HomeMy WebLinkAboutAutomotive Service LLC towing services OPD 2014 CONTRACTOR AGREEMENT- TOWING SERVICES
FOR THE CITY OF OSHKOSH POLICE DEPARTMENT
THIS AGREEMENT, made on the 24T" OF APRIL 2014, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and EXPERT
AUTOMOTIVE SERVICE LLC,910 W MURDOCK AVE, OSHKOSH WI 54901 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:
(PAUL LONNING, ACCOUNTS MANAGER EXPERT AUTOMOTIVE SERVICES
LLC)
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:
(CAPTAIN KURT SCHOENI, OSHKOSH POLICE DEPARTMENT)
ARTICLE III. SCOPE OF WORK
The Contractor shall provide services described in the CITY'S Specifications dated
MARCH 20, 2014, referred to as the "Invitation for Quote" for TOWING SERVICE FOR
THE CITY OF OSHKOSH POLICE DEPARTMENT (TH/S ATTACHED AS EXH/B/T Al
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and the Contractor's bid proposal form dated MARCH 21, 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 for three (3) years
commencing on MAY 1, 2014. The City and Oshkosh Fire and Police may renew this
agreement for two (2) addition one (1 ) year time periods. The funding for this service
is contingent on federal, state and local funding sources.
ARTICLE VI. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
PER PRICING OF ATTACHED QUOTATION, 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.
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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 MARCH 20, 2014, referred to as the "Invitation for Bid"
for TOWING SERVICE FOR THE CITY OF OSHKOSH POLICE DEPARTMENT dated
MARCH 20, 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 manne� 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.
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In the Presence of: CONTRACTOR /CONSULTANT
�
By:
a��v��,� 5 Ma��-y��
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
� ; _/� gy; �,����______ �,�-l.�/1��-�,
� ^ ' c�i" Ma•k A. Rohloff, City Manager
(Witness)
,,
�.- �
� �:2;G'� And: ���� l � �'�
itness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary
provisions have been made to
pay the liability which will accrue
under this contract.
City A ey
�I�i1l,c <�j«-t J('�'1
City Comptroller
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EXHIBIT A
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City of Oshkosh, Wisconsin
Request for Quotation
For
TOWING SERVICE FOR
THE CITY OF OSHKOSH POLICE DEPARTMENT
MARCH 20, 2014
City of Oshkosh
P.O. Box 1130
Oshkosh, Wisconsin 54903-1130
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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.
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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: T'his 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 subj ect 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 bidlproposal 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
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desire to purchase a product or products,then all prices shall exclude any Federal Excise T�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 proj ect 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.
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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:TOWING SERVICE
FOR THE CITY OF OSHKOSH POLICE DEPARTMENT by the deadline of: 10:00
AM, THURSDAY APRIL 3, 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 ofthe 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: `�TOWING SERVICE
FOR OPD" 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 thiriy-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
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and/or performance bond as required of the project and as noted in the City of Oshkosh
Insurance Requirements.
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: jurbennae,ci.oshkosh.wi.us or telephone
(920) 236-5100.
Mark A Rohloff
: City Manager
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CITY OF OSHKOSH
REQUEST FOR QUOTATION: TOWING SERVICES
SCOPE OF WORK
The City of Oshkosh requests quotations from qualified Contractors for towing services to
comply with City of Oshkosh Towing Ordinance 27-18, for towing police vehicles as well as for
impounding vehicles; and any other towing service calls as requested by the Oshkosh Police
Department. NOTE: This quotation is not associated with the Oshkosh Police Department's
rotational call list for towing services.
I. TERM OF AGREEMENT
l. The initial term of this agreement shall be for three (3) year(s) anticipated to be April
2014 to Apri12016.
2. Upon mutual agreement, the City and the Contractor may renew this agreement for two
(2)additional one(1)year time periods. If it is mutually decided to renew beyond the initial
period and the Contractor requests a price increase, the Contractor shall provide sufficient
written certification and documentation to substantiate the request. Documentation shall
include,but not be limited to;actual materials invoices,copies of commercial price lists,etc.,
which reflect said increases.
3.The City of Oshkosh reserves the right to accept or reject such price increases,to negotiate
more favorable terms or to allow the agreement to terminate without additional cost.
II. EVALUATION OF QUOTATIONS
1. An evaluation team comprised of Purchasing and Police department staff will evaluate
the quotations. Financial terms will not be the sole determining factor in this award. Other
criteria listed within these specifications will be considered,as well as any other factors that
the evaluation team determines may affect the suitability of the quotation for the City of
Oshkosh requirements.
2. Contractor's submission of a quotation constitutes their acceptance of the evaluation
technique and their recognition and acceptance that the evaluators will use subjective
judgment.
III. GENERAL REQUIREMENTS AND SPECIFICATIONS
1. Contractor's towing service place of business must be located within the city limits,in a
properly zoned area, and shall comply with all zoning ordinance requirements.
2. Contractor must have valid License Contract (L.C.) permits issued by the state
transportation commission covering all towing services requested.
3. Contractor shall provide twenty-four(24)hour emergency service with company owned
and operated trucks. Contractor must accept all emergency calls seven(7) days a week.
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4. Contractor's towing vehicles must be properly licensed and operated by personnel at least
eighteen(18)years of age who are properly licensed to operate tow trucks.
5. Contractor will include routine clean-up of debris/spills within their rates. Hazardous
chemical or biological spills are not the responsibility of Contractor.
IV. INSURANCE AND SAMPLE CONTRACT AGREEMENT
1. Insurance Requirements— See attachment A—Also required is a copy of your
GarageKeepers Liability Insurance. This insurance protects the City's vehicle(s) while
the contractor is keeping it at a covered location to perform vehicle service or, alternately,
are parking or storing a given vehicle.
2. Sample of Contractor Agreement— See attachment B
Attachment B is a sample contractor agreement that the successful bidder will be expected to
sign upon award of this project. Bidders do NOT need to submit this agreement when
submitting their bid form Contractor must meet and submit all attached City of Oshkosh
insurance requirements.
V. EQUIPMENT STANDARDS FOR CONTRACTOR
1. Contractor shall have a minimum of two (2)tow trucks owned, or leased, and licensed
and operated by the company.
2. Tow truck with a manufacturer rated gross vehicle weight rating of ten thousand(10,000)
pounds or more, dual wheel chassis.
3. Wrecker boom and winch rated at four(4) tons or more.
Cable shall be free of breaks a.nd not repaired.
4. Equipment included two-way radio or telephone communication, broom, shovel,
motorcycle belt, one (1) snatch block per vehicle, steering wheel holder, oil dry and other
necessary equipment. Citizens band radios are excluded.
5. Tow trucks owned, leased, and operated by towing services must be equipped with a
wheel lift capacity.
6. Tow trucks for vehicles equipped with air brakes shall also have air brakes and air
connections for the air system.
7. All vehicles used for towing shall meet minimum UD DOT requirements as defined
under 49 CFR Federal Motor Carrier Safety Regulations (FMCSRs). All vehicles used for
towing shall be inspected annually by the Oshkosh Police Department.
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CITY OF OSHKOSH
REQUEST FOR QUOTATION: TOWING SERVICES
QUOTATION SUBMITTAL FORM
CHARGES FOR SERVICES Mon-Fri Mon-Fri Weekends &
7am-7pm 7pm-7am Holidays
1. Street Tow $ $ $
2. Off-the-road Tow $ $ $
3. Winching (when approved by OPD) $ $ $
SPECIAL EQUIPMENT CHARGES
Please specify charges for the cost of any special equipment used in towing services(not included in
Charges for Services 1-3 above). If no special equipment is priced or noted below, charges for
special equipment by the towing service will not be accepted. NOTE: If no charges will be assessed
for special equipment,please indicate "No Charge"below.
Equipment Charge Equipment Charge
$ $
$ $
$ $
OTHER CHARGES
Cost per mile of hauling impounded vehicle from outside the City of Oshkosh$ /mile.
NOTE: If no charges will be assessed for this hauling,please indicate "No Charge" in the line.
Contractor Print Name and Title
Address Signature
City State ZIP Date
Phone Fa.x
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ATTACHMENT A
INSURANCE REQUIREMENTS
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7/16/12
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 rima
coveraae 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 Liabilitv 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 Liabilitv 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 Liabilitv 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.
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E. Aircraft Liabilitv, "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 Propertv - 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. Pavment 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. Acceptabilitv of Bondinq Companv. 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.
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3. APPLICABLE TO CONTRACTORS/SUBCONTRACTORS/SUB-SUB CONTRACTORS
A. Acceptabilitv 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 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.
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DATE(MM/DDKYY)
"�°` CERTIFICATE OF LIABILITY INSURANCE
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
Insuianee Agency contact NAME:
information,including street PHONE Insurance AgenPs 'FAX
tontact in/ormation, j
address and PO Box i/ (A/C.No.Ext�: ��A/C.No):
applicab/e. . E-MAIL
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
iNSUReRa: ABC Insurance Company NAIC#
�INSURED Insured'scontactinformation,
including name,address and INSURER B: XYZ I11SUf2f1C2 COft1 8f1� NAIC#
phonenumber. INSURERC: LMN If15Uf8f1C8 COfll any NAIC#
INSURER D: Insurei(sJ must have a minimum A.M.Best iaiing otA-
and a Financia/PeAormance 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 ADDL SUBR� POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE I INSR WVD ' POLICY NUMBER I MM/DD/YYY MM/DD/YYY LIMITS
�GENERAL LIABILITY I �
EACH OCCURRENCE $'I,OOO,OOO
Poli effedive and ex vation date. DAMAGE TO RENTED
Genera/Uabilit Poli Number �Y P�
��'�COMMERCIAL GENERAL LIABILITY � ❑ y � � PREMISES(Ea occunence) $SO,OOO _ _ �
A ❑�ICLAIMS-MADE�OCCUR MEDEXP(Anyoneperson) $5,00� _
� ISO FORM CG 20 37 OR EQUIVALENT � PERSONAL&ADV INJURY $1,000,000
GENERALAGGREGATE $2,000,000
GEN'LAGGREGATELIMI(T�APPLIESPER: i PRODUCTS—COMP/OPAGG S2,OOO,OOO
�IPOUCY�PE�IuILOC �
i $
AU70MOBILE LIABILITY � � i COMBINED SINGLE LIMIT
I Eaaccident $1,000,000
�i ANY AUTO I � � quto liability Po/icy Number I Policy elfective and expiration date. BODILY INJURY(Per person) $
B ❑AUTOS NED � AUTOSULED BODILY INJURY(Per accident) $
�HIRED AUTOS � NON-OWNED PROPERTY DAMAGE
AUTOS I (Peracddenq $
❑ ❑ ; j $
�IUMBRELLALIAB I�jOCCUR � � i � EACHOCCURRENCE $2,000,000
A �'EXCESSLIAB � CLAIMS-MADE UmbrellaLiabilityPolicyNumber� Policyeffectiveandexpirationdate. qGGREGATE $2,0��,���
i
�DED I��RETENTION$10,000 j I I $
C AND EMPLO ERS'LIABILOITY � � I �4 ORY LIMITS I� �ER
ANY PROPRIETOR/PARTNER/EXECUTIVE �
OFFICE/MEMBER EXCLUDED? Y/N Workers Compensation Policy i Policy eflective and expiration date. E.L EACH ACCIDENT _ $100,000
(Mandatory in NH) N Number i
If yes,describe under I E.L.DISEASE—EA EMPLOYEE $1 00,�0�
DESCRIPTION OF OPERATIONS below
E.L.DISEASE—POLICYLIMIT $SOO,OOO
I ❑ ( ❑
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 701,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 Clefk Insurance Standard II SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
2�e church A�enue SAMPLE CERTIFICATE THE EXPIRATION DATE,THEREOF,NOTICE WILL BE DELIVERED IN
PO BOX 1130 ACCORDANCE WITH THE POLICY PROVISIONS.
Oshkosh,WI 54903-1130 P�ease indicate somewhere on this
certificate,the contract or project# AUTHORIZED REPRESENTATNE
this certificate is for.
O 1988-2010 ACORD CORPORATION. Ali rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
ATTACHMENT B
SAMPLE OF CONTRACT
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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 ExhibitA, 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 orwith this agreement, the CITY'S Bid
Specifications and the provisions in this agreement shall govern.
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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
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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:
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(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 Compfiroller
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EXHIBIT B
6
Mar, 20. 2Q14 9:24AM City of Oshkosh No. 1552 N, 10
CYT'Y O�'OSAT�OS�
�tEQUEST Fp].t QUOTATION: TO'wING�E�2VICES
Q'CJOTATr4N SY7BMITTA�.F4RM
CHARGES FOR SERVICES Mon-Fxi Mon-Fri 'W'eekcnds&
7am-7pm 7pm-7am Halidays
1. Street Tow $�y.� $ y`I°b $ y`i .O�
2, 0£�the-road Tow $ y�I � ��� $ ��`°�
3. Winching(when approved by OPD) $��� $ J`���� ��
SPECrAL EQU�PMENT C�A.RGES
Please specify charges for the cost c,f any specxal equipmenf used i�tawin�seivices(nnt included i�
Charges for Seivices 1-3 above). Tf no special equipment is priced or noted below, char�es for
special equipm�ent b�the tovving service will not be accepted. NOTE: �fno charges.will be assessed
far special equipment,please indicate"N'o Charge"belo'w.
Equipment Charge Equipment Charge
SKA t�s/I�o i�G� �A-�Ics $���D $
txl�auk �Un l ae.k�n�� �a.�� $
$ $
OTT�ER CHA�tCES
Cost per mile of hauling impounded�ehicle from outside the City of Oshkosh$ �-��lmTle.
N�TE: If no charg�s�vi11 be assessed for this hauIing,please indica.te`�o Charge"in the line,
E�{ �nbtiv�e S�%��S LLC ��� �onnin� �}� V1��dw¢yer
Contractor Print Name and Title
�(0 I.J rvt vrdoc,lC �}v� �a,,,�.Q
Address Signature
�Shko�� c�r1� �90� ��.- c�1 � v�o-/i/
City State ZIP Date - -
Rao- a3o-ar3a� _q��-_�3°��-�36� - -
1'hone Fa�
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