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HomeMy WebLinkAboutJewell Associates EngineersAGREEMENT This AGREEMENT, made on the � J day of Ol l 2020, by and between the CITY OF OSHKOSH, party of the first part, hereinafter r erred to as CITY, and JEWELL ASSOCIATES ENGINEERS, INC., 560 Sunrise Drive, Spring Green, WI 53588, 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 CITY OF OSHKOSH PARKING LOT ASSESSMENT UPDATE. ARTICLE I. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Scott Whitsett, P.E. — Senior Vice President 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: Jim Collins — Director of Transportation 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. I:\Engineering\J CONTRACfg\Jewell-Packing Lot Assess Update\Jewell Agreement -Parking Lot PageIof7 Assess Update_12-29d9.doa 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. 1AEngineering\2020 CONTRACB\Jewel-Parking Lot Assess Update\Jewell Agreement -Parking Lot Assess Update_12-27-19.d. Page 2 of 7 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 C\Engineeringk= CONTRACTS\Jewell-parking Lot Assess Update\Jewell Agreement -Puking Lot Page3of7 Assess Update_12-2]-19.do 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 December 20, 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: • Lump Sum Not to Exceed $15,000 (Fifteen Thousand Dollars). 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. 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. 1:\Engineerin9\202000N C75\Jewel-Parking Lot Assess Update\Jewell Agreement -Parking Lot Assess Update_12-D-19.doa Page 4 of 7 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. STANDARD PROVISIONS The CONSULTANT agrees that, in all hiring or employment made possible by or resulting from this AGREEMENT, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ARTICLE XIV. 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 XV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. L\Engineering\= CONTRACMUmeR-Parking Cot Assess Update\Jewell Agreement -Parking Lot Page 5 of 7 Assess Update 12.2Y-19.doa ARTICLE XVI. 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 XVII. 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 XVIII. 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. 1:\Engineering\2 CONTRACCS\Jewell-Parking Lot Assess Update\Jewell Agreement -Parking Lot Assess Updste_12-D-19.d. Page 6 of 7 ARTICLE XIV. 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: (Seal of CONSULTANT if a Corporation) (Witness) (Witness) APPROVED: Owl• ►IYr�ii►�L CONSULTANT Sr vsze r DEkF (Specify Title) (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. City Comptroller 1.\EngineerOg\2@E CONTRACTS\Jewell-Parking Lot Assess Update\Jewell Agreement -Parking Lot Assess Update_12-29-19.doa Page 7 of 7 PROPOSAL Project: City of Oshkosh Parking Lot Assessment Update Client: City of Oshkosh Client Address: 926 Dempsey Trail, Oshkosh, WI 54902 Contact: Jim Collins, Director of Transportation Phone:(920) 232-5342 ■ ■ ■ JEIII IL associates engineers, Inc. En91neers-AicFi-1. Surveyors DEpr DEC 2 02419 OSHKOOpsly" Ic Iv W/Sct,ys N s Description of Services to be performed: Engineering services for updating the City of Oshkosh municipal parking lot assessment. This proposal includes 2 meetings (1 prior to start if needed and 1 for submittal); Reassessment of all parking lots that were included in the 2015 report; Updating the 2015 report with the new assessments and updating the 10-year maintenance plan. ■ 0 ■ Assumptions: This agreement is subject to the following assumptions/conditions: Local permits for this project (zoning, building, etc.) will be obtained by the Client with information provided by the Consultant. All permit fees will be paid by the Client. Wisconsin State plan review fees are not part of this agreement. No Federal permits are anticipated for this project. Cultural, historic, archeological, or wetland assessment investigations or site remediation activities are not included. Cost of printing drawings and documents for bidding and construction are not part of this agreement. Compensation for these services will be as follows: ❑ Lump Sum: $ 15,000.00 Services will be billed monthly based on work completed to date, with invoices being due within 30 days of invoice date. Schedule: To be determined by the client. Estimated completion date May 1, 2020. 560 Sunrise Drive, Spring Green, W753588 phone: 6081538-7484 fax: 608/588-9322 JCVVCL� A4��� CERTIFICATE OF LIABILITY INSURANCE DAM(MMIDDNYYY) 12/119/2019 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(les) 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 to rights the certificate holder in lieu of such endorsements . PRODUCER (S0B-588-7027 Schwarz Insurance - S.G. ^cT Rana Hughey PHONE PHONE Est),608-588-7027 FAX 6O6ar88-2437 UUC, No): 157 W. Jefferson Street RO. Box 879 _ _ _ Spring Green, WI 53588-0879-- D�� ss:rhug sc warzins.com SURERSAFFORDNGCOVERAGE NAICtl Nadene M. Litscher RECEIVED INSURER AISecura COm Danies 22543 = INSURED Jewell Associates Engineers 2 3 2019 Spring INSURERS:DEC Green, WI 53588 INSURER C: INSURER DI DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN INSURERS: INSURER F --"""—^"""' KCVISIVN NUM tlfaK: 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. I R A X TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLNMSMADEOCCUR tXA�G503/Proj IADL ManWVr, X SUB POLICY NUMBER 3219060 rPOLICY EFF 03/01/2019 M POLICYEXP 03/0112020 LIMITS EACH OCCURRENCE $ 1,000,000 DAMAGETO RENTED $ 500,000 GENT MED MY one 10,000 person) PERSONAL& ADVINJURY g 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY ❑X JELT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 RODU MP/O GG 2,000,000 A A AUTOMOBILE X X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS NUTOS ONLY 00SI NLY UMBRELLA LIAR X OCCUR EXCESS LIAR CLAIMS -MADE X 3219061 CU3219063 03/01/2019 03/01/2019 03/01/2020 COMBINdEDSINGLELIMIT $ 1,0002 BODILY INJURY Per persom BODILY BOODILY INJURY Per accident $ �OrecEcRJ.nt AMAGE $ EACH OCCURRENCE $ $ 2,000,000 03/01/2020 AGGREGATE q 2,000,000 DED X RETENTION$ 10,000 A WORKERS COMPENgATION ANO EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YI OFFICdE1RIMEMBER EXCLUDED? (Man atory In �N�H1I TIES RIPTION under DESCRIPTION OF OPERATIONS below N i A C3219062 X PER OTH- 03/0112019 03101/2020 E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE -EA EMPLOYEE $ 100,000 E. .DISEASE. POLICY OMIT f 500,000 DESCRIPTIONOF OPERATIONSI LOCATIONS IVEHICLES (ACORDI01, Addltlonal Remarks Schedule, maybe attached If more apace is required) Additional insured included when required by written contract on primary & noncontributory basis as respect to ggeneral liability, including on -going & completed operations, as per form CGE1037(enclosed), and auto liability per formCAE0131(enclosed): City of Oshkosh, its officers, council members, - agents, employees or authorized volunteers. CITY-12 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. 215 Church Avenue P.O. Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh, WI 54903-1130 Nadene M. Litscher ©1988-2015 ACORD CORPORATION. All rights reserved I ne ACUKU name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. AUTO ADDITIONAL INSURED WRAP This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. AUTOMATIC ADDITIONAL INSURED— PRIMARY AND NONCONTRIBUTORY SECTION II — COVERED AUTOS LIABILITY COVERAGE, subsection A. Coverage, paragraph 1. Who Is An Insured is amended to add: d. (1) Automatic Additional Insured— Primary And Noncontributory Any person or organization is an additional insured when you and such person or organization have agreed in writing prior to a loss that such person or organization be added as additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury" or "property damage" resulting from the ownership, maintenance or use of a covered "auto", provided the "bodily injury' or "property damage" is caused, in whole or in part, by you or bythose acting on your behalf. This insurance is primary and is not contributing with any other insurance carried by the additional insured. (2) Blanket Lessor Additional Insured Provisions If the additional Insured is a lessor of a "leased auto"; (a) Coverage I. Any "leased auto" that is a covered "auto" will be considered a covered "auto" you own and not a covered "auto" you hire or borrow. For a covered "auto" that is a "leased auto" Who Is An Insured is changed to include as an "Insured" the lessor. ii. The coverages provided under this endorsement apply to any "leased auto" until the policy expiration date, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. (b) Loss Payable Clause I. We will pay, as interest may appear, you and the lessor for "loss" to a "leased auto". ii. The insurance covers the interest of the lessor unless the "loss" results from fraudulent acts or omissions on your part. iii. If we make any payment to the lessor, we will obtain his or her rights against any other party. (c) The lessor is not liable for payment of your premiums. (d) Additional Definition As used in this endorsement: "Leased auto" means an "auto" leased or rented to you including any substitute, replacement or extra "auto" needed to meet seasonal or other needs, under a leasing or rental agreement that required you to provide direct primary insurance for the lessor. CAE 0131 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 1 of 2 15,08 0 2016, SECURA Insurance Companies B. WAIVER --TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV— BUSINESS AUTO CONDITIONS, subsection A. Loss Conditions, paragraph 5. Transfer Of Rights Of Recovery Against Others To Us is amended to add: We waive any right of recovery we may have against any person or organization when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be waived from recovery because of payments we make for injury or damage arising out of an "accident" and resulting from the ownership, maintenance or use of a covered "auto". However, our rights may only be waived prior to the "accident" for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. CAE 0131 Includes copyrighted material of Insurance Services Offices, Inc., with its permission. Page 2 of 2 1508 © 2015, SECURA Insurance Companies THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED WRAP This Endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this Endorsement, the provisions of the Coverage Part apply unless modified by this Endorsement A. Additional Insured When Required By Written Agreement 1. Operations Performed For An Additional Insured WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in a written agreement prior to a loss, that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions, or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this provision ends at the earlier of when your operations for that additional insured are completed; or the end of the policy period. 2. Limitations The Operations Performed For An Additional Insured coverage is limited as follows: a. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities, b. This insurance does not apply to "bodily injury" or "property damage" occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other :han another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. c. The Limits of Insurance applicable to the additional insured are those specified in the written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. If other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. d. This insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. CGE 1037 Includes copyrighted material of Insuraice services Office, with its permission Page 1 of 3 1301 0 2013 SECURA INSURANCE, A Mutual Company B. Additional Insured When Required By Written Agreement —Completed Operations I. Additional Insured —Completed Operations WHO IS AN INSURED is amended to include as an additional insured any person or organization, when you and such person or organization have agreed in a written agreement prior to a loss, that such person or organization be added as an additional insured on your policy, but only with respect to "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for that additional insured and included in the "products -completed operations hazard". 2. Limitations The Additional Insured - Completed Operations coverage is limited as follows: a. This insurance does not apply to "bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. b. A person or organization's status as an insured under Additional Insured - Completed Operations continues only until the earlier of the end of the policy period; or the period of time required by the written agreement. If no time period is required by the written agreement, a person or organization's status as an additional insured under this endorsement will not apply beyond the lesser of the end of the policy period; or five years from the completion of "your work" on the project which is the subject of the written agreement. c. The insurance as provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury"arising out of "your work' for which a consolidated (wrap-up) insurance program has been provided by the prime contractor -project manager or owner of the construction project in which you are involved. d. The Limits of Insurance applicable to the additional insured are those specified in the written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. If other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. e. The coverage provided to the additional insured by this endorsement and by paragraph f. of the definition of"insured contract" under DEFINITIONS do not apply to "bodily injury" or "property damage" arising out of the "products-compleled operations hazard" unless required by the written agreement f. This insurance does not apply if the person or organization required to be added as an additional insured is specifically named as an additional insured under any