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HomeMy WebLinkAboutKL Engineering N. Koeller Street & Oshkosh Avenue roundabout modifications • '131—I3Lv AGREEMENT This AGREEMENT, made on the lb day of 2019, by and between the CITY OF OSHKOSH, party of the first part, here' fter referred to as CITY, and KL ENGINEERING, INC., 5400 King James Way, Suite 200, Madison, WI 53719, 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 ENGINEERING SERVICES FOR NORTH KOELLER STREET AND OSHKOSH AVENUE ROUNDABOUT MODIFICATIONS. ARTICLE I. PROIECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Kelly Greuel, P.E., PTOE—Project Manager B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: Justin Gierach, P.E.—Engineering Division Manager/City Engineer 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. 1:\Engineering\2018 CONTRACTS\1R-14 Oshkosh Ave Area\Proje t_Infurmation\Contract Page 1 of 7 fo\Consultant-Contractor Agreements\KL Eng-Roundabout Design\18-14 KL Eng Agreement_4-1R- l9.doc 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. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. 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 VII. 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. I:\Engineering\2018 CONTRACTS\18-14 Oshkosh Ave Area\Project_Information\Contract Page 2 of 7 Info Consultant-Contractor Agreements\KL Eng-Roundabout Design\18-14 KL Eng Agreement_4-18- 19.dooc ARTICLE VIII. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSULTANT will, if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE IX. CITY'S INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all project work including the value of all onsite CITY-furnished equipment and/or materials associated with CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of such policy. ARTICLE X. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Proposal. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees 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 1:\Engineering\2018 CONTRACTS\18-14 Oshkosh Ave Area\Project_Information\Contract Page 3 of 7 Info\Consultant-Contractor Agreements\KL Eng-Roundabout Design\18-14 KL Eng Agreement_4-18- 19.docx 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 XI. 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 April 15, 2019 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 XII. 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 $10,850 (Ten Thousand Eight Hundred Fifty Dollars). • Attached fee schedule 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:\Engineering\2018 CONTRACTS\18-14 Oshkosh Ave Are.\Project_Infonnation\Contract Page 4 of 7 Info Consultant-Contractor Agreements\KL Eng-Roundabout Design\18-14 KL Eng Agreement_4-18- 19.do« 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 XIII. 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 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. ARTICLE XIV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. I:\Engineering\2018 CONTRACTS\18-14 Oshkosh Ave Area\Project-lnfonnation\Contract Page 5 of 7 Info\Consultant-Contractor Agreements\KL Eng-Roundabout Design\18-14 KL Eng Agreement_4-1S- 19.docx ARTICLE XVIII. 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 leath„ YudY B . *L1 WI at L , Lena.y (Seal of Consultant P gEsi o AJ T if a Corporation) ������a`L\,\�4 (Specify Title) PO" 1111 teis PAULA L. * LINDQU I' i SA- ,,/k 's (Specify Title) �91 OF WISc ' �l®i6\otaia�`o`�® CITY OF OSHKOSH By: �'7'4 (Witness) Mark A. Rohloff, City Manager And: -- ?L.Pjk (Witness) Pamela R. Ubrig, City Cl rk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. CUlki — y torn iley City Comptroller I:\Engineering\2018 CONTRACTS\18-14 Oshkosh Ave Area\Project_Informaflon\Contract Page 7 of 7 Info\Consultant-Contractor Agreements\KL Eng-Roundabout Design\18-14 KL Eng Agreement_4-18- 19.dooc Engineering5400 King JamsyI Madison, W!53719 1A1 Better Experience 608.663.1218 Toll Free: 800.810.4012 www.klengineering.corn RECEIVED April 15, 2019 APR 16 2019 Steven Gohde, PE Asst. Director Public Works/City Engineer DEPT OF PUBLIC WORKS City of Oshkosh — Department of Public Works OSHKOS}i, WISCONSW 215 Church Avenue, Room 301 Oshkosh, WI 54901 RE: Proposal for Engineering Services — N Koeller Street & Oshkosh Avenue Roundabout Modifications Dear Steven: KL Engineering, Inc. is pleased to provide you with this proposal for engineering services to perform roundabout design for the N Koeller Street & Oshkosh Avenue intersection. The following attachments are included with this letter, and should be considered part of our contract for engineering services: • Attachment A— Contract Assumptions and Scope of Services • Attachment B — Billing Schedule The total cost for the services under this contract will be billed on an hourly basis utilizing the enclosed billing schedule with a maximum cost of$10,850.00 We look forward to working with you on this project. Please let us know if you have any questions regarding this proposal. Sincerely, KL Engineering, Inc. 7 UV Ara_tui Kelly Greuel, P.E., PTOE Project Manager K:1Conlracts,Munnpal\Cdy of Oshkosh\Oshkosh Ave RAB\Proposal Letter.docx Contract Assumptions and Scope of Services • Traffic Engineering and Roundabout Design Services N Koeller Street & Oshkosh Avenue Roundabout Modification Project Oshkosh, Wisconsin April 15, 2019 This document describes contract assumptions and provides a scope of services to perform roundabout design services for the modifications to the north leg of the N Koeller Street & Oshkosh Avenue roundabout in Oshkosh, Wisconsin. This scope of services consists of coordination, traffic engineering, roundabout design, and traffic design tasks. General Project Understanding and Assumptions Project Background: • The project includes modifying the north leg of the N Koeller Street & Oshkosh Avenue roundabout as described in the Oshkosh Avenue Area Traffic Impact Analysis, February 2018 report. • The roundabout modifications include reconfiguring the north leg of N Koeller Street from a single lane to a two-lane approach, consisting of a right-turn lane and a thru/left lane. • The modifications to the north leg will require sidewalk modifications to accommodate the new geometrics, along with signing and pavement marking updates. • Improvements will be limited to the north leg, it is not anticipated that other modifications will be needed to the other intersection approaches or the existing roundabout. • All roadway and roundabout intersections will be designed to meet Wisconsin Department of Transportation standards. • Geometric design, pavement marking, and signing modifications for the roundabout will be completed by KL Engineering. Project Delivery and Administration • This proposal assumes the City of Oshkosh will provide field surveyed base mapping and CAD files for the project. Field surveyed project data includes topography, utility locations, and right-of-way boundaries. • This proposal assumes the City of Oshkosh will complete the overall project design, except for items included in this scope of services. City of Oshkosh will compile and prepare the bidding documents for advertisement. • KL Engineering will provide CAD in AutoCAD 2018 format. • This proposal is based on completing plans for one (1) letting to be advertised no later than June 2019. • This proposal includes up to one (1) meeting with project stakeholders during the design phase. • This proposal does includes providing a support role during the construction phase of the project. Scope of Services Roundabout Design • Intersection Design Requirements — Includes coordination with City of Oshkosh to establish a design vehicle, critical freight movements, bike, and pedestrian accommodations. • Horizontal Geometric Design — Includes developing final horizontal geometric roundabout layout and CAD linework. Horizontal layout and CAD linework will be provided to City of Oshkosh for completing final plans and bidding documents. • Vertical Geometric Design — Includes coordination with City of Oshkosh to provide guidance, review, and quality control for vertical geometric roundabout design. This task includes providing support to develop roundabout typical sections, profiles, intersection grading and sloping. • Construction Documents — Includes providing roundabout construction details and specifications to City of Oshkosh for inclusion into the final bidding documents. Incidental Design Items • Roundabout Design Tasks— Includes design, plans, and specifications for incidental roundabout design items including: K.1Contracts\Municipar\City of Oshkosh\Oshkosh Ave RAB\Altachment A-Scope of Services docx 1 of 2 o Pavement marking o Permanent signage o Street lighting • Construction Documents— Includes developing plan sheets, specifications, and estimate of construction costs for the items listed above. Project Delivery, Administration, and Construction • This proposal includes up to twelve (12) hours to provide administrative support, address contractor inquiries during advertisement, and to provide technical support during construction. K\Contracts\MunicipahCity of Oshkosh\Oshkosh Ave RAB\Attachment A-Scope of Services.docx 2 of 2 MEngineering IA]Better Experience STANDARD BILLING RATE SCHEDULE EFFECTIVE JANUARY 1, 2019 Standard Billing Rates Administration $65.00 Limited Term Employee $45.00 Engineering Technician I $67.00 Engineering Technician II $77.00 Senior Engineering Technician $90.00 Surveyor $70.00 Registered Land Surveyor $105.00 Environmental Specialist $110.00 Electrical Designer/Inspector $110.00 Transportation Planner $110.00 GIS Specialist $110.00 Registered Landscape Architect $130.00 Engineer I $83.00 Engineer II $94.00 Project Engineer $105.00 Senior Project Engineer $125.00 Project Manager $130.00 Senior Project Manager $140.00 Principal $155.00 Expenses Out-of-pocket direct job expenses at cost (reproductions, sub-consultants, equipment rental, etc) Travel Expenses Company or Personal Car Mileage IRS rate Lodging and Subsistence at cost Billing and Payment Travel time is charged for work required to be performed out-of-office. Invoicing is on a monthly basis for work performed. Payment for services is due within 30 days from the date of the invoice. An interest charge of 1.5% per month is made on the unpaid balance starting 30 days after the date of the invoice. This schedule of billing rates is effective January 1, 2019 and will remain in effect until December 31, 2019 unless unforeseen increases in operational costs are encountered. We reserve the right to change rates to reflect such increases. Rev. 01/01/19 K.\Acct\HR\Billing Rates\BILLRATE2019.dOcx Client#: 53322 KLENGINE ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/06/2019 .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 have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Trudy Henry Greyling Ins. Brokerage/EPIC PHHONrE,Ext).770.552.4225 (q/C,No): 866.550.4082 3780 Mansell Rd. Suite 370 ADDRESS:E-MAIL trudy.henry@greyling.com Alpharetta, GA 30022 -RECEIVED INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Sentinel Insurance Company 11000 t7 /{} INSURED MAY "19 INSURER B:Hartford Casualty Ins.Co. 29424 KL Engineering, Inc. INSURER c: 5400 King James WayDEpT OP PUBLIC WORKS Suite 200 \�ISCOMIN wsuRERD: OSHKOSH, INSURERS: • Madison,WI 53719 INSURER F: COVERAGES CERTIFICATE NUMBER: 18-19 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 TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER jMM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 20SBWPI4176 10/01/2018 10/01/2019 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR PREMISESO(Eaoccu ante) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECOT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 20UEGAU6903 10/01/2018 10/01/2019 Ea accideDtSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY $ (Per accident) A X UMBRELLA LIAB X OCCUR 20SBWP14176 10/01/2018 10/01/2019 EACH OCCURRENCE $3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED X RETENTION$10000 $ B WORKERS COMPENSATION 20WBGAB6WR7 10/01/2018 10/01/2019 X PER OTH- AND EMPLOYERS'LIABILITY ANY /N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Oshkosh is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation & professional liability where required by written contract. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, 30 days'written notice (except 10 days for nonpayment of premium)will be provided to the Certificate Holder. CERTIFICATE HOLDER CANCELLATION City of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1130 215 Church Avenue AUTHORIZED REPRESENTATIVE Oshkosh, WI 54903 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #51579474/M1203535 THEN2 This page has been left blank intentionally. ' POLICY NUMBER:2OUEGAU69o3 COMMERCIAL AUTOMOBILE INSURED: KL Engineering,Inc. HA 99 16 03 12 ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN CONTRACT This is a summary of the coverage provided under the following form (complete form available): COMMERCIAL AUTOMOBILE COVERAGE FORM HA 99 16 03 12 Additional Insured if Required by Contract Paragraph A.1. -WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for"bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who is and Insured with regard to the ownership, maintenance or use of a covered "auto." Primary and Non-Contributory Only with respect to insurance provided to an additional insured in 1.D. —Additional Insured If Required by contract, the following provisions apply: 1) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance Clause. 2) Primary and Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other that this insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by method described in Other Insurance 5.d. Waiver of Subrogation We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payment we make for damages under the Coverage Form. Rev 7.15 Page 1 of 1 This page has been left blank intentionally. POLICY NUMBER: 205BWP14176 BUSINESS LIABILITY COVERAGE INSURED: KL Engineering,Inc. SS 00 08 04 05 ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for"bodily injury" or"property damage" included within the "products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit. With respect to the insurance afforded to the additional insured, 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 failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b) Supervisory, inspection, architectural or engineering activities. The lim its of insurance that apply to additional insureds are described in Section D. Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: When You Add Others As An Additional Insured To This Insurance: That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary,we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance,this insurance is primary and we will not seek contribution from that other insurance. Rev 5.14 Page 1 of 2 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs (a)and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Waiver of Subrogation If you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev5.14 Page2of2