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CONTRACTOR AGREEMENT- 24"' AVENUE BOAT LAUNCH RESTROOM �
RENOVATIONS
THIS AGREEMENT, made on the 4T" DAY OF JUNE, 2015, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and CAPELLE BROS.
& DIEDRICH INC, 253 N HICKORY STREET, FOND DU LAC WI 54935 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:
(ROB ELLISON, PROJECT MANAGER/ESTIMATOR, CAPELLE BROS & DIEDRICH
INC)
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:
(CHAD DALLMAN, PARKS OPERATION MANAGER, CITY OF OSHKOSH)
ARTICLE III. SCOPE OF WORK
The Contractor shall provide services described in the proposal dated APRIL 18, 2015
(THIS ATTACHED AS EXHIBIT A) The Contractor may provide additional products
and/or services if such products/services are requested in writing by the Authorized
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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 by
SEPTEMBER 30, 2075
ARTICLE VI. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
582,440.00 (Eiqhtv two thousand Four hundred Forty dollars and 00/00 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 reasonls) 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
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)
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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. (THIS ATTACHED AS EXHIBIT B) If applicable, 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.
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J
In the Presence of:
( ' i _ll �� II�... '
� �
(Seal of Contractor
if a Corporation.)
CONTRACTO ONSULTANT
By:
��.��
(Specify Title)
� ��i� _ �
V✓ C e pr PS ,�o,.�%�
(Specify Title)
CITY OF OSHKOSH
Bv: �-,��.�ti-�-
Ma k A. Rohloff, City Manager
I
And: � � �� ��- � � � ��� �� _
Pamela R. Ubrig, City erk (�
APPROVED: I hereby certify that the necessary
;� provisions have been made to
�� '1 �� pay the liability which will accrue
r � ' Y�- under this contract.
�— ity Attom
��� ��
City Comptroller
BJ
.�'cn:���_�
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BID FORM
Restroom Facility Renova4on
24'" Avenue Boat Launch
City of Oshkosh
Parks Department
805 Witzel Avenue
Oshkosh, WI 54902
HGM Architecture Project No. 215
Bid Opening: 10:00 a.m., May 14, 2015
City Manager, c/o City Clerk's Office
Room 104
Ciry Hall — 214 Church Ave.
P.O. Box 1130
Oshkosh, WI 54901
TO:
We
City of Oshkosh, Parks Dept.
Bros. & Diedrich, Inc.
GI
(A Coiporarion)
(AxEtaxt��rsictg�)
(atpt>fsdixatlz�xD;
of 253 North Hickorv Street Fond du Lac Wisconsin 54935
(Stceet) (City) (State) (Zip)
( 9201 921-7830 � g20 1921-4679
(Telephone) (Facsimile)
having exa�nined the site and contract documents, hereby agree to furnish all labor and materials necessary to
complete the work for the amount entered tt�erein for the construction of this project, in accordance with
drawings and specifications prepared by HGM Architechue, Inc., Oshkosh, Wisconsin, including Addendum
Nos. �e hereto, as follows:
GENERAL CONSTRUCTION:
Base Bid No. 1: Genera] Construction Work including Division 1 through 33 as detailed and specified, for the
sum of �
���{„� _Severy I hoo.tan� �<<� hlundr^c� �or}c� Doit�s(S (o�� �'�1'0.� ).
ALTERNATNE I.A: Add for the construcPion of wood truss roof system as detailed and specified for the sum
of :
F��r�eehTh�rsa�c� S�X �landre� �onars�� I �{t(o�0.�° �.
SUSSTITUTE BID:
The Base Bid and Altemative Bids include the products specifically named. The contractor may submit with
this proposal products of other manufacturers of similar use for the archifecCs consideration aftec the award of
contract, provided they are listed below and the difference in cost is indicated.
Product Add Deduct
NONE
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I hereby certify that statements herein are made on behalf of �Pe e ros . 1e riC � nc .
a corporation organized and existing under the laws of the State of w7-sCOnsin
a partnership consisting of °-----�----------'
an individual trading as --'---'-'----'-'-"--- , that I have examined and carefully have
checked the same in detail before submitting this proposal; m(its) (their) behalf, and Chat said statements are
true and correct.
C '�
Signature
Todd A. Diedrich
Title,ifany PY'esident
Swom and subscribed to before me this 14tl�ay of �Y Zp 15
_�'�l ,i�� �i My Coccunission expires r��` a���� �
(Notary or ofher authorized Yo adi unister'oaths.)
�**
�cnar�:
i^� CAPEBRO-01 MHEESE
''�� � CERTIFICATE OF LIABILITY INSURANCE �ATE�MMIDOlYYVY)
6/212015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONIY 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 CONSTITt1TE A CONTRACT BE7WEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certifiwte holder is an AODITIONAL INSURED, the policy(ies) must 6e endorsed. If SUBROGATION IS WAIVED, su6ject to ,
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certiTicate dces not confer rights to the I
vaooucea
lackson Kahl Insurance Services, LLC
!9 5. Marr St
=ond Du Lac, WI 54935
iNSUReo
Capelle Brothers 8 Dieddch, Inc.
P.O. Box 1274
Fond du Lac, WI 54936-'1274
wsueean: West 8end Mutual
CISR
21
5350
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTE� BELOW HAVE BEEN ISSUEO TO THE INSURED NAMED ABOVE FOR 7HE POLICY PERIOD
INDICATED. NOTM7HSTANDING ANY RE�UIREMENT, TERM OR CONDI710N OF ANY CON7RACT OR OTHER DOCUMENT 4UTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUE� OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CON�ITIONS OF SUCH POLICIES. IIMITS SHOWN MAY HAVE BEEN REDUCEO 9Y PAID CLAIMS.
NTpI TYPEOFINSUHANCE INSOrWV� POLICYNUMBER POLICYEFF POUCYEXP LIMITS
MMIDDlYYYY MMIOOIYTYY
A X COMMERCIqL GENERAL LIABILITV EACH OCCIIRRENCE g i.00O�O
CLAIMStAADE � OGCUR CPSOfi9890$ 01/O1I2075 01(07(2016 IpREMI5E5 Eaoccuvence 5 200�0
L � i IMEOEXPlMVOnaParsoN S 70,0
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�ESCRIPTION Of OPEHATION51 LOCATIONS I VENICLES (ALOR� 101, AdtllOOnal R�muica Sc��EUI�, mey p� aC�cp�E Hmon �p�ce Ie mqulnE) �
Ze: ResUOOm facllity renovatlon. City of Oshkosh, Attn: Ciry Clerk Is nametl as additlonal Insured undar generel Ilablky form #WB1482 (O6/U6) as requlred by
Nrltten contract, endorsemant atfached. 30 day noHce of cancellation appllea with exceptton ot 70 tlaya (or non-payment Is 70 tlays.
SHOULD ANY OF THE A60VE �ESCRIBEO POLICIES BE CANCELLED BEFORE
City of OShkoSh, Attn: Cily Clefk THE E%PIR4TION DATE THEREOF, NOTICE WILL BE DELIVERED IN
PO Box 1130
ACCORDANCE WITN THE POLICY PROVISIONS.
Oshkosh, W164903-1130
AIIiNORIZED REPRESENTATIVE
-/7v�/ v .�.�
m 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
'
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - CONTRACTOR'S BLANKET
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABIUTY COVERAGE PART
A. WHO IS AN �NSURED (Section II) is amended
to Indude as an additionaf insured any person or
organization whom you are required to add as an
additio�al insured on this poficy u�der a written
contract or written agreement.
The written contract or written agreement musl
be:
1. Currently in effect or becoming effective dur-
ing the term of this policy; and
2. Executed prior to the "bodily injury," "property
damage" "personal injury and advertising in-
��ry„
8. The insurance provided to the additional insured
is limited as follows:
1. That person or organization is only an addi-
tional insured with respect to liability arising
out of:
a. Your premises;
b, "Your work" for that additiona� insured; or
c. Acts or omissions of the additional insured
in connection with lhe general supervision
of "your work."
2, Tha Limits of lnsurance applicable to the
additional insured are those specifed in the
written w�tract or written agreement or in the
Declarations for this policy, whichever is less.
These Limits of Insurance are inclusive and
not in addition to the Limits of Insurance
shown in the Declarations.
3. Except when required by written contract or
written agreement, the coverage provided to
the additional insured by this endorsement
does not apply to:
a. "Bodily injury' or "property damage" occur-
ring after:
(1) All work on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the addi-
tional insured at the site of the covered
operations has been completed; or
(2) That portion of "your work" out of which
tfie injury or damage arises has been
put to its intended use by any person or
organization other tfian another con-
tractor or subcontraclor engaged in
performing operations tor a principai as
part of the same project.
b. "Bodify injur�' or "property damage" arising
out of acts or omissions of the additional
insured other than in connection with the
general supervision of "your work."
4. The insurance provided to the additional in-
sured does not appiy to "bodily injury," "prop-
erty damage," "personal injury and advertising
injury" arising out of an architecYs, engineer's,
or surveyors rendering of or failure to render
any professional services including;
a. The preparing, approving, or failing to
prepare or approve maps, shop drawings,
opinions, repoRs, surveys, feld orders,
change orders or drawin9s and specifica-
tions; and
h. Supervisory, or inspection activities per-
formed as part of any related architectural
or engineering activities.
WB 1482 06 O6 West Bend Mutual Insurance Company Page 1 of 2
West Bend, Wisconsin 53095