Loading...
HomeMy WebLinkAboutStrand Associates and Oshkosh 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: Matthew Yentz Date: January 17,2017 Strand Associates, Inc. Subject: Executed Agreement for Sawyer 910 West Wingra Drive Creek Watershed Storm Water Madison,WI 53715 Manage ent Plan Update J-Contract 17-09 Please find: Attached ❑ Under Separate Cover ❑ Copy of Letter N Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ myiars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description Executed aEeement These are being transmitted as indicated below: ❑ For Approval For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is the executed agreement for the Sawyer Creek Watershed storm water management plan update. Please reference Res. No. 16-559 on all of your invoices. If you have any questions, please contact us. John Ferris-Copy w/o encl. City Clerk's-Original cc: File-Original Signed: Trac L. aylor 1:\Engineering\2017 CONTRACTS\17-09 Sawyer Crk\Project_lnformation\Contract Info\Consultant Agreements\17-17 Strand LOT-Executed Agreement-SWMP Update-1-17-17.doex AGREEMENT This AGREEMENT, made on the I day of- ,3YIAMA 201/ by and between the CITY OF OSHKOSH, party of the first part, hereinafter'-rA--rred to as CITY, and STRAND ASSOCIATES, INC., 910 West Wingra Drive, Madison, WI 53715, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for SAWYER CREEK WATERSHED STORM WATER MANAGEMENT PLAN UPDATE. ARTICLE 1. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Matthew Yentz, P.E. —Senior Associate 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: John Ferris, P.E. —Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Scope of Services. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. I:\Engineering\2017 CONTRACTS\17-09 Sawyer Crk0roject-Informition\Contract Info\Comsultant Page 1 of 6 Agreements\Strand-SWIVIP Update-12-15-16.docx ARTICLE VIII. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Scope of Services. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees 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 IX. 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 Scope of Services dated December 9, 2016 and attached hereto In the event any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE X. PAYMENT A. The Agreement Sum, The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Time and Materials Not to Exceed $182,500 (One Hundred Eighty Two Thousand Five Hundred Dollars). I:\Engineering\2017 CONTRACTS\17-09 Sawyer Crk\Project_Information\Contract Info\Consultant Page 3 of 6 i 2-IS-16.docx Agreements\Strand-SWMP Update-1 • Attached fee schedule(s) shall be firm for the duration of this AGREEMENT. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this AGREEMENT executed by both parties prior to proceeding with the work covered under the subject amendment. D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s) not including documentation. ARTICLE XI. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related however remotely to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any 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. 1:\Engineering\2017 CONTRACTS\17-09 Sawyer Crk\Projectinformition\Contyict Info\Consultant Page 4 of 6 Agreements\Strand-SWNIP Update_12-15-16.docx t I i I ARTICLE XII. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XIII. 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 XIV. RE-USE OF PROTECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. 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 XV SUSPENSION DELAY OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. I:\Engineering\2017 CONTRACTS\17-09 Sawyer Crk\Project_Information\Contract Info\Consultant Page 5 of 6 Agreements\Strand-SWIAP Update_12-15-16.docx i f� I ARTICLE XVI, 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: Alz (Seal of Consultant (lop (4- 1--3,9 if a Corporation) (Speedy Title) By: (Specify Title) CITY OF OSHKOSH By: (Witness) Marl-,A. Rohloff, City Manager And (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. I 4yyA tornevy City Comptroller 1:\Engineering\2017 CONTRACTS\17-09 Sawyer Crk\Project_lnforiiiitiori\Contrict lnfo\Consultant Page 6 of 6 Agreements\Strand-SWNIP Update-12-15-16.docx Strand Associates, inc. ),� 910 West Wingra Drive Madison,WI 53715 (P)608-251-4813 STRAND (F)608-251-8655 ASSOCIATESo RECEIVED December 9, 2016 DtC ® 9 2016 Mr. James Rabe, P.E., CPESC, Director of Public Works DEPT OF PUBLIC WORKS City of Oshkosh—Storm Water Utility DEPT O OSHKOSH, LlC W WISCONSIN 215 Church Avenue Oshkosh, WI 54903-1130 Re: Sawyer Creek Watershed Stormwater Management Plan Update Dear Mr.Rabe: On behalf of Strand Associates®, Inc. (Strand) we are pleased to provide this Proposal to the City of Oshkosh(City)for the Sawyer Creek Watershed Stormwater Management Plan(SWMP)Update project. Scope of Services Strand's proposed Scope of Services for this Proposal includes the following. 1. Perform field survey of known improvements to the stormwater drainage system since completion of the April 2009 Sawyer Creek S WMP and reconcile differences between the model cross sections and Lidar data. (Approximate Fee$10,000) i 2. Update the existing conditions (2016) hydrology and hydraulic (H&H) models. (Approximate Fee$25,000) a. Update watershed parameters, including runoff curve number, time of concentration, and subbasin boundaries. b. Gather data for known development and stormwater Best Management Practices (BMPs) since completion of the April 2009 SW-MP. E c: Update stormwater system mapping based on information provided by City, including storm sewer, manholes,catch basins, stormwater BMPs,watershed subbasins,soils, and 2016 land use. d. Update the H&H models for 2016 conditions.The models will be based on the models being prepared by Strand for the Sawyer Creek post-construction modeling and mapping. i. Hydrologic Engineering Center's Hydraulic Modeling System (HEC-HMS) hydraulics model ii. XP-S WMM dynamic model at James Road Area detention basin Hi. Sawyer Creek HEC-RAS hydraulics model 3. Prepare H&H modeling under 2016 conditions for 2-, 5-, 10-, 25-, 50-, and 100-year storm events. (Approximate Fee$9,000) a. Communicate with City's consultant, AECOM, on Campbell Creek watershed interconnection flow rates. Strand will rely upon flow rate data received from AECOM. MAY:sjw\R:\MAD\Documents\Agreements\O\Oshkosh,City E, of(WI)\SaNvyerCreekWatershedStormwaterMgm t.2016\A \1382.068.docx €... Al 170! c: - "018 iil.ii •;i �. '�tU�.:V �: Z_Ji�p T };3q A,/..C;nj,�-S�rl WWW,strand.com Strand Associates, Mr. James Rabe,P.E.,CPESC,Director of Public Works City of Oshkosh—Storm Water Utility Page 2 December 9,2016 b. Perform critical duration analysis. C. Run the model with the 2-, 5-, 10-,25-, 50-, and 100-year design storms. d. Prepare table of peak discharge and water surface elevation (WSEL) at each HEC-RAS cross section location and at five critical watershed locations for the 100-year storm event. e. Prepare table of the estimated overtopping frequency at each bridge utilizing the 2-, 5-, 10-, 25-, 50-,and 100-year storm event runs. f. Prepare 100-year floodplain boundary map under 2016 conditions. 4. Develop flood mitigation alternatives. (Approximate Fee$30,000) a. Review and update watershed performance criteria with City. b. Develop list of potential flood mitigation components for City review. C. Develop up to four alternatives based on City-approved list of components. d. Prepare post-mitigation H&H models for the four alternatives for the 100-year storm event. e. Prepare performance tables at 12 bridge locations and five critical watershed locations for the 100-year storm event for each of the four alternatives. i f. Provide a Sawyer Creek 100-year floodplain map for each of the four alternatives. i g. Submit alternatives analysis to City for review. 5. Prepare post mitigation H&H model runs under 2016 conditions with the recommended j alternative. (Approximate Fee$9,000) I a. Model the June 12, 2008, and June 13,2008, storm event. b. Perform critical duration analysis during 100-year storm event for the 3-, 6-, 12-, 18-, and 24-hour storm events. C. Model the 2-, 5-, 10-,25-, 50-, and 100-year design storms. d. Prepare table of peak discharge and WSEL at each HEC-RAS cross section location and at five critical watershed locations for the 100-year storm event. I e. Prepare table of the estimated overtopping frequency at each bridge utilizing the 2-, 5-, j 10-,25-, 50-, and 100-year storm event runs. f. Prepare 100-year floodplain boundary map. g. Prepare June 12, 2008,and June 13, 2008, storm event floodplain boundary map. MAY:sjw\R:\MAD\Documents\Agreements\O\Oshkosh,City of(WI)\SawyerCreekWatershedStormwaterMgmt.2016\Agr\1382.068.docx 6 I www.strand.coni I Strand Associates, Inc.- Mr. nc:Mr. James Rabe,P.E.,CPESC,Director of Public Works City of Oshkosh—Storm Water Utility Page 3 December 9,2016 6. Prepare SWMP. (Approximate Fee$30,000) a. Prepare the following sections for the SWMP: i. Project background, purpose, and objectives. ii. Inventory of drainage basin characteristics. iii. Design objectives/criteria. iv. Engineering analysis description and results. V. Recommended improvements, alternatives, and costs. vi. Summary of permit requirements. vii. Project implementation plan,including prioritization of improvements,potential schedule of improvements, and a budgeting plan, including identification of potential funding sources. b. Submit draft SWMP for City review. Two hardcopies and one portable document format (PDF)copy will be provided. C. Edit draft SWMP, as necessary,based on City review comments. i d. Submit final SWMP to City. Two hardcopies and one PDF copy will be provided. I ! e. Submit the following final deliverables on a compact disc: i. Geographic information system AutoCAD Stormwater models iv. Survey V. Reports 7. Prepare for, attend, and document up to four progress meetings with City. (Approximate Fee$12,000) 8. Prepare exhibits and presentations and attend and document the following meetings with City: (Approximate Fee$20,000) a. One public informational meeting. b. One Storm Water Utility Committee presentation. C. One City council workshop. 9. Prepare flood storage district maps for City to submit to Winnebago County for approval. (Approximate Fee$5,000) 10. Attend the Winnebago County public hearing and up to one other County level meeting for the approval of the flood storage district maps. (Approximate Fee$2,500) 11. Prepare submittal to Federal Emergency Management Agency (FEMA) and the Wisconsin Department of Natural Resources(WDNR)for the physical map revision of the three map panels affected by the City stormwater management improvements in the Sawyer Creek watershed. (Approximate Fee$20,000) MAY:sjw\R:\MAD\Documents\Agreements\O\Oshkosh,City of(WI)\SawyerCreekWatershedStormwaterMgmt.2016\Agr\1382.068.docx €1 www.sti'and.com Strand Associates, Inc.- Mr. nc:Mr. James Rabe,P.E.,CPESC,Director of Public Works City of Oshkosh—Storm Water Utility Page 4 December 9, 2016 12. Communicate with FEMA and WDNR during their respective reviews of the physical map revision submittal. (Approximate Fee $7,500) 13. Prepare a zone of influence map for each stormwater detention facility incorporated in the Sawyer Creek watershed model. (Approximate Fee$2,500) Compensation Services will be provided on an hourly rate basis plus expenses an estimated fee of$182,500. This fee will not be exceeded without a prior written authorization. Schedule Services will begin upon execution of an agreement,which is anticipated by December 31,2016. Services are scheduled for completion on December 31, 2017. Strand looks forward to working with the City of Oshkosh on this project. If there are any questions concerning this Proposal, please contact us at your convenience at 608-251-4843. Sincerely, STRAND ASSOCIATES,INC. l /11� V Matthew A.Yentz, P.E. 1 i I t i I i i I i I C MAY:sjw\R:\MAD\Documents\Agreements\O\Oshkosh,City of(WI)\SawyerCreekWatershedStormwaterMgmt.2016\Agr\1382.068.docx i www.sti*and.com RECEIVED -- Strand Associates, Inc: 910 West Wingra Drive Madison,WI 53715 JAN — S) 2017 (P)608-251-4843 STRAND DEPTO1-- PUBLIC WORKS (F)608-251-8655 ASS oclATEs`' OSHKOSH, WISCONSIN Wage Scale and Billing Rates Hourly Billing Rates* Principal Engineer $279 to $485 Senior Project Manager $184 to $253 Project Managers $ 99 to $183 Project Engineers and Scientists $ 94 to $119 Engineering Technicians and Draftspersons $ 40 to $147 Office Production $ 96 Average *Updated annually on July 1 * Please note that trade secrets such as billing rates are exempt from the Wisconsin Open Records Law and are not intended for public disclosure. bVW�N.51r8t1�-COPri '``C� CERTIFICATE OF LIABILITY INSURANCEF12291(01 DATEMMIDDlYYYY) 166� / 26 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 policyroes)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policic%VaA'jM an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). NTCT PRODUCER NAME: Susan Simoneau Ansay&Associates, LLC. MSN JAN — 3 2017 HO N 702 N High Point Road e EXt:800-643-6133 Fvc No:608 831-4 7 E-MAIL Suite DEPT OF PUBLIC WO RESS:Sue.Simoneau ansa .com Madisonon WI 53717 INSURERS AFFORDING COVERAGE NAIC# OSHKOSH, WISCONSIN INSURERA:CNA Insurance Companies 35289 INSURED STRAASS-01 INSURERS: Strand Associates, Inc INSURERC: 910 W.Wingra Drive INSURER D: Madison WI 53715 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:396996096 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 ADDL S BR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY LIMITS A GENERAL LIABILITY Y 5099170076 1/1/2017 1/1/2018 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTE PREMISES Ea occurrence $900,000 CLAIMS-MADE [K]OCCUR MED EXP(Any one person) $5,000 X XC COV.InCI. PERSONAL&ADV INJURY $1,000,000 X Blkt.Contractual GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICYFX PRO-JECT L1 LOC $ A AUTOMOBILE LIABILITY Y5099170062 1/1/2017 1/1/2018 Ea accident) $1,000,000 j Ix ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULEDBODILY INJURY Per accident $AUTOS AUTOS ( )HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident I A X UMBRELLA LIAB X OCCUR Y 5099170059 1/1/2017 1/1/2018 EACH OCCURRENCE $2,000,000 i EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION WC595126844 1/1/2017 1/1/2018 X TORY LIMITS OT AND EMPLOYERS'LIABILITYrp ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? a N/A ._ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under -- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liability& AEH113974097 7/11/2016 7/11/2017 Each Claim 2,000,000 Pollution Liability Aggregate 2,000,000 E Full Prior Acts I. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) PROJECT #1382.071 PROJECT: Sawyer Creek Watershed Storm Water Management Plan Update City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are named as additional insureds on a primary and non-contributory basis as per written agreement. See attached CNA7SO79 & See Attached. . . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 Church Avenue ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1130 Oshkosh WI 54903-1130 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD I AGENCY CUSTOMER ID: STRAASS-01 LOC#: AC RE) ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Ansay & Associates, LLC. MSN Strand Associates, Inc 910 W. Wingra Drive POLICY NUMBER Madison WI 53715 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE G-140331C Thirty (30) days prior written notice of cancellation or non-renewal will be given to the Certificate Holder. i I I 0 I i `t ACORD 101 (2008/01) C 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 4 B E B 1 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors- with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: i COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured Is.required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B.below applies, 1. bodily Injury,property damage,or personal and advertising Injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract;or 2. bodily injury or property damage caused in whole or in part by your work and included In the products- completed operations hazard,and only if i a. the written contract requires the Named Insured to provide the additional insured such coverage;and b. this coverage part provides such coverage. B. bodily injury,property damage,or personal and advertising Injury arising out of your work described in such written contract, but only if: g 1. this coverage part provides coverage for bodily injury or property damage included within the products 8 completed operations hazard;and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. 11. Subject always to the terms and conditions of this policy, Including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract, Ill. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property 0 damage,or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or falling to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders,change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities;or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part, IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional Insured whether on a primary,excess,contingent or any other basis. However,if this insurance is required by written CNA75079XX(1-15) Policy No: 5099170076 Page 1 of 2 Endorsement No: 4 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2016 Insured Name:STRAND ASSOCIATES, INC. Copyright CNA All Rights Reserved. Includes copyrighted materlal of Insurance Services office,Ina.,with its permission. i CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory, this Insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is.amendsd with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal a p g papers received, and otherwise cooperate with the Insurer in the . Pe investigation,defense, or settlement of the claim;and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4)does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: I A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: I c 1. the bodily injury or property damage;or 2. the offense that caused the personal and advertising Injury I for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law, i All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date Is shown below, and expires concurrently with said Policy. GNA75079XX(1-15) Policy No: 5099170076 F Page 2 of 2 Endorsement No: 4 I TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2016 Insured Name: STRAND ASSOCIATES, INC. Copyright GNA All Rights Reserved. Includes copyrighted material of Insurance services Office,Inc.,with Its peimisslon. i G 140331 C 1010 Page 1 of 2 CIVA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract" per Paragraph A. below.) Locations of Covered Operations (As per the"written contract,"provided the location is within the"coverage territory"of this Coverage Part.) A. Section 11 -Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury"caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the"written contract";or c. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products-completed operations hazard,"and only if: (1) The"written contract"requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. Required by the "written contract'; b. Described in B.1, above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract," this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury arising out of: a. The rendering of,or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional mhtml:file://C:\Documents and Settings\cab8657\Local Settings\Temporary Internet Files\OLK1C\GL-Bla... 1/2/2014 G140331C 1010 Page 2 of 2 conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence"or an offense which may result in a claim or"suit" under this insurance, and of any claim or"suit"that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or"suit"; and (4) Tender the defense and indemnity of any claim or"suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the"written contract"requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. of the Other Insurance Condition is deleted and replaced with the following 4. Other Insurance a. Primary Insurance This insurance is primary and non-contributory except when rendered excess by endorsement G-140331-C, or when Paragraph b. below applies. D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The"bodily injury"or"property damage"; or b The offense that caused the"personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. mhtml:file://C:\Documents and S ettingskab 86 5 7\Local Settings\Temporary Internet Files\OLK1C\GL- Bla... 1/2/2014