RFP Transportation FP Upgrades 2024 - JL Edits 6-10-24.pdf

REQUEST FOR PROPOSAL (RFP):

FIRE PROTECTION UPGRADES-

TRANSIT ADMINISTRATION AND GARAGE FACILITY

Published: June 14, 2024

CITY OF OSHKOSH REQUEST FOR PROPOSAL:

FIRE PROTECTION UPGRADES- TRANSIT ADMINISTRATION AND GARAGE

FACILITY

PART A – NOTICE TO VENDORS

CITY OF OSHKOSH PURCHASING DIVISION

SCHEDULE OF EVENTS

RFP Issued to Vendors June 14, 2024

Site Review Opportunity (Visit Not

Required)

June 17-21, 2024

Questions due from Vendors (email only) By 4:30 p.m., June 25, 2024

Response to Questions Posted By 4:30 p.m., July 2, 2024

RFP DUE DATE by 10:00AM, local time, July 11, 2024

Anticipated Evaluation Timeline July 12-26, 2024

Anticipated Contract Award August 13, 2024

Anticipated Contract Start Date August, 2024

Method and deadline of submittal. SEALED envelope only, by mail delivery or in person. No fax or email. Submit four (4) complete sets of documents and one (1) sealed COST PROPOSAL. Please also include one digital copy. Proposals received after 10AM on due date cannot be considered.

Submit Proposals to: City Manager, c/o City Clerk’s Office

Room 108, Oshkosh City Hall

215 Church Avenue

P.O. Box 1130

Oshkosh, WI 54903-1130

Procurement Contact Email or Phone Jon Urben, General Services Manager jurben@oshkoshwi.gov

(920) 236-5100

Purchasing Office:

purchasing@oshkoshwi.gov mailto:jurben@oshkoshwi.gov mailto:purchasing@oshkoshwi.gov

CITY OF OSHKOSH REQUEST FOR PROPOSAL:

FIRE PROTECTION UPGRADES- TRANSIT ADMINISTRATION AND GARAGE

FACILITY

I. GENERAL

A. General Information

The City is requesting proposals from professional firms to install fire sprinklers, fire alarm and fire doors to upgrade the fire protection for the Transit Administration and Garage Facility. The installation will be performed with Federal and local funding.

B. Questions or Addenda

Questions regarding this RFP must be submitted via electronic mail. No informal communication shall occur regarding this RFP, including requests for information or speculation between vendors and any City of Oshkosh employees. Any contact or attempt to contact any employee of the City other than the Procurement Manager regarding this RFP may result in the immediate disqualification of the vendor. Oral and other interpretations or clarifications will be without legal effect. Only questions answered by formal written addenda will be binding. Should the vendor find discrepancies or omissions in the solicitation documents, or should the intent or meaning appear unclear or if questions arise relative to the solicitation documents, the vendor shall promptly notify the Procurement Manager. All questions regarding this RFP must be submitted via email by the deadline stated within this RFP to:

Jon Urben, General Services Manager, City of Oshkosh

Email: jurben@oshkoshwi.gov

C. Definitions

For the purposes of this RFP and resulting Contract, the following definitions of terms shall apply, unless otherwise indicated.

Acceptance Period The number of calendar days available to the City of Oshkosh -

GO Transit for awarding a contract from the date specified in this solicitation for receipt of PROPOSALS.

Agency City of Oshkosh – GO Transit

Proposer The entity submitting a Proposal in response to this RFP.

Contract

Administrator, Brian Griesbach -

Transport Mechanic &

Maintenance Manager

The City of Oshkosh employee responsible for oversight of the implementation, administration, and completion of the Contract.

Contract Manager, Jim Collins – Director of Transportation

The City of Oshkosh employee responsible for 1) resolving contractual matters that cannot be resolved with the Contract

Administrator; and 2) facilitating and/or completing all official actions under the Contract including but not limited to amendments, renewals and termination.

Contract Payment

Administrator, Julie Calmes, Finance Director

The individual and office responsible for making contract payments.

Contract The final version of any contractually binding agreement between the City and the Contractor relating to the subject matter of this

RFP; references to the Contract include all exhibits, attachments and other documents attached thereto or incorporated therein by reference.

Contractor The person or entity that has been awarded the Contract as a result of this RFP, and who is required to provide equipment, materials, supplies, contractual services, or leasing real property to the City of Oshkosh.

Mandatory A requirement labeled as such must be present in the proposed solution, exactly as stated, or the solution will not be considered by the City of Oshkosh. The terms “must,” “shall,” and “will” are considered mandatory.

May Indicates something that is not mandatory but permissible.

Procurement Manager, Jon Urben – General

Services Manager

The person responsible for managing this procurement process.

Responsible A Proposer who has furnished information and data to prove that the financial resources, service, facilities, personnel, service reputation, and experience are adequate to make satisfactory delivery of such Services and Deliverables set forth in the RFP.

Responsive A proposal that conforms in all material respects to the requirements set forth in the RFP.

RFP This Request for Proposals.

Supplier A person or entity that has been awarded the Contract as a result of this Proposal, and who is required to provide the agreed upon good and/or services. The term Supplier is used throughout this document in lieu of Contractor.

Vendor A person or firm submitting a response to a solicitation and a set of specifications. The term Vendor is used throughout this document in lieu of Proposer.

D. Funding and Service Availability

This contract will be in part funded with Federal grant monies (Section 5304). As such, agencies receiving such funds and contractors awarded contracts that use funds must comply with certain Federal certifications and clause requirements. It is the vendor’s responsibility to be aware of the pertinent certifications and contract clauses, as identified by the City of Oshkosh for the procurement and ensure compliance with such requirements prior to award and throughout the term of any resultant contract. A list of the Federal clauses and certifications applicable to this procurement are included as Attachments A & B, and the full text of these clauses is available at the National Rural Transit Assistance Program (RTAP) website under

“Procurement Pro.” The website address is: http://www.nationalrtap.org/home.aspx

II. Terms and Conditions

A. RFP Submittal

All proposals, sealed and marked “FIRE PROTECTION UPGRADES- TRANSIT

ADMINISTRATION AND GARAGE FACILITY” are due by 10:00 AM CST on July 11, 2024 and must be delivered to:

City Manager, c/o City Clerk’s Office

Room 108, City Hall

215 Church Avenue, P.O. Box 1130

Oshkosh, WI 54903-1130

Any proposal received after this time will not be considered. Proposals must be date and time stamped by the City Clerk’s Office on or before the date and time that the Proposal is due. Receipt of a proposal by the mail system does not constitute receipt of a Proposal by the City Clerk’s

Office.

Proposals may be withdrawn prior to the date/time set for proposal opening. Proposals may be modified or withdrawn by the proposer’s authorized representative in person, or by written notice. If proposals are modified or withdrawn in person, the authorized representative shall make his/her identity known and shall sign a receipt for the proposal. Written notices shall be received in the office where proposal was submitted no later than the exact date/time for proposal opening.

The City of Oshkosh reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposers, or to allow corrections of error or omissions. At the discretion of the City, vendors submitting proposals will be requested to make oral presentations as part of the evaluation process.

http://www.nationalrtap.org/home.aspx

There is no expressed or implied obligation for the City of Oshkosh to reimburse responding vendors for any expenses incurred in preparing proposals in response to this request.

In accordance with WI Statutes, all proposals received, and all materials contained therein, once opened (after the issuance of the notice of intent to award or award of the contract) are public record, and subject to disclosure to any person, organization, or firm, including other firms responding to the Request for Proposals.

The City reserves the right to accept or reject any or all proposals, or part thereof, to waive any informalities or technicalities that are deemed in the best interest of the City, or reject any items that do not meet the needs of the City. In all instances the City’s decision shall be final. The City reserves the right to select and award the proposed service to the provider which best meets the

City’s needs, quality levels and budget restraints. The City reserves the right to cancel this RFP for any reason prior to the issuance of a notice of intent to award.

Upon award the successful vendor will be required to provide a certificate of insurance meeting the City’s insurance requirements, as listed within this RFP. Except for exempt materials, all proposals and information submitted by vendors will be available for viewing after the evaluation process is complete and a contract is awarded to the selected proposer.

B. Proposal Elements

Elaborate proposals beyond that which is sufficient to present a complete and effective proposal are not necessary or desired. The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the requirements of the request for proposals.

C. Submission of Proposals

1. Proposal shall be on company letterhead and signed by an authorized representative of the company.

2. Firms will submit their proposal including qualifications and necessary references along with their cost proposal document for performing the required services outlined in the

Request for Proposals. The cost proposal document will be in a separate sealed envelope marked “Cost Proposal.” Packages containing the proposal and any related materials shall be plainly marked on the outside in the following manner: “FIRE

PROTECTION UPGRADES- TRANSIT ADMINISTRATION AND GARAGE

FACILITY”.

3. Firms must include signed and completed State and Federal Certifications and Federal

Clauses with their proposal. Please refer to Attachments A & B.

4. Proposals will include 4 hard copies of the presentation/proposal and a Flash Drive with the presentation /proposal on it in PDF/Word format.

D. Public Records Access

It is the intention of the City to maintain an open and public process in the solicitation, submission, review and approval of procurement activities. Bid/proposal documents and openings are public records and therefore subject to release unless excluded from release by

Wisconsin Statutes. Those submitting information to the City that believe that their information is not subject to release must identify the applicable statute(s) and describe in detail how the information being submitted applies to the statute cited. The City’s lack of response to assertions related to public records does not indicate any agreement with those assertions. Public records may not be available for public inspection prior to the opening of bids/quotes and/or the issuance of the notice of intent to award or the award of the contract.

E. Certifications and Accommodations

The City of Oshkosh can provide reasonable accommodations, including the provision of informational material in an alternative format for qualified individuals with disabilities upon request. If a vendor needs accommodations at the outset of this solicitation process, please contact Jon Urben, General Services Manager.

The vendor certifies, by submitting this proposal, that it is properly registered and licensed to conduct business within the State of Wisconsin and the City of Oshkosh. The vendor certifies that it will maintain any such certification and licensing requirement for the duration of any resultant contract. In addition, if the solicitation and contract require the use of appropriately certified and/or licensed employees in the execution of the contract (e.g., skilled trades such as electricians, etc.), the vendor certifies that it will ensure that such employees are and will remain properly registered and/or licensed for the term of any resultant contract.

Upon award the successful vendor will be required to provide a certificate of insurance meeting the City’s insurance requirements, as listed within this RFP.

F. Proposal Binding Period

Prices quoted in any vendor’s proposal will remain in effect for a period of at least ninety (90) business days from proposal submissions’ deadline date.

G. Project Managers

Vendors will provide a Project Manager who will act as a single point of contact for all activities regarding this project. The Project Manager will be required to make decisions regarding the scope of the work and any changes required by the work. The Project Manager will be totally responsible for all aspects of the work and shall have the authority to make immediate decisions regarding implementation or changes to the work. The City’s Project Manager for this project will be Brian Griesbach, Transport Mechanic & Maintenance Manager.

H. Non-Restrictive Specifications and Proposer Alternatives

If specifications are applicable to the Scope of Work of this RFP, they are intended to define the level of quality and performance of this purchase and not to restrict competition. Vendors may offer one or more alternates with lesser or greater features; however, the City reserves the right to make its selection based on the best interest of the City. Vendors offering alternates shall submit, with their proposal, an itemized comparison with this specification, documenting equivalence for quality, performance, etc. All itemized lists shall be presented in the exact same order as the City specifications and shall reference the City item number. Failure to identify exceptions or deviations in this manner may be a basis to declare the proposal as non-responsive.

If in your opinion any of the specifications, terms and conditions of this RFP prevents you from offering a proposal, consideration will be given to a Proposer’s request for change.

I. Site Visit

A site tour is recommended, but not required. Those wishing to view the Transportation Facility should register with Jon Urben, General Services Manager at jurben@oshkoshwi.gov. The site visits are available during the dates outlined the Schedule of Events in Part A. Building prints will be available for review during the site visit.

III. Proposal Process

A. Evaluation of the Proposals

The evaluation and selection of a proposal will be based on the information submitted in the proposal plus references, qualifications and any required presentations, on-site visits or oral interviews.

The City Project Team will consist of individuals, who in the City of Oshkosh’s sole judgement, possess specific knowledge and skills essential to the RFP evaluation. The City Project Team participates fully in the evaluation process, including reviewing and scoring proposals. Subject

Matter Experts (SMEs) may be used to provide additional expertise (e.g. technical and functional subject matter expertise, administrative and procurement knowledge) to the City Project Team.

The City Project Team will evaluate and score all accepted proposals against the predetermined criteria. A uniform selection process, as outlined below, will be used to evaluate all proposals using a point system. Vendors are advised that responses to requirements should clearly and completely describe how its services and products will meet those requirements. Failure to demonstrate in the proposal response that the vendor can meet the requirements stated may cause the rejection of the proposal.

The City Project Team may review references, request presentations and demonstrations, and use those results in scoring proposals. Evaluation and selection of the vendor, as well as any subsequent negotiations, will be based on the information submitted in the proposals, references, requested presentations, and product and service demonstrations.

B. Responsive proposals will be scored using the following criteria:

• Description of Firm and Qualifications 15 points

• Project Team and Experience with Similar Projects 20 points

• Project Understanding and Work Plan with Estimated Work Hours 25 points

• Demonstrates ability to Meet Project Schedule / Timeline 10 points

• Desired and Value-Added Capabilities 5 points

• Budget and Fee Information 25 points

TOTAL POINTS 100 points

The points stated above are the maximum amount awarded for each category.

Proposals shall be reviewed and scored against the stated criteria. Vendors shall not contact any member of the City Project Team. Cost proposal information shall not be available to the City

Project Team during the requirements evaluation phase.

The proposed budget will be scored separately from the other criteria by the Project Team. The lowest cost proposal shall receive the maximum number of points available for the cost score.

Other cost proposals shall receive prorated scores based on the lowest cost Proposal. Only the total project cost will be considered in the scoring of this proposal. The formula would be as follows:

Lowest Total Proposal (contractor)

*Maximum points given to cost

__________________________________ = Cost Score

Vendor’s Total Cost Proposal

(Proposal being scored is denominator)

Example: Calculate cost proposal score for Contractor X

$100 (Lowest proposal received) ____ = 0.8 X 25 points (Maximum cost = 20

Points

$125 (Contractor X proposal received) proposal points)

C. Protest Procedure

If a vendor believes they were treated unfairly in a solicitation please contact the General Services

Manager to discuss the issue and provide reasoning to the basis of the concern. If not satisfied with that discussion, the vendor has the right to file a formal protest.

FTA funded procurements. For any protest related to a Federal Transportation Administration

(FTA) funded procurement it is the responsibility of the local contract administrator to keep the

FTA informed and updated on the status of the protest. Chapter VII, Sec. 1.b. of the FTA Circular

4220.1 F addresses protests where federal funds are involved. The FTA will only review protests regarding matters that are primarily of Federal concern.

IV. Project Details

A. Background

The City of Oshkosh has operated the transit system since 1978. GO Transit currently operates 9 fixed service routes (with 16 buses) and has contracts for paratransit services and micro transit.

The existing site is located at 926 Dempsey Trail. It is bordered by an inlet to the Fox River to the north, the City’s Waste Water Treatment Plant to the east, Dempsey Trail and U Bloom Florist to the south and Knapp Street to the west.

The existing Transportation Building was originally constructed in 1968 as an incinerator for the disposal of refuse. Since the original development did not contemplate usage by the

Transportation Department, FTA Department of Transportation Regulations including Seismic

Safety Regulations under 49 CFR were not considered. The building houses the Transit, Electric and Sign divisions of the Transportation Department.

The building was renovated in 1980, 2005 (to make restrooms ADA compliant), 2011/2012 and

2016 to address space and security needs.

The City of Oshkosh and GO Transit (also herein referenced as the “City”) is requesting proposals to install fire protection upgrades in the form of installing dry pipe sprinklers, a fire alarm system and replacement of select fire doors for the Transit Administration and Garage Facilities. The

City requests proposals for the services as described in this RFP.

B. Project Intent

The intent of this RFP is to obtain construction services from a qualified firm to perform the installation of the aforementioned fire protection upgrades of the Administration and Garage

Facilities of the Transportation Department for the City to ensure occupant life safety and property protection. The firm shall possess the qualifications and Wisconsin State Licenses to perform this scope of work. This scope of work includes excavation and installation of a fire water riser supply from the city water main located along Dempsey Trail, restoration of any paving and landscaping disturbed by the water main work, installation of two dry-pipe sprinkler systems, one for the bus barn area and one for the electric shop, including shop drawings, hydraulic calculations and nitrogen maintenance compressors to meet project specifications, installation of a fire alarm system to monitor the new sprinklers systems and provide manual pull stations at all exits and evacuation alarms both internally and externally to the structure, and replacement of select fire doors to maintain fire separation of the office spaces from the two protected areas. The awarded firm will provide the necessary documentation and commissioning including

Wisconsin State Fire Marshal approvals.

C. SCOPE OF WORK

Before the award of any contract, the City shall be satisfied that the vendor has sufficient qualified resources available for performing the work described in this proposal. It is the vendor’s responsibility to acquaint the City with these qualifications by submitting appropriate or supporting documentation.

Upon successful award of the RFP, the final project product will contain the following:

• Excavation and installation of a 6” minimum diameter fire water riser supply from the City water main located along Dempsey Trail including isolation valves to City standards.

• Restoration of any paving and landscaping disturbed by the water main work in accordance with City standards.

• Installation of two dry-pipe sprinkler systems, one for the bus barn area and one for the electric shop, in accordance with NFPA 13 2022 edition requirements including:

• Shop drawings

• Hydraulic calculations and

• Nitrogen maintenance compressors to meet project specifications,

• Installation of a fire alarm system in accordance with NFPA 72 2022 edition requirements to monitor the new sprinklers systems and provide manual pull stations at all exits and evacuation alarms both internally and externally to the structure.

• Replacement of select fire doors to maintain fire separation of the office spaces from the two protected areas.

• The necessary documentation, testing and commissioning including Wisconsin State Fire

Marshal approvals.

D. Project Timeframes

The project work will commence immediately upon notification by the City to proceed with the work. The tentative timeframes for the project is as follows:

Information Gathering: Development of

Shop Drawings and hydraulic calculations

August 19 through 30, 2024

Construction Start September 23, 2024

Testing and Commissioning Week of November 18, 2024

Prepare Final Documentation December 31, 2024

V. Sample Agreement

A. Final Agreement Format

Contractual Agreement

The City will notify all vendors upon completion of the evaluation process. The City will begin negotiating with the vendor whose proposal best meets the proposal requirements. The scope of services defined in this RFP, the cost scheduled supplied by the vendor, along with any subsequent scope addenda/amendments, will become the scope of the work for the vendor.

Beyond this scope and budget, the contractual agreement will require the vendor to provide proof of required insurance coverage, naming the City as an additional insured, to the City prior to the start of work. The vendor shall maintain, at its sole cost and expense, in full force and effect during the term of this agreement, a valid current policy or policies of general and professional liability insurance with an insurer acceptable to the City of Oshkosh, whose acceptance shall not be unreasonably withheld, insuring its vendor, agents and employees against any liabilities for any services provided or failed to be provided for any negligence, and/or judgment. The policies shall contain a provision that such coverage not be determined, or reduced or materially changed without at least a thirty (30) day written notification to the City of Oshkosh. Coverage must remain in effect two years after termination of the contract.

A copy of the City’s insurance requirements is attached. Vendors do NOT need to submit a certificate of insurance (COI) with their proposal but will need to provide a COI after they are named the successful proposal. The COI will be incorporated into the executed contract.

The entity submitting the successful proposal will be expected to enter into a contract substantially similar to the contract template included within this RFP. Upon signature by designated City officials, the agreement will become binding and the proposer may begin to execute its scope of work. Vendors must accept all terms and conditions or submit point-by-point exceptions along with proposed alternative or additional language for each point. The City may or may not consider any of the vendor’s suggested revisions. Any changes or amendments to any of the terms and conditions will occur only if the change is in the best interest of the City.

Pricing submitted should assume that no changes to these terms and conditions will be accepted.

The vendor shall be solely responsible for services performed for or decisions rendered to covered individuals by the vendor. The vendor shall indemnify and hold the City of Oshkosh harmless from any and all claims, lawsuits, settlements, judgments, costs, penalties, expenses, attorney fees, or liabilities incurred as a result of determination of medical necessity by the vendor.

If a contract document is executed as a result of this procurement, additional terms and conditions may be contained in that document and negotiated at that time.

B. Sample City of Oshkosh Contractual Agreement

CONTRACTOR AGREEMENT:

PROJECT NAME

CITY OF OSHKOSH

THIS AGREEMENT, made on the XXth day of MONTH, YEAR, by and between the CITY OF

OSHKOSH, party of the first part, hereinafter referred to as CITY, and CONTRACTOR NAME, ADDRESS, CITY, ZIP, STATE, hereinafter referred to as the CONTRACTOR, WITNESSETH:

That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor’s proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail.

ARTICLE I. 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:

A. This Instrument

B. Proposal Solicitation

C. Contractor’s Proposal

In the event that any provision in any of the above component parts of this contract conflicts 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 II. PROJECT MANAGER

A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract:

(NAME, CONTRACTOR FIRM, 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 III. CITY REPRESENTATIVE

The City shall assign the following individual to manage the project described in this contract:

(NAME, TITLE)

ARTICLE IV. SCOPE OF WORK

The Contractor shall provide the services described in the City’s (SOLICITATION) for the Project titled “PROJECT TITLE” dated MONTH, DATE, YEAR, and the contractor’s bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications 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 V. 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 VI. TIME OF COMPLETION

The work to be performed under this contract shall be completed by no later than MONTH, DATE, YEAR

OR:

The work to be performed under this contract shall be completed within XX days of the purchase order issued for this project.

Any changes to this completion date must be agreed upon by both parties in writing.

ARTICLE VII. PAYMENT

A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $XX,XXX.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto.

B. Fee schedules shall be firm for the duration of this Agreement.

i. 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.

ii. 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.

ARTICLE VIII. STANDARD PROVISIONS

The CONSULTANT agrees in all hiring or employment made possible by or resulting from this agreement, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

ARTICLE IX. 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 X. INSURANCE

The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor’s certificate of insurance for this project is attached as Exhibit

B.

ARTICLE XI. TERMINATION

C. 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.

D. 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.

Signatures. By placing their signatures below, each individual affirms that the entity they represent is authorized to enter into this Agreement, and further affirm that they are authorized by the entity they are representing to bind their respective parties to the terms and conditions of this Agreement.

In the Presence of: CONTRACTOR /CONSULTANT

____________________________ By: _____________________________

(Seal of Contractor if a Corporation) (Specify Title)

By: _____________________________

(Specify Title)

CITY OF OSHKOSH

By: _____________________________

_____________________________ Mark A. Rohloff, City Manager

(Witness)

_____________________________ And: _____________________________

(Witness) Diane Bartlett, 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

VI. Attachments

A. Federal Certifications

B. Federal Clauses

C. Insurance Requirements