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HomeMy WebLinkAboutGremmer & Associates Inc-certified survey maps (westowne,n washburn, w packer) 2020J AGREEMENT 1� This AGREEMENT, made on the Lf! day of (1(( 2020, by and between the CITY OF OSHKOSH, party of the first part, hereinafter • ferred to as CITY, and GREMMER & ASSOCIATES, INC., 93 South Pioneer Road, Suite 300, Fond du Lac, WI 54935, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for CERTIFIED SURVEY MAPS — WESTOWNE AVENUE/NORTH WASHBURN STREET AND WEST PACKER AVENUE. ARTICLE I. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Thomas Lanser — President 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. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: James Rabe, P.E., CPESC — Director of Public Works ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The CITY may make or approve 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 will be made throp&!gzdment to this AGREEMENT. _ . FFR 17 7029 1:\Engineering\2020 CONTRACTS\20-0 Westowne Det\ProjeR_bdormahon\Conhact W.\Co..ftnt CITY CLERKS QFFI ofE9 Agreements\2"9 Gremmer Agreement-CSM-Westo Ave-N Washbo St&WPacker Av 1_ - rage 20.doa 14 g z�s 9ti4 dRpsN. pS All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documents 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 will be the degree of skill 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. ARTICLE V. OPINIONS OF COST FINANCIAL CONSIDERATIONS AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will 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 the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VII. CITY RESPONSIBILITIES 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 unreasonable delay in the CONSULTANT'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. 1.\Engineering\2020 CONTRACTS\2M9 Weston Det\PmjecL1nfa=aHon\Contr d Info\Consultant Page 2 of 7 Agreemente\20-0 Gremmer Agreement-CSM-Westoame Ave-N Washburn St & W Packer Ave t-8- g 20.docx ARTICLE VIII. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSULTANT will, if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE IX. CITY'S INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all project work including the value of all onsite CITY -furnished equipment and/or materials associated with CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of such policy. ARTICLE X. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Proposal. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the 1:\Engineering\2020 CONTRACTS\20 Westou Det\PmjeR fiiformaHon\Contract hdo\ComWtant Page 3 of 7 Agreements\26 Gremmer Agreement-CSM-Westo eAve-N WasMum St&W Packer Ave 1$- g 20.d.r f delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE XI. COMPONENT PARTS OF 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 attached: 1. This Instrument 2. CONSULTANT's Proposal dated January 6, 2020 and attached hereto In the event any provision in any of the above component parts of this AGREEMENT 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 XII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Lump Sum Not to Exceed $5,900 (Five Thousand Nine Hundred Dollars). B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (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 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. D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. 1:\Engineering\2020 CONTRACTS\2" WestowneD&\Pmjert_Wormation\Comma 4Jo\ConsWtant Page 4 of 7 Agreements\20-09 Gremmer Agreement-CSM-Westowne Av NWmhb=St& W Parker Ave_1S- g 20A.o E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall 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. ARTICLE XIII. STANDARD PROVISIONS The CONSULTANT agrees that, in all hiring or employment made possible by or resulting from this AGREEMENT, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ARTICLE XIV. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/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 law or administrative regulation, and shall indemnify the CITY for all 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 hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re -use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. 1AEngineering\2020 CONTRACTS\20-09 Westoe Dee\Pmject_Irdorm bm\Conrad bdo\Comula t Page 5 of 7 Agreements\20-09 Gmer Agreement-CSM-Westow Ave-N Washburn St& W Packer Ave_1-- g 20.doc ARTICLE XVI. TERMINATION A. For Cause. If the CONSULTANT 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 CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (10) calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT 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. ARTICLE XVII. RE -USE OF PROTECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. The CITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, 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. ARTICLE XVIII. SUSPENSION DELAY OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. 