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HomeMy WebLinkAboutBrown and Caldwell/W Snell Rd Watershed CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5065 FAX(920)236-5068 LETTER OF TRANSMITTAL To: Mr. Jim Bachhuber Date: April 13, 2015 Brown and Caldwell Sub'ect: Executed Agreement 8383 Greenway Boulevard West Snell Road Watershed Storm Suite 600 Water Conve ance Anal sis Middleton, WI 53562 Please find: � Attached ❑ Under Separate Cover ❑ Copy of Letter � Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantit Descri tion 1 Executed A reement These are being transmitted as indicated below: ❑ For Approval � For Your Use ❑ As Requested ❑ For Review 8�Comment Remarks: Enclosed is a copy of the executed agreement for the West Snell Road watershed storm water conveyance analysis 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 Attorney's Office—Copy `--- City Clerk's Office—Original cc: _ File—Original Signed: Trac L. Taylor I:\Engineering\Tracy TaylorUames'Agreementsl8rown&CaldwelllB&C LOT-W Snell Rd Wtrshed SW Convey Maly Executed Agreemnt 4-13-15.docx . ' AGREEMENT � � THIS AGREEMENT, made on the � day of �(�r� , 2015, by and between the CITY OF OSHKOSH, party of the frst part, hereinafter referred to as CITY, and BROWN AND CALDWELL, 8383 Greenway Boulevard, Suite 600, Middleton, WI 53562, par�y of the second part, hereinafter referred to as the CONSULTANT, � WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMEN7 for WEST SNELL ROAD WATERSHED STORM WATER CONVEYANCE ANALYSIS. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shal[ assign the folfowing 9nclividual 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 Projec# Manager. The CiTY shalf 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. ARTfCLE Il. CITY REPRESENTATIVE The CITY shafl ass9gn the�following individual to manage the PROJECT described in this AGREEMENT: James Rabe, P.E,, CPESC—Civil Engineering Supervisor ARTICLE Ill. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSUE.TANT's Scope of Services. C1TY may make or apprvve 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 wil! be made through an amendment to this AGREEMENT. All reports, drawings, specifications, computer files, field data, notes, and ofher documents and instrumen#s prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documen#s 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 wili be the degree of ski11 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. I:IEnglneerinplTrecy TayloAJamee'ApreemenfalBrahn 8 Celdwre111W Snell Rd Wlrshed SW Convey Maly Page 1 of 5 Agreerml_3-10-15,docx ARTICLE V. OPINI�NS OF COST FENANCIAL CONSIDERATIONS AND SCHEDULES In providing opinions of cost, financiai analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no contro! over cost or price of labor and materiais; unknown or latent conditions of existing equipment or structures that may affect operafion ar main#enance costs; compefitive bidding procedures and market conditions; time or qua(ity of performance by operating personnel or third parties; and other economic and operational factors that may materialfy affect the ulfimate project cast or schedule. Therefore, it is undersfood between the parties that the CONSULTANT makes no warranty that the CITY's actual project costs, firiancial aspects, economic feasibilify, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, wil! 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 that fhe C�NSUL.TANT reasonably relied upon and that are incorporated into the record drawings. ARTICIE VII. CITY RESPONSIBILfTfES 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 unreasonabie delay in the CONSULTANT's work, the CITY will examine ali reports and other documents and wilf make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE Vill. CITY'S INSURANCE C17Y will m�intain property insurance on al( pre-existing physical facifities associated in any way with the PROJECT. CITY will provide (or have the cons#ruction contractor{s} provide) a Builders Risk A(I Risk insurance policy for the full replacement vafue of all project work including the value af all onsite CITY-furnished equipment and/or materials associated with CONSULTANT's services. Upon request, CITY will provide CONSUL.TANT a copy of such policy. ARTICLE IX. TIME OF COMPLETION The work to be perFormed under this AGREEMENT shall be commenced and the work completed within the time fimits as agreed upon in the CONSULTANT's Scope of Services. 1:1F�glnee�nglTreq TeylaUamea'Aflreemenlsl6roH,n&Caldv�,�e111W Snell Rd WVShed SW Convey Analy Pa e 2 of 5 AyreemM 3-1af6.doax g The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional prac#ices. The CITY agrees that the CONSULTANT is not responsible for damages arising directly or indirectiy from any delays for causes beyond the CONSULTANT's control. For the purposes af this AGREEMENT, such causes include, but are not [imited to, strikes or other labor disputes, severe weather disruptions or other nafural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulfing from any such causes increase the time required by the CONSULTANT #o pertorm i#s services in an orderiy and efficien# manner, the CONSUl.TANT shall be enti#led to an equitable adjustment in schedule. ARTICLE X. COMPONENT PARTS �F 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 at#ached: 1. This Instrument 2. CONSULTANT's Scope of Services dafed March 2, 2015 and attached hereto In the event that any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any o#her of the component parts, the provision in the component part first enumerated above shall govern over any other component par� which follows it numerically except as may be otherwise specifically s#ated. ARTICLE Xi. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for fhe performance of the AGREEMENT the tota( 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 $19,434 (Nineteen Thousand Four Hundred Thirty-Four pollars). • Attached fee schedule shall be firm for the duration of this AGREEMENT. B. Method af Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shafl pay the CONSULTANT within 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 stateinent as to the reason(s) for withhofding paymenf. C. Additional Cosfs. Cos#s for additional senrices 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 subjec# amendment. D. Indirect Costs. [ndirect costs such as computer time, printing, copying, cell ph�ne charges, telephane charges, and equipment rental shall be considered overhead and shal( not be invoiced separately to the PROJECT. � E. Expenses. Expenses may be bilJed with up to a maximum af 10% mark-up. All invoices with expenses sha11 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. 1:1Enpineerinyl7racy TaylorUames'ApreementstBrovm 8 Cald�xa111W Snell Rd WUShed SW Convey Maly Page 3 of 5 Apraemnt 3•10-15.docz ARTICLE XI1. HOLD HARMLESS The CONSULTANT covenanfs and agrees to protect and hold fhe City of Oshkosh harmless against all actions, claims, and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negfigent acts of the CONSULTANT, �is/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 (aw or administrative regulation, and shall indemnifiy to the CITY for a!I 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 hoid CONSULTANT harmless from any and a11 liability, including claims, demands, losses, cosfs, damages, and expenses of every kind and description {including death), ar damages to person or property ar'ssing out of re-use of the documents without consent where such liability is founded upon or grows ou# of the ac#s or omission of any of the ofFicers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XIII. INSURANCE The CONSULTANT agrees to abide by the at#ached Cify of Oshkosh lnsurance Requirements. ARTlCLE XIV. TERMINATlON A. For Cause. If the CONSUL.TANT shall faii 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 wri#ten notice to the CONSULTANT. in this event, the CONSUI.TANT shall be entitled to compensation for any satisfac#ory, usable work completed. B, For Convenience. The CITY may terminate this AGREEMENT at any time by giving writfen notice to the C4NSULTANT no later than 10 calendar days before the termination date. If the C(TY terminates under this paragraph, then the CONSULTANT shall be entitled to campensation for any satisfactory wark perFormed to the date of termination. This document and any specified attachments contain all terms and conditions of the AGREEMENT and any alterafion thereto shall be inva(id unless made in writing, signed by both parties and incorporated as an amendmenf to this AGREEMENT. ARTICLE XV. RE-USE OF PROJECT DOCUMENTS All reports, drawings, specifications, documents, and other cleliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service. for this PROJECT, whether the PROJECT is completed or nat. � CITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated , corporations from all claims, damages, fosses, 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. I:IEnpineeringlTracyTaylorUamea'Agreements\Bra,vn&CaldYveII1W SneU Rd WUshed SW ConvayAnaly Pa e 4 of 5 Apreemnl 3-10-15,doac g ARTICLE XVI. SUSPENSION. DELAY. �R INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of CITY. In such event, CONSULTANT's contrac# price and schedule shali be equitably adjusted, ARTICLE XVI1. NO THIRD-PARTY BENEFlCfARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSUL.TANT and has no third-party beneficiaries. . In the Presence of: CONSUI.TANT � sy: �� �ti;-�c-�' (Seal of Consultan �- "-Q r-�l��e� if a Corporation) (Specify Title) By: {Specify Title) CITY OF O KOSH By: (Vl/itness) __. . , Cit a e � __ _ S�S . � . � � A�,d: ' :�'�-� (Witness) Pamela R. Ubrig, City Clerk � APPROVED: E hereby certify that the necessary provisions have been made to pay the fiabiliky which will accrue under this AGREEM�NT. A orney �,,T�,�n,'�r� City Comptroller 1:1EnylneerinylTrocy TaylorUames'AgreamenlslBrvwn&Ca1d�a111W Srtall Rd Wlrshad SW Convay Analy Page 5 of 5 AprearmL3-10•f 5.docz ' RECEIVED West Snell Road Watershed Storm Water Conveyance Analysis 3/02/15 MAR -2 2015 ATTACHMENT A DEPT OF PUL�LIC WpRKS OSHKOSH, wrscoNSIN SCOPE OF SERVICES West Snell Road Watershed Storm Water Conveyance Analysis City of Oshkosh Overview This scope of services describes the tasks that will be conducted by Brown and Caldwell(BC)to analyze storm sewer needs for the project area (see attached Figure 1)to meet the City of Oshkosh's conveyance goals. The goals of the project are: 1. Size storm sewer to replace Snell Road/Stearns Drive Ditch to meet City Storm Water conveyance goals. 2. Evaluate capacity of proposed Snell Road/Stearns Drive storm sewer to handle Snell West Sanitary Pump Station dewatering flow during construction period. (9.28 cfs) 3. Provide future options to improve drainage for Edison Estates Mobile Home Park Scope of Work Task 1 Conduct Sife Invesfigation BC staff will conduct one site investigation to obtain the following information: a. Confirm and/or estimate geometry of the roadside ditches along West Snell Road and Stearns Drive within the project area. This task will be done with tape measures and field judgment(does not include field survey). b. Look at conditions of both ditches(to assist in estimating Manning's n and other hydraulic factors at culverts.) c. Confirm and/or modify drainage basin delineation and identify culverts entering ditches. d. Discuss other issues related to the pump station reconstruction project. Task 2 System Modeling 1. Execute Existing Conditions Hydrologic and Hydraulic Model (XP.SWMM 2D) a. Utilize Huff&Angel (Midwest Climate Center Bulletin 71)rainfall depths and distributions. b. Build, run and calibrate model with June 12-13, 2008 rainfall amounts and soil conditions and compare with actual observed flooding conditions to fine tune model. The City of Oshkosh will provide the rainfall distribution based upon the Wittman Regional Airport recording station. . c. Perform sensitivity analysis to determine which duration design storm is the most critical for conveyance system capacities (check the 30-minute, 1-hour,2-hour,and 3-hour duration storm events). d. Utilize existing land use and coverage characteristics. e. Account for the tailwater effects at the Stearns Drive discharge point to the slough. (water surface elevation of 747.56) f. The XP SWMM model will include the Omni Business Park storm water detention basin along West Snell Road. The detention basin discharge will be based on design documents provided by the City. i. Run model at the critical duration for the following design storm events:10- year, 25-year, and 100-year g. Prepare color figures showing the maximum extent of flooding during each storm event. The figures shall be color coded to show depth of flooding (typical ranges utilized are: 0.01'-0.25', 0.25'-0.5', 0.5'-1.0', and greater than 1.0'). W Snell Rd SW Analysls Scope FINAL.docx 1 West Snell Road Watershed Storm Water Conveyance Analysis 3/02/15 7. Limitations and qualifications of the analysis and selected alternative. A draft copy of the technical memo will be delivered to the City for review and comment before finalizing the memo. The final deliverable will include:three(3)hard copies of the Technical Memo, a PDF version of the Technical Memo including graphics,the project XP SWMM 2D files, and the final recommended storm sewer alignment and size will be provided to the City in a format that can be appended to the City's GIS files. Task 4 Meetings BC will meet with the City one(1)time to conduct face-to-face project meeting. This meeting may include City staff and other consultants providing services for the City. In addition, up to two(2) web-based meetings are budgeted to discuss project questions and decisions as needed. Assumptions: The scope and budget for this project were developed based on the following conditions and assumptions. 1. The Client agrees to: a) Meet with BC representatives, if required, and make timely decisions regarding design details, b) Provide all criteria and full information as to Client requirements for the Project, attend Project-related meetings, provide interim reviews on an agreed-upon schedule, make decisions on project alternatives,and generally participate in the Project to the extent necessary to allow BC to perform the Services, 2. The Scope of Work does not include: a) Preparation of federal, state,or local permits b) Survey work or any other field work other than that described under Task 1 c) Design work,or preparation of design plans. d) Public informational meetings 3. The City will provide all available documents, reports,files(digital or hard copy) necessary for the work to be conducted. BC is not responsible for the accuracy of the provided files and will not independently verify the information contained in the files. 4. This work will be completed in 2015. Proiect Budqet: BC proposes to perform the work as described in the Scope of Services in accordance with the attached labor rate table. A detailed budget breakdown is provided below, however individual phase budgets may vary so long as the total budget is not exceeded without express written agreement from the City. Phase Description Total Labor Total Labor Hours Effort � Conduct Site Investi ation 14 $ 2,188 2 S stem Modelin 63 $ 8,414 3 Pre are Technical Memo 24 $ 3,552 4 Meetin s & PM 41 $ 5,280 142 $ 19,434 W Snell Rd SW Analysis Scope FINAL.docx 3 Brown and Caldweil Schedule of Houriy Billing Rate - 2015 _ , � • - - Office/Support Servicesl $60-$65 _ . . _ _ _. ._ _ _ . Word Processor I ' DrafterTrainee Field ServiceTechnician l $62-�67 Office/SuppoK Services ll Assistant Drafter Field Service Technician II Word Processor II a63-�68 Office/Support Services III _ _ __ . Drafter Accountantl ; EngineeringAide ' Field Service7echnician III Wo�d Processor lll S65 Inspection Aide Office/Support Services IV , _ _ _ _ . _ _ .. Engineer l Geologist/Hydrogeologist l Senior Drafter Scientist I Accountant II $84 89 Seniorlllustrator SeniorFieldServiceTechnician WordProcessorlV Inspectorl _ _ ._ _ _ __ _ __ Engineer ll Accountant lll Inspectorll Geologist/Hydrogeologistll AreaBusinessOperationMgr �$$_�119 I Lead Drafter Scientist ll Technical Writer Lead Illustrator Word Processing Supervisor Engineer III Inspector III Geologist/Hydrogeologist III Accountant IV Senior Designer $105-$139 Supervising Drafter Scientist Iil Administrative Manager Supervising Illustrator _ _ __ Senior Engineer Principal Designer - SeniorGeologist/Hydrogeologist SeniorTechnical Writer 5130-3149 SeniorConstructionEngfneer SeniorSdentist - ' SeniorEngineer _ , ; _ _ Principal Engineer principal Geologist/Hydrogeologist Principal Construction Engineer principal Scientist Corp.ContractAdministrator $150-�168 Supervising Designer _ SupervisingEngfneer` SupervisingScientist ' SupervisingConstr.'Engineer SupervisingGeologist/ AssistantController $168-5189 , Supervising Engineer Supervising Hydrogeologist _:_ Managing Engineer Managing Geologist/Hydrogeologist qrea Bus Ops Mgr IV �190-$212 Managing Scientist _ _ _ _ _ _ . _ _ _ . . 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N � o Q U � a ; i .. � �� � � � � � ;; � i y .�-`� o'�C3 ,J � � /.� i f!S 4�_.----^ , --------' m V 1iYG;'. A�O� DATE(MM/DDM'Y1� �, CERTIFICATE OF LIABILITY iNSURANCE 5/31/2015 10/28/2014 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies NAMEACT � 444 W.47th S�eet,Suite 900 a�NN E • � No: Kansas City MO 64112-1906 p DR'ESS: (816)960-9000 INSURER S AFFORDING COVERAGE NAIC N wsuReR a:Hartford Fire Insurance Com an 19682 -- -INSURED-----. _ .__ ...___. .---------------- BROWN AND CALDWELL iNSUdeR e:Hartfo d Insurance Co of the Midwest 4 8- ---- 1310104 �D I.I.S WHOLLY OWNED SUBSIDIARIES iNSUReR c:St.Paul Fire and Marine Insurance Com any 24767 AND AFFII-IATES INSURER D:LIO ds of London 201 NORTH CIVIC DRIVE,SUITE i 1S INSURER E: WALNUT CREEK CA 94596 INSURER F: COVERAGES * CERTIFICATE NUMBER: 13177147 REVISION NUMBER: ��K� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS �Tp INSD WVD POLICY NUMBER MM/DD/YYY MM/DD/YYY A � X COMMEHCIAL GENERAL LIABILITY y N 37CSEQU1172 S/31/2014 S/31/�LOSS EACH OC URRENCE CLAIMS-MADE �OCCUF PREM SES(Ea occur ence) S 2 0����� MED EXP An one erson 0��0 PERSONAL 8 ADV INJURY S Z,OOO,OOO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S [�OOO OOO POLICY � JECT �LOC PRODUCTS-COMP/OPAGG 4 OOO OOO OTHER: S A AUTOMOBILE LIABILITY y N 37CSEQU1173 5/31/2014 5/31/2015 S (Ea accident) 2���Q�� X ANY AUTO BODILY INJURY(Per person) S � ��� ALL OWNED SCHEDULED - BODILY INJURY Per accident �' �� AUTOS AUTOS X HiRED AUTOS X AUTOSWNED PROPERIY DAMAGE s �,� S �� C X UMBRELLA LIAB X OCCUR Y N Zi1P-1OR71075-14-NF S/31/ZO14 S/3I/ZOLS EACH OCCURRENCE S 2 OOO OOO EXCESS LIAB CLAIMS-MADE AGGREGATE 3 2 OOO OOO DED RETENTION$ s WORKERS COMPENSATION - AND EMPLOYERS'LIABILITY N 37WNQU1170 S/31/2014 5/31/2015 X STATUTE ER ``� ANY PROPRIETOR/PARTNEFUEXECUTIVE Y�N 37WBRQU1171 S/31/2014 5/31/2015 - OFFICEH/MEMBER IXCLUDED7 � N/A E.L EACH ACCIDENT s 1 OOO OOO (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1 OOO OOO If yes,descrfbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY UMIT S 1 OOO OOO D PROFESSIONAL N N LDUSA1400482 5/31/2014 5/31/2015 $1,000,000 PER CLAIlvI& I-IABII-ITY AGGREGATE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACOR�101,Additional Remarks Sehedule,may 6e attaehed if more space is required) RE:GENERAI,STORMWATER SERVICES FOR 2015,BC SID:57251. CTI'Y OF OSHICOSH,AND TfS OFFICERS,COLTNCIL MEIvIDIItS,AGENTS,EMPLOYEES AND AUTHORIZED VOLUNTEERS ARE ADDTTIONAL INSURED ON A PRIMARY AND NON-CONTRIBUTORY BASIS ON GENERAL,AUTO AND EXCESS/UMBREI.LA LIABILITY CO VERAGE,WHIItE REQUIRED BY VVRITI'EN CONTRACT AND SUBJECT TO'ITIE TERMS AND CONDITTONS OF THE POLICY. THIRTY DAYS NOTICE OF CANCEI.LATION BY TT�INSURER WII.I,BE PRO VIDED TO THE CERTIFTCATE HOLDER WITH RESPECT TO THE GENERAL,AUTO,PROFESSIONAL LIABIITI'Y AND V✓ORKERS COMPENSATION POLICIES CERTIFICATE HOLDER CANCELLATION See Attachments 13177147 OSH-1 S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF OSHKOSH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ATTN:J�S RABE 215 CHURCH AVE. OSHKOSH WI 54903 AUTHORI2ED REPRESENTAT E /YI ✓E��'���� O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES Policy Number: 37CSEQU1172 � Policy Term: 5/31/2014 to 5/31/2015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT- OPTION II - ---- -This endorsement modifies insurance provided under the following: -- - -_-_----_------ __ COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Designated Project(s) or Location(s) of Or anization s : Covered O erations: ALL A�� Information re uired to com lete this Schedule, if not shown above,will be shown in the Declarations. A. Section II-Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule above with whom you agreed in a written contract or written agreement to provide insurance such as is afforded under this policy,.but only to the extent that such person or organization is liable for"bodily injury", "property damage"or"personal and advertising injury"caused by: . 1. Your acts or omissions or the acts or omissions of those acting on your behalf: ' a. In the performance of your ongoing operations for such additional insured at the project(s)or location(s)designated in the Schedule; . b. In connection with your premises owned by or rented to you and shown in the , Schedule; or , C. Ih connection with "your work"for the additional insured at the project(s)or I, location(s)designated in the Schedule and included within the"products-completed � operations hazard", but only if: (1) The written contract or agreement requires you to provide such coverage to such additional insured at the project(s)or location(s)designated in the Schedule; and (2) This Coverage Part provides coverage for"bodily injury"or"property � damage" included within the"products-completed operations hazard". 2. The acts or omissions of the additional insured in connection with their general supervision of your operations at the projects or locations designated in the Schedule. B. The insurance afforded to these additional insureds applies only if the "bodily injury"or"property damage"occurs, or the"personal and advertising injury"offense is committed: 1. During the policy period; and 2. Subsequent to the execution of such written contract or written agreement; and 3. Prior to the expiration of the period of time that the written contract or written agreement requires such irisurance be provideci to the additional insured. Attachment Code:D465358 Certificate ID: 13177147 C. With respect to the insurance afforded to the additional insureds under this endorsement, the foliowing additional exclusion applies: This insurance does not apply to"bodily injury", "property damage"or"personal and advertising injury"arising out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you, including: 1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders; change orders, designs or specifications; and 2. Supervisory, inspection,.architectural-or engineering activities.__ ___ _ _ __ __ _ _.___.—_—_____— D. Limits of Insurance � With respect to insurance provided to the additional insured shown in the Schedule, Paragraph 8. How Limits of Insurance Apply To Additional Insureds in Section III-Limits of Insurance does not apply. E. Duties Of Additional Insureds In The Event Of Occurrence, Offense, Claim Or Suit The Duties Condition in Section IV-Conditions is replaced by the following and applies to the additional insured shown in the Schedule: 1. Notice Of Occurrence Or Offense ' The additional insured must see to it that we are notified as soon as practicable of an "occurrence"or an offense which may result in a claim. To the extent possible, notice should include: � a. How,when and where the "occurrence"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. 2. Notice Of Claim If a claim is made or"suit is broughY'against the additional insured, the additional insured must: a. Immediately record the specifics of the claim or"suit"and the date received;and b. Notify us as soon as practicable. � The additional insured must see to it that we receive written notice of the claim or"suiY' as soon as practicable. 3. Assistance And Cooperation Of The Insured The additional insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or"suiY'; b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation or settlement of the claim or defense against the"suit"; and d. Assist us, upon bur request, in the enforcement of any right against any person or . organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. Obligations At The Additional Insureds Own Cost No additional insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 5. Additional Insureds Other Insurance If we cover a claim or"suit" under this Coverage Part that may also be covered by other insurance available to the additional insured, such additional insured must submit such claim or"suiY'to the other insurer for defense and indemnity. Attachment Code:D465358 Certificate ID: 13177147 However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. 6. Knowledge Of An Occurrence, Offense, Ciaim Or Suit Paragraphs 1. and 2. apply to the additional insured only when such "occurrence", offense, claim or"suit"is known to: ' a. The additional insured that is an individual; ---- b.- Any partner, if the additional-insured is_a-partnership;------------- ------- ------------------- — C. Any manager, if the additional insured is a limited liability company; - d. Any"executive officer"or insurance manager, if the additional insured is a corporation; e. Any trustee, if the additional insured is a trust; or f. Any elected or appointed official, if the additional insured is a political subdivision or public entity. F. Other Insurance With respect to insurance provided to the additional insured shown in the Schedule, the Other Insurance Condition Section IV- Conditions is replaced by the following: 1. Primary Insurance a. Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary we will share with all that other insurance by the method described in 3. below. b. Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance,this insurance is primary and we will not seek contribution from that other insurance. � Paragraphs a. and b. do not apply to other insurance to which the additional insured has been added as an additional insured or to other insurance described in paragraph 2. below. 2. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: a. Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for"your work'; b. Premises Rented to You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; � 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 Of Elevators If the loss arises out of"property damage"to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I -Coverage A-Bodily Injury Or Property Damage Liability; or � f. When You Are Added As An Additional Insured To Other Insurance Attachment Code:D465358 ' .Certificate ID: 13177147 . � I That is any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations,for which you have been added as an additional insured by that insurance. When this insurance is excess, we wiil have no duty under Coverages A or B to defend the insured against any"suiY'if any other insurer has a duty to defend against that"suiY'. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. � _ ___ ___--__-___ When this insurance.is excess over other_insurance,we will pay only our share of the amount of___ ______________ the loss, if any, that exceeds the sum of: ' a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and b. The total of afl deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any,with any other insurance that is not described in this � Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method of Sharing If all other insurance permits contribution by equal shares,we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this rimethod, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. � Attachment Code:D465358 . � Certificate ID: 13177147 ' i Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES Carrier: Hartford Fire Insurance Company Policy Number: 37CSEQU1173 Policy Term: 5/31/2014 to 5/31/2015 �THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. - - ------ .___ __ __ -- -- -- --- —ADDITIONAL INSURED. _ _. __- - , - - - -- __ _ _ This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Any person or organization whom you are required by contract to name as additional insured 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 of Section II - LIABILITY COVERAGE. � SCHEDULE Attachment Code:D465338 Certificate ID: 13177147