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RFP_(Part_4)
June 29, 2022City of OshkoshEngineering Division Created by: Eric Shew Sewer TelevisingHollister AvenueAlgoma Blvd to Sheridan Street Legend #S Sanitary manholes Sanitary sewer %U Storm manholes Storm sewer %U %U %U %U %U %U %U %U %U%U %U %U%U %U %U %U%U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U%U %U%U %U %U %U %U %U %U %U %U%U %U%U %U %U%U %U%U %U%U%U %U %U %U%U %U%U %U %U%U %U%U %U%U %U%U%U%U%U %U %U %U %U %U %U %U %U %U %U %U%U %U %U %U %U %U %U %U%U %U%U%U (X(X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X 1 7 2 7 1 7 2 3 1 7 1 5 1 7 0 9 1 7 0 3 1 6 4 3 1 6 2 7 1 6 2 3 1 6 1 5 1806 1825 1 6 2 4 1812 1814 16141716 1805 1 8 0 8 1902 1810 1 7 2 3 1 7 1 7 1 7 1 3 1 7 0 7 1 7 0 3 1806 1802183818321826182218161812 1720 1833 1813 1807 1803 1 6 0 8 1827 1 6 2 2 A 1 6 4 9 A 1833A 1 6 5 8 1 6 0 8 A INLET INLETINLET INLET INLET 12-42 12-625 12-58212-194 12-19512-551 12-60812-584 12-58612-58512-536 12-609 12-610 12-628 12-627 12-626 12-583 12-1851 12-1941 12-185612-185512-1854 12-1850 12-184912-185312-1852 12-1840 12-1841 12-184712-184812-1846 12-184412-184512-184312-1842 12-1839 12-1835 12-1830 12-1829 12-1836 12-183312-1834 12-183812-1837 12-1354 12-135812-1357 12-1355 STORM MH 12-772 12-58112-775 12-281 12-280 12-211 12-207 12-206 12-205 12-269 12-204 12-27512-274 12-268 12-209 12-26712-210 12-30812-276 12-261912-2618 12-1826 12-1827 W MURDOCK AVW MURDOCK AV A L G O M A B L V D A L G O M A B L V D HH OO LL LL II SS TT EE RR AA VV SS HH EE RR II D D A A N N SS TT CLARKS CT CLARKS CT 0 90 18045Feet NOTICE AND DISCLAIMER City of Oshkosh maps and GIS data are intended to be used for reference purposes only. The maps and GIS Data are not intended to be used to independently verify information identified. While the City attempts to maintain complete and accurate maps, these maps and data are primarily compilations of information provided by various sources. Therefore, anyone viewing these maps is expected to verify the information they are interested in through other sources such as Diggers Hotline, other public maps, official and unofficial land records, field surveys and inspections, and other records held by property owners and/or property users. Persons using City maps and/or data do so at their own risk. Property owners are solely responsible for underground facilities and all other features related to their property. The City of Oshkosh shall not be responsible for any problems or damages resulting from the use of City maps and/or data. Persons believing that City maps and/or contain inaccuracies or incomplete information are requested to bring these issues to the City’s attention. . DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C June 29, 2022City of OshkoshEngineering Division Created by: Eric Shew Sewer TelevisingClarks CourtHollister Ave to cul de sac Legend #S Sanitary manholes Sanitary sewer %U Storm manholes Storm sewer %U %U %U %U %U %U %U %U%U%U %U%U%U%U%U%U %U %U %U %U %U %U %U %U %U %U %U %U %U %U%U %U %U %U%U %U%U %U %U%U%U%U%U %U %U %U%U%U (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X 1 6 2 4 1703 1806 18 02182218161812 17 20 18 1 3 18 07 18 03 1 6 0 8 1 6 4 9 A 12-625 12-610 12-628 12-627 12-626 12-1354 12-1358 12-135712-1356 12-1355 12-207 12-206 12-269 12-268 12-20912-26712-210 HH OO LL LL II SS TT EE RR AA VV CC LL A A RR KK SS C C TT S H E R I D A N S T S H E R I D A N S T 0 50 10025Feet NOTICE AND DISCLAIMER City of Oshkosh maps and GIS data are intended to be used for reference purposes only. The maps and GIS Data are not intended to be used to independently verify information identified. While the City attempts to maintain complete and accurate maps, these maps and data are primarily compilations of information provided by various sources. Therefore, anyone viewing these maps is expected to verify the information they are interested in through other sources such as Diggers Hotline, other public maps, official and unofficial land records, field surveys and inspections, and other records held by property owners and/or property users. Persons using City maps and/or data do so at their own risk. Property owners are solely responsible for underground facilities and all other features related to their property. The City of Oshkosh shall not be responsible for any problems or damages resulting from the use of City maps and/or data. Persons believing that City maps and/or contain inaccuracies or incomplete information are requested to bring these issues to the City’s attention. . DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C June 20, 2022City of OshkoshEngineering Division Created by: Eric Shew Sewer TelevisingN. Sawyer StreetBuchanan Ave to Coolidge Ave Legend #S Sanitary manholes Sanitary sewer %U Storm manholes Storm sewer %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U%U %U %U %U %U%U %U%U %U %U %U %U %U %U %U%U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U%U %U%U %U%U%U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U%U %U %U %U %U %U%U %U%U %U %U %U %U %U %U%U %U%U %U %U%U%U%U %U %U%U %U %U %U %U %U %U %U %U %U%U %U %U %U %U %U%U %U %U %U %U %U %U%U %U %U %U %U %U%U%U %U %U %U%U%U %U %U %U %U %U %U %U %U %U %U %U %U %U%U %U%U %U %U %U %U %U %U %U%U %U %U %U %U%U %U %U %U %U %U %U %U %U%U%U%U%U %U %U %U%U%U %U %U %U %U %U%U %U %U %U%U%U%U %U%U %U %U %U%U %U %U%U%U %U %U %U %U %U %U%U %U %U %U %U %U%U %U %U %U %U %U (X (X (X (X (X (X (X (X (X (X (X (X (X(X(X (X (X (X (X (X (X (X (X (X (X (X (X (X(X (X (X (X (X (X (X(X (X (X (X(X(X(X (X (X(X (X (X (X (X(X (X (X (X(X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X(X (X 820 821 1119 1111 1107 910 1418 941 944 930 920 902 945 1216 909 915 932 938 944 950 926 1056 937 933 927 921 913 903 938 903 913 917 931 937 941 945A 940 936 930 926 922 912 921 927 931 937 941 945 820 821 1140 1136 1132 1126 1122 1116 1112 1106 1102 820 1143 112511311137 1103 1059A 1102A 1023 1013 1005 1012 1319 1036 1032 1026 1022 1016 1143 1137 1133 1129 1123 1117 1113 1107 1103 1147 1123 1117 1113 1109 1021 1057 1122 1106 1123 1117 1107 1101 1127 1123 1119 1107 1103 1008 1039 1113 1001 1022 1003 1009 1013 1019 1027 1035 1037 1109 1118 1033 1027 1023 1017 1013 1007 1003 1002 1012 1108 1114 1120 1102 1142 1136 1142 1136 1020 1132 1126 1122 1112 1135 1127 1132 1122 1116 1112 11021106 1037 1106 1034 10541126 1116 1102 12181103 1112 11031105 1120 1116 11101202 1033 1037 1019 1036 1026 1016 1006 1115 1006A 1039A 1124 1003A 1037A 912 1405 937A 1026A 1136A 1214 113011361142 113311371143 1056A 820A 925 1213 1000 1006 1023 INLETINLETINLET INLETINLET INLET INLET INLET INLET 16-69 16-78 16-387 16-388 16-553 16-361 16-360 16-357 16-709 16-711 16-71016-708 16-70616-707 16-356 16-29216-293 16-16716-355 16-336 16-35416-352 16-71616-71416-715 16-71316-712 16-540 16-2186 06-2712 16-1581 16-1370 16-1500 16-1459 16-145816-145716-1455 16-1336 16-129016-1289 16-1286 16-1287 16-1285 16-1282 16-128116-1280 16-127916-127816-1277 16-127616-1275 16-1272 16-127116-1268 16-127016-1269 16-1128 16-1378 16-137316-1372 16-1369 16-1148 16-1160 16-1125 16-1131 16-1136 16-1132 16-1157 16-1144 16-113716-1138 16-113916-1141 16-1147 16-1154 16-115916-1158 16-1127 16-1129 16-1156 16-1143 16-1145 16-115316-115016-1152 16-1151 16-116216-1163 STORM MH STORM MH STORM MH 16-75 16-77 16-6816-67 16-79 16-76 16-115 16-190 16-189 16-112 16-102 16-107 16-120 16-18016-181 16-18216-168 16-118 16-27416-162 16-273 16-11716-116 16-130116-1300 16-1299 16-129816-1297 16-1296 16-1295 16-1083 16-1085 16-1087 16-1090 16-1091 16-108216-1084 16-1089 16-1088 16-1086 16-1081 16-1471 16-1470 N SAWYER ST N SAWYER ST DOVE ST DOVE ST JOSSLYN ST JOSSLYN ST COOLIDGE AVCOOLIDGE AV N LARK ST N LARK ST TYLER AVTYLER AV ARTHUR AVARTHUR AV BUCHANAN AVBUCHANAN AV VAN BUREN AVVAN BUREN AV ARTHUR AVARTHUR AV VAN BUREN AVVAN BUREN AV 0 130 26065Feet NOTICE AND DISCLAIMER City of Oshkosh maps and GIS data are intended to be used for reference purposes only. The maps and GIS Data are not intended to be used to independently verify information identified. While the City attempts to maintain complete and accurate maps, these maps and data are primarily compilations of information provided by various sources. Therefore, anyone viewing these maps is expected to verify the information they are interested in through other sources such as Diggers Hotline, other public maps, official and unofficial land records, field surveys and inspections, and other records held by property owners and/or property users. Persons using City maps and/or data do so at their own risk. Property owners are solely responsible for underground facilities and all other features related to their property. The City of Oshkosh shall not be responsible for any problems or damages resulting from the use of City maps and/or data. Persons believing that City maps and/or contain inaccuracies or incomplete information are requested to bring these issues to the City’s attention. . DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C June 20, 2022City of OshkoshEngineering Division Created by: Eric Shew Sewer Televising400 W Parking Lot17 Church Ave Legend #S Sanitary manholes Sanitary sewer %U Storm manholes