HomeMy WebLinkAboutBrown and Caldwell (4) CITY OF OSHKOSH
DEPARTMENT OF PUBLIC WORKS
215 CHURCH AVENUE,P.O.BOX 1130,OSHKOSH,Wl 54903-11.30
PHONE: (920)236-5065 FAX(920)236-5068
LETTER OF TRANSMITTAL
To: Jim Bachhuber Date: December 3, 2018
Brown and Caldwell Subject: Executed Agreement for 2019 Site
8383 Greenwa Boulevard,Suite 600 Plan Review Services
Middleton, WI 53562
---------------
Please find: Z Attached F-1 Under Separate Cover
F-1 Copy of Letter Z Contracts 1:1 Amendment F-1 Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars F] Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette [_1 Zip Disk ❑ Other
I __-Executed.-,Ag�eexnent __________
'I'liese are being transmitted as indicated below:
R For Approval Z For Your Use ❑ As Requested ❑ For Review &Comment
Remarks:
Enclosed is the executed agreement for the 2019 site plan review services, A City of Oshkosh Purchase
Order will follow shortly. Please reference this Purchase Order number on all of your invoices.
If you have any questions, please contact us.
City Clerk's Office-Original
cc: File-Original
Signed:
Tran.. Taylor ir
hEnginecring\2019 CONTRACIFSMC2019 Site Plan Review\B&C LOT-Executed Agreement-2019 Site Man Review-12-3-18.docx
AGREEMENT
This AGREEMENT, made on the29-!, day of 2018, 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 SITE PLAN REVIEW SERVICES FOR 2019.
ARTICLE I. PROJECT 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 11. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the PROJECT described in
this AGREEMENT:
James Rabe, P.E., CPESC—Director of Public Works
ARTICLE 111. SCOPE OF WORK
The CONSULTANT shall provide the services described in the CONSULTANT's Scope
of Services. 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 Task 1 are detailed in the CONSULTANT'S Scope of Services.
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Services included in Task 2 of the CONSULTANT's Scope of Services 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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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 Services.
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 dated November 14,2018 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$50,000 (Fifty Thousand Dollars).
• Attached fee schedule shall be firm for the duration of this AGREEMENT.
B. Method of Payment, The CONSULTANT shall submit itemized monthly
statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar days
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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 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 XII. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements.
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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 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 XIV. 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 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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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: CONSULTANT
By:
(Seal of Consultant
if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By:
(Witness) t Mark A. Rohloff, City Manager
And:
itnes�,, Clerk
Pamela R. Ubrig, City Cle
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
jCit 'ttorney
City Comptroller
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. Site Plan Review Services, 2O1B
11/14/2018 �
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ATTACHMENT A
l0k � � �8/8
���� ^SCOPE OF SERVICES
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,a°� �=°~°e~° ~,e^,,ce='
City of Oshkosh v N
Overview
This scope Cf services describes the tasks that will be conducted by Brown and Caldwell (BC) as
requested by the City of Oshkosh related to site plan reviews for stormwater management |
compliance. The relevant storrnvvabar regulations for these reviews are: NR151. NR21S (State |
of Wisconsin) and Chapter 14 (City ofDshkosh). The review will also include compliance related �
to site grading. �
'
Scope of Work
Task Project Meetings and Project Management
If requested by the City. B[}will meet with the City to conduct face-to-face project meetings. At
the City's discretion, the meetings may include the developers of the site plan projects.
This task also includes the project mmnagementneoesaorytomakmsurethep jecttoskaremoin �
on schedule, on mndmeetqua|i�yrequirementa' ' . 1
Task 2Conduct Site Plan Reviews
1. Upon request by the City, BC will conduct site plan reviews of pending new-and re-
development sitesunderthejurimdioUonoftheCitythroughtheCity'sEvo/vonofhwa[e �
system. The reviews will be assigned to the BCby the City onon "as needed" basis.
Through the Evolve system BCwill: �
a. Review submitted documents for completeness in accordance with the Cih/'o policies
and guidance documents and note if the submittal iaincomplete. �
b. Other comments related to the submitted information will be recorded in the Evolve '
system.
u. The review comments prepared and submitted by BC will be discussed at the weekly
Site Plan Review meeting with City staff. BC will attend these meetings via
telephone. BC will make revisions tothe site plan comments in the Evolve system
based upon the discussions with City staff at the weekly meeting.
Work under this task will ho conducted using a"Task Ovdor' eppromch. The City will request �
reviews to be conducted, and BC will develop a Task Order scope for the City's approval to
conduct the work.
