HomeMy WebLinkAboutOshkosh Area Community Foundation/South Park Playground �i
AGREEMENT TO CONSTRUCT INCLUSIVE PLAYGROUND AT SOUTH PARK
This Agreement is between the City of Oshkosh ("City"), the Oshkosh Area Community
Foundation ("Foundation"), and Gerber Leisure Products, Inc. ("Gerber"). The purpose of this
Agreement is to effectuate the Foundation's gift of an inclusive playground to be constructed at
the City's South Park, the City's acceptance of such gift subject to the conditions described in
this Agreement, and the hiring of Gerber to design and build the inclusive playground.
RECITALS
A. The City has identified an area at South Park that is available and suitable for
construction of an inclusive playground in the City of Oshkosh.
B. The Foundation, City, and Gerber have discussed various options for the construction of
an inclusive playground, and have concluded that an appropriate and desirable inclusive
playground will cost approximately $275,000.00.
C. The Foundation has received substantial donations for the purpose of constructing an
inclusive playground at the South Park.
D. The City has identified certain, limited, funds that are available to contribute to the
Foundation for this project.
E. The Foundation seeks to undertake the construction of the inclusive playground 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 Gerber for the
design and construction of the inclusive playground, and Gerber wishes to provide the
requested design and construction services for this project.
G. The construction of the inclusive playground 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.
H. All parties seek to fully comply with the state public bidding requirements. In order to
comply, all of the City's limited resources will be transferred to the Foundation for the
sole purpose of contributing toward the cost of material for this project. The labor costs
and the remaining material and other costs will constitute the Foundation's gift to the
City.
THEREFORE, in consideration of the mutual covenants of each of the parties as described
in this document, the parties do hereby agree to the following terms and conditions:
[AGREEMENT FOLLOWS]
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January 20, 2015
:
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, Gerber's proposal which
is attached as Exhibit A; and
1.1.2 any written addenda to the Proposal as agreed upon by all parties; and
1.1.3 any construction documents approved by City and Foundation.
1.2 The parties' Agreement may be modified through written amendment of this Agreement.
Amendments include change orders or other methods provided they are in writing and
agreed to by all parties. A series of documents, such as emails, may constitute
approved changes without signatures to the extent these writings clearly reflect an
Agreement of the parties.
1.3 Any conflict in terms between this document and the Gerber proposal attached as
Exhibit A shall be resolved in favor of the terms of this document.
Article 2 —Contract Amount and Proiect Fundinq
2.1 The Foundation agrees to pay Gerber an amount not to exceed Two Hundred Seventy
Five Thousand and NO/100 Dollars ($275,000.00) for the design and construction of the
inclusive playground at the City's South Park as generally described in their proposal
attached hereto as Exhibit A. Gerber agrees to design and construct this inclusive
playground for this amount. The City, as the recipient of the Foundation's inclusive
playground gift, constructed on City property, is an interested party in the Agreement
between the Foundation and Gerber.
2.2 All parties agree that bills, invoices, and requests for payment will be submitted by
Gerber to the Foundation. Subject to other terms within this Agreement regarding
review and approval of requests for payment, the Foundation shall have the sole
obligation to Gerber for the costs associated with this project.
2.3 Gerber shall submit weekly invoices for progress payments to the Foundation with
copies to the City. The Foundation will review the invoices and pay those approved
within fourteen (14) days of receiving the invoice.
2.4 The City's only contribution to this project shall be for the purpose of defraying material
costs. The City shall provide the Foundation with a lump sum contribution of One
Hundred Forty Thousand and NO/100 Dollars ($140,000.00) to be used solely for
material costs associated with the project. The City's contribution shall occur at the
commencement of this project.
2.5 The Foundation and Gerber agree to create and maintain records which will identify,
track, and verify that the City's contribution to this project is allocated solely to material
costs. These accounting and verification activities shall be at the expense of the
Foundation and Gerber and shall not be an additional expense to the City.
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January 20, 2015
' 2.6 The Foundation and Gerber agree to provide the City with all documentation requested
for the purpose of verifying that all of the City's contributions to this project have been
attributed to material costs on this project. The Foundation and Gerber shall provide this
documentation upon request to the City, its employees, agents, or representatives, or its
accountants or auditors, or anyone otherwise legally entitled to review such documents.
Article 3— Foundation's Responsibilities
3.1 Coordinate donations received for the purpose of constructing the inclusive playground
on the site identified in the City's South Park.
