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HomeMy WebLinkAboutAmendment 1, McMahon & Oshkosh/ N.Main to New York 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. Mike Simon Date: July 3, 2017 McMahon Engineers/Architects Subject: Executed Contract Amendment No. 1 PO Box 1025 Design of North Main Street from Neenah, WI 54957-1025 New York Avenue to Murdock Avenue—Contract 13-25 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 Contract Amendment No. 1 These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is the executed Contract Amendment No. 1 for the North Main Street Design agreement. If you have any questions, please contact us. City Clerk's—Original cc: _File—Original Signed: Tracy . aylor I:\Engineering\2013 CONTRACTS\13.25 N Main St Reconst-Des\Project_Information\Contract Info\Consultant Agreements\13.25 McMahon LOT-Executed CA✓1 7-3-17.docx AMENDMENT NO.I The CITY OF OSHKOSH,hereinafter referred to as CITY, and MCMAHON ASSOCIATES, INC.,PO Box 1025, Neenah, WI 54957, hereinafter referred to as the CONSULTANT, entered into an agreement for DESIGN OF NORTH MAIN STREET FROM NEW YORK AVENUE TO MURDOCK AVENUE on April 9,2013. Paragraph C in ARTICLE VII. PAYMENT included the provision that 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. THEREFORE, the CITY and the CONSULTANT agree to insert the following paragraph after the first paragraph in ARTICLE III. SCOPE OF WORK: The CONSULTANT shall provide the services described in the CONSULTANT's Amendment No. I to Scope of Work dated April 4,2017. The CITY and the CONSULTANT further agree to insert the following bullet point after the first bullet point in Paragraph A of ARTICLE VII. PAYMENT: 0 Payment for Amendment No. 1 shall be a Time and Materials Sum not to exceed$79,511 (Seventy Nine Thousand Five Hundred Eleven Dollars). All other terms contained within the April 9,2013 agreement remain unchanged and in effect. In the Presence of: CONSULV C-1110. ,V_yll J10 By: ,P44) Cc (Seal of ConsultMht Mitt L.. if a Cor ,p0\,A �?orlat" h (SpecifTitle) By: 53 A ''UBUG (Specify Title) % CITY OF OSHKOSH By: ,m< (Witness) M rk A.Rohloff,City Manager And: (Witness) ehe'-JR." 1 Jerk (o APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which which will accrue under this Agreement. Ci�A&rney J City Comptroller 1:\Engineering\2013 CONTRACTS 13-25 N Main St Reconst-Des Project-information\Contract Page 1 of 1 Info\Consultant Agreements\McMahon CA#1-Des Serv-6-15-17.docx Design Engineering Services N. Main Street,City of Oshkosh AMENDMENT No. 1 TO SCOPE OF WORK DESIGN ENGINEERING SERVICES____ N. MAIN STREET, CITY OF OSHKOSH--- ?ECEIVED Original Contract Date=April 9,2013 0 2011 Amendment Date=April 29,2016 Revised Amendment Date=April 4, 2017DEPT OF pUBLIC WOttitiS OSHKOSH, WISCONSIN I. Background and Purpose The contract scope of services was based on the City's Request for Proposals for the N. Main Street project dated February 22, 2013. During the design process, it was determined that alterations to the contract scope of services would be required in order to meet the Wisconsin Department of Transportation(WisDOT)requirements for federally funded projects. City staff was informed of the additional services in June of 2014 with a formal amendment request submitted on August 25, 2014. Supplemental documentation was then submitted on August 26, 2014 and September 4, 2014 at the request of City staff. At that time, there was still budget remaining on the original time and expense contract, and no action was taken by City staff in regards to the amendment. In June of 2015 the original time and expense contract budget was exceeded. A meeting was held on August 25, 2015 to revisit the original amendment submittal. At the request of City staff, a revised amendment request was provided on September 4, 2015 to update the time and expense contract amount. Changes to the original project scope, and related additional services, continued throughout the design process in the time after the updated amendment request was submitted in September of 2015. These services were required in order to meet the requirements of this federally funded project, and the City of Oshkosh. At the direction of City staff, it was agreed to consolidate all additional services into a single amendment request so that the City Council would only need to address one amendment for the entire project. On April 5, 2016, the preconstruction conference for N. Main Street was held; attending this meeting completed the requirements of the design contract. II. Summary of Additional Services The following additional services were required in order to complete the design of the project in accordance with WisDOT and federal funding guidelines. 1.) Design Changes Due to Implementation of FHWA's new sidewalk policy The original design concept for the project was based on direction provided by City staff at the design kick-off meeting held in April of 2013. The intent was to design City of Oshkosh Amendment No.I April 4,2017—Page 1 Design Engineering Services N.Main Street,City of Oshkosh the roadway in such a way that would allow as much of the existing sidewalk as possible to remain in place. This design concept was consistent with the project goal of minimizing impacts to the abutting historical properties as well as the other properties along the project. The plan and plat were completed by McMAHON to the point where all impacts to the historical properties could be determined in accordance with the project schedule. The plan was needed so that Heritage Research(the City's consultant for historical services) could begin preparing their assessment of effects document and keep the project on schedule for 2015 construction. Refer to item number 2 below for additional information regarding the historical properties. In February of 2014, after preparation of the plans described above, WisDOT provided information about a new FHWA policy for existing sidewalks on federally funded projects. FHWA's new policy requires all existing sidewalks that will remain in-place after construction to meet the requirements of the American's with Disabilities Act accessibility guidelines (ADAAG) for cross slope. Based on the original survey information provided by the City, approximately 60% to 70% of the existing sidewalk did not meet ADAAG cross slope requirements, i.e. the cross slope exceeded 2 percent. In order to meet the time line for 2015 construction, City staff then directed McMAHON to develop a new plan that would remove and replace the non-conforming sidewalk as identified by the survey; conforming sidewalk would remain in place with this design concept. The City's initial survey for the project was not intended to measure the cross slope of each individual 5-ft x 5-ft sidewalk square. In order to ensure that the ADAAG requirements were being met, City staff performed an additional field review/survey of the entire project to check each individual square with a"smart"level. This survey was completed in April of 2014 after the frost was out of the ground to ensure an accurate reading. It was determined at that time that the majority of the existing sidewalk along N. Main Street did not meet the new ADAAG requirements and would need to be removed and replaced. In addition,because all sidewalks are now being replaced, the sidewalk alignment was shifted so that the back of sidewalk would be on the RW line in accordance with the City's policy. The revised sidewalk alignment resulted in the sidewalk shifting approximately 0.5-ft on the west side of the roadway and 0.5-ft to 1.0-ft on the east side; at some locations on the east side the sidewalk shift exceeded I-ft. McMAHON was then directed to redesign the project again to incorporate this new design concept of total replacement and revised alignment. This final design concept of replacing all sidewalks and shifting the sidewalk to the RW line resulted in significant impacts to the abutting properties. The impacts resulted in the removal and replacement of steps,removal and replacement of retaining walls and planters, driveway transitions beyond the RW, additional grading on private property, additional easements, additional encroachments that required resolution, etc. These changes also required modifications to the right-of-way plat. City of Oshkosh Amendment No.l April 4,2017—Page 2 Design Engineering Services N.Main Street,City of Oshkosh Due to the potential impacts to the historic properties resulting from the final design concept, and the extended evaluation period required by the reviewing agencies, the project was then rescheduled by WisDOT for 2016 construction. 2.) Additional Services Required for Historical Studies and Section 106 Review. At the time of the City's solicitation of proposals for the project,the presence of any historic properties adjacent to the project was not fully known. The only services included in the original contract were to assist the City with soliciting the services of a professional historian if it was determined that a historical survey was required. The project was originally scheduled for 2014 construction based on the assumption that the project could be added to the"screening list for historic resources";the screening list is for projects that do not require a historic resource survey. During the design process it was determined by the State Historical Preservation Office(SHPO)that an architectural history survey would be required for the N. Main Street project. The history survey was completed by Heritage Research. The survey identified 24 properties within the project limits as being either on or eligible for the National Register. Due to the presence of these properties and the federal procedures necessary to evaluate the impacts on these properties, the project was then moved to 2015 construction. The revised design concept resulted in an adverse effect to these historic properties which required additional time for the completion of the Section 106 process and the environmental document. Heritage Research prepared an Assessment of Adverse Effects document as part of their agreement with the City to evaluate the negative impacts to the historic properties. The presence of the historic properties and the anticipated negative impacts to them required extensive coordination between McMahon, the City, Heritage Research, and WisDOT in order to complete the Section 106 Review process and the environmental document. The results of the Section 106 process resulted in additional design considerations to mitigate impacts to the historic properties. Coordination with Heritage Research was required throughout their discussions with the owners of the historic properties which occurred throughout the assessment of effects documentation process. 3.) Preparation of Section 4(f) Evaluations and Additional Requirements for Preparation of the Environmental Document. Due to the findings in the Heritage Research assessment of effects document, WisDOT made the determination that in order to have enough time to complete the Section 106 process, which includes the preparation of Section 4(f) documents, the project would be moved to 2016 construction. Section 4(f) stipulates that the Federal Highway Administration(FHWA) and other DOT agencies cannot approve the use of land from publicly owned parks, City of Oshkosh Amendment No.l April 4,2017—Page 3 Design Engineering Services N. Main Street,City of Oshkosh recreational areas, wildlife and waterfowl refuges, or public and private historical sites unless the following conditions apply: a) There is no feasible and prudent alternative to the use of land. b) The action includes all possible planning to minimize harm to the property resulting from use. The presence of the historic properties along N. Main Street and the anticipated impacts to these properties required the preparation of a section 4(f) evaluation to evaluate the impacts to each historic property. 4.) Design Services Resulting From Modifications to the WisDOT design procedures Throughout the design process additional services were required that were due to changes in the WisDOT design procedures that occurred after the original contract was submitted. The time and expense budget included in the original contract was based on the requirements of the WisDOT Facilities Development Design Manual that was current at the time the contract proposal was submitted to the City in March of 2013. Following is a summary of additional services that were required as a result of these modifications: • Proprietary Product Justification(PPJ): WisDOT requires that PPJ's be submitted for any proprietary items that the City wants incorporated into the project. PPJ's were required for various traffic signal, street lighting, sanitary sewer, storm sewer, and water main items where the City specified specific material brands,models etc. that were needed to meet City standards. • Estimate Documentation Report: Detailed cost estimate report and documentation with a regression analysis required for each item. There were approximately 270 bid items that required evaluation for inclusion in the report. • Storm Sewer Design Requirements: City provided the storm sewer sizing information for the project for incorporation into the plans. WisDOT design guidelines now require that a 24-inch minimum storm sewer size be used unless the City provides documentation that shows smaller sizes are OK. After design was completed, the City made the decision to switch to the 24-inch minimum pipe size. Plan modifications were required to make this change. • Additional Environmental Requirements: WisDOT now requires that special consideration be given to the Northern Long Eared Bat. This required additional coordination with City staff for tree clearing operations, additional coordination with utilities, and modifications to the contract special provisions. City of Oshkosh Amendment No.l April 4,2017—Page 4 Design Engineering Services N.Main Street,City of Oshkosh 5.) Additional Services Resulting from Requested Modifications During the design process additional services were required due to design modifications requested by the City. Following is a summary these additional services: • The original plans, specifications, and estimate (PS&E) was submitted to the DOT in Madison on November 1, 2015. This PS&E submittal was set up for the contractor to purchase and install the traffic signals at both the Murdock Avenue and New York Avenue intersections. On February 15, 2016, the City informed us that they had purchased the traffic signals for the New York Avenue intersection in order to expedite the opening of the N. Main St. /New York Ave. This change required the preparation of a contract addendum with changes to all of the PS&E exhibits. • As part of the right-of-way acquisition