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HomeMy WebLinkAboutPTS Contractors Inc. & City/ Construction Contract 16-03 CITY OF OSHKOSH LEGAL. DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, Wl 54903-1130 PHONE: (920) 236-5115 FAX(920)236-5106 LETTER OF TRANSMITTAL To: PTS Contractors, Inc. Date: March 23, 2016 4075 Eaton Road Project: Snell Rd. West Lift Station, ect. Green Bay Wl 54311 From: Amber Heise, Admin. Assistant Re: Signed Agreement Attn: Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Agreement ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ElSpecifications ElEstimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement for Snell Rd. West Lift Station & Interceptor Sewer, Public Works Contract 16-03 1 Executed Performance Bond 1 Certificate of Liability Insurance These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: cc: City Clerk (original) Public Works (original) i STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT ADDENDUM 2 REVISION THIS AGREEMENT is by and between City of Oshkosh ("Owner")and PTS Contractors, Inc,4075 Eaton Road, Green Bay Wisconsin, 54311 ("Contractor"). Owner and Contractor hereby agree as follows: ARTICLE 1 —WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is comprised of: City Contract 16-03: Snell Road West Lift Station and Interceptor Sewer ARTICLE 2—THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: City Contract 16-03: Snell Road West Lift Station and Interceptor Sewer, Work Unit A, B and Alternate B 1 ARTICLE 3—ENGINEER 3.01 The Work Unit A has been designed by AECOM (Engineer) and Work Unit B by the City of Oshkosh, AECOM is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4— CONTRACT TIMES 4.01 Tune of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Dates foi-Substafitial Contpletioti! acid Ficial Payi'nent A. Work Unit A and Alternate B 1 1. Substantial Completion—January 1,2017 2, Final Payment—March 1, 2017 EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright(O 2007 national society of Professional Eugincers for F lCDC.All rights reserved. Page r of 8 B, Work Unit B 1. Substantial Completion—October 15, 2016 2. Final Payment—October 31, 2016 4.02 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.01 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner per Section 100.45 of the current edition of the Standard Specifications far City of Oshkosh, Wisconsin for each day that expires after the time specified in Paragraph 4.01 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner per Section 100.45 of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin for each day that expires after the time specified in Paragraph 4,01 above for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5—CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01,A, 5.01.B, and 5,01 C below: A. Work Unit A,Bid Sum, a sum of: $4,031,771.66 B. Work Unit B,Bid Sum, a sum of. $3,262,262.77 C. Alternate Bl, Bid Sum, a sum of. $ 30,000.00 Total Amount of Contract, a sum of: $7,324,034_.43 The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions and associated Contract Documents estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9,07 of the General Conditions and associated Contract Documents. FJCDC C-524 Suggested Form of Agreement Between Owner and Contraclor for Construction Contract(Stipulated Price) Copyright©2407 National Soclety of Professional Engineers for EJCDC.All rights reserved. Page 2 of 8 ARTICLE 6—PAYMENT PROCEDURES 6,01 Strbrniittal and Processing ofPayrnertts A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions and per the City of Oshkosh Schedule of Payment Applications. 6,02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment approximately every four weeks based on the schedule provided at the Preconstruction Conference during performance of the Work as provided in Paragraph 6.02.A.I below, All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions. a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 97.5 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.13.5 of the General Conditions and less the Engineer's estimate of the value of Work to be completed or corrected as shown ori the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7—INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of I%per month. EXI)C C-520 suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright O 2007 rational Society of Professional Engineers for EdCDC.All rights reserved, Page 3 of 8 ARTICLE 8 —CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-4,06 of the Supplementary Conditions as containing reliable"technical data." E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. L The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. EJCDC C-520 Suggested toren of Agreement BOween Owner and Contractor for Construction Contract(Stipulated Price) Copyright D 2007 National Soclety of Professional Engineers for EJCDC.All rights resenwed. Page 4 of 8 ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages 1 to 8, inclusive). 2. Performance bond(pages 00610-1 to 00610-3, inclusive). 3. Payment bond(pages 00615-1 to 00615-3,inclusive). 4. Certificate of Insurance (Contractors Insurance with Property Insurance Requirements List AECOM Technical Services and CH2M Hill Inc. as additional insured). 5. Supplementary Conditions (pages 00800-1 and 00810-1 to 00800-18, inclusive). 6. General Conditions (pages 00700- i to iv and 00700-1 to 00700-62, inclusive). 7. Addenda(numbers 1 to 2, inclusive). 8. Specifications as listed in the table of contents of the Project Manual. 9. Drawings consisting of 86 sheets with each sheet bearing the following general title: Contract 16-03 Snell Road West„Lift Station and Interceptor Sewer. 10. Exhibits to this Agreement(enumerated as follows): a. Contractor's Bid (pages I to 12, inclusive). b. Documentation submitted by Contractor prior to Notice of Award (pages 1 to 9, inclusive). 11. The following which may be delivered or issued on or after the Effective Date of the Agreement will govern over the component parts listed above, and are not attached hereto; a. Notice to Proceed (pages 00550-1 to 00550-2, inclusive). b. Work Change Directives. c. Change Orders, The Contract documents are complementary; what is required by one is as binding if required by all. In the event that any provision in any of the above component parts of this contract 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 with follows it numerically except as may be otherwise specifically stated. A. There are no Contract Documents other than those listed above in this Article 9. EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copyright p 2007 National Society of Professional Engineers for EJCDC.All rights reserved. Page 5 of 8 B. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE IO--MISCELLANEOUS 10.01 Tel-Ills A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor's Ceriifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract(Stipulated Price) Copy right Q 2007 National Society of Professional Engineers for EJCDC.All rights reserved, Page 6 of 8 establish Bid or Contract prices at artificial non-competitive levels, or(c) to deprive Owner of the benefits of fi•ee and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive Ievels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly,persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Nose EJCDC C-520 Suggested Form of Agreement Between owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 Rational Socicky of Professional Engineers for EJCDC.All rights reserved. Page 7 of 8 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf. This Agreement will be effective on March 10,2016 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: City of Oshkosh PTS, Contractors, Inc. By: „... By: -22n C&A A�r-e Title: dark A. Rohl off, City Manager Title: Vice-President (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign. Attest*. �L = L 'i ' Attest: Title: Pamela R. Ubrig, ty Clerk Title: Corporate Secretary Address for giving notices: PTS Contractors, Inc. Attest: 4075 Eaton Road Title: Trena Larson, Dir. of Finance Green Bay, WT 54311 ` License No.: 224743 (Where applicable) NOTE TO USER; Use in those states or other jurisdictions inhere applicable or required. J - Agent for service of process: Attest: Title: Lynn Lorenson, City Attorney Mark C. Schleis FACDC C-520 Suggested Form of Agreement Between owner and Contractor for Construction Contract(Stipulated Price) Copyright©2007 National society of Professional Engineers for F--CDC.All rights reserved. Page 8 0178 a=z�I :��Y=.;:.-.........r,{...... PERFORMANCE BOND CONTRACTOR (runic and address): SURETY(naive attd arl(lt•ess of prlticip ti place of busit:ess): PTS CONTRACTORS, INC. MERCHANTS BONDING COMPANY(MUTUAL) 4075 Eaton Road, 6700 Westown Parkway Green Bay,WI,54311 West Des Moines, IA 50266 OWNER(natrte and address); CITY OF OSHKOSH 215 Church Avenue Oshkosh,WI 54903 CONSTRUCTION CONTRACT 6f-fective Date of the Agreement: 3110/16 Amount,Seven Million Three Hundred Twenty Four Thousand Thirty Four and 431140 Dollars ($7,324,034.43) Description (nanre and location): City Contract 16.03: Snell Road West Lift Station &Interceptor Sewer,Oshkosh,WI BOND Bond Number: WIC 55953 Date (trot earlier titan the RJfective Date of the Agreeuzent of the Comimetion Coxtrnct):3110/16 Amount: Seven Million Three Hundred Twenty Four Thousand Thirty Four and 43/100 Dollars($7,324,034.43) Aiddifications to this Bond Fomr: [-x] None See Paragraph 16 E .♦.M•+,4i!'/Av.vin:s(.(lfns•.5vsvnivxSS%'•45;svAv.4SSti5ntS:1':h!'H-'n55h':AYnv-stwlAvvfvv+.n::vA-::+.SS;LS::Sv.S•�v++.v:ntS4vf.}its'.s-.n5-::::I.SisS%%W.SznswnvAvtx2:x•+.ix!!s5vt•M++.nnv-vn'Ann•nvA-1r.vxNiv/:.snv.vm E ' r Sul-ety add-Co>!itfaotor,intending to be iegafly bound hereby,subject to the terns set forth below,do each cause this. Performakt, Bond to be duly executed by an audiorized officer,agent,or representative. WNX'RAC'TOR AS PRINCIPAL SURETY ,PTS CONTRACTOR ING... T (seryl) MERCHANTS BONDING COMPANY(MUTUA!,I ••, ,�(seal) Con"etor`s Natlle and Corporate Seal Soret.y's Name and Corporate Seal Signature Signature(attach power of altomvy) Mark C. Schleis Roxanne Jensen Print Name - � Ptynt Nanle Vice--Presid t Attorney-in-Fact _ Title _ Title Attest: Signattne Sign titre C0i'',por4te Secretary Witness Tile 'T'itle E , ,Natgs;t(l) 'rnvitle srtpple,taarttttl e-vecation by any additional pat ies,such as joint venwrers, (2)Atte singular referetree to 0,11trucf0r,sarc'tV" ()wrier, fir ocher prtt�y shall be considered plural where al,lrlieable, �1���LL� t:•7CilC C-G30-•lycrParmenre IDo»�t Puhlished Deeember 20J 0 by the DocunwTAN['mnmtltee. Page I of 3 r r I. 'lite Contractor told Surety, Jointly and severally, bind the Contract Price hicutivd by the Owner as a result of the thennsolves, their heirs, executors, administrators, successors, and Contractor Do atilt;or assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 5.4 Walve its right to perform and cornplelc, arrange for completion, or obtain a now contractor, and with masonabfe 2. if the Conk'aotor perforins the Construction Contract,the Surely promptness under the cirownstances: and the Contractor shall have no obligation wider this Bond, except when applicable to pmiicipate in a conference as provided in 5.4.1 After investigation, determine the amount for Paragraph 3. Which it tray be liable to Abe Owner ;ntd, as snort as practicable a fter the atnotutt is detetinined,make pay stent to 3. if there is no Owner Default under the Construction Contract,Lite the Owner,or Surety's obligation under this Bond shall arise after; 5.4.2 Deny liability in whole or in part and notify tate 3.1 'llro Owner first provides notice to the Contractor and Owner,citing the reasons for denial. Atte Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is 0, 1'f the Surety does not proceed as provided in Paragraph 5 with mquesf ing a conference among lite Owner,Contractor,and Surety reasonable promptness,the Surety shal l be deemed to be in default on to discuss the Contractor's performance. If Ole Owner does not this Bond seven days alter receipt of an additional written notice frau request a conference, the Surety may, within five (5) business the Olvner to the Surety demanding that the Surety perform its days alter receipt of the Owner's notice, request such a obligations under this Bond,and the O%Niier shall be entitled to enforce coiiference. If the Surety tinielyregnests a canference,tine Osvner any remedy available to the Owner. f the Surety proceeds as provided shall attend. Unless the Owner agrees otheiNvise,any conference in Paragraph 5.4,and the Owner refuses the payment or the Surety has requested under this Paragraph 3.1 shall be hold within tell (10) denied liability,in whole or in part,without further notice the Owner business days of the Surety's receipt of the Owner's notice. If the shall be entifled to enforce any remedy available to the Owner. Owner,lite Contractor,and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction 7. if the Surety elects to act under Paragraph 5.1, 5.2, or 5.3,then Contract, but 611CIL win agreement shall not waive elle Owner's the responsibilitios of the Surety to the Owner shall not be greater then right,ifally,subsequently to declare a Contractor Default; those of the Cotltnmtor under the Construction Contract, and the .responsibilities of the Owner to the Surety shall not be greater than 3.2 The Owner declares a Conowtor Default, terminates those of the Owner under the Construction Contract. Subject to the the Construction Contract and notifies the Surcty;and commitment by the Owner to pay the Balance of the Contmct Price, the Surely is obligated,without duplication for: 3,3 'Ilse Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction 7.1 the msponsibilities of the Contractor for correction of Contract to the Surety or to a contractor selected to perforin the defective work and completion of the Construction Contract; Construction Contract. 7.2 additional legal, design professional, acid May costs ,l. Failure on the part of the Owner to comply with the notice resulting from the Contractor's Default, and resulting from the requirement in Paragraph 3.1 shall not constitute a failure to comply actions or failure to act of tine Surety wider Paragraph 5;and with a condition precedent to the Surety's obligations, or rden,so Atte Surety from its obligations, except to the extent the Surety 7.3 liquidated damages, or if no liquidated damages are demonstrates actual prejudice, specified in the Construction Contract,actual dainages caused by delayed performance or non-performance of tine Contractor. 5. When the(Avner has satisfied the conditions of Paragraph 3,the Surety shall promptly and at. the Surety's expense take one of the g. If clue Surety elects to act ttndcr 1'ar-agralih 5.1, 5.3, or 5.4, the following actions: Surety's liability is hmited to the amount of this Bond. s.,1 AiTmige for Alto Contmotor, with 1110 consent of (he g, The Surety shall not be liable to the Owner or others for Owner,to pelfonn and coinplete the Construction Contract; obligations of t11e ConWictor that are unrelated to the Construction Contract,and the Dalanco of the Contract Piico shall not be.redueixl or 5,2 Undertake to perforin and complete the ConstrucEian set off on aecouut of any such unrelalcd obligationfi. No right of Contract itself,through its agents or independent contractors; action shall accrue on this Bond to any person or entity outer than file Owner or its heirs,executors,administrators,s u"essors,and assigns. 5.3 Obtain bits or negotiated prOpasals f oinl qualified contractors acceptable to the Owner far a Contract for 10. The Surety hereby waives notice of any change, including pe,rf0l7llDllce a11d compietloil of tale Construction Contract, changes of time, to (lie Consfriietion Contract or to related arrange lbr a eontmet to be prepared for execution by the Owner subcontracts,purchase orders,and other obligations. and a contractor selected with the Owners. concurrence, to be secured with performance attd paylllent bonds executed by 11 11. Ally proceeding, legal or equitable, under this Bird may be qualified surety cquivalent to the bonds issued on the instituted in any court of competent jurisdiction in the location int Construction Contract, and pay to the Owtrer rte amount of which the work or part of the work is located mid shtill be instituted damages as described in Paragraph 7 in excess of tine Balance of within two years after a declarntion of Contractor IDefault or within ^— �J:JCl1C C-Citi- Bond 1'eUiist,er[Deccnrbar2fi;lo bytito Lnghleers Joint Contr^aet Docuunentr 4 1millifteo. Page 2 03 -- two )gars after tfie Contractor ceased working or \Atkin two yeah 14.2 Constntetion Contract: The agreement between the alter tate Surety refuses or tails to perfoun its obligations tutdcr this ©k%mer and Contractor identified on the cover page,including all Bond,whichever occurs first. If the provisions of this paragraph are Contract Documents and changes made to the agreement and(lie void or l)rohibited by law, the mlntiln periods of limitations Contract Docuiltetrts. available to sureties as a defense in the jurisdiction of the snit shall be applicable. 14.3 Contractor Default:rallure of tate Contractor,which has not been remedied or waived,to perforin or otheiNvise to comply 12. Notice to the Surety,(lie(honer,or the Contractor shall be inaited with a material term of the Construction Contmcc or delivered to ilio address shown oft the page on which their signaturo appeus. 14.4 Owner Default: Failure of the Owner,which has not been reinedied or Nvaived,to pay the Contractor as required under 13. When this Bond has been furnished to comply with a statutory or the Construction Contract or to perforin and complete or comply other legal requirement In the location.where the construcdon was to with the other material terms of the Construction Contract. be performed, any provision ill this Bond conflicting with said statutory or legal requhLutent shall be dcemcd deleted lierefrom and 14.5 Contract Documents:All the dooumanls that comprlse provisions conforming to such statutory, or other legal requirement the agreement between the Owner and Contraetor, shall be deeined incoiliorated Herein. When so furnished,the intent is that Us Bond shall be construed as a statutory bond and not as a 15. If tins Bond is issued for an agiuntent between a contractor and cominon law bond, subwntractor,the term Contractor in this Bond shall be deemed to he Subcontractor and the term Owner shall lie deemed to be Contractor. 14, Definitions 16. Madifications to this Bond areas follows: 14.1 Balalnco of the Contract Priw:Ilie total amount payable by the Owner to the Contractor under the Constriction Contract after all proper adjustments have been made including allowance for the Contractor for any,amounts received or to be received by the Owner hi settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper-payments made to or on behalfof the Contractor under the Construction Contract. Published Doeernlrer 2010 by Elie lrngtneers Jwnt Conincet I)neunients CnnlinMee. l lze Fi ......•,>....,..< <... ..... PAYMENT BOND CONTRACTOR(nanre and address): SURETY(name and address of pi ncipal place of business): PTS CONTRACTORS, INC. MERCHANTS BONDING COMPANY(MUTUAL) 4075 Eaton Road, 6700 Westown Parkwa Green Bay, WI,54311 West Des Moines, IA 50266 CITY OF OSHKOSH OWNER(name and address): 215 Church Avenue,Oshkosh,WI 54903 CONSTRUCTION CONTRACT Effective Date of the Agreement:3/10116 Amount: Seven Million Three Hundred Twenty Four Thousand Thfrty Four and 431100 Dollars ($7,324,034.43) Description(name and location): City Contract 16-03: Snell Road West Lift Station& Interceptor Sewer,Oshkosh,WI BOND Bond Number: WIC 55953 Date(nof earlier than(]re Fffech've Date of the Agreement orme Consmiction Conttrrcf):3110/16 Amount: Seven Million Three Hundred Twenty Four Thousand Thirty Four and 431100 Dollars($7,324,034.43) Modifications to this Bond Bonn: [:X] None [] See Paragrapli 18 Sud p#sikjd Contractor, intending to be legally bound hereby,subject to fire terms set forth below, do eacli cause .t�is Payment Bond to be duly executed by an authorized officer, agent, ox representative, QONTP;'ACTOR AS PRINCIPAL SURETY PTS CONTRACTORS, INC. _T (seal) MERCHANTS BONDING COMPANY(MUTUAL) (seal) Coltttjt,,(oes 1441ne mrd Cotperatc Seal Surety's Nance and Corporate Seal I3,r l� By. Signature Signature(aftereh power of alformn y) Mark C. Schleis Roxanne Jensen Print Name Print Nance �..... . Vice–President: � Attorney-in-Fact Title TWO 7 �v Attest: - Signature Signature ,. Cor,po,.ate Secretary Witness TitSe' r Title 1, 114ttc:+s {I)'.Prr1 v le sryrlVenretttal eLectttimi by my addifional parties,stick us joint veidarers, (2)Any singular rej4renev fg t;otttra0dr,,�itrely, hurter, or other party sl:all be comirleredplurul where ttpplicable, 611.5,Payment hoed ' �'")�I }'uttlished Decemhor21111 if hy.ftu�l.nghtcers.Tulitt farols•ifct 1Jrrttmtrnls C.'ntutniltea. _�_'-t - - ---- - — Pago 1 o0 7. When a Claimant ilas satisfied the conditions of Paragraph 1. 'flee Contractor and Surety, jointly and severally, hind 5.1 or 5.2, whichever is applicable, the Surety shall thoniselves, their heirs, executors, administrators, ptninptly and at the Surety's expense take Ute following successors, and assigns to the Owner to pay for labor, actions: materials, find equipment f lmished for use in the perfotinfntco of the Construction Contract, which is 7.1 Send art answer to the Claiularlt,with a copy to the incorporated herein by reference, subject to the following Owner, within sixty(60) days after receipt of(lie terlus• Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are 2. Tf the Con(tactor promptly makes payrment of all stuffs title disputed;and to Claimants,and defends,indene nifcs,told holds hatinless the Otvllcr front claims, demands, liens, or suits by any 7.2 Pay or arrange for payment of oily undisputed person or entity seeking payment for labor, materials, or amounts, equipment furnished for use in the performance of the Constmetion Contract, then the Surety and the Contractor 7.3 'lute Surety's failure to discharge its obligations sltall have no obligation under(Itis Bond. under Paragraph 7,1 or 7.2 shall not be deemed to constitu(e a Nvaiver of defenses the Surety or 3, if there is no Owner Default under the Construction Contractor may have or acquire its to a Claim, Contract, the Surety's obligation to the O%v ner tinder this except as to undisputed arnounts for which ilia Bond shall arise after the Owner has promptly notified the Surety olid Claitliant have wached agreement. If, Contractor olid €Ile Surety (at the address described ill however, the Surety fails to discharge its Paragraph 13)of clalms,demands,liens,or snits against the obligations under Paragraph 7.1 or 7.2, the Surety (honer or (he Owner's property by any person or entity shall indemnify the Claimant for the reasonable seeking payment for labor, materials, or equipment attorney's fees the Claimant incurs thereafter to furnished for use In llle performance of the Construction recover tuiy sunns found to be due and owing to Ute Contract, and tendered defense of such claims, demands, Claimant, liens,or suits to the Contractor and the Surety. S. 