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HomeMy WebLinkAboutUrban Design Ventures Analysis of Impediments to Fair Housing 2019 PROFESSIONAL SERVICE AGREEMENT THIS AGREEMENT is MADE THIS t day of / ' , 2019 by and between the CITY OF OSHKOSH, a Wisconsin municipal corpjration, 215 Church Avenue, Oshkosh, Wisconsin 54901, herein referred to as "CITY", and URBAN DESIGN VENTURES, LLC, 212 East Seventh Avenue, Homestead, PA 15120, herein referred to as "CONSULTANT", WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, agree as follows: I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this contract: Walter J. Haglund President 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. II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the project described in this Agreement: Darlene Brandt, Grants Coordinator III. SCOPE OF SERVICES- CONSULTANT'S RESPONSIBILITIES The CONSULTANT shall provide the services described in the CITY's Request for Proposals and Proposal of the CONSULTANT. The CONSULTANT's proposal is attached as Exhibit A, and is incorporated into this agreement to the extent it does not conflict with the CITY's Request for Proposals, or this agreement. If anything in the Proposal conflicts with the Request for Proposals or this Agreement, the provisions in the Request for Proposals and this Agreement shall govern. Additionally, this project is governed by HUD and therefore all relevant HUD rules and regulations shall have priority over any conflicting or inconsistent term within CONSULTANT's Proposal. The CONSULTANT shall provide the services described in its proposal attached hereto and incorporated herein by reference. The CONSULTANT may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the CITY. All records created under this Agreement shall be retained for seven (7) years after all pending matters relative to this Agreement are closed.Alternatively,the CONSULTANT may provide the CITY with complete and accurate copies of all records related to this Agreement, along with an Affidavit signed under oath verifying that all records have been transferred to the CITY.The CONSULTANT shall provide the CITY with at least 30 days advance written notice before records are destroyed and allow the CITY a reasonable opportunity to take possession of these records. The CONSULTANT agrees to provide access to the CITY,the US Department of Housing and Urban Development(HUD), the Comptroller General of the United States, or any of their duly authorized representatives to any books,documents,papers and records which are directly pertinent to this Agreement for the purposes of making audit, examination, excerpts and transcriptions. The CITY as a governmental body is subject to applicable open records statutes. Public records laws may apply in some circumstances to certain records created and retained by the CITY's CONSULTANT. The CONSULTANT agrees to fully cooperate with the CITY related to open records requests related to this Agreement. IV. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request,such information as is needed by the CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from CITY records. To prevent any unreasonable delay in the CONSULTANT's work the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. 2 V. TIME OF COMPLETION All Work to be performed under this Agreement shall be completed on or before November 29, 2019 unless the parties agree in writing to extend this date. VI. PAYMENT FOR SERVICES A. Contract Amount The CITY shall pay to the CONSULTANT for the performance of this Agreement, the total sum of $24,750.00 to prepare an Analysis of Impediments to Fair Housing Choice for the City of Oshkosh,adjusted by any changes as provided in the proposal, or any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method Of Payment The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT 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 CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. VII. STANDARD PROVISIONS A. The CONSULTANT agrees in all hiring or employment made possible by or resulting from this Agreement, there(1)will not be any discrimination against any employee or applicant for employment because of race, color, sex orientation, religion, sex or national origin; and (2) affirmative action will be taken to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex orientation, sex or national origin. 3 This requirement shall apply to,but not be limited to the following:employment, upgrading, demotion or transfer,recruitment or recruitment advertising,lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. There shall be posted, in conspicuous places available to employees and applicants for employment, notices required or to be provided by Federal or State agencies involved setting forth the provisions of the clause. All solicitations or advertisements for employees shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex orientation, sex or national origin. B. The CONSULTANT will make a good faith effort to use minority and women- owned businesses in procurement of supplies,and upon request of the CITY,must provide satisfactory evidence of such effort. Additionally, the CONSULTANT agrees to provide the CITY with the name(s)and contract amount(s)of all minority and women-owned businesses awarded contracts on the project. C. Any discovery or invention arising out of or developed in the course of work aided by this Agreement shall be promptly and fully reported to the appropriate Federal agency involved for determination by it as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery, including rights under any patent issued thereupon, shall be disposed of and administered, in order to protect the public interest. D. The CONSULTANT agrees to comply with all applicable standards, orders, or requirements issued under: (1) Clean Air Act, 42 U.S.C., 7401 et seq. (2) Federal Water Pollution Control Act,as amended,33 U.S.C.1251,et seq.,as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 14 and Section 308, and all regulations and guidelines issued there under. (3) Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as amended. E. The CONSULTANT agrees to comply with mandatory standards and policies relating to energy efficiency,which are contained in the State Energy Conservation Plan. 4 F. No officer, employee or agent of the CITY who exercises any functions or responsibilities in the review or approval,or the carrying out of responsibilities,to which this Agreement pertains,shall have any personal interest,direct or indirect, in this Agreement. G. Incorporated by reference herein are OMB Circulars A-21, A-122 or A-133 as applicable, and 2 CFR Part 200. VIII. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the CITY 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 CONSULTANT, 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 ad- judged 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. IX. INSURANCE The CONSULTANT shall provide insurance for this project that includes the CITY as an additional insured. The specific coverage required for this project are identified in Exhibit B. X. SUSPENSION AND TERMINATION A. When the CONSULTANT has failed to comply with the terms, conditions or standards of this Agreement or applicable HUD regulations, the CITY may, on reasonable notice to the CONSULTANT, suspend the Agreement and withhold further payments or prohibit the CONSULTANT from incurring additional obligations of funds, pending corrective action by subrecipient, or a decision to terminate in accordance with paragraph B below. 5 B. This Agreement may be terminated for cause or convenience. (1) TERMINATION FOR CAUSE: The CITY may terminate this Agreement in whole or in part at any time before the date of completion, whenever it is determined that the CONSULTANT has failed to comply with the conditions of this Agreement. The CITY shall promptly notify the CONSULTANT in writing of the determination and the reasons for the termination, together with the effective date. Payments made to the CONSULTANT or recoveries by the CITY in the event this Agreement is terminated for cause, shall be in accordance with the legal rights and liabilities of the parties. In the event there is probable cause to believe the CONSULTANT is in noncompliance with any applicable rules or regulations, the CITY may withhold up to fifteen (15) percent of funds subject to this Agreement until such time the CONSULTANT is found to be in compliance by the CITY, or otherwise adjudicated to be in compliance. Payments made pursuant to the terms of this Agreement shall not prevent the CITY's ability to demand the return or reimbursement of funds paid pursuant to any available legal theory. (2) FOR CONVENIENCE: The CITY may terminate this Agreement at any time by giving written notice to the CONSULTANT no later than 10 calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. [SIGNATURES ON FOLLOWING PAGE] 6 ::i Walter I. Haglund, President By Karl M. Haglund, Vice President CITY OF OSHKOSH, a municipal corporation By: rk A. Rohloff, Ci M ager And: 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. h City or y Oshkosh Comptroller 7 • hibitA PROPOSA TO PREPARE AN ANALYSIS OF t'-i%fir IMPEDIMENTS TO FAIR HOUSING CHOICE (Al) Oshkosh FOR THE CITY OF OSHKOSH, WISCONSIN Est 1853 I. TITLE PAGE FIRM: Urban Design Ventures, LLC ADDRESS: 212 East Seventh Avenue Homestead, PA 15120 TELEPHONE: (412) 461-6916 FACSIMILE: (412) 461-6920 EMAIL: walt(�urbandesignventures,com WEBSITE: www.urbandesignventures.com DUNS NUMBER: 18-692-3046 TAX I.D. NUMBER: 06-1648008 2lPage PROPOSAL TO PREPARE AN ANALYSIS OF illhor IMPEDIMENTS TO FAIR HOUSING CHOICE (A.I.) 1 Oshkosh FOR THE CITY OF OSHKOSH, WISCONSIN F,t If 3 III. APPROACH TO THE SCOPE OF WORK Urban Design Ventures has prepared 42 Analysis of Impediments to Fair Housing Choice for various clients. Based on our experience we propose the following scope of work: A. Perform Research and Review of Background Data: The UDV team will perform the following research and review of the local background information: - The local and state building, occupancy, health, and safety codes. - The local accessibility design standards. - Local laws and ordinances that may affect the availability of housing for minorities, families with children, female headed households, the elderly, and persons with disabilities. - Local policies and actions affecting the approval of sites and other building requirements used in the approval process for the construction of public, assisted, and private housing such as: equalization of municipal services; tax policy; demolition and displacement decisions; and the removal of slums and blight. - Discuss