process, the City's real estate acquisition agent entered into agreements with property owners along N. Main Street that required changes to the plans and special provisions after the initial PS&E submittal. These changes were made as part of the contract addendum for the traffic signals. • The City has been experiencing problems with street lighting on the section of N. Main Street located immediately south of the project limits. City staff made the decision to correct these changes as part of the N. Main Street project. This required plan and special provision changes after the initial PS&E submittal. These changes were made as part of the contract addendum for the traffic signals. • Modifications to New York Avenue Intersection: Several alternatives were provided as part of the original scope of services for the project. The proposed alternative was approved by City staff on May 27, 2014. The selected design concept included bike lanes on New York Avenue; this concept was approved as part of the WisDOT Trans75 document. The plans for bike lanes on New York Avenue were eliminated later in the design process. This required an amendment to the Trans75 document as well as additional coordination with WisDOT. • Traffic Signal Improvements for the Intersection of N. Main and Murdock Avenue: The original contract scope of services was based on maintaining the existing traffic signals at their current location at the Murdock Avenue intersection. During design the City made the decision to replace all signals and related equipment at the south approach. This included installing a new traffic signal controller with additional provisions that would be utilized when the remaining signals at the other approaches are replaced in the future. A traffic signal plan was prepared for this intersection. City of Oshkosh Amendment No.l April 4,2017—Page 5 Design Engineering Services N.Main Street,City of Oshkosh 6.) Additional Project Administration Services. The project schedule included with the original contract called for a February, 2014 PS&E date with a May 2014 bid opening, and 2014 construction. The project schedule was later revised to a November,2015, PS&E date with a March, 2016 bid opening, and 2016 construction. This 22 month extension of the contract time is a result of the extended Section 106 process and the impacts to the historical properties along N. Main Street that required evaluation. This extension required additional project administrative time including extended coordination with the City, DOT, utilities, DNR, etc. 7.) Revised Schedule. The original contract was based on completing the majority of the services in 2013 in accordance with the requirements of the contract schedule. As a result,the time and expense budget included in the contract was based on the hourly fee schedule for 2013. Due to the revised contract schedule for the project, the majority of the hours budgeted in the original contract for completing the scope of services needed to be performed in 2014 and 2015. The applicable fee schedules for 2014 and 2015 were higher than the schedule for 2013. This resulted in additional costs to the project. IV. Compensation A. Compensation for these additional services is summarized as follows: 1.) Revisions due to FHWA's new sidewalk policy................ = $16,362 2.) Section 106 review process..........................................= $6,328 3.) Section 4(f)Evaluations and Environmental Document.........= $8,040 4.) WisDOT design procedure modifications.................. .... = $11,190 5.) Design modifications requested by City staff.................. = $22,876 6.) Project Administration............................................... = $6,944 7.) Revised Proiect Schedule . = $7,771 Total................................................................... = $79,511 Note—There were some problems with the plans and cross sections originally submitted with the PS&E. These problems were corrected at no cost to the City. The cost to modify these plan sheets is not part of the $79,511 cost of additional City of Oshkosh Amendment No.l April 4,2017—Page 6 Design Engineering Services N. Main Street,City of Oshkosh services listed above. These plan sheets were re-issued with the contract addendum for the traffic signals. B. The total estimated time and expense compensation is $301,011 (an increase of $79,511). Refer to attached exhibits for additional regarding the compensation for additional services. 