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HomeMy WebLinkAbout5.944 AmendmentI REVISED SCOPE OF WORK II TIME OF PERFORMANCE AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND PERTEET, INC. PROJECT 08 -03B Pi qif RELATING TO: THE CITY'S TRANSPORTATION INFRASTRUCTURE pp THIS AMENDMENT NO. 1 is made and entered into this 2.,L ' day of Oda e-✓ 2009, by and between THE CITY OF PORT ANGELES, a non - charter code city of the State of Washington, (hereinafter called the "CITY ") and Perteet, Inc., a Corporation authorized to do business in the State of Washington (hereinafter called the "CONSULTANT "). WHEREAS, the CITY entered in to an AGREEMENT with the CONSULTANT on May 13, 2009, (the AGREEMENT) and WHEREAS, the CITY desires to amend the AGREEMENT to amend the Scope of Work, Budget, and Time of Performance. NOW, THEREFORE, in consideration of the representations and the terms, conditions, covenants and agreements set forth in the original AGREEMENT and this AMENDMENT, the parties hereto agree as follows: The amended scope of professional services to be performed and the results to be achieved by the CONSULTANT pursuant to the AGREEMENT shall be amended to read as shown in the attached Exhibit A. The Scope of Work shall include all services and material necessary to accomplish the work. The work for each Task shall be completed according to the schedule in the attached Scope of Work, so that all work must be completed by December 31, 2009. Work is authorized for Task 1 and 2 and the Notice to Proceed will be issued immediately upon execution of Amendment No. 1. The initial effort shall be limited to a maximum expenditure of $15,000. The remaining $99, 540 of work identified in this scope will be authorized as directed by the City. The CITY and the CONSULTANT will mutually agree which elements of this scope shall move forward under the initial $15,000 authorization. N \PROJECTSTEMA 1817 -DR -WA 2009 Winter Storm \05 Consultant Agreements \Perteet Contract Amendment\Amendment No. 1\Amendment Nol to 08- 0313.doc Amendment No. 1 to Perteet Agreement, 08-03B Page I of 2 III MAXIMUM COMPENSATION The CONSULTANT'S total compensation and reimbursement are stated in the attached Exhibit B. The budget for any Task may be further adjusted by mutual agreement without an amendment to the Agreement, as long as the maximum compensation amount of $15,000 is not exceeded. IV SIGNATURES Except as modified herein, the original Agreement and Exhibits A and B shall remain in effect. In WITNESS THEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement as of the day and year first written above. CITY OF PORT ANGELES: MAYOR U CONSULTANT: � � o) ,CL LE: EXEC. V1 pR-S I DEN 1' APPROVED AS TO FORM: CITY ATTORNEY ATTEST: Amendment No. 1 to Perteet Agreement, 08 -03B ( /14141.0461 ( 4 5/ 2- CIT LERK N: \PROJECTS \FEMA 1817 -DR -WA 2009 Winter Stonn \05 Consultant Agreements\Perteet Contract Amendment\Amendment No. (\Amendment Nol to 08- 03B.doc Page 2 of 2 INTRODUCTION The CITY of Port Angeles proposes to construct repairs to damage caused by storm events along the Olympic Discovery Trail (ODT) in areas located within the CITY's Urban Growth Boundary. Scoping and preliminary design has been completed in accordance with the original agreement. Agreement No. 1 adds to the scope for the permitting of the two sites as well as preparing plans, specifications and estimate for the Armor Stone Repair site. This agreement involves: • Preparing environmental documentation and permitting for the ODT for the removal of the soil failures and armor stone repair (riprap replacement),and • Preparing plans for the ODT Armor Stone Repair hereinafter referred to as riprap repair. With the exception of the CONSULTANT preparing the environmental documents and permitting for the removal of the slope failure along the ODT, the CITY shall be responsible for all design and plans preparation as necessary for the removal of the soil failures along the ODT. TIME FOR COMPLETION All work shall be completed by March 1, 2010, with the permits in hand by February 1, 2010. During the term of this Contract Perteet Inc. (CONSULTANT) will perform professional services as detailed below. SCOPE OF SERVICES TASK 1 PROJECT MANAGEMENT Activities • Provide continuous project management administration throughout the project. • Prepare monthly billings, progress reports, and updated monthly project schedule. • Communicate with key CITY staff every week with regular scheduled telephone calls as required to review project status and coordinate activities for current work tasks. • Conduct internal project coordination meetings with team. Deliverables: • Invoice and project reports submitted monthly in hard copy form via US Mail. TASK 2 ENVIRONMENTAL Objectives Exhibit "A" SCOPE OF SERVICES Amendment No. 1 PORT ANGELES OLYMPIC DISCOVERY TRAIL Port Angeles FEMA Repair Projects - ODT Page 1 The CITY of Port Angeles proposes to construct repairs to damage caused by storm events along the ODT in areas located within the CITY's Urban Growth Boundary. This task entails the environmental permitting required for the following two projects: ODT Slide Repairs (FEMA 1817): Repairs to fifteen (15) landslide areas that have impacted the trail with slide material that has filled the existing ditch along the south side of the trail. Work in these areas includes re- establishing the ditch line by removing the slide debris from the ditch and the additional slide material that is likely to re -fill the ditch upon removal of the material in the ditch. The work also includes removal of the selected trees and debris that are larger than 4 inches in diameter and re- establishment of low -level vegetation. ODT Rinran Repairs (FEMA 1825): Reconstruction of the riprap revetment where it has been partially and completely destroyed and to the trail where the underpinnings of the trail have been compromised. On the north side of the trail, portions of the existing riprap revetment were damaged during the December 2008 storm event. In some areas, the riprap revetment was completely destroyed, but most of the damaged areas consisted of losing some of the riprap revetment. In the areas where the riprap was completely destroyed, minor damage also occurred to the trail. This consists of trail undermining damage as well as damage to the trail's asphalt. In the areas where the riprap was completely destroyed, the riprap will be replaced with manufactured rock, placing hot mix asphalt where the asphalt trail was damaged; placing a filter fabric along the existing slope; installing a foot of quarry spalls; and installing a five foot deep section of heavy loose riprap. Permitting requirements: It is anticipated that local and state environmental review and permitting will be required for this project. Federal review under NEPA will be either be exempt, completed by FEMA, or completed by the CITY. If NEPA services are requested, these shall be considered under a supplemental scope. All permits and approvals that are anticipated are listed as: • US Amy Corps of Engineers Permit 404 (JARPA) or NWP • Washington State DOE Water Quality 401 (JARPA) • Washington State Department of Fish and Wildlife Hydraulic Permit Approval (JARPA) • SEPA (lead agency is Clallam County) • Shoreline Substantial Development Permit and Conditional Use Permit or exemption (Clallam County) • Critical Area Permit (Clallam County) • Biological Assessment The CONSULTANT will work with the CITY to obtain all permits required for the projects. Activities 1.0 Field Reconnaissance The CONSULTANT will perform a site visit to the areas proposed for slope and revetment repairs. The CONSULTANT shall confirm the Ordinary High Water Mark (OHWM) or Median Higher High Watermark (MHHW), document existing conditions, document slope and wetland conditions (if any) and assess the impacts of the proposed Port Angeles FEMA Repair Projects - ODT Page 2 project on the shoreline. If the OHWM or MHHW has been established and the line shall be flagged and a GPS utilized for mapping purposes. Assumption: • A maximum of three (3) days of field work is assumed. 2.0 Local Permits 2.1 The CONSULTANT shall prepare a SEPA environmental checklist for the CITY of Port Angeles' review. 2.2 The CONSULTANT shall prepare a Critical Area Mitigation Plan consistent the critical area regulations contained in the Clallam County Code (CCC). The Mitigation Plan shall address impacts and proposed mitigation to fish and wildlife habitat and geologically hazardous areas, The Plan shall reference the recommendations made under task 2.5. 2.3 The CONSULTANT shall prepare a permit application for a Shoreline Substantial Development Permit and Conditional Use Permit, consistent with the , permit application requirements established by Clallam County. The application shall utilize the JARPA form. 2.4 The CONSULTANT shall prepare the submittal for a Critical Area Permit from Clallam County, consistent with the County's permit application requirements. 2.5 The CONSULTANT shall prepare a geotechnical report consistent with Clallam County's critical areas report requirements. The report shall assess the geologically hazardous areas as defined by the CCC. The report shall make recommendations for slope and landslide stability, which shall be appended to the Mitigation Plan as described in Task 2.2 above. Assumptions: • The Clallam County will issue a SEPA Determination of Nonsignificance for this project. CITY staff shall be responsible for any needed lead agency coordination with Clallam County. • Only one draft and one final version of each of the permit items described above will be produced. Deliverables: • Draft SEPA Environmental Checklist with a vicinity map and site map • Final SEPA Environmental Checklist • Critical Area Permit application • Critical Area Mitigation Plan • JARPA form (HPA, Army Corp, Water Quality and other pertinent permits) • Shoreline plan and associated application materials • Geotechnical report • Coastal Zone Management Consistency 3.0 State and Federal Permits 3.1 The CONSULTANT will prepare a biological assessment (BA) of the project's likely effects on species that are listed as threatened or endangered Port Angeles FEMA Repair Pro{ects - ODT Page 3 ,• t under the Endangered Species Act. NOAA Fisheries, USFWS, WDFW and WDNR databases will be consulted. The BA will provide a discussion of the habitat needs of listed species, document any occurrences in the project area, and provide documentation for an effect determination for listed species. The BA will be submitted to the Army Corps of Engineers for review and forwarded for federal resource agency concurrence. It is assumed that the effect determination will be "May affect, but not likely to adversely affect." Should a determination of "No effect" be made, a lower level of documentation will be required. 3.2 The CONSULTANT shall apply for Section 404 Permit from the Army Corps of Engineers (COE) for fill within United States waters. This will include compiling information on the required permit, completing necessary permit and technical applications, preparing mitigation measures, and coordinating with the COE to monitor the review of the Section 404 Permit application. Consultant will prepare for submittal for the Section 404 Permit by preparing a JARPA form and 8.5 -inch by 11 -inch plans (standard COE submittal requirement) to accompany the form. This permit will cover ditch jurisdiction by the Corps and required documentation. 3.3 The CONSULTANT shall apply for an HPA for the Washington Department of Fish and Wildlife (WDFW) for any activity affecting the bed or flow of State Waters. This will include compiling information on the required permit, completing necessary permit and technical applications, preparing mitigation measures, and coordinating with the WDFW to monitor the review of the permit application. Application will be made using the above referenced JARPA form. It is assumed that the above referenced 8.5 inch by 11 inch plans will be submitted to accompany the JARPA form and no other plans will be required. 3.4 The CONSULTANT shall apply for Section 401 Water Quality Certification from the Washington State Department of Ecology (Ecology). Ecology will review the project water quality information and the specific permit type issued by the COE to determine if an Individual Certification is required. The submittal will include compiling information on required approvals, completing necessary approval and technical applications, preparing additional studies as necessary, and coordinating with Ecology and Corps to monitor the review of Section 401 Certification application. 3.5 The CONSULTANT shall prepare a Coastal Zone Management Consistency notice for the State Department of Ecology. It is assumed that no additional follow up for this task will be required. Assumptions: • The project shall permitted by the Army Corps as a Nationwide Permit (NWP). Preparation of an Individual permit, if required, shall be prepared under a separate scope. • The Army Corps, 1-[PA and 401 Certification shall utilize the JARPA application form. • One field visits, with WDFW and other Regulatory Agency staff, will occur as part of this Work Element. • The scope and budget allows for one (1) round of review comments from the CITY and associated revisions. Port Angeles FEMA Repair Projects - ODT Page 4 • The scope and budget allows for one (1) round of review comments from federal and state agencies, and associated responses. • The Army Corps submittal plan set shall include no more than 20 individual sheets. Deliverables: • Draft JARPA form and associated application materials • Final JARPA form and associated application materials. 4.0 Historic and Cultural Resources — (CITY) The CITY has on staff its own archaeologist, has inventoried the sites, and therefore will be responsible for preparing reports, forms and permits for this activity. The CITY shall write and submit all permits as appropriate. The CONSULTANT shall provide a scope of the projects, which shall include a project description and methods of construction, to the CITY archaeologist. Deliverables: • Scope of projects • DAHP EZ Form (City) • Executive Order 05 -05 or 01 -06 Exemption Request (City) Port Angeles FEMA Repair Projects - ODT Page 5 Classification Principal /Sr. Associate Senior Engineer/ Manager Engineer III TT2 Senior Planner Ecologist 3 / Planner 2- Planner 1 Lead Engineer Clerical Accountant Project: City's Transportation infrastructure Project 08 -03B - - -ODT Riprap & Slide Permit Client: City of Port Angeles Perteet,Inc. Con Fee Determination _- 'Summary Sheet' Total Hours REIMBURSABLES : CADD Color Copies Mileage @ current,federal rate GIS Misc. GRAND TOTAL: Authorized under Amendment #1 Exhibit "B" REMAINING TO BE AUTHORIZED Hours Rate 16 x $175.00 = 107 x $165.00 = 160 x $120.00 = 92 x $95.00 = 42 x $160.00 = 262 x $115.00 = 102 x $100.00 = 72 x $80.00 = 9 x $140.00 = 48 x $70.00 = 6 x $80.00 = 916 Hourly Cost $920 $0 $385 $1,260 $170 = SUB - CONSULTANTS: Terracon $ 3,850 Casne.Biological Services $ 1;659 = Cost $2,800 $17,655 $19,200 $8,740 $6,720 $30,130 $10,200 $5,760 $1,260 $3,360 $480 $106,305 $2,735 5,500.00 $114,540 $15,000 $99,540 Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment in June of each calendar year. .Prepared By : Mike Horton Date: 9/29/2009 Perteet, Inc. Consultant Fee Determination - Summary Sheet Project: City's Transportation Infrastructure Project 08 -03B - - -ODT Riprap Client: City of Port Angeles Classification Hours Rate Cost Principal /Sr. Associate 16 x $175.00 = $2,800 Senior Engineer/ Manager 107 x $165.00 = $17,655 Engineer 111 160 x $120.00 = $19,200 TT2 92 x $95.00 = $8,740 Senior Planner 42 x $160.00 = $6,720 Ecologist 3 262 x $115.00 = $30,130 Planner 2 102 x $100.00 = $10,200 Planner 1 72 x $80.00 = $5,760 Lead Engineer 9 x $140.00 = $1,260 Clerical 48 x $70.00 = $3,360 Accountant 6 x $80.00 = $480 Total Hours 916 Exhibit "B" REIM BURSABLES: CADD $920 Color Copies $ Mileage @ current federal rate $385 GIS $1,260 Misc. $170 = SUB - CONSULTANTS: Terracon $ 3,850 Casne Biological Services $ 1,650 = GRAND TOTAL: Authorized under Amendment #1 REMAINING TO BE AUTHORIZED Hourly Cost $106,305 $2,735 $ 5,500.00 $114,540 $15,000 $99,540 Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay Employee compensation is subject to adjustment in June of each calendar year. Prepared By : Mike Horton Date: 9/29/2009 Classification REIMBURSABLES: ,CARD 'Color Copies ;Mileage @ current federal rate GIS 1Misc. SUB- CONSULTANTS: 'Terracon Carne Biological Services Perteet, Inc. Consultant Fee Determination - Summary Sheet Project: City's Transportation Infrastructure Project 08-03B ---ODT Riprap Client: City of Port Angeles Associate 1 j 0 x $175.00 1— $0 Senior Engineer/ Manager 28 x $165.00 ; $4,620 Engineer III 10 ' x ; $120.00 = i $1,200 Technician III ■ 6 1 x $95.00 — $570 Senior Planner 10 x $160.00 = $1,600 'Ecologist III 6 x $115.00 4= $690 1Plannerll 6 i x $100.00 ;_ $600 Planner I i 6. x $80.00 !_ $480 Lead Engineer 1 C x $140.00 = $140 Clerical 0 ; x $70.00 = $0 Accountant 6 ; x $80.00 �_ $480 Total Hours 79 TASK 1 Hours Rate Cost Hourly Cost _ 110,380] $0 j $170 TASK 1 TOTAL: _ $10,550 Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment in June of each calendar year. Prepared By: Mike Horton Date: October 1, 2009 C: \Documents and Settings \mhorton \Local Settings \Temporary Internet Files \Content.Outlook \NMDLT757 \Hourly FEE Spreadsheet for ODT riprap TASK 1 200900804 V4 Page 1 $170 'Project: City's Transportation Infrastructure Project 08 -03B - -ODT Riprap Client: City of Port Angeles Classification Associate Senior Engineer/ Manager (Engineer II1 Technician III Senior Planner Ecologist 1II !Planner II 1Planner1 ,Lead Engineer Clerical Accountant REIMBURSABLES: Total Hours Perteet, Inc. Consultant Fee Determination - Summary Sheet TASK 2 Hours Rate Cost CARD — —, - $60 , Color Copies $ 'Mileage @ current federal rate $200 ;GIS $1,260 ;_ 'Misc. SUB-CONSULTANTS: Terracon Casne Biological Services 0 ! x $175.00 , _ $0 7 x $165.00 _ $1,155 0 x $120.00 = $0 0 ! x $95.00 = $0 32 ( x $160.00 !— $5,120 256 i x $115.00 = $29,440 84 � x $100.00 = $8,400 66 � x $80.00 = $5,280 o x $140.00 1= $0 12 ' x $70.00 I_ $840 0 x ; $80.00 _ $0- TASK 2 TOTAL: 457 _ ;Hourly Cost ) _ — $50,235 3,850 i 1,650 r A $1,520 5,500.00 $57,255 Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment in June of each calendar year. Prepared By: Mike Horton Date: October 1, 2009 C: \Documents and Settings \mhorton \Local Settings \Temporary Internet Files \Content.0utlook \NMDLT757 \Hourly FEE Spreadsheet for ODT riprap TASK 2 200900804 V4 Pagel Perteet, Inc. Consultant Fee Determination - Summary Sheet Project: City's Transportation Infrastructure Project 08-03B ---ODT Riprap Client: City of Port Angeles Classification Associate Senior Engineer/ Manager Engineer III Technician III Senior Planner Ecologist III Planner II Planner I Lead Engineer ,Clerical ;Accountant REIMBURSABLES: CAD!) Color Copies Mileage @ current federal rate GIS Misc. SUB - CONSULTANTS: Terracon ; Carne Biological Services TASK 3 TOTAL: Total Hours 380 TASK 3 Hours Rate Cost 16 ! x $175.00 I= 72 , x : $165.00 !_ 150 1 x $120.00 = 86 ; x $95.00 0, x $160.00 i= 0 ' x $115.00 12 x $100.00 �_ 0 ; x $80.00 = $0 8 ' x $140.00 $1,120 36 I x $70.00 = $2,520 _ OJ x ` $80.00 = $0 iHourly Cost ; $860 $0 $185 C: \Documents and Settings \mhorton \Local Settings \Temporary Internet Files \Content.0utlook \NMDLT757 \Hourly FEE Spreadsheet for ODT riprap Task 3 200900804 V4 Pagel $2,800 $11,880 $18,000 $8,170 $0 $0 $1,200 $45,690 $1,045 J $46,735 Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment in June of each calendar year. Prepared By: Mike Horton Date: October 1, 2009 ACORM CERTIFICATE PRODUCER Kibble & Prentice, a USI Co. P.O. Box 370 Seattle, WA 98111 206 441 -6300 INSURED COVERAGES Perteet, Inc. P.O. Box 1186 Everett, WA 98206 -1186 A GENERAL LIABILITY 6807251 L042 12/31/08 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE © OCCUR J GEN'L AGGREGATE LIMIT APPLIES PER: GA 7 POLICY rid I !' Ii LOC A AUTOMOBILE LIABIUTY X X X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS /UMBRELLA LIABILITY OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? II yes, describe under SPECIAL PROVISIONS below B OTHER Professional Liability CERTIFICATE HOLDER City of Port Angeles Attn: Jim Mahlum 321 E. 5th St. Port Angeles, WA 98362 Client #: 326377 BA6778L235 DPR9616601 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: Port Angeles FEMA Project. The Certificate Holder is named as an Additional Insured on the Genera Liability Policy, with respects to operations of the Named Insured per form CG D3 81 09 07. ACORD 25 (2001/08) 1 of 2 #54056426/M3903470 6807251L042 12/31/08 12/31/09 ( WA Stop Gap ) PERTEINC OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 1 INSURER A: Travelers Indemnity Company of CT I INSURER B: XL Specialty Insurance Company I INSURER C. INSURER D: INSURER E: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I TYPE OF INSURANCE POLICY NUMBER N5R �uu'yy I POLICY EFFECTIVE POLICY EXPIRATION I LIMITS LTR NSRtl DATE (MM /DD/YYl DATE (MM /DD/YYl 12/31/08 12/31/09 06/27/09 06/27/10 12/31 /09 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) I MED EXP (Any one person) PERSONAL & AOV INJURY GENERAL AGGREGATE PRODUCTS - COMP /OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY' I EACH OCCURRENCE IAGGREGATE EA ACC AGG T RY IMITS I X I PR DATE (MM/DD/YYYY) 10/08/09 NAIC # 25682 37885 $1.0 $1.000.000 $10,000 $1.000,000 $2.000,000 $2,000.000 51,000,000 $ I E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE • EA EMPLOYEE $1 ,000,000 E.L. DISEASE • POLICY LIMIT $1,000,000 $2,000,000 per claim S2,000,000 annl aggr. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4c DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE MXTJU 0 ACORD CORPORATION 1988 f ACORD 25 -S (2001/08) 2 of 2 #S4056426/M3903470 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. COMMERICAL 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 (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are Tess. This endorsement does not increase the limits of insurance stated in the LIMITS OF CG D3 81 09 07 INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed, after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8: Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- Page 2 of 2 erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission.