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HomeMy WebLinkAboutHydrocorp & City/ Cross-Connection Control CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, Wi 54903-1130 PHONE: (920) 236-5065 FAX(920) 236-5068 LETTER OF TRANSMITTAL To: Mr. John Hudak Date: April 25, 2016 Hydro Corp Inc, Subject: Executed Agreement 5700 Crooks Road Cross-Connection Control Program Suite 100 Services Troy, MI 48098 Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed A reement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: Enclosed is a copy of the executed agreement for cross-connection control program services. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. Steve Brand-- Copy City Clerk's Office--Original cc: !rile —Original Signed: Tr ti L. T Ior L'Englneedr4lTracy TaylorlSteve Brand AgreamentsWydroCorplLOT-Executod Agreemnt-24i6-2017 Cross-Connect Ctrl Frog Serv_4-25-16.doc AGREEMENT THIS AGREEMENT, made on the 2�jday of , 2016, by and between the CITY OF OSHKOSH, party of the first part, h1reinafter referred to as CITY, and HYDROCORP, 2665 South Moorland Road, Suite 209, New Berlin, WI 53151, 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 CROSS-CONNECTION CONTROL. PROGRAM SERVICES. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: D. J. Schneider— 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 M. Brand — Public Works Utility Bureau Manager ARTICLE Ill. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. 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. IAEngineeringkTrecy Taylorl5teve Brand Agreament"ydro DestgWHydroCorp Agreemn6Cross Connection CBI Prog_4-1-16.docx Page 9 of 5 ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. ARTICLE V. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Proposal. 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 VII. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts, all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This instrument 2. CONSULTANT's Proposal dated January 20, 2016 and attached hereto 1:5EnglneadNITracy TayloMtsve Brand Agreaments"dro Des€gnsWydroCorp Agreemnt-Crass Connection Ctd Prog_4-1-16.docc Page 2 of 5 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 VIII. 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; • Total Contract Amount of $435,000 (One Hundred Thirty Five Thousand Dollars) over twenty-four (24) months to be paid in monthly payments of $5,625 (Five Thousand Six Hundred Twenty Five Dollars). 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 IX. 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. S:%EngtneeringUrecyTay{w IoveBrandAgreements%HydroDesignstHydroCorpAgreamnl-CressConnedonCWPro"A-16.&cx Page 3of6 Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re-use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE X. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XI. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGREEMENT, the CITY shall have the right to terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (10) calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this AGREEMENT. ARTICLE XII. RE-USE OF 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 XIII. 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. 1:lEnginee0gWrecy TaylorlSleve Brand Agreements"t3ro DeslgnslHydraCorp Agreemnt.0 css Connection Cid Prog_4-1-18.docx Page 4 of 5 ARTICLE XIV. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT By: -•-� (Seal of Consultant if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: -W_ (Witness) M k_A. Rohloff, City Manager � E And. (Witness) Pamela R. Ubrig, City Clerk APP.-ROVED: 1 hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. pity Attorney City Comptroller #.%Eng1naefi"1Tracy TayioftStevs Brand Agreainenls\Hydro Des1gnMydroCorp Agreemni-Cross Connection Cid Pro0_4.1.16.dncc Page 5 of 5 City of Oshkosh Cross Connection Program Proposal RECEIVED January 20, 2016 MAR 14 2016 DEP- OF PUBLIC WORKS OSHKOSH, WISCONSIN Why is this project necessary? Page 2 Executive Summary Page 3 F What we look for and document Page 4 r> f Appendix Page 6 4. --0,2 R_ City Water Supply 4 ` a � ref Proposal Submitted by H Y Q R G 0 R P., 2665 S. Moorland Rd.Ste 209 New Berlin,Wi 53151 Phone: 800-315-4305 www.HydroCorpinc.com THE SAFE WATER AUTHORITY- Whym W NR 814.15 NR 810.15 Cross connections and interconnections. Unprotected cross-connections are prohlb€fed.Cross-connections shall be protected as required in Chapter SPS 382,41, (1)CROSS CONNECTION CONTROL PROGRAM,In order to protect the public water supply system,the water supplier for every municipal water system shall Requires municipal develop and implement a comprehensive cross connection control program +-- water suppliers have for the elimination of all existing unprotected cross-connections and prevention of all future unprotected cross-connections to the last flowing tap or end-use CCC Program in place device,The program may include providing public education materials in lieu of inspections of low hazard portions of residential or commercial facilities.Low hazard areas consist of normal kitchen and bathroom fixtures,The water supplier shall keep a current record of the cross connection control program available for annual review by the department.The cross connection control program shall Include: (A)Complete description of the program and the administration procedures, Program must be Including designation of the Inspection or enforcement agency or agencies. documented and (B)Local authority for implementation of the program,such as ordinance or other governing rule, inspections on a time (c)A time schedule for public education materials,surveys and follow up surveys of -- schedule f consumer premises for cross connections including appropriate record keeping, Unless otherwise authorized by the department,water suppliers for each municipal water system shall cause a survey to be conducted for every residential service a minimum of once every ten years or on a schedule matching motor replacement, Inspection frequency Public educational materials,when being provided In lieu of lovr hazard inspections, shall be provided to the customer no less than every 3 years and with every cross and facility hazard type connection survey.Unless.0.detailed alternative schedule Is included In the cross must be authorized by connection control program and is approved by the department,water suppliers for each municipal water system shall cause a survey to be conducted for every industrial, D N R commercial and public authority service a minimum of once every 2 years.Commercial properties of similar or lesser risk to residential properties may follow the same schedule as residential properties.Completed survey results shall be maintained by the water supplier until corrections and follow up surveys have been made. (d)A complete description of the methods,devices,and assemblies which will be used Must refer to DS PS to protect the potable water supply,Compliant methods,devices and assemblies are listed in S.SPS 382,41. 4 382.41 plumbing code (e)Provisions for denial or disoontinuance of water service,after reasonable notice, to any premises where an unprotected cross connection exists or where a survey could not be conducted due to denial. (f)Submission to the department of a copy of an ordinance establishing a cross connection Control Program,an annual report including a total number of all service A l I well to city wate r connections by Category and a report indicating the number of surveys completed In interconnections must each category for that year. (2)INTERCONNECTIONS WITH OTHER ACCEPTABLE WATER . be permitted ---- SOURCES.Interconnections between the public water supply system and another source of individually by D N R water are prohibited unless permitted by the department in individual cases.Approval of the department shall be obtained prior to the Interconnection. History:CR 09-073:cr.Register November 2010 No.659,eff.12-1-10. Cross Connection Control Proposal for DNR 810.15 Compliance&safe drinking water Page 2 Executive Summary Program Recommendations Based on our discussions, HydroCorp Inc, will provide the following services to the City of Oshkosh. This project is the foundation for an ongoing Municipal Cross-Connection Control Program and will provide City of Oshkosh with the necessary data information to maintain compliance with the Wisconsin Department of Natural Resources regulations (NR 810.015). The components of this community wide safety project include: 1. Perform Cross Connection Inspections at individual commercial, industrial, and public authority users within the City of Oshkosh served by the public water supply for cross- connections. Inspections will be conducted utilizing the isolation approach as supported with the Wisconsin Department of Safety& Professional Services Code Chapter SPS 382. 2. Complete 1200 Cross Connection Inspections of commercial, industrial, public authority facilities during the contract period. Water purveyor and building owner will be provided with a detailed corrective action report for each non-compliant facility. City of Oshkosh will do the follow up inspections. If authorized HydroCorp can do follow up inspections. The charge per inspection will be$65. 3. City of Oshkosh customers are required to provide ASSE approved hose bill vacuum breakers or anti-frost hose bibb vacuum breakers if required. 4. Data management and program notices for all inspection services will be provided throughout the contract period using the HydroCorp Inc. Software Data Management Program. Toll free phone number to our inspection team office for questions from public and plumbers. 5. Submit computerized comprehensive management reports as needed and conduct a compliance review meeting to discuss overall program status and recommendations. Records will be accessible via the internet also. 6. Review and update the cross-connection control ordinance and update the written cross- connection control plan specific to the City of Oshkosh as required by Wisconsin Department of Natural Resources and the revised regulation NR 810.15 as needed. 7. HydroCorp Inc. will prepare the required DNR Annual Cross Connection Control Report. 2 Year Cross Connection Control Program: 1200 Non-Residential CCC Inspections: $135,000.00 HydroCorp Inc. will invoice $135,000.00 in twenty-four monthly amounts of$5,625.00. Cross Connection Control Proposal for DNR 810.15 compliance&safe drinking water Page 3 What we look for & documentUNIIII Cross Connection Control Survey Data: During the Cross Connection Control Survey,the Surveyor will observe common potable water piping connections such as boiler systems,water softeners and threaded hose bibs and other machine slsystems connected to the drinking water supply. Each existing backflow preventer will be verified and documented for correct application. Where unprotected Cross Connections are identified,the Surveyor will document the required corrective action and if possible, give a brief explanation to the occupant before leaving the premises. Common backflow preventers found within residences are described but not limited to the list and photo examples below: 1. Lawn Sprinkler Backflow Preventers t � 2 � 2, Toilet Tank Anti-Siphon Valves 3, Boiler Backflow Preventer--High Hazard Type IM 4 4. Boiler Backflow Preventer—Low Hazard Type O S. Outside Hose Bibb Fixture ' i 6. Standard Hose Bibb O 7 i 7. Laundry Tub Threaded Fixture 8. Water Softener,Back Flush Drain Hose - ° Cross Connection Control Proposal for DNR 810.15 Compliance&safe drinking water Page 4 Appendix Specific Qualifications & Experience HydroCorp7m is a professional service organization that specializes in Cross Connection Control Programs. Cross Connection Control Program Management&Training is the main core and focus of our business. We are committed to providing water utilities and local communities with a cost effective and professionally managed cross connection control program in order to assist in protecting the public water supply. HydroCorp conducts over 30,000 Cross Connection Control Inspections annually. HydroCorp tracks and manages over 35,000+ backflow prevention assemblies for our Municipal client base. • Our highly trained staff works in an efficient manner in order to achieve maximum productivity and keep program costs affordable. We have a detailed system and process that each of our field inspectors follow in order to meet productivity and quality assurance goals. • Our municipal inspection team is committed to providing outstanding customer service to the water users in each of the communities we serve. We teach and train customer service skills in addition to the technical skills since our team members act as representatives of the community that we service. Our municipal inspection team has attended training classes and received certification from the following recognized Cross Connection Control Programs: OF TREEO, UW-Madison, and USC-- Foundation for Cross Connection Control and Hydraulic Research, American Backflow Prevention Association (ABPA), American Society for Sanitary Engineering (ASSE). HydroCorp recognizes the importance of Professional Development and Learning. We invest heavily in internal and external training with our team members to ensure that each Field Service and Administrative team member has the skills and abilities to meet the needs of our clients. We have a trained administrative staff to handle client needs, water user questions and answer telephone calls in a professional, timely and courtesy manner. Our administrative staff can answer most technical calls related to the cross connection control program and have attended basic cross connection control training classes. HydroCorp currently serves over 200 communities in Michigan, Wisconsin, Maryland, Delaware, Virginia& Florida. We still have our first customer[ HydroCorp and its'staff are active members in many water industry associations including: National Rural Water Association, State Rural Water Associations, National AWWA, State AWWA Groups, HydroCorp is committed to assisting these organizations by providing training classes, seminars and assistance in the area of Cross Connection Control. Several Fortune 500 companies have relied on HydroCorp to provide Cross Connection Control Surveys, Program Management& Reporting to assist in meeting statellocal regulations as well as internal company guidelines. Cross Connection Control Proposal for DNR 810.15 Compliance&safe drinking water Page 5 -� HYDRD-1 OP 1D: HMIL ACRO' DATE(MIAIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 0410512o1s 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 CONTACT Daniel L.West NAM E: Brawn 8 Brown of Detroit = — PHONE FAX No): 586-977-6780 P.O. Box 8029 AJC o Ext 586-977-6300 35735 Mound Road RECEfVED E•IAwL Starling Heights,MI 48311-6029 AODREss:dwest@bbdetroit.com Daniel L.West APP INSURERS)AFFORDING COVERAGE NAIC 9{{Pr -- INSURER A:Hartford casuasty insurance C a 002229 INSURED Hydro Designs Inc,dba INSURER B:Hartford Ins Co of the Midwest 002612 dba H droCorp,Inc. DEPT OF PUBLIC WORKS INSURER C:Hartford Underwriters Ins.Co. 002232 HDI of Florida, LLC 5700 Crooks Rd.,Ste.100 OSHKOSH, NVISCONSIN INSURER D:HiscoxInsurance Company 003030 Troy,MI 48098 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, TERN! 