3.2 Receive and review bills, statements, and requests for payment from Gerber.
3.3 Make payments to Gerber for all work completed and approved on the project.
3.4 Provide accountings and other project-related information upon the request by the City.
3.5 Provide, or assist in providing, all documents necessary to finalize the inclusive
playground gift to the City.
Article 4—Gerber's Responsibilities
4.1 Designate a representative with full and complete authority to act on Gerber'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 Gerber
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 design of the inclusive playground.
4.5 Review the laws 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 inclusive playground.
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
Gerber's proposal attached as Exhibit A, a statement of the proposed contract sum, and
a proposed schedule for completion of the project, for review and approval. Design
documents shall consist of preliminary and final design drawings, outline specifications,
or other documents sufficient to establish the size, quantity and character of the
inclusive playground, and the materials and such other elements of the project as may
be appropriate.
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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 waived.
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 design services, 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 and give notices required by laws, ordinances, rules, regulations, 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 South Park 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 Gerber believes that the work or an agreed upon
portion thereof is substantially completed. If the City and Foundation concur, Gerber
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 Gerber shall complete items listed therein.
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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 Gerber'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, Gerber 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.
4.24 Supply, erect, and remove plastic construction fencing.
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 Gerber and their subcontractors to construct the
inclusive playground, including construction storage and staging areas. The general
location of the inclusive playground is attached as Exhibit B.
5.2 Provide Gerber 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 Gerber to
avoid unreasonable delay in the orderly and sequential progress of the project.
5.4 Furnish surveys or other documentation describing physical characteristics, legal
limitations and utility locations for the site of the project. The surveys shall include, as
applicable, grades and lines 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 Gerber 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 Gerber 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 Gerber and are
expected to be included in their Proposal.
5.7 Prompt notify Gerber 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 Gerber in connection
with this project through Gerber.
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January 20, 2015
5.9 Provide Gerber with a Notice to Proceed when the project is ready to begin.
5.10 Complete all tasks required before, during, and after the completion of the project related
to initial preparation and restoration of the site and surrounding area which not part of
the project, but only to the extent they are specifically identified below or elsewhere
within this document:
5.10.1 Add topsoil, grade, and seed the disturbed area around the perimeter of the inclusive
playground;
5.10.2 Provide site security through personal monitoring for a minimum of eighteen (18) hours
after the final course of rubber surfacing is poured.
5.10.3 Haul excavated material from the project site.
5.10.4 Install and connect storm water drainage features to the City's public storm sewer drain
tile beyond the project's perimeter sidewalk.
5.10.5 Remove trees in the project area to ground level.
5.10.6 Remove and relocate park lighting in the construction area.
Article 6— Proiect Timinq
6.1 Gerber 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 South Park 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 Gerber, a construction schedule shall be
submitted and, subject to authorized modifications, substantial completion of the entire
project shall be achieved on or before June 12, 2015.
6.6 If Gerber 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 Gerber, or by delay authorized by the
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January 20, 2015
City or Foundation, or by other causes which the City, Foundation, and Gerber agree
may justify delay, then the contract time shall be reasonably extended through written
agreement.
Article 7 — Protection of Persons and Property
7.1 Gerber 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 Gerber 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 Gerber or Gerber' 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 Gerber 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 Gerber 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 Gerber, its contractors, or anyone directly or
indirectly employed by them, or by anyone for whose acts they may be liable.
Article 8 —Correction of Work
8.1 Gerber shall promptly correct work rejected by the City or Foundation or known by
Gerber 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. Gerber 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,
Gerber shall promptly correct the work after receipt of written notice from the City to do
sa
8.3 Nothing in this article shall be construed to establish a period of limitation with respect to
other obligations that Gerber may have under this Agreement. The one year time period
established in Section 13.2 relates only to the specific obligation of Gerber 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 Gerber liability with respect to its'
obligations other than the obligation to specifically correct the work.
8.4 If Gerber 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 Gerber or other persons of entities.
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8.5 If Gerber 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 Gerber and seven (7) days
following receipt by Gerber 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 Gerber, 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 Gerber and Gerber 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 Gerber, Gerber 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, Gerber shall be
compensated for work completed to the termination date, together with reimbursable
expenses then due.
9.5 If Gerber 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 Gerber 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 Gerber 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 Gerber. If the expense of completing the work
and all damages incurred by the Foundation and City exceed the unpaid balance, the
City shall invoice Gerber for the difference and Gerber 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, Gerber may give written notice of
Gerber 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, Gerber may give a second
written notice and, seven (7) days after receipt after such second written notice by the
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January 20, 2015
� Foundation, Gerber may terminate this Agreement. If such termination occurs, Gerber
shall be compensated for work completed to the termination date, together with
reimbursement expenses then due.
Article 10—Ownership and Use of Documents, Desiqns, 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 Gerber 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 Gerber 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, Gerber grants to the City and the
Foundation as of 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 term of intellectual property protection, for 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 Gerber 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 Gerber
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 this section 10.3,
including sub-paragraphs.
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.
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 Gerber 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.
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January 20, 2015
Article 11 — insurance and Bonds
Gerber and its subcontractors must hold insurance required by the City during the
course of this project. Gerber shall not commence work under this Agreement until it has
obtained all required insurance required and such insurance has been approved by the City.
Gerber 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, Gerber 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 Gerber' involvement in the
inclusive playground. 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 itsel�, but only to the extent caused in whole or in part by negligent act of
omissions of Gerber, anyone directly or indirectly employed by Gerber or anyone for
whose acts Gerber 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
Gerber, anyone directly or indirectly employed by Gerber or anyone for whose acts
Gerber 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 Gerber 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 contractor 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 open records laws.
13.2 The Foundation and Gerber agree to make documents available to the City for review
and potentially release to those requesting public records. The Foundation, Gerber, 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 document to the public or a
waiver of any rights or protections. The act of providing a document to the City to review
is not intended to turn a private document into a public document.
13.3 To the extent that the City determines that documents provided by the Foundation
and/or Gerber are public records, the City shall notify the Foundation and Gerber of this
conclusion and will allow five (5) business days for the Foundation and/or Gerber the
opportunity to initiate any proceeding deemed necessary to protect their interests.
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January 20, 2015
13.4 The failure of the Foundation and/or Gerber to cooperate with public open records
requests will be considered a material breach of this Agreement.
13.5 Gerber open records responsibilities are limited 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 Gerber 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 Gerber's obligations
pursuant to this Agreement.
14.5 Gerber 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 Gerber 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. Labor and
material that does not conform to these requirements shall be corrected by Gerber at
Gerber' expense.
14.7 If Gerber 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 Gerber, or by delay authorized by the City, or by other causes that the City
and Gerber 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.
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January 20, 2015
� 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:
Diane Abraham
Oshkosh Area Community Foundation
230 Ohio Street, Suite 100
Oshkosh, WI 54902
To Gerber Leisure Products, Inc.
Ann Szalkowski
Gerber Leisure Products, Inc.
P.O. Box 42
Mount Horeb, WI 53572
[SIGNATURE PAGE FOLLOWS]
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January 20, 2015
This Agreement entered in thi���day of� Gt t' , 2015.
CITY OF OSHKOSH
Ma A. Rohloff
Cit Manager
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Pamela R. Ubrig �
City Clerk
APP OVED:
nn . Lorenson
City Attorney
GERBER LEISURE PRODUCTS, INC.
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An S alkowski, � esident
OSH OSH COMMUN OUNDATION
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Dia e Abraham, resident and CEO
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January 20, 2015
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P.O. Box 42, Mount Horeb,WI 53572"800-236-7758`E-mail play(a�gerberleisure.com'FAX 800-909-5059
January 9, 2015
Oshkosh Area Community Foundation
Attn: Diane Abraham
230 Ohio Street, Suite 100
Oshkosh, WI 54902 •
Re: Revised Plan Option for Oshkosh Inclusive Playground (UPDATED )
Dear Diane,
Following is the proposal with the following changes included. The benches were changed to be
surface mount supports, the Full Sail canopy was changed to a Single Post CoolTopper canopy, the
excavation cost now assumes the city will haul away the material removed, a cost for installing drain
tile within the playground area and stubbing it out beyond the perimeter sidewalk for the city to
connect to the sewer, the addition of two access sidewalks from the existing sidewalk (�15') on the
west and from the parking lot (�30') to the south. The entire area is approx 100' x 70'. Please see the
revised plans for dimensions and changes.
The city will supply the finished grading and seeding of the disturbed area around the new playground
area, and security by a person or group to assure no person or animal enters the rubber surFaced
area for at least the first 18 hours after the finaf course is poured. This security would be in addition to
the plastic fencing that we will supply. .