Assumotions.
The scope and budget for this project we[edeve|opedbaoedVnthefoUowingconditiVns and �
assumptions.
1. The Client agrees to:
s8 Meet with BC representatives, if required, and make timely decisions regarding design
details,
b) Provide all criteria and full information moto Client requirements for the Project, attend
Project-related meetings, provide interim reviews on an agreed-upon sch du|e. ond
generally participate in the Project tothoexbentnecasaaryt0a!|mmBChoperfor0the
Services.
2. The City will provide BC access to. and login requirements for, the Evolve software system.
3. B(}will conduct the reviews listed under Task 2 to meet the scheduled Site Plan Review
'
Site Plan Review Sowmas-oo10 Scope vo 1
Site Plan Review Services, 2019
' 11/14/2018
meeting as directed by the City's Site Plan Review Coordinator. It is assumed that BC will
have o minimum nf3 days ho conduct an initial review ofg site plan. BC will conduct the
reviews as expediently as possible in the event the schedule calls for a review in less than 3
|
days. �
4. Invoicing from 0C will identify the site plan and/or project nam*. Uleassociabed |aborrevew �
hours and labor costs for each site plan. '
5. All work conducted under this contract will take place between January 1 — December 31, i
2019 �
8. BC will providea review of the site plan for general compliance with City OfOshkosh
mtomnwate[nsquirementm. All responsibility for the project design to meet Oshkosh, state and
federal codes and standards remains with the pr 'ect'sEOgineerofRecordorAnohiheot.
Proliect Budget:
' The initial project budget is The number of plan reviews tobe conducted kaunknown
at this time. Also, the level of effort for each plan review will vary depending on the complexity of �
the site. The scope of work described above will be conducted at the Qty's request and BC will �
inform the City of the budget status as each plan review is conducted. If the overall effort for �
conducting the plan reviews exceeds 9096 of the current budget. the City will be notified and a
contract amendment will be negotiated to conduct additional requested work.
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Site Plan Review semmes-2o10 Scope,x 2
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: James Rabe,P.E. CPESC, Director of Public Works
Contract: Site Plan Review Services for 2019
City of Oshkosh Purchase Order 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."
Form of Compensation:
See attached Exhibit A entitled "Scope of Services and Compensation."
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 November 28, 2018,
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 CITY OF OSHKOSH
Signature: Signature:
Name: Name: Tames Rabe P.E. CPESC
Title: Title: Director of Public Works
Date: Date:
I:\Engineering\2019 CONTRACTS\B&C 2019 Site Plan Review\B&C Blank Proj Anth � �f
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E 'VED
NOV ?018
Brown and Caldwell Schedule of Hourly Billing Rate - 20-19 car I}uHUC \'V0kKS
OSVIK S�j, bVISCONSiN
Office/Support Serviced $60-$68
DrafkerTrainee Field Service Technician i Word Processor l $60470
Office/Support Services II
Assistant Drafter Field Service Technician II Word Processor 11 $60-$85
Office/Support Services III
Drafter Accountant)
Engineering Aide Field Service Technician III ProjectAnalystl $68-$85
Inspection Aide Word processor 111
Office/Support Services IV
Engineerl Geologist/HydrogeologistI Accountant 11
Senior Drafter Scientist I Project Analyst II $87-$100
Senior Illustrator Senior Field Service Technician Word Processor IV
Inspector
Engineerl) Accountant III
Inspectorll Geologist/Hydrogeologist11 ProjectAnalyst III
Lead Drafter Scientist 11 Area Business Operation Mgr $92-$124
Lead Illustrator Technical Writer_
Word Processing Supervisor
Engineer III
Inspector III Geologist/HydrogeologistIII Accountant IV
Senior Designer Scientist III Administrative Manager $1094145
Supervising Drafter
Supervising Illustrator
Senior Engineer
Principal Designer Senior Geologist/Hydrogeologist Senior Technical Writer. $120-$155
Senior Construction Engineer Senior Scientist
Senior Engineer
Principal Engineer Principal Geologist/Hydrogeologist
Principal Construction Engineer Principal Scientist Corp.Contract Administrator $140-$175
Supervising Designer
Supervising Engineer Supervising Scientist
Supervising Constr. Engineer Supervising Geologist/ Assistant Controller $175-$240
Supervising Engineer Supervising Hydrogeologist
Managing Engineer Managing Geologist/Hydrogeologist Area Bus Ops Mgr IV $198-$245
Managing Scientist
Chief Engineer Chief Scientist
Executive Engineer Chief Geologist/Hydrogeologist Corp Marketing Comm.Mgr. $208-$270
Vice President
The rates provided in this table apply from January 1—December 31,2019.
