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HomeMy WebLinkAboutGerber Leisure Products/playground equip Teichmiller Park 2013 f ORIGINAL CONTRACTOR AGREEMENT PLAYGROUND EQUIPMENT& INSTALLATION AT TEICHMILLER PARK, CITY OF OSHKOSH, WISCONSIN THIS AGREEMENT, made on the 23rd day of October, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and GERBER LEISURE PRODUCTS INC, PO BOX 42, 132 S. FIRST STREET, MT. HOREB, WI 53572, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following Agreement. The CITY'S Bid Specifications and Insurance requirements are attached hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Ann Szalkowski, Project Manager) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Ray Maurer, Parks Department) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S RFP Specifications dated August 24, 2013, referred to as the "Request for Proposals for Playground Equipment and Installation Oshkosh Parks Department" and the Contractor's "Playsense Option #2"submitted within their proposal. The Contractor's bid form is attached hereto as 1 • Exhibit A. If anything in the Contractor's proposal conflicts with the CITY'S Bid Specifications or with this agreement, the CITY'S Bid Specifications and the provisions in this agreement 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 IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor's request, such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work will be completed as per the bid specifications and addenda schedules with full completion no later than December 31 , 2013. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $39,933, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services to be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh 2 • 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 VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S RFP Specifications dated August 24, 2013, which is fully incorporated into this Agreement. The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. TERMINATION A. 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. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This 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. In the Presence of: CONTRACTOR /CONSULTANT (Seal of Contractor (Specify Title) 0 S 3 if a Corporation.) By: (Specify Title) CITY OF OSHKOSH I / By:G�/�, jzazU�Ll Mark A. ohloff, City Manager (Witness) Y _ � � f r . /, 2 411 a (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- 11 1 ary provisions have been made to pay the liability which will accrue t ' J 1 under this contract. City Y A' e Y 0 ' . ' City Comptroller 4 Z--5W/g,r A r � Gerber LeisureProducts Inca - P.O. Box 42, Mount Horeb,WI 53572*800-236-7758 *E-mail play gerberleisure.com*FAX 800-909-5059 Playground Proposal Teichmiller Park Playground, Oshkosh, WI PlayBooster Option #1 And Submitted by/ Contact: Ann Szalkowski, 800-236-7758 ann @gerberleisure.com PROPOSAL FORM PLAYGROUND EQUIPMENT & INSTALLATION CITY OF OSHKOSH Page 1 of 2 PROPOSAL DEADLINE IS 10:00 A.M., FRIDAY SEPTEMBER 13, 2013 From: Gerber Leisure Products, Inc. (proposer's company name) We, the undersigned, propose to furnish all labor and materials to perform this work per the RFP. Any area of the proposal page left blank may be considered as.a non-responsive proposal PLAYBOOSTER#1 PLAYSENSE#2 This proposal is for the following items checked ( )).( Proposal 1 Proposal II ( )° One play structure for ages 2-5 $ 9,470.00 $ 11,488.00 (maximum budgeted amount) AND ( r One play structure for ages 5-12 24,460.00 $ 21,595.00 (maximum budgeted amount) un -bonded filter fabric installed 1,010.00 1,130.00 ( I( S p $ ( y Engineered wood fiber installed $ 5,055.00 $ 5,720.00 TOTAL: $ 39,995.00 $ 39,933.00 BID BOND ENCLOSED Warranty coverage information for moving and non-moving components, and comparisons between full and limited/pro-rated warranties: Full Warranty as listed on the warranty included . Moving and non-moving part distinctions are made in the warranty included. Order Equipment Date: October 24 or 25,2013 depending on when we receive the award and when colors Order Deliver Date: 2 1/2 weeks after the order is placed — November 13th, 2013 are finalized Site Prep Specs Date: - October 30th or 31st, 2013 Site Prep Completion Date: - November 13th, 2013 Installation Date: - November 14th or 15th, 2013 Completion/Acceptance by City Date: November 22,2013 PLEASE SEE THE ATTACHED COMPONENT LIST FOR INDEPENDENT ITEMS INCLUDED IN THE PRICING FOR BOTH THE 2-5 YEAR OLD STRUCTURE,AND THE 5-12 YEAR OLD STRUCTURE IN BOTH THE PLAYBOOSTER • AND PLAYSENSE OPTIONS. 12 PRICING IS VALID WHEN EQUIP IS ORDERED AND SHIPPED IN 2013,WITH PAYMENT OF THE EQUIPMENT ONLY 30 DAYS AFTER SHIPMENT. IF WEATHER DOES NOT ALLOW FOR THE EQUIPMENT TO BE INSTALLED IN 2013,IT CAN BE STORED AT OUR INSTALLERS WAREHOUSE WITH INSTALLATION OF EQUIPMENT AND SURFACING INSTALLED IN 2014.BILLING OF INSTALLATION AND WOOD FIBER WOULD BE IN 2014. 116 Lil ProLc _. :no P.O. Box 42, Mount Horeb,WI 53572*80G-236-7758*E-mail play@gerberleisure.com*FAX 608-437-7039 September 11, 2013 City of Oshkosh Oshkosh Parks Department 215 Church Ave. Oshkosh, WI 54901 RE: Proposals for Playground Equipment, Teichmiller Park, Oshkosh, WI Dear Parks Personnel, Following is our proposal which includes 2 Options to supply playground equipment and its installation for Teichmiller Park, along with resilient wood fiber surfacing and its installation for under and around the equipment being proposed. Option 1 is PlayBooster#1, and Option 2 is Playsense#2. The PlayBooster Option is built with a 5" aluminum post system and the Playsense Option is built with a 4" aluminum extruded post system. Please see the specifications section for information regarding the two different playsystems. General Qualifications Gerber Leisure Products, Inc has been in business since the 1970s. We have been supplying Landscape Structures playground equipment, designing playground sites, supervising community build projects, and coordinating installations with subcontractors, for the State of Wisconsin for almost 40 years. We have completed turn-key projects that have included multiple types of resilient surfacing, walkways, gazebos, water features, seating/site furnishings, existing equipment, bleacher seating, fencing, asphalt and landscaping. Gerber Leisure Products, Inc employs 3 designers, 4 sales representatives and 3 office staff personnel. We work only in the state of Wisconsin. Bob and Ann Szalkowski are the current owners of Gerber Leisure Products, Inc . They will be the key personnel for this project. Please see the resumes that follow. The installation we area providing is by a contracted, certified installer,(Dresen's Decks and Patios) that has been installing Landscape Structures playground equipment for 20 years. They are experts in their field of playground installation, as well as landscapers, and builders. Their sample insurance certificate is included with Gerber Leisure Products and Landscape Structures sample certificates. Project Understanding I understand that the proposal options must be compliant with all ASTM/CPSC guidelines for safety, have IPEMA certification, and also compliant with current ADA guidelines. This is assuming that the city will comply with requirements for access pathways to the site, and if they end up supplying the wood fiber surfacing material, that it will be certified to meet the current guidelines for fall height safety and ADA compliance as well. All of the LSI equipment proposed is compliant with ASTM/CPSC and is IPEMA certified. The designs comply with the ADA requirements for playgrounds. The play structures that we are proposing are constructed with aluminum posts. The Playsense Option uses a 4" diameter extruded aluminum post size (please see attached Playsense. specifications), the PlayBooster uses a 5" diameter post size. All decks will be PVC coated, all steel components will either be powdercoated or PVC coated. Swing Chains for the full bucket seats and the belt seats are Proguard coated chains and the Tire Swing chains will be PVC coated. See the documents for the recycled content of the play structures. I understand that the existing footprint will be used, with no greater an area of 60' x 100' and that play areas shall extend a minimum of 7' from the nearest playground equipment. We used the footprint gained from the Google Earth satellite photo and from measurements in the field. The areas that we used to determine total resilient surfacing areas for each proposal is outlined in Pink on each of the diagrams. PlayBooster Option =4200 sq. ft and the Playsense Option =4700 sq. ft (also listed on each diagram) I understand that there is to be a separate area for the 2-5 year olds and one for the 5— 12 year olds, only separated by distance, not by physical separations. We have divided the two structure/swing areas with the Saddle Spinner(s) and the Bobble Rider. Component inclusion Please see the component.lists that are included with each option. There is a Rock Climbing component/wall , a Creative Slidewinder Slide, age appropriate welcome signs for the 2-5 year old area and the 5-12 year old area , belt swings on the 5" single post swings, and a Full Bucket Infant seat and Full bucket toddler seat on the 2"Arch Swing Frame in the 2-5 year old area. There is also a Tire Swing in the 5-12 year old area. Two spinning components have been included in each option along with either a Single(Playsense Option) or Double Bobble Rider(PlayBooster Option). No Roofs/canopies or Tunnels were included in these proposals. A color chart is enclosed in the binder along with possible color palettes. The colors used in the 3-D's were those selected: Blue, Red, Yellow for the 2-5 year old area and Green, Orange and Purple in the 5-12 year old area. Site Preparation and Installation — WORK PLAN I understand that all site prep and base course will be completed by the city of Oshkosh Parks Dept. We have included the cost for the filter fabric installed, over pea gravel/washed stone(installed by city) and Certified Engineered Wood Fiber @15" depth non-compressed, installed. Our PlayBooster Option includes 195 cu. yds fiber, and the Playsense Option includes 220 cu. yds PlayBooster Option—4200 sq. ft Playsense Option—4700 sq. ft. We understand that if the city decides to supply and install the wood fiber and fabric that the budget made available will go towards the addition of additional equipment for the area. The prices listed on the Cost Proposal Form include the equipment, its *installation, FOB destination freight prepaid, our vendor discount and exemption from Wis. Sales Tax. Prices are valid for equipment ordered and purchased in 2013. Equipment can be held and stored with our installers until 2014 in the event the equipment cannot be installed in 2013 due to weather. In this case, equipment must be paid for 30 days after delivery in 2013, however, installation and surfacing costs will not be billed until the project is completed in 2014. NOTE: Installation as listed in the above paragraph includes digging footing holes on a clear, prepared, level site. We require that the pea gravel/washed stone be installed only after the equipment is concreted in the ground. Digging footings and removing spoils over pea gravel/washed stone may reduce the drainage quality of the stone given the likelihood of the spoils dropping in the stone upon removal from the holes. If the stone is installed in advance, you will lose some quantity upon the digging of the footings through the stone. The installation includes all assembly, hanging of swings, and concrete for all footings as well as the laying of the filter fabric and the installation of the engineered wood fiber. It does not include any site restoration, seeding, walkways/borders, access pathways, site preparation, or surfacing installed in areas not included in the square footage of our proposal. We recommend that safety fencing be erected when the site preparation has begun and remains in place until after the wood fiber surfacing is installed. Please see the Cost Proposal Form for designated work dates as requested in this proposal. Project References are listed on a separate Reference page. There are also two customer survey responses included from previous similar type jobs completed earlier this year. Please let us know if you have any questions or need further explanation for anything shown or listed in this proposal. Thanks for the opportunity, Sincerely, Ann Szalkowski Bid Bond The American Institute of Architects, AIA Document No.A310(February. 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Gerber Leisure Products, Inc. as Principal, hereinafter called the Principal, and Granite Re, Inc. 1400.1 Quailbrook Dr, Oklahoma City, OK 73134 a corporation duly organized under the laws of the State of Oklahoma as surety, hereinafter called the Surety are held and firmly bound unto City of Oshkosh 215 Church Ave P.O. Box 1130 Oshkosh, WI 54901 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Bid Amount************************************ Dollars($ 5% of Bid Amount ), for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves,our heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. W H E R E A S, the Principal has submitted a bid for Teichmiller Park Playground Equipment NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect Sig--- and sealed this oerth day of September 20 13 Gerber Leisure Products, Inc. [ Q it/I/LA Ala Witnes' (seal) By: (ntl f As$r £A) T /00,4Z / Granite Re, Inc. Witness K= - K.Heffr.n - (seal) Robert Downey (Title) Attorney in Fact 1 A Document No.A310 AN GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE,INC.,a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: MICHAEL j. DOUGLAS;CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARiA HEFFRON; ROBERT DOWNEY; CONNIE SMITH its true and lawful Attorney-in-Facts)for the following purposes,to wit: To sign its name as surety to,and.to execute,seal and acknowledge any and all bonds,and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE,INC:a certified copy of which Is'hereto annexed and made a part of this Power of Attorney;and the said GRANITE RE,INC through us,its Board of Directors,hereby ratifies and confirms all and whatsoever the said:. MICHAEL j.DOUGLAS;CHRIS STEINAGEL;CHRISTOPHER M. KEMP; KARLA HEFFRON;ROBERT DOWNEY;CONNIE SMITH may lawfully do In the premises by virtue of these presents. In Witness Whereof,the said GRANITE RE, INC has caused this instrument to be sealed with its corporate seal,duly attested by the signatures of its President and Secretary/Treasurer,this 3nd day of July,2013. • Kenneth D.Whittin n,President • STATE OF OKLAHOMA ) SEAL ) SS: . � fig'Irl./ • COUNTY OF OKLAHOMA ) KW McDonald,-McDonald,Treasurer On this 3'd day of July,2013,before me personally came Kenneth D.Whittington, President of the GRANITE RE, INC Company and Kyle P. McDonald, Secretary/Treasurer of'said Company,with both of whom I am'personally acquainted, who being by me severally duly. sworn,said,that they,the said Kenneth D.Whittington and Kyle P.McDonald were respectively the President and the Secretary/Treasurer of GRANITE RE, INC.,the corporation described in and which executed the foregoing Power of Attorney;that they each knew the seal of said corporation;that the seal affixed to said Power of Attorney was such corporate seal,that it was so fixed by order of the Board of Directors of said corporation,and that they signed their name thereto by like order as President and Secretary/Treasurer,respectively,of the Company. My Commission Expires: ( , .f August 8,2017 t. No Public Commission#:01013257 GRANITE RE,INC. Certificate THE UNDERSIGNED,being the duly elected and acting Secretary/Treasurer of Granite Re,Inc.,an Oklahoma Corporation,HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15,1987,minutes of the meeting of the Board of Directors of Granite Re,Inc.and that said Power of Attorney has not been revoked and is now In full force and effect.. "RESOLVED,that the President,any Vice President,the Secretary,and any Assistant Vice President shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or . evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such Instrument or undertaking." IN WITNESS WHEREOF,the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this 10 mday of Sei, ._2Q13 • s eAc Kyle P.McDonald,Secretary/Treasurer GR0800-1 ' or. * Gerber Leisure C P.O. Box 42, Mount Horeb,WI 53572*800-236-7758*E-mail play @gerberleisure.com*FAX 800-909-5059 October 7,2013 To: Ray Maurer, Oshkosh Parks and Rec From: Ann Szalkowski RE: Teichmiller Park changes requested Ray, I was able to make the changes the community wanted by adding another 2 place swing bay with 2 belt seats to the Single Post swing set, originally shown, in the 5-12 year old area and by removing the Bobble Spring Rider. The addition of the swing bay and the removal of the spring rider were an even swap in cost so the original bid amount does not change. Thanks, Ann Szalkowski �r1 GERBE-1 OP ID:CN ,acoRO CERTIFICATE OF LIABILITY INSURANCE DATE 07/15D/YYYY) `-� 07/15/13 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. • NPORTANT: 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 Phone:608-830-5800 NCOAnNtE',•°CT Cary Neess Baer Insurance Services,LLC Fax:608-830-5877 PHONE 608-830-5817 Fax PO Box 46490 (AIC.No,Ext): (A/C,No): 608-830-5877 9701 Brader Way E-MAIL SS:Cary Neess Madison,WI 53562 Michael R.Peterson INSURER(S)AFFORDING COVERAGE NAIC# INSURER A Indiana Insurance Co. 36919 INSURED Gerber Leisure Products Inc. INSURERS: Robert&Ann Szalkowski 132 So.1st Street INSURER C Mount Horeb,WI 53572 INSURER D: 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 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 TYPE OF INSURANCE IINNSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY► (MM/DDIYYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE (Ea ocTED PREMISES S(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea acddent) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ UMBRELLA UM OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N XWW5568306 07/10/13 07/10/14 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) CERTIFICATE HOLDER CANCELLATION FORBIDP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN For Bid Purposes Only ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ACQRD`� DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/16/2013 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 pollcy(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 NAME COOPER INSURANCE SERVICE PEI (765) 534-3152 FAX (765)534-2067 PO Box 638 EMAIL (ac,NG) ADDRESS Lapel, IN 46051 PRODUCER CUSTOMER ID INSURER(B) AFFORDING COVERAGE NAICX INSURED GERBER LEISURE PRODUCTS, INC. INSURER A WESTERN HERITAGE INSURANCE Co. INSURER B P.O. BOX 42 INSURER C MOUNT HOREB, WI 53572 INSURER D 800-236-7758 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 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. NCR ADM. sUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDM'YY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 COMMERCIAL GENERAL LIABILITY PR MISES(Eatoccurence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) S 1,000 A Y Y SCP0938149 7/1/13 7/1/14 PERSONAL BADVINJURY S 2,000,000 _ GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG S 2,000,000 POLICY�X I JECT LOC PROF. LIAB. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANYAUTO BODILY INJURY(Per person) S ALL OWNED AUTOS BODILY INJURY(Per accident) S SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) S NON-OWNED AUTOS S S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE S — DEDUCTIBLE S RETENTION S $ WORKERS COMPENSATION WC STATU- IOTH- AND EMPLOYERS'LIABILITY V/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) THE CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL MEMEERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS ARE LISTED AS ADDITIONAL INSURED ON A PRIMARY BASIS. COVERAGE AFFORDED UNDER THE POLICIES WILL NOT HE CANCELLED OR NON—RENEWED UNTIL AT LEAST 30 DAYS PRIOR WRITTEN NOTICE HAS BEEN GIVEN TO THE CITY CLERK EXCEPT 10 DAYS FOR NON—PAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION CITY OF OSHKOSH, ATTN: CITY CLERK 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 ACCORDANCE WITH THE POLICY PROVISIONS OSHKOSH, WI 64903-1130 AUTHORIZED REPRESENTATIV ®1988-2009 ACORD CORPORATION. All rights reserved. ACORD 2512009/091 The ACORD name and Imo are registered marks of ACORD Western Heritage Insurance Company ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE FORMING A PART OF NAMED INSURED AGENT NO. POLICY NUMBER (12:01 A.M.STANDARD TIME) SCP0938149 10/16/13 GERBER LEISURE PRODUCTS, INC. (The above information is required only when this endorsement is issued subsequent to preparation of the policy.) 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 FORM SCHEDULE Name Of Additional Insured Person(s)Or Organization Location(s)Of Covered Operations CITY OF OSHKOSH,ITS OFFICERS,COUNCIL BLANKET WHEN REQUIRED BY WRITTEN MEMBERS,AGENTS,EMPLOYEES AND CONTRACT. AUTHORIZED VOI,IINTEERS Ilnu17114uu,J IC4uiICU W 1..u111}40L5 unb• 1,I1C.ULIIC,II IWIbi1VWl1 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 or- additional insureds, the following additional ganization(s) shown in the Schedule, but only with re- exclusions apply: spect to liability for "bodily injury," "property damage" This insurance does not apply to "bodily injury" or or "personal and advertising injury" caused, in whole or in part,by: "property damage"occurring after: 1. Your acts or omissions;or 1.That portion of your work" out of which the injury or damage arises has been put to 2. The acts or omissions of those acting on your its intended use by any person or organization behalf; other than another contractor or subcontractor engaged in performing operations for a in the performance of your ongoing operations for the principal part of the same project. additional insured(s)at the location(s)designated above. All other Terms and Conditions of this Policy remain unchanged. Steven B. Carraway 10/16/13 AUTHORIZED REPRESENTATIVE DATE WHI 21-0479(02105) POLICY NUMBER:SCP0938149 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 CITY OF OSHKOSH,ITS OFFICERS, COUNCIL BLANKET WHEN REQUIRED BY WRITTEN MEMBERS,AGENTS, EMPLOYEES AND CONTRACT AUTHORIZED VOLUNTEERS 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" or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc,2004 Page 1 of 1 Western Heritage Insurance Company ATTACHED TOAND FORMING APART ENDORSEMENT EFFECTIVE DATE OF POUCY NUMBER (12:01 A.M.STANDARD TIME) AGENT NO 10/16/13 GERBER LEISURE PRODUCTS,INC. SCP0938149 (The above information is required only when this endorsement is issued subsequent to preparation of the policy.) THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION INCLUDING PRIMARY AND NON-CONTRIBUTORY AS REQUIRED IN A WRITTEN CONTRACT This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Additional insured Person(s) Or Organization(s) Location(s)Of Covered Operations CITY OF OSHKOSH,ITS OFFICERS,COUNCIL MEMBERS,AGENTS, BLANKET WHEN REQUIRED BY WRITTEN CONTRACT EMPLOYEES AND AUTHORED VOLUNTEERS 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 include as an additional Insured the person(s) or or- This insurance does not apply to 'bodily injury" or ganization(s)shown In the Schedule,but only with respect "property damage"occurring after: to liability for"bodily Injury, property damage"or"personal and advertising injury"caused,in whole or in part, by; 1. That portion of"your work" out of which the Injury or damage arises has been put to its 1. Your acts or omissions; or intended use by any person or organization 2. The acts or omissions of those acting on your other than another contractor or behalf; subcontractor engaged in performing operations for a principal part of the same In the performance of your ongoing operations for the ad- project. ditional insured(s)at the location(s)designated above. C. SECTION IV - COMMERCIAL GENERAL B.With respect to the Insurance afforded to these additional LIABILITY CONDITIONS: 4a and b. are amended as insured(s),the following additional exclusions follows: apply: If you have agreed In a written contract, and executed such a conprimary or primary and. non-contributory nd • without right of contribution from any insurance in force for the liability in the performance of your ongoing operations for the additional Insured(s) at the location(s) designated above, than this insurance will be primary or primary non-contributory, and we will not seek contribution from,any other such Insurance. All other Terms and Conditions of this Policy remain unchanged Steven B.Carraway 10/16/13 AUTHORIZED REPRESENTATIVE DATE wHi 21-0516(07-08) Page 2 of 2 Western Heritage Insurance Company ATTACHED TO AND FORMING APART OF ENDORSEMENT EFFECIWE DATE AGENT Na. POLICY NUMBER (1201 AM.STANDARDTtME), NAMED INSURED SCP0938149 10/16/13 GERBER LEISURE PRODUCTS,INC. (The above information is required only when this endorsement is Issued subsequent to preparation of the policy.) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following,: COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US Condition (Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against an additional insured shown on form WHI 21-0479 or WHI 21-0516 but only with respect to liability for "bodily injury,' "property damage or"personal and ad- vertising injury"caused by: 1. The named insured's acts or omissions; or 2. The acts or omissions of those acting on the named insured's behalf, in the performance of the named insured's ongoing operations for the additional insured shown on form WHI 21-0479 or WHI 21-0516. All other Terms and Conditions of this Policy remain unchanged. Steven B.Carraway 10/16/13 A AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties,Inc.,with its permission. Copyright,ISO Properties.Inc,1992,,2003 VVHI 21-0493(08-08)