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HomeMy WebLinkAboutWinnebago Lawn & Snow Contract_12-3-24I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Winnebago Lawn & Snow Contract_12-3-24.docx Page 1 of 4 CONTRACT FOR SNOW AND ICE REMOVAL THIS CONTRACT, made on the _____ day of ________________, 2024, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and WINNEBAGO LAWN & SNOW, LLC, 3970 Oregon Street, Unit 2, Oshkosh, WI 54902, 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: Gary Gomoll Secondary Contact with Authority: Paige McBriar 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: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 December4th I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Winnebago Lawn & Snow Contract_12-3-24.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: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Winnebago Lawn & Snow Contract_12-3-24.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, their agents or assigns, their employees, or their 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) calendar days Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Winnebago Lawn & Snow Contract_12-3-24.docx Page 4 of 4 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: ___________________________ Gary Gomoll ____________________________ Owner (Seal of CONTRACTOR if a Corporation) By: ___________________________ ___________________________ (Specify Title) CITY OF OSHKOSH _____________________________ By: ___________________________ (Witness) Mark A. Rohloff, City Manager _____________________________ And: ___________________________ (Witness) Diane M. Bartlett, 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: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 REQUEST FOR QUOTATION We are submitting herewith for your consideration a request to quote: SNOW AND ICE REMOVAL SERVICES FOR THE CITY OF OSHKOSH PREQUALIFICATION – All contractors must be pre-qualified to quote. Pre-qualification for the snow and ice removal contract shall be completed and are due to the City of Oshkosh’s Department of Public Works-Engineering Division by 4:00 pm on Thursday, October 17, 2024. All quotes must be addressed to the City of Oshkosh Department of Public Works- Engineering Division, PO Box 1130, Oshkosh, WI 54903-1130. The outside of the envelope must be plainly marked in the lower left-hand corner: “SNOW AND ICE REMOVAL SERVICE”. Envelope shall also show name of bidder. OR FAX’ed to the Department of Public Works-Engineering Division at (920) 236- 5068. The FAX must be clearly marked: “ATTN: DEPARTMENT OF PUBLIC WORKS-ENGINEERING DIVISION – SNOW AND ICE REMOVAL SERVICES”. Quotes must be on file in the office of the Department of Public Works-Engineering Division no later than 10:00 AM, TUESDAY, OCTOBER 22, 2024 The City reserves the right to reject any and all quotations and to waive any informalities in bidding. For specifications and further information concerning this request for quotation, contact Justin Gierach, P.E., Engineering Division Manager / City Engineer, Room 301, City Hall, or telephone (920) 236-5065. Mark A. Rohloff City Manager PUBLISH: OCTOBER 4 and 11, 2024 Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Request for Quotations_9-19-24.docx Page 1 of 8 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 2024/2025 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 clear 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 22, 2024. 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 2023/2024 winter season, there was a total of 145 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 Justin Gierach at (920) 236-5065 to arrange for a demonstration of the software. Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Request for Quotations_9-19-24.docx Page 2 of 8 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 17, 2024. 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 may be 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; d) Dump truck; e) Digital camera (s) with capability to date stamp photos; and f) Computer with internet access and Microsoft Internet Explorer 11. Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Request for Quotations_9-19-24.docx Page 3 of 8 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 CONTRACTOR’s 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 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 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. 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 Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Request for Quotations_9-19-24.docx Page 4 of 8 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. 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 Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Request for Quotations_9-19-24.docx Page 5 of 8 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) corner 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 and/or ice from locations where unusual conditions have occurred. The CONTRACTOR shall designate a rate for removal and disposal of snow and ice where unusual conditions have occurred, i.e. large piles of snow stockpiled by property owners that intrudes onto public sidewalks or ice build-up from sump pumps. Snow and ice are to be disposed of at CONTRACTOR’s own dump site. This price shall be a flat rate to mobilize/demobilize equipment to the site, an hourly equipment/labor rate to load and haul snow, and/or an hourly equipment/labor rate to remove ice from sump pump discharge. CONTRACTOR will not be paid for drive time to or from the site. Hourly loading rate will be paid for time actually loading snow. Hourly removal rate will be paid for time actually removing ice. In the event multiple loads must be hauled, CONTRACTOR shall provide an hourly rate for hauling snow. Only actual time for loading and hauling snow and ice removal will be paid. Idle time waiting will not be paid. Final load disposal shall be part of mobilization/demobilization. CONTRACTOR will also be paid 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. This Proposal Item shall only be used at the discretion of the CITY. The low bidder will be determined by calculating the cost based on the five-year average quantities of the Bid Items listed in the Proposal utilizing the bid rates provided by each bidder. 