Loading...
HomeMy WebLinkAboutBONDS-Contract Grand Opera Lift Access ElevatorPERFORMANCE BOND CITY OF OSHKOSH Contract Number - Project No. 23006M Bond Number S038961 Date Bond Executed (Date of Contract or Later) June 28, 2023 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Access Elevator, Inc. 1995 E. Norse Avenue Cudahy, WI 53110-2856 SURETY(IES) (Legal Name(s) and Business Address(es)) Employers Mutual Casualty Company 1815 S. Meyers Road, Suite 500 Oakbrook Terrace, IL 60181 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION Type of Organization ❑ Individual ❑ Partnership ® Corporation State of Incorporation Wisconsin Penal Sum of Bond Thirty One Thousand Nine Hundred Seventy One Dollars and Zero Cents ($31,971.00) Project: City of Oshkosh, Grand Opera House Vertical Lift Replacement Location: 1000 High Avenue, Oshkosh, WI 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: 4. 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; 5. The Owner declares the Contractor in default and notifies the Surety of the declaration of default; and 6. 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: 6. Arrange for the Contractor, with consent of the Owner, to perform and complete the Contract; 7. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 8. 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. 9. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract; or 10. 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. Access Elevator, Inc. Employers Mutual Casualty Company Name of Principal/Contractor Name of Surety Title Denise Perrotta Attorney -in -Fact PAYMENT BOND CITY OF OSHKOSH Contract Number - Project No. 23006M Bond Number 9038961 Date Bond Executed (Date of Contract or Later) June 28, 2023 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Access Elevator, Inc. 1995 E. Norse Avenue Cudahy, WI 53110-2856 SURETY(IES) (Legal Name(s) and Business Address(es)) Employers Mutual Casualty Company 1815 S. Meyers Road, Suite 500 Oakbrook Terrace, IL 60181 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION Type of Organization ❑ Individual ❑ Partnership ® Corporation State of Incorporation Wisconsin Penal Sum of Bond Thirty One Thousand Nine Hundred Seventy One Dollars and Zero Cents ($31,971.00) Project: City of Oshkosh, Grand Opera House Vertical Lift Replacement Location: 1000 High Avenue, Oshkosh, WI 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. Access Elevator, Inc. Employers Mutual Casualty Company Name of Principal/Contractor Name of Surety Title Denise Perrotta Attorney -in -Fact AFEMC P.O. Box 712 - Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union insurance Company of Providence, an Iowa Corporation 4, Illinois EMCASCO Insurance Company, an Iowa Corporation 5, Dakota Fire Insurance Company, a North Dakota Corporation 6. EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as 'Companies", each does, by these presents, make, constitute and appoint: DENISE PERROTTA its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s): Surety Bond Principal: Obligee: Number ACCESS ELEVATOR, INC. CITY OF OSHKOSH S038061 Inan amount not exceeding Three Million Dollars .............................. .......................................... ............... .............................................................. $3,000,000,00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomay is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey-in-fact at any time and revoke the power and authority given to him or her. Attomeys-in-fact shall have power and authority, subject to the terms and limitations of the power-of-attomey Issued to them, to execute and deliver on behalf of the Company, and to allach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attome&-fact shall be fully and in all respects binding upon the Company, Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be 22nd day of September , 2022 . Seals Or INBUrrrr., `��pO ht ,4+1 �pSG,rnrr�N ,'. :�4iadlrrrr,'�,pr �Y_J pPV$ rim' i �`Jr PPOR rr,0 : Q .`o pPOR a�Fr Gri x SEAL ; ; ; x 1863EQ+; a = i o 21953� j = IOWA fit, `� SURANC 'O 95 94,v" Uf At qO i, . Will CF rry : �0�,r I"" � ,� • oPPOq���r : R�,O�gPOR�rG ,: SEAL o SEAL SEAL SEAL 01 4, rer,nr �(P �� •.• �rrrru r`r0y�r'p ,Irrrr iIovob ol` ,"I,5!lrnOAM.,,,J •rrr,rtifGINES`,rr�.0 EKATW L04i1*ipCrt� �Qo�riMfori NrimFWt!�4 for each by their officers as shown, and the Corporate seals to b hereto affixed this ?oft R. Jean, P e ident & CEO Todd Strother, Executive Vice President f Company 1; irman, President Chief Legal Officer & Secretary of & CEO at Com Hies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6 On this 22nd day of September 2022 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that they are, and are known to me to be the CEO, Chairman, President, Executive Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies above; that the seals affixed to this instrument are the seals of said corporations; that said Instrument was signed and sealed on behalf of each of the Companies by authority of their respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such officers, acknowledged the execution of said Instrument to be their voluntary act and deed, and the voluntary act and deed of each of the Companies. My Commission Expires October 10, 2025. q�Q,"O� Amid Notary Publi In and for the State of owa CERTIFICATE I, Ryan J, Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto an 22nd day of September , 2022 , are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 27th day of July 2023 Vice President 7851 (9-22) S038961-NA M6242 957 AC 007412 "For verification of the authenticity of the Power of Attorney you may call (515) 345.7648," CITY OF OSHKOSH Contract Number- Project No. 23006M Bond Number S98-76-54 Date Bond Executed (Date of Contract or Later) June 13,2023 PRINCIPAL/CONTRACTOR (Legal Name and Business Address) Access Elevator, Inc. 1995 E. Norse Avenue Cudahy, WI 53110-2856 SURETY(IES) (Legal Name(s) and Business Address(es)) Employers Mutual Casualty Company 1815 S. Meyers Road, Suite 500 Oakbrook Terrace, IL 60181 OWNER (Legal Name and Business Address) CITY OF OSHKOSH 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION Type of Organization ❑ Individual ❑ Partnership ® Corporation State of Incorporation Wisconsin Penal Sum of Bond: Five Percent of Base Bid Project: City of Oshkosh, Grand Opera House Vertical Platform Replacement Location: 1000 High Avenue, Oshkosh, WI 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; (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. Access Elevator, Inc. Employers Mutual Casualty Company Name of Surety Q Title Denise Perrotta Attorney -in -Fact P.O.AVEMC Box 712 • Des Moines, Iowa 50306-0712 INSURANCE POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3, Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 6, EMC Property & Casualty Company, an Iowa Corporation hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint; DENISE PERROTTA its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the Bid Bond Inan amount not exceeding Three Million Dollars ............ ......................................................................................................................................... $3,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power -of -Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the first regularly scheduled meeting of each company duly called and held in 1999: RESOLVED; The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF, the Companies have caused these presents to be sig d for each by their officers as shown, and the Corporate seals to be hereto affixed this 22nd day of September 2022 . Seals {,�, , Y; ,'�',, ott R, Jean, P Ident & CEO Todd Strother,Executive Vice President C,ti, ; ;Ryc of Company 1; � Irman, President Chief Legal Officer & Secretary of ~SEAL K1863� ` & CEO of Comp< ies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6 = ^' = � � 1963 = - " ' ;°;'a "'' %� • '' `' ' 'r'' ' On this 22nd day of September 2022 before me a Notary Public in and for the State of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn, did say that the are, and are known to me to be the CEO, Chairman, President, Executive Y Vice President, Chief Legal Officer and/or Secretary, respectively; of each of the Companies - :SEAL ; ; r ; SEAL Y :SEAL = above; that the seals affixed to this instrument are the seals of said corp orations, that said instrument was signed and sealed on behalf of each of the Companies by authority of their " ',; •,,,,��,.)L),; respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such p,�Rhi prp,4, ,. —0 ""' officers, acknowledged the execution of said instrument to be their voluntary act and deed, and the voluntaryact and deed of each of the Companies. KATHY LOVERIDGE My Commission Expires October 10, 2025, r my `'cam, Nwnba 730769 od vhva October t0, 2015 PbliaoNannd for the Stale o11&wa CERTIFICATE I, Ryan J. Springer, Vice Prosident of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney Issued pursuant thereto on 22nd day of September , 2022 , are true and correct and are still in full force and effect. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 13th day of June 2023 �' ✓/���t��� Vice President Bo22415-NA M6242 997 A 000000 th, m ;y r.1 DocuSign Envelope ID: 11FD0071-319E-AA35-BCF3-F4BBCO281DF4 COPY CONTRACTOR AGREEMENT: GRAND OPERA HOUSE VERTICAL PLATFORM LIFT REPLACEMENT CITY OF OSHKOSH GENERAL SERVICES DIVISION THIS AGREEMENT, made on the 28th day of JUNE, 2023, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and ACCESS ELEVATOR INC., 1995 E. NORSE AVENUE, CUDAHY, WI 53110, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: A. This Instrument B. Proposal Solicitation C. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (THOMAS FREDA, ACCESS ELEVATOR) City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.cl.oshkosh.wi.us DocuSlgn Envelope ID: 11FD0071-319E-4435-BCF3-F48BCO281DF4 B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City s Za provided with a resume or other information for any proposed substitute an h b PY E� opportunity to interview that person prior to any proposed change. ARTICLE Ed. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (MIKE BLANK, FACILITIES PROJECT COORDINATOR) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project titled "GRAND OPERA HOUSE VERTICAL PLATFORM LIFT REPLACEMENT" dated May 11, 2023 and the contractor's bid form and materials attached. 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 RESPONSIBLI TIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by the timelines established in the bid specifications. Any changes to the completion date(s) must be agreed upon by both parties in writing. ARTICLE VH. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $31,971.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Fee schedules shall be firm for the duration of this Agreement. i. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If DocuSign Envelope ID: 11 FDO071-31 9E-4435-BCF3-F4BBCO281 DF4 any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding pay nent ii. Additional Costs. Costs for additional services shall be negotiated and s tro" e amendment to this agreement executed by both parties prior to procee re-Yo covered under the subject amendment. ARTICLE VI[l. STANDARD PROVISIONS The CONSULTANT agrees in all hiring or employment made possible by or resulting from this agreement, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ARTICLE D(. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE X. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. ARTICLE M. TERMNATION C. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. D. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph; then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and - any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. Signatures, By placing their signatures below, each individual affirms that the entity they represent is authorized to enter into this Agreement, and further affirm that they are authorized , DocuSign Envelope ID: 11FD0071-319E-4435-BCF3-F4BBCO281DF4 Grand Opera House — Vertical Platform Lift Replacement SECTION 004113 — BID FORM — STIPULATED SUM (SINGLE — CONTRACT) To: Oshkosh City Manager c/o City Clerk's Office, City Hall 215 Church Avenue P,O, Box 1130 Oshkosh WI54903-1130 Project: Grand Opera House— Vertical Platform Lift Replacement Date; G IG " 2.2). Submitted by: 9�L M, GRPc'Fj::� COPY (full name & address) F,C.E55 rRLEV &TWA tggS e, Nof*( AEI , C AAA -WY, wx 53.1 is 1, OFFER Having examined the Place of The Work and all matters referred to in the General Information, Instructions to Bidders and the Contract Documents prepared by T.R. Karrels & Associates, S,O, for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of: $ 31, R7' .V) dollars, in lawful money of the United States of America. We have included the security deposit as required by the Instructions to Bidders. All applicable federal and local taxes are Included in the Bid Sum. 2, ACCEPTANCE This offer shall be binding for thirty-five calendar days following the bid opening date, unless we, the Bidder, upon the request of the purchasing agent, agree to an extension. of If this bid is accepted by the Owner within the time period stated above, we will; ■ Furnish the required bonds within seven days of receipt of acceptance of this bid, ■ Commence work within seven days after written acceptance of this bid, If this bid is accepted within the time stated, and we fail to commence the Work or we fail to provide the required bonds, the security deposit shall be forfeited as damages to the Owner by reason of our failure, limited in amount to the lesser of the face value of the security deposit or the difference between this bid and the bid upon which a Con- tract is signed. In the event our bid is not accepted within the time stated above, the required security deposit will be returned to the undersigned, in accordance with the provisions of the Instructions to Bidders; unless a mutually satisfactory ar- rangement is made for its retention and validity for an extended period of time, BID FORM— STIPULATED SUM (SINGLE— CONTRACT) 004113 - I DocuSign Envelope ID: 11FD0071-319E-4435-BCF3-F4B8CO281DF4 Grand Opera House — Vertical Platform Lift Replacement 3, CONTRACT TIME Tom kL- If this Bid is accepted, we will: r wak3 ■ Commence the Work by (date) 1 Qr�IDj,�Lti RQV1 put 0� Gib D� Osh� Sr.�lec�w�Q ■ Complete the Work by (date) (Work must be completed by September 1,2023). 4, CHANGES TO THE WORK When the Designer establishes that the method of valuation for Changes in the Work will be net cost plus a percent- age fee in accordance with General Conditions, our percentage fee shall be: ,0Opercent overhead and profit on the net cost of our own Work; percent on the gross cost of work done by any Subcontractor. On work deleted from the Contract, our credit to the Owner shall be the Designer approved net cost plus 1 5%of the overhead and profit percentage noted above. 5. ADDENDA The following Addenda have been received. The modifications to the Bid Documents noted below have been con- sidered and all costs are included in the BId Sum. Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated 6. CONTACT INFORMATION Please provide the following contact information for project management and the authorized person for contract execution: Project Manager assigned to project: (name) `rh0mh5 R �t ka (email) 'E'�rta at Q ■ Individual authorized to execute contracts via DocuSign: (name) N I �ev'e (email) "OPG1- cJk6pbC'i'q"O-.SS. Cool BID FORM —STIPULATED SUM'(SINGLE—CONTRACT) 004113 -2 DocuSign Envelope ID; IIFD0071-319E-4435-BCF3-F4BBCO281DF4 Grand Opera House — Vertical Platform Litt Replacement 7. BID FORM SIGNATURES The Corporate Seal of N(4Es5 Q eyafrr- (Bidder — print the full name of your firm) Was hereunto affixed In the presence of: RV-"'t1 'wr (Authorized sig officer) Title) (Seal) (Authorized signing officer) Title) (Seal) If the bid is a joint venture or partnership, add additional forms of execution for each member of the joint venture in the appropriated form or forms as above, END OF SECTION 004113 BID FORM — STIPULATED SUM (SINGLE — CONTRACT) 004113 - 3 DocuSign Envelope ID: 11 FD0071-319E-4435-BCF3-F4BBCO281 DF4 Grand Opera House —Vertical Platform Lift Replacement SECTION 004113 — BID FORM — STIPULATED SUM (SINGLE — CONTRACT) To: Oshkosh City Manager c/o City Clerk's Office, City Hall 215 Church Avenue P.O. Box 1130 Oshkosh WI 54903-1130 Project: Grand Opera House — Vertical Platform Lift Replacement Date: (; — 23 Submitted by: (full name & address) pCC.E55 rRLEJ k?0IP, tga5 �. Noy A ► , C4,DA.)+Y w:r $3.110 1. OFFER Having examined the Place of The Work and all matters referred to in the General Information, Instructions to Bidders and the Contract Documents prepared by T.R. Karrels & Associates, S.C. for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of: $ 31 , R�7 dollars, in lawful money of the United States of America. We have included the security deposit as required by the Instructions to Bidders. All applicable federal and local taxes are included in the Bid Sum. 2. ACCEPTANCE This offer shall be binding for thirty-five calendar days following the bid opening date, unless we, the Bidder, upon the request of the purchasing agent, agree to an extension. ■ If this bid is accepted by the Owner within the time period stated above, we will: ■ Furnish the required bonds within seven days of receipt of acceptance of this bid. ■ Commence work within seven days after written acceptance of this bid. If this bid is accepted within the time stated, and we fail to commence the Work or we fail to provide the required bonds, the security deposit shall be forfeited as damages to the Owner by reason of our failure, limited in amount to the lesser of the face value of the security deposit or the difference between this bid and the bid upon which a Con- tract is signed. In the event our bid is not accepted within the time stated above, the required security deposit will be returned to the undersigned, in accordance with the provisions of the Instructions to Bidders; unless a mutually satisfactory ar- rangement is made for its retention and validity for an extended period of time. BID FORM — STIPULATED SUM (SINGLE — CONTRACT) 004113 - 1 DocuSign Envelope ID: 11FD0071-319E-4435-BCF3-F4BBCO281DF4 Grand Opera House — Vertical Platform Lift Replacement 3, CONTRACT TIME TarrikL' %grw►rt d&_ V ( weeks If this Bid is accepted, we will: Q toko5lv*2*� rvwpl 164. ■ Commence the Work by (date) 1 Q�Di,I�iti pa VI1✓VJ ok C 64''Ielytk ■ Complete the Work by (date) (Work must be completed by September 1,2023 ). 4. CHANGES TO THE WORK When the Designer establishes that the method of valuation for Changes in the Work will be net cost plus a percent- age fee in accordance with General Conditions, our percentage fee shall be: 00percent overhead and profit on the net cost of our own Work; J 65% percent on the gross cost of work done by any Subcontractor. t On work deleted from the Contract, our credit to the Owner shall be the Designer approved net cost plus 15%of the overhead and profit percentage noted above. The following Addenda have been received. The modifications to the Bid Documents noted below have been con- sidered and all costs are included in the Bid Sum. Addendum # Dated Addendum # Dated Addendum # Dated Addendum # Dated 6. CONTACT INFORMATION Please provide the following contact information for project management and the authorized person for contract execution: Project Manager assigned to project: (name) _rWDYAh5 f�R k0. (email) 'E Crecy al Q dl��olOn�ICG�SS, G ■ Individual authorized to execute contracts via DocuSign: (name)N 1 �% (email) �0�4- abl�bow�RGCQSS, Cowl BID FORM — STIPULATED SUM (SINGLE — CONTRACT) 004113 - 2 DocuSign Envelope ID: 11FD0071-319E-4435-BCF3-F4BBCO281DF4 Grand Opera House — Vertical Platform Lift Replacement 7. BID FORM SIGNATURES The Corporate Seal of ha-ee'S 'Reyo,fpf- (Bidder — print the full name of your firm) Was hereunto affixed in the presence of: (Authorized sig i officer) Title) (Seal) (Authorized signing officer) Title) (Seal) If the bid is a joint venture or partnership, add additional forms of execution for each member of the joint venture in the appropriated form or forms as above. END OF SECTION 004113 BID FORM — STIPULATED SUM (SINGLE — CONTRACT) 004113 - 3 DocuSign Envelope ID: 3C976DB9-C436-48FC-B1DE-9E6071393956 Performance Post Office Box 464 Mequon, WI 53092- 92-0464 Cell: 262-853-1054 pEMOMPOSUIUMIM Office 262-242-3077 E-mail: PaulR@PECwi.com NEW EQUIPMENT CONSULTING PROPOSAL AND ACCEPTANCE Performance Elevator Consulting, LLC. (Consultant) proposes to perform elevator Consulting Services, as detailed, for Client of: CITY OF OSHKOSH Location: Grand Opera House P.O. Box 1130 100 High Avenue, Oshkosh Oshkosh, .WI 53903-1130 Equipment: (1) Cheney Vertical Platform Lift State Reg. No. HL-00734 Proposal No. 9 (rev) Provide vertical transportation consulting services to assist Client with the installation of one. (1) vertical platform lift to replace the existing obsolete Cheney Handi-Lift. The following services are included: • Conduct a site evaluation of the existing platform lift to understand the project requirements. • Research various manufacturers to identify suitable replacement lifts and whether a custom lift and Petition for Variance will be required to match the existing lift size constraints. • Obtain a current cost estimate for the VPL replacement. • Prepare a technical specification to promote competitive bidding of the project. • ( Identify and generally outline the related work of other trades, such as electrical and carpentry. • Assist Client in evaluating bids and provide recommendation for project award based on bid that best fits the Client's needs. • Review product data and shop drawing submittals and provide feedback to Client. • Provide Client a project specific summary of the related work of other trades that will be contracted and completed by Client. We will assist with coordination. • Participate in one virtual Pre -Construction conference to finalize critical scheduling and coordinate the related work. • Serve as a reference and resource for the City of Oshkosh throughout the project. • Provide a post -inspection audit to review VPL inspection and test reports and verify compliance with the project specification including equipment performance. • Provide punch list of performance and/or compliance items for correction by the Lift Contractor. • Review maintenance manual, wiring diagrams, and warranty submittals/closeout documents. ' DocuSign Envelope ID: 3C976DB9-C436-48FC-B1DE-9E6071393956 Price for Consulting Services as detailed.................................................................... $3, 264.00 Consultant will provide a lift specification. No project manual, general conditions, or specifications for other trades are included by Consultant. Client is to provide copies of building plans of the lift area, if available. Services include two trips to the Grand Opera House, 1 for survey and 1 for auditing. Additional authorized trips to site including 112 hour on site shall be at the rate of.:.... $415.00 This agreement when signed by Client and by Performance Elevator Consulting, LLC., including the terms and conditions set forth on the back which are incorporated herein and expressly made a part hereof, shall constitute exclusively the contract 'between the parties, and all prior representations or agreements not incorporated herein are superseded. Signed and Accepted by Client Client T Signature Name/Title Date Performance Elevator Consulting, LLC. Paul S. Rosenberg President Date June 29 2022 DocuSign Envelope ID: 3C976DB9-C436-48FC-B1DE-9E6071393956 Terms and Conditions Client represents that they have legal authority to execute this Proposal. This Proposal is submitted for acceptance within forty five (45) days from the date executed by us and thereafter subject to withdrawal or change without notice. Consultant warrants that it has the experience and ability to perform the Consulting Services, as contemplated by this Proposal, and that it will perform the Consulting Services in a professional and competent manner, and makes no other representations and warranties, whether expressed or implied. Consultant is not a Professional Engineer. You agree to provide access to the equipment, and to provide pertinent information, inspection reports, and maintenance records requested to carry out the assessment review. No liability for the use, operation, management or control of the equipment is assumed by Performance Elevator Consulting, LLC, ' It is stipulated that Consultant is an independent contractor and shall not be treated as an employee of Client for State and Federal tax or for any other purpose. Client agrees to pay Performance Elevator Consulting, LLC. progress payments submitted on approximately a monthly basis. 100% of payments are due within 30 days after DSPS or Agency inspection. Client agrees to pay Performance Elevator Consulting, LLC. within thirty (30) days after date of each invoice. If timely payment is not made, Consultant shall be entitled to a service charge of 1.5% per month on all past due amounts, plus all costs of collection, including reasonable attorney's fees.