Storm sewer %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U%U %U%U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U%U %U%U%U %U %U %U %U %U %U %U %U%U%U%U %U%U%U%U %U %U %U %U%U %U %U %U %U %U %U %U %U%U%U %U %U %U %U %U%U%U%U%U %U %U %U %U%U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U %U%U %U %U (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X (X(X(X (X(X(X (X (X (X (X(X 138 146 420 465 415 439 425 451 110 137 434 436 463 461459 457 445 441 427 460 452 448 438 430 423 419417415 413 428 426 422420 416 456 501 500 503 502 415A415B415C415D415E 414 418 424421421A421B 435 448A 448B 452A 460 480 470 438A 438B 436A 432A 432B 9 7 463A461A459A 441A 424A423A 415F413A 17 04-517 07-850 07-795 07-794 07-79307-791 07-78907-78707-786 07-767 07-766 07-765 07-764 07-385 07-386 07-387 07-388 07-389 01-578 01-58701-576 07-308 01-429 01-575 07-265 01-399 07-264 07-263 07-262 07-261 07-260 07-25907-258 07-127 07-170 07-234 07-169 07-233 07-232 07-168 07-237 07-229 07-89 01-31 07-88 01-32 07-756 07-755 07-762 01-352 01-354 01-358 01-353 04-131 N MAIN ST N MAIN ST ALGOMA BLVD ALGOMA BLVD DIVISION ST DIVISION ST CHURCH AV CHURCH AV BROWN ST BROWN ST MERRITT AVMERRITT AV 0 60 12030Feet NOTICE AND DISCLAIMER City of Oshkosh maps and GIS data are intended to be used for reference purposes only. The maps and GIS Data are not intended to be used to independently verify information identified. While the City attempts to maintain complete and accurate maps, these maps and data are primarily compilations of information provided by various sources. Therefore, anyone viewing these maps is expected to verify the information they are interested in through other sources such as Diggers Hotline, other public maps, official and unofficial land records, field surveys and inspections, and other records held by property owners and/or property users. Persons using City maps and/or data do so at their own risk. Property owners are solely responsible for underground facilities and all other features related to their property. The City of Oshkosh shall not be responsible for any problems or damages resulting from the use of City maps and/or data. Persons believing that City maps and/or contain inaccuracies or incomplete information are requested to bring these issues to the City’s attention. . DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C I:\Engineering\I & I Work\Sanitary Laterals\Televising\2023\RFP\Sample Current Agreement Form_7- 5-22.docx Page 1 of 6 AGREEMENT This AGREEMENT, made on the _____ day of ________________, 2022, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CONSULTANT’S NAME, address , 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 SANITARY AND STORM SEWER MAIN AND LATERAL TELEVISING FOR 2023 CAPITAL IMPROVEMENT PROJECTS (PROJECT). ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Name – Title 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: Mike Blank – Construction Management Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CITY’S Request for 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 through an amendment to this AGREEMENT. Services included in the Miscellaneous Projects section of the CITY’s Proposal Cost Breakdown will be detailed further within individual Task Order Authorizations. A sample Task Order Authorization form is attached to this AGREEMENT. DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C I:\Engineering\I & I Work\Sanitary Laterals\Televising\2023\RFP\Sample Current Agreement Form_7- 5-22.docx Page 2 of 6 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. 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 VI. 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. ARTICLE VII. 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 VIII. 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 CITY’s Request for 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 DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C I:\Engineering\I & I Work\Sanitary Laterals\Televising\2023\RFP\Sample Current Agreement Form_7- 5-22.docx Page 3 of 6 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 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. While CONSULTANT has made reasonable efforts to incorporate into their plan for the PROJECT any known current project impacts of the COVID-19 pandemic, CONSULTANT has not accounted for, and is not responsible for, unknown future changes due to the COVID-19 pandemic, including, without limitation, additional restrictions by government agencies or others (such as the availability of the site for access or the availability of CITY or CONSULTANT staff or others) to the extent they delay or otherwise impact the PROJECT. In that event, CONSULTANT will notify CITY and work in good faith to equitably address any unexpected impacts therefrom. ARTICLE IX. 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. CITY’s Request for Proposal dated _____________ and attached hereto 3. CONSULTANT’s Proposal dated ____________ and attached hereto 4. Individual Project Authorization Forms 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 X. 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: Time and Materials Not to Exceed $_________ (__________________________________________ Dollars). Attached fee schedule(s) shall be firm for the duration of this AGREEMENT. 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. DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C I:\Engineering\I & I Work\Sanitary Laterals\Televising\2023\RFP\Sample Current Agreement Form_7- 5-22.docx Page 4 of 6 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. E. Expenses. Expenses may be billed with up to a maximum of ten percent (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 XI. 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 XII. 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, their agents or assigns, their employees, or their 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 XIII. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements, with the exception of the Professional Liability requirements. The Professional Liability Insurance Requirements listed are not required for this AGREEMENT. DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C I:\Engineering\I & I Work\Sanitary Laterals\Televising\2023\RFP\Sample Current Agreement Form_7- 5-22.docx Page 5 of 6 ARTICLE XIV. 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 XV. RE-USE OF PROJECT 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. Subject to individual review, CONSULTANT’S reports, drawings, specifications, documents, or other deliverables will generally be considered public records that are available to the public upon request. Neither the CITY nor the CONSULTANT, therefore, has control of these documents once they are disclosed as a public record. It is understood between these two (2) parties, however, that CONSULTANT does not intend to state or imply that the PROJECT documents it creates have any purpose unrelated to the PROJECT. To the extent the CITY may re-use or reference any part of the CONSULTANT’S documents or information on unrelated projects, the CITY agrees to independently verify their applicability for unrelated projects and further agrees the Standard of Care applicable to the documents for this PROJECT will not apply to their re- use or reference in unrelated projects. ARTICLE XVI. 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 agreement price and schedule shall be equitably adjusted. DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C I:\Engineering\I & I Work\Sanitary Laterals\Televising\2023\RFP\Sample Current Agreement Form_7- 5-22.docx Page 6 of 6 ARTICLE XVII. 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: CONSULTANT ____________________________ By: _____________________________ ____________________________ (Seal of CONSULTANT _____________________________ if a Corporation) (Specify Title) 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 AGREEMENT. _____________________________ City Attorney ___________________________________ City Comptroller DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C I:\Engineering\I & I Work\Sanitary Laterals\Televising\2023\RFP\Sample Project Auth_7-5-22.docx Page 1 of 1 PROJECT AUTHORIZATION NUMBER ______ ("Task Order") Owner: City of Oshkosh Department Public Works Authorized Office: 215 Church Avenue, P.O. Box 1130, Oshkosh, Wisconsin 54903-1130 Owner-Authorized Representative: Mike Blank, Construction Management Supervisor Contract: 2023 CIP Sanitary and Storm Sewer Main and Lateral Televising City of Oshkosh Contract Number: __________ Consultant’s Project Number: ________ The authorizing office requires performance of the following described Services: Form of Compensation: Unit Rate Not-to-Exceed: $___________________ Additional Terms and Conditions: None Authorized Services shall be performed in accordance with the terms and provisions of the agreement between Consultant and the City of Oshkosh dated _____________. This Project Authorization shall be effective only upon date of signature of an authorized representative of the City of Oshkosh. CONSULTANT Signature: Name: _____________________________ Title: Date: CITY OF OSHKOSH Signature: Name: __Mike Blank_________________ Title: Construction Management______ Supervisor ____________ Date: DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C 4/14/14 III - 1 CITY OF OSHKOSH INSURANCE REQUIREMENTS III. PROFESSIONAL SERVICES LIABILITY 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 primary 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. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 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 must be carried for 2 years after acceptance of completed work (6) The general aggregate must apply separately to this project/location 3. BUSINESS AUTOMOBILE COVERAGE– If this exposure shall exist: A. $1,000,000 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. DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C 4/14/14 III - 2 4. 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 5. UMBRELLA LIABILITY - If exposure exists, provide coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. 6. 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 Professional Liability, Workers Compensation and Employers Liability. 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. DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYY) 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE (A/C. No. Ext): FAX (A/C. No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: ABC Insurance Company NAIC # INSURED INSURER B: XYZ Insurance Company NAIC # INSURER C: LMN Insurance Company NAIC # INSURER D: 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYY) POLICY EXP (MM/DD/YYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 A CLAIMS-MADE OCCUR MED EXP (Any one person) $ 5,000 ISO FORM CG 20 37 OR EQUIVALENT PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS – COMP/OP AGG $ 2,000,000 POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? Y / N (Mandatory in NH) N If yes, describe under DESCRIPTION OF OPERATIONS below WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE – EA EMPLOYEE $ 100,000 E.L. DISEASE – POLICY LIMIT $ 500,000 A PROFESSIONAL LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS / LOCATIONS / 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 215 Church Avenue PO Box 1130 Oshkosh, WI 54903-1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE, THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Insurer(s) must have a minimum A.M. Best rating of A- and a Financial Performance Rating of VI or better. Policy effective and expiration date. Policy effective and expiration date. Policy effective and expiration date. Policy effective and expiration date. General Liability Policy Number Auto Liability Policy Number Professional Liability Policy Number Workers Compensation Policy Number Insurance Agent’s contact information. Insurance Agency contact information, including street address and PO Box if applicable. Insured’s contact information, including name, address and phone number. Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. Umbrella Liability Policy Number Policy effective and expiration date. DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C 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 Organization(s): Location(s) 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 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 damage” or “personal and advertising injury” caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) design- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to “bodily injury” or “property damage” occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 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. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C POLICY NUMBER: 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 II – 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”. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Policy # Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C I:\Engineering\I & I Work\Sanitary Laterals\Televising\2023\RFP\RFP Q&A_7-15-22.docx Page 1 of 1 City of Oshkosh Sanitary and Storm Sewer Main and Lateral Televising for 2023 Capital Improvement Projects RFP Questions and Answers Listed below are the Questions (Q) received and the Answers (A) provided to consultants: Q Is there any storm sewer televising needed for Bauman Street south of Coolidge Avenue? A No. Q Is there any sanitary sewer televising needed east or west of Bauman Street at the Pierce Avenue intersection, or south of the Pierce Avenue intersection on Bauman Street? A No. DocuSign Envelope ID: AC6161A4-5F30-4A62-9335-EC8DF8200E0C