HomeMy WebLinkAboutBrown and Caldwell (3)AGREEMENT
This AGREEMENT, made on the -Tday of 2019, by and between
the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and BROWN
AND CALDWELL, 8383 Greenway Boulevard, Suite 600, Middleton, WI 53562, 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 GENERAL STORM WATER SERVICES FOR 2020.
ARTICLE I PROTECT MANAGER
A. Assignment of Project Manager. The CONSULTANT shall assign the following
individual to manage the PROJECT described in this AGREEMENT:
Jim Bachhuber — Midwest Area Stormwater Practice Leader
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:
Dan Gabrilska — Civil Engineering Supervisor
ARTICLE III. SCOPE OF WORK
The CONSULTANT shall provide the services described in the CONSULTANT's Scope
of Services and Budget. 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.
Services included in Tasks 1, 3, and 4 are detailed in the CONSULTANT'S Scope of
Services and Budget.
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Services included in Task 2 of the CONSULTANT's Scope of Services and Budget will be
detailed further within individual Project Authorizations. A sample Project Authorization form is
attached to this AGREEMENT.
All reports, drawings, specifications, computer files, field data, notes, and other
documents and instruments prepared by the CONSULTANT as instruments of service shall
become the 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.
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19.d.«
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.
ARTICLE VIII. 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 Scope of Work and
Budget.
The CONSULTANT shall perform the services under this AGREEMENT with
reasonable diligence and expediency consistent with sound professional practices. The CITY
agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any
delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT,
such causes include, but are not limited to, strikes or other labor disputes, severe weather
disruptions or other natural disasters, failure of performance by the CITY, or discovery of any
hazardous substances or differing site conditions. If the delays resulting from any such causes
increase the time required by the CONSULTANT to perform its services in an orderly and
efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule.
ARTICLE IX. 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 Scope of Services and Budget dated November 12, 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 X. 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 $59,347 (Fifty Nine Thousand Three Hundred
Forty Seven Dollars).
• Attached fee schedule shall be firm for the duration of this AGREEMENT.
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19.doa
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.
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 XI. 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 on 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.
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19.d.
ARTICLE XII. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements.
ARTICLE XIII. 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 CM 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 XIV RE -USE OF PROJECT 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 XV 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.
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19.dou
ARTICLE XVI. 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)
�.
Ps. Wes,
(Witness)
APPROVED:
EN7 '
CONSULTANT
By: L 0_ �-
CA�6., gfl Y7L4 0>y-c,.�b1
(Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By: l--Iv-/✓ram
Mark A. Rohloff, City Manager
And: `J Y
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.
v
City Comptroller
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19.d.
PROJECT AUTHORIZATION NUMBER
("Task Order")
Owner: City of Oshkosh Department Public Works
Authorized Office: 215 Church Avenue, P.O. Box 1130, Oshkosh Wisconsin 54903-1130
Owner -Authorized Representative: Dan Gabriska, Civil Engineering Supervisor
Contract: General Storm Water Services for 2020
City of Oshkosh Contract Number:
Brown and Caldwell Project Number:
The authorizing office requires performance of the following described Services:
See attached Exhibit A entitled "Scope of Services and Compensation", referencing Project
Name
Form of Compensation:
See attached Exhibit A entitled "Scope of Services and Compensation", referencing Project
Name
Additional Terms and Conditions: None
Authorized Services shall be performed in accordance with the terms and provisions of the
agreement between Brown and Caldwell and the City of Oshkosh, dated
together with this Project Authorization and any Exhibits attached hereto. This Project
Authorization shall be effective only upon date of signature of an authorized representative
of the City of Oshkosh.
BROWN AND CALDWELL
CM OF OSHKOSH
Signature: ( .1 Signature:
Name:
Title: CU c-,L— S erg zsu A%-y�
Date: \D J ba.( 1�tj
Name: Dan Gabrilska
Title Civil Engineering Supervisor
Date:
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Fom 11-V-19.doa Page 1 of 1
General Storm Water Services for 2020
11/12/19
►,rlrr_101:1IT, 19Uwa
SCOPE OF SERVICES AND BUDGET
General Storm Water Services for 2020
City of Oshkosh
Overview
RECEIVED
NOV 11 2019
DEPT OF PUBLIC WORKS
OSHKOSH, WISCONSIN
Jim Bachhuber, with support from other Brown and Caldwell (BC) staff, will continue supporting the City of
Oshkosh with ongoing needs for the storm water management program in 2020. The work will take
place between January 1, and December 31, 2020. The following services will be provided under this
agreement:
Scope of Work
Task 1: General Program Management Assistance
A. 2020 Storm Water Utility Appeals Board Meeting Assistance
1) Assist City staff with preparing materials for monthly (up to 12) Storm Water Utility Appeals Board
meetings relevant to storm water management needs of the City.
2) Attend Storm Water Utility Appeals Board meetings (up to 12) to present material, respond to
questions, and facilitate discussion at the City's request.
3) Prepare draft Appeals Board meeting summary minutes and send to City staff for review and
finalization.
4) Jim Bachhuber will attend the meetings, unless he is unavailable, then another qualified Brown
and Caldwell staff person will attend in his place.
B. Assistance with Overall Program Management
As requested by the City, BC will provide additional program management services. Additional
services may include updating the City's Storm Water Utility information brochure or other program -
related needs. Work under this task will be conducted using a "Task Order" approach. The City will
request specific tasks to be conducted, and BC will develop a scope and budget for the City's
approval to conduct the requested work.
Task 2: General Engineering and Planning Assistance
BC will assist City staff with other storm water related issues including, but not limited to: compliance with
the Storm Water (MS4) Permit; storm water pollution management assessments, potential TMDL issues,
and other related topics at the City's discretion. No work under this task will be conducted unless a Task
Order is issued with a scope and budget. The City will request specific tasks to be conducted, and BC
will develop a scope and budget for the City's approval to conduct the requested work.
Task 3: Assist City with MS4 Permit Section 3 Compliance Schedule Requirements
Section 3 of the City's MS4 Permit (May 2019) identifies a series of written "programs' the City must
submit to the WDNR by March 31, 2021. BC will assist the City with preparation of programs identified
under Section 3.4 (Illicit Discharge Detection and Elimination), Section 3.5 (Construction Site Pollution
Control), and Section 3.6 (Post -Construction Storm Water Management) of the MS4 Permit. To prepare
these programs BC will complete the following steps:
1) Interview City Staff responsible for each identified program (maximum of three (3) interviews).
Interviews will be conducted via phone/web-meetings.
2) Prepare a draft written program for each of the three (3) identified sections noted above. Provide
in an electronic format for the City for review.
3) Meet with City to discuss review comments. One (1) meeting to discuss all three (3) programs is
budgeted for this task.
4) Finalize written programs based on City review comments. Provide final written programs to City
via electronic (PDF) format.
Oshkosh 2020 General SW Services Scope final
11/12/19
General Storm Water Services for 2020
11/12/19
Task 4: Project Management
This task includes the project management necessary to make sure the project tasks remain on schedule,
on budget, and meet quality requirements.
Assumptions
The budget for the tasks described in the Scope of Work are based on the following assumptions
1. For Task 1, is it assumed that Jim Bachhuber will prepare for and attend up to twelve (12)
meetings. Assistance in preparing for, and/or attending the meeting if requested, will be provided
by Mike Wegner or other qualified staff.
2. BC will prepare meeting summaries of each Storm Water Utility Appeals Board meeting for
review and finalization by City staff.
3. The City will make available files, records, and other information necessary for BC to conduct the
scope of work at no cost to the project.
4. For Task 2, a total of 168 hours are budgeted. BC will only perform work under this task as
directed by the City of Oshkosh under a Task Order approach and will keep the City informed on
the budget status for this task.
5. The work described in this document will take place between January 1, 2020 and December 31,
2020.
6. BC will provide the City with scope, schedule, and budget language for Task Orders for approval
before performing additional services not detailed in this Scope of Services and Budget.
7. If new requested Task Orders, in combination with previously -approved Task Orders and defined
Scope of Work in this agreement, are projected to exceed the total authorized budget, an
amendment to the Agreement will be developed for approval before performing any additional
services.
Budget
This work is conducted on a time and material, not to exceed basis per the Agreement's terms and
conditions. Brown and Caldwell assumes that no direct material costs will be incurred on this project.
Therefore, the budget is based on the following task breakdown, which includes labor only:
Task
Hours
Budget
1. SW Utility Appeals Board and General Program
Assistance
98
$18,746
2. General Engineering and Planning Assistance
168
$26,740
3. Assist City with MS4 Permit Section 3 Compliance
Schedule Requirements
67
$11,147
4. Project Management
22
$2,714
Total
365
$59,347
Oshkosh 2020 General SW Services Scope final
11/12/19
Brown and Caldwell Schedule of Hourly Billing Rates - 2020
-
-
Office/Support Services l
$55 - $73
Word Processor I
Drafter Trainee
Field Service Technician)
$55 $75
Office/Support Services II
Word Processor ll
Assistant Drafter
Field Service Technician 11
$60 - $75
Office/Support Services III
Drafter
Accountant
EngineeringAide
Feld Service Technician HI
Word Processor 111
$65 - $80
Inspection Aide
Office/Support Services IV
Engineerl
Geologist/Hydrogeologist l
Accountant ll
Senior Drafter
Scientist
Word Processor IV
$80 -$105
Senior Illustrator
Senior Field Service Technician
Inspector
Engineerll
Geologist/Hydrogeologist ll
Accountant 111
inspector ll
Scientistil
PA Manger)
Lead Drafter
Area Business Operation Mgr.
$90 - $135
Lead Illustrator
Technical Writer
Word Processing Supervisor
Engineer III
Geologist/Hydrogeologist 111
Accountant IV
Inspector 111
Scientistlll
Administrative Manager
Senior Designer
$110 - $155
Supervising Drafter
Supervising Illustrator
Senior Engineer
Senior Geologist/Hydrogeologist
Principal Designer
Senior Scientist
SeniorTechnical Writer
$140 - $170
Senior Construction Engineer
Senior Engineer
Principal Engineer
Principal Geologist/Hydrogeologist
Principal Construction Engineer
Principal Scientist
Corp. Contract Administrator
$160 -$190
Supervising Designer
Supervising Engineer
Supervising Scientist
Supervising Constr. Engineer
Supervising Geologist/
Assistant Controller
$175 - $215
Supervising Engineer
Supervising Hydrogeologist
Managing Engineer
Managing Geologist/Hydrogeologist
Area Bus Ops Mgr. IV
$210 -$260
Managing Scientist
Chief Engineer
Chief Scientist
Executive Engineer
Chief Geologist/Hydrogeologist
Corp Marketing Comm. Mgr.
$220 -$300
Vice President
The rates provided in this table apply from January 1- December 31, 2020
RECENED
10V 11 2019
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BC 2020 Labor Rates.xlsx 11/5/2019
ih o CERTIFICATE OF LIABILITY INSURANCE
`� 5/31/2Qzo
DATE13/2 19
11/13/2019
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 rights to the certificate holder in lieu of such endorsement(s).
PRODUCER LOCkton Companies __- - -
444 W. 47th Street, Suite 900 —_ —
Kansas City MO64112-1906 RECEIVED
(816) 960-9000 --
CONTACT
ONE FAX
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INSURER(S) AFFORDING COVERAGE
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INSURER A: Hartford Fire Insurance Company
19682
INSURED BROWN AND CALDWELL
1051818
INSURERS: Property and Casualty Ins Co of Hartford
34690
SNsuaeRc:Travelers Property Casualty CoofAmerica
25674
AND ITS WHOLLY OWNED S L)pAQRBUBLIC WORK
AND AFFILIATES OSHKOSH,WISCONSI
201 NORTH CIVIC DRIVE, SUITE 300
WALNUT CREEK CA 94596
INSURERo:Lloyds ofLondon
INSURER E: TWIn CI Fire Insurance Company
29459
INSURER F
COVERAGES CERTIFICATF NIIMRFR- 1 Cf10071f oevlelnal uueeeeo.
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
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TYPE OF INSURANCE
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SUB
POLICY NUMBER
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MM/DD/YYYY
LIMITS
A
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COMMERCIALGENERALUABILITY
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DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remadre Schedule, may ba e attached If more sps is required)
THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FORTHIS HOLDER APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TEam(S) REFERENCED.
RE: SID 77552 2018 GENERAL STORM WATER SERVICES.
16099325
OSH-20
CITY OF OSHKOSH
215 CHURCH AVE.
OSHKOSH WI 54903
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
reserved.
ACUKU 25 (20151W) The ACORD name and logo are registered marks of ACORD
CONTINUATION DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIE%CLUSIONS ADDED BY ENDORSENIENTISPECIAL PROVISIONS (Use only if more space is inquired)
CITY OF OSHKOSH, ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES OR AUTHORIZED VOLUNTEERS
ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE
COVERAGES ARE PRIMARY, AS REQUIRED BY WRITTEN CONTRACT. THE ADDITIONAL INSUREDS' OWN
COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH THE GENERAL LIABILITY, AND ON THE AUTO
LIABILITY AS RESPECTS THE USE OF VEHICLES OWNED BY BROWN AND CALDWELL WHERE REQUIRED BY
WRITTEN CONTRACT. THIRTY DAYS NOTICE OF CANCELLATION BY THE INSURER WILL BE PROVIDED TO THE
CERTIFICATE HOLDER WITH RESPECT TO THE GENERAL LIABILITY, AUTO LIABILITY, WORKERS'
COMPENSATION/EMPLOYER'S LIABILITY AND PROFESSIONAL LIABILITY POLICIES. TEN (10) DAYS NOTICE
WILL BE PROVIDED IN THE EVENT OF NONPAYMENT OF PREMIUM.
ACORID 25 (2016103) Certificate Holder ID: 15099325
Attachment Code: D465358 Certificate ID: 15099325
Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES
Policy Number: 37CSEQU1172
Policy Term: 5/31/2019 to 5/31/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED BY CONTRACT OR AGREEMENT -
OPTION II
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Additional Insured Person(s) or Designated Project(s) or Location(s) of
Or anization s : Covered Operations:
ALL ALL
Information required to complete this Schedule if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or
organization(s) shown in the Schedule above with whom you agreed in a written contract or
written agreement to provide insurance such as is afforded under this policy, but only to the
extent that such person or organization is liable for "bodily injury", "property damage" or "personal
and advertising injury' caused by:
Your acts or omissions or the acts or omissions of those acting on your behalf:
a. In the performance of your ongoing operations for such additional insured at the
project(s) or location(s) designated in the Schedule;
b. In connection with your premises owned by or rented to you and shown in the
Schedule; or
c. In connection with "your work" for the additional insured at the project(s) or
location(s) designated in the Schedule and included within the "products -completed
operations hazard", but only if:
(1) The written contract or agreement requires you to provide such coverage to
such additional insured at the project(s) or location(s) designated in the
Schedule; and
(2) This Coverage Part provides coverage for "bodily injury" or "property
damage" included within the "products -completed operations hazard".
1. The acts or omissions of the additional insured in connection with their general supervision of
your operations at the projects or locations designated in the Schedule.
B. The insurance afforded to these additional insureds applies only if the "bodily injury" or "property
damage" occurs, or the "personal and advertising injury" offense is committed:
1. During the policy period; and
2. Subsequent to the execution of such written contract or written agreement; and
3. Prior to the expiration of the period of time that the written contract or written agreement
requires such insurance be provided to the additional insured.
Attachment Code: D465358 Certificate ID: 15099325
C. With respect to the insurance afforded to the additional insureds under this endorsement, the
following additional exclusion applies:
This insurance does not apply to "bodily injury", "property damage" or "personal and advertising
injury" arising out of the rendering of or failure to render any professional architectural,
engineering or surveying services by or for you, including:
1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions,
reports, surveys, field orders, change orders, designs or specifications; and
2. Supervisory, inspection, architectural or engineering activities.
C. Limits of Insurance
With respect to insurance provided to the additional insured shown in the Schedule, Paragraph 8.
How Limits of Insurance Apply To Additional Insureds in Section III - Limits of Insurance does
not apply.
D. Duties Of Additional Insureds In The Event Of Occurrence, Offense, Claim Or Suit
The Duties Condition in Section IV - Conditions is replaced by the following and applies to the
additional insured shown in the Schedule:
Notice Of Occurrence Or Offense
The additional insured must see to it that we are notified as soon as practicable of an
"occurrence" or an offense which may result in a claim. To the extent possible, notice should
include:
d. How, when and where the "occurrence" or offense took place;
e. The names and addresses of any injured persons and witnesses; and
f. The nature and location of any injury or damage arising out of the "occurrence" or
offense.
2. Notice Of Claim
If a claim is made or "suit is brought" against the additional insured, the additional insured
must:
a. Immediately record the specifics of the claim or "suit" and the date received; and
b. Notify us as soon as practicable.
The additional insured must see to it that we receive written notice of the claim or "suit"
as soon as practicable.
3. Assistance And Cooperation Of The Insured
The additional insured must:
a. Immediately send us copies of any demands, notices, summonses or legal papers
received in connection with the claim or "suit';
b. Authorize us to obtain records and other information;
c. Cooperate with us in the investigation or settlement of the claim or defense against
the "suit"; and
d. Assist us, upon our request, in the enforcement of any right against any person or
organization which may be liable to the insured because of injury or damage to which
this insurance may also apply.
4. Obligations At The Additional Insureds Own Cost
No additional insured will, except at that insured's own cost, voluntarily make a payment,
assume any obligation, or incur any expense, other than for first aid, without our consent.
5. Additional Insureds Other Insurance
If we cover a claim or "suit" under this Coverage Part that may also be covered by other
insurance available to the additional insured, such additional insured must submit such claim
or "suit" to the other insurer for defense and indemnity.
Attachment Code: D465358 Certificate ID: 15099325
However, this provision does not apply to the extent that 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.
6. Knowledge Of An Occurrence, Offense, Claim Or Suit
Paragraphs 1. and 2. apply to the additional insured only when such "occurrence", offense,
claim or "suit" is known to:
a. The additional insured that is an individual;
b. Any partner, if the additional insured is a partnership;
c. Any manager, if the additional insured is a limited liability company;
d. Any "executive officer" or insurance manager, if the additional insured is a corporation;
e. Any trustee, if the additional insured is a trust; or
f. Any elected or appointed official, if the additional insured is a political subdivision or
public entity.
E. Other Insurance
With respect to insurance provided to the additional insured shown in the Schedule, the Other
Insurance Condition Section IV - Conditions is replaced by the following:
1. Primary Insurance
a. 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 3. below.
b. 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 a. and b. do not apply to other insurance to which the additional insured has
been added as an additional insured or to other insurance described in
paragraph 2. below.
2. Excess Insurance
This insurance is excess over any of the other insurance, whether primary, excess,
contingent or on any other basis:
c. Your Work
That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage
for "your work";
d. Premises Rented to You
That is fire, lightning or explosion insurance for premises rented to you or temporarily
occupied by you with permission of the owner;
e. Tenant Liability
That is insurance purchased by you to cover your liability as a tenant for "property
damage" to premises rented to you or temporarily occupied by you with permission of
the owner;
f. Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the
extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And
Property Damage Liability;
g. Property Damage To Borrowed Equipment Or Use Of Elevators
If the loss arises out of "property damage" to borrowed equipment or the use of
elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily
Injury Or Property Damage Liability; or
h. When You Are Added As An Additional Insured To Other Insurance
AMachment Code: D465358 Certificate ID: 15099325
That is any other insurance available to you covering liability for damages arising out
of the premises or operations, or products and completed operations, for which you
have been added as an additional insured by that insurance.
When this insurance is excess, we will have no duty under Coverages A or B to defend the
insured against any "suit" if any other insurer has a duty to defend 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:
a. The total amount that all such other insurance would pay for the loss in the absence of
this insurance; and
b. The total of all deductible and self -insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this
Excess Insurance provision and was not bought specifically to apply in excess of the Limits of
Insurance shown in the Declarations of this Coverage Part.
3. Method of Sharing
If all 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.
POLICY NUMBER: 37CSEQU1173
COMMERCIAL AUTO
Attachment Code: D465338 Certificate ID: 15099325 CA 20 48 10113
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply
unless modified by the endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability
Coverage under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter
coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below:
Named Insured: BROWN AND CALDWELL
Endorsement Effective: 5/31/2019
SCHEDULE
Name of Person(s) or Organization(s):
AS REQUIRED BY WRITTEN CONTRACT
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage,
but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
Provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of
the Auto Dealers Coverage Form.
CA 20 48 10113
Attachment Code: D465353 Certificate ID: 15099325
Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES
Carrier: Hartford Fire Insurance Company
Policy Number: 37CSEQU1172
Policy Term: 5/31/2019 to 5/31/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS
OSH-20
CITY OF OSHKOSH
215 CHURCH AVE.
OSHKOSH, Wl54903
This policy is subject to the following additional conditions:
A. If this policy is cancelled by the Company, other than for non-payment of premium,
notice of such cancellation will be provided at least sixty (60) days in advance of the
cancellation effective date to the certificate holder(s) with mailing addresses on file with
the agent of record or the Company.
B. If this policy is cancelled by the Company for non-payment of premium, or by the
insured, notice of such cancellation will be provided within ten (10) days of the
cancellation effective date to all certificate holder(s) with mailing addresses on file with
the agent of record or the Company.
If notice is mailed, proof of mailing to the last known postal mailing address of the certificate
holder(s) on file with the agent of record or the Company will be sufficient proof of notice.
Any notification rights provided by this endorsement apply only to the active certificate holder(s)
who were issued a certificate of insurance applicable to this policy's term.
Failure to provide such notice to the certificate holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send
notice shall impose no liability of any kind upon the Company or its agents or representatives.
IH 12 00 11 85
At4achment Code: D465339 Certificate ID: 15099325
Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES
Carrier: Hartford Fire Insurance Company
Policy Number: 37CSEQU1173
Policy Term: 5/31/2019 to 5/31/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS
OSH-20
CITY OF OSHKOSH
215 CHURCH AVE.
OSHKOSH, W154903
This policy is subject to the following additional conditions:
A. If this policy is cancelled by the Company, other than for non-payment of premium,
notice of such cancellation will be provided at least sixty (60) days in advance of the
cancellation effective date to the certificate holder(s) with mailing addresses on file with
the agent of record or the Company.
B. If this policy is cancelled by the Company for non-payment of premium, or by the
insured, notice of such cancellation will be provided within ten (10) days of the
cancellation effective date to all certificate holder(s) with mailing addresses on file with
the agent of record or the Company.
If notice is mailed, proof of mailing to the last known postal mailing address of the certificate
holder(s) on file with the agent of record or the Company will be sufficient proof of notice.
Any notification rights provided by this endorsement apply only to the active certificate holder(s)
who were issued a certificate of insurance applicable to this policy's term.
Failure to provide such notice to the certificate holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send
notice shall impose no liability of any kind upon the Company or its agents or representatives.
IH 12 00 11 85
Atta6hment Code: D465340 Certificate ID: 15099325
Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES
Carrier: Property and Casualty Ins Co of Hartford & Twin City Fire Insurance Company
Policy Number: 37WNQU1170 & 37WBRQU1171
Policy Term: 5/31/2019 to 6/31/2020
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS
OSH-20
CITY OF OSHKOSH
215 CHURCH AVE.
OSHKOSH, WI54903
This policy is subject to the following additional conditions:
A. If this policy is cancelled by the Company, other than for non-payment of premium,
notice of such cancellation will be provided at least sixty (60) days in advance of the
cancellation effective date to the certificate holder(s) with mailing addresses on file with
the agent of record or the Company.
B. If this policy is cancelled by the Company for non-payment of premium, or by the
insured, notice of such cancellation will be provided within ten (10) days of the
cancellation effective date to all certificate holder(s) with mailing addresses on file with
the agent of record or the Company.
If notice is mailed, proof of mailing to the last known postal mailing address of the certificate
holder(s) on file with the agent of record or the Company will be sufficient proof of notice.
Any notification rights provided by this endorsement apply only to the active certificate holder(s)
who were issued a certificate of insurance applicable to this policy's term.
Failure to provide such notice to the certificate holder(s) will not amend or extend the date the
cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send
notice shall impose no liability of any kind upon the Company or its agents or representatives.
IH 12 00 11 85
Policy Number: ZUP-10R71075
Named Insured: BROWN AND CALDWELL
Policy Term: 5/31/2019 to 5/31/2020
BROWN & CALDWELL
NOTICE OF CANCELLATION
The following is added to section VII. D. Cancellation of this insuring agreement and to any
applicable state amendatory endorsement forming a part of this policy that contains a provision
that replaces section VII. D. Cancellation:
If we cancel this policy for any statutorily permitted reason other than nonpayment of premium,
we will mail notice of cancellation to any person or organization to whom you have agreed in a
written contract that notice of cancellation of this policy will be given, but only if:
1. The first Named Insured sends us a written request to provide such notice, including the
name and address of such person or organization, after you receive notice from us of the
cancellation of this policy; and
2. We receive such written request at least 14 days before the beginning of the applicable
number of days shown in the below schedule.
We will mail such notice at least the number of days shown for cancellation in the below
schedule before the effective date of cancellation.
Schedule
Number of days notice of cancellation
30 days
All other terms of your policy remain the same.
Attachment Code: D468663
Certificate ID: 15099325
Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES
Policy Number: LDUSA1900482
Policy Term: 5/31/2019 to 5/31/2020
PROFESSIONAL AND POLLUTION LIABILITY - NOTICE OF CANCELLATION
OSH-20
CITY OF OSHKOSH
215 CHURCH AVE.
OSHKOSH. WI54903
IN THE EVENT THE UNDERWRITERS CANCEL OR NON -RENEW THIS POLICY OR IN
THE EVENT OF A MATERIAL CHANGE TO THIS POLICY, UNDERWRITERS SHALL
MAIL WRITTEN NOTICE OF SUCH CANCELLATION, NON -RENEWAL OR MATERIAL
CHANGE, TO SUCH CERTIFICATE HOLDER WITHIN A SPECIFIED PERIOD OF TIME;
PROVIDED, HOWEVER, THAT THE INSURERS SHALL NOT BE REQUIRED TO
PROVIDE SUCH NOTICE MORE THAN 45 DAYS PRIOR TO THE EFFECTIVE DATE OF
CANCELLATION, NON -RENEWAL OR MATERIAL CHANGE.
Attachment Code: D465374
Certificate ID: 15099325