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HomeMy WebLinkAboutCH2M Hill/TMDL Assistance r CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5065 FAX(920) 236-5068 LETTER OF TRANSMITTAL To: Ms. Linda Mohr Date: March 26, 2015 CH2M HILL Engineers Sub�ect: Executed Agreement 135 South 84 Street, Suite 400 TMDL Assistance Milwaukee, WI 53214 Please find: � Attached ❑ Under Separate Cover ❑ Copy of Letter � Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantit Descri tion 1 Executed A reement These are being transmitted as indicated below: ❑ For Approval � For Your Use ❑ As Requested ❑ For Review& Comment Remarks: Enclosed is a copy of the executed agreement for the TMDL assistance services. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. Steve Brand —Copy City Attorney's O�ce—Copy City Clerk's Office —Original cc: _ File —Original Signed: Trac Taylor I:1EngineeringlTracy TaylorlSteve Brand AgreementslCH2M Hill LOT-TMDL Assist Executed Agreement_3-26-15.d AGREEMFNT This AGREEMENT, made on the 25�day ofi Y✓1�� , 2015, by and between the GITY OF OSHK(JSH, party of the first part, hereinafter referred to as CITY, and CH2M HfLL EN�INEERS, INC., 135 Sauth 84t" Strest, Suife 400, Miiwaukee, WI 53214, party of fhe second part, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and fhe CONSULTANT, for the consideration hersinafter named, enter into the fallowing AGREEMENT for TMDL ASSISTANCE. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the foliowing individuai to manage the PR�JECT described in this AGREEMENT: Linda Mohr, P.E. —Senior Project Manager B. .Changes in Praject Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individuaf named above as Project Mar�ager. The CITY shaQ be provided with a resume or other information for any proposed substitute and shali be given #he opportunity to interview tha# person prior to any proposed change.. � ARTICLE II. C1TY REPRESENTATIVE The CITY shall. assign the following individual #o manage the PROJECT described in this AGREEMENT: Stephan Brand— Pubiic Warks Utilities Bureau Manager ARTiCLE III. SCOPE OF WORK The CONSULTANT shall pravide the services described in the CONSULTANT's Scope of Services. CITY may make or approve changes within the general Scope af Services in this AGREEMENT. If such changes affect C�NSULTANT's cost of or time required for performance of the services, an equitable adjustmenf will be made through an amendment to this AGREEMENT. All reports, drawings, speci#ications, camputer files, field data, notes, and other � documen#s and instruments prepared by the CONSUL.TANT as instrumenfs af service shall remain the property of the CITY. i:1EnpineerinplTrecyTaytoASleveBlandApreemenlslCH2MHil1-TMDLAsslstAgreemnk 3•20-15.dxx Pag@� Of 6 ARTICLE IV, STANDARD 4F CARE - The standard of care applicable to CONSUL.TANT's services wili be the degree of skill and diligence normally employed by prafessional� 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. OP(NIONS �F COST, FINANCIAL C�NSiDERATIONS, AND SCHEDULES In providing opinions of cost, financial analyses, ecanomic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of fabor and materials; unknown or latent conditians of existing equipment or sfructures that may affect operation or maintenanee costs; competi#ive bidding procedures and marke# conditions; time ar quality af perFormance by operating personnel or third parties; and other economic and operational factors that may materialiy affect the ultimate project cost or schedule. Therefore, it is understood between the pa�ties that the GONSUL.TANT_makes no warranty fhat the CITY's actual praject costs, financial aspects, econamic feasibility, or schedules wi11 not vary fram CONSULTANT's opinions, analyses, projections, or esfima#es. ARTICLE VI. RECC?RD 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 informatian from others that the C�NSULTANT reasonably relied upan and that are incarparated into the recard drawings. ARTICLE 1/II. CITIf RESPONSIBIl.ITIES The CITY shalE furnish, at the CONSUL.TANT`s raquest, such information as is needed by the CONSUL.TANT to aid in the progress of the PROJECT, praviding it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSUL.TANT's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with worlc within a reasonable time period. ARTICLE VI11. ASBESTOS OR HAZARDOUS SUBSTANCES if asbestos or hazardous substances in any farm are encountered or suspected, CONSULTANT will stop its own work in fhe affected portions af#he PR�JECT to permi# testing and evaluation. . 1:1[ngineeringtTracy TaytorlSteva B�end Agreements\CH2M H[I!TMDI Assfst Agraemn�3•20-15.doat Pa�B 2 Of� if asbestos is suspected, CONSULTANT will, if requested, manage the asbestos remediation activities-using a qualifiied subcontractor at an additionai fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSUI.TANT will, if requested, canduct tests to determine the extent of the problem and wil! perForm fhe necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. CITY recognizes that CONSULTANT assumes no risk and/or liability far a waste or hazardaus waste site originated by other than the CONSULTANT. ARTICLE IX. CITY'S INSURANCE CITY will maintain property insurance on al( pre-existing physical facilities associated in any way with the PROJECT. � � CITY will provide (ar have the construction contractor(s) provide) a Bui(ders Risk A!I Risk insurance palicy for the ful! replacement value of aN project work including the value of atl onsite CITY-furnished equipment andlor �r�aterials assaciated with � CONSULTANT's services. Upon request, CITY will provide CONSULTANT a copy of such policy. ARTICI�E X. TIME OF C(�MPLETION The wark to be perFormed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in fhe CONSUL.TANT's Scope of Services. � The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees that the CONSULTANT is not responsible for damages arising directly or indirectly fram any delays for causes beyond the CONSULTANT's cantrol, For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or ather labor disputes, severe weather disruptions or ather natural disasters, failure of performance by the CfTY, or discovery of any hazardous�substances ar differing site conditions. If the delays resul#ing from any such causes increase #he time required by the CONSULTANT to perform its services in an orderly and efficient rnanner, the C4NSULTANT shail be entitled to an equitab(e adjustment in schedule. 1:1EnpinaeAnplTraey TaylorlSteve Brand AgreemenlslCH2M Hill•7MDL Asslst Agresmnt_3-20-15.docx Page 3 of 6 ART[CLE Xl. COMPONENT PARTS �F THE AGREEMENT This AGREEMENT consists of the following companent parts, all of which are as fully a part of this AGR�EMENT as if herein set out verbatim, ar if not attached, as if hereto attached: � 1. T�is lnstrum�nt 2. CONSULTANT's Scops af Services dafed March 17, 2415 and attached • hereto In the event that any provision in any of the above component parts of #his AGREEMENT conflicfis with any provision in any other of the companent parts, the pravision in the component part first enumerated above shall govern over any other component part which follaws it numerically except as may be otherwise specifically stated. � ARTICLE XII. PAYMENT A. The Agreement Sum. The GTY shall pay to the CONSULTANT for the performance of the AGREEtCJIENT the tota( sum as set forth belaw, adjusted by any � changes hereafter mutuaily agreed upon in writing by the parties hereto: , • Time and Materials Not to Exceed $24,800 (Twenty-Four Thousand Eight Hundred Doilars). • Attached fee schedule shaf( be firm far the duration of this AGREEMENT. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The C1TY shall pay the CONSULTANT within thirty (30) calendar days after receipt of such sta#emen#. If any statement amoun# is disputed, the CfTY may withhold payment of such amoun# and shalf pravide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Cos#s. Costs for additional services shall be negotiated and set forth in a written amendment to this AGREEMENT executed by both par#ies prior to proceeding with the work covered under the subject amendment. ARTICLE XIII. HOLD HARMLESS � The CONSULTANT covenants and agrees to protect and hald the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportianate ex#ent caused by or result fram the intentional or negiigent acts of the CONSULTANT, his/her agehts or assigns, his/her employees, or his/her subcontractors related hawever remotely to the perFormance of fhis AGREEMENT ar be caused or result fram any vialation of any law or administrative regulation, and shafl indemnify or � refund to the C(TY all sums inciuding court costs, attorney fees, and punitive damages � which the CITY may be obliged or adjudged to pay on any such c[aims or demands I:1EngirwertnglTracyTuytaSStevo Brand AgreemenislCN2M Hill•TMQL Asslst AgreeronL3-2Q-15.doat Page 4 of 6 within thirfy {30) days of the date of the CITY's written demand far indemnification or re#und #or those actions, claim, and ctemands caused by or resulting from intentional or negliger�t 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 liabi(ity, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), ar damages to person or property arising out of re-use of the documents without consent where such liability is faunded upon or grows out of the acts or omission of any of the officers, emp[oyees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XIV. (NSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh lnsurance Requirements. ARTICLE XV. TERMINATION A: Far Cause. lf the CONSULTANT shall fail to fuifill in tirnely and proper manner any of the obligations under this AGREEMENT, the CITY shall have the right to terminafe this AGREEMENT by written notice to the CONSUI.TANT. In this event, the CONSULTANT shall be en#itled to compensation for any satisfactary, usable wark completed. B. �or Convenience. The CITY may terminate this AGREEMENT a# any time by giving written notice to the CONSULTANT na later than ten (10) calendar days before the termination date. If the C1TY terminates under this paragraph, then the CONSUL.TANT shall be entitled ta compensation for any satisfac#ory work performed fo #he date of termination. � This document and any specified attachments cantain aN terms and conditions of the AGREEMENT and any alteration thereto sha(I be invalid unless made in writing, signed by both parties and incorporated as an amendment to this AGREEMENT. , ARTICLE XVI. RE-USE OF PROJECT D4GUMENTS All reports, drawings, specifications, documents, and other de(iverables of C�NSULTANT, whether in hard capy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. CITY agrees to �ndemnify CONSULTANT and C(JNSULTANT's officers, employees, subcontractors, �and affiliated corporations fram all claims, damages, losses, and casts, including, but not Iimi#ed to, litigation expenses and attarney's fees arising out of or rslated to the unauthorized re-use, change, or alteration of these project documents. I:IfnglneeringlTreryTay�alSteveBrandAyreemenlslCH2MHihTtdOLAsalstAgreemn�3-20-18.dopt Page 5 of 6 ARTICI.E XVII. SUSPENSION DELAY �R INTERRUPTION �F WORK � CITY may suspend, delay, or interrupt the senrices of C4NSULTANT far the canvenience�of C1TY. In such event, C�NSULTANT's cantract price and schedule shall be equitably adjusted. ARTICLE XVIII, NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party bene�ciaries. In the Presence of: CONSULTANT By: (Seal af Consultant �G� �5��_,._ _ . if a Corporation) : (Specify Title) By: (Specify Titfe) CITY OF OSHKOSH By: �-- _ (V1/itness} Mar A. Rohloff, City Manager And: (Witness) Pamela R. Ubrig, City Cferk APPROVED: ! hereby certify that the necessary provisions have been made ta pay the liability which Will accrue under this AGREEMENT. torney .-� � `�ity Comp�aller � i:fEnpinearirql7racy Taylor�Sfave Brand Agreements�CH2M Hitl•TMOL Asslst AQreerm�3•24�15.dorac P�gB�Of 6 ItECEIV�D SCOPE OF SERVlCES MARCH 17,2Q1S � TMDL Assistance M����'72��� � I?L'•YT O1� I'UL3LlC WORKS Purpose QSHKC)Sf�. WISGQN�IN in the reissuance of its Wisconsin Pollutant Discharge Eiimination System �WPDESj permit for the City of Oshkosh(City)WastewaterTreatment Plant(WWTP),significantly lower phosphorus Water Quality eased Effluent Ltmit�WQB�I) is proposed.While City is legally contesting the proposed permit limits, it is also taking a number af actions ta prepare for changes in phosphorus limits.These actions include participating as an active stakeholder in the Upper Fox River watershed total maximum daily load tTMDI.) process.i'he outcomes of the TMDI wili impact City WWTP effluent limits.7he City Is also investing strategies to achieve a lower phosphoraus limii including the foltawing: • Optimization of phosphorus removal with current treatment pracesses • Phosphorus source reductfon . • Additional treatment processes and upgrades to the existing WWTP • Adaptive�management and/ar pailutant trading with upstream contributors 7he purpose of this scope of services is to provide technicai engineering services at the direction af the City to support its efforts to comply uvith reasonable phosphorus limits: Task 1 - Technical Assistance . CH2M HlLL EnglneQrs, Inc.{CH2M HILLy will facilitate a workshop to discuss phosphorus compfiance strategies and produce a decision tree or roadmap tool to identify the options,critical decisians to be made,and a timeline.It is anticipated that this workshop would consider technical, legai,and regulatory aspects of phosphorus campfiance efforts. CH2M HILL services will inciude review of plannin�materiais,participation in meetings,and submission af revlew comments and pro#essional opinion.These services wili.be provided primarily by professional engineers based in CN2M HILL's Milwaukee affice,with occasional consultation with other technical experts as needed. CH2M HILL wilf provide meeting minutes and conversation summaries to document aspeets af the TMDL pracess and related phosphorus compliance planning activities far communicatian with City stakeholders. CN2M HILL will provide technical advice and recommendations with consideration of the wide-ranging opttons for compliance with WQBEI.s. The City will explore including optimization of wastewater treatment,water quality trading and watershed adaptive management ar a combinatian of these measures. Task 2 — Project management, quality-assurance/quatity control Project management and quality assurance/quality control duties include: Communication.Communicatian wili be maintained through regular team meetings,tslephone calis, and e-mail. Meetings will be held with C(ty staff to discuss the TMpL and phasphorus compliance planning process. In addition ta meetings,reports on praject budget and activities will be submitted with monthly invoices. Quality Contra(jQuality Assurance(QA/QCj.The role of the t�A/QC process is to support the project manager and technical staff throughout the proJect and review compieted work at project milestones. Project deliverables wiil be reviewed prior ta submiss#an#o the Gty. Schedule The TMDL technical consttlting servEces will be provided in 2015. L.evel of Effort and Compensation The level of effort for professional engineering senrices and campensatlon is presented in Table 1. TABLE 1 �evel of effort and cost Activtty Hours Cost{Labor and Expenses} Task 1--TMDLTechnlcal Assista�ce 218 $19,760 Task 2—Project management and QA/QC 32 $5,040 TOTAL I50 $24,800 ' CH2M HILL 2015 HOURLY CHARGE RATES RECErvED for -- PROFESSIONALS AND TECHNICIANS MAR 2 4 2015 DEPT OF PU13L1C WORKS OSHKOSH, WISCONSIN Classification Hourlv Rate Senior Consultant $220 Senior Project Manager, Senior Project Engineer $210 Senior Engineer $190 Senior Designer $170 Project Engineer, Senior Modeler $160 Associate Modeler $140 Engineer $115 Associate Egnineer $100 Clerical $75 . Expenses Expense Type Estimating Method Rate Photo Copies Service Center $0.05 Reprographics Service Center varies Auto mileage Travel $.575/mile � Auto Rental Travel Actual Other Travel (FTR Guidelines) Travel Actual Equipment Rental Operating Expense Actual Postage/Freight Operating Expense Actual Page 1 '� � DATE(MM/DDfYYYY) �A�° CERTIFICATE OF LIABILITY INSURANCE ���20,4 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER�S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate hoider in lieu of such endorsement(s�. PRODUCER CONTACT NAME: MARSH USA INC. 122517TH STREET,SUITE 1300 RECEIV I � acNNO eM: ac No: DENVER,CO 80202-5534 E-MAIL ADDRESS: � - INSURER S AFFORDING COVERAGE NAIC� 15114-12345-5EX2P-14/t5 021825 �AR 2 4 2U, � iNSURER A:Greenwich insurance Company 22322 INSURED �, INSURER 8:NIA WA CH2M HILL ENGINEERS,INC. 9127 SOUTH JAMAICA STREET D E N�< <��� Y U BLj � � wsurtert c:XL insurance Amenca,ina 24554 ENGLEWOOD,CO 80112 O S f{h(��H, W ISCU i� �' iNSUrtEa o:Zunch Amencan insurance Co 16535 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-oo23a37t7-t3 REVISION NUMBER:t7 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE iSSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �LTR ADDL SUBR POLICY EFF POLICY EXP ��M�� TYPE OF INSURANCE POLICY NUMBER MMfDO MMIDD/Y`(VY GENERAL LIABILRY X - EACH OCCURRENCE $ 1,500,000 A X RGE500025503 05/01l2014 05I01/2015 DAMAGE TO RENTED 1,500,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence a CLAIMS-MADE � OCCUR MED EXP(Any one person) $ X $500,000 SIR PERSONAL 8 ADV INJURY $ 1,500,000 GENER4L AGGREGATE g 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 5,000,000 POLICY PR� LOC $ AUTOM081LE UABILITY X COMBINED SINGLE LIMIT 2,OOQ000 Ea accident A X ANY AUTO RAD500025403(AOS) 05J41I2014 05I01l2015 BOOILV INJURY(Per person) S A ALL OWNED SCHEDULED RAD500025603(MA) 05JQ112014 05l01/2015 BODILY INJURY(Per accidentj $ AUTOS AUTOS PROPERTY DAMAGE $ NON-OWNED Per accident HIRED AUTOS AUTOS $ UMBRELLA LIAB pCCUR EACH OCCURRENCE $ EJ(CESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION 5 $ WORKERS COMPENSATION X WC STATU- OTH- C AND EMPIOYERS'LIABIIITV Y!N RWD5000252Q3(AOS) OS/01/2014 �5/01(2015 1,�0�,��� OFFICER/MEMBER EXCLUDED ECUTIVE� N�A E.L.EACH ACCIDENT $ C (Mandatory In NH) RWR500025303(WI} 05/01/2014 05l01(2015 E.L.oISEASE-EA EMPLOVE $ 1,000,000 It yes,descnbe under 1,000,000 DESCRIPTIQN OF OPERATIONS beiow E.L.DISEASE-POIICY LIMIT $ D PROFESSIONAL IIABILITY' EOC3829621-12 05/01/2014 05I0112015 Each Claim&Aggregate $2,000,000 Each Policy Period DESCRIPTION OF OPERATIONS(LOCATIONS/VEHICLES (Attach AGORD 107,AddiHonai Remarka Schedule,If more spaee le requlredl RE:ALL PROJECTS;PM:LINDA MOHR. CITY OF OSHKOSH.AND ITS OFFICERS,COUNCIL MEMBERS,AGENTS,EMPLOYEES AND AUTHORIZED VOLUNTEERS ARE INCLUDED AS AN ADDITIONA�INSURED ON THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES AS REQUIRED BY WRITTEN CONTR,4CT OR AGREEMENT. 'FOR PROFESSIONAL LIABILITY COVERAGE,THE AGGREGATE LIMIT IS THE TOTAI INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED.THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. CERTIFICATE HOLDER CANCELLATION CITY OF OSHKOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:SUPERINTENDENT OF UTILITIES- THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN STEPHAN BRAND ACCORDANCE WITH THE POLICY PROVISIONS. 215 CHURCH AUENUE,PO BOX 1130 OSHKOSH,WI 54903-1130 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Sharon A.Hammer �?✓Au-•-�-� �-`-��L^-^-^'^E-�-� O 1988-2010 ACORD CORPORATION. Ail rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ENdORSEMENT#041 This endorsement,effective 12:01 a.m., May 01,201d, forms a part of Policy No.RGE500025503 by Greenvxich insurance Company issued to CH2M HILI COMPANIES, LTQ. THIS ENDORSEMENT GHANGES THE PC3LICY. PLEASE READ IT CAREFU�LY AUT�MATIC AODITIONAL INSURED'S PRIMARY COVERAGE This�da�sement modifies Insurance pravided under the following: C�N�ttIERCIAI�ENERAL LIABILITY COVERA�E PART With respc�t to coverage provid�l by this endorsement,the provisions of the Coverage Part apply unless modified bythis endorsement. , SCHEDULE � Name Of Additional Insured Perso� s f3r Or anization Location s of Covered O erations Any entity, person or arganization you are required All Locations by any coritract,permit,access agreement, execufed prior to any loss to provide additional insured status under this Polic . A. Section II—Who is an Insured is amended to include as an addidonal insured the p�sai(s}or Organization (s) shrnnm in the schedule and any ather person(s) or organization(s) you are required to add as an additional insured under the contract, permit or access agreemerit described in the schedule but only with respect to liability for "bodily injury" or "property damage"or"personal and advertising injury caused,in whote ar in part by: 1. "Bodily Injury",`property damage"or"pers�al and advertising inju�y"caused by the your operations on the additiar�al insured's premises or 2. "Yourwork"for th�additional insured and included in the°produots-completed operations hazard";or 3. Your acts or omissions;or 4. The acts or omissia�s of those acting ari your behalf. As resects 2,3,and 4 the following also applies in the performance af your ongoing operations for the additional insured(s)at the location(s)designated abave. However: MANUS �3 2014 X.L.America, Inc. All Rights f�eserved. May not be copied without permission. 1.the insurance afforded to sueh additional insured(s)only applies to the extent permitted by law;and 2. ff coverage provided to the additiarial insured(s)is required by a contract,permit or aocess agreement,the insurance aftorded to such additia�al insured(s)will not be broad� than that which you are required by the contraet,permit or aecess agreement to pravide for such additional insured(s) B. t3nly when required by a contract,permit or access agreement this insurance applies to: 1. (a)All work on the project(od��than service,maintenance or repairs)to be periormed by or on b�alt af the additio�al insured(s)at the site vf the covered operations has been completed;or(b)That portion at your wwk out of which the in�ry or damage arises has been put to its i�tended use by any person or v�ganization dh�than another contractar or subcontractor engaged in performing operations for a principal as part of the same project. • 2. "Balily Injury"or"Property Damage arising out ot any ac�ar omission of the additional insured(s) or any of their employees,other than#he general supervision of work performed for the additional insured(s)by you. H owever: 3.The in�rance afforded to such additional insured(s} only applies to�e extent permitted by law and 4 If coverage pro�vided to the additional insured(s)is required by a contract,permit or access • agreement,the insurance affarded to such additional insured(s)will not be broader than that which yau are required by the contract, permit or access agreement to provide for such additional insured(s). G. Any coverage provided hereunder shall be excess over any other valid and collec6ble insurance available to the additional insured(s}whether primary,excess,contingerrt ar on any other basis unless a contract specifically required that this insurance be primary,or you request that it apply on a primary ba�s.When this insurance applies on a primary basis for the additional insureds described abot�e,it shall apply aily to"bodily injury","property damage" or "personal and adve�tising injury"caused by your work for that additional insured by or for you.C?ther insurance affarded to those additional insureds will apply as excess and nat contribute as primary to the insurance afforded by this endorsement. The limits of, insurance with respeet to each person,organization w endty shall not exceed the limits of liability af the named insured .All insuring agreements, exclusions and conditions of this policy apply. In no event, shall the coverage or limits oi insurance in this c4verage form be increased by such contract,permit or access agree�nent. All other terms and conditions remain the same. , � C��' , � �, ;--�'rrt,r.;:� � �J Authorized Representative MANUS ��014 X.L.America, Inc. All Rights Reserved. May n�be copied without permission.