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HomeMy WebLinkAboutAmerican Fence Co/PW Field OPs 6.30.2014 ORIGINAL CONTRACTOR AGREEMENT- FENCING AND INSTALLATION FOR THE CITY OF OSHKOSH PUBLIC WORKS FIELD OPERATIONS BUILDING THIS AGREEMENT, made on the 30TH DAY OF JUNE, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and AMERICAN FENCE CO, 984 MAIN STREET, NEENAH WI 54956 hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following Agreement. The CITY'S Bid Specifications and Insurance requirements are attached hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (JEFF KAISER VP/GM) 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: (KEVIN UHEN, PUBLIC WORKS FIELD OPERATIONS MANAGER OR TODD BURNS, PUBLIC WORKS, STREET SUPERVISOR) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Specifications dated JUNE 24, 2014, referred to as the "Invitation for Quotation" for FENCING AND INSTALLATION OSHKOSH PUBLIC WORKS FIELD OPERATIONS BUILDING (THIS ATTACHED AS EXHIBIT A) 1 and the Contractor's quotation proposal form dated JUNE 30, 2014. The Contractor's bid form is attached hereto as Exhibit B. If anything in the Contractor's proposal conflicts with the CITY'S Bid Specifications or with this agreement,the CITY'S Bid Specifications and the provisions in this agreement shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE IV. CITY RESPONSIBLITIES 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 The work to be performed under this contract shall be commenced by JULY 30, 2014 ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $22,020.00 (Twenty two thousand, Twenty dollars and 00/00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services to 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. 2 ARTICLE VII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be 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 VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S Specifications dated JUNE 24, 2014, referred to as the "Invitation for Quotation" for FENCING AND INSTALLATION, OSHKOSH PUBLIC WORKS FIELD OPERATIONS BUILDING dated JUNE 24, 2014 which is fully incorporated into this Agreement. If applicable, the Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. TERMINATION A. For Cause. If the Contractor 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 Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor 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. 3 In the Presence of: CONTRACTOR /CONSULTANT By: 4E4. �ji �. (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: J, / /; / M rk A. Rohloff, City Manager ( it ss) �t , e- 0--(IL And: NA ALI I (Witness) Pamela R. Ubrig, City C erk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue t_ ��� t1AMf under this contract. City Att. - - TC PiC t Comptroller P 4 EXHIBIT A 5 City of Oshkosh, Wisconsin Invitation for Quotation For FENCING AND INSTALLATION — CITY OF OSHKOSH PUBLIC WORKS FIELD OPERATIONS BUILDING JUNE 24, 2014 City of Oshkosh P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 www.ci.oshkosh.wi.us 1 CITY OF OSHKOSH STANDARD TERMS AND CONDITIONS (Request For Bids/Proposals) 1) SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The City of Oshkosh shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal. 2) DEVIATIONS AND EXCEPTIONS: The bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable. Specific product types or manufacturers identified in specifications shall be interpreted to require bidding of those exact types and manufacturers. Specifications which allow for bids/quotes with "equal" materials must be fully supported with technical data, test results, or other pertinent information as evidence that the substitute offered is a sufficient alternate to the specification requirement. Failure to provide product information will result in disqualification of such requests. 3) QUANTITIES: The quantities shown on this request are based on estimated needs. The city reserves the right to increase or decrease quantities to meet actual needs. 4) DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 5) ACCEPTANCE-REJECTION: The City of Oshkosh reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the city. Only proposals which are made out on the bid/proposal form attached hereto will be considered. All bid/proposals forms must be completed in full compliance as specified. Failure to complete bid/proposals forms may result in disqualification and considered non-responsive. 6) ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized. 7) GUARANTEED DELIVERY: The contractor shall strictly adhere to delivery schedules as specified by the City and to promptly replace rejected or defective materials. The City retains the right to procure materials on its own when the Contractor's materials are not delivered, or replaced if necessary, according to the City's schedule. Contractor's failure to deliver, or replace 2 when applicable, materials as required shall result in the contractor's liability for all costs in excess of the contract price when the City is required to procure materials necessary due to Contractor's failure to act. The City's excess costs shall also include the administrative costs. 8) ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority. 9) APPLICABLE LAW: This Contract shall be governed under the laws of the State of Wisconsin, and all disputes shall be resolved in the state or federal court jurisdiction within which Oshkosh, Wisconsin is located. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The City of Oshkosh reserves the right to cancel any contract with a federally debarred contractor or a contractor which is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. 10) SAFETY REQUIREMENTS: Contractor must follow all applicable federal, state and local standards. 11) SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s). 12) PUBLIC RECORDS ACCESS: It is the intention of the City of Oshkosh to maintain an open and public process in the solicitation, submission, review and approval of procurement activities. Bid/proposal documents and openings are public records and therefore subject to release unless excluded from release by Wisconsin Statutes. Those submitting information to the City that believe that their information is not subject to release must identify the applicable statute(s) and describe in detail how the information being submitted applies to the statute cited. The City's lack of response to assertions related to public records does not indicate any agreement with those assertions. Public records may not be available for public inspection prior to the opening of bids/quotes and/or the issuance of the notice of intent to award or the award of the contract. 13) PRICING: Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price; the unit price shall govern in the bid/proposal evaluation and contract administration. If the bid/quote clearly involves the City's desire to purchase a product or products, then all prices shall exclude any Federal Excise Tax or State of Wisconsin Sales Tax as the City of Oshkosh is exempt from such taxes and will furnish an exemption certificate, if requested by the successful bidder. If the bid/quote is for the purpose of completing a project involving both labor and materials, then the Contractor/Consultant, and 3 not the City, will be purchasing the material directly and the bid/quote must include all material costs, including without limitation, taxes. 14) WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt, or the manufacturer's warranty, whichever is longer. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor. 3/13 4 REQUEST FOR QUOTATION The City of Oshkosh is requesting quotations for a : FENCING AND INSTALLATION — CITY OF OSHKOSH, PUBLIC WORKS FIELD OPERATIONS BUILDING Digital Signage System per attached specifications. All quotes may be mailed addressed to the City of Oshkosh Purchasing Department, P.O. Box 1130, Oshkosh, Wisconsin, 54903-1130. The outside of the envelope must be plainly marked in the lower left hand corner: "FENCING AND INSTALLATION". Envelope shall also show name of bidder. Quotes may also be faxed to the Purchasing Department at (920) 236-5186. The fax must be clearly marked: "ATTN: PURCHASING DEPARTMENT — "FENCING AND INSTALLATION" Quotes must be on file in the office of the Purchasing Department no later than: 9:00 A.M. CST, MONDAY JUNE 30,2014 All questions concerning this request for quotation should be directed to Jon Urben, General Services Manager via email: jurben(c ci.oshkosh.wi.us or phone (920) 236-5100. Mark A Rohloff City Manager PUBLISH: JUNE 24, 2014 5 CITY OF OSHKOSH PURCHASING DIVISION NOTICE TO VENDORS 1. NOTICE IS HEREBY GIVEN that quotes will be received in the City of Oshkosh Purchasing Division, Room 101, City Hall, Oshkosh, Wisconsin, for: FENCING AND INSTALLATION — CITY OF OSHKOSH, PUBLIC WORKS FIELD OPERATIONS BUILDING by the deadline of: 9:00 AM CST, MONDAY JUNE 30, 2014. 2. It is the bidder's sole responsibility to insure that the quote is timely and received by the Purchasing Division prior to the deadline set forth in this notice. Receipt of quote by the mail system or other City departments does not constitute receipt of a quote by the Purchasing Division. 3. Quotes may be submitted by mail and addressed to: Purchasing Division, City Hall, 215 Church Avenue, P.O. Box 1130, Oshkosh, WI 54903-1130. On the outside of the envelope, the bidder should distinctly indicate the name and address of the bidder and in the lower left corner should clearly indicate the envelope contains a quote for: "FENCING AND INSTALLATION" Quotes may also be faxed to the Purchasing Office at (920) 236-5186. Quotes may also be physically submitted to the Purchasing Division Office, located in Room 101 of City Hall, 215 Church Avenue. Quotes not complying with these instructions will not be considered submitted to the City, and shall be returned to the bidder unopened and unread. 5. This notice establishes a time by which quotes must be received by the Purchasing Division. No quotes will be accepted after that deadline. 6. The City is not responsible for quotes submitted in any other way except those submitted in strict conformance with these instructions. 7. A written request for the withdrawal of a quote or any part thereof may be granted if the request is received by the City prior to the specified quote deadline. 8. All quotes shall be binding for thirty-five (35) calendar days following the quote deadline date, unless the bidder(s), upon request of the General Services Manager, agrees to an extension. 9. If applicable, bidder must comply with all necessary insurance requirements, bid bond and/or performance bond as required of the project and as noted in the City of Oshkosh Insurance Requirements. 6 10. The City reserves the right to reject any and all quotes and to waive any informality in the quotes. 11. For specifications and further information concerning this request for quotation contact Jon Urben, General Services Manager, email: jurbena,ci.oshkosh.wi.us or telephone (920) 236-5100. Mark A Rohloff PUBLISH: JUNE 24,2014 City Manager 7 GENERAL INFORMATION The City of Oshkosh is requesting quotations from interested firms for fence installation The specifications listed in this quotation are the minimum acceptable. The specifications are intended as non-restrictive. PRE-QUOTE ONSITE VISITS Firms interested in scheduling an onsite visit of the area for the fence install may contact the Public Works Field Operations Manager, Kevin Uhen at 920/379-5983. INSURANCE REQUIREMENTS Attached are insurance requirements for the City of Oshkosh. Bidders do NOT need to submit COLI when submitting their quote form. SAMPLE CONTRACTOR AGREEMENT Attached is a sample contractor agreement that will be drawn up with the successful bidder. Bidders do NOT need to submit this agreement when submitting their quote form. 8 QUOTATION SPECIFICATIONS FENCING AND INSTALLATION—CITY OF OSHKOSH PUBLIC WORKS FIELD OPERATIONS BUILDING Furnish materials, equipment and labor to install 535 lineal feet of 6' high heavy-duty industrial chain link fence. This fence is to include the following: Privacy Link black vinyl coated with pre-slatted privacy PVC Quantity one (1) 24' cantilever slide gate Quantity one (1) 18' double swing gate Gateposts to be 4' galvanized steel sch. 40 Terminal posts to be 3" diameter Line posts to be 2.5" diameter All top and bottom rails are to be 1 5/8" diameter All posts set in 48" concrete footing 9 • CITY OF OSHKOSH INSURANCE REQUIREMENTS 10 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS II. CONTRACTOR'S INSURANCE WITHOUT PROPERTY 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. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY& BONDS A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products–Completed Operations) per project $2,000,000 4. Products–Completed Operations aggregate $2,000,000 5. Fire Damage limit—any one fire $50,000 6. Medical Expense limit—any one person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)"if" the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of$1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products–Completed Operations coverage must be carried for two years after acceptance of completed work. B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol#1– Any Auto" basis. C. Workers' Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime(Jones Act) or Longshoremen's and Harbor Workers Act coverage. D. Umbrella Liability providing 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. II - 1 4/14/14 E. Aircraft Liability, "if" the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of $3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. F. 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. G. Also, see requirements under Section 3. H. Bond Requirements 1. Bid Bond. Bids that are $25,000 or greater will require the contractor to provide to the owner a Bid Bond, which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 2. Payment and Performance Bond. If awarded the contract, bids that are $25,000 or greater will require the contractor to provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract's execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 3. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A-and a Financial Size Category of no less than Class VI. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. II - 2 4/14/14 3. APPLICABLE TO CONTRACTORS/SUBCONTRACTORS/SUB-SUB CONTRACTORS 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. II - 3 "�_°-R° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDYYY) 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 Insurance Agency contact NAME: information,including street Insurance Agent's address and PO Box if PHONE contact information. IFS applicable. INC.No.Ext): �A/C.No): E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# _ INSURER A: ABC Insurance Company NAIC# INSURED Insured's contact information, • INSURER B: XYZ Insurance Company NAIC# including name,address and - �Y phone number. INSURER c: LMN Insurance Company NAIC# INSURER D: Insurer(s)must have a minimum A.M.Best rating of A- and a Financial Performance Rating of V/or better. 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 1 !ADDL SUBR POLICY EFF POLICY EXP LTR i TYPE OF INSURANCE I INSR WVD I POLICY NUMBER (MM/DD/YYY) (MM/DD/YYY) LIMITS (GENERAL LIABILITY I l EACH OCCURRENCE $1,000,000 _ ' DAMAGE TO RENTED j COMMERCIAL GENERAL LIABILITY ® ❑ ! General Liability Policy Number Policy effective and expiration date. �® -� PREMISES(Ea occurrence) j $50,000 M A . I❑CLAIMS-MADE®OCCUR ! MED EXP(Any one person) $5,000 - - ®`ISO FORM CG 20 37 OR EQUIVALENT_i PERSONAL&ADV INJURY $1,000,000 Di GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 Ell POLICY(®IJERT❑ILOC I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident $ 1,000,000 1ANY AUTO ® ❑ Auto Liability Policy Number Policy effective and expiration date. BODILY INJURY(Per person) $ B i❑,,ALL OWNED ❑ SCHEDULED -- -------- f AUTOS AUTOS I BODILY INJURY(Per accident) $ ❑l HIRED AUTOS ❑ NON-OWNED PROPERTY DAMAGE (Per accident) $ ❑; ❑I $ (®F UMBRELLA LIAB ®',,.'OCCUR ® ❑ EACH OCCURRENCE $2,000,000 A II l CLAIMS-MADE EXCESS LIAR ❑ II Umbrella Liability PolicyNumberl Policy effective and expiration date. AGGREGATE $2,000,000 I❑IDED (®:I RETENTION$10,000 I $ WORKERS COMPENSATION I ❑ ❑ 11 C AND EMPLOYERS'LIABILITY ®I WC STATU- ❑ OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE �TORY LIMITS! ER OFFICE/MEMBER EXCLUDED? YIN Workers Compensation Policy Policy effective and expiration date. E_L_EACH ACCIDENT $100,000 (Mandatory in NH) N Number l If yes,describe under E.L.DISEASE-EA EMPLOYEE $100,000______ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 i ❑ ❑ DESCRIPTION OF OPERATIONS I 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 Insurance Standard II SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE THE EXPIRATION DATE,THEREOF,NOTICE WILL BE DELIVERED IN PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh,WI 54903-1130 Please indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: • COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" This insurance does not apply to "bodily injury" or caused, in whole or in part, by: "property damage" occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- 2. The acts or omissions of those acting on your ment furnished in connection with such work, behalf; on the project(other than service, maintenance or repairs) to be performed by or on behalf of In the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) design- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Insurance Standard II SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: Policy# 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". Insurance Standard II SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ SAMPLE OF CITY OF OSHKOSH CONTRACTORS AGREEMENT 11 CONTRACTOR AGREEMENT- SAMPLE THIS AGREEMENT, made on the th day of , 20_, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Contractor Name., address hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor,for the consideration hereinafter named,enter into the following Agreement. The CITY'S Bid Specifications and Insurance requirements are attached hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Contractor Project Manager 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 contract: (City Project Manager Name & Title) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated ,attached hereto as Exhibit A, and the Contractor's"Project Bid Proposal Form" dated , attached hereto as Exhibit B. Both Exhibit A and B are incorporated into this Agreement. If anything in the Contractor's proposal conflicts with the CITY'S Bid Specifications or with this agreement,the CITY'S Bid Specifications and the provisions in this agreement shall govern. 1 The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE IV. CITY RESPONSIBLITIES 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 The work to be performed under this contract shall be commenced and the work completed by . ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $ , adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services to 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. ARTICLE VII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any 2 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 VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of . Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S Bid Specifications dated , attached hereto as Exhibit A and fully incorporated into this Agreement, The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. TERMINATION A. For Cause. If the Contractor 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 Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor 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. In the Presence of: CONTRACTOR /CONSULTANT By: (Seal of Contractor (Specify Title) if a Corporation.) By: 3 (Specify Title) CITY OF OSHKOSH By: Mark A. Rohloff, City Manager (Witness) And: (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City Attorney City Comptroller 4 4 QUOTATION PROPOSAL FENCING AND INSTALLATION CITY OF OSHKOSH PUBLIC WORKS FIELD OPERATIONS BUILDING QUOTATION DEADLINE IS 9:00 A.M. CST, MONDAY JUNE 30, 2014 From: (Bidder's Company Name) We, the undersigned, propose to furnish all materials and training to provide a Fencing and Installation as identified the RFQ specifications attached. Quote: Fencing and Installation $ . (Total Bid Price—In Words) Delivery in after receipt of order Days Payment terms Date Submitted: Name of Company: Submitted by: (name and title) Email address: Address of Company: Phone: 12 EXHIBIT B 6 QUOTATION PROPOSAL FENCING AND INSTALLATION CITY OF OSHKOSH PUBLIC WORKS FIELD OPERATIONS BUILDING QUOTATION DEADLINE IS 9:00 A.M. CST,MONDAY JUNE 30,2014 From: A (Bidder's Company Name) We, the undersigned, propose to furnish all materials and training to provide a Fencing and Installation as identified the RFQ specifications attached. 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