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. . .'' RECENE
Y CLERK'S OFFICE
AGREEMENT TO CONSTRUCT BEAR/FOX EXHIBIT
"Ci „ , the Oshkosh Area
This Agreement is between the City of Oshkosh ("City"),� )er„� The purpose of
Community Foundation ("Foundation"), and CR Meyer. ("CRY
this Agreement is to effect
uate the Foundation's gift of a bear/fox exhibit to be co cst oc h
at the City s
Menominee Park Zoo, the City's acceptance of such build the bear/foxth
conditions described in this Agreement, and the hiring of CR Meyer to
exhibit.
RECITALS
A. The City has identified an area at the Menominee Park Zoo that is available and
suitable for construction of a bear/fox exhibit in the City of Oshkosh.
B. The Foundation, City, and CR Meyer have discussed various options for the
construction of a bear/fox exhibit, and have concluded that an appropriate and
desirable exhibit will cost approximately$1,400,000.
C. The Foundation has received substantial donations that will cover the cost of
constructing a bear/fox exhibit at the Menominee Park Zoo.
D. The City will not be contributing any funds for this project but is a party to this
agreement as the exhibit will be constructed on City property and will be a gift to
the City from the donors.
E. The Foundation seeks to undertake the construction of the bear/fox exhibit on the
identified City property and to provide the resulting product as a gift to the City.
THEREFORE, in consideration of the mutual covenants of each of the parties as
described in this document, the parties do hereby agree to the following terms and
conditions:
AGREEMENT
Article 1 —Contract
1.1 The parties' Agreement is, and shall continue to, be in writing, and includes:
1.1.1 this document, and all attachments including, without limitation, CR Meyer's
proposal which is attached as Exhibit A; and
1.1.2 any written addenda to the Proposal as agreed upon by all parties;and
1.1.3 any construction documents approved by City and Foundation.
1.2 The parties' Agreement may be modified through written amendment of this
Agreement. Amendments include change orders or other methods provided they
are in writing and agreed to by all parties. A series of documents, such as emails,
may constitute approved changes without signatures to the extent these writings
clearly reflect an Agreement of the parties.
1.3 Any conflict in terms between this document and the CR Meyer proposal attached
as Exhibit A shall be resolved in favor of the terms of this document.
Article 2—Contract Amount and Project Funding
2.1 The Foundation agrees to pay CR Meyer One Million Four Hundred Thousand
and NO/100 Dollars ($1,400,000) for the construction of the bear/fox exhibit at the
City's Menominee Park Zoo as generally described in their proposal attached
hereto as Exhibit A. The actual project cost may vary due to material availability
and cost. CR Meyer will invoice the Foundation for labor and equipment at their
current rates when the work is performed.Subcontract work and material costs
will be passed through without markup. The City, as the recipient of the
Foundation's bear/fox exhibit gift, constructed on City property, is an interested
party in the Agreement between the Foundation and CR Meyer.