Note: Any added excavation that may be required once we determine the actuaC grade at the site and
the soil conditions, and any added gravel for the base that may be required, due to those conditions,
is not included in the pricing below.,These aspects would be additional costs to the project if
conditions warrant.
Svstem materials
The playground structures were designed using Landscape Structures Playbooster System. It uses 5"
O.D. diameter aluminum posts, with solid one piece punched steel, PVC coated decks, stainless steel
tamperproof hardware, PVC coated handbars, rings, handhold, etc. and high density permalene
activity panels. Included is a features page that describes some of the aspects of the equipment that
make Landscape Structures unique from other companies.
The ground level sensory panel area uses Playshaper, 2 3/8 " extruded aluminum posts and standard
PlayBooster panels.
C.P.S.0 and ASTM puidelines
All Landscape Structures equipment complies with the current ASTM guidelines and CPSC guidelines
for safety. All of the playground equipment in the 2012 catalog also has been IPEMA certified as
meeting these guidelines. For further information regarding IPEMA certification of components, see
IPEMA's website at www.iPElvtA.com. Landscape Structures has always prided themselves in
producing the highest quality, durable, safe and most fun equipment on the market. See page 123 in
the 2014 playground components catalog for details.
Exhibit _ i b��
Maintenance
We include a complete maintenance kit with every structure that is purchased. It includes a
manual/checklist listing the recommended frequency of checking connections, and instructions for
each component on the structure. It also includes rubber patch, touch up paint, and extra
tamperproof wrenches. The kit is designed for your particular structure.
Colors
The colors chosen are shown on the included 3-D diagrams: Colors available are shown on the last
four pages of the 2014 catalog. We have used the colors chosen earlier as shown on the 3-D. We will
also need to know a color for the top coat of the Poured-In-Place rubber surfacing to be installed.
Warran
A copy of Landscape Structures full warranty is included in this proposal. All aluminum posts, caps,
clamps and beams are warranted for 100 years. All steel climbers, decks, and plastic components
are warranted for 15 years.
Installation
The installation by our crew listed includes digging footing holes, assembly of equipment, and
concrete for footings. It also includes excavation of the playground area, a perimeter walkway,
access pathways from beyond the perimeter of the playground, drain tile preparation in the
playground area only, and base preparation for the rubber surfacing. It does not include any tree
removal or light post removal, finish grading and seeding as restoration, security during rubber curing
time (first 18 hours),drain tile outside of the playground area, the connection of tile to the sewer, or
removal of excavated material from the site. These aspects will be the responsibility of the city as was
discussed. Installation of the rubber surfacing is included in the rubber price, and the installation of the
concrete perimeter sidewalk and concrete access pathways are listed separately.
Surfacinp
Resilient surfacing is required under and around all playground equipment. The thickness of the
rubber is based on the fall heights of the nearby equipment. The price listed is a combination based
on varying thicknesses. It is all based on a 50%black/50%colored top coat. There is an additional
charge for solid color topcoat or designs in the topcoat. This is not currently part of the proposal.
ADA Compliance
The equipment that I have proposed would comply with the current ADA guidelines in and of itself
assuming that accessible resilient surfacing is supplied underneath the equipment including under
and around the auxiliary ground level equipment, and an access pathway to the area is provided.
Pricinq Option 3 revised — Updated from Januarv 5, 2015 proposal
Playbooster structure with ship components, ground level components including the OmniSpin, Cozy
Dome, spring riders, swings, CoolTopper Shades and benches
Ground level sensory area, panels and posts
Total Cost of Materials/components delivered and discounted$156,100.00
Installation of all option 3 materials/components by our crew $ 33,550.00
Excavation for the entire area including sidewalk areas and access pathways $ 4,800.00
�7275 sq. ft. (hauling material from the site will be the responsibility of the city)
9" depth on average
Drain Tile for Playground area only �400 lineal ft
(will be stubbed out, outside the perimeter sidewalk,
for city to complete and attach to sewer) Materials and installation $ 1,500.00
�xhibit UF�
Pricinq continued
Poured-In- Place SurFacing, 50%black/50%color top coat with compacted 6"
gravel base against concrete walkway border. �5450 sq.ft.Delivered and Installed $ 62,675.00
Concrete perimeter walkway border and bench pads including access pathways
1825sq. ft Materials and installation for concrete walks $ 16,375.00
Grand Total of above Opt. 3 $275,000.00
Costs are based on delivery of all items together and installed at the same time.
Delivery takes approximately 2-4 weeks with installation approximately 14-21days. Prices are valid
until December 5, 2015. Anything ordered after December 2015 would be subject to any price
increases that may apply. Please let me know if this plan is approved. If approved, we will schedule
the installation and delivery of materials for April 2015, weather permitting.
Sincerely,
Ann Szalkowski
�
Approved by Date �—�'��Y�
Exhibit .�
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- 4/14/14
CITY OF OSHKOSH
INSURANCE REQUIREMENTS
I. CONTRACTOR'S INSURANCE WITH PROPERTY INSURANCE REQUIREMENTS
The Contractor shall not commence work on contract untii 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 rip maN
coveraqe 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 8�PROPERTY
A. Commercial General Liabilitv 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 finro years after
acceptance of completed work.
B. Automobile Liabilitv 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 Liabilitv 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 �
. . ( ' � �J
Exh i bit ��s- b�
4/14/14
E. Aircraft Liabilitv, "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. Propertv Insurance Coveraqe(Builders Risk/Installation Floater) to be provided by the
contractor, if the exposure exists.
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. Builder's Risk / Installation Floater / Contractor's Equipment or Propertv - 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.
H. Alsa, see requirements under Section 3.
I - 2
Exhibit �� a€�
,
y 4/14/14
I. Bond Requirements
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. Pavment 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 contracYs execution. The City may, at
its discretion, require bonds for certain contracts with amounts less than
$25,000.
3. Acceptabilitv of Bondinq Companv. The Bid, Payment and Performance
Bonds shall be placed with a bonding company with an A.M. Besf 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. Acceptabilitv 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
Exhibit c �nF�
—
• ,4C'�R(7=� DATE(MM/DDNYY)
�.,...-� CERTIFICATE OF LIABILITY INSURANCE
� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR
PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: 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 confact NAME:
in/ormation,inc/uding sveet --°----°°-°-° Insurence AgenYs -- -------.---.----- _
_,__ � _.. __
address and PO Box if PHONE contac!information. FAX
� aPPlicable. (A/C.No.Ert).... (AIC.No�:
_ .__._ _ . ......................_............_._....._....
E-MAIL ------ _....._ . . _.__._.__�..�.____ .__._........
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
______. ................... .
INSURER A ABC Insurance Company ' NAIC#
_..._....... ..
INSURED ............... . . . .. .. .. ....� ......... ......_____. __
Insured s coniact in/ormabon, INSURER B XYZ Insurance Company NAIC#
including name.address and .. ......... _........_..... ........... . .............. .........._.... ... - _..
....... ........ ......_..
phone number. INSURER.0 LMN If1SUf8f1C@ CORlP8f1�/ � NAIC#
.. .... . ..__ . .... ........
INSURER D: Insurer(s)musi have a minimum A.M.Best rating o/A-
and a Financial Perfomtance Rating ofVl orbetter.
INSURER E:
INSURER F: {
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE IISTED 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.
_._.... _ ,_._.__. _......... _..___ _ �. ........� ...._-_______ - _
�........
INSR�� 3 ADDL SUBR- � POLICY EFF� ��POLICY EXP
LTR I TYPE OF INSURANCE �3 INSR � WVD ` POLICY NUMBER MM/DD MMIDD LIMITS
(GENERAL LIABILITY � � ; ! -
!...,,._._ ' '-. ; :EACH OCCURRENCE ;.$�,OOO,OOO
. , : . . ..._ .. .............___
3 ': General Liability Policy Number ; Policy effective and expiral�on date �DAMAGE TO RENTED
=�=COMMERCIAL GENERAL LIABILITY � � : ❑ _ ��:PREMISES(Ea occurrence) _ $SO,OOO
� . . . ; ; - ._.._._.__.._._._. .._-- ..___..�....._.. .....
A ( �❑!CLAIMS-MADE�`OCCUR � 3 � ; :MED EXP(Any one person) � $5,0��
._ . � : . ..._..__. ._..�. . ___...__..._......
'�, ISO FORM CG 20 37 OR EQUIVALENT ` ��, ; � :PERSONAL&ADV INJURY : $1,000,000
... . . . . .. . .. . ._...__ � ...... ....� _...� �� ..�....._
��� � : � ;GENERALAGGREGATE � $2,000,000
� �.._.... � _._.___..__._ ___ � . _
._._. „m._,._ _.___. .__...._ ...._ ._.�._. __
GEN L AGGREGATE LIMIT APPLIES PER ; � � : ;PRODUCTS COMP/OP AGG $2 OOO OOO
.....__ _......... -,....$ ............
