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HomeMy WebLinkAboutCH2M Hill Engineers/TMDL Tech AssistanceCITY 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 CH2M HILL Engineers, Inc. 135 South 84t Street, Suite 400 Milwaukee, WI 53214 Please find: ❑ Copy of Letter ❑ Meeting Notes ❑ Specifications � Attached � Contracts ❑ Photos ❑ Estimates Quantit Description 2 Executed A reements Date: September 25, 2015 Sub�ect: Executed Agreements ❑ Under Separate Cover ❑ Amendment ❑ Report ❑ Agenda ❑ Mylars ❑ Change Order ❑ Plans ❑ Diskette ❑ Zip Disk ❑ Other These are being transmitted as indicated below: ❑ For Approval Remarks: � For Your Use ❑ As Requested ❑ For Review 8� Comment Enclosed is a copy of the executed agreement for the TMDL technical assistance. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. Also enclosed is a copy of the executed agreement for the wastewater pretreatment program update. Please reference Res. No. 15-422 on all of your invoices for these services. If you have any questions, please contact us. Steve Brand — Copy City Clerk's Office — Original cc: _ File — Original Signed: racy . Ta lor ClEngineeringlTracy TaylorlSteve Brand Agreemenls\CH2M Hill\TMDL Assist�2015\TMDL Technical AssisflLOT-Executed Agreement_9-25-15.docx AGREEMENT This AGREEMENT, made on the �3�day of , 2015, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CH2M HILL ENGINEERS, INC., 135 South 84th Street, Suite 400, Milwaukee, WI 53214, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for TMDL TECHNICAL ASSISTANCE. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager_ The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Linda Mohr, P.E. — Senior Project 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: Stephan Brand — Public Works Utilities Bureau Manager ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Scope of Services. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. I:\Engineering\Tracy Taylor\Steve Brand Agreements\CH2M HiIIITMDL Assisfl2015\TMDL Technical Page 1 of 6 Assi slWgreement_9-9-15. docx ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services wili 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 that the CONSULTANT makes no warranty that 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 that the CONSULTANT reasonably relied upon and that 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. 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. 1:1EngineeringlTracy Taylor\Steve Brand AgreementslCH2M Hi111TMDL Assist�2015\TMDL Technical Page 2 of 6 Assi st�Agreeme nt_9-9-15. docx 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. CITY recognizes that 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 CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT_ 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, 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 CONSULTANT'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 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: 1:1Engineering\Tracy Taylor\Steve Brand AgreementslCH2M Hill\TMDL Assist�2015\TMDL Technical Page 3 of 6 Assi stVlgreement_9-9-15. docx 1. This Instrument 2. CONSULTANT's attached hereto Scope of Services dated September 8, 2015 and In the event that 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 $24,580 (Twenty Four Thousand Five Hundred Eighty Dollars). • 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. 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. ARTICLE XIII. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related however remotely to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of 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 I:\Engineenng4Tracy TaylorlSteve Brand Agreements\CH2M Hill\TMDL Assis112015\TMDL Technical Page 4 of 6 Assisl�Agreement_9-9-1 S.dacx 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 lnsurance Requirements. 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 PROJECT 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. 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 CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. I:\EngineeringlTracy Taylor\Steve Brand Agreements\CH2M Hi114TMDL Assistt2015\TMDL Technipl Page 5 of 6 AssistVlgreement_9-9-15. docx ARTICLE XV111. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: (Seal of Consultant if a Corporation) (Witness) (Witness) AP OVED: � � � t rney �_ . CONSULTANT By: - '�rc�- ,�;ir� % 1� (Specify Title) : (Specify Title} CITY OF OSHKOSH By: /�'�-- /� o Ma c A. Rohloff, City Manage� And: . �g.{G� c ��� "" / 1 hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. �.:�� �,C��(� City Comptroller I:\EngineeringtTracy Taylor\Steve Brand AgreementslCH2M Hi111TMDL Assisfl2015\TMDI Technical Page 6 of 6 Assi st�Agreerrrent_9-9-15. docx SCOPE QF SERVICES TMDL Tec�nica Purpose __� � RT�C�L,CVTta ----i , --= $.Z�i�EFTEMBER 8. 2015 Assista nce s�� � ���St�KU��-� L4Vi5GONS N In the reissuance of its Wisconsin Pollutant Discharge Elimination System (WPDES} permit for the City of Oshkosh (City} Wastewater Treatment Plant (WWTP), significantly lower phosphorus Water Quality Based Effluent Limit {WQBEL) is proposed. While City is legaily contesting the proposed permit limits, it is also taking a number of actians ta prepare for changes in phosphorus lirnits. These actions inciude participatir,g as an active stakeholder in the Upper Fox River watershed total maximum daily load {TMOL} process. The outcomes of the TMDL wi(I impact City WWTP effluent tirnits. The City is also investing strategies to achieve a lower phosphorous limit including the following: • Optimizatian of phosphorus removai with current treatment processes • Phosphorus source reduction + Additional treatment processes and upgrades to the existing WWTP • Adaptive management and/or poflutant trading with upstream cantributars The purpose of this scope af services is to provide technicai engineering services at the direction of the City to support its efforts to comply with reasonable phasphorus limits. Task 1—Technieal Assistance � CH2M will facilitate a workshop to discuss phosphorus comp(iance strategies and praduce a decision tree or roadmap tool to identify the options, critica! decisians to be made, and a timeline. It is antic(pated that this workshop would cansider technical, legal, and regulatory aspects of phosphorus compliance effarts. CH2M services will include review of planning materials, participation in meetings, and submission of review corr�ments and professianal apinion. 7hese services will be provided primarily by professional engineers based in CH2M's Milwaukee office, with occasional consultation with other technicai experts as needed. CH2M will provide meeting minutes and conversatian summaries to docurnent aspects of the TMDE. process and related phosphorus compliance planning activities for communication with City stakeholders. GH2M wi!( provide technical advice and recommendations with consideration of the wide-ranging options for compliance with WQBEIs. The City will explore including optimization of wastewater treatment, water quality trading and watershed adaptive management or a combination of these measures. Task 2— Project management, quality assurance/qua}ity con�trol Froject management and quality assurance/quality contral duties include: Communication. Communication will be maintainad through regular team meetfings, telephone calls, and e-mail. Meetings will be held with City staff to discuss the TMDI. and phasphorus compliance planning pracess. ln addition to meetings, reports on project b�dget and activlties wiil be submitted with monthly invoices. t2uality Control/Quality Assurance (QAJQC). The role of the QAJQC process fs to supp�rt ihe praject manager and technical staff througtiout the project and review compieted work at project mi(estones. ProJect deliverables will be revlewed prior ta submission to the City. Schedule The TMDL technical cansuiting services wil) be provicied in 2015. Leve[ of �fFo�� and Compensaiion The levef c�f effort for professional engineering services and compensation is presented in Table 1. TABLE 1 levei of effart and cost Activi#y 7ask 1-TMDL Technical Assistance Task 2— PraJect management and (aA/4C Hours 116 32 TOTAL 148 Cast (labor and Expensesj $19,540 $5,0400 $24,584 CH2M H(LL 2015 HOURLY CHARGE RATES for PROFESSIONAI.S AND TECHNICIANS Classification Senior Consultant Senior Project Manager, Senior Project Engineer Senior Engineer Senior Designer, Senior Technologist Project Engineer Associate Modeler, Senior CAD Tech Associate Engineer Engineer CAD Tech, Senior Clerical C►erical � ----_._.,�. . _ ��C�IVED € t s�� �� � zo» p�l-iKC�SEI, W1 COI�lSrNry Hourly Rate $220 $21Q $190 $170 $150 $130 $120 $10S $90 $75 Expenses Expense Type Estimating Method Rate AuCo mileage 7ravel $.575/mile AuCo Rental Travel Actual Other Travel {FTR Guidelines} Travel Actual Equipment Rental Operating Expense Actual Pastage/Freight Operating Expense Actual Subcansuftants/�utside Services 5% Rates subject to increase in 2016. CERTIFiCATE +�F LiABILtTY tNSUaANCE � �AT�{MMlpD1YYYY� Q4I22�2016 7H1S C&R71FlCA7E 13 ISSUED A3 A MATTER 0� iHFORMATION ON�.Y ANd COHF6R3 NO RI4HT3 ElPON TH� C�RTI�tCA7� fi0l.p�ti. iH18 CERTIFICATE DOE3 NL►T AFFIRAAATIYEi.Y OR Ft�GATiVE�Y AMEND, EXTEND OR AL7ER THE CC)VEftAGE AFFORDED 6Y 'iHE P�LIClES sE1.OW. 1'FtlS C6RTIFICAT� 0� INSURANCE DOE3 NOT CQNSTITU7� A COHiRACT g�7WEEN 7HE l89UIN0 INSUR�R(3}, AUiHORIZ@D FtEpRESENTA7iV8 OR PRODUGER, AHD THE CER7iFICA7� HOLn�R, 1MPqRTANT: 1( the cartiflcate hoideT ts an ADOITIONAL fNSUREU, tite pollcy(iea) niusE be endorsed. If SUBR00ATtON iS WAIV��, subjact to tha terms and conditione of tiie pailcy, cer#atn poUctoe may rec;�dra an endorsernent, A sfatemeiit oa ti�is cert(ficafa dnos »at conlor rt�hts to the certtftoats f�otder 1n Ileu e} such onctoraeit►erit s. PRODUCER [�,�', ,r r `' . �V�RSN USA INC, -- 122517TH STftEET, SUITE i300 . N�� � o' a�r�v�a,co eozoz-as�t �, � 2�15 •'� ` �P� ,.,e„���,o, .zr„n�,.,,. �,.,.�.,..�� ,..�... 16114-12345-5EX2P•f51t6 02182b 1k8Ui3R0 CH2M ti1lL ENGlNEERS, R�C, 8127 SOl1TH JMSAICA SiftEEt ENGLEWOOD,G� 84l12 r6%} • - - tS �� �����; At t�R �nstxance fasaranceAmerka, Inc. Ech Ame�[an Insurance Co COVERAt3E$ CERTI�ICA'T� NUM6iR: SFJ�•0023d371?•t4 REVfS1flN NUMBER: f7 THI3 i3 TO CERT(FY TWIT THE POLIGES OF INSURANCE l.I3T�p REI.OW NAVE B6EN ISSUEQ 70 THE (N3UFi�D NAAAED ABOV� FOR THE POI.ICY f'ER{OD IMDICATED, NOTIMTHSTAND]NO ANY REQUICtEM�N7, T�RA� OR CONDITION OF ANY CONTRACT OR QiN�R DOCUMENT WITN R�3P�C7 TO N?ilCti THlS C�RTlFICATE @MY S� ISSU�A �R AtAY PER7AIN, 7H� 1NSURANCE A�FORDEO BY TiiE POLIClE3 p�SCRi��GI N�fi�IH IS SU&J�CT TO R4l. Tti� TERMS, EXCl.USfONS ANp CONQ1TtONS OF SUCIi AOI.tCIE3. LlFAlT8 SH04VN fAAY tiAV� B��N i2�qUC�q RY PA1p CI-AlMS. 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P1SFJiSE - FJ1 EMPi.OYE S It es dexnbo under 1�000.000 n�s��iPna FOPERA 0 S69bw �.�.ais�ns�-po��cv�i�arr s p PROF�SSIONAL LIABILIIY` �QC3b28621•13 05JOft261b �itZOfB Eacfi Ct�m &{�qgregate 52,�00,000 Each PoFiy Pcriad DE8CttlPitOHdFOAEfWTlOH811.00A7lOH87YENiCLE8 (A4l�ohACORD101,AddWOn3lRemuk666heduld,ifmoro3pu016nqu1fBdj RE; Atl pROJECT5; YM: LINQA MOHR, CITY Of OSNKOSH, AtJU iTS OFFfC�RS, COUNCII. M�MpERS, AG�NFS, EMPiOY[£S AFID AUiHORiZED VOI.UNTE�ti5 Aft� tNCIUpEp A8 N� AOQITtONAl.1NSUR�O OtJ THE G�NEFtAL UABIUIY ANDAU79A406lLE LIABILITY POi1CIES AS REdU1RED DY WR1TiEN C(k�TRACT ORAGRE[MENT. 'fQR PRdfESSfQt�I�I. LIA9ILITY COYERA(iE, TNEAGGREGAiE U!,{(T l3 THG TOTAI. ftlSUfiANC[ AVAII�Ul.EFOftCWMSPR�S�NT�pLYiTN�N7F3�PO4ICY PERIOpFORAU.QPFJttlTIONSOfi31�lNSUREO.TH�UMITWIIIR�R�QUC�pBYPAYt�i�!{iSOPINDEMNITYAPtpEXP�NSE. CIiY QF OSHKOSH AttN: SUP�RINTCN4EN1' 0� UTILIifES - SiGPWtN BRAND 215 CHURCN AVENUE, PO #�OX 1 t30 OSHK03H, Wl 64903-113D ACORD 25 (2010106j $H4ULD ANY OP THE A90UE DESCRI8EQ POLiCIE$ BE CANCELI.EO BEfORE THH EXPIRATfON OAT� 7H6R�d�, NOTlCE WiLI. BH DELIYEREB IN ACCORDANCE WIiH THE pOLtCY PFiOVI$IONS. AUFHOlt1Y�0 R�pft�9�HTA71Yk oF Mereh U3A ►na. ( 3heron A. Harrnner ���� Q -���-�-m� � 1988•2010 ACQ�p CO�iPORATtON. All rt�hta ro Tho ACORQ namo and to�o are reglatered marks of ACRftD �NnOf{SEM�NT# 041 71�is endorsement, a#ective �2:01 a.m., May 1, 20�8 farms a part of poticy Np.R4�f>OOQ2�5Q4 issued to CH2M HILI. CqMPANI�S, LTQ. by areenwlah lnsurana� Company THis �NDORSEM�NT CMANaES TH� paLIGY, p1.�AS� R�AQ IT CAREFULLY At1TOMATlC AaDi1'IONAl. INSUR�R'& PRiN1ARY COV�RA�E 1'his endorsen�ent modifi�s insurance provlded under the foliowing; COMMEFtCIAL 4�N�€2AL LIABILITY COVEFtAf3� PpRl' With respeot ta c�ve�aga pr4vid�d bytMis �nctors�ment, the �rovisione ofths �ovaragQ Fart appiy. unless rnodi�ed by this $ndorsement. . SCH�DULE A. Seat(on 11 �-UVho is an Insured Is amended to Include�as an a�ddikianat insursd ti�a person(s) or arffai3izatlon (s) shawn in tha sched�i(a and any oti�er �erson(s) or org�nixatiatl(s) you are� required to add as an additf�nal insured under the contract, perrt�l# or accesa agreemeht dsscribeci In the� sc}�edule but only w�th respeat ia liabflity for "�odlly fnjury" ar '�ropsrty damag�" ar "personal and adver#Ising Injury aaused, in whoia or In part by: �. "�odfly Injury", °property dama�e" or "personal and advertlstng injury° cau�ed by you�` oNerations an ths additlonai insured's pren7ises ; or 2. "Yaur wark" fQr the additEonai Insured �nd tncfuded In the "pCaduct�c.otnpleted aperations hazard'; dr 3. Yout aots or anlsslons; or �. The a�ts or ontisslons of Ihose actinff ai yaur bel�aif. A� reseats 2, 3, and 4 the f�flawing also applies In ti�s performance of your angoing operatlans for the addit(onal Insured(s) at the looatiQn(s) designaied abov�a, Now�ver; MANUS 4 2415 X.L. Ametica, tno, AH �tlghts Fisservad. t�a�e � May nat be copled wlthout permisslon. � 'f, the lnsurance �ffarded to such additional insured(s) only applleQ to tha ex#ent �ermittecE by law; ar�d 2. if covera�e provided to the addltivn�i inaured{s) is required by a ctintract, permit �r aacass agtee��sctt, tha (nsu�ance aftorded to suah additianat insured(s) w114 not �a brpadsr than that which you are requlred by the contraot, perrnit or access ag�eem snt to pravlde for suati additianal lnsurad{sj �, Only when requ[�ed by a cantraot, permlt or aacess agreernent this lnsurance appiies to, 9. ta} Alt work on the project (otf�er than ssMce, maintenance or repairs) to be perfarmed by or on behalf of tMe �dditional lnsureci(s} at the s{te ot the aoveret! operat{ans has been campfeted; a' (b}'ihaE pottion af yaur work out of whlch tha EnJuey or damage arises has been put to Its lntend�d use by any person or organixattan other than another contraotor or suboontractor e�igaged in perforrning operatlott� f�t• a prinolpal as par� of the same � project. . . � 2. "�odAy injury" or "Property pamage arl�Ing out of any act ar omisslon of the addil;onal 1r�sured(s} or any of ihefr empbXees, atl�er than the genera) supervision nf work per%rn�ed for the additional Insure�(s} by you. Nowever: 3. The Insurance afford�d Fa such �ddltinna! insured(s) only applies ta the �xi�ttt p�rmitted Gy law �nd 4 tf coverage p�ovided ta the �ddiElonal Insured(s) }s requlred by a cor�iraa#, p�rmit ar access �gree�t ent, the in�uranoe afl'orded ta such additlona! in�ur�d{s) will not be broader than that w�tiGh you are requlrecl by the cpntract, p�ermit or access agreement to pravide ior such additianal insured(s). G. A�iy coverag� providsd hereunder shali be exGess avar any ather wal4d and coilectibEe insuranGe avallabl� to the acldltional fnaured(s) whether primary, exasss, oontingent or on any other basis unlese a cantract speaffically required tirat tt�is insuranae be prl�nary, or yau requsst that it appiy on a primary basis. VVt�ett tltis insurance applies on a prtmary basis for the additlbna! Inst�reds cles�r(bed above, ft sha�ll app3y only to ubod{1Y inJury", "pro}�srty damage" or °persana! and advetttsh�g injury' aaused by your work for ti��t addltional Ins�red by "or far you, �iher lnsuranae afforded to those additional Insureds wIU apply as excess and nok contribs�ke as �rimary to the insuranae affordsd by this endorsement, 7he ijmits of, insurance wltt� respeot to �ach person, or�anizalion or etttity �hali nat exoeed the Itmits of 1labiiity oi the named ins«red .Alf insuring agresments. exclusians and condiEions ai thie po1{ay ap�Iy. In �lo event, shall the covera�a ,o� Ifmlts of insuranae !n tt�is caverage forrn be increased by suah conkraot, permit oracosss agreetnent, AI! atherterms and cor�diElons remain the same. }'� .�_ ��„7`Me�'r�t�"� .j�d`�l' �l (Authariz8d itepras�ntativs) MANUS � 2095 X.L. An�erica, Ittc. All Rtghks Reserved, Page 2 May not be aopled wlthouk perm{ss�an.