with the local planning departments, the status of changes to the zoning ordinances and the agency's efforts to bring the City into compliance with the Fair Housing Act, as amended. - Local policies concerning community development and housing activities such as: multi-family housing rehabilitation; the application of site and neighborhood standards for new construction activities; the application of accessibility standards for new construction and alterations; activities causing displacement such as revitalization of neighborhoods and property tax increases; and the demolition of low-income housing. - Local policies that could be considered restrictive in directing housing and community development resources to areas of minority concentration. - Local planning, financing and administrative actions related to the provision and funding of public transportation and social services that may inhibit or concentrate affordable housing opportunities for persons with disabilities. - Local policies and practices affecting the representation of all racial, ethnic, religious, and disabled segments of the population 21IPage on local advisory boards, authorities, commissioners, and committees. - The relationship, cooperation and collaboration between the local Housing Authority, the cities agencies, and local officials. - The area's socio- and economic demographic data, using the U.S. Census Data, the HUD-CHAS Data, and existing census and population reports. - The foreclosure data for the City's housing market. - The local assisted housing programs, policies for allocating funds, and the geographic distribution of previous years' CDBG funds, by examining the Five Year Consolidated Plan, the last Annual Action Plans, the Consolidated Annual Performance and Evaluation Reports (CAPER's), Public Housing Plans, the Continuum of Care, and HMIS reports. - Review all previous HUD FHEO comments and correspondence concerning the cities actions to affirmatively further fair housing. B. Performance Evaluation of the Private Sector's Policies and Procedures: - Review the state's banking and insurance laws and regulations pertaining to home financing, refinancing, sale, purchase, rehabilitation, and rental of housing that may affect the achievement of fair housing choice within the cities. - Request in writing such policies procedures and practices that should be available from the state,licensing and other agencies that regulate banks, other financial institutions, and insurance companies operating within the cities. - Obtain the most recent Home Mortgage Disclosure Act (HMDA) reports that will provide additional data on the lending practices of specific banks in the area and prepare a summary of the information as it relates to fair housing practices. - Review the state and local Landlords—Tenants Act and regulations governing the rental and leasing of residential property. - Summarize the efforts of the local Board of Realtor's Code of Ethics, policies, training, educational requirements, and to raise awareness of fair housing choice. - Review the local newspapers, the publications "Sales of Homes" and "Listing of Rental Properties"for compliance in advertising with the Fair Housing Act. - Research and report on the availability and dissemination of information on programs and services that provide financial assistance to low-income families and individuals for private housing. - Determine the extent that accommodations are made to private housing, both new construction and substantial rehabilitation of multi-family housing, for persons with disabilities. 22IPage - Evaluate the programs and services offered by the local Homebuilders Association in the region to assist low-income or disabled persons or families. C. Interviews and Meetings: - Our firm will utilize surveys that we will collect from the various local and regional agencies and organizations that the cities recommended, based on the following categories: housing development agencies (public and private); owners, realtors, management agencies, and landlord organizations; advocacy groups (particularly those for persons with disabilities); civil rights, legal rights, legal services organizations; NAACP and ethnic organizations; the LGBT organization; agencies for the homeless; consumer and housing counseling agencies; senior citizen groups; etc. - We will discuss with the HUD-FHEO staff during the planning and research process to review the methodology and the status of previously identified impediments to fair housing choice. - UDV will update reports and listings of housing complaints filed with the following organizations: HUD-FHEO Regional/State office; Fair Housing Board; State Human Relations Commission; and U.S. Attorney General's Office (Justice Department); and our staff will provide a summary of the complaints and disposition of the investigation and outcomes. - Our firm will provide a summary of meetings with groups and organizations involved in fair housing, civil rights, and advocacy groups. - Our firm will follow-up with telephone interviews for those groups and organizations that did not previously respond to the survey nor attend the meetings. - An updated list of all groups, agencies, organizations, and individuals contacted will be prepared, along with a summary of comments. D. Prepare an Analysis of Data: - UDV's staff will prepare maps illustrating the location of public and subsidized housing; low- and moderate-income census tracts; concentrations of minorities; and housing tenure. These maps will illustrate any patterns of concentration of assisted housing in areas with concentrations of minorities or areas with low- and moderate- income concentrations. - UDV will prepare a review of the previous and current Analysis of Impediments, what actions have been taken to address those impediments, what policies were developed, what policies was adopted, and if there are any unresolved issues. - A summary of all fair housing complaints filed in the city with HUD, the State Human Relations Commission, the U.S. Attorney General's Office, and the Human Relations Commission will be made, and which will indicate all outcomes and results. 23IPage - A comparison will be made between the local Fair Housing complaints, complaints filed in the city, the county and total state complaints filed, will be examined for trends. - A narrative will be prepared that lists what fair housing planning efforts are being undertaken in the cities. - A narrative will also be prepared which lists the number of existing affordable housing units by category, the estimated demand or waiting list for affordable housing, and what programs, plans, or goals the area must address to meet those needs. - A summary based on the estimate of the number and types of accessible housing units in the cities will be prepared to ascertain the existing housing stock versus the demand for accessible • housing. - A narrative will be prepared on any evidence of: segregated housing conditions; discriminatory lending patterns, practices, and disclosures; discriminatory appraisal and insurance underwriting practices; and disinvestment and insurance "redlining" practices. - The programs and services offered by the cities will be reviewed to determine if there is a need for increased programs and services to affirmatively further fair housing. E. List of Recommendations and Conclusions: - A narrative will be prepared on what actions are necessary or what needs to be improved to affirmatively further fair housing (AFFH) in • the City. 1 - A narrative will be prepared on any conflicts between existing local laws, the local Zoning Ordinance, land use regulations and policies, as compared to the Fair Housing Act, and its amendments. - A statement will be prepared if there are any observed conflicts in the housing agencies, departments and administrative policies, practices, and distribution of Federal funds and the Fair Housing Act. - Recommendations and improvements, if needed, will be identified for: local realtors and their practices; mortgage lending and financing of the purchase of homes; advertising in daily newspapers of homes for sale or apartments for rent; and any discriminatory or non-responsive property management or rental agent actions; as these all relate to the Fair Housing Act. - A narrative will be prepared that describes the enforcement and monitoring policy of local programs and grants and how they affirmatively further fair housing. 241 Page F. Impediments to Fair Housing Choice: - Our firm will identify any impediments it finds to Fair Housing Choice. - Each impediment will be listed separately with the goals and actions necessary to address and overcome that impediment listed in a tabular format per the HUD-FHEO request. - Strategies will be identified to address each impediment and goal. - The entities which are responsible for addressing the strategies for each impediment will be identified along with the necessary resources needed. 25 I Page PROPOSAL TO PREPARE AN ANALYSIS OF City IMPEDIMENTS TO FAIR HOUSING CHOICE (A.I.) of Oshkosh FOR THE CITY OF OSHKOSH, WISCONSIN Fs' 1853 VI. PROPOSED SCHEDULE The following time schedule is presented for consideration in the preparation of the Analysis of Impediments to Fair Housing Choice for the City of Oshkosh. This document will be developed at the same time as the Five Year Consolidated Plan. A. Schedule By Month - Month One - April 2019 • Meet with local staff and City officials to initiate work on the Analysis of Impediments • Review existing studies, census data, and CHAS data • Review timeline schedule with local staff • Establish a schedule of interviews with stakeholders • Determine staff assignments - Month Two - May 2019 • Prepare a resident survey form for local staff review • Prepare a list of housing providers, social service agencies and other stakeholders to meet with • Mail to organizations surveys and invitations for roundtable discussions and meetings • Prepare maps illustrating the demographic data • Prepare survey form for stakeholders for the local to send out with letters inviting them to meetings • Have a discussion with the HUD-FHEO Representative to review the previous A.I. and gather their comments - Month Three - June 2019 • Prepare a draft letter to HUD-FHEO to obtain a list of complaints filed with HUD from 2013 through 2018 to mail to the HUD Freedom of Information Office • Contact local news media sources to prepare a brief articles and notice • Prepare an outline of census data and HUD CHAS data • Conduct roundtable discussions with stakeholders. • Meet with other interested groups 27lPage • Prepare summary reports of meetings and discussions • Send out questionnaires to public • Upload citizen survey forms on Survey Monkey to send residents and put a link on the City's website - Month Four-July 2019 • Interview social service providers • Interview local housing providers • Interview the Housing Authority • Interview the Board of Realtors • Interview the Neighborhood Legal Services • Interview the LGBTQ Community • Interview advocacy groups, civil rights organizations and organizations representing the special needs populations • Contact community and church bulletins and pass out flyers at strategic locations • Interview local housing providers. • Interview advocacy organizations. • Interview agencies for protected classes. • Interview the County Department of Human Services • Interview the local Office of Mental Health and Disabilities • Interview the County Area Agency on Aging • Meetings with various city and local Departments • Meetings with the local Economic and Business Development Departments - Month Five - August 2019 • Interview the Fair Housing groups • Review the Zoning Ordinances and land use/development policies • Review the HMDA data • Review foreclosure data • Review the Housing Authority's plans to affirmatively furthering fair housing • Examine accessibility issues • Meet with the local Commission on Human Relations • Review HUD - FHEO Complaints • Prepare summary of resident survey results • Prepare summary of agency/organization survey results • Prepare summary reports of meetings and interviews - Month Six - September 2019 • Review HUD - FHEO Complaints • Prepare a narrative update on the previously identified impediments to fair housing choice • Follow-up interviews with stakeholders, advocacy groups, civil rights organizations, and organizations for the special needs populations 28IPage • Prepare a summary of the review of the local zoning ordinance and land use development controls • Prepare an outline of potential impediments to Fair Housing Choice • Prepare a "Draft" Analysis of Impediments for review in house - Month Seven - October 2019 • Prepare the"Draft"Analysis of Impediments for submission to the City for review and comments • Prepare a Fair Housing Chart with the following items: Impediment to be addressed, goals, strategies to meet the goal, responsible entities assigned to meet each strategy, benchmarks, proposed investment, and year to be completed. • Discuss with the staff their review and to go over their comments • Make any revisions based on staff review and comments • Prepare an ad for the public hearing and a display notice that the "draft"Analysis of Impediments is on display for public review and comment • Prepare information for the public meeting on the "draft"Analysis of Impediments - Month Eight- November 2019 • Place "Draft" A.I. on public display for review and comment • Put the "Draft" Analysis of Impediments on the City website • Provide the staff with information to advertise a public hearing on the "draft" A.I. document • Attend the public hearing on the "Draft" of the Analysis of Impediments. • Meet with local staff to finalize the A.I. • Make any changes or revisions to the document • Provide information for local approvals of the Analysis of Impediments - Month Nine- September 2019 • Submit the Analysis of Impediments to HUD-FHEO Office for review • Common council review and approval of the A.I. • Follow-up with the HUD-FHEO Office staff to address any questions or comments 29IPage PROPOSAL TO PREPARE AN ANALYSIS OF L.r Ciiy IMPEDIMENTS TO FAIR HOUSING CHOICE (A.I.) of Oshkosh FOR THE CITY OF OSHKOSH, WISCONSIN Est 1853 VII. COMPENSATION The following cost proposal is submitted for consideration: A. Lump Sum Amount: • Preparation of the Analysis of Impediments $24,750 This cost is a fixed fee amount and includes all staff time, travel, mailings, reproduction costs, etc. B. Hourly Rates: The following are Urban Design Ventures' hourly rates: • Walter J. Haglund, President $150.00 per hour • Karl M. Haglund, Vice President $140.00 per hour • Jon G. Haglund, Senior Consultant $120.00 per hour • David G. Jordan, Senior Consultant $120.00 per hour • Brandon T. Wilson, Consultant $ 90.00 per hour • Keith S. Portugal, Consultant $ 90.00 per hour Note: These hourly rates are all inclusive, including salaries, benefits, travel, reproduction, mailing, etc. 30IPage s Exhiibt Oshkosh 4 T.5 Insurance Requirements for the City of Oshkosh Revised: December 20, 2018 • Revised: May 12, 2014 Revised: April 14, 2014 Revised: October 23, 2013 Revised: July 16, 2012 Revised: May 25, 2012 Revised: May 9, 2012 Revised: December 21, 2011 Revised: March 31, 2011 Original: January 14, 2011 • 5 City of Oshkosh Insurance Requirements INTRODUCTION It is important that the City of Oshkosh is adequately protected from loss due to the negligence of others (contractors, suppliers, vendors, etc.) who are working for, with, or on behalf of the City of Oshkosh. To help achieve this goal, the City of Oshkosh requires that other parties carry a certain level of insurance that will protect, defend and indemnify the City from losses arising out of their activities or from their products. The following standards have been established to help provide direction and consistency for City of Oshkosh Departments. Until the appropriate certificate of insurance verifying the required coverage is obtained, the City of Oshkosh will NOT be issuing a license, permit or entering into a contract. Insurance requirements for jobs or activities such as asbestos abatement, pollution clean up, oil recycling, hazardous waste removal, or any new contract or activity where it is not clear what level of insurance should be required will be determined by the City Attorney and the Safety & Risk Management Officer. The City Attorney and/or the Safety & Risk Management Officer are responsible for the review of all certificates of insurance to determine if they meet the insurance requirements. There may be times when an organization or contractor can not meet the insurance requirements. Any significant variance from the standards must be authorized by the City Attorney and/or the Safety & Risk Management Officer. 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS III. PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 products— completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations must be carried for 2 years after acceptance of completed work (6) The general aggregate must apply separately to this project/location 3. BUSINESS AUTOMOBILE COVERAGE— If this exposure shall exist: A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol #1 - "Any Auto"— including Owned, Non-Owned and Hired Automobile Liability. III - 1 4/14/14 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY— "If" required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease— Each Employee 5. UMBRELLA LIABILITY - If exposure exists, provide coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of$2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of$10,000. 6. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Professional Liability, Workers Compensation and Employers Liability. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk —City of Oshkosh. III - 2 Acoarr CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endors_ement(s). PRODUCER CONTACT Insurance Agency contact NAME: Information,Including street PHONE • insurance Agent's AX.. -- - -- address and PO Box i1ontact Information. No: INC.NC Na.N EXt): --- -- applicable. E4rA1L -- - - ------- -----. -..__ -.. _._. ADDRESS: I INSURER(S)AFFORDING COVERAGE NAIC a INSURER A: ABC Insurance Company I NAIC# INSURED /naured'a 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.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 ADD[ SUER' I POLICYEFF I POLICY EXP LTR TYPE OF INSURANCE INSR WVD I POLICY NUMBER . (MMIDO!YYY] i (MMIDDfYYY) LIMITS GENERAL LIABILITY $ EACH OCCURRENCE 1,000,000 Genera!Liability PolicyNumber [poky and explrefbn date. DAMAGE TO RENTED ®COMMERCIAL GENERAL LIABILITY ® ❑ I Y [_ __-__—_ ;PREMISES(Eaoccurrance) $50,000 A I❑CLAIMS-MADE 1,OCCUR Po& effective !MED EXP(Any one person) L$5,000 ®jJ O FORM CO 20 S7 OR EQUIVALENT 1 PERSONAL&ADV INJURY $1,000,000 ❑i IGENERALAGGREGATE__ $2,000,000 ( Ill GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS=COMP/OP AGO , $2,000c000 _ POLICY�JCCT Et❑;LDS I- $ AUTOMOBILE LIABILITY I r COMBINED SINGLE LIMIT (Ea accident) _ $1,000,000 ®,ANY AUTO ® ❑ Auto Liability Policy Number - Policy effective and expiration date. !BODILY INJURY(Per person) $ B ❑`ALL OWNED ❑ SCHEDULED j I !AUTOS AUTOS 1 BODILY INJURY(Per accident) $ NON-OWNED ! PROPERTY DAMAGE ❑_HIRED AUTOS❑l AUTOS I I(Per accident) I $ Eli ❑I I ; $ ®IUMBRELLA LIAB!, OOCCUR , ® ❑ i EACH OCCURRENCE $2,000,000 A ❑ ❑I CLAIMS-MADE EXCESS LIAB i` (fJmbreAa Liability policy Number I Policy effective and expiration date. AGGREGATE - $2,000,000 I❑DED ®!RETENTIONS10,000 I $ s IWORKERSCOMPENSATION WC STATU- OTH- IAND EMPLOYERS'LIABILITY ❑ ❑ ' 1 TORY_UMITSiq ER I ANY PROPRIETOR/PARTNER/EXECUTIVE I—_t____. IOFFICEIMEMBER EXCLUDED? YIN Workers Compensation Polley [Policy effective end expiration(Wei IE.L EACH ACCIDENT $100,000 !Mandatory In NH) N Number - ` If yes.describe under I E.L.DISEASE-EA EMPLOYEE $100,000 DESCRIPTION OF OPERATIONS below I I EL DISEASE-POLICY LIMIT $500,000 A !PROFESSIONAL LIABILITY ❑ ❑ I .$1,000,000 EACH CLAIM Professional Liability Policy Policy effective end expiration date. $1,000,000 ANNUAL AGGREGATE Number DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space I.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 III SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE THE EXPIRATION DATE,THEREOF,NOTICE WILL BE DELIVERED IN PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh,WI 54903-1130 Please indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: Policy{! COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations • As required by contract Any and all job sites Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds,the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" This insurance does not apply to "bodily injury" or caused, in whole or in part, by: "property damage"occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- 2. The acts or omissions of those acting on your ment furnished in connection with such work, behalf; on the project(other than service, maintenance or repairs) to be performed by or on behalf of In the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) design- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Insurance Standard Ill SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: Policy COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate Is for. CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ (