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HomeMy WebLinkAboutApplied Ecological Services Endangered Species/Threatened Resources 2018130 AGREEMENT This AGREEMENT, made on theday of aa� 261, by and between the CITY OF OSHKOSH, party of the first part, hereinafter4ferred to as CITY, and APPLIED ECOLOGICAL SERVICES, PO Box 256, Brodhead, WI 53520, 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 ENDANGERED SPECIES OR THREATENED RESOURCES ASSISTANCE FOR CALENDAR YEAR 2018 CAPITAL IMPROVEMENT PROJECTS. ARTICLE I. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Mark O'Leary — Principal Ecologist 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 general services described below: • On-call consulting to the CITY for compliance with Wisconsin Statute 23.27(3)(b): o Certified Endangered Resource Reviews 1: \ Engineering \ 2018 CONTRAM\ AES 2018 ER Review \ Agmement_12-20-17.doex Page 1 of 6 o Endangered Resource Surveys (only as needed, if required by the project) • Assistance relative to Wisconsin Department of Natural Resources permits that require clearance per Wisconsin Statute 23.27(3)(b): o Preparing Incidental Take (IT) Permit/Authorization applications o Developing conservation plans o Assisting the CITY to be sure that conditions of the IT Permit could be met by the City of Oshkosh This AGREEMENT is a General Services Master Agreement. Services needed will be detailed further within individual task order Project Authorizations. A sample Project Authorization form is attached to this AGREEMENT. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documents by the CITY to the CONSULTANT, and 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. 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. 1: \ Engineering \ 2018 CONTRAM \AES 2018 ER Review \ Agreement_12-20-17.docx Page 2 of 6 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 each Project Authorization. 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 VII. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts, all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Individual Project Authorization Form 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 VIII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Time and Materials Not to Exceed $20,000 (Twenty Thousand Dollars). • Attached fee schedule(s) shall be firm for the duration of this AGREEMENT. 1:\Engineering\2018 CONTRACTS\AES 2018 ER Review\Agr ment_12-20-17.dom Page 3of6 B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. All Project Authorization forms shall have a unique task code assigned. All invoices shall clearly identify invoice amount per task code. 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 IX. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify to the CITY for all sums including court costs, attorney fees, and damages of any kind which the CITY may be obliged or adjudged to pay on any such claims or demands upon 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. L\Engineering\2018 CONTRACTS\AES 2018 ER Review\Agreement_12-20-17.doc Page 4 Of 6 ARTICLE X. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XI. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGREEMENT, the CITY shall have the right to terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (10) calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this AGREEMENT. ARTICLE XII. RE -USE OF 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. 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, litigation expenses and attorney's fees arising out of or related to the unauthorized re -use, change, or alteration of these project documents. ARTICLE XIII. SUSPENSION, DELAY, OR INTERRUPTION OF WORK 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 be equitably adjusted. I:\Engineering\2018 CONTRACTS\AES 2018 ER Review\Agreement_12-20-17.docx Page 5 Of 6 ARTICLE XIV. NO THIRD -PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third -party beneficiaries. In the Presence of: c�- (Seal of Consultant if a Corporation.) :GF:%ii :IANE C. JACKSON otary Pubti-Minnesota ommission Expires Jan 31, 2020 (Witness) (Witness) APPROVED: Att rney CONSULTANT By: G41 (Specify Title) 10 (Specify Title) CITY OF OSHKOSH By: Mark A. Rohloff, City Manager And: Pamela R. Ubrig, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. ,�2um A�ry-) City Comptroller 1:\Engineering\2018 CONTRACTS\AES 2018 ER Review\Agreement_12-20-17.doc Page 6 of 6 PROJECT AUTHORIZATION NUMBER ("Work Order") Owner: City of Oshkosh Department Public Works Authorized Office: 215 Church Avenue, P.O. Box 1130, Oshkosh, Wisconsin 54903-1130 Owner Authorized Representative: John Ferris, P.E., Civil Engineering Supervisor Owner Invoicing Contact: Tracy Taylor City of Oshkosh Department of Public Works PO Box 1130 Oshkosh, WI 54903-1130 Telephone No.: (920)236-5065 FAX No.: (920)236-5068 E -Mail Address: ttaylor@ci.oshkosh.wi.us Applied Ecological Services Project Number: City of Oshkosh Contract Number: The authorizing office requires performance of the following described Services: Form of Compensation: ® Time and Materials Not to Exceed: $ Additional Terms and Conditions: None Authorized Services shall be performed in accordance with the terms and provisions of the agreement between Applied Ecological Services and the City of Oshkosh, dated , 2018. This Project Authorization shall be effective only upon date of signature of an authorized representative of the City of Oshkosh. Applied Ecological Services Authorized Representative Signature Authorized Representative Name Date: City of Oshkosh Department of Public Works Authorized Representative Signature John Ferris, P.E. Authorized Representative Name Date: L\ Engineering\ 2018 CONTRACTS\AES 2018 ER Review\AES Blank Proj Auth-12-21-17.dooc Page 1 of 1 d} P`i 01 pUBLiC W OSHKOSH, W iSCON Professional Title Rate Principal Ecologist ................................ $150 — 250 / hour Senior Ecologist .................................. $110 — 160 / hour Landscape Architect .............................. $100 — 170 / hour Staff Cartographer/GIS Analyst ...................... $80 — 140 / hour Staff Ecologist ................................... $80 — 140 / hour Staff Engineer ................................... $110 — 160 / hour Associate Ecologist ............................... $50 — 80 / hour CADD/GIS Draftperson ............................ $75 — 125 / hour Technical Assistant ............................... $70— 90 /hour Clerical.........................................