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HomeMy WebLinkAboutJeff Foust Excavating (3) /3 3 CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 Cf JURCH AVENUE,P.O.BOX 1130,OSHKOSH,Wl 54903-1130 PHONE: (920)236-5065 FAX(920)236-5068 LETTER OF TRANSMITTAL To: Mr.Jeff Foust Date; December 3, 2018 Foust Excavating, Inc. Subject: I Executed Contract for 2018-2019 ------------ --------------- 2824 Clairville Road Snow Shovelin&§Lason Oshkosh,W1 54904 Please find: Z Attached F] Under Separate Cover E] Copy of Letter Z Contracts F-1 Amendment F-1 Report ❑ Agenda Fj Meeting Notes ❑ Photos n Mylars n Change Order ❑ Plans ❑ Specifications ❑ Estimates El Diskette n Zip Disk El Other Quantity DescL.iption ................... 1 Executed Conti-act ....................... ------------- These are being transmitted as indicated below: [:1 For Approval Z For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is the executed contract for the 2018-2019 snow shoveling season, If you have any questions, please contact us. City Clerk's Office -Original cc: —File-Original Signed: Trac6. Taylor 1:\Eng1neeHng\SNOW S140VFLING FOLDETS\Snow Removal Corurads\2018\Foust LOT-Executed Contract_12-3-18.docx CONTRACT FOR SNOW AND ICE REM0 VAL 141 THIS CONTRACT, made on the -2d'ay ofA& t6-'-r 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and JEFF FOUST EXCAVATING, INC., 2824 Clairville Road, Oshkosh, WI 54904, party of the second part,hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, enter into the following Contract. The CITY's Request for Quotations is attached to this Contract, along with the CONTRACTOWs Proposal. The terms of this Contract and the CITY's Request for Quotations will prevail over the CONTRACTOR's Proposal if there are any inconsistencies between these documents. ARTICLE I. P9QffiQ-1MANAGER A. Assignment of Project Manager. The CONTRACTOR has assigned the primary individual identified below to manage the project described in this Contract. The CONTRACTOR also assigns the second individual identified below as qualified to make all decisions for the CONTRACTOR if the primary person is not available: Primary Contact: Jeff Foust Secondary Contact: Mike Zandler 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 IL CITYREPRESENTATIVE The CITY shall assign the following individual to manage the project described in this contract: Jean Broermirnann, Secretary Steven M. Gohde,P.E.,Assistant Director of Public Works ARTICLE 111. SCOPE OF-WORK The CONTRACTOR shall provide the services described in the CITY's Request for Quotations. The CONTRACTOR may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. 1:\Ungineering\SNOW SHOVEIING FOLDEMSnow Removal Contracts\2018\Foust 2018-2019 Page 1 of 4 Contract 11-15-18.doex All reports, drawings, photographs, electronic data, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONTRACTOR as instruments of service shall remain the property of the CITY. ARTICLE IV. CITY REPONSIBILITIES 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 V. TIME OF COMPLETION TIME IS OF THE ESSENCE IN THIS CONTRACT. ALL TIME LIMITATIONS AND DEADLINES WILL BE STRICTLY ENFORCED BY THE CITY. The work to be performed under this Contract shall be commenced and the work completed within the time limits as described in this Contract,including any attachments. The CONTRACTOR shall perform the services under this Contract with expediency and with sound work practices. The nature of the work required by this agreement will occur in or around inclement weather, namely snow, ice, and other weather events involving precipitation. The CONTRACTOR therefore shall perform work in, and accommodate situations arising from, inclement weather. The CONTRACTOR will not be responsible for damages arising directly or indirectly from any delays for cause such as strikes or other labor disputes by organized labor. ARTICLE VI. COMPONENT PARTS OF THE AGREEMENT 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. Request for Quotations. 3. CONTRACTOR's Proposal. In the event that any provision in any of the above component parts of this Contract is in conflict with any provision in any other of the component parts, the provision in the component part first listed above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. 1:\Engmeermg\SN0W SHOWLING FOLDLRS\Snow Removal Contracts\2018\Foust 2018-2019 Page 2 of 4 Contractj 1-15-1 8.docx ARTICLEXII.-PAYMENT A. Payment Amount. The CITY shall pay to the CONTRACTOR for the performance of the Contract based upon the prices identified in the CONTRACTOR's Proposal, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The CONTRACTOR shall submit itemized statements for services. Tile 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 Contract executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS AND INDEMNIFY 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 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 adjudged 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 carry insurance which includes the CITY and its employees and agents as an additional insured's for work required by this Contract. The CONTRACTOR's insurance must be primary insurance. The type of insurance and coverages must conform to the attached City of Oshkosh Insurance Requirements. ARTICLE X. TERMINATION This Contract may be terminated for any reason by either party. The CITY may terminate this Contract after giving the CONTRACTOR written notice at least seven (7) calendar days before termination, The CONTRACTOR may terminate this Contract after giving the CITY written notice at least forty-five (45) days before termination. The CONTRACTOR's obligations to hold harmless and indemnify the CITY, and to maintain insurance for actions related to this Contract shall survive after the Contract has been otherwise terminated. The CONTRACTOR shall be entitled to compensation for any satisfactory work performed up to the date of termination. 1:\Englneering\SNOW SHOVELING FOLDITRS\Sno%v Removal Contracts\2018\Foust 2018-2019 Page 3 of 4 Contract-11-15-18.docx This document and any specified attachments contain all terms and conditions of the Contract and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Contract. In the Presence of: CONTRACTOR N v/ y: (Seal of CONTRACTOR (Specify Title) if a Corporation) By: (Specify Title) CITY OF OSHKOSH By: (Witness) Mark A. Rohloff,City Manager � � ., tr (14 1 And: to ess)Y' U Pamela R.Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this Contract. ttorney City Comptroller J:\Englneering\SNOW SHOVEUNG FOLDERS\Snow Removal Gontrads\2018\Foust 2018.2019 Page 4 of 4 Contract 11-15-18.docx CITY OF OSHKOSH REQUEST FOR QUOTATIONS FOR SNOW AND ICE REMOVAL Work Summary The City of Oshkosh is soliciting Quotations for the periodic removal of snow and ice from sidewalks and handicap ramps/crosswalks adjacent to private properties and over railroad crossings within the municipal boundaries. The CITY is seeking a contractor for a one (1) winter season commitment, starting immediately for the Winter 2017/2016 season. City Ordinances require that property owners keep their public sidewalks clear of snow and ice. When property owners fail to keep their public sidewalks clear of snow and ice, then the CITY is allowed to dear these sidewalks for the property owners, at their expense, for the benefit of the public that may use the sidewalks. Quotations are due to the City of Oshkosh's Engineering Division by 10:00 A.M. on Tuesday,October 30,2018. Cleaning the public sidewalks adjacent to private properties will represent the majority of snow and ice removal work pursuant to this Contract. Also included within this Contract is the snow and ice removal on sidewalks at railroad crossings. The City of Oshkosh does not guarantee any particular amount of work will be offered during the term of this contract. The work required for this Contract depends on the weather and depends on the number of property owners who fail to clear their sidewalk. For example, in the Winter 2012/2013 season, there were over 950 snow shoveling jobs performed including the sidewalks for 13 railroad crossings. However, in the relatively mild Winter 2011/2012 season, there were only 213 snow shoveling jobs and 13 railroad crossings. Last year, during the 2017/2018 winter season, there was a total of 171 snow shoveling jobs and 0 railroad crossings. The snow shoveling job examples included repeated clearing of certain properties and other random properties that may have only been cleared once. Another important task for the successful contractor will be the ability to conduct themselves in a positive and professional manner when interacting with property owners, tenants, and other citizens. Contractors must be able to handle the occasional difficult situation and/or a person who may be unhappy with the snow and ice removal work being performed by the contractor. Please note the requirements for when information must be submitted to the City. The deadline is five (5)business days. All documentation will be processed through the on-line software program developed by the City. The software program can be demonstrated at the request of a prospective contractor. Please contact Steve Gohde at (920)236-5065 to arrange for a demonstration of the software. t:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2018\Request for Page 1 of 9 Quorations_104-18.clocx Prequalification All contractors must be prequalified to quote. Prequalification for the snow and ice removal contract shall be completed on the attached forms. Prequalification forms are due to the City of Oshkosh's Engineering Division by 4:00 P.M. on Thursday, October 25,2018. The CONTRACTOR must be qualified to furnish all labor, material, and equipment to complete the required work. The CITY will review contractor qualifications based upon experience, available equipment, and their ability to conduct themselves appropriately with the public. The CITY reserves the right to check references and to contact property owners who have hired the CONTRACTOR in the past, whether or not those persons have been disclosed by the CONTRACTOR. The CITY reserves the right to perform other background checks on the CONTRACTOR, as allowed by law, to verify the ability of the CONTRACTOR to interact with property owners, tenants, and other citizens in. a professional manner. If the CITY believes it is necessary, the CITY reserves the right to inspect the CONTRACTOR's equipment at any time. Inspection may be during the pre- qualification period, when evaluating the CONTRACTOR's quotation, and during the contract period. All equipment shall have adequate safety features for working in the right-of-way and be in good operating condition. All motorized equipment, except walk-behind equipment,must have amber flashing light(s) visible from 360'. The only equipment that can be used to clear any surface, such as sidewalks, handicap ramps/crosswalks, and railroad crossings, are shovels or lightweight pieces of equipment that will not crack or damage the surface from which the snow or ice is removed or other property/surfaces. Snow removal equipment shall not disturb or go on private property. As an example, a light-duty skid steer loader/small tractor and bucket that matches the width of the sidewalk maybe acceptable. Removing snow and/or ice where unusual conditions have occurred from a site will generally require the use of a front-end loader and dump truck. As part of their prequalification, the CONTRACTOR must describe the snow and ice removal equipment they own or can confirm they have available and intend to use to perform these jobs. At a minimum, the CITY believes contractors should have the following equipment available through ownership or leasing to successfully carry out the requirements of this work: a) Tractor/skid steer loader with appropriate snow removal attachments; b) Shovels and snowblower(s); C) End loader; hEngincering\SNOW SHOVELING POLDERS\Snow Removal Contracts\201 8\Request for Quotations_]0-4-18.doex Page 2 of 9 d) Dump truck; e) Digital camera(s)with capability to date stamp photos; and f) Computer with internet access and Microsoft Internet Explorer 11. In addition to snow removal equipment, CONTRACTOR must have a valid e- mail address and have the ability to access the City of Oshkosh website and receive and input data from/to an on-line software program. Quotation Information CONTRACTOR must provide at least three (3) references of past or current projects of similar scope to the work described in these Specifications. Contractors should take into account all of the information and requirements in this Request for Quotations. CONTRACTOR must meet all City of Oshkosh insurance requirements and standard terms and conditions (attached). CONTRACTOR must furnish all labor, materials, and equipment necessary to complete the work. CONTRACTOR shall provide names and telephone numbers of their respective primary and back-up contact person(s) once the Contract has been established. All quotations shall,include the CONTRACTOWs price for performing the following tasks: 1. Remove all snow and/or ice at a single location/lot with 0 to 100 feet of sidewalk (including rock salt/sand application,if necessary). This includes the removal of all snow and ice at a single location or single lot. Snow and ice can-not be placed in the street. CONTRACTOR shall not pile snow higher than thirty inches (30") above the sidewalk in the intersection and for a distance of thirty feet (30') from the intersection. This price should be calculated with the understanding this base point location or lot may contain anywhere from zero feet (0') to one hundred feet (100') of sidewalk. This price should also be calculated with the understanding rock salt and/or sand may need to be applied at any time. The CITY will pay for one (1) trip to the location or lot. Additional trips to the location or lot because of salting, sanding, or further cleaning will not be reimbursed by the CITY. The snow and ice from both the initial storm event and also from street plowing operations must be removed. Before and after condition photos are required. 1: Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2018\Request for Page 3 of 9 Quotations-10-4-18.docx 2. Additional footage beyond 100 feet at same location/lot (including rock salt/sand application if necessary). This includes the removal of all snow and ice at a single location or single lot that extends beyond the base point of one hundred feet (100'). Snow and ice cannot be placed in the street. CONTRACTOR shall not pile snow higher than thirty inches (30") above the sidewalk in the intersection and for a distance of thirty feet (30') from the intersection. This price should be calculated for each additional foot of sidewalk. This price should also be calculated with the understanding rock salt and/or sand may need to be applied to each additional foot at any time. The CITY will pay for one (1) trip to the location or lot. Additional trips to the location or lot because of salting, sanding, or further cleaning will not be reimbursed by the CITY. The snow and ice from both the initial storm event and also from street plowing operations must be removed. Before and after condition photos are required. 3. Apply rock salt/sand only to 0 to 100 feet of sidewalk at a single location/lot. For those instances when snow and/or ice can be removed to the CITY's satisfaction without shovels or mechanical means, the price shall include the application of rock salt and/or sand only at a single location or single lot. This price should be calculated with the understanding this base point location or lot may contain anywhere from zero feet (0') to one hundred feet (100') of sidewalk. The CITY will pay for one (1) trip to the location or lot. Additional trips to' the location or lot for further salting, sanding, or cleaning will not be reimbursed by the CITY. Before and after condition photos are required. 4. Apply rock salt/sand only to additional footage beyond 100 feet at same location/lot. For those instances when snow and/or ice can be removed to the CITY's satisfaction without shovels or mechanical means, the price shall include application of rock salt and/or sand only at a single location or single lot. This price should be calculated for each additional foot of sidewalk beyond the base point distance of one hundred feet (100'). The CITY will pay for one (1) trip to the location or lot. Additional trips to the location or lot for further salting, sanding, or cleaning will not be reimbursed by the CITY. Before and after condition photos are required. hEngmeering\SNOW SHOVELING FOLDERS\Snmv Removal Contracts\2018\11equest for Qtiotations_10-4-18.do" Page 4 of 9 5. Remove all snow and/or ice from all pavement in the handicap ramp/crosswalk quadrant (including rock salt/sand application if necessary). This includes the removal of all snow and ice from all of the hard surfaces in handicap ramps and adjacent pavement, which are typically in the crosswalk quadrant of street intersections. Snow and ice cannot be placed in the street or be piled to create a vision obstruction at the corner. CONTRACTOR shall not pile snow higher than thirty inches (30") above the sidewalk in the intersection and for a distance of thirty feet (30') from the intersection. This price should also be calculated with the understanding rock salt and/or sand may need to be applied at any time. This price should be calculated for each sidewalk quadrant (corner) of a street intersection, regardless of how many ramps or access points are at a quadrant. This task requires clearing sidewalk and ramp areas leading from the sidewalk to the street. The required result is clear sidewalk access to and from the street. This task will usually require the CONTRACTOR to remove snow from the street to achieve the required result. Therefore, the CONTRACTOR is responsible for snow and ice removal up to four feet (4 ) into the street beyond the face of curb. Multiple ramps in one (1) comer will only be allowed one (1) charge. The snow and ice from both the initial storm event and also from street plowing operations must be removed. Before and after condition photos are required. This Item only occurs where the ramp/crosswalk is leading to a crossing of a public right of way/street. Item does not apply to driveways/private entrances crossing the area where the sidewalk/pedestrian walkway exists. 6. Remove and dispose of snow from locations where unusual conditions have occurred. The CONTRACTOR shall designate a rate for removal and disposal of snow where unusual conditions have occurred, i.e. large piles of snow stockpiled by property owners that intrudes onto public sidewalks. Snow is to be disposed of at CONTRA&OR's own dump site. This price shall be a flat rate to mobilize/demobilize equipment to the site and an hourly rate to load snow. CONTRACTOR will not be paid for drive time to or from the site. Hourly loading rate will be paid for time actually loading snow. In the event multiple loads must be hauled, CONTRACTOR shall provide an hourly rate for hauling. Only actual loading and hauling time will be'paid. Idle time waiting will not be paid. Final load disposal shall be part of mobilization/demobilization. CONTRACTOR will also be paid 1: Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\201 8\Request for Pa e5of9 Quo tations-10-4-18.do" 9 for Proposal Items 1, 2, and/or 5, if snow pile was over sidewalk and/or handicap ramp and work performed complies with Proposal Items 1, 2, and/or 5. CONTRACTOR shall not pile snow higher than thirty inches (30") above the sidewalk in the intersection and for a distance of thirty feet (30') from the intersection. Before and after condition photos are required. Time Requirements Snow and ice removal for the CITY must be given priority. The CONTRACTOR will be e-mailed a snow and ice removal list from the CITY. For lists sent up to 11:00 a.m. of any day, work must begin within four (4) hours (i.e. by 3:00 p.m. that day). Lists sent at or after 11:01 a.m. may be started immediately, if sufficient sunlight remains for proper documentation; work must begin by 8:00 am of the following day. All snow and ice removal required by the CITY for each list must be completed within twenty-four (24) hours after the CITY sends the list to the CONTRACTOR or for lists sent at or after 11:01 a.m., by 10:00 p.m. of the followin day. TIME IS OF THE ESSENCE, ALL TIME PERIODS SHALL BE STRICTLY ENFORCED. The CONTRACTOR shall always be ready for immediate snow and ice removal with all equipment in good working condition. The CITY will limit the maximum number of properties due on any day to fifty (50), unless the CONTRACTOR requests additional properties and the CITY has documented properties which require snow removal. Snow and ice removal can only occur between 7:00 a.m. and 10:00 p.m. The CONTRACTOR will be expected to work weekends to complete the work required by the CITY. The only exception to the 24-hour completion requirements is that the CONTRACTOR will not be expected to perform snow and ice removal for the CITY on December 241h, 251h, and January ls' . The information for each list must be entered into the City of Oshkosh software program within five (5) business days of receipt of the list. In the event of new snowfall or ice accumulation, prior to the CONTRACTOR completing removal of snow/ice from a location/lot, CONTRACTOR shall notify CITY within twenty four (24) hours of the start of the new snowfall which locations/lots need to be rechecked by CITY and placed on new list,if appropriate. Required Work The CONTRACTOR will be furnished, by e-mail, a list of sidewalks, or other areas, to be cleared of snow and/or ice to the bare pavement. Sidewalks and handicap ramps/crosswalks must be cleared of all snow and ice, for the entire width of the walk. In the event the sidewalk abuts the street curb, CONTRACTOR shall clear a minimum width of five feet (5 )when the walk is wider than five feet(5') and a minimum width of four feet (4 ) or full width of sidewalk, if sidewalk is five feet (5') or less in width. If the CONTRACTOR cannot clear snow/ice to the bare pavement, the CONTRACTOR shall apply rock salt and/or sand material to make it safe for pedestrian traffic. The CONTRACTOR shall return within twenty four (24) hours after the salt or sand is applied to remove the snow or ice. In the event the snow/ice cannot be removed during 1:\Engineering\SNOW SHOVELING FOI,DERS\SnoNv Removal Contracts\2018\Request for Quotations_10-4-18.dock Page 6 of 9 the second trip, CONTRACTOR shall return at least once every twenty four (24) hours until snow/ice is removed. These subsequent trips cannot be charged to the CITY; they are covered under the original trip. Additional snow/ice accumulation on areas still undergoing snow/ice removal cannot be charged to the CITY as an additional trip; this additional snow/ice removal will be included in the original trip. Before and after photos must also be taken immediately before and immediately after the work is performed for all trips. Each return trip must be documented with before and after condition photos with correct date and time reference. Failure to provide photo documentation of return trips shall result in non-payment for work, A doorhanger, supplied by the CITY,must be placed on the front door of every property cleared by the CONTRACTOR. The CONTRACTOR must complete an entire work list before commencing to a new work list; however, the need for return trips will not prev*erit the CONTRACTOR from proceeding to the next list. In the event the CONTRACTOR is unsure if they should perform work at a property on the list, the CONTRACTOR must notify the CITY via a phone call message to (920)236-5065 within four (4) hours of the original site trip. The CITY will review the property and give direction to the CONTRACTOR. The work may be kept as part of the original list or removed from the list. The CONTRACTOR must document the original site visit with proper photo documentation. The CONTRACTOR shall take all necessary precautions to protect passersby, the public right-of-way, and neighboring property from damage and injury. The CONTRACTOR will be held responsible for damages to sidewalks, trees, structures, grass areas, and any other items due to their operations. Salt and chemicals applied on or near railroad crossings can reduce the resistant properties of timber and ballast. The CONTRACTOR shall limit the use of salt or chemicals on or near railroad crossings. Requirements Before Invoices will be Paid The CONTRACTOR will not be paid for sidewalks cleared that are not on the list provided by the CITY, The CONTRACTOR must complete an entire work list before commencing to a new work list. Within five (5) business days of receipt of a work list, the following information must be entered into the CITY software program for each property: a. Date and exact time of snow and/or ice removal; l:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2018\Request for Page 7 of 9 Quotati ons_10-4-18.do cx b. Date and exact time rock salt/sand was applied; C. Approximate length of walk cleared at each location; d. Before and after condition photos (in digital format) of work performed at each location are required. Photos shall clearly identify the location of the property with landmark features in the background (multiple photos may be required). Camera must place correct date stamp on photos. Before and after photos must be taken immediately before and immediately after the work is performed; e. Date, time,location, and photos of any return trips; f. Any comments (for example: return trip required, already cleared, homeowner came out to shovel,etc.). To process proper payment, required information on each property shoveled must be submitted to the Department of Public Works. All photographs taken must clearly show the before and after condition of the sidewalk and be taken with adequate light. The cost of the internet access and photos is considered to be included as part of the pertinent Bid Items, The CONTRACTOR will not be paid for work that is not properly documented or incomplete as per conditions of the Contract. Also, the CONTRACTOR will not be paid for work completed after the 24-hour time limitation has expired, excluding return trips. The CITY will verify work completed and send CONTRACTOR an itemized list of work performed and costs. CONTRACTOR shall review list and, when quantities are agreed upon, submit an invoice for the cost shown with the list attached as documentation. CONTRACTOR shall submit invoices with corrections within one (1) week of receiving itemized list from CITY. Public Records As a contractor for a governmental entity, certain records created that relate to work performed for the CITY may be subject to Wisconsin Open Records Statutes. The successful CONTRACTOR agrees to fully cooperate with all requests related to open records requests. Contract The CONTRACTOR will be required to enter into a contract with the CITY. All requirements found in this Request far Quotations will become legally binding terms. The CITY will also include in the Contract other provisions it deems to be necessary. A copy of the contract form to be used is enclosed. While some minor details may be negotiated, contractors should expect to sign a contract in materially the same form as the Contract provided. 1:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2018\Request for Quotations-1 OA-1 B.docx Page 8 of 9 The length of this Contract will be for one (1) winter season, which. will start on November 19,2018 and end on May 31, 2019. In the event the CITY wishes to terminate this Contract before the end of the contract period, a 7-day notice shall be given to the CONTRACTOR. In the event the CONTRACTOR wishes to terminate this Contract before the end of the contract period, a 45-day notice shall be given to the CITY. h Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2018\Request for Page 9 of 9 Quota tions_10-A-18.d o m PROPOSAL FOR SIDEWALK SNOW AND ICE REMOVAL CONTRACT We, the undersigned, propose to carry out the assigned sidewalk snow and ice removal projects,-in accordance with the Specifications, from November 19, 2018—May 31, 2019 for the following rates. Rates shall include all cost of labor, materials (rock salt, sand, internet access, photo disks, etc.), use of equipment, and any incidentals required to complete the work as specified, regardless of the number of personnel engaged in shoveling by hand or clearing with equipment, 1. Remove all snow and/or ice at a single location/lot with 0 to 100 feet of sidewalk(including rock salt/sand $ application,if necessary) Lump Sum 2. Additional footage beyond 100 feet at same location/lot $ (including rock salt/sand application if necessary) Per Linear Foot 3. Apply rock salt/sand only to 0 to 100 feet of sidewalk at $ a single location/lot Lump Sum 4. Apply rock salt/sand only to additional footage beyond $ 100 feet at same location/lot Per Linear Foot 5. Remove all snow and/or ice from all pavement in the handicap ramp/crosswalk quadrant (including rock $ salt/sand application if necessary) Per Intersection Quadrant 6, Remove and dispose of snow from locations where unusual conditions have occurred: a. Mobilization/demobilization from site $ Each b. Load snow $ Equipment/Labor Rate Per Hour c. Haul snow $ Equipment/Labor Rate Per Hour I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2018\Request for Qtjotations-10-4-18.docx Page I of I CITY OF OSHKOSH CONTRACTOR'S PROOF OF RESPONSIBILITY SNOW AND ICE REMOVAL r J f City of Oshkosh ALL CONTRACTORS PROVIDING QUOTATIONS FOR SNOW AND ICE REMOVAL FOR THE DEPARTMENT OF PUBLIC WORKS SHALL PROVIDE PROOF OF RESPONSIBILITY RETURN QUESTIONNAIRE TO: CITY OF OSHKOSH ENGINEERING DIVISION CITY HALL,ROOM 301 215 CHURCH AVENUE PO BOX 1130 OSHKOSH,WISCONSIN 54903-1130 NOTE: THE CONTENTS OF THIS QUESTIONNAIRE SHALL BE CONFIDENTIAL FOR THE EXCLUSIVE USE OF THE CONTRACTING AGENCY AND SHALL NOT BE MADE PUBLIC EXCEPT BY WRITTEN PERMISSION OF THE PROSPECTIVE CONTRACTOR. (REVISED October 4,2018) DO NOT REMOVE THIS COVER SHEET FROM THIS DOCUMENT ANSWERS MUST BE TYPEWRITTEN OR IN INK PREQUALIFICATION STATEMENT There is submitted herewith for your consideration is a statement of qualifications of the undersigned to furnish the necessary labor, materials, and skills required to enter upon and complete the Contract for snow and ice removal to be let by the City of Oshkosh. 1, IDENTIFICATION A. Official Firm Name B. General Telephone Fax C. Address (Street) (City) (State) (Zip Code) D. General E-Mail Address E. Number of years in business under present firm name F. Please check(1),(2)or(3): (1)A Corporation or LLC 0 (2)A Co-Partnership 0 (3)An Individual 0 G. Principal Individuals: (If a Corporation or LLC,answer below) (If a Co-Partnership,answer below) President Name of Partner Vice Pres. Name of Partner Secretary (If a Sole Trader,answer below) Treasurer Name of Sole Trader H. If a Corporation or LLC,answer below: (1)When incorporated (2)In what State 1. Contact information for questions regarding this form: Person's Name Telephone FAX E-Mail Address I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2018\Bidder's Proof Form-]0-4-18.docx Page 1 of 8 II. EXPERIENCE A. EXPERIENCE What is the snow and ice removal experience of the principal individuals,including superintendents and/or foremen,of your present organization? Present Position of Years of Snow Magnitude&Type of Individual's Name Officer in your and Ice Work In.What Capacity Organization Experience Average number of employees during the last 12 months: Office Skilled Unskilled B. WORK ON HAND List below the present snow and ice removal contracts held by you. If none,please enter"NONE". Percent Anticipated Date Awarded/Location 'Type of Work Completed Completion Cost of Work Date C. PREVIOUS CONTRACTS List below snow and ice removal contracts completed for the last three 3 ears: Date Awarded Location Type of Work Cost of Work 1:\Engineering\SNOW SHOVELING:FOLDERS\Snow Removal Contracts\2018\13idders Proof Page 2 of 8 Form 10-4.18.doex III. EQUIPMENT A. List below major pieces of equipment owned and available when needed for proposed work. ALL COLUMNS MUST BE COMPLETED. ATTACH ADDITIONAL SHEETS, IF NECESSARY. ADDITIONAL SHEETS MUST CONTAIN SAME INFORMATION LISTED ON THIS ,GE, NUMBERS OF DESCRIPTION,SIZE, ORIGINAL ACCUMULATED PRESENT YEARS OF ITEM CAPACITY,ETC. COST DEPRECIATION BOOK SERVICE VALUE 1:\Engineering\SNOW SHOVELING FOLDERS\SnoNv Removal Contracts\2018\Bidder's Proof Form 104-18.docx Page 3 of 8 IV. CONTRACTUAL RESPONSIBILITY A. Has your firm ever failed in the past ten(10)years to complete work awarded to it? ❑ Yes❑No If so,state: Date Owner Owner's Mailing Address (At that time or preferably now if there is a difference.) Full particulars in each instance:(including type of work&amount of contract) B. Has any officer or partner of your firm ever failed in the past ten(10)years to complete a snow and ice removal work handled in his/her own name? ❑Yes❑No If so,state: Date Name of Officer/Partner Owner Owner's Mailing Address (At that time or preferably now if there is a difference.) Full particulars in each instance:(including type of work&amount of contract) C. Has any officer or partner of your firm ever been an officer or partner of some other organization during the last ten(10)years that failed to complete a snow and ice removal contract? ❑Yes ❑No If so,state: Date Name of Officer/Partner Name and Mailing Address of Organization Name and Mailing Address of Owner (Address at that time or preferably now if there is a difference.) Full particulars in each instance(including type of work&amount of contract): 1:\Engineering\SNOW SHOVELING FOLOERS\Sno%v Removal Contracts\2018\Bidder's Proof Page 4 of 8 rorm-104-18.doex D. Has your firm or any officer or partner of your firm asked to be relieved from a bid submitted by it to a public awarding authority during the past ten(10)years? 0 Yes 0 No If so,state: Date Owner Owner's Mailing Address (At that time or preferably now if there is a difference.) Full particulars in each instance(including type of work&amount of contract): E. Has your firm or any officer or partner of your firm been relieved from a contract awarded to it during the past ten(10)years? 0 Yes 0 No If so,state: Date Owner Owner's Mailing Address (At that time or preferably now if there is a difference.) Full particulars in each instance(including type of work&amount of contract): F. Has firm or any officer or partner of your firm ever been charged with or convicted of a violation of any wage schedule? 0 Yes 0 No If so,state: Date Claimant Claimant's Mailing Address (At that time or preferably now if there is a difference.) Full particulars in each instance(including type of work&amount of contract): I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2018\Bidder's Proof Form-10-4-18,docx Page 5 of 8 G. Has your firm;any of its owners;a subsidiary or corporate parent;or any officer,director,or partner thereof,been convicted in the last three years of violating Section 133,03 Wisconsin Statutes(Unlawful Contracts:Conspiracies)? ❑ Yes El No If so,state: Date Claimant Claimant's Mailing Address (At that time or preferably now if there is a difference.) Full particulars in each instance(including type of work&amount of contract): H. Has your film or anyone employed by your firm been convicted of a felony? ❑ Yes ❑ No If so,identify and describe each incident(include county,case number,violation,circumstances): I. Has your firm or anyone employed by your firm been convicted of a misdemeanor or ordinance violation including disorderly conduct,disturbing the peace,assault,battery,theft,fraud,or similar issues? ❑ Yes ❑ No If so,identify and describe each incident(include county,case number,violation,circumstances): I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2018\Bidder's Proof Page 6 of 8 Form-104-18.docx VI. CONTRACTOR'S FINANCIAL STATEMENT Condition at close of business of 20 A. ASSETS Cash.................................................................... $ Accounts Receivable................................................ $ Real Estate Equity .................................................. $ Materials in Stock................................................... $ Equipment—Book Value ...... ....................... ...... $ Less Depreciation Furniture and Fixtures—Book Value .......................... $ Less Depreciation OtherAssets ......................................................... $ TOTAL ASSETS.... ..................................... $ B. LIABILITIES Accounts,Notes&Interest Payable ........................... $ Other Liabilities..................... ............... ................ $ TOTAL LIABILITIES ..................................... $ NET WORTH(TOTAL ASSETS—TOTAL LIABILITIES).. $ C. Who prepared this balance sheet? D. Are any of your assets assigned? If so,which are assigned? E. For what purpose are they assigned? 1:\Engmeering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2018\13idder's Proof Form-10-4-18.doex Page 7 of 8 VIL - AFFIDAVIT STATE OF COUNTY OF being duly sworn,deposes and says that he/she (Name of Officer/Owner) is the of (Title) (Name of Firm) and that the answers to the foregoing questions and all statements therein contained are true and correct, and that any owner or other agency herein named is hereby authorized to supply the municipality, City of Oshkosh, with any information deemed necessary to verify this statement. (Signature of Officer/Owner) Subscribed and sworn before me this day of 120—, Notary Public County State My Commission Expires APPROVED BY: Date Director of Public Works Date City Manager l:\Engineering\SNOW SHOVELING FOLDERS\Smnv Removal Contracts\201 8\Bidder's Proof Page 8 of 8 Form-10-4-18.docx CONTRACT FOR SNOW AND ICE REMOVAL THIS CONTRACT, made on the day of 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and (Name & address), party of the second part,hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, enter into the following Contract, The CITY's Request for Quotations is attached to this Contract, along with the CONTRACTOR's Proposal. The terms of this Contract and the CITY's Request for Quotations will prevail over the CONTRACTOR's Proposal if there are any inconsistencies between these documents. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager, The CONTRACTOR has assigned the primary individual identified below to manage the project described in this Contract. The CONTRACTOR also assigns the second individual identified below as qualified to make all decisions for the CONTRACTOR if the primary person is not available: (Insert name of Project Manager/Primary Contact) (Insert name of Secondary Contact with Authority) 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 11, CITY REPRESENTATIVE The CITY shall assign the following individual to manage the project described in this contract: (Insert name of City Representative) ARTICLE 111. SCOPE OF WORK The CONTRACTOR shall. provide the services described in the CITY's Request for Quotations. The CONTRACTOR may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. 1:\Engineeflng\SNOW SHOVELING FOLDERS\Snow Removal Coyitracts\2018\Contract_104-18,docx Page 1 of 4 All reports, drawings, photographs, electronic data, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONTRACTOR as instruments of service shall remain the property of the CITY. ARTICLE IV, CITY REPONSIBILITIES 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 V. TIME OF COMPLETION TIME IS OF THE ESSENCE IN THIS CONTRACT. ALL TIME LIMITATIONS AND DEADLINES WILL BE STRICTLY ENFORCED BY THE CITY. The work to be performed under this Contract shall be commenced and the work completed within the time limits as described in this Contract, including any attachments. The CONTRACTOR shall perform the services under this Contract with expediency and with sound work practices. The nature of the work required by this agreement will occur in or around inclement weather, namely snow, ice, and other weather events involving precipitation. The CONTRACTOR therefore shall perform work in, and accommodate situations arising from, inclement weather. The CONTRACTOR will not be responsible for damages arising directly or indirectly from any delays for cause such as strikes or other labor disputes by organized labor. ARTICLE VI. COMPONENT PARTS OF THE AGREEMENT 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, Request for Quotations. 3. CONTRACTOR's Proposal. In the event that any provision in any of the above component parts of this Contract is in conflict with any provision in any other of the component parts, the provision in the component part first listed above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. 1:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2018\Contract_1 0-4-18.docx Page 2 of 4 ARTICLE VIL PAYMENT A. Payment Amount. The CITY shall pay to the CONTRACTOR for the performance of the Contract based upon the prices identified in the CONTRACTOR's Proposal, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The CONTRACTOR shall submit itemized 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 Contract executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS AND INDEMNIFY 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 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 adjudged 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 carry insurance which includes the CITY and its employees and agents as an additional insured's for work required by this Contract. The CONTRACTOR'S insurance must be primary insurance. The type of insurance and coverages must conform to the attached City of Oshkosh Insurance Requirements. ARTICLE X. TERMINATION This Contract may be terminated for any reason by either party. The CITY may terminate this Contract after giving the CONTRACTOR written notice at least seven (7) calendar days before termination. The CONTRACTOR may terminate this Contract after giving the CITY written notice at least forty-five (45) days before termination. The CONTRACTOR's obligations to hold harmless and indemnify the CITY, and to maintain insurance for actions related to this Contract shall survive after the Contract has been otherwise terminated. The CONTRACTOR shall be entitled to compensation for any satisfactory work performed up to the date of termination. I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2018\Contract_1 04-18.docx Page 3 of 4 This document and any specified attachments contain all terms and conditions of the Contract and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Contract. In the Presence of: CONTRACTOR By: (Seal of CONTRACTOR (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: (Witness) Mark A. Rohloff, City Manager And: (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this Contract. City Attorney City Comptroller 1:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2018\Conlract_104-18.docx Page 4 of 4 4114/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS V. STREET / SIDEWALK OBSTRUCTION / SIDEWALK LAYERS / CURB CUT CONTRACTORS / WORK IN RIGHT-OF-WAY LICENSES INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primar coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $500,000 each occurrence limit (2) $500,000 personal liability and advertising injury (3) $500,000 general aggregate (4) $500,000 products— completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations for 2 years after acceptance of completed work (6) The general aggregate must apply separately to this project/location 2. BUSINESS AUTOMOBILE COVERAGE— If this exposure shall exist: A. $500,000 Combined Single Limit for Bodily Injury and Property Damage each accident. B, Must cover liability for Symbol #1 - "Any Auto" — including Owned, Non-Owned and Hired Automobile Liability. 3. WORKERS COMPENSATION AND EMPLOYERS LIABILITY-- "If" required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease— Each Employee V - 1 I 4/14/14 4. BUILDER'S RISK / INSTALLATION FLOATER / CONTRACTOR'S EQUIPMENT OR PROPERTY The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. 5. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. 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. V - 2 AGII/1fl DATE(MM/DD/YYY) �..- CERTIFICATE OF LIABILITY INSURANCE 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 pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER CONTACT Insurance Agency contact NAME: Information,Including streat — _.. _. __ Insurance Agent _ address and PO Bax if PHONE contact Information, FAX applicable, IAIC No.Ext) -y '(A/C.No): EMAIL _._ —.._.___ ADDRESS: INSURER(§)AFFORDING COVERAGE NAIC# ,,INSURrRA ABC Insurance Company NAIC# INSURED Insured'a contact information, INSURER B XYZ Insurance Com an including name,address and _�?.....y -NAIC#, - pnone Hamner. INSURER c: LMN Insurance Compaq NAIC# INSURER D insurer(s)must have a minimum A.M.Best rating of A- "'"'"` -- and a Financial Per/ormanae Rating of VI or batter— 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 AMY 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ; INSR WVD ! POLICY NUMBER GENERAL LIABILITY MMIDD/Y WQIINYY ( LIMITS i EACH OCCURRENCE $500,000 ®COMMERCIAL GENERAL LIABILITY I Genera/Uabillty Policy Number �P'o"l"ic'"y"�effective and expiration date. DAMAGE TO RENTED - ® ` I__._.__ PREMISES(Ea occurrence) $50,000 ® A F7®)OCCUR EQUIVALENT �MED EXP(Any one person) $5,000 ISO FORM CG O 3 PERSONAL B ADV INJURY $500,000 -— __ --- GENERAL AGGREGATE $500 000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS❑ COMP/OP AGG $500,000 PRO-�; -- POLICY (®;JECT LOCj I � AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT !ANY AUTO j Auto Liabilffy policy Number Policy effective and expiration data. BODILY IN t) � i -$500,000 Ea accident), g ❑_ t — TALL OWNED SCHEDULED JURY(War parson) $ jAUTO§ ��! AUTOS BODILY INJURY(Per accident) $ NON-OWNED -- PROPERTY DAMAGE HIRED AUTOS AUTOS (Per acddent) $ ``}} $ _11UMBRELLALIAB j❑jOCCUR EACH OCCURRENCE $ j . .. - E . --- EXCESS LIAR �❑ CLAIMS-MADE ❑ AGGREGATE $ DED ��RETEN714N$ _ $ G WORKERS COMPENSATION -- :AND EMPLOYERS'LIABILITY El j ®TOR Y UMITS�� ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? Y/N l EACH ACCIDENT $100,000 (Mandatory In NH) N Workers Compensation Policy Policy effective and expiration da E Lta. If yes,describe under i I umber ' DESCRIPTION OF OPERATIONS below E.L.DISEASE EA-EMPLOYEE! $ 100,000 E.L.DISEASE-POLICY LIMIT i $500,000 - ❑ ❑ DESCRIPTION OF OPERATIONS I OCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Additional Insureds per attached endorsements. 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. CERTIFICATE HOLDER CANCELLATION City of Oshkosh,Attn: City Clerk Insurance Standard V SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2PO 15 Church Box 1130 venue SAMPLE CERTIFICATE THE EXPIRATION ACCORDANCE WITH THE THEREOF,NOTICE POLICY PROVISIONS.L BE DELIVERED IN Oshkosh,WI 54903-1130 Please indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. O 1988-2010 ACORD CORPORATION, All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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 Organizations : Locations Of Covered Operations As required by contract Any and all job sites 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 additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' This insurance does not apply to "bodily injury" or caused, in whole or in part, by: '.property damage" occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- 2. The acts or omissions of those acting on your ment furnished in connection with such work, behalf; on the project(other than service, maintenance or repairs) to be performed by or on behalf of In the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) design- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project, Insurance Standard V SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate Is for CG 20 10 07 04 U ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: Policy 9 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 SCHEDULE Name Of Additional Insured Person(s) .. Or Organization(s): Location And Description Of Completed Operations As required by contract Any and all job sites Information required to complete this Schedule,.if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". Insurance Standard V SAMPLE CERTIFICATE Please Indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 37 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1 ❑ RECEIVED OCT 2 9 2018 DEPT OF PUBLIC WORDS OSHKOSH, WISCONS - JEFF POUSTf rEr�XC.AVAIMG, INC. �4 CLAM MS ROAD OSHKOSH,WIWONSIN UN4 p t920l 428-5e0e PROPOSAL FAX (920)426.4000 FOR SIDEWALK SNOW AND ICE REMOVAL CONTRACT We,the undersigned,propose to carry out the assigned sidewalk snow and ice removal protects,in accordance with the Specifications,from November 10,2018—May 31,2019 for the following rates. Rates shall include all cost of labor, a abarials(rock salt, sand,internet actress, photo disks,etc),use of equipment,and any incidentals required to complete the work as specified, regardless of the number of personnel engaged in shoveling by hand or clearing with equipment. 1. Remove all snow and/or ice at a single location/lot with 0 to 100 feet of sidewalk(including rock salt/sand $ 72.00 application,if necessary) Lump Sum 2. Additional footage beyond too feet at saute location/lot $ 0.55 (including rock salt/sand application if necessary) Per Linear Foot 3. Apply rock salt/sand only to 0 to 100 Not of sidewalk at $ 7 a single locatiordlot Lump Sum 4. Apply rock salt/sand only to additional footage beyond $_ 0.75 100 feet at same locationllot Per Linear Foot S, Remove all snow and/or foe from all pavement in the bandicap ramp/crosswalk quadrant (including rock $cif{ 00 salt/sand application if necessary) Per Intersection QuadzeAt 6. Remove and dispose of snow from locations where unusual conditions have occurred: a. Mobilization/demobilization from site $90.00 Each b. Load mow $90.00 Equipment/Labor Rate Per Hour c. Haul snow $90.00 Equipment/Labor Rate Per Hour �:reo rsNowstavecwcrowrxsrs�.xMa+000**ft\2Xsraey eufw Pwlofl Q�+u4M»l0i•70.4ba FOUSTA UP ID: RQ CERTIFICATE OF LIABILITY INSURANCE DATE(M7/20 a3i1i2a 6 1s 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 eights to the certificate holder In lieu of such endorsements. PRODUCER 920.233-4000 CONTACT Brian McClone McClone-Oshkosh _.._. _. 505 North Westfield Street - PnHic°NN ,920-233-4000 FAX 920-725-3233 Oshkosh,WI 54902-4105 `" p:ty `Iii -- (A/C,No): rlan.mcc one ,�mcc onls�cam Brian McClone - ��CC1V1� ADRIaSS: INSURERjS)AFFORDING COVERAGE NAIC# INSURER A: West Bend Mutual Insurance Co. 15350 ....,....._ __...____, _.._._—...._._..._ INSURED Jeff Foust Excavating Ina INSURERBm„__,,, 2824 Clairville Rd. --- - Oshkosh,WI 54904 O INSURER 01" 1)'Jt ,ICNYR INSURERD:WIsCON5I INSURERE: INSURERF: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. .-_ _._....... - _ _......_—_._. INS; TYPE OF INSURANCE ODL UBR wyn POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE CLAIMS-MADE OCCUR X A419383 04/01/2018 04/01/2019 DAMASESO RENTED 300,000 o.....(IJlLLe1JS'�)....._ $_........... ....__.__. MED EXPJLny_oneperson).__,, _$_ 5,000 X Aggr Per PrOj CG7 PERSONAL&ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: _GENERAL AGGREGATE 2,000,000 POLICY F%8T E ] LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINESSINGLE LIMIT 1,000 000 X ANY AUTO X A419383 04101/2018 04/01/2019 BODILY INJURY Per arson OWNED SCHEDULED --""—` AUTOS ONLY AUTOS BODILY INJURY,Peracc_ident__.. RRi�pp N yy p � _L ._2_$...__.-..__w._.._....___._. AHM S ONLY AUOTOS ONO r.!III AMAGE A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 2,000,000 EXCESS LIAB CLAIMS-MADE X A419383 04/01/2018 04/01/2019 21000,000 .._... ___._�._..,_ AGGREGATE QED X RETENTION$ 10000 A AND EMPLOYERSELIAABILITY X PER OTH- v/_N A419404 04/01/2018 04/01/2019 - _{ 500 000 STATUTE I I ER ANY PROPRIETOR PARTNER/EXECUTIVE r j , FFICER/MEM R EXCLUDED' �f N/A E.L.EACH ACCIDENT $ ( andstory in ) 540,000 E.L.DISEASE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Ci of Oshkosh,its officers,council members,agents,employees and authorized volunteers are Additional Insured on a Primary and Non Contributory Basis with respects to General Liability including Ongoing and Completed Operations when required by written contract and Additional Insured with respect to Auto Liability on a Primary&NonContributory(cont) CERTIFICATE HOLDER CANCELLATION OSHCI-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Clerk 215 Church Avenue AUTHORIZED REPRESENTATIVE PO Box 1130 Oshkosh,WI 54903-1130 � ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE 0SHCI-1 FOUSiT`1 PAGE INSURED'S NAME Jeff Faust Excavating Inc. OP ID: RG Data 03/17/2016 Basis when required by written contract. Umbrella Liability is following form and extends over General Liability, Auto Liability, and Workers Compensation Employers Liability. 30 Day Notice of Cancellation applies in favor of The City of Oshkosh.