3�.. i ;PRO-' ; � � -
IPOLICY��i�ECT❑;LOC
�AUTOMOBILE LIABILITY ' ; : : �COMBINED SINGLE LIMIT -
' ; I ; � Eaaccident $1,000,000
�....... , (. ) _._...... __ _._
-��ANY AUTO � ; ❑ ; Auto Uabiliry Policy Number ! Policy eflective and expiration date BODILY INJURY(Per person) � ,$ �
........ ......................
� ALL OWNED f '? SCHEDULED € � � '
B �❑'�...AUTOS �" AUTOS ( � �. ; � �
� BODILY INJURY(Per acadent) $
`��HIREDAUTOS NON-OWNED ; i _ : :PROPERTYDAMAGE
� �, ❑i AUTOS ; ':, : ; �(Per accident) � $
€
�' ,�i , ___ __$_ _______.._
��'UMBRELLA LIAB �OCCUR � � ; � , ' EACH OCCURRENCE $Z,OOO,OOO
._.
..... .. __ ._.._......._ ....._ _._. ___
A �❑EXCESSUAB ;❑ CLAIMS MADE € UmbrellaLiabildyPolicyNUmber Policye/fectiveandexpirationdate :AGGREGATE $2 0�����
-.__ ... . ......... ......._ .._
..... . �__. .............. .. ............ __.
;❑DED �;��RETENTION 3'I O,OOO �_ ; : . $
�WORKERS COMPENSATION � � WC STATU- OTH-
C AND EMPLOYERS'LIABILITY ❑ ; ❑ ! ;�TORY LIMITS❑' ER
� : : ........... . ,_._.. .........
,ANY PROPRIETORlPARTNER/EXECUTIVE f ( : : , ����������� -�
IOFFICE/MEMBER EXCLUDED? YI N - ' � ::E.L.EACH ACCIDENT $1 OO OOO
� � - Workers Compensation Policy - Policy etfective antl explretbn tlate -_ ,,_ . .. ..___.._.._____ -.... , ,..�..__.__
(Mandatory in NH) N i Number
�If yes,descnbe under � ; ; ; ; ;E L DISEASE EA EMPLOYEE $100,000
DESCRIPTION OF OPERATIONS below = � - �� � � ����-� . ��-���� ���-����������.....
' ' E.L.DISEASE-POLICY LIMIT : $SOO,QOO
i ❑ ❑ �
i
DESCRIPTION OF OPERA710NS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Additional Insureds per attached endorsements.
CeRificates 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 Cle�k Insurance Standard 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
215 Church Avenue SAMPLE CERTIFICATE CCORDAN E WITH THE POLICYFPROVIS ONSLL BE DELIVERED IN
PO Box 1130 Piease indicate somewhere on this
�ShkOSh,WI 54903-1130 certifcate,the contract or project# AUTHORIZED REPRESENTATNE
this certificate is for.
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
Exhibit � ��F�_
• qC jj�p� DATE(MMlDD/YYY)
�...- CERTIFICATE OF PROPERTY INSURANCE
� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR
PRODUCER,AND THE CERTIFICATE MOLDER.
If this certificate is bein repared for a pa who has an insurable interest in the rope ,do not use this form. Use ACORD 27 or ACORD 28.
PRODUCER CONTACT
InsuranceAgencycontaci . NAME. InsuranceAgents ---- ----- ---
information,incWding street . ............... . .....
address and PO Box if PHONE contact in/oimation. FAX
AIC.No.Eut: �AIC.No):
applicable. (m-----....................�-� -----.-- _.__.__.___...._.._....._...__.____.__..______._...___..
E-MAIL
ADDRESS:
___...._._..._�__.__.___.._.______._._.____._....._.__......_..._..__......_._....__....._..........................._..._..,..�__.__......_....._..........._...__.__...........
INSURER(S)AFFORDING COVERAGE € NAIC#
iNSUReRa: ABC Insurance Company NAIC#
INSURED Insured's contaci infortnation,� ��
including name,address and INSURER B XYZ.If1SU�8nC2 CORlp2flY _ � NAIC#
. ______._ ._ .. ............... .. ..... . .....�........ . ..... . ....._.. . ...._....
phone number. INSURER C: �
INSURER D: Insurer(s)must have a minimum A.M.Besf rafinp ofA-
---- and a Financial Per/ortnance Rafing o/VI orbetfer. � ��
INSURER E:
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. i POLICY NUMBER POLICY EFFECTNE POLICY EXPIRATION ;
E COVERED PROPERTY LIMITS
LTR TYPE OF INSURANCE DATE MM/DD DATE MMIDD
l� PROPERTY : � ; One orthe other..depends on � gUILDING : $ See#1 on
j type at job being done � -- —.-- ---�C�OR�D 101 _
:CAUSES OF LOSS � DEDUCTIBLES } 2 , PERSONAL PROPERTY � $fol
_._. , _. lowinq Pa9e......
'�..BASIC .� BUILDING Conlractorsres nsibleforALL
A � � ; � BUSINESS WCOME $
r�-- � $ deductibles ' � ������� ;� - -
. .... .... .
�BROAD �CONTENTS��� ; � �. EXTRA EXPENSE : $
.. � ��._._....._......._...._. . .______.
. , � . _...._ __......�.... .... ��_ � __ .�.
;�SPECIAL ( $ ;❑� RENTAL VALUE : $
, .._.......,_......._.._................._. _.__ i ; :.. _.....__ _...,_.. _. .. ,..... __.___.... ....._
�EARTHQUAKE � $ . , ; ; ❑ BLANKET BUILDING _,.__$_
- _._._...__..
WIND � $ Property Policy Number ; Policy effectNe and expiretion date �
� ��: ❑' BLANKET PERS PROP � $
....__ ._...____..___.__......_..
-�FLOOD... $ .. .; � �� BLANKET BLDG&PP �_$._._...__ ..._._ _�
�_ ____�_____.��..... .� : $
�.__--�_$ _�_ � $
�❑',INLAND MARINE TYPE OF POLICY `. � _ $
; ._ ......._____._ ._._.._.._... �_._,._.,.,__,,.....,.�__._.....
�CAUSES OF LOSS �: ; $
; .��.�.. _ _. �.�....... . .. ...._._. .....�.�_.. . .._.._�._._.. .., .
. i �. ......... ...........
;�;NAMED PERILS ; POLICY NUMBER ; i �; $
: ; : ._ .. ......... . .......... .... . .......... ....
�..... .....
l❑ ' ; �' $
':❑_CRIME ; ' � Q� $m
f ' ❑
�_—.._ . _...........�._..........__..
�TYPE OF POLICV : $
,
. �: � :.. ................... . ......... ...... ...._.... ...........
� f ❑ $
B �BOILER 3 MACHINERY/ ;❑ $
�............. `:, ' ' _.._.. _............ _...... _.
EQUIPMENT BREAKDOWN Boiler B Macbinery Policy Number Policy etiective and expiration date ❑ $
' I/exposureexists `
� � �' ' $
: i ; _... ._..... . ____ , . -- �.
i ❑ $
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 Cler'k Insurance Standard 1 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
215 Church Avenue SAMPLE CERTIFICATE THE EXPIRATION DATE,THEREOF,NO7ICE 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 REPRESENTATNE
this certificate is for.
O 1995-2009 ACORD CORPORATION. All rights reserved.
ACORD 24(2009105) The ACORD name and logo are registered marks of ACORD
Exhibit �
•
„ AGENCY CUSTOMER ID:
� LOC#:
.-,r".,'1
ACC?R17� Page 1 of 1
�-� ADDITIONAL REMARKS SCHEDULE
AGENCY Name of Insurance Agency NAMED INSURED
Name o//nsured,
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#
rt'' i
ACORD 101 (2008/01) 02008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Exhibit C�J � 6��
�
POLICY NUMBER: P°��°Y# 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 Or anization s): Location s Of Covered O erations
As required by contract Any and all job sites
Information re uired to com lete 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
nated 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 Sfandard 1
SAMPLE CERTIFICATE
Please indicate somewhere on this
certificate,the contract or project#
this certificate is for.
CG 20 10 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 ❑
�Xn�b�t c � Q��
—
POLICY NUMBER: PoOcy# 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 Or anization s : Location And Descri tion Of Com leted O erations
As required by contract Any and all job sites
Information re uired to com lete 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 1
SAMPLE CERTIFICATE
Please indicate somewhere on this
certificate,the contract or project#
i t ' r
CG 20 37 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 ❑
Exhibit �