'lite Surety's total obligation shall not exceed elle amount of 4. Wlreu the Owner ha_s satisfied the conditions in Paragraph tris Bond, plus tic amount of reasonable attorney's fens 3, Ute Surety shall promptly and at the Surety's expense provided under Paragraph 7.3,and trite atuount of this Bond defend, inderinjify, and hold harmless the Owner agabist a shall be credited for ally payments made in good faith by duly tendered claim,demand,lien,or slut, the Surety. 5. T'lte Surety's obligations to a Claimant under this Bond 9. Amounts owed by the (htnher to the Contractor undiz the shall Luise after the following: Constlahetion Contract shall be used for the performance of the Construction Contract and to satisfy clainhs, if arty, 5.1 Clitinwilts who do not have a direct contract with under any construction perfornanec bond. 13y Ute the Contractor, Contractor funlishiug and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the 5.1.1 have furnished a written notice of non- perfoiniance of file Constmetion Contract are dedicated to payment to the Contractor, stating with satisfy obligations of the Contractor and Surety under this substantial accuracy the amount claimed Bond,subject to Ute Otvtter's priority to use elle futids for acrd tae narrie of the party to whom the the completion of tic work. materif0s were, or equipment was, furnished or stipplied or for whoin the 10, The Surety slitdl not be liable to the Owner,Clairnants,or labor was done or perfumed,witltitl ninety others for obligations of the Contractor that are unrelated to (90)days after having last performed labor the Construction Contnic(. The (hvner shalt trot be liable or last frlmished materials or equipment for the payincnt of ally costs or expenses of any Claimant included in the Claim;and under this Bond, and shall have tinder Itis Bond no obligation to make payments to or give notice on behalf of 5.1.2 have sent a Claim to the Surety (rat the Claimants, or otherwise have any obligations to Claimants addm%s described in Paragraph 13), under this Bond. S.2 Claimants who are employed by or have a dimct 11, the Surety hereby waives notice of any change, including contract with Ulf; Contractor have sent a Claitn to eliamges of time,to the Construction Contract or to related the Surety (at tie address described in Paragraph subcontracts,purchase orders,and other obligrrtious. 13). 12. No shit or action shall be collnnleliced by it Claimant tinder 6. If a notice of molt-pnyinent required by Paragntplh 5.1.1 is (his Bond other than in a court of competent jurisdiction ill given by rte Owner to the Contractor, that is sufficient to lite state iu which the project Ulat is the subject of the stttialy a Glattrliult's ONigfltiolt to fuinnsh 11 wrltteln notice of Construction C,onlrW is located or after the expirntion of non-payinwit under Paragraph 5.1.1. one year from (hc dute (1) on which the Clairuant sent a Claim to the Surety pursuant to Paragraph 5.1.2 or 5 2,or __.__._�.�..�.�..�.__......_.._____.___......_.,�,..�.__....._.__..T rOcr)c.osis,r:ryntejltBand Nbtrsbed Doecrabrr2010 by the Engineers.Joint Conttncf Dacamont4 Cnwinjitte, Pogo 2 of (2) on which the last labor or service was performed by shall be to include witiout limitation in the tenns of anyone or the hist inafteria►ls or equipment were fur)ished "labor, materials, or c.quipilient" that part of the by anyone under ills Construction Contract, whichever of water, gas, power, Jight, heat, oil, gasoline, (1) or(2) first occurs. If the provisions of this paragraph telephone service,or rental equipment used ill tae are void or prohibited by law, the rninin.u))l period of Construction Contract, architectural and limitation available to sureties as a defense in the engineering services require(. for perfonnance of jurisdiction of tie suit sliall lie applicable, the work of the Contractor auld lie Contractor's subcontractors, and all obex items for which a 13. Notice and Claims to the Surcty, the Owner, or the mechanic's lien may be asserted in fire jurisdiction Contractor shall be mailed or delivered to tine address where the labor, materials, or cquip)mirt were shown ora the page on which their sigea(viv appears. furnished. Actual receipt of notice or Claims,however accomplished, shall be sufficient compliance as of the chafe received. 16.3 Construction Contract, The agreement between the Owner and Contractor ldentif.ed on the cover 14, When this Bond has beery furnished to comply with a page, ineluding all Contract Documents and all statutory or other legal requirement in tie location where changes made to tie agreenleut and the Contract the construction was to be perforined,any provision in this Documents. Dond conflicting with.said statutory or legal requirement shall be deemed deleted licref]•om and provisions I6.4 Owner Default: Failure of[tic Owner,whlcli has conforming to such statutory or other legal requirement not been reniedied or waived,to pay the Contractor shall be deemed incorporates{lzerciri. When so filrnislied, as required under the Constriction Contract or to (tic intent is that this Bond shall be construed as a statutory perforin arid. complete or comply with the other bond and not as a conunon law boad. Mmierial terms of tine Construction Contract, 15. Upon requests by any person or entity appearing to be a 16.5 Contract Documents: All the documents that potential berlefic€ary of this Bond, the Contractor and comprise the agreeaicnt betwwri tine Owner and (hvner shall promptly furnish a copy of this Bond or shall Contractor. peanut a copy to be made. 17. If this Bond is issued for an agreement between a 16. Definitions contractor and subcontractor, the tern) Contractor in this Bond sliall be deemed to be Subcontractor and the term 16.l Claire: A written statement by the Claimant Owner shall be denined to be Contractor. including at a nibumuiu: 18,Modifications to this Bond arc as follows: 1. 'file name of(lie Claimant; 2. 'the na)ne of the Verson for vilioni the labor was done,or inaterials or egllipinent furnished; 3. A copy of the agreement or pun;hose order pursuant to which labor, inaterials, or equipment was furiiished for use in the perfonnance of the Construction Contraot; 4. A brief description of the labor, materials, or equipment furnished; 5. The ditto oil wl.ieh the Claimant last perforated labor or last f.irnlshed inaterials or equipment for use in the performance of tine Comstivciion Contracl; 6. ')lie total tanounl carred by the Clalinwit for labor,materials,or equipment furnished as of the(late of the Claini; 7. 'llie total amount of previous payments received by the Claimant;and 8. 'file total aniount due and unpaid. to the Claimant for labor, ruateiials, or equipment flina€shcd as of tic date of tic Clad m. 16.2 Clainiaant; Air individual or entity having it direct contract with the Contractor or with a subcontractor of the Contractor to funlisli labor, n.ateiials, or equipment for use in the performance of the Construction Contract. 'file terni Claimant also includes any individual or entity that has righlfully asserted it claim under an applicable rncchnliie's lien or sirnJhir statnite against the refill prope)ty 01)(511 which the Project is located.`Ilse intent of this Bold FJC DC 04615,Payment nand Published December 20)Q by the r:ahgtncetx.lotr)t contract Documents Commiftee. _ _� fogy 3 of,3 _w — MERCHANTS BONDING COMPANY,y POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations of the State of Iowa(horein collectively called the"Companies")do hereby make,constitute and appoint, individually, Brian Krause; Christopher K Hovden; Jeffrey R Messinger; Kelly Cody; Roxanne Jensen; Trudy A Szalewski the€r true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof,subject to the limitation that any such instrument shail not exceed the amount of. FIFTEEN MILLION($15,000,000.00)DOLLARS This Power-of-Attorney is granted and Is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognixances,contracts of Indemnity and other writings obligatory In the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-fn-Fact Includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State ofFlodda Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of Its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,It is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modlfled or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 13th day of January 2016 ... .to G'•'• MERCHANTS BONDING COMPANY(MUTUAL) P-(1.. . ''a, ••��1N �QijjA.• MERCHANTS NATIONAL BONDING,INC. er'...���.°o. •��oyoRpoyq�9y�: 6 1933 ;c: ��• 2073 .."C) .yam, .�:• sy to STATE OF IOWA r•*�'a,r„Yraj1ti4t.t COUNTY OF Dallas ss. President On this 13th day of January , 2016 before me appeared Larry Taylor,to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. A�,ainc� YIENDY 4'100DY z �; 7 Co My C5olmmissloneExciires4 June 20, 2017 NotaryPu6lr , Coun'?lowa (Expiration of notays commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL.BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this/6'11day of`1h} ilgc1'-, ;�'4 10 144! 'rte. •• P' ��,p•. �,/ �/ •,G t• i •ti,�+ rn; _p_ ;� _o_ at c � 3' Secretary 1933 � =�'�1 2 Gi?3 • `� : ti. '+Jr,"/+11x1,„1 i11 11 POA 0014 (6115) PTSCONT-01 SUVARNAL ,4cvlRor CERTIFICATE OF LIABILITY INSURANCE DATDIYYYY) �—� 3111 1112v2a1 s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONNAME., Willis Towers Watson Certificate Center Willis of Wisconsin,Inc. PHONE—. /877 945-7378 FAX Wo 26 Century Blvd AIC No Ext);l ) Arc He: (888)467-2378 P.O.Box 30591 E-MAIL ss:cerkiflcates@wlliis.com Nashville,TN 37230-5191 INSURER($)AFFORDING COVERAGE NAIL0 INSURERA:BITCO General Insurance Corporation 20095 INSURED INSURER B:Hanover Insurance Company 22292 PTS Contractors,Inc. INSURER Q. 4075 Eaton Road INSURER D: Green Bay,WI 54311 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSD ADDL SWVD POLICY NUMBER MMIUER UDYEFF POLICY MS DIYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 1XIOCCUR X X CLP 3 62313$ 07/10/2015 07/10/2016 PAMAGE TO RENTED-- REMISES Ea occurrence)- 300,000 MED EXP(Any one person) 10,000 PERSONAL$ADV INJURY 1 $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: T GENERAL AGGREGATE $ 2,000,000 POLICY I X1 JERCOT LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ - AUTOMOBILE LIABILITY COMBINED SWGLE LIMIT Ea accident S 1,000,000 A X ANY AUTO CAP 3 623 139 07/1012015 07/1012016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY{Per accident} $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 8,000,000 A EXCESS LIAB CLAIMS-MADE CUP 2 805 529 07/10/2015 07/10/2016 AGGREGATE g 81000,000 DED I X I RETENTION$ 10,000 TH- WORKERS COMPENSATION _X S ATUT6 VER AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNERlEXECUTIVE YIN 3 623 137 07/1012015 07/1012016 E.L.EACH ACCIDENT $ 100,000 OFFICERIMEMBEREXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 100,000 li yes.describa under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LUAIT $ 500,000 B Builders Risk IH7 A868061 00 03/21/2016 03/21/2017 See Attached DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additlonal Remarks Schedule,may be attached if more space Is required) THIS CERTIFICATE VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED:31912016. Commercial General Liability includes Utility Contractors Extended Liability Coverage Endorsement GL-3085 09 11 which provides contractors Automatic Additional Insured coverage-Ongoing and Completed Operations-Primary and Non-contributory when required by a written contract and Automatic Waiver of Subrogation when required by a written contract executed prior to loss. Business Auto policy includes Additional Insured Endorsement A2931 1199 any person or organization agreed by the Named Insured by written insured contract is an Additional Insured. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Oshkosh �t 215 Church Avenue Oshkosh W154903-1130 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:PTSCONT-01 SUVARNAL T LOC#: 1 Ak V® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMEDINSURED Willis of Wisconsin, Inc. PTS Contractors,Inc. — 4075 Eaton Road POLICY NUMBER Green Bay,WI 54311 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE: SEEPAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certlficate of Liability Insurance Description of Operatio ns/LocationsNehlcles: Umbrel]aExcess Policy includes Changes-Other Insurance-Additional Insureds endorsement CUP 0316 01 11 -(Primary and Non-contributory Additional Insured when agreed in a written contract or written agreement executed prior to loss). Re: Contract#16-03-Snell Road West Lift Station & Interceptor Sewer City of Oshkosh; its officers, council members, agents,employees or authorized volunteers; AECOM Technical Services; CH2M Hill Inc.; and consultants, architects,architect consultants, engineers,engineer consultants,contractors,and subcontractors are named as Additional Insureds on a Primary basis to the Commercial General Liability per attached GL-3085 0911 when required by written contract. Waiver of Subrogation in favor of the Additional Insureds applies to the Commercial General Liability per attached GL-3085 0911 when required by written contract. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGE SCHEDULE COVERAGE LIMITS POLICY TYPE: Builder's Risk—Snell Rd, Oshkosh CARRIER: Hanover Insurance Company Limit: 8,000,000IJob Site; $2,500 Ded. POLICY TERM: 3/21/2016—3/21/2017 POLICY NUMBER: IH1 A868061 00 POLICY TYPE: Installation Floater Limit at any one location: $200,000 CARRIER: Hanover Insurance Company Limit per disaster: $400,000 POLICY TERM: 7/1012015--7/1 01201 6 Limit at temporary location: $200,000 POLICY NUMBER: I1-11 9191325-04 Transit limit: $200,000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTILITY CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 11 Is agreed that the provisions listed Move apply only upon the entry of an 0 in the box next to the caption of such provision. ' A. ®Partnership and Joint Venture Extension M.0 Construction Project General Aggregate Limits B, []X Contractors Automatic Additional Insured N. ®Fellow Employee Coverage Coverage—Ongoing Operations 0. Property Damage to the Named Insureds Work C. L^_.1 Automatic Waiver of Subrogation P. Care,Custody or Control D. 0 E=xtended Notice of Cancellation,Nonrenewal Q. Q Electronic Data Liability Coverage F. Q Unintentional Failure to Disclose Hazards R. []Consolidated Insurance Program Residual F. Q Broadened Mobile Equipment Liability Coverage G.Q Personal and Advertising Injury-Contractual S. FX_J Automatic Additlonal Insureds—Managers or Coverage Lessors of Premisas H_ Q Nonemploymenf Discrimination T. 0 Automatic Additional Insureds—State or Governmental Agency or Political I. Liquor Liability subdivisions—Permits or Authorizations J. 0 Broadened Conditions U. Contractors Automatic Additional Insured Coverage—Completed Operations K. M Automatic Additional Insureds—Equipment Leases V. FX Addil€onal Insured—Engineers, Archlteols or Surveyors L. [E Insured Contract Extension-Railroad Property and Construction Contracts A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provlslon Is added to SECTION fl-WHO IS AN INSURES}: The Iasi full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that Is not shown as a Named Insured in the Declaratlons. Is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured In the Declarations and of which you are or were a partner or member,you are an Insured, but only with respect to IEab€ilty arising out of'your work'on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability GL-3085(091111 -1- Insurance IS available to you for'your work"In connection with your interest In such partnership or Joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—ONGOING OPERATIONS SECTION if—WHO IS AN INSURED Is amended to include as an additional Insured any person or organization who is required by written contract to be an additional Insured on your policy,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 proJect(s)designated in the written contract. With respect to the insurance afforded to these additional insureds,the iolloWng additional exclusions apply; This insurance does not apply to'bodily injury'or'property damage'occurring after. 1. All work,Including materials, parts Or equipment fum€shod 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 wore out of which the Injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor angagod in performing operations for a principal as a part of the same project. This Insurance is excess of all other Insurance available to the additional Insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this Insurance to be primary. In that event,this insuranco will be primary relative 10 Insurance policy(s)which designate the additional insured as a gamed Insured in the Declarations and we will not req ulre contrlbullon from such Insurance If the written contract also requires that this insurance be non-contributory. but with respect to all other insurance under which the additional Insurod qualifies as an Insured or additional Insurod,this Insurance will be excoss. C. AUTOMATIC WAIVER OF SUBROGATION Item 8.of SECTION N-COMMERCIAL GENERAL LIABILITY CONDITIONS,Is deleted and replaced with the following: 8. Transfer of Rights of Recovery Againat Others to Us and Automatic Waiver of Subrogation. a. li the Insured has rights to recover all or part of any payment we have made under this Coverage Form,those rights are transferred to us, 'Cha Insured must do nothing after Joss to impair those rights. At our request,the Insured will bring'suit'or transfer those rights to us and help us enforce them. b. If raqu)red by a written contract executed prior to loss,we waive any right of recovery Nye may have against any person or Organization because of payments we make for injury or damage arlsing out of'your work'for that person or organization. D. EXTENDED NOTICE OF CANCELLATION,NONRENEWAL item A.2,b.of the COMMON POLICY CONDITIONS,Is deleted and replaced with the following: A.2.b. 60 days before ilia effective date of the cancellation if we cancel for any other reason. GL-3085(00/11) -2- Item 9.of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS,is deleted and replaced with the following: 9. - WHEN WE DO NOT RENEW a. If we choose to nonranew this policy,we will mall or deliver to the lust Named Insured shovdn In the Declarations written notice of the nonrenewal not less than 60 days before the expiration data. b. If we do not give notice of our intent to nonranew as prescribed in a.above,It Is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from Its scheduled expiration date. Where not otherwise prohlblted by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it Is not otherwise prohibited by law,this one time sixty day extension Is the sale remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9.a,above. E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards,if unintentionally you should fail to disclose all such hazards at the inception date of your policy,we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b.of SECTION V-DEFINITIONS,Is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to promises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL COVERAGE Exclusion 2.e,of SECTION I,COVERAGE B is deleted. H. NONEMPLOYMENT DISCRIMINATION Unless'personal and advertising injury°is excluded from this policy: Item 14.of SECTION V-DEFINITIONS,Is amended to include: 'Personal and advertising Injury' also means embarrassment or humiliation, mental or emotional distress, physical illness, physical Impairment, loss of earning capacity or monetary loss,which Is caused by'discrimination.' SECTION V-DEFINITIONS,Is amended to Inolude: 'Discrimination'means the unlawful treatment of Individuals based on race,color,ethnic origin,age, gender or religion. Item 2.Exclusions of SECTION I,COVERAGE B,is amended to include: 'Personal and advertisfng Injury' arising out of'discrimination' directly or Indirectly related to the past employment,employment or prospective employment of any parson or class of persons by any Insured; 'Personal and advertising injury' a&fng out of'discrimination' by or at your,your agents or your 'amployees'direction or ,with your,your agents or your'emplcyees'knowledge or Consent; OL-3085(09111) -3- 'Personal and advertising injury u arlsing out of 'discriminallon'directly or indirectly related to the sale, rental, lease or sub-€ease or prospective safe, rental, lease or sub-lease of any dwelling, permanent lodging or promises by oral the direction of any insured;or Fines,penalties,specific performance or Injunctions levied or imposed by a governmental entity,or governmental code,law,or statute because of"discrimination.' I. LIQUOR LIABILITY Exoluslon 2.c.of SECTION I,COVERAGE A,is delated. J. BROADENED CONDITIONS Items 2.a.and 2.6.of SECTION FV-COMI ERCIAL GENERAL LIABILITY CONDITIONS,are deleted and replaced with the following: 2. Dutles In The Event Of Occurrenes,Offense,Claim Or Suit: a. You must see to it that we are nettled of an'occurrence'or an offense which may result In a claim as soon as practicable after the 'occurrence' has been reported to you,one of your officers or an'employee'designated to give notice to us. Notice should Include: (1) How,when and where the"occurrence'or offense took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the 'occurrence' or offense. b. If a claim is made or`salt'Is brought against any Insured,you must: (1) Record the specifics of the claim or'suit'and the date received as soon as you,one of your officers,or an'employee'designated to record such Information Is nnt'ified of it;and (2) notify us in writing as soon as practicable after you, one of your officers, your legal department or an'employee'you designate to give us such notice looms of the claims or'su€1.' Item 2.a.Is added to SECTION 1V-COMMERCIAL GENERAL LIABILITY CONDITIONS: 2.e. If you report an'occurrence'to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Fort,failure to report such'occurrence'to us at the time of'occurrenca'shall not be deemed In violation of paragraphs 2.a.,2.b.,and 2.c. However,you shall give written nolloo of this'occurrence'to us as soon as you are made aware of the fact that this 'occurrence' may be a liability claim rather than a workers compensation claim. K. AUTOMATIC ADDMONAL INSUREDS-EQUIPMENT LEASES SECTION 11-WHO IS AN INSURED Is amended to Incfudo any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for'bodily Injury','property damage'or'personal and advarilsing Injury'caused,at least In part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization,subject to the following additlonal exclus€ons. The insurance provided to the additional insured does not apply to: 1. 'Bodily injury'or'property damage'occurring after you cease leasing the equipment. GL-3085(0911 f) .q- 2. 'Bodily injury'or*property damage"arising out of the sole negligence of the additional insured. 3. 'Property damage'to: a. Property owned,used or occupied by or rented to the additional Insured;or b. Property in the care,custody or control of the additional Insured or over which the additional Insured Is for any purpose exercising physical control. This insurance is excess of all other Insurance available to the additional Insured,whether primary, excess, contingent or on any other basis, unless the writtan contract requires this insurance to be primary. In that event,chis insurance will be primary re€ailve to insurance polioy(s)which designate the additional Insured as a Named Insured in the Declarations and we will not require contribution from such Insurance if tha written contract also requires that this Insurance be non-coniributoty. But with rospact to all other insurance under which the additional Insured qualities as an Insured or additional insured,this Insurance will be excess. L. INSURED CONTRACT EXTENSION-RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9.of SECTION V-DEFINITIONS,Is deleted and replaced with the following. 9. 'Insured Contract'means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnifies any parson or organizatlon for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner Is not an'insured contract'; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation,as required by ordinance,to Indemnify a municipality,except in connection with work for a municipality; e. An elevator maintenance agreement,- f. greement;f. That part of any other contract or agreement pertaining to your business (including an Indemnifloatian of a municipality In connection with work performed for a municipality)under which you assume the tort liability of another party to pay for'bodily Injury" or"property damage' to a thlyd parson or organization. Tort liability means a liability that would be Imposed by law in the absence of any contract or agreement. Paragraph f.does not Include that part of any contract or agreement: (1) That Indemnifles an architect,engineer or surveyor for Injury or damage arising out of: (a) Preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specipicallons;or (b) Giving directions or Instructions,or falling to give them,If that is the primary cause of the Injury or damage;or (2) tinder which the Insured,if an architect,engineer or surveyor,assumes Ilabfllty for an injury or damage arising out of the Insured's rendering or failure to render professional services,Including those listed in(i)above and supervisory,inspection,architectural or engineering activities. GL-3085 f09111i -5- M. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION III-LIMITS OF INSURANCE. A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an'occurrence'under SECTION I-COVERAGE A,and for all medical expanses caused by accidents under SECTION -COVERAGE C: 1. A separate Constructlon Project General Aggregate Umlt applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of 'bodily Injury' or 'property damage'Included in the 'products-completed operations hazard,'and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or'sufts'brought;or e. Persons or organlxattons making claims or bringing'suits.' 3, Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limft shown In the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown In the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However,Instead of being subject to the General Aggregate Limit shown In the Declarations,such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the Insured becomes fagally obllgated to pay as damages caused by an'occurrence' under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I-COVERAGE C: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall roduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of'bodily injury'or'property damage'Included In the'products- completed operations hazard' will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned,delayed,or abandoned and then restarted,or If the authorized contracting partles deviate from plans,blueprints,designs,specifications or timetables, the project will still be doomed to be the some construction project. E. The provisions of SECTION Ili - LIMITS OF INSURANCE not otherwise modifled by this endorsement shall continue to be applicable. N. FELLOW EMPLOYEE COVERAGE GL-3086(09/i i) -6- Exclusion 2.e,Employers Liability of SECTION I, COVERAGE A, is daleted and replaced with the following: 2.0. 'Bodity injury"to (1) An"employee`of the insured arising out of and in the course of: (a) Employment by tha Insured;or (b) Performing duties related to the conduct of the Insumd's business;or (2) Tho spouse,child,parent,brother or sister of that"employee'as a consequence of paragraph 0)above. This exclusion applies: (1) Whether the insured may he liable as an employer or In any other capacity;and (2) To any obligation to share damages with or repay someone else who must pay damages because of the Injury. This exclusion does not apply to: (1) Liability assumed by the insured under an'insured contract';or (2) Liability arising from any action or omission of a co-'employee"whllo that co'omployee' Is either In the course of his or her employment or performing duties related to the conduct of your business. Item 2.a.(1)(a)of SECTION II-WHO IS AN INSURED,is deleted and replaced with the following: 2.a.(1)(a) To you,to your partners or members (if you are a partnership or joint venture)or to your members (if you are a limited liability company), or to your "volunteer workers` while performing duties related to the conduct of your buslness. 0. PROPERTY DAMAGE TO THE NAMED INSURED'S WORK Exclusion l of SECTION I,COVERAGE A.Is deleted and replaced with the iollowing: 1. Damage 10 Your Work 'Property damage'to'your work'arising out of it or any part of it and Included In the'products completed operation hazard." This exclusion applies only to that portion of any loss In excess of$50,000 per occurrence If the damaged work and the work out of which the damage arises was performed by you. This exclusion does not apply it tho damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. P. CARE,CUSTODY OR CONTROL Exclusion 2.1.4 of SECTION I,COVERAGE A.Is deleted and replaced with the following: 2.1.4 Personal property In the care,custody or control of the Insured. However,for personal property In the care,custody or control of you or your'employees,'this exclusion applies only to that portion of any loss In excess of$25,000 per occurrence,subject to the following torms and conditions; G1.-3085(0911 it —7- (a) The most that we will pay under this provlslon as an annual aggregate is $100,000, regardless of the number of occurrences, (b) This provision does not apply to"employee"owned property or any property that Is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limft for this coverage provision Is part of the General Aggregate Limit and SECTION III-LIMITS OF INSURANCE is changed accardfngly. (d) In the event of damage to or destruclion of property covered by this exception,you shall,if requested by us,replace the property or furnish the labor and materials nocessety for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization,Including the loss of use of that property,as a result of each'occurrence.' Our limit of fiab0ity under the endorsement as being applicable to each 'occurrence' shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liabillty under this provision shall not be reduced by the amount of such deductible. The conditions of the policy,Including those with respect to duties in the event of"occurrence; claims or'suit"apply Irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to eftecl settlement of any dalm or'suit'and,upon notification of the action taken,you shall promptly reimburse us for such part of the deductible amount as has boon paid by res. O. ELECTRONIC DATA LIABILITY COVERAGE 1. Exclusion 2.p.Electronic Data of SECTION I,COVERAGE A,is deleted and replaced with the following.- 2.p. ollowing:2,p. Damages arising out of the loss of, loss of use of, damage to, corruption of, Inability to access,or Inability to manipulate`alactronlo Bala"that does not result from physical injury 10 tangible property. 2. The following definition Is added to SECTION V—DEFINITIONS; 'Electronic data"means Information,facts or programs stored as or on,created or used on, or transmitted to or from computer software(Including systems and applications software),hard or floppy disks, CD-ARMS,tapes,drives,cells,data processing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of this coverage, the definition of `property damage" In SECTION V — DEFINITIONS is replaced by the following: `Property damage"means: a, Physical Injury to tangible property,including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical Injury that caused it; b. Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the lime of the"occurrence"that caused€1;or c. Loss of,loss of use of,damage 1o,corruption of,Inablfity to access,or Inability to properly manipulate'electronic data',resulting from physical Injury to tangible property.All such loss of'electronic data"shall be doomed to occur at the time of the'occurrence"that caused it. For the purposes of this Insurance,'electronic data'is not tangible property. taL-pass(091f i) -e- R. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIABILITY COVERAGE With respect to"bodily injury",'property damage",or'personal and advertising Injury'arising out of your ongoing operations;or operations Included within fire"products-completed operations hazard',the policy to which this coverage is attached shall apply as excess Insurance over coverage available to"you" under a C❑nsolldated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a `residential project' or any deductible or Insured retention, spedfled in the Consolidated Insurance Program. The following is added to Section V—Definitions "Residential project' means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but Is not limited to single or multifamliy housing, apartments, condominiums, townhouses, co-oparattves or planned unit developments and appurtenant structures (Including pools, hot tubs, detached garages, guest houses or any similar structures). A`resldentlal project"does not include military owned housing, collegeluniversity ownod housing or dormitories, long term care facilities, hotels, motats, hospitals or prisons. All other terms,provisions,exclusions and limhatlons of this policy apply. S. AUTOMATIC ADDITIONAL INSUREDS-MANAGERS OR LESSORS OR PREMISES SECTION II--WHO IS AN INSURED Is amended to include: Any person or organization with whom you agree In a written contract or written agreement to name as an additional Insured but only with respect to liability arising out of the ownership,maintenance or use of that part of the premises,designated In the written contract or written agreement,that is leased to you and subject to the following additional oxcluslons: This Insurance does not apply to: 1. Any"occurrence"which takes place after you cease to be a tenant In that premises. 2. Structural alterations,new construction or demolition operations performed by or an behalf of the additional Insured listed in the written contract or written agreement. This Insurance is excess of all other Insurance available to the additional Insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this Insurance to be primary. In that event,this Insurance will be primary relative to Insurance policy($)which designate the additional Insured as a Named Insured in the Declarations and we will not require contribution from such Insurance If the written contract also requires that this insurenca be non-contributory. But with respect to all other Insurance under which the additional Insured qualities as an insured or additional Insured,this Insurance will be excess, T. AUTOMATIC ADDITIONAL INSUREDS—STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISIONS—PERMITS OR AUTHORIZATIONS SECTION II —WHO IS AN INSURED Is amended to Include any state or governmental agency or subdivision or political subdivision with whom you are requ€red by written contract, ordinance, taw or building code to name as an additional Insured subject to the following provisions; This Insurance applies only with respect to operations performed by you or on your behalf for which the stale or governmental agency or subdivision or political subdiyislon has Issued a permit or authorization. GL-3085(09/11) 9 This insurance does not apply to: 1. 'Bodily Injury", 'property damage" or'personal and advertising Injury"arising out of operations performed for the federal government,state or municipality;or 2. 'Bodily in(ury"or"property damage"Included within the`products-completed operations hazard'. This insurance Is excess of all other Insurance available to the additional Insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event,this insurance will be primary relative to Insurance policy(s)which designate the additional insured as a Named Insured In the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to .all other Insurance under which the additional Insured qualifies as an Insured or additional Insured,this Insurance will be excess. U. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—COMPLETED OPERATIONS SECTION It—WHO IS AN INSURED Is amended to Include as an additional Insured any person or organization who Is required by written contract to be an additional insured on your policy for completed operations,but only with respect to liability for'bodily Injury'or'propedy damage'caused,in whole or In part,by'your work'at the project designated In the contract,performed for that additional insured and included in the'producis-completed operations hazard'. This insurance Is excess of all other insurance available to the additional insured,whether pr€maty, excess, contingent or on any other bass, unless the written contract requires this Insurance to be primary. In that event,this Insurance will be primary relative to Insurance policy(s)which designate the additional Insured as a Named Insured to the Declarations and we will not require contribution from such fnsuranoe If the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional Insured quatlfles as an Insured at additional Insured,this Insurance will be excess. V. ADDITIONAL INSURED--ENGINEERS,ARCHITECTS OR SURVEYORS SECTION II--WIiO IS AN INSURED is amended to Include as an additional insured any architect, engineer or surveyor who Is required by written contract to be an additional insured on your policy,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 performed by you or on your behalf. This Includes such architect,engineer or surveyor,who may not be engaged by you,but Is contractually required to be added as an additional Insured to your policy. With respect to the insurance afforded to these additional Insureds,the following additional exclusion applies: This insurance does not apply to'bodily injury',*property damage'or"personal and advertising Injury' arising out of the rendering of or the failure to render any profess€anal services,Including: L The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys,change orders,designs or specifications;or 2. Supervisory,Inspection or engineering services. GL 3085(09111) -f0 This Insurance is excess of all other Insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the tvritian contract requires this insurance to be primary. In that event,this Insurance will be primary relative to Insurance policy(s)which designate the additional Insured as a Named Insured in tite Declaratlons and we will not require contribution from such Insurance if the written contract also requires that this Insurance be non-contributory, But with respect to all other Insurance under which the additional Insured qualifies as an Insured or additional insured,this Insurance will be excess. OL-0085(Og/ii) i1