Brawn and Caldwell 2019 Schedule of Hourly Billing Rate.docx
DATE(MM/DDYYYY)
Ac-"R" CERTIFICATE OF LIABILITY INSURANCE
5/31/2019 5/24/2018
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 rights to the certificate holder in lieu of such ondorsement(s).
PRODUCER p CONTACT
Lockton Com anies
444 W.47th Street,Suite 900 PHONE _____..._............__..__.r___—..._
A/C No,Extj__ ,. {AIC,_Nol:
Kansas City MO 64112-1906 e-MAIL
(816)960-9000
INSURERS AFFORDING COVERAGE NAIC II
--_.. _. _---- 1 / -�� INSURER A:Hartford Fire Insurance CompagY _ 19682
INSURED BROWN AND CAL DWELL I INSURER B Property and Casualty Ins Co of Hartford 34690
1051818 AND ITS WHOLLY OWNED SUMICI!(RI]TS f{CwortINSURERC,Travelers Property Casualt Co of America 25674
AND AFFILIATES t)S 111� S I I„ /I S tm C QURER D:Lloyds of London
201 NORTH CIVIC DRIVE,SUITE 300 NSI ___...__...
WALNUT CRF EK CA 94596 SNSURER E:Twin City Fire Insurance Company 29459
INSURER F
COVERAGES * CERTIFICATE NUMBER: 15099325 REVISION NUMBER: xxxxxxX
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 AdETYPE OF INSURANCE INSDI W D POLICY NUMBER MMIDD YYYY MM/DDY YY LIMITS
POLICY EFF POLICY EXP
LTR
A x. COMMERCIAL GENERAL LIABILITY N N 37CSEQUI172 5/31/2018 5/31/2019 EACH OCCURRENCE s 2,000,000
«.
15
CLAIMS-MADE OCCUR PREMISESEE occc rrence' S 2,000,000
MED EXP(Any one person)._
PERSONAL&ADV INJURY s 2,009,000
GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000
POLICY JECT 0 LOC PRODUCTS-COMP/OP AGG s 4,000,000
OTHER: $
A AUTOMOBILE LIABILITY N N 37CSEQU1173 5/31/2018 5/31/2019 COMBINED, cieetSINGLE LIMIT $ 2.000.000
ANY AUTO BODILY INJURY(Per person) $ XXY.x.
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOSxxxxxx
HIRED AUTOS ONLY x AU OS ONLY (P�acc d ntjAMAGE $ xxxxxxX
$ xxxxxxx
C x UMBRELLA LIAB }{ OCCUR N N ZUP-IOR71075 5/31/2018 5/31/2019 EACH OCCURRENCE $ 3,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000
DED RETENTION$ $ XXxxxxx
WORKERS COMPENSATION N x PER OTH-
B AND EMPLOYERS LIABILITv 37WNQU1170 5/31/2018 5/31/2019 STATUTE ER
E ANY PROPRIETOR/PARTNER/EXECUTIVE YIN NIA
A 37WBRQU 1 171 5/31/2018 5/31/2019 E.L.EACH ACCIDENT $ 2,000,000
OFFICEWMEMBER EXCLUDED? a - -
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below ( E.L.DISEASE-POLICY LIMIT $ 2,000,000
D PROFESSIONAL N N LDUSA1800482 5/31/2018 j 5/31/2019 $1,000,000 PER CLAIM&
�4
LIABILITY AGGREGATE
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required)
r RE:SID 77552 2018 GENERAL STORM WATER SERVICES.
`r
i
I
CERTIFICATE HOLDER CANCELLATION SeeAttachnients
15099325
OSH-20 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
[ CITY OF OSI iKOSH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
I ATTENTION: JAMES RASE ACCORDANCE WITH THE POLICY PROVISIONS.
215 CHURCH AVE.
OSHKOSH WI 54903 AUTHORIZED REPRESENTATIV.
O 1988 015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
CONTINUATION DESCRIPTION OF OPERATIONSILOGATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS(Use only If more space Is required)
CITY OF OSHKOSH,ITS OFFICERS,COUNCIL MEMBERS,AGENTS,EMPLOYEES OR AUTHORIZED VOLUNTEERS
ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY,AND THESE
COVERAGES ARE PRIMARY,AS REQUIRED BY WRITTEN CONTRACT.THE ADDITIONAL INSUREDS' OWN
COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH THE GENERAL LIABILITY,AND ON THE AUTO
LIABILITY AS RESPECTS THE USE OF VEHICLES OWNED BY BROWN AND CALDWELL WHERE REQUIRED BY
WRITTEN CONTRACT.THIRTY DAYS NOTICE OF CANCELLATION BY THE INSURER WILL BE PROVIDED TO THE
CERTIFICATE HOLDER WITH RESPECT TO THE GENERAL LIABILITY,AUTO LIABILITY,WORKERS'
COMPENSATION/EMPLOYER'S LIABILITY AND PROFESSIONAL LIABILITY POLICIES. TEN(10)DAYS NOTICE
WILL BE PROVIDED IN THE EVENT OF NONPAYMENT OF PREMIUM.
ACORD 26(2016/03) Certificate Holder ID: 15099325
�
Named Insured: '
. �
Policy Number: 37CSEQU1173
Policy Term: S/3182¢i$ to 6/31/2019
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ|TCAREFULLY.
ADDITIONAL INSURED BY CONTRACT OR AGREEMENT-
OPTION U
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART �
SCHEDULEInformation required to complete this Schedule, if not shown above,will be shown in the Declarations.
�
Name of Additional Insured Person(s) or Designated Project(s) or Location(s) of
Organ ization(s): Covered Operations:
ALL ALL
A. Section 11 -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 contractor
written agreement to provide insurance such as is afforded under this policy, but only to the �
extentthatsuchpemonnrorganizeUonia|iab|efor''bodi|yinjury", "propertydomaQe"or"pecaona|
and advertising injury"caused by: �
7. Your acts or omissions or the acts or omissions ofthose acting on your behalf: �
a. |n the performance of your ongoingoperations for such additional insured otthe �
pnojeut(o) or|ocaUnn(s) designated in the Schedule;
b. |n connection with your premises owned byor rented ho you and shown inthe
Schedule; or �
C. |n connection with"your work"for the additional insured ad the projeot(a) or |
location(s) designated in the Schedule and included within the"products-completed
operations hezard". but only if: �
(1) The written contract magreement 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"prod uda'cnmp|etad operations hozard"
2. The acts or omissions of the additional insured in connection with their general supervision of
your operations ed 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:
I. 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 uf time that the written contract or written agreement
requires such insurance be provided to the additional insured.
Attachment Code:D46530
Cnrtifixato ID: l5O99]25
C. With respect to the insurance afforded to the additional insureds under this endorsement, the
following additional exclusion applies: |
This insurance does sing �
"v"'x arising out". the rendering ww failure w render any professional architectural, �
engineering or surveying services byor for you, including: �
1. The preparing, approving, orfai|inghoprepeneurapprovemepm. ahopdrawingm. opinions,
mportm, oumeyu, field orders, change orders, designs orspecifications; and
2. Supervisory, |neped|on, architectural or engineering activities.
D. Limits ofInsurance
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. �
E. Duties Of Additional Insureds |n The Event Of Occurrence, Offense, Claim OnSuit
The Duties Condition in Section IV-Conditions is replaced by the following and applies to the
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additional insured shown in the Schedule: �
1. Notice Of Occurrence OrOffense
The additional insured must see to it that we are notified as soon as practicable of an
"noounenoa"oren offense which may result inmclaim. To the extent possible, notice should '
include:
a. How,when and where the"oouunence"or offense took place;
b. The names and addresses of any injured persons and witnesses; and
C. The nature and location of any injury or damage arising out of the"occurrence"or �
offense.
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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 ofthe claim or"suit"and the date received; and
g. Notify usae soon aspracticable. �
The additional insured must see to it that we receive written notice of the claim or"suit" �
eo soon aopracticable. �
%. Assistance And Cooperation OfTho|neuned
The additional insured must:
o. Immediately send us copies of any demands, notices, summonses or legal papers
received |n connection with the claim or"ouif�
.
b. Authorize uehoobtain 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 or �
organization which may be liable to the insured because ofinjury or damage towhich
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
|fwm cover u claim or"ouit' under this Coverage Part that may also be covered byother
insurance available{othe additional ineured, such additional insured must submit such claim
nr"suit'to the other insurer for defense and indemnity.
Attachment Code:D46535X
Cmdfiomc\D: l509M25
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However,this provision does not apply to the extent that you have agreed inowritten
contract or written agreement that this insurance is primary and non-contributory with the
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additional imyuuaj's own insurance.
6. Knowledge OfAn Occurrence, Offense, Claim OrSuit
Paragraphs 1� and 2. apply to the additional insured only when such"000urmance". offense,
claim or"suit"is known to:
a. The additional insured that iaenindividual;
b. Any partner, �ner. the additional insured iaapartnership;
C. Any manager, |f the additional insured |aa limited liability company;
d. Any"executive officer"or insurance manager, if the additional insured is a corporation;
e. Any trustee, if the additional insured |sa trust; or
� Any elected or appointed official, if the additional insured is a political subdivision or �
public entity. �
P. Other Insurance |
VVith respect to insurance provided to the additional insured shown in the Schedule, the Other
Insurance Condition Section |V-Conditions ia 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 beprimary. |f other insurance ia also primary wewill
share with all that other insurance by the method described in3. 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 aoan additional insured orto other insurance described io �
paragraph 2. below. �
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2' Excess Insurance
This insurance is excess over any of the other insurance, whether primary, excess,
contingent oron any other basis: !
a' YourVVork �
That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage �
for"your wmrk"; �
b' Premises Rented toYou �
That is fire, lightning or explosion insurance for premises rented to you or temporarily
occupied by you with permission cf the owner;
C. 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;
d. 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;
e' Property Damage To Borrowed Equipment Or Use OfElevators
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 Dr Property Damage Liability; or
f. When You Are Added AsAnAdditional Insured Tm Other Insurance
Attachment Code:D465358
C^ili§oum ID: l589v325
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That is any other insurance available to you covering liability for damages arising out
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of the premises or operations, or products and completed operations, for which you �
have been added aeon 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". |fnoother
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, |f 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 �
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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 bo apply in excess of the Limits of
Insurance shown in the Declarations of this Coverage Part.
3' Method ofSharing
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 ie based onthe ratio of its applicable limit !
of insurance bn the total applicable limits mf insurance uf all insurers.
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Attachment Code:D46358
CunficntelD: 15099325
POLICY NUMBER:37CSEQU1173
COMMERCIAL AUTO
Attachment Code:[w6s3amcvrtium� ^ID: )5099Bz5 CA%U4U1&M3
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ|TCAREFULLY.
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 endomemend,the provisions of the Coverage Form apply
unless modified by the endorsement.
i
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 CALDVVELL ^
Endorsement Effective: 5/31/2018
SCHEDULE
Name ofPerann(s)orOmQonizoOon(s): �
Any person or organization whom you are required by contract to name as additional insured �
�
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations ea applicable h/the ondorsemontj
�
Each person or organization shown|n the Schedule isnn"inoured"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 11-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.
CA2V481Ud3
Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES
Carrier: Hartford Fire Insurance Company
Policy Number: 37CSEQU1172
Policy Term: 6/31/2018 to 5/31/2019
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.
i
I
f
i
Attachment Code:D465353
Certificate ID: 15099325
l
i
r
Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES
Carrier: Hartford Fire Insurance Company
Policy Number: 37CSEQU1 173
Policy Term: 5/31/2018 to 5/31/2019
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS
OSH-20
CITY OF OSHKOSH
215 CHURCH AVE.
OSHKOSH, WI 54903
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
Attachment Code:D465339
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: 37WNQU1 170 & 37WBRQU1 171
Policy Term: 5/31/2018 to 6/31/2019
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS
OSH-20
CITY OF OSHKOSH
215 CHURCH AVE.
OSHKOSH, WI 54903
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.
Attachment Code:D465340
Certificate ID: 15099325
Policy Number: ZUP-1DFl71075
NGrO8d Insured: BROWN AND C/\LDWELL '
Policy Term: 5/31/2018ho 5/31/2019
BROWN & C/\iDWEL[
NOTICE DFCANCELLATION
The following is added to section VII. D. Cancellation of this insuring agreement and to any
applicable state amendatory endorsement forming apart of this policy that contains 8provision
that replaces section \yU' 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 ofcancellation 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 WGofthe
cancellation of this policy; and
2. VVe receive Such written request at least 14 days before the beginning of the applicable
number nf days shown iD 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 ofcancellation
3Udoy8
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All other terms of your policy remain the same.
Attachment Code:D468x@
Cnuifiumolo: 15099325
Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES
Policy Number: LDUSA 1800482
Policy Term: 5/31/2018 to 5/31/2019
PROFESSIONAL AND POLLUTION LIABILITY-NOTICE OF CANCELLATION
OSH-20
CITY OF OSHKOSH
215 CHURCH AVE.
OSHKOSH, WI 54903
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