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III 1SI1VIO3dS 1V1N3WNONIAN3 L9 4 P- 16 11 IS11VIO3dS 1V1N31AIN021MAN3 LL $ a� a 11SIIV133dS 1V1N31AIN0NIAN3 Z6 4 E E III lSlIN31OS 1V1N3WNOMIAN3 6L $ y m 111SUN31OS 1VANN0SIAN3 £1 $ U A N33NION3133fONd :�t SL $ 0901$ o N N 1133NION31O3f021d £6 $ m III N33NION3133f021d 906 $ Y 11 N33NION3103f021d 066 4 $ a I M33NION31nmNd o o LU $ ULU c N33NION3 f021d'NS 1£6 $ 8 N lV 111130VNVW 1O3f021d LU $ a I M39VNVW 133fONd 00'166$ � O 2130tlNVW103f021d'MS 0O N N 196 4 080'£$C/3 CD co o w m z N a w W @� 0 o� � 3 o ~ C7 m Uw E m N Z 0 O a) c m ui E m J .Gio Additional Costs Due to Revised Schedule Year Percentage Fee Used Percent Total Of increase Additional Cost Contract Used over Cost 2013 Fee Schedule 2013 12.1 $26,759.57 0% $0 $26,759.57 2014 58.9 $130,432.05 3% $3,912.96 $134,345.01 2015 29.0 $64,308.38 6% $3858.50 $68,166.88 Total 100.0 $221,500.00 $7771.46 $229,271.46 Page 1 of 1 ACO.R" CERTIFICATE OF LIABILITY INSURANCEDATE(MWDD/YYYY) `►"� 06/20/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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INSR I ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INqn WVn POLICYNUMBER MWDD/YYYY MM/DD/YY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X❑ OCCUR DAMAGE TO RENTED A 300,000 PREMISES Ea occurrence $Y N 6800H61881A 08/01/2016 08/01/2017 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 RO POLICY JEC LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y N BA7276L626 08/01/2016 08/01/2017 AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ X UMBRELLA LIAB C X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE Y N CUP8106YS75 08/01/2016 08/01/2017 AGGREGATE $ 5,000,000 DED X RETENTION 10,000 WORKERS COMPENSATION _ AND EMPLOYERS'LIABILITY Y/N X STATUTE EORH A ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? N/A N UB8847Y261 08/01/2016 08/01/2017 E.L.EACH ACCIDENT $ 1,000,000 Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1-1-0001000 (f yes,describe under I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Professional Liability N N AEX197287-0116 08/01/2016 08/01/2017 Per claim $1,000,000 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Oshkosh, and its officers, council members, agents, employees and authorized volunteers are included as Additional Insureds as respects to General Liability and Auto Liability. Umbrella/Excess Follows Form. CERTIFICATE HOLDER CANCELLATION 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. Attn: City Clerk 215 Church Avenue AUTHORIZED REPRESENTATIVE PO Box 1130 Oshkosh, WI 54903-1130 '/ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD sx ID: 14732612 BATCH: 355839 POLICY NUMBER: 680-OH61881A-16-47 ISSUE DATE: 08/01/2016 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATE® ENTITY - NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 NONRENEWAL: Number of Days Notice of Nonrenewal: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE GIVEN, BUT ONLY IF: 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS: THE ADDRESS FOR THAT PERSON OR ORGANIZ- ATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. PROVISIONS: A. If we cancel this policy for any statutorily permit- B. If we decide to not renew this policy for any statu- ted reason other- than nonpayment of premium, torily permitted reason, and a number of days is shown for nonrenewal in the schedule above, we and a number of days is shown for cancellation in will mail notice of the nonrenewal to the person or the schedule above, we will mail notice of cancel- organization shown in the schedule above. We lation to the person or organization shown in the schedule above. We will mail such notice to the will mail such notice to the address shown in the address shown in the schedule above at least the schedule above at least the number of days number of days shown for cancellation in the shown for nonrenewal in the schedule above be- schedule above before the effective date of can- fore the expiration date. cellation. IL T4 00 12 09 ©2009 The Travelers Indemnity Company Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section III) for this Coverage (Section II): pad, Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance"to in- Other Insurance in COMMERCIAL GENERAL clude as an additional insured on this Coverage LIABILITY CONDITIONS (Section IV): Part, but only with respect to liability for"bodily in- However, if you specifically agree in a contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis,this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; --. an additional insured for "bodily injury", "property after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- �� son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property ° f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance" with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the "contract or agreement requiring insur- less. This endorsement does not increase the ance" with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG 03 81 09 07 ©2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc.,with Its permission 000424 COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which-you are required to include a person or in effect; and organization as an additional insured on this Cov- c. Before the end of the policy period. Page 2 of 2 ©2007 The Travelers Companies,Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission