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HomeMy WebLinkAboutLee Recreation LLC/Playground design/Installation/Bauman Park C CONTRACTOR AGREEMENT- PLAYGROUND DESIGN AND INSTALLATION FOR THE CITY OF OSHKOSH PARKS DEPARTMENT — BAUMAN PARK THIS AGREEMENT, made on the 2ND DAY OF JULY, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and LEE RECREATION LLC, 809 BLUEBIRD PASS, CAMBRIDGE WI 53523 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: (VERN LEE, CO-OWNER) 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: (RAY MAURER, CITY OF OSHKOSH PARKS DIRECTOR) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Specifications dated APRIL 25, 2014, referred to as the "Request for Proposals" for MODULAR PLAYGROUND EQUIPMENT DESIGN AND INSTALLATION — BAUMAN PARK (THIS ATTACHED AS EXHIBIT A) 1 and the Contractor's proposal form dated MAY 19, 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 AUGUST 31, 2014 ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $50,000.00 (Fifty thousand 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 APRIL 25, 2014, referred to as the "Request for Proposals" for MODULAR PLAYGROUND EQUIPMENT DESIGNS AND INSTALLATION — BAUMAN PARK dated APRIL 25, 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: na.*-- & kat w (Seal of Contractor (Specify Title) if a Corporation.) By: Aer ati (Specify Title) CITY OF OSHKOSH By: A di,1�L�L rk A. Rohloff, City Manager ( itness) �Z_ _ i ?..G1 r And: �i.dlL I 1 , 0 ill (Witness) Pamela R. Ubrig, City er APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue Stx A111611 J under this contract. City Attorney City Comptroller 4 EXHIBIT A 5 City of Oshkosh, Wisconsin e%Amer Request for Proposals For Modular Playground Equipment Designs & Installation Bauman Park Oshkosh Parks Department April 25, 2014 City of Oshkosh P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 www.ci.oshkosh.wi.us CITY OF OSHKOSH STANDARD TERMS AND CONDITIONS (Request For Bids/Proposals) I) 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. 2 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 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 3 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 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 PROPOSALS Modular Playground Equipment Designs &Installation Bauman Park Oshkosh Parks Department I. Introduction The City of Oshkosh, Wisconsin, (herein referred to as the City) hereby solicits proposals for modular playground equipment designs to be installed at Bauman Park. It is the responsibility of the Proposer to carefully read the entire Request for Proposal (hereinafter referred to as the RFP) which contains all provisions applicable to successful completion and submission of a proposal, including all terms attached to the City of Oshkosh Standard Terms and Conditions. All proposals, sealed and marked "PROPOSAL FOR MODULAR PLAYGROUND EQUIPMENT DESIGNS- OSHKOSH PARKS DEPARTMENT", must be received by the City of Oshkosh, City Clerk's Office, 215 Church Avenue, PO Box 1130, Oshkosh, WI 54901 by 10:00 A.M. on Wednesday, May 21, 2014. Any proposal received after this time will not be considered. To be complete, each proposal submission shall include two submissions: a technical proposal and a cost proposal. Each submission shall include two (2) proposals. The proposal may be stapled or bound in the same volume. It is neither the City's responsibility nor practice to acknowledge receipt of any proposal. Proposals may be withdrawn by notice to the party receiving proposals of the place designated for the receipt of proposals any time prior to the opening. Such notice shall be in writing over signature of the proposer, or by e- mail. If by e-mail, written confirmation over the signature of the proposer shall be mailed and postmarked on or before the date and time set for receipt of proposals, and it shall be so worded as not to reveal the amount listed in the original proposal. The City will not be liable for any costs incurred by the proposer in responding to this RFP or participating in the RFP process. Such costs are the sole responsibility of the proposer. The City of Oshkosh reserves the right to reject any or all proposals, to waive any informalities in the process, or to accept any proposal deemed in the best interests of the City of Oshkosh, 5 II. Background &Scope of Services The City is seeking proposals for modular play equipment designs, site preparation and installation for its Bauman Park located on Josslyn Street in Oshkosh. The background and scope of services for this RFP include: • All proposals shall be fully compliant with the most current CPSC guidelines, ASTM standards and IPEMA certification. All equipment shall be compliant with the full intent of all ADA guidelines for accessibility, play components and design; • All play structures shall be constructed of steel or aluminum posts, with PVC coated steps, including all transfer points and decks. Wood shall not be permitted. Use of recycled materials is permitted; • All play structure pipe measurements must be a minimum of 4"; • All proposals should confine to an area no greater than approximate 55' X 55' fall zone footprint and the play area surfacing shall extend a minimum of 6'from the nearest playground equipment; • All proposals should provide for youth 5-12 year olds; • The following are components that MUST BE INCLUDED within each proposal design: - Climbing rock/climbing wall - Creative Slide - Components must fit in approximate 55'X 55'fall zone - Age appropriate signage - Belt and bucket swings (2 bay swing set) - Provide color charts for all equipment; • The following are components that SHALL NOT BE INCLUDED in any proposal design: - Roofs/canopies - Tunnels; • All site prep and installation of base course will be completed by the contractor. Play area surfacing shall consist of compacted subgrade or original earth, upon which 4" of 3/4" clear stone Is placed. Proposals must 6 include the installation of spun-bonded filter fabric immediately on top of 3/4"washed stone in addition to 15" of engineered wood fiber; • Proposals must include all warranty coverage Information including both moving and non-moving components. Proposals must provide comparisons between full and limited/pro-rated warranties; • The maximum budget for the play equipment and installation is $50,000; • A maximum of three proposals/designs can be submitted per vendor; • Prices listed on each proposal must include all costs of the equipment, installation, F.O.B. destination freight prepaid charges, any vendor discounts and be exempt of Wisconsin Sales Tax; • Proposers should submit a certificate of Insurance meeting the attached City of Oshkosh insurance and bid bond requirements (NOTE- THE CITY HAS WAIVED THE PERFORMANCE BOND REQUIREMENTS FOR THIS PROJECT); • The successful proposer will be expected to enter into a contract with the City of Oshkosh for these services as per the attached Sample City of Oshkosh Contractor Agreement. Proposal and Project Schedule The following schedule provides anticipated dates for events and deadlines for this RFP and subsequent project work. Proposers will be asked to provide dates for equipment order and delivery, site prep specs, site prep completion, installation of equipment and final completion/acceptance by City. RFP Issued April 25, 2014 Proposals Due May 21, 2014 Advisory Park Board Review June 9, 2014 Anticipated Common Council Approval June 24, 2014 Anticipated Award Bid to Vendor June 25, 2014 III. Elements of Proposal Each proposal shall include two (2) copies. Elaborate proposals beyond that which is sufficient to present a complete and effective proposal are not necessary or desired. Each proposer shall print their submission on single-sided paper. Each technical proposal shall Include the following: 1. Proposal number and name 2. Company name, address, telephone and fax numbers 7 be made to the most qualified consultant whose price is fair and reasonable to the City. The scope of services defined In this RFP, the cost schedule supplied by the proposer, along with any subsequent scope addenda/amendments, will become the scope of the work for the proposer and summarized in a contract agreement between the City and the successful proposer. VI. Addenda / Questions Any questions to this RFP must be emailed to Jon Urben, General Services Manager (jurbenPci.oshkosh.wi.us) by Monday, May 12, 2014. Only interpretations or corrections of the RFP made in writing by the General Services Manager are binding. Proposers interested in receiving proposal addenda based on these interpretations or corrections shall provide an email address to the General Services Manager. VII. Protest Procedure Any proposer who wishes to protest the proposed award of a contract must submit a detailed statement in writing of the grounds for protest and any supporting documentation to the General Services Manager prior to the contract award. The appealing party must be an actual or prospective proposer whose direct economic interest would be affected by the award, or failure to aware the contract. Award of the contract will be suspended temporarily unless this action will cause undue harm to the City of Oshkosh. The General Services Manager shall issue a determination upon the protest and notify the protesting party. Minor errors In proposal procedures shall not be grounds for delaying or prohibiting approval of the contract. 9 3. Name, address, telephone number and email address of company contact for this RFP 4. General qualifications of your firm; S. A statement of your understanding of the project; 6. A statement of your work plan; 7. The anticipated time schedule for completing this project, indicating when tasks are expected to be done, and key milestones for receiving input or approval from the City or others; 8. Identification of project team members and their roles in this project, with resumes of key personnel (no more than 2 pages per person); 9. At least three (3) examples of previous experience with similar projects, including contacts for each of the projects. Project experience should emphasize public-sector projects. The same contact person may be used for more than one project. Each cost proposal shall include the company name and the total costs for the firm to perform the scope of services identified within this RFP. IV. Evaluation of Proposals The following criteria are listed in priority order and will be followed to evaluate the information submitted in each proposal: 1. Proposal-The extent to which the firm's proposal is concise, organized, complete, and demonstrates a thorough understanding of the proposed scope of work described in this RFP and is within the project budget. 2. Professional Competence- The extent to which the firm has demonstrated competence in performing similar work and/or the extent of former client/customer satisfaction. 3. Expertise- The extent to which the firm has personnel with the necessary experience and training to perform the work. 4. Creativity- The extent to which the firm's project experience and proposal show creative and innovative approaches to the proposed scope of work. The City may, at its discretion, require oral interviews or presentations of one or more proposers to assist in the evaluation process. V. Proposal Selection and Agreement The City will notify all proposers upon completion of the evaluation process. The City will begin negotiating with the most qualified (highest scoring responsive and responsible) consultant. If an agreement on price fails, negotiations with the next most qualified consultant will be conducted until a contract award can 8 CITY OF OSHKOSH INSURANCE REQUIREMENTS HERE (NOTE: THE CITY HAS WAIVED THE PERFORMANCE BOND REQUIREMENTS FOR THIS PROJECT) 10 7/16/12 CITY OF OSHKOSH INSURANCE REQUIREMENTS I. CONTRACTOR'S INSURANCE WITH 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 & PROPERTY 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. • I - 1 7/16/12 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. Property insurance Coveraqe(Builders Risk/Installation Floated to be provided by the contractor, if the exposure exists. 1. The"property" insurance amount must be at least equal to the bid amount, plus or minus any change orders. it must also include value of Engineering or Architect fees relating to the property. 2. Covered property will include property on the project work sites, property in transit, and property stored off the project work sites. 3. Coverage will be on a Replacement Cost basis. 4. The City of Oshkosh, City of Oshkosh Consultants, architects, architect consultants, engineers, engineer consultants, contractors, and subcontractors will be added as named insureds to the policy. 5. Coverage must be written on a "special perils" or "all risk" perils basis. Coverage to Include collapse, 6. Coverage must include coverage for Water Damage (including but not limited to flood, surface water, hydrostatic pressure)and Earth movement. 7. Coverage must be included for Testing and Start up. 8. if the exposure exists, coverage must include Boiler&Machinery coverage. 9. Coverage must include coverage for Engineers and Architects fees. 10. Coverage must include Building Ordinance or Law coverage with a limit of at least 5% of the contract amount. 11. The policy must cover/allow Partial Utilization by owner. 12. Coverage must include a "waiver of subrogation" against any named Insureds or additional insureds. 13. Contractor will be responsible for all deductibles and coinsurance penalties. G. 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. H. Also, see requirements under Section 3. I - 2 7/16/12 i. 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 ❑®®DIrating 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. 