\Engineering\2020 CONTRACTS\2020 Sub Inc\RFP\Proposal Cost Breakdown_8-27-19.d0oc $ 66,852.25 Page 6 of 6 `Setting the Standard for Service' Cj ECS MID'WEST, LLC 9Is .Environmental •Facilities Geotechnical • Construction mat erla nical Fee Schedule 2019 Geofech Fees FIELD AND LABORATORY: Special Quote 1. Drjll Rjg Mobilization Special Quote a. Truck Rig $50.001day b. ATV Rig $150.001day C. Daily Truck Rental d. Daily ATV Rental and Pavement Patch Drilling, Sampling, Abandonment, $9.00/foot $13.95/foot 2. a. Auger Drilling (no sampling) $18.00/foot b. U-40' 40'+ $75,00/foot $175.00/each C. d. Rock Coring Bridge Deck Penetration and Patch $130.001hour Federal Rates 3, 4, Boring Layout and Elevations $165.00/hour 5. Per Diem Access Delay $30.00/each $5.00/each 6, 7. Water Content and Dry Density Only (ASTM D2216) $45.00/each $60.00/each g Water Content Unconfined Compression Test (ASTM D2166) D4318) Index (ASTM $37,00/each g 10. Atterberg Limits Including Plasticity Organic Content Test (ASTM D2974) $85.00/each 11. 12. Mechanical Analysis the #200 Sieve (AST ASTM $45.00/each a. Through C117)136) b. Through the #200 Sieve Only ( $30.O0 each 13. Miscellaneous a. Shelby Tube Extrusion during sampling) $35.00/each b. Shelby Tubes (If damaged $100.00/each EQUI_ aM T. Steam Cleaning $50.00/each $85.00/day 14. 15. 55 gallon Drums Coring Machine Rental $4.50/inch $85.00/day 16. 17 Bit Wear Traffic Control Signage $400.00/day Fed.Reimburse. 18. 19. Flagman (Per Man) Drill Rig mileage) +$0.25/mile 20, Mileage (not including $125.00/day 21. Manual Boring Equipment Rental SPT Sampling Equipment $375.00/day a. b. Hydraulic Tripod Assembly $50,001hour TECHNICAL STAFF $50.00/hour 22. Clerical $175.00/hour 23. Senior Technician Crew Two -Man Coring/Manual Boring $200.00/hour 24, PROFESSIONAL SERVICES $150.00/hour ineer 25. Principal Registered Engine $105.00/hour 26. Senior Registered Engineer$90.00/hour 27. Registered Engineer 1 Engineer 28. Staff Geotechnica quoted project, whichever is longer. Services not listed on this schedule `,vilply foe services REMARKS: ear 2019 or the duration of the illportal to The above rates are valid for calendar y ng an month is $25.00. An overtime rate anytime es the Person ad lance scheduling is as provided through Friday, s and holidays, one day on request. The minimum Invoice of� o is de of 7 00 amdtor'e 00 P fo services performed on Sunday performed over 8 hours per dayrate portal. A premium rate of 2•services;tsamhe e day s scheduling may be subject to additional charges. requested for all field testing 54956 T'. 920.886,1406 • F: 920.886.1409 • ecslimited.com 1060 Breezewood Lane, suite 102, Neenah, Wl C •ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC ECS Southeast, LLP ECs Southwest, LL ECS Capitol Services, PLL CE 1210112018 Client#:215 OF L�AgILITY INSURAN IFIE POLICIES GATE ERA GE AFFORDED BY AUTHORI ED ACORD. CERT CONFERS NO RIG UPON THE CERTIFICATE HOLDER. THIS ONLY AND D ORAL THE CO S A MATTER OF INFORMATION EXTEN CT BE-I.WEEN THE ISSUING INSURERS , OR NEGATIVELY AMEND, CONTRA subject to THIS CERTIFICATE IS ISSUED A NCE DOES NOT COST►TUTS A CERTIFICATE DOES NOT AFFIRMATIVELY OF INSURANCE Y o(icy( S CERTIFICATE AND THE CERTIFICATE HOLDER. p les must be endorsed. If SUBROGATION IS WAIVE ' B ELOW • THJ ODUCER, INSURED, nent. A statement on this certificate does not confer rights to the REPRESENTATIVE OR P policies may require an endorse FAX Ext. 102 olicy, certain p cor+TACT Meg S. Lee, CIC C. No . IMPORTANT: if o the of theop er is an ADDITION NAME. gOQ the terms and PHONE 703-988 0 r com certificate holder in lieu of such endorsements . Nc Ne' Ext . theanderseng p NAIC AppREss: meg@ 10677 PRODUCER Group INSURER(S) AFFORDING COVERAGE Andersen Insurance Cempany 29459 5870 Trinity ParkINSUR I way ERA: Cincinnatiinsu" ur 22667 Suite 130 INSURER B : Twin City Fire n VA 20120 surance Co. Centreville, INSURER C ; ACE Amedcan Insurance Company INSURED INSURER D : ECS Midwest, LLC I ce URER I-: 14026 Thunderbolt INS a INSURER IF: REVISION NUMBER: Suite 700 Chantilly, VA 20151 NUMBER: FORTH RIOD OTHER DOCUMENT S ISUBdE r TO ALL WHICH TERMS, E VE BEEN ISSUED TO THE INSURED NAMED ABOVE ESPEC POLICY PE CERTIFICAT CONTRACT OR POLICIES OF INSURANCE LI ORD ONDI ON OF ANYTHE POLICIES DESCRIBED HEREIN I COVERAGES LIMITS TERM BY PAID CLAIM THIS IS TO CERTIFY THAT THE F PERTAIN THE INSURANCE AFFORDED BEEN REDUCED POLICY EXP OR MAY PERTAIN, POLICYEFF MMiDDIYYYY s2000,000 INDICATED. NOTWITHSTANDING ANY MMIpDIYYYY NCH OCCURRENCE $ 500,000 CERTIFICATE MAY BE ISSUED OF SUCH POLICIES. LIMITS SHOWN MAY HAV 121011201 CONDITIONS ADDLSUBR POLICY NUMBER 1210112018 DAMAGE TO RENTED EXCLUSIONS AND INSR VJ I PREMISES Ea occurtence $10,000 TYPE OF INSURANCE X X FNp0219995 MED EXP (MY one person) INSR --..,.,n QY $2,000____ ,000 lK A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X Contractual Liab XNX C E LIMIT APPLIES PER: on, ICY X jE0 LOC X X EBA0463053 A AUTOMOBILE LIABILITY X ANY AUTO SCHEDULED ALLOWNED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS X X ENP0219995 A X UMBRELLA LIAB X OCCUR CLAIMS -MADE EXCESS LIAB 42WBRS49525 DED X RETENTION$0 WORKERS COMPENSATION LIABILITY Y❑ X All States Endt B AND EMPLOYERS' ECUTIVE P NE N N I A A FICEWMEM13 R E CL DED? (Mandatory in NH) iiyas^oescnbeunder DONSbeIoW g ON OF OPERA X X CPMG28192289 AGG $ 210112018 121011201 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE per accident 121011201 EACH OCCURRENCE 1210112018 AGGREGATE 12018 121011201 210112018 1210112019 100,000 �50 000 Retent ongr C pollution Liab if D 101Addional more space is required) F OPERATIONS I LOCATIONS I VEHICLES (Attach ACO DESCRIPTION OR, tiRemarks Schedule, CANCELLATION EF THEREOF, NOTICE WILL BE DELIVERED ER SHOULD ANY OFON pAATEVE DESCYIBPROVISIONS.OLICIES BE CANCELLED B CERTIFICATE HOLD THE EXPIRA WITH THE POLIO ACCORDANCE Verification of Coverage AUTHORIZED REPRESENTATIVE ORATION, All rights re! p 1g88-2010 ACORD CORP The ACORD name and logo are registered marks of ACORD MEF ACORD 25 (2010105) 1 of 1 #S3054821M288420 214/2019 URI ANCE OF L►AB1�1TY ►N BY THE POLICIES cJ TS UPON THE CERTIFICATE HOLDER. THI / CERTIF►GATE ONLY AND CONFERS NO OR ALTeR THE COTH SUING INSURER(S), AUTHORIZED C�Rv TfER OF INFORMYTAMEND, EXTECpNTRACT BETWEEN INSURED Provisions or ba endorsed. ppES NOTL CONSTI?UTE A n n r m nt. A statement on TE IS ISSUED ASA NELY OR ER ave ADDITIONAL ado Se a me TIFICA SNOT TE OF INSURANCE OLD 1es) must h require THIS CER DOE D THE In H the policy( olicieS may CERTtFICATHIS CERTIFICA SURED+ policy, certain P BELOW. PRODUCER, AN DDITIONAL IN of the P orsement(S)' 703 2279 ESENTATIVE OR older is an A terms and conditions such end IAC, No):( ) 827' REPR Certificate subject to the _ older in lieu CONTACT 2277 NT: If the certificate h NAME 827' IMPORT OGATION IS WAIVED, , rights to the Ia�NNe Ext): (703) ough,com NAIC h of confer rig amesy If SUBR • E•MAIL admin °C S AFFORDING COVERAGE CNA A XV 20443 this certificate does n ADDRESS' INSURER _..�— Com an Ames & Gough 8300 Greensboro Drive (Suite 980vA 22J02 McLean, INSURED Midwest, LLC REVISION Nu' __ ECS MidW Boulevard INSURERF: ED ABOVE FOR THE POLICY PEC�tQ 1575 Barclay IL 60089 WITH RESPECT TO WHICH TH1 Buffalo Grove, -"IS THE I T DOCUMENT BER CT OR OTHER HEREIN IS SUBJECT TO ALLTHE TERM` CERTIFICATE NUM LISTED BELOW HALF ANY CONTRA SCRIBED INSURANCE CONDITION BY THE pOLIC1ESlp CLAIMS• LIMITS OF ENT, TERM OR AFFORDED REDUCED rF PA VERAGES THAT THE POLICIREEQU REM E INSURANCE MAX HAVI-BEEN POLICY EFF POLICY EXP $ CO IS IS TO CERT�; HSTANDIN OR MAY FtmLymN, Lj 3 SHOWN MMIDD MMIDD EACH OCCURRENCE LIMIT UMBER GETORENTED $ OLICIES. DREA SES Ea occu ence INDICATEDTENo BE ISSUED SUCH P SUS POLICY N CERTIFICA M coNDlT1ONS OF poRi MEp EXP An one erson g -- INSD EXCLUSIONS AND OfINSURANCE PERSONAL & ADV INJURY $ ILTR COMMERCIAL GENERALLIABILITY LAGGREGATE $ OCCUR GENERA CLAIMS -MADE pRODUCTS-COMPIOP AGG $ APPLIES PER. GEN'L AGGRE I pR0- ❑ LOG POLICY ❑ JECT OTHER: gIL17Y AUTOMOBILE LIA ANY AUTO SCHEDULED AUTOS p'p,UTo, ONLY NON-OWNED H1RED AUTOS AU70S ONLY OCCUR UMBRELLALIAS CLAIMS-MAOE EXCESS LIA6 RETENTION $ DED sATION Y I N ORKERSOYE ps LIABILITY AND EMPL RTNERIEXECUTIVE N I A W ANY PcopRtET R EXCLUDED7 If Yes, describe unu OPERATION' DESCRIPTION OF ched if more space ,s regwred) Professional Liab. a be atta TIONS i LOCATION S I VEHICLES (ACORDAdditional Remarks ScV,,dule, m y DESCRIPTION OF OPERA CANCEL-`"" + ANCELL THE ABOVE OF POLICIES BE C NY OF DATE THEREOF, NOTICE WILL BE DEl SHOULD A TION THE P tTIFICATE HOLDER pcCORDAN WITH OLIGY PROVISION Purposes Only AUTHORIZED REPRESENTATIVE For Bidding Q 1 /vU� ORATION, ©19Sg.2015 ACORp CORP All ric p 25 (2016103) The ACORD name an d logo are registered marks of ACORD ACOR OF LIAEILITY INSUKH►��'- _- �'1 _CVES ERTIFICATE E COVERAGE AV INSURER( ), UTHORIZED ,CAR C ONLY A ND CONFERS NO RIGHTS UPON THE CE FORDED ATE HOLDER. I IS EXTEND tR ALTER THE ISSUING I MATTER OF INFORMATIONMEND, A CONTRACT BETWEEN THE IS ISSUED AS OR NEGATIVELY pOES NOT CONSTITUTE revisions or be endorsed. THIS CERTIFICATE NOT AFFIRMATIVELY OF INSURANCE OLDER. CERTIFICATE CERTIFICATE AND THE CERTIFICATE H les) uire an endorsement. A statement on olicY( must have ADDITIONAL INSUR BELOW. THIS ODUCER, the p Certain policies may req OR PR DDITIONAL INSURED, olicy, REPRESENTATIVE end0rsement(s). PAX (703) 827-2279 It the certificate holdercYstont►Aie terms and conditions oft e IMPORTANT: subl CONTACT (AIC, No OGATION IS WAIVED, AME. 703) H27'227 f If SUER • to does not confer rights to the certificate holder in lieu o su pHoNE aC N°, Ext : ( camesgough.com NAIL # this cer6fica V$� - F_MAI� -adm►n `, rnVERA99 PRODUCER Ames & Gough 8300 Greensboro Drive (Suite 98014A 22102 McLean, INSURED ECS Midwest, BLC oulevard RECEI K T OF PU$N �S UN�1r1 �OS0-OSkl, 1575 Barclay IL 60089 INSURER r : Rtvlol— Buffalo Grove, TE NUMBER: TRACT OR OTHER DOCUMENT WI TH RESPECT TO WHICH THIS CERTIFIC A W HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TH E P PERIOD CE LISTED BELO OF ANY COpOLICIES DESCRIBED HER IS SUBJECT TO ALL T TERMS, AVERAGES TERM OR CONDITION BY THE LIMITS THE POLICIES OF INSURAN CLAIMS. CERTIFY THAT REgUIREMETHE INSURANCE AFFORDED POLICY EXP THIS IS TO THSTANDING ANY PERTAIN, MAY HAVE BEEN REDUCED FF PAID NOTWI pR MAY POLICY EFF MM pp�YYYY BE ISSUED POLICIES. LIMITS SHOWN MM DDIYYYY EACH OCCURRENCE INDICATED. SUCH CERTIFICATE MAY CONDITIONS OF DAMAGETO RENTED ADDL SUBR POLICY NUMBER occurrence $ IN D VJVD PREMISES Ea EXCLUSIONS AND MED EXP An one erson]_ !SR TYPE OF INSURANCE TR COMMERCIAL GENERAL LIABILITY PERSONAL & ADV INJURY $ CLAIMS -MADE ❑ OCCUR GENERAL AGGREGATE nr`r` $ AGGR MIT APPLIES PER: PRO- ❑ LOC POLICY ❑ JECT AUTOMOBILE LIABILITY ANY AUTO SCHEDULED OWNED AUTOS AUTOS ONLY NON OWNED H RED AUTOS ONLY A�TOS ONLY LIAB OCCUR UMBRELLA CLAIMS -MADE EXCESS LIAB DED RETENTION $ WORKERS COMPELIAg�I YIN ANEMPLOYERS' _.,--%rTORIPARTNER1n� ECUTIVE D N 1 A Professiona i required) A Additional Remarks Schedule, maybe attached if more space is DESCRIPTION OF OF ERATIONS I LOCATIONS I VEHICLES (ACORD 101, , HDATE THEREOFNOTICE WILL BE DELIVEI E ABOVE DESCRIBED POLICIES BE CANCELLED E SHOULD ANY OF T THE EXPIRATION ACCORDANCE WITH THE POLICY PROVISION City of OshkoshCA�'4 ED REPRESENTATIVE Attn: City 215ChurchAvenue CORD p0 BOX J130 CORPORATION, All rights Oshkosh, WI 54903 ©1988-2015 A ACORD 25 (2016103) The ACORD n ame and logo are registered marks of ACORD ECSMIuw-U'I —= - ^ DATE(MMIDDIYYYY) / 1 ,a�coRo CERTIFICATE OF LIABILITY INSURANCE 10/3/2019 NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY AUTHORIZED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE THE POLICIES HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. and conditions a the policy, certain policies may require an endorsement. A statement on IMPORTANT: If the certificate holder is an ADDITIONAL AL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. t SUBROGATION IS WAIVED, subject to the coNndo semen s) Swisher this certificate does not confer rights to the certificate holder in lieu of such en: CT Ra di L. FAx .--+ NAME: PRODUCER The Andersen Insurance Group 14026 Thunderbolt Place Suite 200 Chantilly, VA 2015'1 INSURED ECS Midwest, LLC 14026 Thunderbolt Place Suite 700 Chantilly, VA 20151 ��--- gECEIVED L1C WORK` DBY K W is coNsiN F C 988-0900 101 -heandersengrp.com ;OVERAGES CERTIFICATE NUMBER: OF INSURANCE LISTED BELOW HAVE BEEN ISSUD TO THE INSURED NAMED ABOVE FOSPECT TO R THE POLICY PERT OD OR OTHERTERMS, THIS IS TO CERTIFY THAT THE POLICIES CR BED HEREIN IS SUBJECT TO ALL THE REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT ANY R BY THE POLICIES INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED EXP LIMITS MAY E BEEN REDUCED BYPMIMIDDIYYYY LIMITS SHOD" EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. ADDLSUBR NUMBER POLICY EFF POLICY 2,000,000 ISR TYPE OF INSURANCE INSD WVD EACH OCCURRENCE $ DAMAGE TO RENTED -_ 500,000 .TR A X COMMERCIAL GENERAL LIABILITY 121112018 1211/2019 EMISES Ea occurrence $ 10,000 CLAIMS -MADE 0 occuR X ENP0219995 MED EXP An one erson $--- 2,000,000 X Contractual Liab PERSONAL &ADV INJURY $ 4,000,000 X X C U GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY F_XJ %Cof 0LOC $ COMBINED SINGLE LIMIT 1,000,000 OTHER: Ea accident $ A AUTOMOBILE LIABILITY EBA0463053 12/112018 121112019 BODILY INJURY Per erson $ X ANY AUTO X SCHEDULED BODILY INJURY Per accident $ _ PROPERTY DAMAGE $ OWNED AUTOS ONLY AUTOS Per accident X H RED X NON -OWNED AVOS ONLY $ 7,000,000 EACH OCCURRENCE $--1 00U 000 A X UMBRELLA LIAR OCCUR ENP0219995 121112018 121112019 gGGREGATE EXCESS LIAB CLAIMS -MADE X $ OTH- DED X RETENTION$ 0 X STATU E ER _ 1,000,000 B WORKERS COMPENSATION YIN 42WBRS49525 AND EMPLOYERS' LIABILITY 121112018 121112019 E.L. EACH ACCIDENT $ -1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE g NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBE� EXCLUDED? (Mandatory in NH) E.L. DISEASE -POLICY LIMIT $ 7,000,00( If yes, describe under DESCRIPTION OF OPERATIONS below CPMG28192289 1211/2018 1211/2019 OCCU rrence/Aggregate 50,00( X 121112019 Retention C Pollution Liability I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is requiredorker's Compensation non-contributory basis on all policies except DESCRIPTION OF OPERATIONS Oshkosh Included as an Additional Insured on a primary and City of _.. ... u.+c� i ATinAl _. City of Oshkosh Attn: City Clerk 215 Church Avenue PO Box 1130 Oshkosh, WI 54903 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, ACCORDANCE WITH THE POLICY PROVISIONS. NOTICE WILL BE DELIVERED IN ]AUTHO:RIZIED�RIEPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD .-. THE .,,INCINNATI INSURANCE COMPANIES The Cincinnati lIndemnity Company A Stock ance COMPanY Headquarters: 6200 S. Gilmore Road, Fairfield, OH 45014-5141 Mailing address: P.O. Box 145.95, Cincinnati, H 46250-5496 www. cinfin. com COMMON POLICY DECLARATIONS Billing Method: AGENCY BILL POLICY NUMBER ENP 021 99 95 NAMED INSURED CS MIDWEST LL,ECS PL ILLINOIS LLC THUNDERBOLT14026 ADDRESS SUITE 700 (Number & Street, CHANTILLY, VA 20151-3295 Town, County, State & Zip Code) Previous Policy Number: ENP0219995 At 12:01 A.M., STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE Policy Period: All col y ng s except CAutomobile u omobi e and i or Garage ROM: 12-01-2018 TO: 12-01-2019 Automobile and I or Garage FROM: TO: Policy number: RSEN INSURANCE GROUP 45-108 Agency THE ANDE City CENTREVILLE, VA Legal Entity I Business Description LIMITED LIABILITY COMPANY LL THE IN THERETURN FOR THE PAYMENT OF THE PREMIUM,INSURANCE AS STATED IAN THIS POLICYIS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE FORMS APPLICABLE TO ALL COVERAGE PARTS: IL0017 11/98 COMMON POLICY CONDITIONS IA102A 09/08 SUMMARY OF PREMIUMS CHARGED IA904 04/04 SCHEDULE OF LOCATIONS DTERRORISM INSURANCE IA4236 01/15 POLPOLICCYHOLDERSNOTICE_ INOIS I(IyTEM IA4433IL 03/17 IMPORTANTST D F 09/17 NOTICE TO POLICYHOLDERS_EXERI IA4493 ("EIFg ) AND DIRECT-APPLIEDEXTERIOR FINISH SYEMSDEFS) EDITION 09 17 IP409IL 01/91 IMPORTANT POLICYHOLDERS POLICYHOLDERS ILLINOIS IP446 08/01 NO _ CANCELLATION AND NONRENEWAL IA4156IL 01/18 ILLINOIS CHANGES IA4210IL 01/18 ILLINOIS CHANGES FROM CERTIFIED ACTS N ACTBOFNTERRORISM IA4238 01/15 LOSSES IA4338 05/11 SIGNATURE ENDORSEMENT IA4382IL 07/17 ILLINOIS CHANGES IA4395IL 04/17 ILLINOIS CHANGES - CIVIL UNION 01/89 WISCONSIN AMENDATORY IA449WI ENDORSEMENT IA4PAPERS 0 01/16 PROTECTIVE SAFEGUARDS TN IP427WI 07/12 CEEP THIALNPROPERTYTCOVERAGENPARDECLA FMD502 RATIONS 07/0 GAD532 07/08 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATION Page 1 of IAD509 01 12 ENP 021 99 95 FORMS APPLICABLE TO ALL COVERAGE PARTS: PART DECLARATIONS FORMS 05/10 COMMERCIAL UMBRELLA LIABILITY COVERAGE ECLARATIONS USD52 TP" COVERAGE PART DECLARATIONS 01/18 CINCINNATI DATA CINCINNATI NETWORKFDEFENTDER COVERAGE PART HC503 O1/18 12-17-2018 09:44 By Countersigned (Date) (Authorized Representative) Page 2 of 2 ►AD509 0112 ENP 021 99 95 THE CIN CINNATI INDEMNITY COMPANY A Stock Insurance Company COMMERC IAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Attached to a�form�ingpart of PO�pin =he R: ENP 021 99 95 Named Insured is the same as it apommon Policy Dedarations LIMITS OF INSURANCE $ 2, 000, 000 EACH OCCURRENCE LIMIT $ 4, 000, 000 GENERAL AGGREGATE LIMIT 4, 000, 000 $ 2,000,000 ANY ONE PERSON OR PRODUCTS -COMPLETED OPINJURY LIMTGGREGATE LIMIT ORGANIZATION PERSONAL& ADVER ANY ONE DAMAGE TO PREMISES RENTED TO YOU LIMIT $ SEE GA233 PREMISES $100,000 limit unless otherwise indicated herein: $ SEE GA233 ANY ONE PERSON MEDICAL EXPENSE LIMIT ADVANCE PREMIUM $5,000 limit unless otherwise indicated hereinODE PREMIUM RATE CLASSIFICATION CE BASAll Other NO. Products I All Other Products / A -Area Completed B - Payroll Completed Operations C - Gross sales Operations D -Units E - Other 91581 E— CONTRACTORS - TOTAL COST _ SUBCONTRACTED WORK (IL) _ ENGINEERS OR ARCHITECTS 92663BOOMOM (IL) OR COMP OP _ INCL PROD AND/ _ ENGINEERS OR ARCHITECTS 92663B11111M (WI) OR COMP OP - INCL PROD AND/ SEXUAL MISCONDUCT 20231 aim ELECTRONIC DATA LIABILITY27002 _ AUTOMATIC ADD. INSURED - 29923 CONTRACTORS OPERATIONS _ CONTRACTORS BROADENED 29975 COVERAGE 29963 ADDITIONAL INSUREDS - OWNER, LESSEE, CONTRACTOR ADDITIONAL INSUREDS - 29964 OWNER, LESSEE, CONTRACTOR The General Liability Coverage Part is subject to an TOTAL ANNUAL PREMIUM $- annual minimum premium. FORMS AND1 /04 END ORSEMENTS APPLICABLE TO COMMERCIAL GENERAL LIABILITY COVERAGE PART: GA101 COMMERCIAL GENERAL LIABILITY COVE Page 1 of 2 ENP 021 99 95 GAD532 07 08 FORMS AND I OR ENDORSEMENTS APPLICABLE TO COMMERCIAL GENERAL EN RALED END31LITY ENDORSEMENTS COVERAGE ART: GA4496 09/17 NOTICE TO POLICYHOLDERS ADDITIONA 09 17 09 17 NOTICE TO POLICYHOLDERS COMMERCIAL GENERAL LIABILITY BROADENED OVERAGE GA4497 / ENDORSEMENTS EDITION 09 GA 09/17 NOTICE TO PLLLIABILDTYSEXCLUSIONSLEDITIONL0917 LIABILITY PROFESSIONAL 01/96 DEDUCTIBLE LIABILITY INSU CLESSEES OR CONTRACTORS CG0300 - SCHEDULED CG0300 04/13 ADDITIONAL INSURED _ COMPLETED PERSON OR ORGANIZATIONOERS, LESSEES OR CONTRACTORS CG2037 04/13 ADDITIONAL INSURED OPERATIONS 04/13 EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL OADENED ENDORSEMENT CG2243 LIABILITY GA233 09/17 CONTRACTORS' COMMERCIAL GENERAL LIABILITY BR"EIFS") AND GA237 05/14 ELECTRONIC -DEXTERIORIINSULATLITY DONSANDNFINISH SYSTEMSBROAD FORM GA369 09/17 EXCLUSION "DEFS") DIRECT -APPLIED EXTERIOR FINISH SYSTEMS � WITH SPECIFIED EXCEPTIONS GA382 03/02 FUNGI OR BACTERIA-EKNOWNIOINJURY OR DAMAGE RANCE LAWS GA4205IL 10/01 ILLINOIS CHANGES 4250 11/05 MOBILE EQUIPMENTTSUBJECT T O MOTODERS OFEANCABUSESUMISCONDUCT OR GA ILLINOIS NOTICE GA4398IL 06/12 MOLESTATION ENDORSEMENT - AUTOMATIC STATUS WHEN REQUIRE GA472IL 10/17 CONTRACTORS ADDITIONAL INSURED PERMIT OR AUTHORIZATION - IN WRITTEN CONTRACT, AGREEMENT, ILLINOIS CONDUCT OR SEXUAL MOLESTATION LIABILIT GA214IL 08/02 SEXUAL MIS ENP 021 99 95 Page 2 of 2 GAD532 07 08 POLICY NUMBER: ENP 021 99 95 COMMERCIAL GENERA 2OLIABILITY 0 043 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 PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations) Y PERSON OR ORGANIZATION FOR WHOM YOU ARE QUIRED TO NAME UNDER THIS ENDORSEMENT IN A ITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" 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(s) at the location(s) designated above. However: The insurance orded to such additional 1 insured only applliestothe extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Location(s) Of Covered 0 4NY LOCATION AT WHICH WORK OR OPERATIONS ARE PERFORMED BY YOU OR ON YOUR BEHALF will be shown in the Declarations. B. With respect to the insurance afforded ttothese additional insureds, the followingadditional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 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 insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arisesrorganization en pu.t to its intended use by any person o other than another contractor r 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 Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most CG 20 10 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 2 we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement applicable Limits of Declarations. shall not increase the Insurance shown in the CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER:ENP 021 99 95 COMMERCIAL GENERA LIABILITY 3 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 PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Location An�Description Of Completed Name Of Additional In Person(s) Or rations Organization(s) ANY PERSON OR ORGANIZATION FOR WHOM YOU ANY LOCATION AT WHICH WORK OR ARE REQUIRED TO NAME UNDER THIS OPERATIONS WERE PERFORMED BY YOU OR ON ENDORSEMENT IN A WRITTEN CONTRACT OR YOUR BEHALF AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is broader than that which you are required by the agreement to provide for such amended to include as an additional organization(s) contract or additional insured. insured the person(s) or shown in the Schedule, but only with B. With respect to the insurance afforded to these respect to liability for "bodily injury" or additional insureds, the following is added to Section "property damage" caused, in whole or in III -Limits Of Insurance: part, by "your work" at the location designated and described in the Schedule If coverage provided to the additional insured ill or agreement, the most we will of this endorsement performed for that and included in the required by a contract pay on behalf of the additional insured is the amount additional insured "products -completed operations hazard". of insurance: However: 1. Required by the contract or agreement; or 1. The insurance afforded to such additional insured only applies to the 2. Available under the applicable Limits of Insurance shown in the Declarations; extent permitted by law; and whichever is less. 2. If coverage provided to the additional by a contract or This endorsement shall not increase the applicable insured is required agreement, the insurance afforded to Limits of Insurance shown in the Declarations. such additional insured will not be CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement -Table of Contents: Coverage: Begins on Page: 3 1. Employee Benefit Liability Coverage..................................................................... ................. 9 2. Unintentional Failure To Disclose Hazards ............................................................. ............... 9 3. Damage To Premises Rented To You..............................................................................................10 4. Supplementary Payments..................................................................... ...................... ......... 10 5. 6. Medical Payments ......................... ................................................................................ 180 Day Coverage For Newly Formed Or Acquired Organizations...................................10 11 7. 8. Waiver Of Subrogation......................................................................................................... Automatic Additional Insured -Specified Relationships: ............ .........••••• • Managers Or Lessors Of Premises; • Lessor Of Leased Equipment; • Vendors; • State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises; and • Mortgagee, Assignee Or Receiver 9. 10. Property Damage To Borrowed Equipment ............................................................. Employees As Insureds - Specified Health Care Services And Good Samaritan 15 Services ............................................... 11. Broadened Notice Of Occurrence........................................................................................ 12. Nonowned Aircraft.......................................................................... ........................... 13. 14. Bodily Injury Redefined..........................................................................................................15 Expected Or Intended Injury Redefined.....•••.•••..•..•.....•••.••.•••.•••.••.•••••••••••••••."".•.......•••••....15 15 15. 16. Former Employees As Insureds ................................................... . ...................................... Voluntary Property Damage Coverage And Care, Custody Or Control Liability 16 17. Coverage......................................... ................................................................. Broadened Contractual Liability -Work Within 50' Of Railroad Property ......................... 1 18. Alienated Premises................................................................................................................17 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 1 of 17 b. Loss Of Earnings: $ 500 5. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage a.) And Care, Custody Or Control Liability Coverage (Coverage b.) Limits Of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b. $5,000 Each Occurrence unless otherwise stated $—_— ---- Deductible Amount (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE b. Care, Custody Or I Control PREMIUM BASIS (a) Area (b) Payroll (c) Gross Sales (d) Units (e) Other RATE (For Limits in Excess of $5,000) ADVANCE PREMIUM (For Limits in Excess of $5,000) Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 2 of 17 this endorsement pro- C. Coverages vided: 1. Employee Benefit Liability Coverage a) You did not have a. The following is added to Section I - knowledge of a Coverages: claim or "suit" on or "first before the ef- Employee Benefit Liability Cover- fective date" of this age endorsement. (1) Insuring Agreement You will be (a) We will pay those sums that deemed to have knowledge of a the insured becomes legally claim or "suit" obligated to pay as damag- when any "author - es caused by any act, error ized representa- or omission of the insured, tive"; or of any other person for whose acts the insured is i) Reports all, or legally liable, to which this any part, of the insurance applies. We will act, error or have the right and duty to omission to us defend the insured against or any other any "suit" seeking those insurer; damages. However, we will have no duty to defend ii) Receives a against any "suit" seeking written or ver- damages to which this in- bal demand or surance does not apply. We claim for dam - may, at our discretion, in- ages because vestigate any report of an of the act, Br- act, error or omission and settle any claim or "suit' that ror or omis- sion; and may result. But: b) There is no other 1) The amount we will pay applicable insur- for damages is limited ance. as described in Section (2 ) Exclusions III - Limits Of Insur- ance; and This insurance does not apply to: 2) Our right and duty to (a) Bodily Injury, Property defend ends when we Damage Or Personal And have used up the appli- Advertising Injury cable limit of insurance in the payment of judg- "Bodily injury", "property ments or settlements. damage" or "personal and advertising injury". No other obligation or liabil- ity to pay sums or perform (b) Dishonest, Fraudulent, acts or services is covered Criminal Or Malicious Act unless explicitly provided for Damages arising out of any under Supplementary intentional, dishonest, Payments. fraudulent, criminal or mali- (b) This insurance applies to cious act, error or omission, damages only if the act, er- committed by any insured, ror or omission, is negligent- including the willful or reck- ly committed in the "admin- less violation of any statute. istration" of your "employee (c) Con - Failure To Perform A Con- benefit program"; and tract 1) Occurs during the policy Damages arising out of fail- period; or ure of performance of con- 2) Occurred prior to the tract by any insurer. "first effective date of Includes copyrighted material of Insurance Page 3 of 17 GA 233 0917 Services Office, Inc., with its permission. (d) Insufficiency Of Funds (i) Taxes, Fines Or Penalties Damages arising out of an Taxes, fines or penalties, in - cluding those imposed un- insufficiency of funds to meet any obligations under der the Internal Revenue any plan included in the Code or any similar state or "employee benefit program". local law. (e) Inadequacy Of Perfor- Q) Employment -Related Prac- mance Of Invest- tices ment/Advice Given With Any liability arising out of Respect To Participation any: Any claim based upon: (1) Refusal to employ; 1) Failure of any invest- (2) Termination of employ- ment to perform; ment; 2) Errors in providing in- (3) Coercion, demotion, formation on past per- evaluation, reassign- formance of investment ment, discipline, defa- vehicles; or mation, harassment, 3) Advice given to any humiliation, discrimina- tion or other employ - person with respect to that person's decision to ment - related practices, participate or not to par- acts or omissions; or ticipate in any plan in- (4) Consequential liability cluded in the "employee as a result of (1), (2) or benefit program". (3) above. (f) Workers' Compensation This exclusion applies And Similar Laws whether the insured may be Any claim arising out of your held liable as an employer or in any other capacity and failure to comply with the mandatory provisions of any to any obligation to share workers' compensation, un- damages with or repay someone else who must pay employment compensation damages because of the in - insurance, social security or disability benefits law or any jury• similar law. (3) Supplementary Payments (g) ERISA Section I - Coverages, Sup - Damages for which any in- plementary Payments - Cover- A And B also apply to this sured is liable because of li- ages ability imposed on a fiduci- Coverage. ary by the Employee Re- b, Who Is An Insured tirement Income Security Act of 1974, as now or As respects Employee Benefit Lia- hereafter amended, or by bility Coverage, Section II - Who Is any similar federal, state or An Insured is replaced by the follow - local laws. ing: (h) Available Benefits (1) If you are designated in the Dec - Any claim for benefits to the larations as: extent that such benefits are (a) An individual, you and your available, with reasonable spouse are insureds, but on - effort and cooperation of the ly with respect to the con - insured, from the applicable duct of a business of which funds accrued or other col- you are the sole owner. lectible insurance. (b) A partnership or joint ven- ture, you are an insured. Your members, your part - Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 4 of 17 nets, and their spouses are zation. However, coverage under also insureds but only with this provision: respect to the conduct of (a) Is afforded only until the your business. 180th day after you acquire (c) A limited liability company, or form the organization or the end of the policy period, you are an insured. Your members are also insureds, whichever is earlier; and but only with respect to the (b) Does not apply to any act, conduct of your business. error or omission that was Your managers are in- committed before you ac- sureds, but only with respect quired or formed the organi- to their duties as your rnan- zation. agers. c. Limits Of Insurance (d) An organization other than a partnership, joint venture or As respects Employee Benefit Lia- limited liability company, you bility Coverage, Section III - Limits are an insured. Your "execu- Of Insurance is replaced by the fol- tive officers" and directors lowing: are insureds, but only with (1) The Limits of Insurance shown in respect to their duties as or directors. Section B. Limits Of Insurance, your officers Your stockholders are also 1. Employee Benefit Liability Coverage and the rules below fix insureds, but only with re- the most we will pay regardless spect to their liability as of the number of: stockholders. (e) A trust, you are an insured. (a) Insureds; Your trustees are also in- (b) Claims made or "suits" sureds, but only with respect brought; to their duties as trustees. (c) Persons or organizations (2) Each of the following is also an making claims or bringing insured: "suits"; (a) Each• of your "employees" (d) Acts, errors or omissions; or who is or was authorized to administer your "employee (e) Benefits included in your benefit program"; "employee benefit program". (b) Any persons, organizations (2) The Aggregate Limit shown in or "employees" having prop- Section B. Limits Of Insurance, er temporaryauthorization 1. Employee Benefit Liability to administer your "employ- Coverage of this endorsement is ee benefit program" if you the most we will pay for all dam - die, but only until your legal ages because of acts, errors or representative is appointed; omissions negligently committed or in the "administration" of your "employee benefit program". (c) Your legal representative if you die, but only with re- (3) Subject to the limit described in spect to duties as such. That (2) above, the Each Employee representative will have all Limit shown in Section B. Limits your rights and duties under Of Insurance, 1. Employee this Coverage Part. Benefit Liability Coverage of this endorsement is the most we 3 Any organization you newly ac- () will pay for all damages sus - quire or form, other than apart- nership, joint venture or limited including damages sustained by liability company, and over which such "employee's" dependents you maintain ownership or major- and beneficiaries, as a result of: ity interest, will qualify as a Named Insured if no other similar (a) An act, error or omission; or insurance applies to that organi- Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 5 of 17 (b) A series of related acts, er- tification of the action taken, rors or omissions, regard- you shall promptly reim- burse us for such part of the less of the amount of time that lapses between such Deductible Amount as we acts, errors or omissions; have paid. negligently committed in the d. Additional Conditions "administration" of your "employ- As respects Employee Benefit Lia- ee benefit program". bility Coverage, Section IV - Com- However, the amount paid under mercial General Liability Condi- this endorsement shall not ex- tions is amended as follows: ceed, and will be subject to the (1) Item 2. Duties In The Event Of limits and restrictions that apply Occurrence, Offense, Claim Or to the payment of benefits in any Suit is replaced by the following: plan included in the "employee benefit program." 2. Duties In The Event Of An Act, Error Or Omission, Or (4) Deductible Amount Claim Or Suit (a) Our obligation to pay dam- a. You must see to it that ages on behalf of the in- we are notified as soon sured applies only to the as practicable of an act, amount of damages in ex- error or omission which cess of the Deductible may result in a claim. Amount stated in the Decla- To the extent possible, rations as applicable to notice should include: Each Employee. The limits of insurance shall not be re- (1) What the act, error duced by the amount of this or omission was deductible. and when it oc- curred; and (b) The Deductible Amount stated in the Declarations (2) The names and applies to all damages sus- addresses of and tained by any one "employ- one who may suf- ee", including such "employ- fer damages as a ee's" dependents and bene- result of the act, ficiaries, because of all acts, error or omission. errors or omissions to which this insurance applies. b. If a claim is made or "suit" is brought against (c) The terms of -this insurance, any insured, you must: including those with respect (1) Immediately record to: the specifics of the 1) Our right and duty to claim or "suit" and defend the insured the date received; against any "suits" and seeking those damag- es; and (2) Notify us as soon as practicable. 2) Your duties, and the du- You must see to it that ties of any other in - volved insured, in the we receive written no - event of an act, error or tice of the claim or "suit" omission, or claim; as soon as practicable. apply irrespective of the ap- C. You and any other in- plication of the Deductible volved insured must: Amount. (1) Immediately send (d) We may pay any part or all us copies of any of the Deductible Amount to demands, notices, effect settlement of any summonses or le - claim or "suit' and, upon no- gal papers re - Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 6 of 17 ceived in connec- tion by equal shares, we will follow this meth - tion with the claim od also. Under this ap- or "suit"; proach each insurer (2) Authorize us to ob- contributes equal tain records and amounts until it has other information; paid its applicable limit of insurance or none of (3) Cooperate with us the loss remains, in the investigation whichever comes first. or settlement of the claim or defense If any of the other in - against the "suit"; surance does not permit and contribution by equal shares, we will contrib- (4) Assist us, upon our ute by limits. Under this request, in the en- method, each insurer's forcement of any share is based on the right against any ratio of its applicable person or organi- limit of insurance to the zation which may total applicable limits of be liable to the in- insurance of all insur- sured because of ers. an act, error or omission to which c. No Coverage this insurance may This insurance shall not also apply. cover any loss for which d. No insured will, except the insured is entitled to at that insured's own recovery under any cost, voluntarily make a other insurance in force payment, assune any previous to the effective obligation, or incur any date of this Coverage expense without our Part. consent. e. Additional Definitions (2) Item 5. Other Insurance is re- As respects Employee Benefit Lia- placed by the following: bility Coverage, Section V - Defini- 5. Other Insurance tions is amended as follows: If other valid and collectible (1) The following definitions are insurance is available to the added: insured for a loss we cover under this Coverage Part, 1. "Administration" means: our obligations are limited as a. Providing information to follows: "employees", including a. Primary Insurance their dependents and beneficiaries, with re - This insurance is prima- spect to eligibility for or ry except when c. below scope of "employee applies. If this insurance benefit programs'; is primary, our obliga- tions are not affected b. Interpreting the "em- unless any of the other ployee benefit pro - insurance is also prima- grams"; ry. Then, we will share c. Handling records in with all that other insur- connection with the ance by the method de- "employee benefit pro- scribed in b. below. grams"; or b. Method Of Sharing d, Effecting, continuing or If all of the other insur- terminating any "em- ance permits contribu- ployee's" participation in Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 7 of 17 any benefit included in c. Unemployment insur- the "employee benefit ance, social security program". benefits, workers' com- pensation and disability However, "administration" benefits; and does not include: d. Vacation plans, includ- a. Handling payroll deduc- ing buy and sell pro- tions; or grams; leave of ab- sence programs, includ- b. The failure to effect or ing military, maternity, maintain any insurance family, and civil leave; or adequate limits of tuition assistance plans; coverage of insurance, transportation and including but not limited health club subsidies. to unemployment insur- ance, social security 4. "First effective date" means benefits, workers' com- the date upon which cover- pensation and disability age was first effected in a benefits. series of uninterrupted re- newals of insurance cover- t. "Cafeteria plans" means age. plans authorized by applica- ble law to allow "employees" (2) The following definitions are de - to elect to pay for certain leted in their entirety and re - benefits with pre-tax dollars. placed by the following: 3. "Employee benefit pro- 8. "Employee" means a person grams" means a program actively employed, formerly providing some of all of the employed, on leave of ab- following benefits to "em- sence or disabled, or retired. ployees", whether provided "Employee" includes a through a "cafeteria, plan" or "leased worker". "Employee" otherwise: does not include a "tempo - rary worker". a. Group life insurance; group accident or health 21. "Suit" means a civil proceed - insurance; dental, vision ing in which money damag- and hearing plans; and es because of an act, error flexible spending ac- or omission to which this in - counts; provided that no surance applies are alleged. one other than an "em- "Suit" includes: ployee" may subscribe to such benefits and a. An arbitration proceed - such benefits are made ing in which such dam - generally available to ages are claimed and to those "employees" who which the insured must satisfy the plan's eligibil- submit or does submit ity requirements; with our consent; b. Profit sharing plans, b. Any other alternative employee savings dispute resolution pro - plans, employee stock ceeding in which such ownership plans, pen- damages are claimed sion plans and stock and to which the in - subscription plans, pro- sured submits with our vided that no one other consent; or than an "employee" c. An appeal of a civil pro - may subscribe to such ceeding. benefits and such bene- fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission, Page 8 of 17 Unintentional Failure To Disclose Haz- 2) Rust or other cor- decay, de- rosion, terioration, hidden Section IV - Commercial General Liabil- or latent defect or ity Conditions, 7. Representations is any quality in amended by the addition of the following: property that caus- es it to damage or Based on our dependence upon your rep- destroy itself; resentations as to existing hazards, if un- intentionally you should fail to disclose all 3) Smog; such hazards at the inception date of your 4 ) Mechanical break policy, we will not reject coverage under down, including this Coverage Part based solely on such rupture 'or bursting failure. caused by centrif- 3. Damage To Premises Rented To You ugal force; a. The last Paragraph of 2. Exclusions 5) Settling, cracking, under Section I - Coverage A - Bod- shrinking or ex- ily Injury And Property Damage Li- pansion; ability is replaced by the following: 6) Nesting or infesta- Exclusions c. through q. do not apply tion, or discharge to "property damage" by fire, explo- or release of waste sion, lightning, smoke or soot to products or secre- premises while rented to you or tem- tions, by insects, porarily occupied by you with permis- birds, rodents or sion of the owner, for which the other animals; or amount we will pay is limited to the 7 Presence, growth, ) Damage To Premises Rented To You Limit as described in Section III proliferation, - Limits Of Insurance. spread or any ac- tivity of fungus, in- b. The insurance provided under Sec- cluding mold or tion I - Coverage A - Bodily Injury mildew, and any And Property Damage Liability ap- mycotoxins, plies to "property damage" arising out spores, scents or of water damage to premises that are byproducts pro - both rented to and occupied by you. duced or released by fungi. (1) As respects Water Damage Le - gal Liability, as provided in Para- (b) "Property damage" caused graph 3.b. above: directly or indirectly by any The exclusions under Section I - of the following: Coverage A - Bodily Injury And (i) Earthquake, volcanic Property Damage Liability, 2. eruption, landslide or Exclusions, other than i. War any other earth move - and the Nuclear Energy Liabil- ment; ity Exclusion (Broad Form), are i� Water that backs up or (ii) deleted and the following are overflows or is other- added: wise discharged from a This insurance does not apply to: sewer, drain, sump, (a) "Property damage": sump pump or related equipment; (i) Assumed in any con- () iii Water under the ground tract or agreement; or surface pressing on, or (ii) Caused by or resulting flowing or seeping from any of the follow- through: ing: 1) Foundations, walls, 1) Wear and tear; floors or paved surfaces; Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 9 of 17 2) Basements, you with permission of whether paved or the owner; not; or b. In the case of damage 3) Doors, windows or by fire, explosion, light - other openings. ning, smoke or soot, while rented to you; or (c) Property darnage caused by or resulting from water G. In the case of damage that leaks or flows from by water, while rented plumbing, heating, air condi- to and occupied by you. tioning, fire protection sys- (2) The most we will pay is limited as tems, or other equipment, described in Section B. Limits caused by or resulting from Of Insurance, 3. Damage To freezing, unless: Premises Rented To You of this (i) You did your best to endorsement. maintain heat in the 4. Supplementary Payments building or structure; or Under Section I - Supplementary Pay- ii You drained the equip- () ments - Coverages A And B: ment and shut off the water supply if the heat a. Paragraph 2. is replaced by the fol- was not maintained. lowing: (d) "Property damage" to: Up to the limit shown in Section B. Limits Of Insurance, 4.a. Bail Bonds (i) Plumbing, heating, air of this endorsement for cost of bail conditioning, fire protec- bonds required because of accidents tion systems, or other or traffic law violations arising out of equipment or applianc- the use of any vehicle to which the es; or Bodily Injury Liability -Coverage ap- (ii) The interior of any plies. We do not have to furnish these building or structure, or bonds. to personal property in b, Paragraph 4. is replaced by the fol- the building or structure, lowing: caused by or resulting from rain, snow, sleet or All reasonable expenses incurred by ice, whether driven by the insured at our request to assist us wind or not. in the investigation or defense of the claim or "suit", including actual loss of c. Limit Of Insurance earnings up to the limit shown in Sec - With respect to the insurance afford- tion B. Limits Of Insurance, 4.b. ed in Paragraphs 3.a. and 3.b. above, Loss Of Earnings of this endorsement the Damage To Premises Rented per day because of time off from To You Limit as shown in the Decla- work. rations is amended as follows: 5. Medical Payments (1) Paragraph 6. of Section III - The Medical Expense Limit of Any One Limits Of Insurance is replaced Person as stated in the Declarations is by the following: amended to the limit shown in Section B. 6. Subject to Paragraph 5. Limits Of Insurance, 5. Medical Pay - above, the Damage To ments of this endorsement. Premises Rented To You 6. 180 Day Coverage For Newly Formed Limit is the most we will pay Or Acquired Organizations under Coverage A - Bodily Injury And Property Dam- Section II - Who Is An Insured is age Liability for darnages amended as follows: .because of "property dam- age" to any one premises: Subparagraph a. of Paragraph 3. is re- placed by the following: a. While rented to you, or temporarily occupied by a. Insurance under this provision is af- forded only until the 180th day after Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 10 of 17 you acquire or form the organization use of that part of the prem- or the end of the policy period, ises leased to you, subject whichever is earlier; to the following additional exclusions: 7. Waiver Of Subrogation This insurance does not ap- Section IV - Commercial General Liabil- ply to: ity Conditions, 9. Transfer Of Rights Of Recovery Against Others To Us is (i) Any "occurrence" which amended by the addition of the following: takes place after you cease to be a tenant in We waive any right of recovery we may that premises; have against any person or organization against whom you have agreed to waive (ii) Structural alterations, such right of recovery in a written contract new construction or or agreement because of payments we demolition operations make for injury or damage arising out of performed by or on be - your ongoing operations or 'your work" half of such additional done under a written contract or agree- insured. ment with that person or organization and "products (b) Equip - Lessor Of Leased Equip- included in the -completed oper- meet ations hazard". However, our rights may only be waived prior to the "occurrence" Any person or organization giving rise to the injury or damage for from whom you lease which we make payment under this Cov- equipment when you and erage Part. The insured must do nothing such person(s) or organiza- after a loss to impair our rights. At our re- tion(s) have agreed per Par - quest, the insured will bring "suit" or trans- agraph 8.a.(1) of this en- fer those rights to us and help us enforce dorsement to provide insur- those rights. ance. Such person(s) or or- 8. Automatic Additional Insured - Speci- ganization(s) are insureds fied Relationships only with respect to liability for bodily injury', property a. The following is added to Section II - damage" or "personal and Who Is An Insured: advertising injury' caused, in or in part, by your 1 An person(s) or organization(s)whole () y p () maintenance, operation or described in Paragraph 8.a.(2) of use of equipment leased to this endorsement (hereinafter re- you by such person(s) or or- ferred to as additional insured) ganization(s). A person's or whom you are required to add as organization's status as an an additional insured under this additional insured under this Coverage Part by reason of a endorsement ends when written contract, written agree- their contract or agreement ment, written permit or written with you for such leased authorization. equipment ends. However, (2) Only the following persons or or- this insurance does not ap- "occurrence" ganizations are additional in- ply to any sureds under this endorsement, which takes place after the and insurance coverage provided equipment lease expires. to such additional insureds is lim- (c) Vendors ited as provided herein: Any person or organization (a) Managers g Or Lessors Of (referred to below as ven- Premises dor) with whom you have The manager or lessor of a agreed per Paragraph premises leased to you with 8.a.(1) of this endorsement whom you have agreed per to provide insurance, but on - Paragraph 8.a.(1) of this en- ly with respect to "bodily in- "property dorsement to provide insur- jury" or damage" ance, but only with respect arising out of'your products" to liability arising out of the which are distributed or sold ownership, maintenance or in the regular course of the Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 11 of 17 GA 233 0917 vendor's business, subject or repair opera - to the following additional tions, except such exclusions: operations per- formed at the ven- (i) The insurance afforded dor's premises in the vendor does not connection with the apply to: sale of the product; 1) "Bodily injury' or 7) Products which, af- "property damage" ter distribution or for which the ven- sale by you, have dor is obligated to been labeled or re- pay damages by labeled or used as reason of the as- a container, part or sumption of liability ingredient of any in a contract or other thing or sub - agreement. This stance by or for the exclusion does not vendor; or apply to liability for damages that the 8) "Bodily injury' or vendor would have "property damage" in the absence of arising out of the the contract or sole negligence of agreement; the vendor for its own acts or omis- 2) Any express war- sions or those of ranty unauthorized its employees or by you; anyone else acting 3) Any physical or on its behalf. How - chemical change in ever, this exclusion the product made does not apply to: intentionally by the a) The excep- vendor; tions contained 4) Repackaging, ex- in Paragraphs (c) (i) 4) or 6) cept when un- of this en - packed solely for dorsement; or the purpose of in- spection, dernon- b) Such inspec- stration, testing, or tions, adjust - the substitution of ments, tests or parts under in- servicing as structions from the the vendor has manufacturer, and agreed to then repackaged in make or nor - the original con- mally under- tainer; takes to make 5) Any failure to make in the usual such inspections, course of adjustments, tests business, in or servicing as the connection vendor has agreed with the distd- to make or normal- bution or sale ly undertakes to of the prod - make in the usual ucts. course of busi- iiThis insurance does not ( ) ness, in connection apply to any insured with the distribution person or organization: or sale of the products; 1) From whom you have acquired 6) Demonstration, in- such products, or stallation, servicing any ingredient, part Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 17 or container, enter- (e) Mortgagee, Assignee Or ing into, accompa- Receiver nying or containing such products; or Any person or organization with whom you have agreed 2) When liability in- per Paragraph 8.a.(1) of this cluded within the endorsement to provide in- "products- surance, but only with re - completed opera- spect to their liability as tions hazard" has mortgagee, assignee, or re - been excluded un- ceiver and arising out of the der this Coverage ownership, maintenance, or Part with respect to use of the premises by you. such products. However, this insurance does not apply to structural d State Or Governmental () alterations, new construction Agency Or Subdivision Or and demolition operations Political Subdivision - perfonned by or for that per - Pen -nits Or Authorizations son or organization. Relating To Premises (3) The insurance afforded to addi- An state or governmental Y g tional insureds described in Par - agency or subdivision or po- agraph 8,a.(1) of this endorse- litical subdivision with which ment: you have agreed per Para- graph 8.a.(1) of this en- (a) Only applies to the extent dorsernent to provide insu- permitted by law; and ance, subject to the follow- (b) Will not be broader than that ing additional provision: which you are required by This insurance applies only the written contract, written with respect to the following agreement, written permit or hazards for which the state written authorization to pro - or governmental agency or vide for such additional in - subdivision or political sub- sured; and division has issued a permit (c) Does not apply to any per- or authorization in connec- tion with premises you own, son, organization, vendor, rent or control and to which state, governmental agency this insurance applies: or subdivision or political subdivision, specifically (i) The existence, mainte- named as an additional in- nance, repair, construc- sured under any other provi- tion, erection or removal sion of, or endorsement of advertising signs, added to, this Coverage awnings, canopies, cel- Part, provided such other lar entrances, coal provision or endorsement holes, driveways, man- covers the injury or damage holes, marquees, hoist for which this insurance ap- away openings, side- plies. walk vaults, street ban- ners or decorations and b. With respect to the insurance afford - similar exposures; or ed to the additional insureds de- scribed in Paragraph 8.a.(1) of this (Ii) The construction, erec- endorsement, the following is added tion or removal of eleva- to Section III - Limits Of Insurance: tors; or The most we will pay on behalf of the (iii) The ownership, mainte- additional insured is the amount of in- nance or use of any el- surance: evators covered by this insurance. (1) Required by the written contract, written agreement, written permit or written authorization described Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 13 of 17 in Paragraph 8.a.(1) of this en- dorserrient; or (2) Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. c. Section IV - Commercial General Liability Conditions is amended to include the following: Automatic Additional Insured Pro- vision This insurance applies only if the "bodily injury" or "property damage" occurs, or the "personal and advertis- ing injury' offense is committed: (1) During the policy period; and (2) Subsequent to your execution of the written contract or written agreement, or the issuance of a written permit or written authori- zation, described in Paragraph 8.a.(1). d. Section IV - Commercial General Liability Conditions is amended as follows: Condition 5. Other Insurance is amended to include: Primary And Noncontributory In- surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.(1) of this endorsement provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract, agreement, permit or authorization described in 8.a.(2) of this endorsement that this in- surance would be primary and would not seek contribution from any other insurance available to the additional insured. 9. Property Damage To Borrowed Equip- ment a. The following is added to Exclusion 2.j. Damage To Property under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform operations at the time of loss. b. With respect to the insurance provid- ed by this section of the endorse- ment, the following additional provi- sions apply: (1) The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement with respect to coverage provid- ed by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits Of Insurance, 9. Property Damage To Borrowed Equipment of this endorsement fix the most we will pay in any one "occurrence" re- gardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount stated in Section B. Limits Of Insur- ance, 9. Property Damage To Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b) Section IV - Commercial General Liability Condi- tions, 2. Duties In The Event Of Occurrence, Of- fense, Claim Or Suit, ap- plies to each claim or "suit" irrespective of the amount. Includes copyrighted material of Insurance GA 233 0917 Services Office, Inc., with its permission. Page 14 of 17 (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees As Insureds - Specified Health Care Services And Good Samar- itan Services Paragraph 2.a.(1)(d) under Section II - Who Is An Insured does not apply to: a. Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or b. Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice Of Occurrence Paragraph a. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Com- mercial General Liability Conditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto Or Watercraft under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a. The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b. The aircraft is rented with a trained, paid crew; and G. The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 4. "Bodily injury' is replaced by the following: 4. "Bodily injury' means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time. 14. Expected Or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex- pected Or Intended Injury under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect per- sons or property. 15. Former Employees As Insureds The following is added to Paragraph 2. under Section II -Who Is An Insured: 2. Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance GA 233 09 17 Services Office, Inc., with its permission. Page 15 of 17 16. Voluntary Property Damage Coverage a. Coverage D - Voluntary Property Damage Coverage Section I - Coverages is amended to include the following: (1) Insuring Agreement GA 233 0917 (a) We will pay the cost to re- pair or replace "property damage" to property of oth- ers arising out of operations incidental to your business when: 1) Damage is caused by you; or 2) Damage occurs while in your possession. At your written request, we will make this payment re- gardless of whether you are at fault for the "property damage". If you, at our request, re- place, or make any repairs to, damaged property of others, the amount we will pay under Voluntary Prop- erty Damage Coverage will be determined by your actu- al cost to replace or repair the damaged property, ex- cluding any profit or over- head. Any payment we make un- der Voluntary Property Damage Coverage shall not be interpreted as an admis- sion of liability by you or by Us. It shall be your duty, not our duty, to defend any claim or "suit' to which this insurance applies. No other obligation or liabil- ity to pay sums or perform acts or services is covered. (b) This insurance applies to "property damage" only if: 1) The "property damage" takes place in the "cov- erage territory'; and (2) Exclusions This insurance does not apply to "property damage" that would be excluded by Coverage A - Bodi- ly Injury And Property Damage Liability, 2. Exclusions, except for j. Damage To Property, par- agraphs (3), (4), (5) and (6), k. Damage To Your Product, and I. Damage To Your Work. (3) Definitions For purposes of Voluntary Property Damage Coverage only, the following definitions un- der Section V - Definitions are replaced by the following: 16. "Occurrence" means an in- cident, including continuous or repeated exposure to substantially the same gen- eral harmful conditions that result in "property damage". 20. "Property damage" means physical injury to tangible property. "Electronic data" is not tangible property, and "property damage" does not include disappearance, ab- straction or theft. b. Care, Custody Or Control Liability Coverage For purposes of the coverage provid- ed by Care, Custody Or Control Li- ability Coverage in this endorsement only: (1) Section I - Coverage A - Bodily Injury And Property Damage Liability, 2. Exclusions, j. Damage To Property, Subpara- graphs (3), (4) and (5) do not ap- ply to "property damage" to the property of others described therein. (2) It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liability to pay sums or perform acts or ser- vices is covered. This Paragraph (2) supersedes any provision in the Coverage Part to the contrary. 