Loading...
HomeMy WebLinkAboutTotal Security & Safety Inc Leach Amphitheater 2019 City of 4111111110' Oshkosh I � CONTRACTOR AGREEMENT: SECURITY GUARD SERVICES AGREEMENT CITY OF OSHKOSH PARKS DEPARTMENT—LEACH AMPHITHEATER THIS AGREEMENT, made on the 1st day of JULY, 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and TOTAL SECURITY AND SAFETY INC, 1432 OLD KNAPP RD, OSHKOSH WI 54902 hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor,for the consideration hereinafter named,enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CON I RACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Proposal Solicitation 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (DON HUNKE,TOTAL SECURITY AND SAFETY INC.) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (JENNY MCCOLLIAN,CITY OF OSHKOSH PARKS DEPT,PARKS AND REVENUE FACILITY MANAGER) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the attached proposal for the Project titled "PROJECT Il'1'LE" dated MONTH, DATE,YEAR, and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project,providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than AUGUST 13, 2019 OR: The work to be performed under this contract shall be completed within XX days of the purchase order issued for this project. Any changes to this completion date must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$480.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor 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 Contractor a statement as to the reason(s)for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor,his agents or assigns,his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or ad- judged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement,the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: CONTRACTOR/CONSULTANT izl By: ,i C.....A. ; e 4- (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: v---4,eir-f-f,...g_ Mark A.Rohloff, City Manager itness) C/i?").-4-1(7 (61„---\ And: ,./ ( tress) Pamela R.Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to �✓�J pay the liability which will accrue under this contract. orney �p doff- is i rY-\ City Comptroller Contract No. 2019-0156 SECURITY GUARD SERVICES AGREEMENT THIS AGREEMENT made effective as of the 15'day of May,2019. BETWEEN: Oshkosh Parks Department ("Manager") Total Security and Safety Inc. 1432 Old Knapp Rd. Oshkosh, WI 54902 ("Contractor") 'WHEREAS, Manager requires professional security and protective services for its premises located at the Leach Amphitheater 303 Ceape Ave, Oshkosh,WI 54901 AND WHEREAS, Contractor represents that it is professionally qualified, able and ready to provide such services; NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the covenants and premises contained in this Agreement, the parties hereto agree as follows: 1. Definitions a) "Venue" means the grounds municipally known as Leach Amphitheater, and located at 303 Ceape Ave, Oshkosh,WI 54901 b) "Manager" means Representative. c) "Owner" means any owner or owners of the Building and any ground lesser of the Building. 2. Services Manager hereby retains Contractor as an independent security and protection service, to perform the services set out in Exhibit A—Scope of Services, attached hereto and made a part hereof by reference, and such additional or amended services as the parties may agree in writing (collectively,the "Services"). 3. Term of Agreement This Agreement shall be effective for a period of 1 day, commencing on July 9th 2019, and expiring on Augustl3th 2019, unless renewed by the parties in writing. — . . _ . .- •. ., , . i - .. .. . .• ,. 4111 n 1 ..... i { - ; . . . , , . .. . . •. • .' . .- . P.' . •rr,• . . ...r 1 r., • . . P . r . Iv ie... . - .• --. . . . 71 ._ J . . .. . , a .. . .... . " . .,. .. . . .. . . . . . 1• . . , . .- .: . - . .. . . . .. . • 1 ., . . ....^ . r . . .. . i . . . 1 . _ . . .. • . . , . . .. • ,1 . , _ .. . l • . . . . .._ ... . . . , I I . 4 a . ' .. 1- '•..' • . .. • .. ..1.. .... •. - .. . ''11. . ... . • . . . . . . • . . . . . . . .. .. . . ;.J. • • ... _ :. . . . . ... . ... . ... . ... .. .' . . __. .__ , .. • 4. Service Rates 4.1 The Services shall be provided at the rates set out in Exhibit B— Service Rates, attached hereto and made a part hereof by reference. 4.2 Contractor agrees not to increase the Service Rates for a period of the event(unless agreed to) after the effective date. 5. Invoicing and Payment 5.1 Contractor will issue an invoice at the end of the event or every 7 days. 5.2 Invoices are due on receipt. Unless otherwise agreed to by Contractor, Manager will make payment by check, or money order. 5.3 Payment must be received within 15 days after receipt of the invoice. Invoices not paid within such 30-day period will accrue interest at the rate of 5%per month, or the highest rate allowable by law, whichever is higher. 6. Independent Contractor 6.1 Contractor undertakes performance of the Services as an independent contractor and shall not be construed as an employee of Manager, and this Agreement will not be construed to create a partnership,joint venture, agency or employment relationship between the parties. 6.2 Contractor will not have the right or authority to create any obligation or responsibility on Manager's behalf or to obligate or bind Manager in any respect. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill its obligations under this Agreement. 7. Insurance Coverage 7.1 Contractor shall, at its own expense, keep in force at all times for the duration of this Agreement, public liability,property damage and personal injury insurance in a combined single limit of$1,000,000 ($1,000,000.00) on a per occurrence basis. Exhibit A —Scope of Services Scope of Services Contractor will provide Security Officer(as listed below) at each function of Manager listed below(or on Exhibit C) as provided in the attached schedule. Tuesday July 9th 2019 1 Security Officers 1730 (05:30pm) —2115 (09:15) Tuesday July 16th 2019 1 Security Officers 1730 (05:30pm)—2115 (09:15) Tuesday July 23rd 20191 Security Officers 1730 (05:30pm)—2115 (09:15) Tuesday July 30th 2019 1 Security Officers 1730 (05:30pm)—2115 (09:15) Tuesday August 6th 2019 1 Security Officers 1730 (05:30pm)—2115 (09:15) Tuesday August 13th 2019 1 Security Officers 1730 (05:30pm)—2115 (09:15) Officer duties will include: > Watch exit to prevent alcohol going out > Observe crowd > Ensure safety of staff, volunteers, and guests during activities to the best of Officers ability. > Visually screen people and interact with staff,volunteers, members, and guests. In addition to the above*... ➢ Assist with medical emergencies if available*. D. Support Oshkosh Police Department as possible.*. ➢ Assist with sheltering in place if available*. ➢ Assist with traffic control if needed and available*. *duties indicated should NOT interfere with the primary duty of providing security services. Exhibit B—Service Rates • Service Rates In exchange for services, Manager would be billed on a weekly basis (due within 15 days) for the current amount due in full. The service rates for this will be $20.00 (per hour) per Unarmed Officer. If additional unarmed Officers are needed, other than listed above, they can be provided at the rate of$20.00 (per hour)per Officer (as available.). a) Contractor agrees not to increase the Service Rates for a period of 3 months after the effective date, after which time the Service Rates may be increased if Contractor's costs to provide the Services have increased by more than 5%. Manager shall have the right to audit Contractor's records to verify any cost increase. Contractor agrees to give Manager 60 day's written notice prior to putting any increase into effect. Invoicing and Payment a) Manager will be sent an invoice at the end of the event or every 7 days, (by e-mail) in exchange for services; Manager would be billed at the end of the event or every 14 days (due within 15 days) for the current amount due in full for services provided. Contractor will e-mail a bi-weekly invoice which shall detail the charges. b) Invoices are due on receipt. Unless otherwise agreed to by Contractor, Manager will make payment by check, or money order. c) Payment must be received within 15 days after receipt of the invoice. Invoices not paid within such 30-day period will accrue interest at the rate of 5%per month, or the highest rate allowable by law, whichever is higher. Exhibit C—Schedule of Dates/Events. (Provided by Manager) Schedule of Dates/Events. Events and staffing may be added to this schedule by Manager. Every attempt will be made to provide additional coverage. Events and staffing requests with less than 15 days' notice will be covered if appropriate staff is available, but not guaranteed. Exhibit D—Emergency Contacts (Manager). • Emergency Contacts (Manager) 1st Contact name: Address: Primary Contact Phone Number: ( ) - Alternate Contact Phone Number: ( ) - E-mail: 2°d Contact name: Address: Primary Contact Phone Number: ( ) Alternate Contact Phone Number: ( ) - E-mail: 3nd Contact name: Address: Primary Contact Phone Number: ( ) Alternate Contact Phone Number: ( ) E-mail: Billing Information: Bill to: Address: Primary Contact Phone Number: ( ) Alternate Contact Phone Number: ( ) - E-mail: Exhibit E—Ememencv Contacts (Contractor). Emergency Contacts (Contractor) Total Security and Safety Inc. Public Safety Division 1432 Old Knapp Rd. Oshkosh,WI 54902 (920) 744-7451 (920) 915-9119 (Don's cell phone) www.totalsecurityandsafety.net chief(a,totalsecurityandsafety.net Send Payment to: Total Security and Safety Inc. 1432 Old Knapp Rd. Oshkosh,WI 54902 Please reference the invoice number on payment to insure proper credit. Once credit is applied to account a "paid" invoice will be sent by email for your records. X Don Hunke (Event Authorized Signature) (Total Security and Safety Inc.) 05/01/2019 (Date) (Date) THIS IS A 7 PAGE AGREEMENT, TOTALSEOPC JPELISCHEK ACORN' DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 7/16/2019 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Justin Pelischek Jackson Kahl Insurance Services,LLC jNONNo,Ert):(920 923-4020 FAX )218-6850 17 N Pioneer Road ) (Arc,Ne):(866 Fond Du Lac,WI 54935 E-MAILADDRESS:JPelischek@jacksonkahl.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Scottsdale Insurance Company 41297 INSURED INSURER B:West Bend Mutual Insurance Co. 15350 Total Security&Safety Inc. INSURER C: 1432 Old Knapp Rd INSURER D: Oshkosh,WI 54902 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 NUMBER POLICY EFF POLICY EXP LIMITS _LTR INSD.WVD IMM/DDIYYYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL UABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CP52943923 12/6/2018 12/6/2019 DAMAGE TO RENTED 100,000 X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABIUTY ((Ea ac ident) SINGLE LIMIT _ ANY AUTO BODILY INJURY(Per person) $ OVVNED AAUTOS ONLY _ AUTOS BODILY RED p BODILY INJURY(per accident) $ AUTOS ONLY _ NON-OWNED ONEDY PROPERTY DAMAGE (Per accident) $ $ _ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTIONSOT $ B WORKERS COMPENSATION X STATUTE AND EMPLOYERS'UABIUTY I ERA ANY PROPRIETOR/PARTNER/FYFCUTIVE Y/N A090030 10l23l2018 10l2312019 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBEREn EXCLUDED? Y N/A OO,000 (MandatoryNH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) City of Oshkosh,and its Officers,Council Members,Agents,Employees and Authorized Volunteers are listed as Additional Insured on the General Liability per form#CG2010(04-13)with Primary Non-Contributory per form#CG2001 (04-13)and Completed Operations per form#Cg2037(04-13).Per Project Endorsment has been added to the policy,Form#CG2503(05-09). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue PO Box 1130 Oshkosh,WI 54903-1103 AUTHORIZED REPRESENTATIVE • ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CPS2 943923 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): ALL PROJECTS AWAY FROM PREMISES OWNED OR RENTED BY YOU Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences"under Section I - Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I - Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- t. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggre- 4. The limits shown in the Declarations for Each gate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for However, instead of being subject to the the sum of all damages under Coverage A General Aggregate Limit shown in the Decla except damages because of"bodily injury"or rations, such limits will be subject to the "property damage" included in the "pro- applicable Designated Construction Project ducts-completed operations hazard", and for General Aggregate Limit. medical expenses under Coverage C regard- less of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits". CG 25 03 05 09 Copyright, Insurance Services Office, Inc.,2008 Page 1 of 2 INSURED ca2503-b.fao B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I - Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I - Coverage C, which cannot be attrib- the "products-completed operations hazard" will uted only to ongoing operations at a single desig- reduce the Products-completed Operations nated construction project shown in the Schedule Aggregate Limit,and not reduce the General Ag- above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit,whichever is applicable: and signs, specifications or timetables, the project 2. Such payments shall not reduce any Desig- still be deemed to be the same construction nated Construction Project General Aggre- project. gate Limit. E. The provisions of Section III-Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc.,2008 CG 25 03 05 09 POLICY NUMBER: CPS 2943923 COMMERCIAL GENERAL UABIUTY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Covered Operations CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS 215 CHURCH AVENUE PO BOX 1130 OSHKOSH, WI 5903-1130 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to Sec- organization(s) shown in the Schedule, but only tion III-Limits Of Insurance: with respect to liability for "bodily injury" or "prop- If coverage provided to the additional insured is erty damage"caused, in whole or in part, by 'your required by a contract or agreement, the most we work"at the location designated and described in will pay on behalf of the additional insured is the the Schedule of this endorsement performed for amount of insurance: that additional insured and included in the "prod- ucts-completed operations hazard". 1. Required by the contract or agreement;or However: 2. Available under the applicable Limits of insur- 1. The insurance afforded to such additional ante shown in the Declarations; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the applicable 2. If coverage provided to the additional insured Limits of Insurance shown in the Declarations. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 Copyright, Insurance Services Office, Inc.,2012 Page 1 of 1 INSURED cg20370413.fan POLICY NUMBER: CPS2943923 COMMERCIAL GENERAL UABILJTY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS. 215 CHURCH AVENUE PO BOX 1130 OSHKOSH, WI 54903-1130 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 in- B. With respect to the insurance afforded to these clude as an additional insured the person(s) or or- additional insureds. the following additional exclu- ganization(s) shown in the Schedule, but only with sions apply: respect to liability for"bodily injury","property dam- This insurance does not apply to "bodily injury" or age"or"personal and advertising injury"caused,in "property damage"occurring after: whole or in part. by: 1. Your acts or omissions:or 1. All work, including materials, parts or equip- ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, mainte- behalf; nance or repairs) to be performed by or on in the performance of your ongoing operations for behalf of the additional insured(s) at the Iota the additional insured(s) at the location(s) desig- tion of the covered operations has been tom nated above. pleted:or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional in- intended use by any person or organization sured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a princi- 2. If coverage provided to the additional insured pal as a part of the same project. is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. CG 20 10 0413 Copyright. Insurance Services Office, Inc.,2012 Page 1 of 2 INSURED cg20100413.fap C. With respect to the insurance afforded to these 2. Available under the applicable Limits of Insur- additional insureds, the following is added to Sec- ance shown in the Declarations; tion III-Limits Of Insurance: whichever is less. If coverage provided to the additional insured is re- This endorsement shall not increase the applicable quired by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 Copyright, Insurance Services Office, Inc.,2012 CG 20 10 0413 COMMERCIAL GENERAL UABIUTY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLE I ED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condi- (2) You have agreed in writing in a contract or tion and supersedes any provision to the contrary: agreement that this insurance would be pri- Primary And Noncontributory Insurance mary and would not seek contribution from any other insurance available to the additional This insurance is primary to and will not seek con- insured. tribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 Copyright, Insurance Services Office.Inc.,2012 Page 1 of 1 INSURED