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HomeMy WebLinkAboutGRAEF-USA_Incs_Agreement_for_Contract_29-0I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\GRAEF\29-01 GRAEF Agreement-Jackson St & Oregon St Reconst Des Serv_4-23-25.docx Page 1 of 8 AGREEMENT This AGREEMENT, made on the 23rd day of April, 2025, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and GRAEF-USA, INC., 116 South Adams Street, Suite 201, Green Bay, WI 54301, 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 WDOT PROJECT NO. 4994-01-40/41 AND NO. 4994-01-42/43 CITY OF OSHKOSH JACKSON STREET AND OREGON STREET RECONSTRUCTION – CITY CONTRACT 29-01 (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: Andrew Schultz, P.E. – Practice Area Leader – Transportation / Associate 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: Alyssa Deckert, P.E. – Civil Engineering Supervisor Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\GRAEF\29-01 GRAEF Agreement-Jackson St & Oregon St Reconst Des Serv_4-23-25.docx Page 2 of 8 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. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documents by the CITY to the CONSULTANT, and shall remain the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. ARTICLE V. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\GRAEF\29-01 GRAEF Agreement-Jackson St & Oregon St Reconst Des Serv_4-23-25.docx Page 3 of 8 ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VII. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT’s request, such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT’s work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VIII. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if mutually agreed, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSULTANT will, if mutually agreed, conduct tests in an effort to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE IX. 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. Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\GRAEF\29-01 GRAEF Agreement-Jackson St & Oregon St Reconst Des Serv_4-23-25.docx Page 4 of 8 The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT’s control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the 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. The CITY and the CONSULTANT acknowledge that their respective experiences over the previous years have included disruptions and/or interruptions of their business operations resulting from the existence of a pandemic. These previous experiences have made the CITY and CONSULTANT more aware of the possibility and implications of future pandemics, and has resulted in contingencies and procedures to address known pandemic implications, while understanding that each pandemic may be different. Therefore, while CONSULTANT and CITY have made reasonable efforts to incorporate contingencies and procedures into their PROJECT plans any known or reasonably- anticipated impacts on the PROJECT resulting from a pandemic, neither CONSULTANT nor CITY have accounted for, and are not responsible for, unknown future disruptions and/or changes of circumstances related to their business to the extent caused by a commonly-recognized pandemic. These disruptions and/or interruptions, 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 the event a pandemic is actually, or is anticipated to, disrupt or interrupt the CONSULTANT’s or CITY’s obligations related to the PROJECT, the other party shall be promptly notified in writing of the problem, along with a description of how the pandemic is disrupting and/or interrupting performance of PROJECT tasks. The parties agree to work in good faith to equitably address any unexpected impacts therefrom. ARTICLE X. 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 February 20, 2025 and attached hereto Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\GRAEF\29-01 GRAEF Agreement-Jackson St & Oregon St Reconst Des Serv_4-23-25.docx Page 5 of 8 3. CONSULTANT’s Proposal dated March 21, 2025 and attached hereto In the event any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE XI. 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 $585,927 (Five Hundred Eighty Five Thousand Nine Hundred Twenty Seven Dollars).  Attached fee schedule 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. 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. Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\GRAEF\29-01 GRAEF Agreement-Jackson St & Oregon St Reconst Des Serv_4-23-25.docx Page 6 of 8 ARTICLE XII. 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 XIII. 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 XIV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XV. 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. Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\GRAEF\29-01 GRAEF Agreement-Jackson St & Oregon St Reconst Des Serv_4-23-25.docx Page 7 of 8 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 XVI. 