2) The "property damage" occurs during the policy (3) "Property damage" for which period. Care, Custody Or Control Lia- bility Coverage provides cover - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 16 of 17 C. age shall be deemed to be (3) The Voluntary Property Dam - caused by an "occurrence" but age Coverage, Aggregate Limit shall not serve to limit or restrict Of Insurance is the most we will the applicability of any exclusion pay for the sum of all damages for "property damage" under this under Voluntary Property Coverage Part. Damage Coverage. This limit applies separately to each "cov- Limits Of Insurance And Deducti- erage term". bles (4) Deductible Clause For purposes of the coverage provid- ed by Voluntary Property Damage (a) Our obligation to pay dam - Coverage and Care, Custody Or ages on your behalf applies Control Liability Coverage, Section only to the amount of dam; Ill - Limits Of Insurance is amended ages for each occurrence to include the following: which are in excess of the Deductible Amount stated (1) The Limits of Insurance shown in for the applicable coverage the Declarations are replaced by in the Schedule. The limits the limits designated in Section of insurance will not be re- B. Limits Of Insurance, 16. duced by the application of Voluntary Property Damage such Deductible Amount. Coverage And Care, Custody Or Control Liability Coverage, (b) Section IV - Commercial in this endorsement. These limits General Liability Condi- are inclusive of, and not in addi- tions, 2. Duties In The tion to, the limits being replaced. Event Of Occurrence, Of - The Limits of Insurance shown in fense, Claim Or Suit, ap- the Schedule fix the most we will plies to each claim or "suit" pay regardless of the number of: irrespective of the amount. (a) Insureds; (c) We may pay any part or all of the Deductible Amount to (b) Claims made or "suits" effect settlement of any brought; or claim or "suit' and, upon no- (c) Persons or organizations tification of the action taken, you shall promptly reim- making claims or bringing burse us for such part of the "suits". Deductible Amount as has (2) (a) Subject to (3) below, the been paid by us. Voluntary Property Dam- 17. Broadened Contractual Liability - Work age Coverage, Each Occur- Within 50' Of Railroad Property rence Limit Of Insurance is the most we will pay for the Section V - Definitions,12. "Insured con - sum of damages under Vol- tract" is amended as follows: untary Property Damage Coverage; a. Paragraph c. is replaced by the fol- lowing: (b) The Care, Custody Or Con - trol Liability Coverage, c. Any easement or license agree - Each Occurrence Limit Of ment; Insurance is the most we will b. Paragraph f.(1) is deleted in its entire - pay for the sum of damages ty' under Care, Custody Or Control Liability Coverage; 18. Alienated Premises because of all "property damage" Exclusion 2 j. Damage to Property, arising out of any one "occur- Paragraph (2) under Section I - Cover- rence". age A - Bodily Injury And Property Damage Liability does not apply if the premises are "your work". GA 233 0917 Includes copyrighted material of Insurance -- Services Office, Inc., with its permission. Page 17 of 17 The Cincinnati Insurance Company A Stock Insurance Company THE Headquarters: 6200 S. Gilmore Road, Fairfield, OH 45014-5141 I N C I N NATI Mailing address: P.O. Box 145496, Cincinnati, OH 45250-5496 INSURANCE COMPANIES www.cinfin.com ■ 513-870-2000 COMMON POLICY DECLARATIONS Billing Method: AGENCY BILL POLICY NUMBER EBA 046 30 53 NAMED INSURED ECS MIDWEST LLC, ECS ILLINOIS LLC 14026 THUNDERBOLT PL ADDRESS STE 700 (Number & Street, CHANTILLY, VA 20151-3295 Town, County, State & Zip Code) Previous Policy Number: EBA0463053 Policy Period: At 12:01 A.M., STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE All coverages except Automobile and / or Garage Policy number: FROM: TO: Automobile and i or Garage Policy number: EBA 046 30 53 FROM: 12-01-2018 TO: 12-01-2019 Agency THE ANDERSEN INSURANCE GROUP 45-108 City CENTREVILLE, VA Legal Entity I Business Description ORGANIZATION (ANY OTHER) IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. FORMS APPLICABLE TO ALL COVERAGE PARTS: IL0017 11/98 COMMON POLICY CONDITIONS IA102A 09/08 SUMMARY OF PREMIUMS CHARGED IA4378WI 11/09 DISCLOSURE NOTICE UNINSURED AND/OR UNDERINSURED MOTORISTS COVERAGE APPLICABLE TO HIRED AND NON -OWNED AUTO IP409IL 01/91 IMPORTANT INFORMATION TO POLICYHOLDERS ILLINOIS IP446 08/01 NOTICE TO POLICYHOLDERS IA4112WI 11/16 WISCONSIN CHANGES - CANCELLATION AND NONRENEWAL IA4338 05/11 SIGNATURE ENDORSEMENT IA449WI 01/89 WISCONSIN AMENDATORY ENDORSEMENT IP406WI 01/90 NOTICE TO POLICYHOLDER - CANCELLATION IP427WI 07/12 KEEP THIS NOTICE WITH YOUR INSURANCE PAPERS AA505 03/06 BUSINESS AUTO COVERAGE PART DECLARATIONS 12-18-2018 07:47 Countersigned (Date) By (Authorized Representative) IA 509 0112 Page 1 of 1 EBA 046 30 53 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPluse BUSINESS AUTO XC+° (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, S. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, S. Other In- surance c. is replaced by the following; c. Regardless of the provisions of Par- agraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract SECTION II - LIABILITY COVERAGE, A. Coverage, I. Who is an Insured is amended to include as an insured any person or organi- zation with which you have agreed in a valid written contract to provide insurance as is af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1. Executed prior to the accident causing "bodily injury" or "property damage"; and 2. Is still In force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the Section II - Liability Coverage, A. Coverage, 1. Who is an Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance is amended by replac- ing Paragraph 5.b. with the following: b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented byyour "employee" under a contract in that individual "em- ployee's" name, with your per- mission, while performing duties related to the conduct of your business. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" is the lesser of: a. The actual cash value of the dam- aged or stolen property as of the time of the "accident"; b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or C. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently in- stalled housing unit as described In Paragraph 2.a. above; or c. An integral part of such equipment. F. Who is an Insured - Amended SECTION 11 - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1. Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy, or would be an "insured" under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion .of such poli- cy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4), H. Amended Fellow Employee Exclusion SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as follows: Exclusion 5, Fellow Employee is deleted. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever Is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above. J. Rental Reimbursement SECTION III - PHYSICAL DAMAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. K. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L. Airbag Coverage SECTION III - PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or 5. We will pay under this coverage only that amount of your rental reimbursement ex- (2) Actual cash value . the stolen penses which is not already provided for or damaged property. under SECTION III - PHYSICAL DAM- b. An adjustment for depreciation and AGE COVERAGE, A. Coverage, 4. physical condition will be made in de - Coverage Extensions. termining actual cash value at the time of "loss" Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N. Glass Repair- Waiver of Deductible SECTION III - PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent" or 'loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manag- er, if you are a corporation; or 4. A member or manager, if you are a lim- ited liability company. P. Unintentional Failure to Disclose Hazards SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Q. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DEFINITIONS, C. "Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily Injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease, 'Bodily injury" does not Include mental anguish or death that does not result from bodily injury, sickness or disease. R. Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto" in operations for or affecting a railroad: 1. Section V - Definitions, H. "Insured con- tract", 1.c. is amended to read: c. An easement or license agreement; 2. Section V - Definitions, H. "Insured con- tract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission. Page 4 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 42 WBR S49525 Endorsement Number: 7 Effective Date:12/01/2018 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: ECS MIDWEST, LLC 14026 THUNDERBOLT PLACE STE 100 CHANTILLY, VA 20151 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Countersigned by J"q"- ' ,, Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: Policy Expiration Date: