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American Fence Company & Oshkosh 16-01
CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE,P.O.BOX 1130,OSHKOSH,WI 54903-1130 PHONE: (920)236-5065 FAX(920)236-5068 LETTER OF TRANSMITTAL To: Jeff Kaiser Date: April 20,2017 American Fence Company Subject: Executed Contract 948 Main Street Security Fence Installation Neenah,WI 54956 Contract 16-01 Please find: Z Attached ❑ Under Separate Cover ❑ Copy of Letter ❑ Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description I Executed Contract These are being transmitted as indicated below: ❑ For Approval Z For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is the executed contract for the security fence installation at the City borrow site. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. City Clerk's–Original cc: —File–Original Signed: TracyjTaylor 1:\Engineering\2016CONTRACrS\16-01 LibbeyWtrshed-N Main St Area Det Basin-Const\Project_lnformation\Contract We\Consultant agreements\Borrow Security Fence\16-01 Amer Fence LOT-Executed Contract_4-20-17.docx CONTRACT THIS CONTRACT, made on the of ► day of� jt CC ( 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter e rred to as CITY, and AMERICAN FENCE COMPANY, 948 Main Street, Neenah, WI 54956, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, enter into the following CONTRACT. The CITY's Request for Quotations is attached to this CONTRACT, along with the CONTRACTOR's work proposal. The terms of this CONTRACT and the CITY's Request for Quotations will prevail over the CONTRACTOR's Proposal if there are any inconsistencies between these documents. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONTRACTOR has assigned the primary individual identified below to manage the PROJECT described in this CONTRACT. Jeff Kaiser—Vice President/General Manager 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: John Ferris,P.E.—Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONTRACTOR shall provide the services described in the CITY's Request for Quotations. The CONTRACTOR may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the CITY. All reports, drawings, photographs, electronic data, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONTRACTOR as instruments of service shall remain the property of the CITY. 1:\Engineering\2016 CONTRACTS\16-01 Libbey Wtrshed-N Main St Area Det Basin- Page 1 Of 4 Const\ProjLct_nformation\Coras ondLnce Burrow Security Fene RFQ\ 16-01 Amer Fence ontract_ 1- 16-17.docs ARTICLE IV. CITY REPONSIBILITIES The CITY shall furnish, at the CONTRACTOR's request, such information as is needed by the CONTRACTOR to aid in the progress of the project,providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONTRACTOR's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. j ARTICLE V. TIME OF COMPLETION The work to be performed under this CONTRACT shall be commenced and the work completed within the time limits as agreed upon in the CITY's Request for Quotations. E ARTICLE VI. COMPONENT PARTS OF THE CONTRACT This CONTRACT consists of the following component parts, all of which are as fully a part of this CONTRACT as if herein set out verbatim,or if not attached, as if hereto attached: 1. This Instrument. 2. CITY's Request for Quotations dated December 20,2016 and attached hereto. 3. CONTRACTOR's Proposal dated December 29,2016 and attached hereto. In the event that any provision in any of the above component parts of this CONTRACT is in conflict with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE VII. PAYMENT A. Payment Amount. The CITY shall pay to the CONTRACTOR for the performance of the CONTRACT based upon the prices identified in the CONTRACTOR's Proposal, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The CONTRACTOR shall submit itemized statements for services. The CITY shall pay the CONTRACTOR within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONTRACTOR a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this CONTRACT executed by both parties prior to proceeding with the work covered under the subject amendment. 1:\Engineering\2016 CONTRACIS\16-01 Libbey Wtrshed-N Main St Area Det Basin- Page 2 Of 4 Const\Project_Information\Correspondence\Borrow Security Fence\RFQ\16-01 Amer Fence Contract_1- 16-17.docr ARTICLE VIII. HOLD 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/her agents or assigns, his/her employees, or his/her subcontractors related however remotely to the performance of this CONTRACT, or caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE IX. INSURANCE The CONTRACTOR agrees to abide by the attached City of Oshkosh Insurance Requirements. i ARTICLE X. TERMINATION (I This CONTRACT may be terminated for any reason by either party. The CITY may terminate this CONTRACT after giving the CONTRACTOR written notice at least seven (7) calendar days before termination. The CONTRACTOR may terminate this Contract after giving the CITY written notice at least forty-five (45) days before termination. The CONTRACTOR's obligations to hold harmless and indemnify the CITY, and to maintain insurance for actions related to this CONTRACT shall survive after the CONTRACT has been otherwise terminated. The CONTRACTOR shall be entitled to compensation for any satisfactory work performed up to the date of termination. This document and any specified attachments contain all terms and conditions of the CONTRACT and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this CONTRACT. E ARTICLE XI. SUSPENSION DELAY OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONTRACTOR for the convenience of CITY. In such event, CONTRACTOR's contract price and schedule shall be equitably adjusted. 1:\Engineering\2016 CONTRACTS\16-01 Libbey Wtrshed-N Main St Area Det Basin- Page 3 Of 4 Const\Project_Information\Correspondence\Borrow Security Fence\RFQ\16-01 Amer Fence Contract_1- 16-17.docs ARTICLE XII. NO THIRD-PARTY BENEFICIARIES This CONTRACT gives no rights or benefits to anyone other than CITY and CONTRACTOR and has no third-party beneficiaries. In the Presence of: CONTRACTOR Gwt By. LEE (Seal of CONTRA OR (Specify Tie) if a Corporation) By: (Specify Title) CITY OF OSHKOSH By: (Witness) Wrk A. Rohloff, City Manager And: (Witness) 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. A� A v y torney City Comptroller ttornev L\Engineering\2016 CONTRACTS\16-01 Libbey Wtrshed-N Main St Area Det Basin- Page 4 of 4 Comst\Project_lnformition\Corm,spondence\Borrow Security Fence\RFQ\16-01 Amer Fence Contract_1- 16-17.docx IFAA Cityy 1 Wf of Oshkosh December 20,2016 Ms.Amanda Malouf American Fence Company 948 Main Street Neenah,WI 54956 E-Mail: amandaa@americanfencewi.com RE: Request for Quotation for Security Fence Installation for the City of Oshkosh Dear Amanda, The City of Oshkosh is hereby requesting quotations to be submitted for the installation of security fence at a City borrow site located on the property north of 2445 North Main Street in Oshkosh,Wisconsin. The work will consist of the installation of approximately 2,000 linear feet of chain link security fence, and shall include one (1)removable,twelve foot(12')wide section to permit access to the site. Enclosed with this letter are copies of the Request for Quotations, the Proposal Form, the City of Oshkosh's Standard Contract,and the City of Oshkosh's Standard Insurance Requirements. The information contained in this letter and the enclosures shall become a part of the Contract with the Contractor selected to perform these services. Please submit one(1) copy of the completed Proposal Form by 10:00 a.m.,Friday,January 6,2017 to: Tracy Taylor City of Oshkosh Department of Public Works Engineering Division PO Box 1130 Oshkosh,WI 54903-1130 If you have any questions,please contact me at(920)236-5065 or via e-mail at jferris@ci.oshkosh.wi.us. Sincer y, P Fer is,P.E. ivil Engineering Supervisor TF/t1t Enclosures I:\Engineering\2016 CONTRAC7S\16-01 Libbey Wtrshed-N Main St Area Det Basin- Page 1 Of 1 Const\Project_Information\Correspondence\BorrowSecurityFence\RFQ\16-01 Amer Fence Cover Ltr_12-20-16.docx City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.Ci.oshkosh.wi.us CITY OF OSHKOSH REQUEST FOR QUOTATIONS FOR INSTALLATION OF A SECURITY FENCE AT CITY'S NORTH MAIN STREET BORROW SITE Work Summary The City of Oshkosh is soliciting Quotations for the immediate installation of a security fence at a City borrow site located on the property north of 2445 North Main Street in Oshkosh, Wisconsin. The chain link security fence to be installed is approximately 2,000 linear feet and shall include one (1) removable, twelve-foot (12') wide section to permit access (see enclosed figure). The Contractor is to provide all labor, equipment, and materials to complete the required work. The security fence will be removed, by others, in 18 to 24 months. To simplify the removal of the fence, the City does not want the fence posts secured in concrete. I Fence posts may be driven into the ground, or otherwise temporarily secured by an alternate City-approved method. Fence posts shall be installed no further than ten feet (10') apart. The fence shall have a bottom tension wire and a top tension wire, in lieu of a top rail. The Contractor shall provide all tension bars, tension bands, and tie wires. The City has salvaged chain link fence,from other locations,that total approximately 1,000 to 1,500 linear feet in length. The salvaged fence is five feet (5'), six feet (6'), and seven feet (7) in height. The City has also salvaged a number of fence posts. All of this material is expected to be used for this project. Existing fence material is available for inspection. Please contact John Ferris, Civil Engineering Supervisor, for access to inspect and inventory the existing fence at (920)236-5065. Contractor will be required to load and transport the existing fence materials to the site. The quote shall include per foot pricing for additional fencing material the Contractor has determined to be necessary to complete the enclosure of the borrow site. Any additional chain link fence shall be six feet (6')in height. The existing orange construction fence shall be salvaged by the Contractor, rolled up, and left on site in a neat pile. Fence posts shall also be salvaged and neatly stacked on site. Part of the salvaged construction fence shall be installed around the base of the large soil stockpile that is located west of the security fence. Salvaged posts shall be installed no further apart than ten feet (10'). The orange fencing material shall first be sandwiched between the fence posts and a wood lath, and then secured with an appropriate number of zip ties, or other City-approved method of securing the fencing material to the fence posts. 1:\Engineering\2016 CONTRACTS\16-01 Libbey Wtrshed-N Main St Area Det Basin- Page 1 Of 2 Const\Project_Information\Correspondence\Borrow Security Fence\RFQ\16-01 RFQ_12-20-16.docx Contractor must meet all City of Oshkosh insurance requirements and standard terms and conditions (enclosed). Quotations shall be submitted to Tracy Taylor, City of Oshkosh Department of Public Works, Engineering Division, PO Box 1130, Oshkosh, WI 54903-1130 by 10:00 a.m. on January 6, 2017. An envelope plainly marked, "Security Fence Installation — North Main Street Borrow Site", along with the bidder's name shall be submitted. All documentation will be submitted to the Department of Public Works at the address provided. Please contact John Ferris at (920)236-5065 or jferris@ci.oshkosh.wi.us with any questions. Time Requirements Installation of the Security Fence shall be completed within four (4) weeks of the execution of a contract. The successful Contractor shall sign and return the Contract and all required documentation within ten (10) business days of notification of acceptance. Quotes may be held by the City for thirty (30) days. Upon mutual agreement, the Contractor and the City may change the installation window for which the work will be completed. Requirements Before Invoices will be Paid The City will verify work completed and send the Contractor an itemized list of work needed to complete the project. Upon completion of the list, the Contractor shall submit an invoice for the cost shown on their Proposal Form. Public Records As a contractor for a governmental entity, certain records created that relate to work performed for the City may be subject to Wisconsin Open Records Statutes. The successful Contractor agrees to fully cooperate with all requests related to open records requests. Contract The Contractor will be required to enter into a contract with the City. All requirements found in this Request for Quotation will become legally binding terms. The City will also include in the Contract other provisions it deems to be necessary. A copy of the contract form to be used is enclosed. While some minor details may be negotiated, contractors should expect to sign a contract in materially the same form as the Contract provided. [:\Engineering\2016 CONTRACTS\16-01 Libbey Wtrshed-N Main St Area Det Basin- Page 2 Of 2 Const\Project_Information\Correspondence\Borrow Security Fence\RFQ\16-01 RFQ_12-20-16.docx �9ZE ..LTJ IVI rn w .r - ,�w 0my✓ Z > a s 715wow ASIA ✓ W � CV W W ti Emit in J LL Z O - O a J C f c U ispas � wUQ � r Z Z , a= NOW � .Via' { ZZ Wtoo 17: - , �+ ✓ c oLL 50 U3 � ✓ �_ N s� I ' U o X r - W LLMEOW Q Cp p V W c Vr W do go RAN011E a� ,✓ N ✓ v w � r U r Z `^';.. �' ,'✓ '�' ✓ , •' `. �. tea- "'="�"' .- '% „- _ '---".-.%✓.__. ,a- ray �-�-.:,,_r„✓ yV�"= Q .erre .c...-a.- .e i ...�' -' ,N✓ - .--�` ✓" O 157Z� C WUZ -IrR - . Y ✓t c ' QWO � U � r � > LL � Ur O ff ; W �- co CITY OF OSHKOSH ENGINEERING DIVISION NORTH MAIN STREET N FILE NAME: DRAWN: Y NEW CONSTRUCTION FENCE DIUMINAMg 6-28-2011 SECURITY FENCE PROJECT y T GRAPHIC _0 50 _° -I SCALE: (IN FEET) 1 INCH=100 FEET PROPOSAL FOR INSTALLATION OF A SECURITY FENCE AT CITY'S NORTH MAIN STREET BORROW SITE We, the undersigned, propose to carry out the assigned installation of the security fence and construction fence at the City's North Main Street borrow site for the following rates. Rates shall include all cost of labor, materials (line and corner posts, top rail, tension band, tension wire, tie wire, tension bar) not provided by the City, use of equipment, and any incidentals required to complete the work as specified. 1. Remove and salvage existing construction fence. Lump Sum E 2. Install security fence utilizing all material provided by the City. $ Lump Sum 3. Additional material needed to install fencing provided by the City. $ Lump Sum 4. Install security fence and gate utilizing new material provided by the CONTRACTOR. $ Per Linear Foot 5. Installation of salvaged construction fence around soil stockpile. $ Lump Sum Submitted by: Name of Company Name &Title of Person Submitting Quote Date 1:\Engineering\2016 CONTRACTS\16-01 Libbey Wtrshed-N Main St Area Det Basin- Page 1 of 1 Const\Project_Information\Correspondence\BorrowSecuri tyFence\RFQ\16-01 RFQ12-20-16.docx CONTRACT THIS CONTRACT, made on the day of 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and (Name & address), party of the second part,hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, enter into the following CONTRACT. The CITY's Request for Quotations is attached to this CONTRACT, along with the CONTRACTOR's work proposal. The terms of this CONTRACT and the CITY's Request for Quotations will prevail over the CONTRACTOR's Proposal if there are any inconsistencies between these documents. ARTICLE 1. PROTECT MANAGER A. Assignment of Project Manager. The CONTRACTOR has assigned the primary individual identified below to manage the PROJECT described in this CONTRACT. Name—Title k 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: John Ferris, P.E.—Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONTRACTOR shall provide the services described in the CITY's Request for Quotations. The CONTRACTOR may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the CITY. All reports, drawings, photographs, electronic data, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONTRACTOR as instruments of service shall remain the property of the CITY. 1:\Engineering\2016 CONTRACTS\16-01 Libbey Wtrshed-N Main St Area Det Basin- Page 1 Of 4 Const\Project_Information\Correspondence\B orrowSecurityFence\RFQ\Contract_i 2-20-16.docx ARTICLE IV. CITY REPONSIBILITIES The CITY shall furnish, at the CONTRACTOR's request, such information as is needed by the CONTRACTOR to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONTRACTOR's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this CONTRACT shall be commenced and the work completed within the time limits as agreed upon in the CITY's Request for Quotations. ARTICLE VI. COMPONENT PARTS OF THE AGREEMENT This CONTRACT consists of the following component parts, all of which are as fully a part of this CONTRACT as if herein set out verbatim, or if not attached, as if hereto attached: E E 1. This Instrument. 2. CITY's Request for Quotations dated and attached hereto. 3. CONTRACTOR's Proposal dated and attached hereto. In the event that any provision in any of the above component parts of this CONTRACT is in conflict with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE VII. PAYMENT A. Payment Amount. The CITY shall pay to the CONTRACTOR for the performance of the CONTRACT based upon the prices identified in the CONTRACTOR's Proposal, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The CONTRACTOR shall submit itemized statements for services. The CITY shall pay the CONTRACTOR within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONTRACTOR a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this CONTRACT executed by both parties prior to proceeding with the work covered under the subject amendment. I:\Engineering\2016 CONTRACTS\16-01 Libbey Wtrshed-N Main St Area Det Basin- Page 2 of 4 Const\Project—Information\Correspondence\BorrowSecurityFence\RFQ\Contract_12-20-16.docx ARTICLE VIII. HOLD 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/her agents or assigns, his/her employees, or his/her subcontractors related however remotely to the performance of this CONTRACT, or caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty(30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE IX. INSURANCE The CONTRACTOR agrees to abide by the attached City of Oshkosh Insurance Requirements. E' ARTICLE X. TERMINATION This CONTRACT may be terminated for any reason by either party. The CITY may terminate this CONTRACT after giving the CONTRACTOR written notice at least seven (7) calendar days before termination. The CONTRACTOR may terminate this Contract after giving the CITY written notice at least forty-five (45) days before termination. The CONTRACTOR's obligations to hold harmless and indemnify the CITY, and to maintain insurance for actions related to this CONTRACT shall survive after the CONTRACT has been otherwise terminated. The CONTRACTOR shall be entitled to compensation for any satisfactory work performed up to the date of termination. This document and any specified attachments contain all terms and conditions of the CONTRACT and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this CONTRACT. ARTICLE XI. SUSPENSION DELAY OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. I:\Engineering\2016 CONTRACTS\16-01 Libbey Wtrshed-N Main St Area Det Basin- Page 3 Of 4 Const\Project_Information\Correspondence\BorrowSecurityFence\RFQ\Contract_12-20-16.docx ARTICLE XII. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONTRACTOR By: (Seal of CONTRACTOR (Specify Title) if a Corporation) By: (Specify Title) E f. CITY OF OSHKOSH By: (Witness) Mark A.Rohloff, City Manager And: (Witness) 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 Attorney City Comptroller I:\Engineering\2016 CONTRACM16-01 Libbey Wtrshed-N Main St Area Det Basin- Page 4 Of 4 Const\Project_information\Correspondence\BorrowSecurityFence\RFQ\Contract_12-20-16.docx 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS V. STREET/ SIDEWALK OBSTRUCTION / SIDEWALK LAYERS / CURB CUT CONTRACTORS / WORK IN RIGHT-OF-WAY LICENSES INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. I I 1. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $500,000 each occurrence limit (2) $500,000 personal liability and advertising injury (3) $500,000 general aggregate (4) $500,000 products—completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations for 2 years after acceptance of completed work (6) The general aggregate must apply separately to this proiect/location 2. BUSINESS AUTOMOBILE COVERAGE— If this exposure shall exist: A. $500,000 Combined Single Limit for Bodily Injury and Property Damage each accident. B. Must cover liability for Symbol #1 - "Any Auto" — including Owned, Non-Owned and Hired Automobile Liability. 3. WORKERS COMPENSATION AND EMPLOYERS LIABILITY — "if' required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease—Each Employee V- 1 4/14/14 4. BUILDER'S RISK / INSTALLATION FLOATER / CONTRACTOR'S EQUIPMENT OR PROPERTY The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. 5. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk —City of Oshkosh. V - 2 DATE(MM/DD/YYY) 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 Insurance Agency contact NAME: Information,Including street PHONE Insurance Agent's FAX address and PO Box If A1C.No.Ext): contact information. A1C.No): applicable. E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A: ABC Insurance Company NAIC# INSURED Insured's contact Information, INSURER B: XYZ Insurance Company NAIC# Including name,address and phone number. INSURER C: LMN Insurance Company NAIC# INSURER D: Insurers)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: 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 MMIDD/Y MM/DD/Y LIMITS GENERAL LIABILITY . EACH OCCURRENCE $500,000 General Liability Polic Number Policy effective and expiratbn date. DAMAGE TO RENTED ®COMMERCIAL GENERAL LIABILITY ® ❑ �� PREMISES(Ea occurrence) $50,000 I A ❑jCLAIMS-MADE OCCUR MED EXP(Any one person) $5,000 ® ISO FORM CG 20 37 OR EQUIVALENT PERSONAL&ADV INJURY $500,000 GENERAL AGGREGATE $500,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS—COMP/OP AGG $500,000 ❑POLICY _ ECT PRO- -:]] LOC I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $500,000 I ®ANY AUTO ® ❑ I Auto Liability Policy Number I JPolicy elective and expiratbn date. BODILY INJURY(Per person) $ B ■ALL OWNED ❑ SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) HIREDAUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ ❑ $ ❑UMBRELLA LIAB ■OCCUR ❑ EACH OCCURRENCE $ EXCESS LIAB ❑ CLAIMS-MADE AGGREGATE $ _ ❑DED ❑RETENTION$ $ C WORKERS COMPENSATION TH- AND EMPLOYERS'LIABILITY El EJ J1 LI ITS OER ANY PROPRIETOR/PARTNER/EXECUTIVE I OFFICE/MEMBER EXCLUDED? Y/N Workers Compensa 1pozicy effective and expiration date./ E.L.EACH ACCIDENT $100,000 (Mandatory in NH) N Number If yes,describe under E.L.DISEASE—EA EMPLOYEE $100,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE—POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I 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 V SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church AvenueSAMPLE 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 Organ izations : Locations 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. 4 I A. Section 11 — 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- = organizations) 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 i 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 V SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. f CG 20 10 07 04 © ISO Properties, Inc.,2004 Page 1 of 1 RECEIVED ,IAN 201i PROPOSAL DLI).1.01f)UBLIC WORKS FOR INSTALLATION OF A SECURITY FENCIPSHKOSH, WISCONSIN AT CITY'S NORTH MAIN STREET BORROW SITE I AM We, the undersigned, propose to carry out the assigned installation of the security fence and construction fence at the City's North Main Street borrow site for the following rates. Rates shall include all cost of labor, materials (line and corner posts, top rail, tension band, tension wire, tie wire, tension bar) not provided by the City, use of equipment, and any incidentals required to complete the work as specified. 1. Remove and salvage existing construction fence. o $ Lump Sum 2. Install security fence utilizing all material provided by the City. $ `Y Lump Sum I ! 3. Additional material needed to install fencing provided by the City. $ Lump Sum 4. Install security fence and gate utilizing new material provided by the CONTRACTOR. $ 12" $y Per Linear Foot E 5. Installation of salvaged construction fence around soil p o stockpile. $ 700. Lump Sum E k Submitted by: i €E I � �/1��'!2 I Chi✓ �it/C� Name of Company € vp/G w, N e of Person Submitting Quote Date [:\Engineering\2016 CONTRACTS\16-01 Libbey Wtrshed-N Main St Area Det Basin- Page 1 Of 1 Const\Project_Information\Correspondence\Borrow Security Fence\RFQ\16-01 RFQ_12-20-16.docx t i 7 ® DATE(MM/DDNYYY) ACC>R" CERTIFICATE OF LIABILITY INSURANCE 01/20/2017 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 CONNAMT Andrew Strathman Andrew Strathman PONE Et). (608)643-3413 FAX Po Box 26 -_ E-MAIL Andrew.Strathman@amfam.com Sauk City,WI 53583 RECEIVED (608)643-3413(401/027) -' INSURERS AFFORDING COVERAGE NAIC N INSURERA:American Family Mutual Insurance Company 19275 INSURED5@ 201 INSURER 8: Tschudy Corporation JAN 6d INSURER C: DBA American Fence Company IC WO-RT",S INSURER D: 3210 Mecca Dr DEPT OF ��WISCONSIN INSURER E: Plover,WI 54467 OSHKOSH, INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: E 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDIYYYY MMIDD/YYYY LIMITS AUTOMOBILE LIABILITY BODILY INJURY(Per person) $ 1 0wOw Q ANY AUTO BODILY INJURY(Per accident) $ 1,000,000 ... E]ALL OWNED r-1SCHEDULEDY 48-X66647-04 01/01/2017 01/01/2018 PROPERTY DAMAGE $ 1 QOQQQO A AUTOS AUTOS daot� ❑HIRED AUTOS ❑ OS NON-OWNED WNED BODILY INJURY $ i El ❑ $ ❑x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2.000.000 ❑ ❑CLAIMS-MADE ❑X OCCUR PREMISESO(Ea occurrence) $ 10 ' W ❑ MED EXP(Any one person) $ 10,000 A ❑ Y 48-X66647-02 01/01/2017 01/01/2018 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,0W ❑POLICY ❑x PROJECT ❑ LOC $ ❑OTHER UMBRELLA LIAB F] OCCUR EACH OCCURRENCE $ A En] EXCESS LIAB ❑ CLAIMS-MADE Y 48-X66647-32 01/01/2017 01/01/2018 AGGREGATE $ ❑ DED ❑x RETENTION$10,000 $ 10'000'000 WORKERS COMPENSATION 0 PER ❑OTHER AND EMPLOYERS'LIABILITY Y/N A UTE ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 5w,ow A OFFICER/MEMBER EXCLUDED? NIA 48-XV2125-90 01/01/2017 01/01/2018 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 ll yes,describe under E.L.DISEASE-POU CY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers named as additional insureds on auto liability, GCL, and excess liability policy. 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. CERTIFICATE HOLDER CANCELLATION City of Oshkosh, Attn: City Clerk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh, WI 54903-1130 AUTHORIZED REPRESENTATIVE Brittany Vanover @1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD RECEIVED THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES APR 17 2017 DEPT OF PUBLIC WORKS POLICY NUMBER EFFECTIVE DATE ADD'L PREMIUM RETURN PREMIUM OQ I�GI�} HRt 9�ONI QIN 48-X66647-02 03-09-2017 ISSUED TO THE TSCHUDY CORPORATION PREMIUM,IF ANY, TO BE ADJUSTED DBA AMERICAN FENCE COMPANY OF STEVENS THROUGH CUSTOMER BILLING ACCOUNT POINTDBA AMERICAN FENCE COMPANY OF STEVENS POINT AGENT 095 012 CUSTOMER BILLING ACCOUNT 013-474-307 99 ANDREW STRATHMAN AGENT PHONE 608-643-3413 BAB The following item(s): ❑X Additional Interested Parties F] Classification/Class Codes Covered Property/Location Description Coverage Forms and Endorsements Insured's Name F Deductibles Insured's Mailing Address Limits/Exposures 8 Insured's Legal Status/Business of Insured Premium Determination Underlying Insurance 8 Rates Policy Number i is (are)changed as follows: COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATION: I ENDORSEMENT CG 20 10 07 04 ADDITIONAL INSURED-OWNERS LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION IS CHANGED TO ADD: City of Oshkosh and its officers council members agents employees and authorized volunteers ENDORESEMENT CG 20 37 07 04 ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS IS CHANGED TO ADD: City of Oshkosh and its officers council members agents employees and authorized volunteers LOCATION OF COVERED OPERATIONS OSHKOSH BORROW SITE 2445 NORTH MAIN STREET OSHKOSH WI 54901 INSTALL CHAIN LINK FENCE 1/1/17 TO 1/1/18 All other terms remain unchanged. Page 1 of 1 AMERICAN FAMILY MUTUAL INSURANCE COMPANY MADISON,WISCONSIN AUTHORIZED REPRESENTATIVE C � COUNTERSIGNED cccJJJ 11 �— PnEen1 Seuelary IL 75 37 09 09 Stock No.18020