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 Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Request for Quotations_9-19-24.docx Page 6 of 8 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 following 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 24th, 25th, and January 1st. 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 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. Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Request for Quotations_9-19-24.docx Page 7 of 8 The CONTRACTOR must complete an entire work list before commencing to a new work list; however, the need for return trips will not prevent 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; 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.). Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Request for Quotations_9-19-24.docx Page 8 of 8 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 for 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. The length of this Contract will be for one (1) winter season, which will start on the date the Contract is approved by the CITY’s Common Council and will end on May 31, 2024. 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. Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Request for Quotations_9-19-24.docx Page 1 of 2 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 17, 2024 – May 31, 2025 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 Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Request for Quotations_9-19-24.docx Page 2 of 2 6. Remove and dispose of snow and/or ice from locations where unusual conditions have occurred: a. Mobilization/demobilization from site b. Load snow c. Haul snow d. Remove ice from sump pump discharge $_________________________ Each $_________________________ Equipment/Labor Rate Per Hour $__________________________ Equipment/Labor Rate Per Hour $__________________________ Equipment/Labor Rate Per Hour Date: ___________ Name of Company: ______________________________ Submitted by (Name/Title): __________________________ E-mail: _________________________ Address of Company: _____________________________ Phone No.: _____________________ _____________________________ Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 CITY OF OSHKOSH CONTRACTOR’S PROOF OF RESPONSIBILITY SNOW AND ICE REMOVAL 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 September 19, 2024) DO NOT REMOVE THIS COVER SHEET FROM THIS DOCUMENT ANSWERS MUST BE TYPEWRITTEN OR IN INK Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Bidder's Proof Form_9-19-24.docx Page 1 of 8 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. I. 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  (2) A Co-Partnership  (3) An Individual  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 _____________________ I. Contact information for questions regarding this form: Person’s Name________________________________________________________________________________ Telephone___________________________ FAX_________________________________________ E-Mail Address________________________________________________________________________________ Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Bidder's Proof Form_9-19-24.docx Page 2 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? Individual’s Name Present Position of Officer in your Organization Years of Snow and Ice Experience Magnitude & Type of Work In What Capacity 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”. Date Awarded/ Owner/Location Type of Work Percent Completed Anticipated Completion Date Cost of Work C. PREVIOUS CONTRACTS List below snow and ice removal contracts completed for the last three (3) years: Date Awarded Owner/Location Type of Work Cost of Work Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Bidder's Proof Form_9-19-24.docx Page 3 of 8 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 PAGE. NUMBERS OF ITEM DESCRIPTION, SIZE, CAPACITY, ETC. ORIGINAL COST ACCUMULATED DEPRECIATION PRESENT BOOK VALUE YEARS OF SERVICE Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Bidder's Proof Form_9-19-24.docx Page 4 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): _____________________________________________________________________________________ _____________________________________________________________________________________ Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Bidder's Proof Form_9-19-24.docx Page 5 of 8 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?  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): _______________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ 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?  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): ______________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ F. Has firm or any officer or partner of your firm ever been charged with or convicted of a violation of any wage schedule?  Yes  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): _______________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Bidder's Proof Form_9-19-24.docx Page 6 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  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 firm 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): _______ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Bidder's Proof Form_9-19-24.docx Page 7 of 8 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 Other Assets ………………………………………………… $ ____________________________________ 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? _____________________________________________________________________________________________ Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Bidder's Proof Form_9-19-24.docx Page 8 of 8 VII. 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 _________________, 20____. _____________________________________________________ Notary Public _________________, ___________________________________ County State My Commission Expires _______________________________ APPROVED BY: _______________________________________ Date ___________________ Director of Public Works _______________________________________ Date ___________________ City Manager Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Contract_9-19- 24.docx Page 1 of 5 CONTRACTOR CONTRACT This CONTRACT, made on the _____ day of __________, 2024, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CONTRACTOR’S NAME, address_____________________________, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, enter into the following CONTRACT for SNOW AND ICE REMOVAL SERVICES FOR THE WINTER 2024-2025 SEASON. The CONTRACTOR’s Proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this CONTRACT, in which case this CONTRACT shall prevail. ARTICLE I. 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 dated September 19, 2024 and attached hereto 3. CONTRACTOR’s Proposal dated _______________ and attached hereto In the event any provision in any of the above component parts of this CONTRACT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROJECT MANAGER A. Assignment of Project Manager. The CONTRACTOR has assigned the primary individual identified below to manage the PROJECT described in the 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) Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Contract_9-19- 24.docx Page 2 of 5 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 III. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this CONTRACT: Jean Vande Kolk – Office Assistant Justin Gierach, P.E. – Engineering Division Manager / City Engineer ARTICLE IV. SCOPE OF WORK The CONTRACTOR shall provide the services described in the CITY’S Request for Quotation. The CONTRACTOR my provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. 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 V. CITY RESPONSIBILITES The CITY shall furnish, at the CONTRACTOR’s request, such information as is needed by the CONTRACTOR to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONTRACTOR’s work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION 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. Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Contract_9-19- 24.docx Page 3 of 5 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 VII. PAYMENT A. The 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. Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Contract_9-19- 24.docx Page 4 of 5 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, their agents or assigns, their employees, or their 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) 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. ARTICLE XII. SUSPENSION, DELAY, OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of CONTRACTOR for the convenience of the CITY. In such event, CONTRACTOR's contract price and schedule shall be equitably adjusted. Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 I:\Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2024\Contract_9-19- 24.docx Page 5 of 5 ARTICLE XIII. NO THIRD-PARTY BENEFICIARIES This CONTRACT gives no rights or benefits to anyone other than the CITY and CONTRACTOR and has no third-party beneficiaries. In the Presence of: CONTRACTOR ____________________________ By: _____________________________ ____________________________ (Seal of CONTRACTOR _____________________________ if a Corporation) (Specify Title) By: _____________________________ _____________________________ (Specify Title) CITY OF OSHKOSH _____________________________ By: _____________________________ (Witness) Mark A. Rohloff, City Manager _____________________________ And: _____________________________ (Witness) Diane M. Bartlett, 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: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 12/20/18 V - 1 CITY OF OSHKOSH INSURANCE REQUIREMENTS V. RIGHT-OF-WAY OBSTRUCTION / RIGHT-OF-WAY ANNUAL EXCAVATION / RIGHT-OF-WAY SINGLE SITE EXCAVATION / 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 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. 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 Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 12/20/18 V - 2 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. Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 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 $ 500,000 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 $ 500,000 GENERAL AGGREGATE $ 500,000 GEN’L AGGREGATE LIMIT APPLIES PER:PRODUCTS – COMP/OP AGG $ 500,000 POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident)$ 500,000 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 $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $$ 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 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. General Liability Policy Number Auto 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 V SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 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 V SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. Policy # Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 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 V SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94 Docusign Envelope ID: 127CAF93-C8B3-44C9-92F4-6EE0DAF18D94