$60 — 75/hour Construction Manager ............................. $90 / hour Equipment Operator .............................. $75 / hour Restoration Crew Leader ........................... $75 / hour Restoration Crew Member .......................... $65 / hour Expenses Rate Transportation mileage ............................ $.60 / mile Per Diem.......................................$50/person/day GPS Equipment ................................. $250 / day Mobilization mileage (Semi with Trailer) ............... $1.05 / mile Mobilization mileage (F350 with Trailer) ............... $0.75 / mile Mobilization mileage (F350) ........................ $0.70 / mile www.appliedeco.com Equipment Rate UTV/ATV with Water Tank, Sprayer, or mower .......... $120 / day UTV/ATV.......................................$110/day Straw Mulcher................................... $300 / day Hydro M ulcher...................................$300/day Land Tamer.....................................$300/day Farm Tractor....................................$300/day Cyclone Seeder..................................$100/day Rangeland No Till Drill ............................. $175 / day Tractor Mower 7 to 15 foot ......................... $175 / day Disc/Drag/Cultipacker ............................. $120 / day Chipper........................................$600/day Herbicide — Selective/Non-Selective .................. $500 / day Mini Excavator...................................$360/day Skid Steer (medium size) .......................... $240 / day Skid Steer (large size) ............................. $360 / day Skid Steer Attachments Forestry Mower/Mulcher ...................... $360 / day Bobcat Brushcat Mower ...................... $360 / day Bobcat Power Rake ......................... $156 / day Bobcat Trencher............................$162/day www.appliedeco.com Additional Services Cost plus 15% Flight Services Lodging Supplies, maps, documents, data sets Analysis of soil and water samples Ecotoxicology samples Specialized equipment Document Services Cost plus 15% Reprographics Computer Plotting Copies and Printing CD or DVD Burning Scanning * Time spent in providing testimony for legal proceedings will be billed at double the normal hourly rate. " Interstate tolls are separate and billed at cost. • Travel labor rates are billed at half rates. • AES is a non-union shop. 'Prevailing wage" rates have not been included in the above price. Please note that our fee schedule for consulting contains ranges of fees. That is because we have multiple individuals within those categories each with different levels of education and experience. For instance a staff ecologist may be a seasoned staff member with a MS degree, 10 yrs experience and a very robust skill set or it could be a new staff ecologist with a BS, 1 yr of experience and subsequently a more limited skill set. This allows us to select the right person for a specific job based on the required skills but select them from the lowest possible staff category to better control costs for our clients. Effective November 1, 2013 www.appliedeco.com ACORO` CERTIFICATE OF LIABILITY INSURANCE DAT IiI 1/4/20D/YYYY) 1 /4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER C NTA T NAME: Alex Friedl M3 Insurance Solutions, Inc. 828 John Nolen Drive RECEIVED PHONE FAX aJc No Ext): 608.288.2898E-Mac No ADDRESS: alex.friedl@m3ins.com Madison WI 53713 PRODUCER CUSTOMER 1p #, APPLE -1 Q % N v EACH OCCURRENCE $1,000,000 V "018 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Zurich American Insurance Co. 16535 INSURER B: Tokio Marine Specialty Ins. Co Applied Ecological Services IncF PUBLIC WORKS 17921 W Smith Road SEPT O WISCONSIN INSURERC: Brodhead NY 53520-9355 OSHK�>SH' INSURER D: CLAIMS -MADE X OCCUR INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 2028094296 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MWDDIYYYY LIMITS A GENERAL LIABILITY Y GLO-0111561-02 3/1/2017 3/12018 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ X POLICY X PRO-JECT LOC A AUTOMOBILE X LIABILITY ANY AUTO Y BAP0111558-02 3/12017 3/1/2018 COMBINED SINGLE LIMIT $1000,000 (Ea accident) BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIREDAUTOS PROPERTY DAMAGE (Per accident) $ $ NON -OWNED AUTOS A X UMBRELLA LIAR X OCCUR Y AUC0111682-02 3/12017 3/12018 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ X RETENTION $ A WORKERS COMPENSATION WC -0111572-02 3/12017 3/12018 X WC STATU- OTH- TORY LIMITS FIR AND EMPLOYERS' LIABILITY Y / N ANY OFFICER/MEMBER/PARTNE EXCLUDEDE? ECUTIVE N NIA E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEd $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ B Professional/ PPK1747073 12/12017 3/12D19 Professional/Retn 5,000,OOD20,000 Pollution Liability Pollution/Retention 2,000,000/50,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are additional insured on a primary, non-contributory basis as respects General Liability, Automobile and Umbrella where required by written contract. 30 days notice of cancellation to City of Oshkosh applies. CERTIFICATE HOLDER CANCELLATION ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Oshkosh Attn: City Clerk 215 Church Avenue PO Box 1130 Oshkosh WI 54903 AUTHO ED REPRESENTATIVE �,r ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD �CF1rPi;� POLICY NUMBER: F BAP0111558-02 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM Wth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON—CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule if not shown above will be shown in the Declarations. I Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 1 a Blanket Notification to Others of Cancellation ZURICH or Non -Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. I Add'I. Prem Return Prem. i 9062000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U -GL -1521-A CW (10/12) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors Policy No. IEff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. 'GLO-0111561-02 (3/1/2017 3/1/2018 9062000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Applied Ecological Services, Inc. Address (including ZIP Code): 17921 W Smith Rd, Brodhead, WI 53520 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 11— Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. 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: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U -GL -1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV— Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U -GL -1175-F CW (04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission.