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HomeMy WebLinkAboutTrench Drain Repairs, Leach Amphitheatre- Capelle Bros & Diedrich Inc. coal ; 4411 ..ai a i CiTY14, Y RECEIVED Oshkosh CITY CLERK'S OFFICE CONTRACTOR AGREEMENT TRENCH DRAIN REPAIRS,LEACH AMPHITHEATRE CITY OF OSHKOSH THIS AGREEMENT, made on the 17" day of APRIL, 2020, by and between the CITY OF OSHKOSH,party of the first part,hereinafter referred to as CITY,and CAPELLE BROS.&DIEDRICH, INC. 253 N. HICKORY STREET, FOND DU LAC, WI 54935, hereinafter referred to as the CONTRACTOR WITNESSETH: That the City and the Contractor,for the considerationhereinafter named,enter intothe 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 L 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 lsesetu attache& 1. This instrument 2. Proposal Solicitation 3. 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 IL PROTECT MANAGER A. Assignment of Pi Lied Manager. The Contractor shall assign the following individual to manage the project desmbed in this Luntsact (JOHN BUECHEL,PROJECT MANAGER) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual i sued 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. Clay Hot 215 Church Avenue P.O.Box 1130 Oshkosh.WI 54903.1130 htp://kwomcloshkosh.wl.us ARTICLE iII. CITY REPRESENTATIVE The City shalt assign the following individual to manage the project described in this contract (CFlAD DALLMAN,ASSISTANT PARKS DIRECTOR) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's REQUEST FOR QUOTATION for the Project titled"TRENCH DRAIN REPAIRS,LEACH AMPHITHEATRE'dated APRIL 1,2020, 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 RESPONSMITIITS 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 VL TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than MAY 22,2020. Any changes to this completion date:mist be agreed upon by both parties in writing. ARTICLE VII PAYMENT A. The Contract Stun. The City shall pay to the Contractor for the performance of the contract the sum of$11,420.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement If any i tateuirmd 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 ag.ietsaaatt executed by both parties prior to proceeding with the work covered under the subject amendment AtIUCLE via CONTRACTt'ht�10 HOrD an'>rARty L S 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 rang d 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 Contractor 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. ARTICLE DC 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 S. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreenkeu r,the City shall have the dghtto terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work rnmpteted. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This doom/err 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 iinaa vldted as an amendment to this Agreement ARTICLE XL NON-DISCRIMINATION The Operator agrees not to discriminatein its operations under this Agreement on the basis of race,color, creed age,and gender,or as otherwise prohibited by law. A breach of this covenant may be legalded as a material breach of fit Agreement. CONTRACTOR 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. In the Presence oh - 4 CONTRA NSULTANT tf r)t4ati/7 rP( -raid / 4det* 5 . , ( Pal of Contractor (Specify Title) if a Corporation.) Scott- aeclr{ch, !lrte Presadartl" (Spey' ) CITY Of OSEEKOSR By: 141 — 4.0Nta. C. jU/ . Mark A.Rohloff,City Manager �ifuie C. ao ttil t And:E - ( l l,l �_L(t- i }i ( ( ( t (Witness) Pamela B.tJbrig.City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this euitdct. Attorney / / rii:( City Comptroller ,---.—•.s, GAPEBRODPC SLAMSERT A R� CERTIFICATE OF LIA DATE DMIVOINTYYTI BILITY 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: 0 the certificate holder't Is an ADDITIONAL INSURED,the pokey flea)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns end conditions of the policy,certain policies may require an endorsement A Waterman on this certificate does not confer rights to the certificate holder In lieu of such endorsementjs). PRODUCER Mr Susan Lambert Jackson Kahl Insurance SBrncas,t1C Wa` Nc NO.err.( )823.042E wxe,e04866)218-6350 17 N noose Road Fond Du Lae,W!54935 �.susan.6timbertf§dimond ros.ean WSURER(SI AFFORDING COVERAGE MUGS *SURStA;West Bend Mutual Insurance Co. 10350 POURED INSURER B: Capella Brothers&Diedrich,Inc. NwReeC: - - - P.O.Sox 1274 Nr1RER D: Fond dM Lac,WI 54938-t274 it/SURERE: MVP:ERA; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHERDOCUMB4TVMTH 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,LOAM SHOWN MAY HAVE SEEN REDUCED BY PAID CLAIMS. T1FtoFNsueANITE AO FDuertwass IMPEDORTYYs n Rbtrr i rams A X coseaaiaw.I.T:RaIo�LweaTY EACHOCCURpREcCE $ 1,000,000 CUDVessnF 1 D OCCUR X 2282100 1/112020 1 112021 sm1Gn e-ED , S 300,000 _ SUEDEXP(Any and Person) $ ion PERSONAL a ACV IMAM S 1,000,000 C_EM. TEppCT LRRNNpR..APPUES PER GENERAL AGGREGATE $ 2,000,000 ® JE PLUGS [—TOG PRODUCTS-COMP/OP AEG S 2,1100,000 DT ER, S CCENENED A AUYONOBUPLIAjR.m ?Pa 151NGLE Uaef S 1,OD0,000 X ANYAIDO _ X 2282100 1/1/2020 11112021 scans MUM Memnon) S _ SCIIIEW AIi?rrEOppS LY AUTOSO BODILY INJURY WarWAND $ AUFOSONTY5611268E Bt° TDANAOE S S A X uaaneunuAe X ocCUR EACHOCGURRENCE S 10000,000 EXCESS Lila OAINSJAPOE X 2282100 t/1/2020 1/1/2021 AGGREGATE s 10,000,090 DED X I RETEMIIIN3 0 $ A MOOEMPLOY S camposanam TY X STATUTE 1 'PR ANYPRDPRIETORPaRTNEAIEXEcunvE YlM 0570764 1fl/2020 1f1RA21 EL EACH ACOCENT $ 1,000,000 (M 44 NeW.RER IT,irnm ® NIA 1,fI00,000 lN.�d.�rr MNH/ EL DISEASE-EA EMPLOYEE I 140MI ONaOFOPERATIONS Woe EL DISEASE-POLICY LIMITS 1,000*000 A Hired Equip 1,00 Ded 2302913 wino 1/112021 Limit of Ins 200,000 A fared Autos 2232100 1H/2020 111/2021 5100 COmp/SZSD Coll 75,000 mans O , oh Am SS/SEM aEIaconomw Iacono im,AmSRe. bae.S Sinarnr r m nun Trench Repairs, The City of DsMNrshnd its officers,council members,agents,employees and anfhonfed volunteers am Additional Insureds including Completed Operations Per Policy Forms,Conditions&Exclusions. A 30 Day Notice of Cancellation has been endorsed to the General Liability policy In favor of The City of Oshkosh. CERTIFICATE HOLDER CANCFI I ATION SHOULD ANY OF THE ABOVE DESCRIBED BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, Will BE DELIVERED et Of Oshkosh CityACCORDANCE ViMt THE POLICY PROVISIONS. City Clerk 215 Church Ave PO Box 1130 Austica E)seneteamITATNE Oshkosh,WI 54903-1130 , ..01��"s+e�� a. I ACORD 25(2016103) M 1988.205 ACORD CORPORATION. Al rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTOR'S BLANKET (BROAD FORM) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) Is amended 3. Except when required by written contract or to include as an additional Insured any person or written agreement, the coverage provided to organization whom you are required to add as an the additional insured by this endorsement additional insured on this policy under a written does not apply to: contract or written agreement e. "Bodily injury" or "property damage' oc- The written contract or written agreement must curling after. be: (1) Alt work on the project (other than 1. Currently in effect or becoming effective dur- service, maintenance or repairs) to be ing the term of this policy;and performed by or on behalf of the addi- 2. Executed prior to the"bodiy injury,""property tonal insured at the site of the covered damage," `personal injury and advertising in- operations has been completed;or jury." (2) That portion of "your work" out of B. The insurance provided to the additional insured which the injury or damage arises has is limited as follows: been put to its intended use by any 1. That person or organization is onlyan addi- person or organization other than an- r9other contractor or subcontractor en- banal insured with respect to liability arising gaged in pre Gewing operations for a out of: principal as part of the same project a. Your premises; b. "Bodily injury' or"property damage" aris- b. "Your work"for that additional insured;or mg out of acts or omissions of the addi- c. Acts or omissions of the additional insured tional insured other than in connection in connection with the general supervision withtine general supervision of your of"your work" 2 The Limits of Insurance applicable to the 4. The insurance provided to the additional addkionai insured are those specified in the insured does not apply to bodBy injury," written contract or written agreement or in the "property damage," "personal injury and ad- vertising for this policy,whichever is less. vertising injury" arising out of an architect's, These Limits of Insurance are inclusive and engineers or surveyors rendering of or fall not in addition to the limits of Insurance we to render any professional services in- shown in the Declarations. cludmg a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions;and b. Supervisory, or inspection activities per- formed as part of any related architectural or engineering actives. WE 1482 Z 06 06 West Bend Mutual Insurance Company Page 1 of 2 West Bend,Wisconsin 53095 C. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV COMMERCIAL GENERAL LIABILITY CONDI- TIONS is amended with the addition of the fol- lowing: 4. Other Insurance b, Excess insurance This insurance is excess over Any other valid and collectible insurance available to the additional insured whether primary, exrace, contingent or on any other basis unless a written contract spe- cifically requires that this insurance be ei- ther primary or primary and nth wnrbib- rrting. Mere required by written contract, we will consider any other insurance maintained by the additional insured for injury or damage covered by this en- dorsement to be excess and noncontrib- uting with this insurance. When this insurance is Prams, as a con- dition of coverage, the additional insured shall be obligated to tender the defense and indemnity of every claim or surf to a0 other insurers that may provide coverage to the additional Insured, whether on a contingent,excess or primary basis. Page 2 of 2 West Bend Mutual Insurance Company WB 1482 Z 06 06 West Bend,Wisconsin 53095 an OFF Kit mammon TENCH WAIN RRi3PASRS,LEACH AMPf TEEA1Til ravel of 1. Q CIA'IION DUMB IS moo AM,WEDNESiDAY,APRIf.IS,2W0 pros Capella Bros. &Diedrich. Inc. (bidder's company mane) — —--Wi to riled �peopose to grarelilidar cod mieedae to t aw de spedBOtiona per this RF2, Any MI of lit proposal page left blank:nay be considea3 so a norese+e..._.i*e bid. WeAddendu heeby admaw1edgtii�atpt� of and leavethoronghlyecamuKd the writtenAddeinda($)heard r� hereby price to the bid date In association with ibis project These Addenda we membered WA through _ .is ve. We Weer®dent nd that faihae to folly list the numbers of all published Addenda may Mae the Clty to reject flda bid. If no addenda wee Issued for this project pimply enter N/A•above. Base Quote Eleven Thousand Pots thiodred"Twenty fhllnts ----^ $Lt,420.0¢ (Base QuotePace-In Weds) tateSainnitmd: 0✓1 /20 erg: Capella Bros. & Diedrich, Inc.. Submitted by (nameandtitir) &mktDiedrich, President Fame address r'' ape iedrieh.ccor, Address ofCaamp,,,y., 253 B. Hickory Street. Fond du lac. WI 54435 ?ha920-921-n30 Px 4ectstad and c npWi:io dais.if andel May 71 - May 22 Project Manager forifdsproject John Buechel- Payment teems Net 30 24