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HomeMy WebLinkAboutCarow Land Surveying/Water Filtration 2017 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: Robert F.Reider Date: April 20,2017 Carow Land Surveying Company, Inc. Subject: Executed Agreement PO Box 1297 Boundary Survey of the Water Appleton, WI 54912-1297 Filtration Plant Property Please find: Z 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 Agreement 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 boundary survey of the Water Filtration Plant property. 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. City Clerk's-Original Pete Gulbronson-Copy cc: —File-Original Signed: Tra(y. Tayloo I:\Engineering\Tracy Taylor\Steve Brand Agreements\Carow\Carow LOT-Executed Agreement_+20-17.docx AGREEMENT 1 111 This AGREEMENT, made on the 13 day of 'her 2017, by and between the CITY OF OSHKOSH, party of the first part, knafter referred to as CITY, and CAROW LAND SURVEYING COMPANY, INC., PO Box 1297, Appleton, WI 54912- 1297,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 BOUNDARY SURVEY OF THE WATER FILTRATION PLANT PROPERTY. ARTICLE I. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: R Robert F.Reider,Jt.L.S.—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 beprovided 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: Pete Gulbronson, P.E., C.D.T—Environmental Compliance Manager ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. 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. L\Engineering\Tracy Taylor\Steve Brand Agreements\Carow Agreement-WFP Boundary Surv,-4-6- Page 1 of 6 17.docx 4'"„� F ' { 2.� 4� ry� � I f L.W r�� ���,y” �l Mb�, t ♦5 y // n 4e r M1, I �Y ' .iti }} 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. 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. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VI. 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. i 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 i I:\Engineering\Tracy Taylor\Steve Brand Agreements\Carow Agreement-WPP Boundary Surv_4-6- Page 2 of 6 I7.do- I 4 E 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 VIII. 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 March 30,2017 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 t stated. i f ARTICLE IX. 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 $2,650 (Two Thousand Six Hundred Fifty Dollars). • 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. I IAEngineering\Tracy Taylor\Steve Brand Agreements\Carow Agreement-WFP Boundary Surv_4-6- Page 3 of 6 I::: I7.doIX 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. I ARTICLE X. HOLD HARMLESS E 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. t F 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 XI. INSURANCE E The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirenieiits. G i I:\Engineering\Tracy Taylor\Steve Brand Agreements\Carow Agreement-WH Boundary Surv_4-6- Page 4 of 6 [: 17.doca I'i4 ARTICLE XII. 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 an time b Y Y Y 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. i ARTICLE XIII. RE-USE OF PROTECT DOCUMENTS t E 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. The 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, I litigation expenses and attorney's fees arising out of or related to the unauthorized re-use, change, or alteration of these project documents. I i ARTICLE XIV SUSPENSION DELAY OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall E be equitably adjusted. l IAEngineering\Tracy Taylor\Steve Brand Agreements\Carow Agreement-WFP Boundary Surv_4-6- Page 5 Of 6 [, 17.dmc 1[g E ARTICLE XV. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT w -- By: (Seal of Consultant 1 ( w lAe- - if a Corporation) (Specify Tit By: (Specify Title) CITY OF OSHKO„S By: /` f-7 (Witness) J Rabe,P.E.,Director of Public Works �w I: En ineering�Trac}Ta for Steve Brand Agreements Caroty A ement-WFP Boundary Sury-4-6- Page 6 of 6 v.dorx g RECEIVED MAR 13 0 2017 COMMA ix.IWOPM UM March 30, 2017 DEPT OF PUBLIC WOIZKS 615 N.Lynndaie Drive. OSHKOSH, WISCONSIN P.O.Box 1297 Appleton,Wisconsin 54812-1287 City of Oshkosh Phone(820)731.4168 Attention Peter Gulbronson, PE, CDT- Fax (820)731-5673 P.O. Box 1130 Oshkosh, WI 54903-1130 Re: Water Filtration Plant survey City of Oshkosh, Wisconsin Peter, Thank you very much for allowing us to provide this quote on your project. The cost to complete the boundary survey of the water filtration plant property in the City of Oshkosh including drafting of the state required survey drawing would be approximately$2650.00. The property would be bounded by the four public streets. We.did not include the portion of the.property to the East of Lakeshore Drive in our estimate. Let us know if we were to include that area and we can adjust our estimate accordingly. We are currently about 2 weeks out on our field schedule.;lf you have a: specific date by which you need the field work and/or drawing completed, please let us know and we would do everything we can to meet those timelines. I am sure you understand that Mother Nature can cause delays which we cannot control.9f you would like us to proceed with this work, please sign and date below and return a copy of this proposal to our office. Thank you again and I look forward to working with you on your project. Please call if you have any questions. Sincerely, Robert F. Reider, PLS Fed I.D. No. 39-1925932 Please proceed, dated Residential Lots• Farm Acreage Surveys'• Commercial&Industrial Surveys• Topographic&Land Title Surveys• Mapping Residential Planning • Subdivisions • Legal Descriptions• Building Staking• constnjction Staking• Condominium Plats R_t=,CE,IVE "? /1 P K 1. 