3. APPLICABLE TO CONTRACTORS/SUBCONTRACTORS/SUB-SUB CONTRACTORS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an ❑®IE ❑olrating 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 include Products—Completed Operations equivalent to ISO form CG 20 37 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. • 1 - 3 ACORD' CERTIFICATE OF LIABILITY INSURANCE I DATE(MMJDD/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 poilcy(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 InsuranceAgencycontact - NAME: Information,Including street PHONE insurance Agent's AX address and PO Box f! contact information. F applicable (NC.No.Ext): (A1C.No): EMAIL ADDRESS: • INSURER(S)AFFORDING COVERAGE NAic if • INSURER A: ABC Insurance Company NAIC# INSURED Insured's contact information, including name,address and INSURER B: XYZ insurance Company NAIC# phone number. INSURER C: LMN Insurance Company NAIC# INSURER D: Insurer(s)must have a minimum A.M.Rest rating of A. end a Financiai Performance Rating of Vi 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/OD/YYY) (MMIDD/YY`0 LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 El D�mD»m 0 h DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY ® ❑ I f PREMISES(Ea occurrence) $50,000 A LJ CLAIMS-MADE,®)OCCUR MED EXP(Any one person) $5,000 E ISO FORM CG 20 37 OR EQUIVALENT PERSONAL&ADV INJURY $1,000,000 ❑I GENERAL AGGREGATE $2,000,000 GEM.AGGREGATE LIMIT APPLIES PER: PRODUCTS—COMP/OP AGG $2,000,000 ❑POLICY El P8°-El LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $1,000,000 • ®ANY AUTO E ❑ Ohm® ID 4 BODILY INJURY(Per person) $ B ❑AUTOS OWNED ❑ SCHEDULED AUTOS BODILY INJURY(Per accident) $ El A -OWNED PROPERTY DAMAGE ❑HIRED AUTOS ❑ ❑ (Per accident) $ $ ®UMBRELLA LIAB ®OCCUR E ❑ EACH OCCURRENCE $2,000,000 A ❑EXCESS LAB ❑ CLAIMS-MADE I00®®ms,31 room "" AGGREGATE $2,000,000 ❑DEO ®RETENTION$10,000 $ C ZIR EM PLO ERS'L ABILITY ❑ ❑ ®TORYLIMITS❑ ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? Y!N 0�m®�I7 Dnenunnu,mmeunaauuuao,a,n E.L.EACH ACCIDENT $100,000 (Mandatory In NH) N ODD= I if yea,describe under El.DISEASE—EAEMPLOYEE $100,000 DESCRIPTION OF OPERATIONS below E,L.DISEASE—POLICY LIMIT $500,000 I ° 1 ° DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Additional insureds on all Liability Policies arising out of project work shall be City of Oshkosh,and its officers,council members,agents, employees and authorized volunteers. 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! 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 reserves ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD r . '' %°' CERTIFICATE OF PROPERTY INSURANCE DATE(MI.VDDp( ) 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. If this certificate is being prepared for a party who has an Insurable interest in the property,do not use this form. Use ACORD 27 or ACORD 28. PRODUCER - CONTACT insurance Agency confect NAME: Insurance A Information,Including street PHONE gent's AX address and PO Bosh` (Are.No.Ext): contact information. ,(AIC.No): applicable. E-MAIL . ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL Ii INSURER A: ABC Insurance Company NAIC if • INSURED Insured's contact information, INSURER B: XYZ Insurance Company 'NAIC it including name,address end phone number. INSURER C: _ INSURER D: insurer(s)must have a minimum A.M.Best rating of A- and a Financial Performance Rating of VI or better. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES/DESCRIPTION OF PROPERTY(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) 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 MAY 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 POLICY NUMBER POLICY EFFECTIVE POUCYEXPIRATION COVERED PROPERTY LIMITS LTR TYPE OF INSURANCE DATELMM/DD/YYY) DATE(MM/OD/YYY) ElEl PROPERTY 0 $ � BUILDING _.00000 - CAUSES OF LOSS DEDUCTIBLES I PERSONAL PROPERTY $ ®� A BASIC BUILDING 0 BUSINESS INCOME $ $ ° — BROAD CONTENTS EXTRA EXPENSE $ :'SPECIAL $ ^'� RENTAL RSONALLUE $ EFARTHQUAKE $ BLANKET BUILDING $ !!! ® WIND $ l D ®WLIIID 1° i BLANKETPERSPROP $ E FLOOD $ BLANKET BLDG&PP $ $ • $ $ $ 0 INLAND MARINE TYPE OF POLICY - H $CAUSES OF LOSS $0 NAMED PERILS POLICY NUMBER $ El $ ❑CRIME 0 IV $ TYPE OF POLICY $ • g ®BOILER&MACHINERY/ • $ EQUIPMENT BREAKDOWN DOlam➢SImmai a f l. $ .1-s SPECIAL CONDITIONS/OTHER COVERAGES(Attach ACORD 101,Additional Remarks Schedule,If mare space Is required) DMMIM00D000221=0I • CERTIFICATE HOLDER CANCELLATION City of Oshkosh,Attn:City Clerk Insurance Standard I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE THE EXDANCE TION DH THE POLICY THEREOF,NOTICE WILL BE DELIVERED IN PO Box 1130 Please Indicate somewhere on this Oshkosh,WI 54903-1130 certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. • ©1995-2009 ACORD CORPORATION. All rights reserves ACORD 24(2009/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ACC/R.04 ADDITIONAL REMARKS SCHEDULE Page 4 of 1 AGENCY I Nam•of Insurance Agency NAMED INSURED g Y + Name of Insured, Including address POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 24 FORM TITLE: CERTIFICATE OF PROPERTY INSURANCE 1. The "property" insurance amount is at least equal to the bid amount, plus or minus any change orders It also includes value of Engineering or Architect fees relating to the property. • 2. Covered property includes property on the project work sites, property in transit, and property stored off the project work sites. 3. Coverage is on a Replacement Cost basis. 4. The City of Oshkosh, City of Oshkosh Consultants, architects, architect consultants, engineers, enginee consultants, contractors, and subcontractors are added as named insureds to the policy. 5. Coverage is written on a "special perils"or"all risk"perils basis. Coverage includes collapse. 6. Coverage Includes coverage for Water Damage (including but not limited to flood, surface water, hydrostati pressure) and Earth movement. 7. Coverage is included for Testing and Start up. 8. If the exposure exists, coverage includes Boiler&Machinery coverage. 9. Coverage includes coverage for Engineers and Architects fees. 10. Coverage includes Building Ordinance or Law coverage with a limit of at least 5% of the contract amount. 11. The policy covers/allows Partial Utilization by owner. 12. Coverage includes a "waiver of subrogation"against any named insureds or additional Insureds. 13. Contractor is responsible for all deductibles and coinsurance penalties. Insurance Standard I SAMPLE CERTIFICATE Please Indicate somewhere on this certificate,the contract or project# this certificate is for. ACORD 101 (2008/01) • ©2008 ACORD CORPORATION. All rights reserve( The ACORD name and logo are registered marks of ACORD • CITY OF OSHKOSH SAMPLE CONTRACTOR AGREEMENT HERE 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 IL 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 PROPOSAL FORM MODULAR PLAYGROUND EQUIPMENT DESIGNS & INSTALLATION BAUMAN PARK CITY OF OSHKOSH Page 1 of 2 PROPOSAL DEADLINE IS 10:00 A.M., WEDNESDAY, MAY 21, 2014 From: (proposer's company name) We, the undersigned, propose to furnish all labor and materials to perform this work per the RFP. Bidders may submit up to three proposals: Proposal l Proposal II Proposal III One play structure for ages 5-12 (all materials & installation per RFP) TOTAL: $ $ $ Warranty coverage information for moving and non-moving components, and comparisons between full and limited/pro-rated warranties: Bid Bond: (as per attached insurance requirements any bid $25,000 or greater must include a bid bond in your RFP submittal) Order Equipment Date: Order Deliver Date: Site Prep Begin Date: Site Prep Completion Date: Installation Date: Completion/Acceptance by City Date: Addendum Acknowledgement We hereby acknowledge receipt of and have thoroughly examined the written Addenda(s) issued in association with this project. These Addenda are numbered through , inclusive. We further understand that failure to fully list the numbers of all published Addenda may cause the City to reject this proposal. Note: If no addenda were published for this projects write "N/A" in blanks above. 12 PROPOSAL FORM MODULAR PLAYGROUND EQUIPMENT DESIGNS & INSTALLATION BAUMAN PARK CITY OF OSHKOSH Page 2 of 2 Date Submitted: Name of Company: Submitted by: (name and title) Email address: Address of Company: Phone: 13 EXHIBIT B 6 PROPOSAL FORM MODULAR PLAYGROUND EQUIPMENT DESIGNS & INSTALLATION BAUMAN PARK CITY OF OSHKOSH Page 1 of 2 PROPOSAL DEADLINE 1S 10:00 A.M.,WEDNESDAY, MAY 21, 2014 From: LEE,- 14— T)Uh) proposer's company name) We, the undersigned, propose to furnish all labor and materials to perform this work per the RFP. Bidders may submit up to three proposals: Proposal I Proposal II Proposal I l l One play structure for ages 5-12 (all materials & installation per RFP) bd TOTAL: $50)WD $ , $ Warranty coverage Information for moving and non-moving corn onents, and comparisons between full and limited/pro-rated warranties: cu,u, 1,041:ZPJrn"t - o2r)D T Bid Bond: (as per attached insurance requirements any bid $25,000 or greater must include a bid bond In your RFP submittal) ' I Order Equipment Date: / / —°- I{may - `t' WEEKS L h Order Deliver Date: -a - f D i J - L06 L/J//-L. Site Prep Begin Date: �Y�— `10 Site Prep Completion Date: Installation Date: , 1l'?t°f.4" LielA.4r Completion/Acceptance by City Date: 60m Addendum Acknowledgement We hereby acknowledge receipt of and have thoroughly examined the written Addenda(s) Issu d in association with this project. These Addenda are numbered I through '1 ,, inclusive. We further understand that failure to fully list the numbers of all published Addenda may cause the City to reject this proposal. Note: If no addenda were published for this projects write "N/A" in blanks above. 12 PROPOSAL FORM MODULAR PLAYGROUND EQUIPMENT DESIGNS & INSTALLATION BAUMAN PARK CITY OF OSHKOSH Page 2 of 2 Date Submitted: Name of Company: LEE � E-1l TIOY? _ Submitted by: (name and title) VCRn E- ( ti- Dwn&?- Email address: Y e Y r-) ed.7170 I d e_,Om Address of Company: Sad a Ue L )rd 2A-h' )'.9r 1(0e Phone: g0O— 7S4 7 WI 5 3 3 13