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Home My WebLink AboutPW CNT 06-02/Strand sa. STRANO ASSOCIATES. INC. F i\.i :7.] i.""-i ;:; ::: .;~ r; 910 West Wingra Drive Madison, WI 53715 Phone: 608-251-4843 Fax: 608-251-8655 Office Locations Madison, WI Joliet, IL Lexington, KY Louisville, KY Mobile, AL Columbus, IN Lancaster, OH Indianapolis, IN Milwaukee, WI Cincinnati, OH www.strand.com r-~RECEIVEDI I 22 I I !)eLf C'C D~.IR~.iC WC1Ri{S" f LQ~JiKOS~~2lli_J Transmittal Letter To: City of Oshkosh 215 Church Street Oshkosh, WI 54903-1130 Date: June 21, 2006 I Project No.: I 1-382-018 Attention: David Patek, DPW RE: Construction-Related Services Agreement - Project 06-02 WE ARE SENDING YOU: o Attached o Under Separate Cover o Shop Drawings o Change Order o Copy of Letter o Specifications o Drawings o Samples ~ Other: Signed Contract_ Copies Date No. Description 2 6/21/06 Construction-Related Services Aareement dated 6/21/06 . THESE ARE TRANSMITTED as checked below: o For approval o For your use o As requested o For review and comment o Approved as submitted o Approved as noted o Returned for corrections o Other o Resubmit _ copies for approval o Submit _ copies for distribution o Return _ corrected prints Please review and return one executed copy to our office for our files. Please contact our office if you have any questions. Thank you. 1- I ( ). oD G? ~16.-.4~~)-!~ ">~~f" j- ~S. 5~, Q;gned~.g rz ~j -P~* Jeffrey S. au, P.E. J Lc 8b ~I: (\ohf1."'),,"-O) ~~Ct~<f21) Remarks: Copy to: Tom Foltz Correspondence File S ;\@SAI\351--400\382\018\Wrd\trans062106jsr.doc "'" Sl STRAND ASSOCIATES. INC.!! ENGINEERS 910 West Wingra Drive Madison, WI 53715 Phone: 608-251-4843 Fax: 608-251-8655 Office Locations Madison, WI Joliet,IL Louisville, KY Lexington, KY Mobile, AL Columbus, IN Lancaster, OH Indianapolis, IN Milwaukee, WI Cincinnati, OH www.strand.com June 21,2006 City of Oshkosh 215 Church Street Oshkosh, WI 54903-1130 Attention: David Patek, DPW Re: Agreement for Construction-Related Services for the North Side Pumping Station, Murdock Pumping Station, Snell Road Pumping Station, and Bowen Pumping Station. This is an Agreement to provide Construction-Related Services (Services) for the North Side Pumping Station, Murdock Pumping Station, Snell Road Pumping Station, and Bowen Pumping Station, hereinafter referred to as the PROJECT, between the City of Oshkosh, hereinafter referred to as OWNER, and Strand Associates, Inc., hereinafter referred to as ENGINEER. Scope of Services Construction-Related Services shall include the following: 1. Review shop drawings, interpret and clarify Contract Documents, prepare change orders as necessary, process applications for payment, and provide services under the authority given to ENGINEER in the Contract Documents. 2. Provide a part-time resident project representative (RPR) for observation of construction. In furnishing observation services, ENGINEER's efforts shall be directed toward determining for OWNER that the completed PROJECT will, in general, conform to the Contract Documents; but ENGINEER shall not supervise, direct, or have control over Contractor's work and shall not be responsible for Contractor's construction means, methods, techniques, sequences, procedures, or health and safety precautions or programs, or for Contractor's failure to perform the construction work in accordance with the Contract Documents. 3. Transmit manufacturer's O&M manual to OWNER for OWNER's incorporation into the O&M manual. .. Sl STRAND ASSOCIATES, ING.@ ENGINEERS City of Oshkosh Page 2 June 21, 2006 4. Assist OWNER with start-up of PROJECT hnprovements. The Construction-Related Services identified above are estimated to require 290 hours of engineering time, 520 hours ofRPR time, and 120 hours of secretarial time. Services Elements Not Included The following services are not included in this Agreement. If such services are required, they shall be provided as noted. 