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 SEEN REDUCED BY PAID CLAIMS. INSRR TYPE OF INSURANCE ADDL S e POLICY NUMBER f1 POLICY EFF POLICY YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTEO A X COMMERCIAL GENERAL LIABILITY X 36SBAPf8663 12!1512016 12/16/2016 PREMISES Ea occurrence $ 300,000 CLAIIAS-RtADE [�X] OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 X EPL$5,000 GENERALAGGREGATE $ 2,000,000 GEN'LAGGREGATELINT(APPLIESPER: PRODUCTS-COMPIOPAGG $ 2,000,000 POLICY PRO LOC Emp Ben. $ $IP II/$2Mi AUTOMOBILE LIABILITY GEOMR'1,d 0SINGLELIMIT 5 1,000,000 C X ANY AUTO X 36UECJP7978 12/15/2015 12/16/2016 BODILY INJURY(Per person) 5 ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED POPPER DAMAGE HIREDAUTOS AUTOS S X UTABRELLA LIABX OCCUR EACH OCCURRENCE 3 5,000,000 A [:]_EXCEss LIAB CLAIMS-IAADE 35SBAPI6663 12/16/2015 12/16/2016 AGGREGATE $ 5,000,000 DED I X I RETENTIONS 10,000 $ WORKERS COMPENSA7ION X I WC STATU- O7H- AND EMPLOYERS'LIA9[LITY TO LIMITS ER B �PROPRtE ER�EXCLUERIE ECUTIVE Y❑ NIA 36WECZM8649 1211512015 12/1612016 E.L.EACH ACCIDENT $ 500,00 (Mandatory In NH) E.L.DISEASE-EA EIAPLOYEd$ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS b0av E.L.DISEASE-POLICY LIMIT S 6600,000 D Professional Liab ANE101095513 12/15/2016 12/16/2016 Wrong Act 2,000,000 Agg 2,000,000 DESCRIPTION OF OPERATIONS I LOGA7IONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) City of Oshkosh and its officers, council members, agents, employees and authorized volunteers are included as an additional insured for general and auto liability per Form SS0008 04/05 attached. Per Project general liability aggregate limits apply on Policy #35SBAPI8563 per Form SSO433 04/05 attached. CERTIFICATE HOLDER CANCELLATION OSHKOSC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh„WI 54903-1130 ©1988-2010 ACORD CORPORATION. All rights reserved. ACO RD 25(2010105) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM A. Section D. LIABILITY AND MEDICAL EXPENSES 4. If the applicable "project" has been abandoned, LIMITS OF INSURANCE is amended as follows: delayed, or abandoned and then restarted, or if 1. The General Aggregate Limit under Section D. the authorized contracting parties deviate from LIABILITY AND MEDICAL EXPENSES LIMIT plans, blueprints, designs, specifications or OF INSURANCE applies separately to each of timetables, the "project" will still be deemed to your"projects". be the same"project". 2. The limits shown in the Declarations for Liability S. The provisions of Section D. LIABILITY AND and Medical Expenses, Damage To Premises MEDICAL EXPENSES LIMIT OF INSURANCE Rented To You and Medical Expenses continue not otherwise modified by this endorsement to apply. shall continue to apply as stipulated. 3. When coverage for liability arising out of the B. Additional Definitions "products-completed operations hazard" is The following definition is added to Section G. provided, any payments for damages because LIABILITY AND MEDICAL EXPENSES of "bodily injury" or "property damage" included DEFINITIONS: in the "products-completed operations hazard" 1. "Project" means "your work" at location(s) away will reduce the Products-Completed Operations from premises owned or rented to you. Aggregate Limit, and not reduce the General Aggregate Limit. Form SS 04 33 04 05 Page 1 of 1 © 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred;or "employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member(if you are a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to "mobile equipment' registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager, law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability, maintenance or use of that property;and However,no person or organization is an insured (2) Until your legal representative has with respect to; been appointed. a, "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity Is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part, your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown In the Declarations such person is also an insured, but oniy with as a named Insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to That person or organization for this liability. insured under another policy or would be an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However, Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f, below are additional or form the organization or the end of the insureds when you have agreed, In a written policy period, whichever is earlier;and Form S5 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, .adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the issuance of the permit, with the distribution or sale of the A person or organization Is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit, except such operations performed at the vendor's premises In However, no such person or organization is an connection with the sale of the additional insured under this provision If such product; person or organ€zation is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sate by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily Injury" or "property Any person(s) or organizations) (referred to damage" arising out of the sole below as vendor), but only with respect to negligence of the vendor for its "bodily Injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else or sold in the regular course of the vendor's acting on its behalf. However, this business and only if this Coverage Part exclusion does not apply to: provides coverage for "bodily injury" or (I) The exceptions contained in "property damage" included within the Subparagraphs (d)or(f);or "products-completed operations hazard". (i€) Such Inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions; undertakes to make in the usual This insurance does not apply to; course of business, in connection with the distribution (a) 'Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom-you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for "bodily injury", "property damage" or In the product made Intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such Inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05