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HomeMy WebLinkAboutAmendment NO. 2, Brown & Caldwell AMENDMENT NO, 2 The CITY OF OSHKOSH, hereinafter referred to as CITY, and BROWN AND CALDWELL, 8383 Greenway Boulevard, Suite 600, Middleton,WI 53562, hereinafter referred to as the CONSULTANT, entered into an agreement for DESIGN AND BID SUPPORT SERVICES FOR FERNAU AVENUE WATERSHEDINORTH MAIN STREET AREA DETENTION BASIN on January 14, 2015. Paragraph C in ARTICLE X. PAYMENT included the provision that costs for additional services shall be negotiated and set forth in a written amendment to this AGREEMENT executed by both parties prior to proceeding with the work covered under the subject amendment. THEREFORE, the CITY and the CONSULTANT agree to insert the following paragraph after the first paragraph in ARTICLE Ill. SCOPE OF WORK, after the paragraph inserted from Amendment No. 1: The CONSULTANT shall provide the services described in the CONSULTANT's Amendment 112 dated May 14, 2016. The CITY and the CONSULTANT further agree to insert the following bullet point after the first bullet point in Paragraph A of ARTICLE XI. PAYMENT, after the bullet point inserted from Amendment No. 1: • Payment for Amendment No. 2 shall be a Time and Materials Sum not to exceed $13,206 3 (Thirteen Thousand Two Hundred Six Dollars). All other terms contained within the January 14, 2015 agreement remain unchanged and in effect. In the Presence of: CONSUL T A . By: Seal of Consultant t if a Corporation (Specify Title) By: (Specify Title) CITY Of OSHKOSH By: (Witness) M rk A. Rohloff, City Manager ' And: i ness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which which will accrue under this Agreement. Cit A torney ,� �f 9Li 1J City Comptroller 1:Engineer ng\2015 CONTRACTS115-03 Fernau Ave WtrshedlProjec inforrfoUGnlContract EnfoNl"3 Page 1 of 1 B&C CA#2-Des&Bid Supped Sery 5-20-16.docx Attachment A RECEIVED#2 to Fernau Avenue Watershed North Main Street Area Detention Basin Brown and Caldwell Project# 147344 MAY 16 2016 City of Oshkosh Reference: Res.#-16-69 May 14, 2016 DLP`/'OF PIJ13LIC WOP.KS OSHKOSH, WISCONSIN This Attachment A documents additional scope and tasks requested of Brown and Caldwell (BC) by the City of Oshkosh (City)for services under the Fernau Avenue Watershed/ North Main Street Area Detention Basin project(City Res. No. 16-69; BC Project# 147344)dated January 14, 2015. This project is also referred to as "Work Unit B" in this amendment. Scope Changes Additional Effort#1 -- Prepare Re-Bid Documents for Project. Upon rejection of the bid submittals from the March 15, 2016 bid openings of the North Main Street Area Detention Basins Work Unit A and Work Unit B the City requested BC to prepare a Re-bid package consisting of the Work Unit B project as a stand-alone bid package. BC conducted the following work under this effort: 1. Prepared and revised plan sheets for Work Unit B as a single project for bidding purposes. 2. Reviewed and updated the Special Conditions for Work Unit B as a single project forbidding purposes, 3. Transmitted the revised files to the City forbidding purposes. Additional Effort#2; BC Availability for Construction Phase Consultin . The City requested that BC design staff provide consulting services during the construction phase of the project. The BC lead designer is budgeted for up to 50 hours of time to respond to questions from the City regarding project design issues. The budget for this task also includes associated project management effortfor continuing the project to November 30, 2016, Budget Amendment All work will be conducted under the terms and conditions as described in the Fernau Avenue Watershed North Main Street Area Detention Basin agreement dated January14, 2015. The Amendment budget is provided below. Additional Task Hours Costs #1 Prepare Re-Bid Documents for Fernau Avenue Watershed/ 35 $4,809 North Main Street Area Detention Basin #2: Construction Phase Consulting Services 68 $ 8,397 Total: 103 $ 13,206 Assumptions 1) All work on this amendment will be completed by November 30, 2016. Fernau—N Main Amendment 2 v3 1 DATE(6fh110D1YYYY) AC(:W?o CERTIFICATE OF LIABILITY INSURANCE 5/31/2017 5/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsement(s). PRODUCER Lock-ton Companies p CONTACT f T NAME: 4441V 47th Street,Suite 900 RI CLIVI; 7 -_ �1ioNE FAx - - 1C o o EXt• AJC N Kansas City MO 64112-1906 goIIAILORE : (816)960-9000 f�RP,Y !. � #6 INSURER(SI AFFORDING COVERAGE MAIC# INSURER A:Hartford Fire Insurance Company 19682 INSURED DEPTu- i' mi-jC: 1V0RK.IINSURER B:Hartford Accident and lndemnl Company 22357 1310104 BROWN AND CALDWELL -) WISCONSIN AND ITS WHOLLY OWNED SUVS�'IDY1��I��a > wsuRER c:Travelers Property Casual Co of America 25674 AND AFFILIATES INSURER D!Lloyds of London 201 NORTH CIVIC DRIVE,SUITE 115 INSURER E:1\01 City Fire Insurance Company 29459 WALNUT CREEK CA 94596 INSURER F: COVERAGES * CERTIFICATE NUMBER: 13177147 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVdITHSTANDING 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 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRIpp INSURANCE AD SUBR POLICY EFF POLICY EXP LTR SD WVQ POLICY NUMBER MM/DD 1JMfDD1YYYY LIP41TS A X COMMERCUILGENERALLIABILnY y N 37CSEQU1172 5/31/2016 5/31/2017 EAC}SOCCURRENCE 5 2000000 AMACLAMS•MADE �OCCUR PREMISES Ea ocw e oce s 2,000,000 MED EXP(Any one person) $ 10,000 PFRSO,tiIAL&ADV INJURY s 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE s 4,000,000 POLICY�JET N LOC PRODUCTS-COMPIOPAGO s 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY y N 37CSFQU1173 5/31/2016 5/31/2017 Ea a".n,)_INGLE LJMIT $ 2,000,000 Xr ANY AUTO BODILY INJURY(Per person) S XXXXXXX ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX ALFTOS NON-OWNED PROPERTY DAMAGEcld $ XX3(XXXX X NIRFnAUTOS Ix AUTOS Peraoanl $ XXXXXXX U X UMBRELLA LIABX OCCUR Y N ZUP-1OR71075 5/31/2016 5/31/2017 EACH OCCURRENCE s 2,000,000 EXCESSLIAa CLAMS-MADE AGGREGATE s 2,000,000 DFn I RETENTIONS ER s XXXXXXX WORKERS COMPENSATION N X STATUTE ER H AND EMPLOYERS'LIABILITY 37�VNQU1170 5/31/2016 5/31/2017 E ANY PROPRIETORIPARTNEWF>fECUT'iVE YIN NrA 37WBRQUI171 5/31/2016 5/31/2017 E.L.EACH ACCIDENT s 2,000,000 OFFICERIMEMBER EXCLUDIVE (Mandatory In NH) E.L.DISEASE-EA EMPLOYEd$ 2.000,000 IfgCRIPTION OF OPERATIONS belarr s,describe under DESE.L.DISEASE-POLICY LIPdIT $ 2,000,000 D PROFESSIONAL N N LDUSA16G0482 5/31/2016 5/31/2017 $1,000,000 PER CLAIM& LIABILITY AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Addltlonal Remarks Schedute,may be attached if more space is requlred) RE:GENERAL STORMWATER SERVICES FOR 2016,BC SID:5725L CITY OF OSHKOSH,AND ITS OFFICERS,COUNCIL MEMBERS,AGENTS,EMPLOYEES AND AUTHORIZED VOLUNTEERS ARE ADDITIONAL INSURED ON A PRIMARY AND NONCONTRIBUTORY BASIS ON GENERAL,AUTO AND EXCESS/UMBRELLA LIABILITY COVERAGE,WHERE REQUIRED BY WRITTEN CONTRACT AND SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY, THIRTY DAYS NOTICE OF CANCELLATION BY THE INSURER WILL BE PROVIDED TO THE CERTIFICATE HOLDER WITH RESPECT TO THE GENERAL,AUTO,PROFESSIONAL LIABILITY AND WORKERS COMPENSATION POLICIES CERTIFICATE HOLDER CANCELLATION See Attachments 13177147 OSH-18 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TY OF OSHKOSH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CI CI TN: F OSHKOSH MES RAGE ACCORDANCE WITH THE POLICY PROVISIONS. 215 CHURCH AVE. OSHKOSH WI 54903 AUTHORIZED REPRESENTATI ©1388 014 ACORD CORPORATION, All rights reserved. ACORD 26(2014101) 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: 5/31/2016 to 5131/2017 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 Porson(s)or Designated Project(s)or Location(s)of Organ izations : Covered Operations: ALL ALL Information required to complete 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; E7. In connection with your premises owned by or rented to you and shown in the Schedule;or C. In connection with"your work"for the additional insured at the project(s)or 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 contractor written agreement; and 3. Prior to the expiration of the period of time that the written contract or written agreement requires such insurance be provided 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 following 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 ill -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 brought"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"suit" 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"suit'; 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 our 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. 6. 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"suit"to the other insurer for defense and indemnity. Attachment Code:D465358 Certificate 1D: 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, Claim Or Suit Paragraphs 9, 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 1D: 13177147 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 will have no duty under Coverages A or B to defend the insured against any"suit"if any other insurer has a duty to defend against that"suit". 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 all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically 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 method, 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 Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES Carrier: Hartford Fire Insurance Company Policy Number: 37CSEQU1173 Policy Term: 5/31/2016 to 5/31/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE 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. Attachment Code;D465338 Certificate ID: 13177147