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HomeMy WebLinkAboutAgreement to Construct Bear/Fox Exhibit-CR Meyer 2022 '094 RECEIVED MAY 0 3 2022 AGREEMENT TO CONSTRUCT BEAR/FOX EXHIBITCIT y CLERK'S OFFICE This Agreement is between the City of Oshkosh ("City"), the Oshkosh Area Community Foundation ("Foundation"), and CR Meyer. ("CR Meyer"). The purpose of this Agreement is to effectuate the Foundation's gift of a bear/fox exhibit to be constructed at the City's Menominee Park Zoo, the City's acceptance of such gift subject to the conditions described in this Agreement, and the hiring of CR Meyer to build the bear/fox 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. F. The Foundation and its underlying donors are desirous of contracting with CR Meyer for the construction of the bear/fox exhibit,and CR Meyer wishes to provide the requested construction services for this project. G. The construction of the bear/fox exhibit is considered a public works project by Wisconsin Statutes. However, §62.15 of the Wisconsin Statutes allows municipalities to accept donations of materials and/or labor for public construction as an exception to the requirements of the public bidding statute. In this case,both materials and labor will be donated. 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 anyconstruction documents approved byCityand Foundation. PP 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. 2.2 Subject to other terms within this Agreement regarding review and approval of requests for payment, the Foundation shall have the sole obligation to CR Meyer for the costs associated with this project. 2.3 CR Meyer shall submit monthly invoices for progress payments to the Foundation with copies to the City. The Foundation will review the invoices and pay those approved by the 15'h day of the month, or the first normal business day thereafter, the invoice was received. 2.4 The City will provide no financial contribution to the project. Were the City to provide some funding,certain recordkeeping would be required to ensure the City is in compliance with bidding statutes. Without the recordkeeping requirements, the City will be prevented from providing funding at any point in the process. Article 3—Foundation's Responsibilities 3,1 Coordinate donations received for the purpose of constructing the bear/fox exhibit on the site identified in the Menominee Park Zoo. 3.2 Receive and review bills, statements, and requests for payment from CR Meyer. 3.3 Make payments to CR Meyer for all work completed and approved on the project. 3.4 Provide accountings and other project-related information upon request by the City. 3.5 Provide, or assist in providing, all documents necessary to finalize the bear/fox exhibit gift to the City. Article 4—CR Meyer Responsibilities 4.1 Designate a representative with full and complete authority to act on CR Meyer's behalf for both the design and construction stages of this project. 4.2 Provide to the City and Foundation in writing the names of the persons or entities CR Meyer will engage as contractors for the project. 4.3 Visit the site, become familiar with local conditions, and correlate observable conditions with the requirements of the City's site plans, schedule, and the anticipated budget for the project. 4.4 Review alternative approaches to design and construction of the project with the Foundation and the City and coordinate the construction of the bear/fox exhibit. 4.5 Review the Iaws applicable to design and construction of the project and advise the City of any known conflicts between legal requirements and the proposed project plans. 4.6 Prepare and submit all design documents, design and construction budgets, and other documents necessary for the completion of the bear/fox exhibit. 4.7 Make revisions to the preliminary design documents, design and construction budgets, or other documents as directed by the Foundation and the City. 4.8 Submit to the City and the Foundation completed design documents consistent with CR Meyer's proposal attached as Exhibit A, a statement of the proposed Y P P P p contract sum, and a proposed schedule for completion of the project, for review i design approval. Design documents shall consist of preliminary and final 1 a de gn drawings, outline specifications, or other documents sufficient to establish the size, quantity and character of the bear/fox exhibit, its architectural, structural, mechanical and electrical systems, and the materials and such other elements of the project as may be appropriate. 4.9 Submit construction documents to the City and the Foundation for review and approval. Construction documents shall include drawings, specifications, and other documents and electronic data setting forth in detail the requirements for construction of the work and shall be consistent with the intent of the project, provide information for the use of those in the building trades; and include documents customarily required for regulatory agency approvals. 4.10 File applications, requests, and other documents required to obtain necessary approvals of governmental authorities having jurisdiction over the project. 4.11 Obtain all permits and approvals required from the City. City fees will be paid by the Foundation. 4.12 Promptly notify the City when all permits have been obtained to enable the project to proceed. 4.13 Provide and pay for all labor,materials,equipment, tools, construction equipment and machinery, transportation and other facilities and services necessary for proper execution and completion of the work, whether temporary or permanent and whether or not incorporated or to be incorporated in the work. 4.14 Keep the City and the Foundation informed of the progress and quality of the work. 4.15 Correct work that does not conform to the contract documents. 4.16 Pay all sales, consumer, use, and similar taxes and shall secure and pay for all building and other permits and governmental fees, except permits issued by the City, licenses and inspections necessary for the proper execution and completion of the work. 4.17 Comply with andgive notices required bylaws, ordinances, rules, regulations, PY q g and lawful orders of public authorities relating to the project. 4.18 Pay all royalties and license fees for patented designs, processes or products and shall defend all suits or claims for infringement of intellectual property rights and shall hold the City and Foundation harmless from loss on account thereof. 4.19 Coordinate with the City the space used for construction and temporary construction storage to minimize construction impact on surrounding area and to allow Menominee Park and the Menominee Park Zoo to continue operating during the project. 4.20 Keep the premises and surrounding area free from the accumulation of waste materials or rubbish caused by work related to this project. At the completion of the work, all waste materials, rubbish, tools, construction equipment, machinery, and surplus materials shall be removed from the site. 4.21 Notify the City and Foundation when CR Meyer believes that the work or an agreed upon portion thereof is substantially completed. If the City and Foundation concur, CR Meyer shall issue a certificate of substantial completion which shall establish the date. The Certificate shall include a list of items to be completed or corrected and shall fix the time within which CR Meyer shall complete items listed therein. 4.22 Maintain one record copy of the as-built drawings, specifications, product data, samples, product warranties, shop drawings, change orders, and other modifications at CR Meyer's local offices and in good order and regularly updated to record the completed construction. One copy of all of these shall be delivered to the City of Oshkosh Parks Department upon completion of construction and prior to the authorization for final payment. In addition, CR Meyer shall provide individual lien waivers from all subcontractors upon completion of the project and of the final project and prior to final payment. 4.23 Coordinate with the City, its employees, contractors, and agents in coordination of construction performed by the City or its contractors or agents. Article 5—City's Responsibilities 5.1 Designate the Director of Parks to coordinate the project, provide guidance, and make decisions on the City's behalf. 5.2 Make sufficient space available for CR Meyer and their subcontractors to construct the bear/fox exhibit,including construction storage and staging areas. The general location of the bear/fox exhibit is attached as Exhibit B. 5.2 Provide CR Meyer with full information in a timely manner regarding the requirements for the project, including the City's objectives, schedule, and constraints relating to the project. 5.3 Render decisions in a timely manner pertaining to documents submitted by CR Meyer to avoid unreasonable delay in the orderly and sequential progress of the project. 5.4 Furnish surveys or other documentation describing physical characteristics, Iegal limitations and utility locations for the site of the project. The surveys shall include, as applicable, grades and tines of streets, pavements, and adjoining property and structures, adjacent drainage, rights-of-way restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site, locations, dimensions and necessary data pertaining to existing structures, other improvements and trees,and information concerning available utility services and lines, both public and private, above and below grade. 5.5 Make available to CR Meyer all results and reports of prior tests, inspections, or investigations conducted relative to the project site involving environmental conditions and remediation at the project site which are in the City's possession. 5.6 Assist CR Meyer in securing building and other permits, licenses and other necessary approvals of governmental authorities, and inspections. Any costs or fees, other than those payable to the City of Oshkosh, shall be the responsibility of CR Meyer and are expected to be included in their Proposal. 5.7 Promptly notify CR Meyer in writing of any fault or defect in the work or nonconformity with the proposal of construction documents which the City observes or otherwise becomes aware of. 5.8 Communicate with persons or entities employed or retained by CR Meyer in connection with this project through CR Meyer. 5.9 Provide CR Meyer with a Notice to Proceed when the project is ready to begin. Article 6—Project Timing 6.1 CR Meyer shall prepare a schedule for the performance of the services under this Agreement which shall take into consideration the needs of the City and Foundation and coordination with the normal functioning of the Menominee Park Zoo and with other public projects proposed for the surrounding area. This schedule shall include allowances for periods of time required for the City's and Foundation's review and for approval of submissions by authorities having jurisdiction over the project. 6.2 Time limits stated in the contract documents are of the essence. The work to be performed shall commence upon receipt of a notice to proceed unless otherwise agreed. 6.3 Unless otherwise indicated, the parties shall perform their respective obligations as expeditiously as is consistent with reasonable skill and care and the orderly progress of the project. 6.4 Substantial completion is the stage in the progress of the work when the work or designated portion thereof is sufficiently complete in accordance with the contract documents that the City may occupy and utilize the work for its intended use. 6.5 Based upon the proposal submitted by CR Meyer,a construction schedule shall be submitted and, subject to authorized modifications, substantial completion of the entire project shall be achieved on or before December 31, 2022. 6.6 If CR Meyer is delayed at any time in the progress of the project by the actions or neglect of the City or Foundation, their employees, agents or contractors, or by changes in the work ordered by the City or Foundation, or by labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipatable, unavoidable casualties or other causes beyond the control of CR Meyer,or by delay authorized by the City or Foundation,or by other causes which the City, Foundation, and CR Meyer agree may justify delay, then the contract time shall be reasonably extended through written agreement. Article 7—Protection of Persons and Property 7.1 CR Meyer shall be responsible for initiating, maintaining, and providing supervision of all safety precautions and programs in connection with the performance of this Agreement. 7.2 CR Meyer shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: (1) employees on the work and other persons who may be affected thereby; (2) the work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody, or control of CR Meyer or CR Meyer's contractors; and (3) other property at or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. 7.3 CR Meyer shall give notices and comply with applicable laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on the safety of persons or property or their protection from damage, injury, or loss. 7.4 CR Meyer shall promptly remedy damage and loss (other than damage or loss insured under property insurance provided or required by the contract documents) to property at the site caused in whole or in part by CR Meyer, its contractors, or anyone directly or indirectly employed by them, or b anyone for whose acts they may be liable. Article 8—Correction of Work 8.1 CR Meyer shall promptly correct work rejected by the City or Foundation or known by CR Meyer to be defective or failing to conform to the requirements of the contract documents, whether observed before or after substantial completion and whether or not fabricated, installed or completed. CR Meyer shall bear the costs of correcting such rejected work, including any additional testing or inspections required thereby. 8.2 If within one(1) year after the date of substantial completion of the work, or after the date for commencement of any warranties established or agreed upon, any of the work is found to be not in accordance with the requirements of the contract documents, CR Meyer shall promptly correct the work after receipt of written notice from the City to do so. Such corrections and repairs shall be at CR Meyer's expense. 8.3 Nothing in this article shall be construed to establish a period of limitation with respect to other obligations that CR Meyer may have under this Agreement. The one year time period established in Section 13.2 relates only to the specific obligation of CR Meyer to correct the work and has no relationship to the time within which the obligation to comply with the contract documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish CR Meyer liability with respect to its' obligations other than the obligation to specifically correct the work. 8.4 If CR Meyer fails to correct nonconforming work as required or fails to carry out work in accordance with this Agreement, the City may, by written order signed by the City Manager,stop the work,or any portion thereof, until the cause for such order has been eliminated;however,the City's right to stop the work shall not give rise to a duty on the part of the City to exercise this right for the benefit of CR Meyer or other persons of entities. 8.5 If CR Meyer defaults or neglects to carry out the work in accordance with the contract documents and fails within seven (7) days after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may give a second written notice to CR Meyer and seven (7)days following receipt by CR Meyer of such second notice, the City may, without prejudice to any other remedies that it may have at law or equity, correct such deficiencies. In such case an appropriate change order shall be issued deducting from the payments then or thereafter due to CR Meyer, the costs of correcting such deficiencies. If the payments then or thereafter due are not sufficient to cover the amount of the deduction, the City shall invoice the difference to CR Meyer and CR Meyer shall pay the difference to the City within thirty (30) days of such invoice. Article 9—Termination of Agreement 9.1 This Agreement may be terminated by any party upon seven (7) days written notice to the other parties hereto should any party fail to substantially perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 9.2 This Agreement may be terminated by the City or Foundation without cause upon at least seven (7) days written notice to the other parties. 9.3 In the event of termination not the fault of CR Meyer, CR Meyer shall be compensated for services performed to the termination date, together with reimbursable expenses then due. 9.4 Once construction of this project has commenced, this Agreement may be terminated by the City or Foundation upon fourteen (14) days written notice to the other parties in the event that the project is abandoned. If such termination occurs, CR Meyer shall be compensated for work completed to the termination date, together with reimbursable expenses then due. 9.5 If CR Meyer defaults or persistently fails or neglects to carry out the work in accordance with this Agreement, the City and/or Foundation may give written notice, with copies provided to all parties to this Agreement that the party giving notice intends to terminate the Agreement. If CR Meyer fails to correct the defaults,failure or neglect within seven(7)days after being given notice, the party seeking to correct the default, failure or neglect may then give a second written notice and, after an additional seven (7) days, the City and/or Foundation may without prejudice to any other remedy terminate the employment of CR Meyer and take possession of the site and of all materials, and finish the work by whatever method deemed most expedient. If the unpaid balance of the contract sum exceeds the expense of finishing the work and all damages incurred by the Foundation and City, such excess shall be paid to CR Meyer. If the expense of completing the work and all damages incurred by the Foundation and City exceed the unpaid balance, the City shall invoice CR Meyer for the difference and CR Meyer shall pay the difference within 30 days of receipt of invoice. This obligation for payment shall survive termination of this Agreement. 9.6 If the Foundation fails to make payment when due, CR Meyer may give written notice of CR Meyer's intention to terminate this Agreement. Notice shall be given to the Foundation with a copy of such notice to be given to the City. If the Foundation fails to make payment within seven (7) days after receipt of such notice,CR Meyer may give a second written notice and,seven(7)days after receipt after such second written notice by the Foundation, CR Meyer may terminate this Agreement. If such termination occurs, CR Meyer shall be compensated for work completed to the termination date, together with reimbursement expenses then due. Article 10—Ownership and Use of Documents, Designs, and Electronic Data 10.1 Copies and other tangible embodiments of all design and construction materials, regardless of whether such materials are subject to intellectual property protection, shall be and remain the property of the City whether or not the project is commenced or completed, provided,however, that CR Meyer has been paid for such materials. 10.2 The intellectual property rights, if any, to the contents and concepts embodied in the design and construction materials, shall belong to CR Meyer or its design or construction subcontractors in accordance with their contractual relationship and may be copyrighted by them in the United States or any other country, or be subject to any other intellectual property protection. 10.3 As to those design and construction materials subject copyright, patent, trademark,or any other form of intellectual property protection, CR Meyer grants to the City and the Foundation beginning on the date that the design and construction materials are delivered to the City and Foundation, a world-wide, paid up, nonexclusive, nontransferable (except as provided) license for the entire term of intellectual property protection. The License shall allow the City and Foundation to use, reproduce and have reproduced, display and allow others to display, and publish and allow others to publish, in any manner, at any time and as often as it desires, with or without compensation, the design and construction materials without further compensation to CR Meyer or any third party holding such intellectual property interests. The foregoing rights of the City and the Foundation are subject to the following restrictions: 10.3.1 All copyright and other intellectual property rights shall remain the property of CR Meyer and/or any third party holding such rights. Those holding such rights may use any detail, part, concept, or system on any other project and to retain copies of the design and construction materials for their future use except as provided in Section 10.3. 10.3.2 The City and Foundation shall not use the design and construction materials for the construction of any other project without the prior written approval of the entity holding such intellectual property rights. Such approval shall not be unreasonably withheld. 10.3.3 Any reproduction of the protected design and construction materials, or part of them, shall be faithful and accurate to the original and of good quality. 10.3.4 The City and Foundation shall not remove or alter, and shall reproduce and prominently display on all copies made by the City and Foundation the copyright notice and any other proprietary legends. 10.4 It is understood that the City and Foundation consider the bear/fox exhibit's aggregate design expression and any distinctive individual features to be unique and of commercial value. Therefore, CR Meyer and its design subcontractors agree not to design or build, or allow other third parties the use of the materials to design or build another exhibit having a substantially similar aggregate design expression so that the average person would relate the other exhibit to the City's exhibit. However,individual features or combinations of features may be used in other projects as long as an average person would not relate the new structure to this bear/fox exhibit. 10.5 CR Meyer shall turn over to the City and Foundation all design and construction materials including, but not limited to, as-built drawings to the City within thirty (30) days from the completion of the project. Failure to do so will be considered a breach and subject to damages by the City and/or the Foundation. Article 11 —Insurance and Bonds CR Meyer and its subcontractors must hold insurance required by the City during the course of this project. CR Meyer shall not commence work under this Agreement until it has obtained all required insurance required and such insurance has been approved by the City. CR Meyer must provide proof of insurance for any subcontractors upon request of the City and/or Foundation. A copy of the insurance required is attached hereto as Exhibit C. Article 12—Indemnification 12.1 To the fullest extent permitted by law, CR Meyer shall indemnify and hold harmless the City and the Foundation, their employees, elected officials, board members, and consultants from and against claims, damages, losses, and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of CR Meyer's involvement in the bear/fox exhibit. This indemnification and hold harmless includes, without limitation, such claim, damage, loss or expense that is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property (other than the work itself), but only to the extent caused in whole or in part by negligent act of omissions of CR Meyer, anyone directly or indirectly employed by CR Meyer or anyone for whose acts CR Meyer may be liable. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph. 12.2 In claims against any person or entity indemnified under this article by an employee of CR Meyer, anyone directly or indirectly employed by CR Meyer or anyone for whose acts CR Meyer may be liable, the indemnification obligation under this article shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for CR Meyer under workers' compensation acts, disability benefit acts or other employee benefit acts. Article 13--Open Records 13.1 The City is subject to the State's open records laws regarding making certain records available to those requesting the same. Current open records laws includes not only governmental entities such as the City,but also contractors and others with whom the City has a relationship. All parties to this Agreement understand this public context in which this project will proceed and agree to abide by prevailing public records laws. 13.2 The Foundation and CR Meyer agree to make documents available to the City for review and potentially release to those requesting public records. The Foundation, CR Meyer, and the City understand and agree that the act of making records available to the City for review will not constitute that party's consent to release any particular document to the public or a waiver of any rights or protections. The act of providing a document to the City to review for applicability to public records law is not intended to turn an otherwise private document into a public document. 13.3 To the extent that the City determines that documents provided by the Foundation and/or CR Meyer are public records, the City shall notify the Foundation and CR Meyer of this conclusion and will allow five (5) business days for the Foundation and/or CR Meyer the opportunity to initiate any proceeding deemed necessary to protect their interests. 13.4 The failure of the Foundation and/or CR Meyer to cooperate with public open records requests will be considered a material breach of this Agreement. 13.5 CR Meyer public records responsibilities described in this document are limited to documents related to this project only. Article 14—Miscellaneous Provisions 14.1 This Agreement shall be governed by the laws of the State of Wisconsin. Disputes shall be resolved in the venue of Winnebago County, Wisconsin. 14.2 This Agreement shall be binding upon the parties identified in this Agreement, as well has their heirs,successors, and assigns. No party shall assign this Agreement without the written consent of all other parties. 14.3 This Agreement represents the entire Agreement between the parties and supersedes any and all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument signed by all parties, except in those circumstances described in this document where a signature is not required. 14.4 CR Meyer shall be responsible to the City for acts and omissions of any employees, subcontractors, and their agents and employees and other persons including the architect and other design professionals performing any portion of CR Meyer's obligations pursuant to this Agreement. 14.5 CR Meyer shall be responsible for all construction means, methods, techniques, sequences, and procedures, and for coordinating all portions of the work subject to this Agreement. 14.6 CR Meyer warrants that all materials and equipment furnished under the contract by it or by its subcontractors will be of good quality and new unless otherwise approved by the City and Foundation;that the construction will be free from faults and defects; and that the construction will conform to the requirements of the contract documents. Construction not conforming to these requirements shall be corrected by CR Meyer at CR Meyer's expense. 14.7 If CR Meyer is delayed at any time in the progress of the work by an act or neglect of the City, Foundation, or the employees of either, or separate contractors employed by the City, or by internal labor disputes, fire, unusual delay in deliveries, adverse weather conditions not reasonably anticipated, unavoidable casualties or other causes beyond the control of CR Meyer,or by delay authorized by the City, or by other causes that the City and CR Meyer agree may justify delay then the contract time shall be reasonably extended by change order to this Agreement. 14.8 The City may obtain independent review of the documents by a separate architect, engineer, contractor, or cost estimator. Such independent review shall be undertaken at the City's expense and in a timely manner and shall not delay the orderly progress of the Design/Builder's services. Article 15—Notices Notices required to be given under this Agreement shall be given as follows: To the City of Oshkosh: Ray Maurer Director of Parks 805 Witzel Avenue PO Box 1130 Oshkosh, WI 54903-1130 To the Oshkosh Community Foundation: Bill Wyman Oshkosh Area Community Foundation 230 Ohio Street Oshkosh, WI 54902 To CR Meyer, Inc. Kevin Fores, Vice President 895 W. 20'"Avenue Oshkosh, WI 54903 [SIGNATURE PAGE FOLLOWS] This Agreement entered in this day of 0141 41 ,2022. CITY OF OSHKOSH Mark A. Rohloff City Manager es ' al-corn � al- City C1ez_� - I • APP OVED: L n .Lorenson City Attorney CR MEYER, INC. B Kevin FIN;J • President OSHKOSH COMMUNITY FOUNDATION B Bill Wyman, President CEO ( d1VEYE? April 18, 2022 4 f 6; It City of Oshkosh Mr. Raymond Maurer Director, Parks Department 215 Church Ave PO Box 1130 Oshkosh, WI 54903-1130 Reference: Menominee Park Zoo-Bear& Fox Exhibit Budget REV1 Proposal JPT22-0001 REV1 Dear Ray: We have reviewed your project requirements and have prepared this budget proposal to complete the above referenced project per our discussions. This budget is based on a time and material basis with no mark-up. Our quote is One Million Four Hundred Thousand Dollars ($1,400,000). The scope of work is as follows: 1. Project management. 2. Full time superintendent. 3. Layout&surveying as necessary for concrete work. 4. One mobilization. 5. Locate underground utilities via ground scanning before commencing work. 6. Construction materials testing. 7. Rerouting of existing water with 2 connections per the drawings. 8. Supply& install sanitary&water utilities as shown on drawings. 9. Supply& install (1)yard hydrant. 10. Supply& install underground drain, waste, & vent piping per drawings. 11. Excavation of all foundations per the scope drawings listed in the clarifications. 12. Demo of existing French Drain on sanitary line per FEH. 13. Supply& installation of exterior site concrete as shown on the civil drawings. 14. Supply& installation of structural concrete as shown on the structural drawings. 15. Supply& installation of concrete foundations per Z102. 16. Supply& installation of approximately 1,065 SF of concrete walkway on the exterior. 17. Backfill around the foundations &footings on bear&fox building, canopy, &enclosure fencing. 18. Furnish & install (1) concrete box culvert for bear den (6' x 8' x 4') per drawings. 19. Furnish & install CMU block walls per drawings. 20. Furnish & install required wood blocking per drawings. 21. Furnish & install structural supports, roof framing, & sheathing per drawings. 22. Furnish & install entire roof system per drawings. 23. Furnish & install 1 '/2" clear Sentry viewing windows per drawings. 24. Furnish & install all aluminum framed windows per drawings. 25. Furnish & install MEP systems per drawings&specifications. 26. Furnish & install millwork per drawings &specifications. 27. Furnish & install doors, frames, & hardware per drawings &specifications. 28. Furnish & install Nett'em 2"X2"X1/8" & 2"X2"X1/16" per drawings & specifications (black oxide finish netting). 29. Furnish & install all chain-link enclosure fencing & dig barriers per drawings. 30. Furnish & install chain-link gates per drawings. 895 W 20th Avenue/PO Box 2157/Oshkosh WI 54903-2157/920.235.3350/FX 920.235.3419/crmeyer.com Oshkosh Area Community Foundation Menominee Park Zoo-Bear&Fox Exhibit Budget REV1 April 18'h,2022 31. Furnish & install pedestrian fencing per drawings. 32. Furnish & install bear den excavation and box culvert per drawings. 33. Install bear den boulders, owner furnished. 34. Furnish & install bear deadfall shelter excavation and foundations per drawings. 35. Install deadfall trees, boulders, and attachments, owner furnished. 36. Furnish & install bear pond per drawings. 37. Prepare & paint hollow metal doors &frames. 38. Painting on interior CMU walls. 39. Stain &finish exposed exterior SIPS bottom sheathing & canopy deck boards. We have specifically excluded the following: 1. Asbestos, lead, or mold remediation. 2. Bonds. 3. Certification, removal, &disposal of hazardous materials. 4. Deep foundation systems. 5. Engineering. 6. Excessive dewatering (average rainfall has been accounted for). 7. Fire protection. 8. Landscaping &vegetation installation. 9. Liquidated & consequential damages. 10. Local building permits &fees. 11. Mark-up (for budgeting purposes). 12. Multiple mobilizations. 13. Structural support for the information board on 2/A4.1. 14. Supply of deadfall trees, boulders, or attachments for the deadfall shelter. 15. Supply of bear den boulders. 16. Temporary facilities. 17. Unsuitable soils. 18. Weekend or holiday premium pay. 19. Winter Conditions. 20. Work associated with "relocated electrical line" on C5.0. Assumptions I Clarifications: 1. Due to the volatility of markets, all materials costs & delivery lead times will be updated at the time of delivery. 2. This budget is based on the issued for permit drawings &specifications listed below: a. General: TS, AG1.1, AG1.2 (dated 3/1/2022). b. Civil: C2.0, C3.0, C4.0, C5.0, C6.0, C6.1, C7.0 (dated 3/1/2022). c. Architectural: A1.2, A2.1, A4.1, A5.1, A6.1 (dated 3/1/2022). d. Structural: SO.1, SO.3, SO.4, S1.0, S2.0 (dated 3/1/2022). e. Zoo: Z100, Z101, Z102, Z103 (dated 3/1/2022). f. Plumbing: P0.0, P1.1, P5.0, P6.0, P7.0 (dated 3/1/2022). g. Mechanical: MO.0, M1.1, M5.0 (dated 3/1/2022). h. Electrical: E0.0, E0.1, E1.1, E6.0 (dated 3/1/2022). i. MPZ Fox & Bear Exhibit Specifications (dated 3/1/2022). 3. We are assuming construction will start spring 2022. No winter construction conditions have been budgeted. 4. Due to the note on C5.0, "Proposed 3/"water line for bear pen water feature location & length of waterline to be determined", 30 LF of 3/4" copper water line has been budgeted. 5. No given lengths for stormwater pipes given. Work to be performed on a time & material basis. 6. Concrete broom finish is assumed for all exterior concrete. 7. Exterior slab-on-grade has been budgeted with a depth of 6". 8. Exterior slab-on-grade has been budgeted to receive a 15 MIL vapor barrier below it, similar to the interior slab-on-grade. Page 2 of 3 LYE? Oshkosh Area Community Foundation Menominee Park Zoo—Bear&Fox Exhibit Budget REV1 April 18'",2022 9. Detail 5/A5.1 shows 2" rigid insulation in the foundation wall, 3" rigid insulation has been budgeted for all foundation walls. 10. Masonry scope as listed below: a. 4" thick split face masonry block has been budgeted as "Sienna Cream" color. b. ALL other masonry has been budgeted as standard CMU color. c. Only the mortar for the 4"thick split face masonry block is budgeted to be a special color. d. ALL other mortar for masonry block has been budgeted as standard mortar. e. 4" thick split face concrete blocks do not come in bond beam blocks (per County Materials). These blocks have not been included. f. One control joint per face of the building has been budgeted. No other joints have been included. g. 6"split face CMU on exterior wing walls have been budgeted as standard color. These walls have been budgeted as just one layer of split face CMU no cuts through walls shown. 11. Ceiling has been budgeted to be exposed. 12. Electrical panel delivery lead times are currently at 46 to 51 weeks. (Used equipment may be located with reduced lead time) 13. HVAC equipment has a current delivery lead time of 32 weeks & has been increasing weekly. Thank you for the opportunity to provide you with this proposal. We are looking forward to working with you on this project. Please feel free to call if you have any questions. Respectfully, 1)b.anyy\ j.tivymly Jason Timm Project Coordinator J PT/clw Cc: Kevin Fores, CR Meyer Jeremy Wagner, CR Meyer Megan Harley, CR Meyer Page 3 of 3 (JY? , . ..._ -... -4•-•:::.tr '-':'-:71.' •• .. ' ' .--"'',- ' ' '. •-V--''''i'ti •-.• ti ,,,-rfAr'..-e..r. • / 7- '..::',."... -""•§4k,...-1-. ''••••••• -•,,,•,,,-,;f•f..,.,1..... .., , -, - V;'-,. 14,ie,.'4'...:-k.lf"•'''', '-'4 .. ,. •-.d //.... .., . .• ..- ....) k*- ; ,• \ ' ' , \;,.;V:•-...,"..irk \ 4-, . "._'',-' •"--; .q.., - t,..',4"....,,,,... ft.--4PFt.-.,z.-. k.:%.•^... . I ••••P'....'...:-', ' Ma • , \ l'''.4.., --•-•,;c'....,... 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'.-q* ..74- ‘..P .„ ' ' -,.., ,,,.. • ' ;b4.4,. . , - . . \,....,. . • 'I..- .,:, ' ..-,:.!,',.. ..,-.71..i.-• , /. - --. - .--.;-_,... - %.,..T; -<....•• • 'z.,, .'1 :.;:•'ilkAttk_414 s' ':::7P,_;..,„ 42 1 , F C 40; City of Oshkosh Insurance Requirements for the City of Oshkosh Revised: April 26, 2022 Revised: April 11, 20222 Revised: February 1, 2022 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 4/26/22 City of Oshkosh Insurance Requirements INTRODUCTION The City's Insurance Requirements describe the insurance required, some of which identify the risks to be covered and allow the Contractor and its Insurer some flexibility in covering those risks. The City will not be reviewing each and every detail of the Contractor's policy, but expects that the required coverage exists. The City's action, or inaction, of allowing the contract to proceed does not act as a waiver of any insurance requirement or an alteration of any required term of the contract. To the contrary, the City relies on the affirmations of the Contractor and to the extent that such affirmations are false, misleading, or in error, the City reserves the right to, in addition to enforcement of contract requirements, the ability to pursue any false, misleading, or erroneous affirmations. 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. 4/11/22 CITY OF OSHKOSH INSURANCE REQUIREMENTS I. CONTRACTOR'S INSURANCE WITH CONSTRUCTION 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. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY, BONDS & PROPERTY A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products—Completed Operations) per project $2,000,000 4. Products—Completed Operations aggregate $2,000,000 5. Fire Damage limit—any one fire $50,000 6. Medical Expense limit— any one person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)"if" the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of$1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products —Completed Operations coverage must be carried for two years after acceptance of completed work. B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol#1—"Any Auto" basis. C. Workers' Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen's and Harbor Workers Act coverage. D. Umbrella Liability providing 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. I - 1 4/11/22 E. Aircraft Liability, "if" the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of $3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. F. Builder's Risk / Installation Floater / Contractor's Equipment or Property - The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. 1. The "property" insurance amount must be at least equal to the bid amount, plus or minus any change orders. It must also include value of Engineering or Architect fees relating to the property. 2. Covered property will include property on the project work sites, property in transit, and property stored off the project work sites. 3. Coverage will be on a Replacement Cost basis. 4. The City of Oshkosh, City of Oshkosh Consultants, architects, architect consultants, engineers, engineer consultants, contractors, and subcontractors will be added as named insureds to the policy. 5. Coverage must be written on a "special perils" or "all risk" perils basis. Coverage to include collapse. 6. Coverage must include coverage for Water Damage (including but not limited to flood, surface water, hydrostatic pressure) and Earth movement. 7. Coverage must be included for Testing and Start up. 8. If the exposure exists, coverage must include Boiler& Machinery coverage. 9. Coverage must include coverage for Engineers and Architects fees. 10. Coverage must include Building Ordinance or Law coverage with a limit of at least 5% of the contract amount. 11. The policy must cover/allow Partial Utilization by owner. 12. Coverage must include a "waiver of subrogation" against any named insureds or additional insureds. 13. Contractor will be responsible for all deductibles and coinsurance penalties. G. Also, see requirements under Section 3. I - 2 4/11/22 H. Bond Requirements Bond forms acceptable by the City of Oshkosh are found on the last 6 pages of this document. 1. Bid Bond. Bids that are $25,000 or greater will require the contractor to provide to the owner a Bid Bond, which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 2. Payment and Performance Bond. If awarded the contract, bids that are $25,000 or greater will require the contractor to provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract's execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 3. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. 3. APPLICABLE TO CONTRACTORS/SUBCONTRACTORS/ SUB-SUB CONTRACTORS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk —City of Oshkosh. I - 3 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/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 endorsement(s). PRODUCER CONTACT Insurance Agency contact NAME: Insurance Agent's information,including street PHONE contact information. FAX address and PO Box if (NC.No.Ext)- i(A/C.No): applicable. E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: ABC Insurance Company NAIC# INSURED lnsured's 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. ILTR TYPE OF INSURANCE N VA ID I WD POLICY NUMBER I (MIDD/YYY) I (MM DD/YYY) I LIMITS GENERAL LIABILITY I EACH OCCURRENCE $1,000,000 ®COMMERCIAL GENERAL LIABILITY ® ❑ General Liability Policy Number Policy effective and expiration date. PREMISES DAMAGETO(Ea occuRENTEDrcence) $50,000 A (ij CLAIMS-MADE ®OCCUR MED EXP(Any one person) $5,000 ® ISO FORM CG 20 37 OR EQUIVALENT PERSONAL ADV INJURY $1,000,000 �❑ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS—COMP/OP AGG $2,000,000 I❑POLICY I7I7O I1LOC $ AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT (Ea accident) I $1,000,000 ®ANY AUTO ❑ Auto Liability Policy Number Policy effective and expiration date] BODILY INJURY(Per person) I $ B ❑ALL OWNED ❑ SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ ❑ NON-OWNED PROPERTY DAMAGE HIRED AUTOS —1 AUTOS (Per accident) $ ❑ — $ ElUMBRELLA LIAB ®OCCUR El ❑ EACH OCCURRENCE $2,000,000 A ❑EXCESSLIAB ❑ CLAIMS-MADE Umbrella Liability Policy Number Policy effective and expiration date. AGGREGATE $2,000,000 ❑IDED Ell RETENTION$10,000 I I $ C AND EMPLOYE RS'L ABILI Y ❑ ❑ ® WC STATU- ❑ OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE TORY LIMITS ER OFFICElMEMBER EXCLUDED? Y l N Workers Compensation Policy Polley effective and expiration date. E.L.EACH ACCIDENT $100,000 (Mandatory in NH) N Number If yes,describe under E.L.DISEASE—EA EMPLOYEE $100,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE—POLICY LIMIT $500,000 ❑ ❑ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Additional Insureds per attached endorsements. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days'prior written notice has been given to the City Clerk—City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh,Attn:City Clerk insurance Standard I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue THE EXPIRATION DATE,THEREOF,NOTICE WILL BE DELIVERED IN PO Box 1130 SAMPLE CERTIFICATE 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 CERTIFICATE OF PROPERTY INSURANCE DATE(MM/DD/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. If this certificate is being prepared for a party who has an insurable interest in the property,do not use this form. Use ACORD 27 or ACORD 28. PRODUCER CONTACT Insurance Agency contact NAME: Insurance Agent's iFAX information,including street PHONE contact information. • address and PO Box if (A/C.No.Ext): I(A1C.No): applicable. E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: ABC Insurance Company NAIC# INSURED Insured's contact information, INSURER B: XYZ Insurance Company NAIC# including name,address and phone number. INSURER C: INSURER D: Insurer(s)must have a minimum A.M.Best rating ofA- and a Financial Performance Rating of VI or better. INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: LOCATION OF PREMISES!DESCRIPTION OF PROPERTY (Attach ACORD 101,Additional Remarks Schedule,if more space is required) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR TYPE OF INSURANCE I POLICY NUMBER I DATE(MMIDDIYYY) I DATE(MM(DDIYYY) 171 PROPERTY One or the other..depends on ® $ See#1 on type of job being done. �, BUILDING I ACORD 101 iCAUSES OF LOSS DEDUCTIBLES '®I PERSONAL PROPERTY $ following page_ A form on ❑iBASIC BUILDING Contractor's responsible for ALL ❑ BUSINESS INCOME $ I—I $ deductibles i❑BROAD CONTENTS ❑ EXTRA EXPENSE $ '�SPECIAL $ ❑ RENTAL VALUE $ I®IEARTHQUAKE $ I❑I �� BLANKET BUILDING $ WIND L$ Property Policy Number Policy effective and expiration date. ❑ BLANKET PERS PROP $ M IFLOOD $ ❑ BLANKET BLDG&PP $ ❑ $ I❑ 1 $ 701 $ I b $ ❑INLAND MARINE TYPE OF POLICY 0 $ CAUSES OF LOSS I❑j $ ElNAMED PERILS POLICY NUMBER '❑ _ $ IllII $ 7 CRIME LI $ TYPE OF POLICY '❑ $ ❑ I $ B INIBOILERB MACHINERY I 1 I❑ $ EQUIPMENT BREAKDOWN Boiler&Machinery Policy Number Policy effective and expiration date.l $ If exposure exists I ❑' - 1 $ -- - 41 SPECIAL CONDITIONS I OTHER COVERAGES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) See attached ACORD 101 form CERTIFICATE HOLDER CANCELLATION City of Oshkosh,Attn:City Clerk Insurance Standard I 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. ©1995-2009 ACORD CORPORATION. All rights reserved. ACORD 24(2009/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ACC,RE ` Page 1 of 1 ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Name of Insurance Agency Name of Insured, including address POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 24 FORM TITLE: CERTIFICATE OF PROPERTY INSURANCE 1. The "property" insurance amount is at least equal to the bid amount, plus or minus any change orders. It also includes value of Engineering or Architect fees relating to the property. 2. Covered property includes property on the project work sites, property in transit, and property stored off the project work sites. 3. Coverage is on a Replacement Cost basis. 4. The City of Oshkosh, City of Oshkosh Consultants, architects, architect consultants, engineers, engineer consultants, contractors, and subcontractors are added as named insureds to the policy. 5. Coverage is written on a "special perils" or"all risk" perils basis. Coverage includes collapse. 6. Coverage includes coverage for Water Damage (including but not limited to flood, surface water, hydrostatic pressure) and Earth movement. 7. Coverage is included for Testing and Start up. 8. If the exposure exists, coverage includes Boiler& Machinery coverage. 9. Coverage includes coverage for Engineers and Architects fees. 10. Coverage includes Building Ordinance or Law coverage with a limit of at least 5% of the contract amount. 11. The policy covers/allows Partial Utilization by owner. 12. Coverage includes a "waiver of subrogation" against any named insureds or additional insureds. 13. Contractor is responsible for all deductibles and coinsurance penalties. Insurance Standard 1 SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. 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 Hated 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 I 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: Po11cy# 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 I 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 ❑ BID BOND CITY OF OSHKOSH Contract Number Bond Number Date Bond Executed (Date of Contract or Later) PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization ❑ Individual ❑ Partnership ❑ Corporation State of Incorporation SURETY(IES) (Legal Name(s) and Business Address(es)) Penal Sum of Bond OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the amount of the penal sum identified above if the Owner accepts the bid of this Contractor within the time specified in the bid documents or within such time period as may be agreed upon between the Owner and the Contractor, and the Contractor shall fail to execute the Contract within five (5) business days of written notice to the Contractor and Surety of Owner's intent to make a claim upon this Bond. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. If the Contractor either enters into a contract with Owner in accordance with the terms of the bid and gives such bond(s) that may be specified in the bidding documents for the faithful performance of the Contract and for the prompt payment of labor, materials and supplies furnished for the purpose thereof; or pays to the Owner the difference between the amount specified in the bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered in such bid, then the Surety and the Contractor shall have no obligation under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (Hi) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Name of Principal/Contractor Name of Surety Title Title PAYMENT BOND CITY OF OSHKOSH Contract Number Bond Number Date Bond Executed (Date of Contract or Later) PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Type of Organization ❑ Individual ❑ Partnership ❑ Corporation State of Incorporation SURETY(IES) (Legal Name(s) and Business Address(es)) Penal Sum of Bond OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Contract identified above, which is incorporated herein by reference, subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend, indemnify and hold harmless the Owner against such claim, demand, lien or suit. Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of any undisputed amount claimed. Surety shall not be obligated to the Owner, claimants or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Name of Principal/Contractor Name of Surety • Title Title PERFORMANCE BOND CITY OF OSHKOSH Contract Number Bond Number Date Bond Executed (Date of Contract or Later) PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Organization ❑ Individual ❑ Partnership ❑ Corporation State of Incorporation SURETY(IES) (Legal Name(s) and Business Address(es)) Penal Sum of Bond OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above, which is incorporated herein by reference. This Bond shall cover any work performed during initial construction and any warranty period required by the Contract. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after: 1. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the Contractor in default of the Contract. Within five (5) business days of the Owner's notice, either the Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested, the conference shall be scheduled to take place at Owner's principal place of business or another agreed upon location within five (5) business days of the request for conference. If the Owner, Contractor and Surety agree, the Contractor may be allowed a reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, if any, to subsequently declare the Contractor in default; 2. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and 3. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perform the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the following actions: 1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract; 2. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract; or 5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety perform its obligations under this Bond. Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2 above, Surety's liability shall be limited to the amount of this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) upon delivery if delivered by priority, registered or certified mail through the United States Postal Service; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. The above obligation is void if the Contractor performs and fulfills all the terms, conditions and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor. Name of Principal/Contractor Name of Surety Title Title