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
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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.
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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.
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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.
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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.
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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
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' 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
_ _ _ _ _ _ . _ _ _ .
. ChiefEngineer ChiefScientist '
ExecuUve Engineer Chlef Geologist/Hydrageologist Corp Marketing Comm.Mgr. $200-�225
Vice President
The rates provided in this table apply from January 1-December 31,2015.
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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