other provision of, or endorsement added to this policy. C. Primary And Noncontributory As respects the coverage provided under this endorsement, the Other Insurance Condition is amended as follows: The paragraph regarding Excess Insurance is deleted and replaced with the following: Excess Insurance This insurance is excess over any other insurance available to the additional insured whether primary, excess, contingent or on any other basis unless the written agreement described in A. and B. above specifically requires that this insurance be either primary or primary and noncontributory. Then this insurance is primary and not contributing with any insurance available to the additional insured which covers that person or organization as a named insured. CGE 1037 Includes copyrighted material of Insuralce Services Office, with its permission Page 2 of 3 1301 0 2013 SECURA INSURANCE, A Mutual Company D. Waiver Of Transfer Of Rights Of Recovery Against Others To Us As respects the coverage provided under this endorsement, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended by adding the following: We waive any right to recover all or part of any payment we have made under this Coverage Part arising out of your ongoing operations or "your work" done under a written agreement requiring such waiver with that person or organization. However, our rights may only be waived prior to the "occurrence" for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. E. Amendment — Aggregate Limits Of Insurance (Per Project) Under LIMITS OF INSURANCE shown on the Declarations, the General Aggregate Limit applies separately to each of your projects away from the premises owned by you or rented to you. This extension does not apply to the "products -completed operations hazard". F. Additional Condition The following condition is added: Additional Insured Duty To Notify The additional insured described in A. or B. above must give written notice of loss, including a demand for defense and indemnity, to any other insurer having coverage for the loss under its policies. Such notice must demand full coverage available and the additional insured shall not waive or limit such other available coverage. This additional condition does not apply to the insurance available to the additional insured which covers that person or organization as a named insured. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. CGE 103T Includes copyrighted material of Insurance Services Offce, with its permission Page 3 of 3 1301 0 2013 SECURA INSURANCE, A Mutual Company JEWEASS-01 AMJOHNSO CERTIFICATE OF LIABILITY INSURANCE DATE(mmroomvY) 12/20/2019 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 INSURD BY 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 cc d ions 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 endorsemen a. PRODUCER Johnson Insurance Madison— - 525 Junction Road -- Madison, WI 53717 RECEIVED _ CON CT Elizabeth Gaida NAM PHONE A/C, No, Eat), (608) 203-3897 FA/c No:�877) 254-8686 E-m.egaida@johnsonflnancialgroup.com INSURED Jewell Associates Engines J Greg Jewell, PresiderVETT"?5F PUBLIC WORKS INSURER A: CNA In INSURER B: INSURER C: 7::n 560 Sunrise Drive OSHKOSH, WISCONSIN Spring Green, WI 53588 INSURERD, INSURER E: INSURER F: 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 ADDL S—UBF POLICY EFF POLICY EXP POUCYNUMBER UNITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE EACH OCCURRENCE $ DAMAGE TO RENTED o $ MED EXP orle arson S GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ JECT LOG OTHER: PERSONALS ADV INJURY $ GENERAL AGGREGATE PRODUCTS -COMP/OPAGG AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT r $ OWNED SCHEDULED AUTOS ONLY AUppTO$ AUTOSONLY AUTO NLB BODIL INJURY Per emm BODILY INJURY Per awident s POPP Een DAMAGE $ UMBRELLA LMB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE g DED RETENTIONS NEMPLOYERS'OMLBII AND LIABILITY ANYPROPRIETORIPARTNER/EXECUrmE YIN DFFntlICER/MEMBER EXCLUDED? a ory in N ) N/A PER OTH- E.L EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYE $ p A If yes, dwcdW urmer DESCRIPTION OF OPERATIONS below Professional Liabili Professional Llabfli AEH288369764 EH288369764 4/27/2019 4127/2019 4/27/2020 4/27I2020 Each Claim roLlcr LIMIT Aggregate 1,000,000 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) CCOTICI!`A TC Linr nve SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 Church Ave ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1130 Oshkosh, WI 64903-1130 1 AUTHORIZED REPRESENTATIVE ACORn 9519n1RIm1 v raoo-Au 10 HwrcU UUKPUKA LION. All rights reserved. The ACORD name and logo are registered marks of ACORD