1:\Engineering\2020 CONTRACTS\20.09 Westonme Det\Pmject_1rforma0on\Conrad Wo\CoruuRam Page6oE7 Agreements\2M9 Gremmer Agreement-CSM-Westow Ave-N Washburn St & W Packer Ave_1-& 20.d. ARTICLE XIV. NO THIRD -PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third -party beneficiaries. In the Presence of: (Seal of CONSULTANT if a Corporation) CONSULTANT (Specify Title) (Specify Title) CITY OF OSHKOSH By: (Witness) M rk A. Rohloff, City Manager And: (Witness) Pamela R. Ubri& City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. irttorney City Comptroller I:\Rngie ng\2020 CONTRACTS\2 WestowneD \Pmject_hdom fion\Coned Info\ComWtaW Page7of7 Agreements\20-0 Gmm er Agreement-CSM-Wetowne Ave-N Washburn St&W Packer Ave 1-8- 20.doc 93 5. Pioneer Road Suite 300 r4p- RIEM M E R RECEIVED Fond du Lac, WI 54935 & A550CIATE5, INC. Phone (920) 924-5720 LONSU LTING ENGINEERS Fax(920)924-5725 L January 6, 2020 City of Oshkosh — Department of Public Works 215 Church Avenue Oshkosh, WI 54903 Attention: Mr. James Rabe Director of Public Works DUPT OF PUBLIC WIS ONSINS Subject: Proposal for Surveying Services Certified Survey Maps— Westowne Ave/N. Washburn St. and W. Packer Ave. Dear Mr. Rabe: Thank you for the opportunity to provide surveying services on the two subject properties. The following is our proposal for the project. Hereinafter the City of Oshkosh will be referred to as the OWNER and Gremmer & Associates, Inc. as the ENGINEER. Items of work not specifically mentioned below shall be considered additional services. SCOPE OF WORK 1. Provide a two -lot Certified Survey Map for Westowne Ave./N. Washburn St. dry detention area (1 lot and 1 outlot). a. Scope includes a minor amount of topo survey along the east end of the parking lot to determine the new lot line, and the existing location of the Shell sign. b. Scope includes a title search. 2. Provide a one -lot Certified Survey Map for dedication along W. Packer Ave (located on the north side, just west of 800 W. Packer Ave.). a. Parcel is owned by 2750 Vinland I.I.C. b. Scope includes a title search. OWNER'S RESPONSIBILITY 1. Payment of any governmental review/permit/document recording fees. ENGINEER'S lump sum fee, including reimbursables, for item 1 in the Scope of Work section of this document is $2,600. ENGINEER'S lump sum fee, including reimbursables, for item 2 in the Scope of Work section of this document is $3,300. The ENGINEER shall prepare monthly invoices based upon a percent complete basis. Invoices shall be paid within 30 days of the date of said invoice. Fond du Lac, WI Stevens Point, WI Additional services, at the request of the OWNER, will be billed according to the attached Professional Services Fee Schedule, dated May 1, 2019 to April 30, 2020 and labeled Exhibit A. Work will begin after we receive a signed copy of the agreement. Forth GIN ER A Thomas Lanse , President Gremmer & Associates, Inc 6 20 Dat G?'E M M ER & A55OCIATES, INC. Exhibit A 4 G kEllfill Ez & A550CIATE5, INC. CONS U LII NG EN GIN Lr It PROFESSIONAL SERVICES FEE SCHEDULE Mav 1, 2019 to April 30, 2020 ProjectManager................................................................................................................................... $135.00/hour Project Engineer / Senior Designer..................................................................................................... $120.00/hour CivilEngineer V..................................................................................................................................... $105.00/hour Professional Land Surveyor/ Survey Crew Chief.................................................................................. $95.00/hour One-man Survey Crew with GPS......................................................................................................... $120.00/hour Civil Engineer IV / Engineering Specialist V........................................................................................... $95.00/hour Civil Engineer III / Engineering Specialist IV.......................................................................................... $85.00/hour Civil Engineer II / Engineering Specialist III............................................................................................ $80.00/hour Civil Engineer I / Engineering Specialist II.............................................................................................. $74.00/hour Engineering Specialist I / Civil Engineering Technician III..................................................................... $68.00/hour CivilEngineering Technician II............................................................................................................... $62.00/hour Civil Engineering Technician I................................................................................................................ $55.00/hour OfficeServices........................................................................................................................................ $54.00/hour Mileage..............................................................................................................................................Current IRS rate Meals, lodging, air travel, telephone, supplies, postage.......................................................................................................................... At Cost Printing Services (In-house) Photocopies (black & white)....................................................................................... $0.10/impression Photocopies (color)..................................................................................................... $0.25/impression Large Format Plots (black & white).........................................................................................$1.00/S.F. LargeFormat Plots (color)........................................................................................................$2.00/S.F. Mylar.........................................................................................................................................$2.00/S. F. Printing Services (Outside Service)................................................................................................................. At Cost ExpertWitness..................................................................................................................................... $200.00/hour Note: Office Services, Civil Engineering Technician, and Engineering Specialist 1-III are paid time and one-half their actual wage for overtime. The respective billed rate will be approximately 19% higher than the published rate to account for the overtime rate. GREMAND-01 Jou A a° CERTIFICATE OF LIABILITY INSURANCE DA 2/5/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 WANED, 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 endorsementfs). PRODUCER Baer Insurance services, Inc. 9701 Brader Way Madison, W153562, (INSURED Grammer and Associates Pioneer Group of Fond du Lac Inc 120 Wilshire Blvd North Stevens Point, WI 54481 5101 L�C� IUISURERA. a F 'Os HovyTr,W`SC� INSU.REA O- OS` ,mSURER E,: iuAC, No):(608) 830.5877 Ins Company Ltd. Casualty Insurance Company COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTN/ITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO 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. vmi ADOL SUaR rgLICY PFP PODCYEJIP LTR:TYPE OF INSURANCE I POLICY NUMBER w I LOUTS A X'I COMMERCIAL GENERAL LIABILITY ' -I i 1,o0O,000 FACII OCCURRENCE OAMACESI� NrEDrc 1,000,000 cLAIMsMAOE C occuR X B35BAPv0015 19H/2019 11/12020 I s 10,000 MED EXP (AnY one person) . $ ' PL ENAL a aov au�uR�i s 1.000,000 _ PER 2,000,000 (GENERAL AGGREGATE $ �ULWLAGaRE^�GzATEIpDRMpM.APPDES !POLICY J spa Lee PRO DVCf3-COMP/OPAGG S 2,000,000 ' OTHER i I IS A AUTOMOBILE LUIBILRY COMBINED SINGLE LIMIT S 11000,000 ANY AUTO X; 83GECJG1048 1111/2019 11/1/2020 Boot ILy IwVRY 1Pe. Pw:o„1 s -, OWNED ,� u�0 r_ekTn N.pWN�p 'A INJURY yDAIAPerecdaenU ROPERIY DAMAGE S ONLY A TOB ONLV Pv eOSCen S I 'X.00CUR A X waRELU LUIB 2,000,000 EACH OCCURRENCE is EXCESS LUB I DLAIMSMADE X 183SBAPV0015 11M/2019 111=020 AOGREQA $ 2,000,000 S DEDX ; RETENTION 3 0 B I WOfiKERb COYPFNSAiION AND EMPIDYFRS' LIABILITY YIN C�� I ;yygCAEZA49 11/1/2019 X PER OTH- TAN . ' 11/1/2020 500,000 E.L. EACH ACCIDENT :,�-600,000 oANY FFICEW�AIR�1MEfBOEPRNpCCLUDE�O) �INIA I .. (Mandatory �U NN) EL DISEASE , -EA EMPLD�YEE'' _S e es,desaroeunder 500.000 E.L. DISEASE LIMIT. S DY CR1=0N6 OFOPERATIONS 1361. -PODGY i I I DESCRIPnONOFOPE"MDNSILWADONSIVEHICLES 1ACORDt01,Addteonal Re.&Io Sehedel%m be mL 2,ed'rf mere epfleeWnpul.ed) RE: Wastowne AveW. Washburn Street and W. Packer Ave. CSM% Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk— City of Oshkosh, City of Oshkosh Attn: City Clerk 215 Church Avenue PO Box 1130 Oshkosh, W154903.1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016103) 800/ZOO'd 89L40 U. I Baa-Lvl D AUvV lrVI{f'VlW nvrv. ear udnw.we.---- rho Amnon names and Irmo are maistemd marks of ACORD l01 1J31111389 4ZLgVZBOZ6 81.:41. OZOZ/90/ZO COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your personal affairs. The Named Insured shown in the Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a Paragraph A.1 _ - WHO IS AN INSURED - of partnership or joint venture, formed as a Section II - Liability Coverage is amended to subsidiary in which you have an add: ownership interest of more than 50% on e. The lessor of a covered "auto" while the the effective date of the Coverage Form. "auto" is leased to you under a written However, the Named Insured does not agreement if: include any subsidiary that is an (1) The agreement requires you to "insured" under any other automobile provide direct primary insurance far policy or would be an "insured" under the lessor and such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) The "auto" is leased without a driver. (2) Any organization that is acquired or Such a leased "auto" will be considered a formed by you and over which you covered "auto" you own and not a covered maintain majority ownership_ However, "auto" you hire. the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization: (1) Paragraph A.I. - WHO IS AN INSURED (a) That is a partnership or joint - of Section II - Liability Coverage is venture, amended to add: (b) That is an "insured" under any other f. When you have agreed, in a written policy, contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your (d) 180 days or more after its business auto policy, such person or acquisition or formation by you, organization is an "insured", but only unless you have given us notice of to the extent such person or the acquisition or formation. organization is liable for "bodily Coverage does not apply to "bodily injury" or "property damage" caused injury" or "property damage" that results by the conduct of an "insured" under from an "accident" that occurred before paragraphs a. or b. of Who Is An you formed or acquired the organization. Insured with regard to the ownership, maintenance or use of a B. Employees as Insureds covered "auto." Paragraph A.1. - WHO IS AN INSURED - of SECTION 11 - LIABILITY COVERAGE is amended to add: 2011, The Hartford (Includes copyrighted material Form HA 9916 03 12 of ISO Properties, Inc., with its permission.) Page 1 of 6 800/E00'd 69L9: 10J k3111,1389 9ZL9VZ60Z6 61:41 0Z0z/90/ZO The insurance afforded to any such additional insured applies only if the "bodily Injury" or "property damage" occurs: (1) During the policy period, and (2) Subsequent to the execution of such written contract, and (3) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) 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 an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. 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. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. E. Primary and Non -Contributory if Required by Contract Only with respect to insurance provided to an additional insured in I.D. - Additional Insured If Required by Contract, the following provisions apply: (3) 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 Other Insurance 5.d. (4) 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 (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured 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., (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, If any, by the method described in Other Insurance 5.d. 2_ AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The OTHER INSURANCE Condition is amended by adding the following: ©2011, The Hartford (Includes copyrighted material Form HA 9916 03 12 of ISO Properties. Inc., with its permission.) Page 2 of 5 800/VOO d BSLSt: l9d 83KH389 9ZL90ZGOZB 61.:91. OZOZ1901ZO BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use or that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury' or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organ¢ation for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5_ Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission_ Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co "employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization($) identified in Paragraphs a. through L below are additional insureds when you have agreed, in a written F;^ . cc nn me nd nr. Page 11 of 24 600/400'd 69L99 10A 83KW380 4ZL44Z6oZ6 oZ:9l OZOZ/90/ZO BUSINESS LJABILITY COVERAGE FORM contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by an endorsement issued by us and made a part of this Coverage Part, including all persons or organizations added as additional insureds under the specific additional insured coverage grants in Section F. — Optional Additional insured Coverages. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury' or "property damage" arising out of 'your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "Property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, (a) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. Pa p 19 n4 ?d Form SS 00 08 04 05 600/900'd 69L9V 1GJ 83WW389 3ZL47360Z6 OZ:41. 0Z0Z/90/Z0 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which.takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for C. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. (2) With respect to the insurance afforded whom you lease land or premises, but to these additional insureds, this only with respect to liability arising out insurance does not apply to: of the ownership, maintenance or use of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury' arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" "products place after you cease to lease that included within the - land or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or (1) Any architect engineer, or surveyor, but the acts or omissions of those acting only with respect to liability for "bodily on your behalf: injury", "property damage" or "personal and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations: the ads or omissions Of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (1) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to such additional insured; and following additional exclusion applies: This insurance does not apply to (ii) This Coverage Part provides coverage for "bodily injury" or "bodily injury", "property damage" or "Personal and advertising injury" property damage" • included "products . arising out of the rendering of or the within the - completed operations hazard". failure to render any professional services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this insurance does not apply to: failure to prepare or approve, maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications: or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Page 13 of 24 perm SS nn Oa 04 ne 800/L00•d 69L9R llld 83MM389 9ZL9PZ60Z6 lZ:9l OZOZ/90/ZO BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Oflnsurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES, LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for. a. Damages because of 'bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations, b. Damages because of all other "bodily injury', "property damage" or "personal and advertising injury', including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad_ This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.1) above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "Personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who Is an additional Insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 800/800'd 69L99 lad 83WW3119 9ZL9VZ60Z6 IZ:41. ozovsono Page 1 of 1 CERTIFICATE OF LIABILITY INSURANCE 1/14/20�20» 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(!") 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 endomement(s). PRODUCE0. Willie Towers Watson l4idweat, Inc. fka Willie of Illinois, Inc. c/o 26 Century Blvd P.O. Box 305191 CONTACT Willis Toners Watson Certificate Center NAME: pHONN E 1-877-945-7378 JFAX AIL No): 1-888-467-2378 AOOESS: certificatesBWillis.com INSURER AFFORDING COVERAGE NAICO Nashville, TN 37230S191 USA INSURERA: Liberty Insurance underwriters Inc 19917 INSURED Grammer A Associate., Inc. INSURER B: 120 Wilshire Boulevard North INSURER C: INSURER 0: Stevens Point, WI 54481 INSURER E: NSURERF: COVERAGES CERTIFICATE NUMBER: W15241404 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. ILTRR TYPEOFINSURANCE OIL p S PODCYNUMBER MNUURR UDD EFF MODUOD EXP LIMIT COMMERCULLGENERALLIABILIrY EACH OCCURRENCE $ CWMS-MADE OCCUR TO PREMISES Ea ocafren $ MED EXP (Any one person) S PERSONAL AADV INJURY $ -- --- '— GENL AGGREGATE. UMIT APPUES PER GENERALAGGREGATE $ RE EWED PRODUCTS-COMP/OP AGG $ POLICY ❑ JECTEJ LOC - 1 $ OTHER AUTOMOBILE LIABILITY tutuCOMBINED SINGLE UMIT Ee accident $ BODILY INJURY (Par person) $ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY PAUTOS ONLY DEPTOF P OSHKOSH BLIC W WISc:O RKS SIN BODILY INJURY (Par accident) $ PROPERTY DAMAGE Per acddwt $ E UMBRELLAUAS OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CWMS-MADE DED I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORIPARTNERIEXECUTNE Y❑ STATUTE ER - E.L. EACH ACCIDENT E E.L. DISEASE -EA EMPLOYEE $ OFFICERIMEMBEREXCLUDED7 (Mandatory In NH) N IA E.L.DISEASE -POUCY LIMIT $ M yas, deaalbs under DESCRIPTION OF OPERATIONS below A Professional Liability A1Ocniani 09/25/2019 09/25/2020 Per Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule maybe attached If more space is required) Westowne Ave/N. Washburn Street and W. Packer Ave. CS$rs CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Oshkosh Public Works Dept. AUTHORPEOREPRESENTATIVE 215 Church Avenue P.O. Box 1130 _ Oshkosh, WI 54903 m 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 19123964 e1,3E®: 1529499