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 XVII. 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: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\GRAEF\29-01 GRAEF Agreement-Jackson St & Oregon St Reconst Des Serv_4-23-25.docx Page 8 of 8 ARTICLE XVIII. 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: _____________________________ ____________________________ Patrick Skalecki (Seal of CONSULTANT Vice President if a Corporation) By: _____________________________ _____________________________ (Specify Title) CITY OF OSHKOSH _____________________________ By: _____________________________ (Witness) Rebecca N. Grill, 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 AGREEMENT. _____________________________ City Attorney ___________________________________ City Comptroller Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\Design Serv RFP\Cover Letters\29-01 GRAEF Cover Ltr_2-20-25.docx Page 1 of 1 City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us February 20, 2025 Pat Skalecki GRAEF 116 South Adams Street, Suite 201 Green Bay, WI 54301 E-Mail: patrick.skalecki@graef-usa.com RE: Request for Proposals – WDOT Project No. 4994-01-40/41 and No. 4994-01-42/43 City of Oshkosh Jackson Street and Oregon Street Reconstruction – City Contract 29-01 Dear Pat: The City of Oshkosh is hereby requesting proposals be submitted for the design and preparation of construction documents for the urban reconstruction of Jackson Street, from Marion Road to High Avenue, and Oregon Street, from West 8th Avenue to West 6th Avenue. All Plan and Specification preparation shall comply with Wisconsin Department of Transportation and City of Oshkosh standards. Questions regarding this Request for Proposals shall be e-mailed to Tracy Taylor at ttaylor@oshkoshwi.gov (with the subject heading of “Jackson Street and Oregon Street Design RFP Questions”) by 04:00 p.m. on Monday, March 3, 2025. The questions and appropriate responses will be distributed to all parties receiving this Request for Proposals by 12:00 noon on Thursday, March 6, 2025. Please submit one (1) pdf and one (1) hard copy of the Proposal to Tracy Taylor no later than 4:00 p.m. on Friday, March 17, 2025. Enclosed with this letter are the Scope of Services, a map of the area, a copy of the State/Municipal Agreements for the Project, Standard Engineering Services Agreement, and Professional Services Liability Insurance Requirements. The information contained within these enclosures shall become a part of the Agreement with the Consultant selected to perform the Services. If you have any questions, please do not hesitate to contact us. Sincerely, Justin Gierach, P.E. Engineering Division Manager / City Engineer Enclosures cc: James Rabe, P.E., Director of Public Works Steven M. Gohde, P.E., Assistant Director of Public Works / Utilities General Manager Alyssa Deckert, P.E., Civil Engineering Supervisor Jacob Dedering, Civil Engineer Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor- Consultant Agreements\Design Serv RFP\29-01 Jackson St & Oregon St Design RFP Scope of Services_2-20-25.docx Page 1 of 5 City Contract 29-01 Jackson Street and Oregon Street Urban Reconstruction Oregon Street – West 8th Avenue to West 6th Avenue Jackson Street – Marion Road to High Avenue Scope of Services STP-Urban Program SMA 4994-01-40/41 – Oregon Street SMA 4994-01-42/43 – Jackson Street 1. Collect Survey information necessary for the production of construction drawings for the urban reconstruction of approximately 900’ of Jackson Street and 500’ Oregon Street. A. Utilize NAVD 88 vertical datum and Winnebago County Coordinates NGDV 29 horizontal datum. B. Contact Digger’s Hotline to have all utilities in Project areas outlined below located. C. Full topographic survey of the following street segments (distances below are a minimum required and the Engineer shall determine if more survey data is required for the design): i. Jackson Street (250’ south of Marion Road to 250’ north of High Avenue) ii. High Avenue (250’ west of Jackson Street to 250’ east of Jackson Street). iii. Pearl Avenue (250’ west of Jackson Street to 250’ east of Jackson Street). iv. Marion Road (Jackson Street to 250’ west of Jackson Street). v. Oregon Street (250’ south of West 8th Avenue to 250’ north of West 6th Avenue). vi. West 6th Avenue (250’ west of Oregon Street to 250’ east of Oregon Street). vii. West 7th Avenue (250’ west of Oregon Street to 250’ east of Oregon Street). viii. West 8th Avenue (250’ west of Oregon Street to 250’ east of Oregon Street). D. Minimum items to be included in full topographic survey of streets: i. Cross sections at a maximum interval of 50’. ii. Cross sections at high points and low points in streets and horizontal alignment deviations. iii. Back of walk. iv. Front of walk. v. Top of curb. vi. Flow line of gutter. vii. Centerline. viii. All features within terrace and a minimum of 20’ behind the back of walk (trees, mailboxes, utility pedestals, etc.). The Engineer shall determine if more survey work is needed on Private Property for the TPP. ix. All Utilities identified by Digger’s Hotline locates. a. Include all manholes, catch basins, valves, etc. (rim and invert elevations). b. All upstream and downstream manholes at intersections will be required. x. All concrete pavement joints for concrete streets. a. Specifically, at all intersections along the Project length, as well as the far north and south ends. Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor- Consultant Agreements\Design Serv RFP\29-01 Jackson St & Oregon St Design RFP Scope of Services_2-20-25.docx Page 2 of 5 2. Prepare Construction Documents for the urban reconstruction of approximately 900’ of Jackson Street and 500’ of Oregon Street. A. Scope of work to include full urban reconstruction (sanitary sewer, storm sewer, water main, and electrical) of Jackson Street from Marion Road to High Avenue and Oregon Street from West 8th Avenue to West 6th Avenue. B. Vault surveys for any vault that enters the right-of-way. C. The Construction Project will be advertised, bid, awarded and managed by the Wisconsin Department of Transportation (WDOT). i. All Plans and Specification preparation, except water main, sanitary sewer, and service laterals (sanitary, water, and storm), shall comply with WDOT standards. ii. Plan and Specification preparation with regards to water main, sanitary sewer, and service laterals shall comply with City of Oshkosh standards. A copy of the latest version of the City of Oshkosh Standard Specifications can be found at: https://www.oshkoshwi.gov/PublicWorks/ a. Utility connections to cross streets shall take into account future work in side streets so that Jackson Street and Oregon Street will not require disturbance during future side street construction. Coordinate with City to determine location of connections to cross streets. iii. Plans to be prepared: a. Title Sheet. b. Typical Cross Sections and General Notes. c. Special Details, including roadway elements, geometric layouts, and salvage/disposal of highway materials. d. List of Standard Detail Drawings. e. Engineering Estimates on Computer Worksheet. f. Miscellaneous Quantities. g. Plan and Profile Sheets. h. Computer Earthwork Data and Mass Diagrams. i. Cross Sections. j. Traffic Control Plan. k. Erosion Control Plan. l. Marking and Signing Plan. m. Waste Disposal Plan. n. Traffic Signal Plans. o. Lighting Plans. p. Construction Staging Plans (include earthwork quantities for each stage). q. Landscaping Plan. r. Storm Sewer Plan. s. Sanitary Sewer and Water Main Plan. t. Project Overview – Single Sheet Schematic Drawing. u. Full design of all facilities (lighting, trees, sewer, water, storm, electric, etc.) plan sheets. D. Prepare Design Reports in accordance with the WDOT Facilities Development Manual (FDM). i. Encroachment Report. ii. Design Study Report. Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor- Consultant Agreements\Design Serv RFP\29-01 Jackson St & Oregon St Design RFP Scope of Services_2-20-25.docx Page 3 of 5 iii. Pavement Design Report. iv. Pavement Selection Report. v. Transportation Management Plan. vi. Intersection Traffic Analysis. vii. Environmental Document. E. Environmental Documentation. i. Phase 1 Environmental Assessment. ii. Phase 2 Environmental Assessment for up to six (6) sites. iii. Archeological and Historical Surveys in accordance with the FDM. F. Utility Coordination i. Perform Utility Coordination in accordance with: a. The FDM. b. TRANS 220. c. WDOT “Guide to Utility Coordination”. d. “Utility Coordination Task List for Design Consultant Contracts”. ii. Potential utilities present (list is not all inclusive): a. Diggers Hotline tickets will identify all parties being contacted to locate facilities. b. City of Oshkosh (water, sanitary, storm, electric, and fiber optic). c. Wisconsin Public Service (gas and electric). d. AT&T (telephone, fiber optic, and duct packages). e. Spectrum. f. American Transmission Company. g. Windstream. h. TDS. i. NTD Corp. G. Agency Coordination / Permitting. i. Section 401 and 402 Certifications: a. Evaluate the effects of the Project on water quality in accordance with the provisions of the Clean Water Act, TRANS 400, and the FDM; and prepare the necessary applications. ii. Coordinate with Wisconsin Department of Natural Resources (WDNR) Liaison to WDOT to receive Construction Site Permit Coverage. iii. Prepare a written Storm Water Management and Erosion and Sediment Control Plan report in accordance with City and WDNR requirements. iv. Coordinate with WDOT on the Jackson/Oregon Street Bridge, City of Oshkosh Fox River Bridge & Approaches State Project ID: 4994-07-00. a. Oregon Street and Jackson Street STP – Urban Project will be let with State Bridge Project. H. Prepare Detailed Construction Cost Estimate (based upon 90% plans). I. Include right-of-way plat information on the Plan Sheets. 3. Soil Borings and Geotechnical Services: A. Consultant to assist City in determining number and location of soil borings. B. Consultant to prepare a Request for Proposals for Geotechnical Services. City will solicit proposals. Request for Proposal shall include the following: i. Scope of Services. Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor- Consultant Agreements\Design Serv RFP\29-01 Jackson St & Oregon St Design RFP Scope of Services_2-20-25.docx Page 4 of 5 ii. Maps showing location of soil borings. iii. City Standard Engineering Services Agreement. iv. City Insurance Requirements. C. The City will contract with a Geotechnical Consultant separate from this Contract. 4. Prepare Transportation Project Plat (TPP) in accordance with the requirements of the FDM. A. Conduct Title Searches. B. Locate section corners and provide information necessary for preparation of right-of-way plat. Surveys shall include ties to section corners, quarter section corners, or to lot corners in platted areas. C. Temporarily mark existing right-of-way. D. It is anticipated that TLEs will be required over the entire length of the Project. E. Prepare legal descriptions of all TLEs, PLEs, and property to be acquired. F. Locate and temporarily mark new right-of-way boundaries and easements in a manner that will facilitate the appraisal of the affected parcels. G. Submit right-of-way plat to City for review, incorporate review comments, and re-submit to City for filing. H. Monument new right-of-way boundaries. 5. Public Information and Involvement. A. Conduct and assist the City in holding two (2) Public Informational Meetings (budget under Item 7). B. Prepare all exhibits, handout materials, and PowerPoint presentations for meetings. C. Prepare summary report of each meeting after the meeting (including summary of comments received). D. Consult with City to discuss comments received and recommend possible disposition of comments and suggestions. E. Coordinate scheduling of meeting with City. Provide notices and press releases for the City to use in notifying residents of meeting. F. Provide City a copy of all correspondence and file notes. 6. Bidding Related Services: A. Budget a minimum of twenty (20) hours of Design Engineer time to answer questions during the Project bidding. B. Provide information to WDOT and assist WDOT in preparation of Addenda during the Project bidding. 7. Meetings: A. Project Kick-Off meeting. B. 30% plan review meeting. C. 60% plan review meeting. D. 90% plan review meeting. E. Two (2) Public Informational Meetings (may be held in the evening). F. Two (2) Utility Coordination Meetings. G. Five (5) additional meetings to be held at City Hall to include but not limited to: i. Transportation Advisory Committee. Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor- Consultant Agreements\Design Serv RFP\29-01 Jackson St & Oregon St Design RFP Scope of Services_2-20-25.docx Page 5 of 5 ii. Common Council. H. Pre-Construction Conference. 8. Information provided by the City of Oshkosh: A. Scanned images of as-built plans that may be available. B. Existing right-of-way plats and drawings, as may be available. C. GIS data pertinent to the Project. D. Accident reports / data for the Project Area. E. Proposed sanitary sewer size. F. Proposed water main size. G. Proposed storm sewer size. 9. Project Deliverable Materials: A. AutoCAD files of all survey work completed. B. Copies of survey field notes. C. AutoCAD files of all design work completed for the Project. D. Portable Document Format (pdf) files of the Construction Plans and Specifications. 10. Tentative Project Schedule: A. 75% Design (enough to commence TPP) – February 2026. B. Land acquisition complete – February 2027. 11. State Letting Schedule A. PS&E – February 1, 2028. B. Let – July 11, 2028. Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\Design Serv RFP\29-01 Sample Agreement Form_2-20-25.docx Page 1 of 8 AGREEMENT This AGREEMENT, made on the _____ day of ________________, 2025, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CONSULTANT, address, City, ST Zip, 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 WDOT PROJECT NO. 4994-01-40/41 AND NO. 4994-01-42/43 CITY OF OSHKOSH JACKSON STREET AND OREGON STREET RECONSTRUCTION – CITY CONTRACT 29-01 (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: Alyssa Deckert, P.E. – Civil Engineering Supervisor Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\Design Serv RFP\29-01 Sample Agreement Form_2-20-25.docx Page 2 of 8 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. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documents by the CITY to the CONSULTANT, and shall remain the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. ARTICLE V. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\Design Serv RFP\29-01 Sample Agreement Form_2-20-25.docx Page 3 of 8 ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VII. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT’s request, such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT’s work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VIII. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if mutually agreed, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSULTANT will, if mutually agreed, conduct tests in an effort to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE IX. 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. Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\Design Serv RFP\29-01 Sample Agreement Form_2-20-25.docx Page 4 of 8 The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT’s control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the 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. The CITY and the CONSULTANT acknowledge that their respective experiences over the previous years have included disruptions and/or interruptions of their business operations resulting from the existence of a pandemic. These previous experiences have made the CITY and CONSULTANT more aware of the possibility and implications of future pandemics, and has resulted in contingencies and procedures to address known pandemic implications, while understanding that each pandemic may be different. Therefore, while CONSULTANT and CITY have made reasonable efforts to incorporate contingencies and procedures into their PROJECT plans any known or reasonably- anticipated impacts on the PROJECT resulting from a pandemic, neither CONSULTANT nor CITY have accounted for, and are not responsible for, unknown future disruptions and/or changes of circumstances related to their business to the extent caused by a commonly-recognized pandemic. These disruptions and/or interruptions, 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 the event a pandemic is actually, or is anticipated to, disrupt or interrupt the CONSULTANT’s or CITY’s obligations related to the PROJECT, the other party shall be promptly notified in writing of the problem, along with a description of how the pandemic is disrupting and/or interrupting performance of PROJECT tasks. The parties agree to work in good faith to equitably address any unexpected impacts therefrom. ARTICLE X. 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 February 20, 2025 and attached hereto Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\Design Serv RFP\29-01 Sample Agreement Form_2-20-25.docx Page 5 of 8 3. CONSULTANT’s Proposal dated _____________ and attached hereto In the event any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE XI. 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. 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. Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\Design Serv RFP\29-01 Sample Agreement Form_2-20-25.docx Page 6 of 8 ARTICLE XII. 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 XIII. 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 XIV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XV. 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. Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\Design Serv RFP\29-01 Sample Agreement Form_2-20-25.docx Page 7 of 8 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 XVI. 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 XVII. 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: 553DDC1E-70F7-4060-8F74-59DFE1754BFF I:\Engineering\2021 - 2030 Contracts\2029 CONTRACTS\29-01 Jackson St & Oregon St\Administrative\Contract Information\Contractor-Consultant Agreements\Design Serv RFP\29-01 Sample Agreement Form_2-20-25.docx Page 8 of 8 ARTICLE XVIII. 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: _____________________________ ____________________________ Name (Seal of CONSULTANT Title if a Corporation) By: _____________________________ _____________________________ (Specify Title) CITY OF OSHKOSH _____________________________ By: _____________________________ (Witness) Rebecca N. Grill, 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 AGREEMENT. _____________________________ City Attorney ___________________________________ City Comptroller Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF 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: 553DDC1E-70F7-4060-8F74-59DFE1754BFF 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: 553DDC1E-70F7-4060-8F74-59DFE1754BFF 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: 553DDC1E-70F7-4060-8F74-59DFE1754BFF 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. Policy # Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF 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: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF Docusign Envelope ID: 553DDC1E-70F7-4060-8F74-59DFE1754BFF