2 2017 DEPT OF PUBLIC WORKS All O S H I O S H, WISCONSIN COMPANY.INCORPORATED �,T SURVEYING 615 N.Lynndale Drive. C /p� 1� P.O.Box 1297 on,Wisconsin 2017 BILLINGRATAppl Phone(920)731-41, 81297 Fax (920)731-5673 TYPE OF SERVICE RATE PER HOUR 1 MAN CREW WITH GPS/ROBOTICS $135.00 2 MAN FIELD CREW $190.00 2 MAN FIELD CREW WITH GPS/ROBOTICS $200.00 3 MAN FIELD CREW $260.00 3 MAN FIELD CREW WITH GPS/ROBOTICS $270.00 SENIOR SURVEYOR $110.00 SURVEYOR IN FIELD $110.00 SURVEY TECHNICIAN $ 80.00 SURVEYOR IN OFFICE $110.00 ENGINEERING MARKET CAD MAPPING $110.00 DRAFTING $ 90.00 CLERICAL $ 65.00 MILEAGE $0.55/MILE MATERIALS COST+5% Residential Lots • Farm Acreage Surveys • Commercial& Industrial Surveys • Topographic&Land Title Surveys • Mapping Residential Planning 9 Subdivisions • Legal Descriptions• Building Staking • Construction Staking • Condominium Plats 0 DATE(MM/DDIYYYY) A`co v CERTIFICATE OF LIABILITY INSURANCE 4/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONT AAME:CT Tom Sinclair N Buxton 0 Neill Insurance C�iY�� PHONE (920)734-7722 FAX No: (920)734-0111 2807 N Ballard Rd �� ADDRESS:tsinclair@buxtononeill.com TV INSURERS AFFORDING COVERAGE NAIC# Appleton WI 54911-5443 -dy22543 Insurance 22543 INSURED IRURER B: Carow Land Surveying Co., Inc. OT pv wSC�' INSURER C: P 0 BOX 1297 u�', Q�l�' INSURER D: � INSURER E: Appleton WI 54912-1297 INSURER F: COVERAGES CERTIFICATE NUMBER-.CL1741001872 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. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TY PE OF INSURANCE POLICY NUMBER MM/DD/YYYY MMIDDIYW X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO TENTD A CLAIMS-MADE F x]OCCUR PREMISES(Ea occuE ence) $ 100,000 X CG2037 or Equivalent X BP3266427 4/13/2017 4/13/2018 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY[�]jEa [:]LOC PRODUCTS-COMP/OP AGG $ 4,000,000 I OTHER: $ AUTOMOBILE LIABILITY COaa accidentSINGLE LIMIT $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNEDSCHEDULED AUTOS AUTOS X CA3266428 4/13/2017 4/13/2018 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY $ HIRED AUTOS AUTOS e I Uninsured motorist BI-single $ 1,000,000 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000 ([C. A EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1,000,000 X RETENTION 10 000 X CU3266430 4/13/2017 4/13/2018 $ 4. WORKERS COMPENSATIONX IP STATUTE OERH I AND EMPLOYERS'LIABILITY — l.. ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N NIA E.L.EACH ACCIDENT _$ 500,000 OFFICERIMA (Mandatory In H)EXCLUDED? WC3266429 4/13/2017 4/13/2018 E.L.DISEASE-EA EMPLOYE $ 500,000 (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 i �i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are included as additional insureds for general liability, auto liability, and umbrella liability arising out of work perfomed for the City of Oshkosh per policy forms. CERTIFICATE HOLDER CANCELLATION ttaylor@ci.oshkosh.wi.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1130 Oshkosh, WI 54903-1130 AUTHORIZED REPRESENTATIVE Tom Sinclair/TOM f�Z ��• •__ .� .- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY _ ADDITIONAL INSURED WRAP �- covC� _ This Endorsement modifies insurance provided under the following: App .1 a 201 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Yv13LIC WORKS BUSINESSOWNERS LIABILITY COVERAGE FORM TDCvT Ol' W tSCONSIN OSHKOStt, With respect to coverage provided by this Endorsement,the provisions of the Coverage Form apply unless modified by this Endorsement. Additional Insured provisions provided in this endorsement contain equivalent language to Insurance Services Office Endorsements CG 20 10 07 04 and CG 20 37 07 04. If a written contract or written agreement between you and the additional insured specifies that coverage for the additional insured form be provided by Endorsements CG 20 10 07 04 and/or CG 20 37 07 04,this endorsement shall be interpreted to comply with such requirement, but only to the extent that such coverage is included within the terms of the Coverage Part to which this endorsement is attached. A. Additional Insured When Required By Written Construction Contract 1. Operations Performed For An Additional Insured WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract or written agreement prior to a loss,that such person or organization be added as an additional insured on your policy. Such 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 for the additional insured. A person's or organization's status as an additional insured under this provision ends at the earlier of when your operations for that additional insured are completed; or the end of the policy period. 2. Limitations The Operations Performed For An Additional Insured coverage is limited as follows: a. 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 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; or (2) Supervisory, inspection, architectural or engineering activities. b. This insurance does not apply to"bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished 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 work"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 engaged in performing operations for a principal as a part of the same project. c. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy,whichever is less.These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. If other insurance available to you and written by us is applicable to this additional insured,the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. ILE 1037 Includes copyrighted material of Insurance Services Office,with its permission Page 1 of 3 1105 ©2011,SECURA Insurance Companies d. This insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. B. Additional Insured When Required By Written Construction Contract—Completed Operations 1. Additional Insured—Completed Operations WHO IS AN INSURED is amended to include as an additional insured any person or organization,when you and such person or organization have agreed in a written contract or written agreement prior to a loss,that such person or organization be added as an additional insured on your policy, but only with respect to"bodily Injuryor 'property damage'caused, in whole or in part, by"your work" performed for that additional insured and included in the"products-completed operations hazard". 2. Limitations The Additional Insured-Completed Operations coverage is limited as follows: a. A person or organization's status as an insured under Additional Insured-Completed Operations continues only until the earlier of the end of the policy period; or the period of time required by the written contract or written agreement. If no time period is required by the written contract or written agreement, a person or organization's status as an additional insured under this endorsement will not apply beyond the lesser of the end of the policy period; or five years from the completion of your work" on the project which is the subject of the written contract or written agreement. b. The insurance as provided to the additional insured does not apply to"bodily injury", "property damage"or"personal and advertising injury"arising out of"your work"for which a consolidated (wrap-up)insurance program has been provided by the prime contractor-project manager or owner of the construction project in which you are involved. c. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy,whichever is less.These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. If other insurance available to you and written by us is applicable to this additional insured,the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. d. The coverage provided to the additional insured by this endorsement and by paragraph f. of the definition of"insured contract"under DEFINITIONS do not apply to"bodily injury"or"property damage"arising out of the"products-completed operations hazard"unless required by the written contract or written agreement. e. This insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. C. Primary And Noncontributory As respects the coverage provided under this endorsement,the Other Insurance Condition is amended as follows: The paragraph regarding Excess Insurance is deleted and replaced with the following: Excess Insurance This insurance is excess over any other insurance available to the additional insured whether primary,excess, contingent or on any other basis unless the written contract or written agreement described in A. and B. above specifically requires that this insurance be either primary or primary and noncontributory.Then this insurance is primary and not contributing with any insurance available to the additional insured which covers that person or organization as a named insured. D. Waiver Of Transfer Of Rights Of Recovery Against Others To Us As respects the coverage provided under this endorsement,the Transfer Of Rights Of Recovery Against Others To Us Condition is amended by adding the following: We waive any right of recovery we may have to recover we make for all or part of any payment we have made under this Coverage Part arising out of"your work" under a written contract or written agreement IL.E 1037 Includes copyrighted material of Insurance Services Office,with its permission Page 2 of 3 1105 ©2011,SECURA Insurance Companies requiring such waiver with that person or organization. However, our rights may only be waived prior to the"occurrence"for which we make payment under this Coverage Part.The insured must do nothing after a loss to impair our rights.At our request,the insured will bring"suit' or transfer those rights to us and help us enforce those rights. E. Amendment—Aggregate Limits Of Insurance(Per Project) Under LIMITS OF INSURANCE shown on the Declarations, the General Aggregate Limit applies separately to each of your projects away from the premises owned by you or rented to you. This extension does not apply to the"products-completed operations hazard". F. Additional Condition The following condition is added: Additional Insured Duty To Notify The additional insured described in A. or B. above must give written notice of loss, including a demand for defense and indemnity,to any other insurer having coverage for the loss under its policies. Such notice must demand full coverage available and the additional insured shall not waive or limit such other available coverage. This additional condition does not apply to the insurance available to the additional insured which covers that person or organization as a named insured. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. ILE 1037 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 3 1105 ©2011,SECURA Insurance Companies � „ . � 9 � ... i kfG �k � �� �.,��,.� ak � � S �� �..,� r W p� �