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HomeMy WebLinkAboutWestwood Professional Services IncAGREEMENT This AGREEMENT, made on the � day of �� 2020, by and between the CITY OF OSHKOSH, party of the first part, hereinafter re rred to as CITY, and WESTWOOD PROFESSIONAL SERVICES, INC., One Systems Drive, Appleton, WI 54914-1654, 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 2020 — 2022 ILLICIT DISCHARGE DETECTION AND ELIMINATION OUTFALL SCREENING AND REVISIONS TO THE ONGOING SCREENING PROGRAM. ARTICLE I. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Brian D. Wayner, P.E. — Environmental Manager B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: Dan Gabrilska — Civil Engineering Supervisor 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, lazog through an amendmeat ,, to this AGREEMENT. RECEIVED c" 1AEt9i1ering\TracyTay1or\James'Agre mcs ONNNI\2020-20221DDEAgrcement\Westwood Pmf MAR 12 202 0 Sery Agreement-WW-20n IDDE OW" 5creening_1-1]-20ao« Page 1 of 7 CITY CLERK'S OFFICE 9 �G��ti �� ����6ti�,� O�}� 04 QvO��gG 9� s �og� 0 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. 1:\Engnxx ng\Tmry Taylor\lamea'Agmemmt\OhCMM\2020.= ODE Ageemmr\Westwood Emf Sery Agr�2022 ODE O ffallS meNng_1-17-20.do 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, with the option for up to two (2) additional one (1) year terms. 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 1:\En9ineering\Tracy Taylor\James'Agr mmts\OM NI\3fRd-2==Ageenient\Westwood Prof ke AgR t-202 z z WE wtfau Smming_i-v-w.de Page 3 of 7 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 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 November 6, 2019 and attached hereto In the event any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE XII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Time and Materials Not to Exceed $79,545 (Seventy Nine Thousand Five Hundred Forty Five Dollars). • Attached fee schedule(s) shall be firm for the duration of this AGREEMENT. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this AGREEMENT executed by both parties prior to proceeding with the work covered under the subject amendment. E\Engmem \imry Taybc\James'Agmemmis\oivQ-EaI\20]ll-20]2 WDE Agr mrnt\Westwood Pmf Se Ag--t-202p-=IDDE Out Sa .e g_1-17-M.d. Page 4 of 7 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 XIH. 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 CrrY'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. J:M.9ffi1-ft\Tact' Taylor\James Ag...b\Oh NI\2020-20 ODE Agreement\W.s .dP f Sete Agree mt-W20-MnODE Oudall Sae ig_1-17-M.d= Page 5of7 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. I:\Engineering\T.ry iayI.AJ -Agreement\Oh NI\21120-2022 ODE Agmment\Westw P f Sem Agreement-2020-2022 ODE OuHaE Sc mil1-17-20.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: CON; C.i , H,,c �✓ By: ?a6,, es.5 ADs7ti of Sr Pp rot (Seal of CONSULTANT if a Corporation) (Specify Title) By: �iJ V 1 Ro N M fiNT�l. i`^ 041;A60e (Specify Title) CITY OF OSHKOSH By: - (Witness) Mark A. Rohloff, City Manager (Witness) 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. /FI 4:�2vz - City Comptroller IAEnginemg\T.Cy Taylor\James'Agreements\OM NI\202P2022ODE Agreement\Westwood Prof Page7of7 9e Agreement-2020-2022IDDEO tfallS meN�l-1]-20.do« ENGINEERING ONE SYSTEMS DRIVE TT� APPLETON WI5-571-1677 ENVIRONMENTAL ENVIRONME T 1-800.57'I-6877 920-735-6900 A 5 5 o C i a r E 5 FAX 920-830-6100 a Westwood company November 6, 2019— RRCLIVL'O_ Mr. James Rabe, P.E. Director of Public Works _ Nov _ 6 C�19 City of Oshkosh 215 Church Ave. PO Box 1130 03AKOgPUBLJC WORKS H, Oshkosh, WI54903-1130 WISCONSIN Re: Proposal for Professional Services Agreement for 2020 -2022 Illicit Discharge Detection and Elimination Outfall Screening and Revisions to the Ongoing Screening Program Dear Mr. Rabe: Thank you for the opportunity to present this proposal for the 2020 — 2022 illicit discharge detection and elimination outfall screening services and to prepare a revised ongoing screening program for the City of Oshkosh. This proposal is intended to present a work scope and cost estimate for our services. OMNNI Associates (OMNNI) proposes to review and evaluate the current ongoing outfall screening program for the City of Oshkosh that was revised in 2015. Recommendations for revising the ongoing screening program would consider the City's existing program, experience obtained from previous outfall screening inspections, and the Illicit Discharge Detection and Elimination (IDDE) Guidance Document prepared by the Wisconsin Department of Natural Resources (WDNR). Our recommendations would take into account the most current issuance of the General Permit to Discharge under the Wisconsin Pollutant Discharge Elimination System (MS4 Permit), so the revised ongoing screening program is compliant with any new requirements. We would meet with the City to discuss our recommendations. Based on the outcome from the discussions with the City, a revised ongoing outfall screening program would be prepared for submittal to the WDNR. OMNNI also proposes screening approximately 90 outfalls (of the approximately 426 outfalls) each year in years 2020 - 2022. The outfalls screened would include outfalls identified in the City's ongoing program for the current year and outfalls identified in the previous year's inspection as requiring re -screening. Proposed Scope of Services 1. Evaluate changes to the City's current ongoing screening program. a. Update municipal separate storm water sewer system map. i. Update outfalls and storm sewer system. ii. Provide a drainage basin for each outfall. iii. Indicate flow direction for storm sewer. b. Evaluate the City's current ongoing screening program to include experience obtained from previous outfall screening inspections, input from City staff and new permit requirements. c. Develop a screening matrix to identify the proposed screening frequency for each identified outfall for the City. d. Meet with City to discuss the draft revised ongoing screening program recommendations. 2. 2020 - 2022 stormwater outfall screening. a. Update the illicit discharge GIS applications for the current year screening program. omnni.com I westwoodps.com Mr. James Rabe, P.E. November 6, 2019 Page 2 of 3 b. Conduct approximately 90 outfall inspections each year. Outfall inspections would include outfalls identified in the City's ongoing program for the current year and outfalls identified in the previous year's inspection as requiring re -screening. I. For each outfall screened, the geographic location would be verified; a digital photograph showing general location and configuration would be taken; a digital photograph showing flow (or the absence of flow) would be taken; and physical data on the outfall would be verified. ii. For inspected outfalls that are flowing 48 or more hours after a runoff -producing rainfall event, flow characteristics would be documented. iii. A sample of the stormwater would be collected from outfalls that are flowing 48 or more hours after a runoff -producing rain event and analyzed using field tests and/or the Hach kit for stormwater. iv. Indicator parameters from the stormwater sample (parameters can include: pH, conductivity, temperature, ammonium, total chlorine, and detergents) would be measured as outlined in the City of Oshkosh's Ongoing Screening Program. v. For outfalls that are partially or fully submerged, the stormwater sample would be collected from the next accessible upstream location. vi. If a potential illicit discharge is detected, the City would be notified and provided with the data collected during the screening of the outfall. c. Produce inspection reports for each outfall inspected that year, including general outfall characteristics and illicit discharge indicator parameters. d. Produce a program summary report each year describing the outfall screening procedures that were followed, along with any potential illicit discharges that were discovered. e. Produce a summary report each year of outfalls that have observed structural damage, significant deposition or erosion, or graffiti. f. Update the outfall map each year showing the locations of the identified outfalls. g. Present a summary of the outfall screening to the Storm Water Utility Committee each year, if requested. 3. Submittals/deliverables. a. Revised ongoing screening program would be provided in hardcopy and PDF format. b. Outfall reports would be provided in hardcopy and PDF format. c. Outfall photographs and flow photographs would be provided to Client on a DVD-ROM. d. Outfall locations and screening results would be provided in ESRI shapefile. e. One color copy of the draft field screening summary report, including the outfall reports for the screened outfalls. f. Two color copies of the final field screening summary report, including the outfall reports for the screened outfalls g. Summary presentation of the outfall screenings to the Storm Water Utility Committee, if requested. Schedule The proposed schedule for the work would generally be as follows: 1. Conduct outfall screening during June —October, weather permitting. 2. Evaluate ongoing screening program and present findings to the City by September 15, 2020. 3. Provide outfall summary reports by mid -December. Mr. James Rabe, P.E. November 6, 2019 Page 3 of 3 Compensation Tasks 2020 2021 2022 Project management, correspondence, presentation $5,040 $5,250 $5,460 Outfall field inspections $5,835 $6,050 $6,310 Individual outfall reports, summary report $6,000 $6,250 $6,500 Ongoing screening program revisions $11,850 $0 $0 Contingency for tracking potential illicit discharges $5,000 $5,000 $5,000 Estimated cost per year*: $31725 $22,550 $23,270 Estimated cost 3-year program: $79,545 *Similar to our current services agreement for IDDE services, we will only charge for the actual time worked on the project. Our estimate above is based on the previous level of effort we have provided the City. The contingency for tracking estimate is the same amount we have set aside in the past. City Support We recommend that the City provide OMNNI's field staff with identification badges and/or documentation authorizing our field inspection activities. We also recommend that the relevant city and county departments (police, fire, street, etc.) are informed of the field screening effort and our field presence. When screening submerged outfalls, one or more upstream manholes will likely need to be opened to allow for inspection and sampling. If any of these manhole covers are secured with bolts or locks, the City will be responsible for providing personnel to assist with opening the manhole for the inspection and securing them following the inspection. City assistance is not anticipated for manhole covers with no bolts or locks, unless required by the City. For high traffic areas, we may require City staff to assist with traffic monitoring and/or temporary diversion while the manholes are accessed. We have assumed that the City of Oshkosh will continue to provide ESRI shapefiles or CAD data of the storm sewer pipes and the major and minor outfall locations. We truly appreciate the opportunity to provide our services to the City and look forward to continue working with you on the City's stormwater screening. Please contact me at 920-830-6141 or bwayner@omnni.com with any questions or for clarification of our proposed approach. Sincerely, E Brian D. Wayner, p/ Environmental Manager ACCA?6r CERTIFICATE OF LIABILITY INSURANCE L� DATE(MMtOUNYYY) 1 1/21/2020 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 Osborne & Associates 420 Gateway Blvd Burnsville MN 55337 RECEIVED C NTA T NAME: Certificates Department PAIC.HONE , 952-707-8200 VC No:952-890-0535 ADDRESS: certificates kainsurance.com INSURE S AFFORDING COVERAGE NAIC# INSURER A: Continental Casualty Company 20443 INSURED MSTPRO.01 OMNNI Associates, Inc. Westwood Professional ServiceCM..T OF PUBLIC WORKS INSURER e: INSURERC: 12701 Whitewater Drive OSHKOSH, WISCONSIN Suite 300 Minnetonka MN 55343 NSURER:: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 162400517Q RFVIRION NI IMRFR- 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. ILTR TYPEOFINSURANCE immm ADDLE B POLICY NUMBER MLVDDDPOLICYYYYI (MMIDONYYYI LIMITS COMMERCIAL GENERALLUIBILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ PREMISES Ea ocaarerwe It MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GENL AGGREGATE LIMIT APPLIES PER POLICY 0 jECT LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGO $ $ OTHER: ABILITY COMBINED SINGLELIMIT Ea accidentBODILY INJURY(Per person) $ SCHEDULEDBODILY LY AUTOS Ri INJURY Per accdent ( )NON $ -OWNED ONLY AUTOS ONLY PROPERTYDAMAGE$OS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UAB CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATmN PER OTH- AND EMPLOYERS' LIABILITY YIN ANYPROPRI ETORIPARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED4 NIA STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE It (Mandatory in NH) If yea, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ A Professional Liability Including Pollution Incident Liability - Claims Made & Reported AEH591925173 11/29/2019 11/29/2020 Per Clain Aggregate $5.000,000 $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace Is required) Professional Liability coverage shall be primary and non-contributory for claims arising solely from the Insureds wrongful acts. 30 Day Notice of Cancellation applies. City of Oshkosh Attn: City Clerk 215 Church Avenue PO Box 1130 Oshkosh WI54903-1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CORPORATION. All rinhts ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD . O * CERTIFICATE OF LIABILITY INSURANCE DATE22/20 YYYY) la `r vzv2ozo 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 CSDZ, LLC 225 South Sixth Street, Suite 1900 RECEIVED Minneapolis MN 55401 P CONTACT NAME: Sarah Edwards 24D7 FA AIX No), ftnedwards@csdz.com E-MaIL aoDREss: sedwards csdz.com INSURERS AFFORDING COVERAGE NAICN S 2020 INSURER A: Travelers Property Casualty 25674 INSURED WESTPROI OMNNI Associates, Inc. p Westwood Professional Services, Irk'E F OF PUBLIC WORKS 12701 Whitewater Drive, Suite 300 OSHKOSH, W ISCONSIN Minnetonka MN 55343 INSURERS: Charter Oak Fire Insurance Company 25615 NsuRERc: Travelers IndemnityCompany 25658 INSURERD: INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 976220994 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. MSR TYPE OF INSURANCE ADDL R POLICY NUMBER MhWDDDYEFF MM/OD EXP YrO UNITS B X COMMERCIAL GENERAL LIABILITY F 630212196101A 11/1/2019 11/1/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS -MADE I OCCUR PREMISES Ea o=nrencal $300,000 X MED EXP (Any one person) $10,000 Contr Uab per X Pollcy Form/xCU PERSONAL&ADV INJURY 31.000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY [KjE(1 FX]LOC GENERAL AGGREGATE $2,000,000 PRODUCTS -CONI AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY 810OL610311 11/M019 11/1/2020 OMBIINEL NEe tSINGLIMIT $1,000.000 BODILY INJURY (Per person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY IX BODILY INJURY (Per accident) S PROPERTY DAMAGE Per accident) $ Hired Auto Phy Damage $ACV of Vehide Como: $1.000 X Coll: $1,DD0 C X UMBRELLA UAB X OCCUR CUP8J545686 11/1/2019 11/1/2020 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000.000 EXCESSUAB CLAIMS -MADE DED X RETENTION$4n nnn $ A WORKERS COMAND ENSATIOIN YIN AWPROPRIETOR/PARTNER/EXECIITIVE OFFICER/MEMBER EXCLUDED? FN N/A UB7J515455 11/1/2019 11/1/2020 X STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) 8 yes, describe under E.L. DISEASE -POLICY LIMIT $1,000.000 DESCRIPTION OF OPERATIONS below A Stop Gap Liability UB7J515455 11/1/2019 11/1/2020 Applies to states: ND, OH, WA WY DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) 2020-2022 Illicit Discharge Detection and Elimination Outfall Screening and Revisions to the Ongoing Screening Program Additional Insured only if required by written contract with respect to General Liability, Automobile Liability and Umbrella/Excess Liability applies on a primary basis and the Insurance of the Additional Insured shall be Non -Contributory: Certificate Holder, Project Owner and Others as required by written contract. Waiver of Subrogation only if required by written contract with respect to General Liability, Automobile Liability, Workers Compensation and Umbrella/Excess Liability applies in favor of: Certificate Holder, Project Owner and Others as required by written contract. See Attached... City of Oshkosh Department of Public Works, Attn: City Clerk 215 Church Avenue, P.O. Box 1130 Oshkosh WI54903-1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 2✓. e A CORPORATION. All nahts reserved. AUUKU Zb (ZU1b/U3) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: WESTPROI LOC #: Acc)j? " ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED CSDZ, LLC OMNNI Associates, Inc. Westwood Professional Services, Inc. 12701 Whitewater Drive, Suite 300 POLICY NUMBER Minnetonka MN 55343 - CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE �e cancellation wording: Should any of the above described policies be cancelled before the expiration date, 30 Days written will be delivered to the certificate holder. CORPORATION. All rinhte The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE ants cenmcate is Date: September 13, 2019 This is to certify to: To Whom It May Concern as a maner or mLOrmation only and confers no nglits upon me certiticate addressee. That the following policy has been issued to: WESTWOOD PROFESSIONAL SERVICES 12701 WHITEWATER DRIVE SUITE 300 MINNETONKA, MN 55343 Policy No. 9005275 issued by one or more member companies of Global Aerospace Pool through Global Aerospace, Inc. Policy Period: from November 1, 2019 to November 1, 2020 Policy Territory: Worldwide AIRCRAFT AND COMMERCIAL GENERAL AVIATION LIABILITY Coverages Limits of Liability Single Limit Bodily Injury and Property Damage $5,000,000 Each Occurrence (or as set forth in the policy) Third Party War Liability $5,000,000 Aggregate AIRCRAFT PHYSICAL DAMAGE Policy includes Physical Damage Coverage including war risk with insured values as set forth in the policy. ely as respects an occurrence arising out of the ownership, maintenance or use of an unmanned aircraft insured under this policy and ;ly to the extent required in an agreement with the Named Insured, the following provisions shall apply: WHO IS AN INSURED section of the policy is amended to include the certificate addressee as an insured, but only as respects Named Insured's use of the aircraft and only with respect to the certificate addressee's liability because of acts or omissions of the ned Insured. However, no such person or organization is an Insured if he, she, or it, or any of his, her, or its agents or employees is aged in the manufacture, maintenance, repair, or sale of aircraft, aircraft engines, components or accessories, or in the operation of airport, hangar, flying school, flight service, or aircraft or piloting service, as respects any occurrence arising out of such activity. : insurance, as to the interest of the certificate addressee, shall be primary without right of contribution by any other valid and lectible insurance available to the certificate addressee. e waive any right of recovery we may have against the certificate addressee because of payments it makes for physical damage aircraft described in this certificate, but only to the same extent that the Named Insured has waived its right for recovery for such ysical damage against the certificate addressee. 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. This certificate does not amend, extend or otherwise alter the coverages afforded by the policies described herein. Limits may have been reduced by paid claims. Global Aerospace, Inc. BY: GLOBAL AEROSPACE 0 P l` Page 1 of I COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION II — WHO IS AN (a) The Additional Insured — Owners, Les - INSURED: sees or Contractors — Scheduled Person Any person or organization that: or Organization endorsement CG 20 10 a. You agree in a written contract or agreement to 07 04 or CG 20 10 04 13, the Additional include as an additional insured on this Coverage Insured — Owners, Lessees or Contrac- Part; and tors — Completed Operations endorse- ment CG 20 37 07 04 or CG 20 37 04 13, b. Has not been added as an additional insured for or both of such endorsements with either the same project by attachment of an endorse- of those edition dates; or ment under this Coverage Part which includes (b) Either or both of the following: the Addi- such person or organization in the endorsement's tional Insured — Owners, Lessees or Con - schedule; tractors — Scheduled Person Or Organi- is an insured, but: zation endorsement CG 20 10, or the Ad- a. Only with respect to liability for "bodily injury' or ditional Insured — Owners, Lessees or "property damage" that occurs, or for "personal Contractors — Completed Operations en - injury" caused by an offense that is committed, dorsement CG 20 37, without an edition subsequent to the signing of that contract or date of such endorsement specified; agreement and while that part of the contract or the person or organization is an additional in - agreement is in effect; and sured only if the injury or damage is caused, b. Only as described in Paragraph (1), (2) or (3) be- in whole or in part, by acts or omissions of low, whichever applies: you or your subcontractor in the performance (1) If the written contract or agreement specifical- of "your work" to which the written contract or ly requires you to provide additional insured agreement applies; or coverage to that person or organization by (3) If neither Paragraph (1) nor (2) above applies: the use of: (a) The person or organization is an addi- (a) The Additional Insured — Owners, Les- tional insured only if, and to the extent sees or Contractors — (Form B) endorse- that, the injury or damage is caused by ment CG 20 10 11 85; or acts or omissions of you or your subcon- (b) Either or both of the following: the Addi- tractor in the performance of "your work" tional Insured — Owners, Lessees or Con- to which the written contract or agree - tractors — Scheduled Person Or Organi- ment applies; and zation endorsement CG 20 10 10 01, or (b) Such person or organization does not the Additional Insured — Owners, Lessees qualify as an additional insured with re - or Contractors — Completed Operations sped to the independent acts or omis- endorsement CG 20 37 10 01; sions of such person or organization. the person or organization is an additional in- The insurance provided to such additional insured is sured only if the injury or damage arises out subject to the following provisions: of "your work" to which the written contract or a. If the Limits of Insurance of this Coverage Part agreement applies; shown in the Declarations exceed the minimum (2) If the written contract or agreement specifical- limits required by the written contract or agree- ly requires you to provide additional insured ment, the insurance provided to the additional in - coverage to that person or organization by sured will be limited to such minimum required the use of: limits. For the purposes of determining whether CG D6 04 02 19 0 2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY this limitation applies, the minimum limits required result in a claim. To the extent possible, such by the written contract or agreement will be con- notice should include: sidered to include the minimum limits of any Um- (a) How, when and where the "occurrence" brella or Excess liability coverage required for the or offense took place; additional insured by that written contract or (b) The names and addresses of any injured agreement. This provision will not increase the persons and witnesses; and limits of insurance described in Section III— Limits Of Insurance. (c) The nature and location of any injury or b. The insurance provided to such additional insured damage arising out of the "occurrence" or does not apply to: offense. 1 An "bodily injury", () y y j ry", "property damage" or (2) If a claim is made or "suit" is brought against "personal injury" arising out of the providing, the additional insured: or failure to provide, any professional archi- (a) Immediately record the specifics of the tectural, engineering or surveying services, claim or "suit" and the date received; and including: (b) Notify us as soon as practicable and see (a) The preparing, approving, or failing to to it that we receive written notice of the prepare or approve, maps, shop draw- claim or "suit" as soon as practicable. ings, opinions, reports, surveys, field or- (3) Immediately send us copies of all legal pa- ders or change orders, or the preparing, pers received in connection with the claim or approving, or failing to prepare or ap- "suit", cooperate with us in the investigation prove, drawings and specifications; and or settlement of the claim or defense against (b) Supervisory, inspection, architectural or the "suit", and otherwise comply with all policy engineering activities. conditions. (2) Any "bodily injury' or "property damage" (4) Tender the defense and indemnity of any caused by "your work" and included in the claim or "suit" to any provider of other insur- "products-completed operations hazard" un- ance which would cover such additional fin- less the written contract or agreement specify- sured for a loss we cover. However, this con- cally requires you to provide such coverage dition does not affect whether the insurance for that additional insured during the policy provided to such additional insured is primary period. to other insurance available to such additional c. The additional insured must comply with the fol- insured which covers that person or organiza- lowing duties: tion as a named insured as described in Par- (1) Give us written notice as soon as practicable agraph 4., Other Insurance, of Section IV — of an "occurrence" or an offense which may Commercial General Liability Conditions. Page 2 of 2 0 2017 The Travelers Indemnity Company. All rights reserved. CG D6 04 02 19