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Home My WebLink AboutFoust_Exc_Contract_11-22-22I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2022\Foust Exc Contract_11- 22-22.docx Page 1 of 4 CONTRACT FOR SNOW AND ICE REMOVAL THIS CONTRACT, made on the _____ day of ________________, 2022, 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 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: Project Manager/Primary Contact: Jeff Foust Secondary Contact with Authority: Jill Dillman 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 Contract: Jean Vande Kolk, Secretary Justin Gierach, P.E., Engineering Division Manager / City Engineer ARTICLE III. 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. DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 29th November I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2022\Foust Exc Contract_11- 22-22.docx Page 2 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 Contract 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 CONTRACT 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. DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2022\Foust Exc Contract_11- 22-22.docx Page 3 of 4 ARTICLE VII. 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 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 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. STANDARD PROVISIONS The CONTRACTOR agrees that, in all hiring or employment made possible by or resulting from this CONTRACT, 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 IX. 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/her agents or assigns, his/her employees, or his/her 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 X. 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 XI. 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) DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2022\Foust Exc Contract_11- 22-22.docx Page 4 of 4 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. 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: ___________________________ Jeff Foust ____________________________ President (Seal of CONTRACTOR if a Corporation.) By: ___________________________ ___________________________ (Specify Title) CITY OF OSHKOSH _____________________________ By: ___________________________ (Witness) Mark A. Rohloff, City Manager _____________________________ And: ___________________________ (Witness) Jessi L. Balcom, 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 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389 DocuSign Envelope ID: AD1C2C7A-F817-4DC1-97D8-02ED393CB389