1. Services Furnished During Readvertisement for Bids, if Ordered by OWNER: If a Contract is not awarded pursuant to the original bids, any services of this type shall be provided for by an amendment to this Agreement. 2. Revising Designs. Drawings, Specifications, and Documents: Any services required after these items have been previously approved by state or federal regulatory agencies, because of a change in PROJECT scope or where such revisions are necessary to comply with changed state and federal regulations that are put in force after Services have been partially completed, shall be provided for by an amendment to this Agreement. 3. Additional and Extended Services during construction made necessary by: a. Work damaged by fire or other cause during construction. b. A significant amount of defective or neglected work of any Contractor. c. Prolongation of the time of the construction contract. d. Default by Contractor under the construction contract. Any services of this type shall be provided through an amendment to this Agreement. 4. Review of Product Substitutions Proposed by Contractor: The terms of the construction Contract (GC 6.7.3) call for the construction Contractor to reimburse OWNER for ENGINEER's fee for evaluating substitute products. ENGINEER's fee for such evaluations is not included in the scope of this Agreement. Provision of such service by ENGINEER shall be provided for by an amendment to this Agreement. 5. Payment Requests: ENGINEER's review of payment requests from Contractor(s) shall not impose responsibility to determine that title to any of the work has passed to OWNER free and clear of any liens, claims, or other encumbrances. JSR:mio\1-3 82-0 18\R:\ W ordp\Agreements ]roject Specific\Agreements\jsr.Oshkosh.doc Sl STRAND ASSOCIATES.INGc!l ENGINEERS City of Oshkosh Page 3 June 21, 2006 6. Preparation for and/or Appearance in Litigation on Behalf of OWNER: Any services of this type required to be provided by ENGINEER shall be provided through a separate agreement with OWNER. 7. Archaeological Investigations: The compensation does not include the cost for archaeological investigations. If required, OWNER shall contract directly with an archaeological firm for these services. 8. Permit and Plan Review Fees: All permit and plan review fees payable to regulatory agencies shall be paid for by OWNER. Should ENGINEER pay such fees to expedite approvals, ENGINEER shall be reimbursed by OWNER. 9. Land Surveys: Any services involved in land surveys necessary to establish property boundaries shall be provided through a separate agreement with OWNER. Compensation The Services performed under this Agreement shall be provided for a limiting flee of $86,000. Services shall be provided on an hourly rate basis, plus expenses. Hourly billing rates are adjusted annually on July 1 and shall be based on ENGINEER's standard hourly rates in effect at the time. Expenses incurred such as travel, meals, printing, postage, copies, computer, electronic communication, and long distance telephone calls shall be billed at actual cost plus 5 percent. The limiting fees shall not be exceeded without prior notice to and agreement by OWNER but may be adjusted for time delays, time extensions, amendments, and changes in the Scope of Services. Any adjustment shall be negotiated based on ENGINEER's increase in costs caused by delays, extensions, amendments, or changes. Only sales taxes or other taxes on Services that are in effect at the time this Agreement is executed are included in the compensation. If the tax laws are subsequently changed by legislation during the life of this Agreement, the Agreement shall be adjusted to reflect the net change. Payment OWNER shall make monthly payments to ENGINEER for Services performed in the preceding month based upon itemized monthly statements. Nonpayment 30 days after the date of invoicing may, at ENGINEER's option, result in assessment of a 1 percent per month carrying charge on the unpaid balance. JSR:mro\I-3 82-0 18IR:\ W ordp \Agreements ]roject Specific\Agreements\jsr.Oshkosh.doc Sl STRAND ASSOCIATES, INC.~ ENGINEERS City of Oshkosh Page 4 June 21,2006 Schedule The Construction-Related Services are anticipated to be completed by Apri11, 2007. Termination This Agreement may be terminated with cause in whole or in part in writing by either party subject to a two-week notice and the right of the party being terminated to meet and discuss the termination before the termination takes place. ENGINEER shall be paid for all completed or obligated Services up to the date of termination. Standard of Care The standard of care for all services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. Dispute Resolution Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes, and other matters in question between OWNER and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided first by mediation, if the parties mutually agree, or with a bench trial in a court of competent jurisdiction within the State of Wisconsin. Opinion of Cost Any opinions of cost prepared by ENGINEER are supplied for general guidance of OWNER only. ENGINEER has no control over competitive bidding or market conditions and cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to OWNER. Data Provided by Others ENGINEER is not responsible for the quality or accuracy of data nor for the methods used in the acquisition or development of any such data, where such data is provided by or through OWNER, Contractor, or others to ENGINEER and where ENGINEER's Services are to be based upon such data. Such data includes, but is not limited to, soil borings, groundwater data, chemical analyses, geotechnical testing, reports, calculations, designs, drawings, specifications, record drawings, Contractor's marked-up drawings, and topographical surveys. JSR:mro\1-3 82-0 18\R:\W ordp\Agreements _Project Specific\Agreements\j sr. Oshkosh. doc Sl STRAND ASSOCIATES. INC.<<> ENGINEERS City of Oshkosh Page 5 June 21, 2006 IN WITNESS WHEREOF the parties hereto have made and executed this Agreement. ENGINEER: OWNER: STRAND ASSOCIATES, INC. CITY OF OSHKOSH c./Z';"~ --;;?2:/A. (-P~ Date ~\JJ; . City Clerk ". D~te 11.J- .{- {o<-c~ I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin under this Agreement. ~~r#N~- Roger . Huchthausen Corporate Secretary GCJ"'x...o Q ~ City Comptroller 71r2-lolk- Date JSR:mro\l- 382-0 18\R:\ W ordp\Agreements ]roject Specific\Agreements\j sr, Oshkosh, doc !: : ',' ;'" j..' ::~ :~ :'~~ -r;.:U'f ROM -f)... [}..;J/2r-1<- ~ '~1, sa. STRANO ASSOCIATES INC. 910 West Wingra Drive Madison, WI 53715 Phone: 608-2514843 Fax: 608-251-8655 To: Transmittal Letter City of Oshkosh 215 Church Street Oshkosh, WI 54903-1130 RE: June 29, 2006 Project No.: 1-382-018 David Patek, DPW Contract Amendment #2 - Project 06-02 WI ~ "J~..Q) (0/0 41. <06) Office Locations Madison, WI Joliet, IL Lexington, KY Louisville, KY Mobile, AL Columbus, IN Lancaster, OH Indianapolis, IN Milwaukee, WI Cincinnati,OH Date: Attention: WE ARE SENDING YOU: D Attached o Under Separate Cover www.strand.com o Specifications o Drawings o Copy of Letter o Samples } - RE~E:VED ) P j' B.! v? n Ii ,0'" V N ~ " '" . I , D.EFT. OF PUBliC WORKS i . LOSHKOSI;!, WISQ.Ql:JSIN j o Shop Drawings o Change Order C8J Other: Signed Contract_ Copies Date No. Description 2 6/28/06 Contract Amendment #2 - Dated 6/28/06 . " THESE .ARE TRANSMITTED as checked below: o For approval o For your use o As requested o For review and comment o Approved as submitted o Approved as noted o Returned for corrections o Other o Resubmit _ copies for approval o Submit _ copies for distribution D Return _ corrected prints Remarks: Please review and return one executed copy to our office for our files. Please contact our office if you have any questions. Thank you. Copy to: Tom Foltz Correspondence File Sigl'l'ed. Jeffr~~f S :\@SAI\351--400\382\018\Wrd\trans062906jsr.doc "",-:- "",'1 51 STRANO ASSOCIATES, INGC!!l ENGINEERS 910 West Wingra Drive Madison, WI 53715 Phone: 608-251-4843 Fax: 608-251-8655 Office Locations Madison, WI Joliet,IL Louisville, KY Lexington, KY Mobile, AL Columbus, IN Lancaster, OH Indianapolis, IN Milwaukee, WI Cincinnati, OH www.strand.com June 28, 2006 City of Oshkosh 215 Church Avenue Oshkosh, VVI 54903-1130 Attention: David Patek, DPVV Re: Amendment No.2 to the March 28, 2005, Agreement for Design Services and Bidding-Related Services for the North Side Pumping Station, Murdock Pumping Station, and Snell Road Pumping Station This is Amendment No.2 to the referenced Agreement. Change Compensation as follows: North Side Pumping Station Planning and Design (lump sum) Murdock Pumping Station Design (lump sum) Snell Road Pumping Station Design (lump sum) Change Schedule as follows: "the planning and design services will be completed by June 2, 2006, and bidding-related services will be completed by July 15,2006." $34,000 $27,000 $13,000 IN VVITNESS VVHEREOF the parties hereto have made and executed this Amendment. ENGINEER: OVVNER: STRAND ASSOCIATES, INC. ~t7~-V~~ r;,~4/o~ Roger H. Huchthausen Date Corporate Secretary df'...?e9~2,ppt;, Date 3J~( ~1 AkI>> Q CMPUA/ City Comptroller ~/ 30/6 h Date JSR:mro\1-382-0 18\R:\ Wordp\Agreements _Project Specific\Amendments\tlf.Oshkosh.Amendment No 2,doc ,. ~ 07H<Off-J ON un:. WAIt:1f TO:- /;" L~:r /~y--. f.1ll.~ / ~or review/information o For appropriate action o Please return o Please see me o Per your request FROM THE DESK OF (6-22' :(aob DAVID PATEK CL Gj ~k l~tt' ~~) ~ -tk (Wltk c.rj 1 '. "..,;,; " REER. & ASSOCIATES, INC. CONSULTING ENGINEERS 93 South Pioneer Road, Suite 300 Fond du Lac, WI 54935 Phone 920-924-5720 Fax 920-924-5725 City of Oshkosh 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54902-1130 Attention: Mr. David Patek, PE Director of Public Works Subject: Contract Amendment No.2 Washburn Street Dear Mr. Patek: The following is Contract Amendment No.2 for additional engineering services related to the design of the Washburn Street project. The contract made and entered into by and between the City of Oshkosh and Gremmer & Associates, Inc. dated July 13, 2005, and Amendment No.1 dated January 26, 2006, is hereby amended as set forth on the following pages. ADDITIONAL SCOPE OF WORK 1. Sanitary sewer and watermain design. 2. Fixture appraisal for Parcel 7 (Racette Ford). This work will be subconsulted out to GJ. Miesbauer & Associates, Inc. COMPENSATION Gremmer & Associates, Inc. revised "not-to-exceed" fee for the proposed project, based on the Scope of Work and Assumptions is $132,908.50, including reimbursables. This is an increase of $12,700 over the previous contract fee. If this amendment is acceptable, please sign below and return one copy to me for our files. Thoma L.' anser, PE Presiden Gremmer & Associates, Inc. For the OWNER: City of Oshkosh See Page 1A Name June 14, 2006 Date - 1 - Stevens Point, WI Lakeville, MN Fond du Lac, WI Signed for and in behalf of the City of Oshkosh r;;/# ~ Richar~ A. W ollangk, City Manager r (('-:: 1'=;~~~~r.')~Ib- G_K~,~ ~iLj~ vk~J{ Warren P. Kraft, City Attorney ~a~ Edward A. Nokes, City Comptroller I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. lA (( , , April 26, 2006 G.J. Miesbauer & Associates, Inc. RIGHT OF WAY ACQUISITION SPECIALISTS Thomas Lanser, P.E. Gremer & Associates, Inc. 93 South Pioneer Road, Suite 300 Fond du Lac, WI 54935 Re: Contract change for contract for: Project 10: 050705 North Washburn Street City of Oshkosh APR 2 8 2006 Dear Mr. Lanser: I have attached an invoice for $2,200 for the fixture appraisal of parcel 7. This invoice is from the fixture appraiser who prepared a report for use in conjunction with the appraisal of parcel 7. We discussed the necessity of obtaining a fixture appraisal at our kickoff meeting on January 19, 2006. It was decided at that time that I would submit a contract change order for the additional cost. Unfortunately, I neglected to do it at that time Please consider this the revision to the contract to add an additional $2,200 for this report. I have attached a revised fee schedule. If this agreement is acceptable, please sign both copies and return one to me. Feel free to call if you have any questions. Sincerely yours, ~~4L Gerald J. M~u~r, SRNVA President Agreement accepted by: Thomas Lanser, P.E. Gremer & Associates, Inc. Date 2984 Triverton Pike Drive - Madison, WI 53711 - phone (608)270-0150 - fax (608)270-0170 - gjmieshauer.com ,_..A> FEE SCHEDULE North \j\Jashburn Street City of Oshkosh Acquisition Stage Relocation Plan for 2 complex parcels .....$ 3,000 Appraisals for 6 parcels .............................................................$17,450 * . Parcel 2. ............ ....... ...... ................ ............................ $ 3,000 . Parcel 3.... .................... ......... ........ ........................ ..... $ 1,500 . Parcel 6.......... .......... ... ................. ........ ...................... $ 1,250 . Parcel 7...................................................................... $ 5,000 . Fixture appraisal for parcel 7 .................................... $2,200 . Parcel 9...................................................................... $ 3,250 . Parcel 1 0.................................................................... $1,250 Subjective appraisal review of 6 parcels @ $200 each...........$1,200 Title updates for 6 parcels @~$60 each ....................................$360 ** Relo assistance for 2 complex parcels @$5,000 each ...........$10,000 Acquisition of 6 parcels @ $2,500 each .........~.........................$15,000 Acquisition of 5 utility parcels @$600 each.............................$3,000 M iscella neous expenses................... ........... .............................. $ 2,000 * Appraisal fees do not include consulting fee for trial prep at $125 per hour and court appearance fee at $175 per hour. **Title insurance recommended for the acquisition at additional per parcel cost. (/j t- Z w :!: ::) () o C t- ~ t- Z o () ~ o o o O::en Z ::::>W . ~o ~ ~ ...I~~ 0 -.. <(<((!)NU en ' ::::> o.Oen Z>- ~o::::>8$ ~o.' ~<(z co 0 ..::::001-:c~8oe:su ' 01- 0:: i= ~u en N 0:: en ...1<( O>-W. W...II- ~<(I-O:: O~en!z:C~Z~ g:en(!)O~ $$ u.i~OlJ.. 1-0 00. 0 en en3 ~ 5 :co. U ::::>. I- <( 0:: o Z - AUGUWIN-02 STDE ACORD". CERTIFICATE OF LIABILITY INSURANCE (920) 739-7711 DATE (IIIIM/DDNY) 9/27/2007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE .--HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE F'aR THE POLICY PERIOD INDICATED. NOTWITHSiANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE PQLlCY N\)rJI~ER PO.L1C"; EFFECTIVE POLICY EXPIRATION LIMITS PRODUCER Insurance Services, Inc. 122 E College Avenue PO Box 877 Appleton, WI54912~0877 r~ --- I August Winter & Sons, II Attn: Sharon Bons \ i POBox 1896 i \1 Appleton, WI 54913-18Q I ..... .""",_~~~ ",,_,_...,..,...~1";~~'~" -,- . INSURED GENERAL LIABILITY A X COMMERCIAL GENERAL LIABILITY DT -CO-6934C377 -COF-07 I CLAIMS MADE [i] OCCUR ~ Contractual LiablIDY____, B AUTOMOBILE LIABILITY xl ANY AUTO' I , ALL OWNED AUTOS ..~. '.~ SCHEDULED AUTOS X HIRED AUTOS ~_"'''''W"",'",di i DT81 0-32302093- TIL-07 i GARAGE LIABILITY ANY AUTO C ~i,t:~.utv [J """' "'" t=l DEDUCTIBLE !'i-- RETENTION XS1148644 o $ D WORKERS COMPENSATION AND EMPLOYERS' L1~BILlTY DTDTBH~UB-6934C377 -CJ7 . OTHER B Work Comp - All Other States DTJ-UB-5580L002-07 INSURERS AFFORDING COVERAGE INSURER A: Charter Oak Fire Insurance CO INSURER B: TravelersProRerty Casualty ComRany of America INSURER c: Cincinnati Insurance ComRany .__~~__~_ INSURER D: Travelers Indemni Com an __ of America INSURER E: 10/1/2007 10/1/2008 EACH OCCURRENCE 1 $._- _..1,l)9l),Ql) FIRE DAMAGE (Any ()~.fireL ~_____ ___ ..~9J),l)9Q MED EX~An~-"..I1.~ p-"'s.()~ __ ~ ___.__ _ __ ___..:IQ,999 PERSONAL & ADV INJURY .L__. _J,l)QO,Q9.. GENERAL AGGREGATE. LL__.___~,()J)(),QQ_ PRODUCTS_- CO~-'-Of'.A...<?.Q 11.. l,Q()Q,()O 10/1/2007 " 0/112008 &~~~~~~~t;INGLE LIMIT i ~________~~~~~'.~~_ I BODILY INJURY I' $ ig~e-':.':"'1L-'~_Cl-,-.-'-'-"-cJ.c'--____ __ __ _. ___.__ ' I h i r----- PROPERTY DAMAGE . (Per accident) I $ AUTO ONLY - EA ACCIDENT I $ r~--' -------.---.--~----..-----.r .---. . I OTHER THAN .E'~i\_Cgp__. _____.___. AUTO ONLY: AGG i $ AEAG-<:;G!iR--'E()G,Q..AC.TUE~~E..NC:;-E ..1 $$" 15,OOO,9l) ..15,0()9,()9 =--=-:==11- $ _xl I'6~~IfJlisl_ OJ~-'n EL. EACH ACCIDENT ' $ E.L. DISEASE :-J:EMPL~~~~r~- ._.~____.__._.._n..._"."__' . I" ,. E.L. DISEASE - POLICY LIMIT . $ IEmPIOyers Liability I BODILY INJURY (Per accident) 10/1/2007 10/1/2008 10/1/2007 0/1/2008 u. 10Q;()()0 100,000 500 000 10/1/2007 10/1/2008 $100/500/100,000 DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: North Side, Snell Road and Murdock Pumping Station Upgrades, Contract 06-02, City of Oshkosh, WI - The City of Oshkosh, their elected or appointed officials, employees, and Strand Associates, Inc. are named as additional insureds under the Comm'l General Liability, Auto Liability and Excess Liability (to the extent required by written contract or agreement) as respects the operations of the Named Insured. Attachments: CGL Additional Insured-Designated Person or Organization #CGT491; Auto Additional Insured #CA2048. The Excess Liability Policy follows form of the underlying CGL and Auto Additional Insured Endorsements (see attached Page 9 of 12, XS 101 UM 1204 - definition of Insured). CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: Oshkosh, City of City Clerk's Office - City Hall POBox 1130 Oshkosh, WI 54902-1130 ACORD 25-5 (7/97) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER W1L~ MAIL~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, tQPF.~~~~MLL ~~~~~~~~~~ ~~. AUTHORIZED REPRESENTATIVE <::::-~ . ~. a. ~)- @ACORD CORPORATION 1988 CG T491 11 88 ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: See Below WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your acts or omissions. CG T4 91 11 88 Privacy I LeClal Notices @2007 The Travelers Companies, Inc. Contract 06-02, City of Oshkosh, WI (North Side, Snell Road & Murdock Pumping Station Upgrades) The City of Oshkosh, their elected or approved officials, and Employees (Owner), and Strand Associates, Inc. (Engineer), Snell Road, Oshkosh, WI 54901 That the persons insured under this policy is amended to include as Additional Insured, Owner and Engineer as well as other individuals and entities so identified, but only with respect to liability arising out of (1) operations performed for the additional insured by the Named Insured, or (2) Acts or failure to act by the additional insured in connection with general supervision, inspection, and/or coordination of contractors operations August VVinter &'80ns, Inc. Effective 10-1-07/08 POLICY NUMBER: 'DT810-323D2093-TIL-07 COMMERCIAL AUTO ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the follOWing: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE fORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Fonn apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Fonn. This endorsement does not alter coverage provided in the Coverage Fonn. SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED TO INCLUDE AS AN ADDITIONAL INSURED ON THIS COVERAGE FORM IN A WRITTEN CONTRACT OR AGREEMENT THAT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS AND THAT IS IN EFFECT DURING THE POLICY PERIOD. (If no entry appears above, infonnation 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 Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc.. 1998 Page 1 of 1 oa32B3 . . /~--,\ transfer those rights to us and help us enforce them. b. Any recoveries shall be applied as fol- lows: (1) First, we will reimburse anyone. in- cluding the "insured", the amounts actually paid by them that were in excess of our payments; (2) Next, we will be reimbursed to the extent of our' actual payment; and (3) Lastly, any ~mounts left after meet- ing the obligations outlined in (1) and (2) above will be distributed t~ any- one else known to us at the time a recovery is made and who is legally entitled to such recovery. Expenses incurred in the. recovery. shall be apportioned among aU Interests In the ratio of their respective recoveries as fi- nally settled. If there is no recovery as a result of our attempts, we shall bear all of the recovery expenses. c. If prior to injury or damage taking place to which this Coverage Part would apply, you and the issuer of your applicable ~underlying insurance" waive any right of recovery against a person o~ organiza~on for injury or damage, we Will also waive any rights we may have against such person or organization, 13. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named In- sured shown in the Declarations written notice of the nonrenewal not less than 30 days be- fore the expiration date. If notice is mailed. proof of mailing will be suf- ficient proof of notice. SECTION IV - DEFINIllONS 1. "Authorized representative~ means: a. If you are: (1) An individual, you and your spouse are "authorized representatives", (2) A partnership or joint venture, your members, your partners, and their spouses are "authorized representa- tives" . j . --'~'} \<__.J {3} A limited liability company, your members and your managers are "authorized representatives". (4) An organization other than a part- nership. joint venture or limited liabil- ily company, your executive officers and directors are "authorized. repre- sentatives", Provided you are not a publicly traded organization, your stockholders are also "authorized representatives". (5) A trust. your trustees ar~ "authorized representatives", b. Your employees assigned to manage your insurance program, or assigned to give or receive notice of an 'occurrence, offense, claim or suit are also "authorized representatives" . 2. .Coverage term" means the following individ- ual increment or if a multi-year policy period, increments, of time, which comprise the policy period of this Coverage Part: a. The year commencing on the Effectk,e Date of this Coverage Part at 12:01 AM standard time at your mailing address shown in the Declarations, and if a multi- year policy period, each consecutive an- nual period thereafter, or portion thereof if any period is for a period of less than ~ 2 months, constitute individual .coverage terms". The last "coverage term" ends at 12:00 AM standard time at your maUing address shown in the Declarations on the earlier of: (1) The day the policy period shown in the Declarations ends; or (2) The day the policy to which this Cov- erage Part is attached is terminated or cancelled. b. However, if after the issuance of this Coverage Part, any "coverage term" is extended for an additional period of less than 12 months, that additional pEtriod of time will be deemed to be part of the last preceding "coverage termM. 3. "Electronic data" means information, facts or programs stored as or on. created or used on, or transmUted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically con- trolled equipment. 4. "Hostile fire" means one that becomes un- controllable or breaks out from where it was intended to be. ~"Ins,ured" means the Named Insured show~ in ~the Declarations and any person or orgaOlza- tion qualifying as such in the "underlying illl- surance". XS 101 UM 12 04 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 901 12