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HomeMy WebLinkAboutAgreement, Capelle Bros. & Diedrich Inc.-Red Arrow restroom 2016 IZ;7iL � CONTRACTOR AGREEMENT- RESTROOM FACILITY RENOVATION RED ARROW PARK THIS AGREEMENT, made on the 2ND DAY OF MAY, 2016, 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 11. 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 Ill. SCOPE OF WORK The Contractor shall provide services described in the proposal dated MARCH 30, 2016 (THIS ATTACHED AS EXHIBIT A) The Contractor may provide additional products. and/or services if such products/services are requested in writing by tAVth- �' } 3 b.Y- 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 JULY 29, 2016 ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $104,840.00 (One hundred four thousand Eight hundred forty dollars and 001100) 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 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 2 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. (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. 3 In the Presence of: CONTRACT SULTANT By: a= Wed-1 (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: Mark A. Rohloff, CityMV, eager w� (Wit ss) And- 6r (Witnss) Pamela R. Ubrig, City C k APPROVED: I hereby certify that the necessary provisions have been made to ._ pay the liability which will accrue under this contract. ity Attorney �` n)rr r oA nen City Comptroller 4 EXHIBIT A 5 C-1 BID FORM Restroom Facility Renovation 3 Red Arrow Park 4 City of Oshkosh 5 Parks Department 6 805 Witzel Avenue 7' Oshkosh,W154902 9 HG11I Architecture Project No. 116 10 11 Bid Opening: 10:00 a.m.,March 30, 2016 12 City Manager, c/o City Clerk's Office 13 Room 104 14 City Hall—214 Church Ave. 15 P.O. Box 1130 16 Oshkosh,WI 54901 17 18 TO: City of Oshkosh,Parks Dept. 19 (A Corporation) 20 �� 21 We Capelle Bros. & Diedrich, Inc. 22 23 -of 253 N. Hickory Street Fond du Lac lgisconsin 54935 24_` (Street) (City) (State) (Zip) l (_220,- 921-7830 ( 920 ) 921-4679 2 6 (Telephone) . (Facsimile) 2 7having examined the site and contract documents,hereby agree to famish all labor and materials necessary to 28 corriplete.the work for the amount entered therein for the construction of this project, in accordance with 29 drawings and specifications prepared byHGM Architecture,Inc.,Oshkosh,Wisconsin,'includingAddendum 3o Nos. 1 j 2 hereto, as follows: 31 32 GENERAL,CONSTRUCTION: 33 34 Base Bid No. 1:General Construction Work including Division 1 through 33 as detailed and specified,for the 35 sum of: 361 4 �}I oe ov_(;�I ` S CPP �1 Dollars 37 38 ALTERNATIVE 1A: Add for the furnishing and installation of new asphalt shingles, fascia, soffit, and 39 miscellaneous materials as detailed and specified for the sum of: 40 FIVE THOUSAND FIFTY --------------------------- Dollars ($ 5,050.00 ), 41 42 ALTERNATIVE IB: Add the cost to power wash and paint the exterior masonry as detailed and specified for 43 a sum of. 44 FOUR THOUSAND NINETY --------------------------- Dollars ($ 4 090.00 45 46 UNIT PRICE: Provide a unit price per lineal foot to add or subtract from the assumed lineal foot of 47 tuckpointing specified. Cost to add or subtract a lineal foot of masonry tuckpointing: NINE and EIM0CENTIS• -------------- Dollars($ 9.50 / li_neal ft 50 51 C-2 I SUBSTITUTE BID: 2 3 The Base Bid and Alternative Bids include the products specificallynamed, The contractor may submit with 4 this proposal products of other manufacturers of similar use for the architect's consideration after the award of 5 contract,provided they are listed below and the difference in cost is indicated, 6 7 Product Add Deduct 8 9 NONE 10 11 12 13 14 15 16 I hereby certify that statements herein are made on behalf of Capel le Bros. & Diedrich, Inc. 17 18 a corporation organized and existing under the laws of the State of Wisconsin 19 ' 20 a partnership consisting of ----- -------- 21 22 an individual trading as ------ --------- that Ihave examined and carefully have 23 checked the same in detail before submitting this proposal;in(its)(their)behalf,and that said statements are 24 true and correct. 25 r 26 Signature 27 Do-Pall L, Diedrich 2 8 Title,if any �- 29 30 Sworn and subscribed to before me this 60 day of d ,h 20 , 31 32 Commission expires 33 (Notary or other authorized to admini-err oaths.)f 34 35 EXHIBIT B 6 CAPEBROOPC PD5ANOV[CH CERTIFICATE OF LIABILITY INSURANCE DATE(MWDUYYYY) 4/28/2016 THIS CERTIFICATE 15 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(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain pollde-s may require an endorsement. A statement on this certificate does.not confer rights to the certificate holder In lieu orsuch endorsement(s). PRODUCER NAMEDT Pamela Deanovich,CISR Jackson Kahl Insurance Services,LLC PHHeONN � (g20)923-4U2019 12 F�N,;(866 218-fi650 39 S.Marr St fA1EMAIL Fond Du Lac,Wt 54936 ADDRE5s;pdeanovlch 'acksonkahl.com fNSURER 5 AFFORDING COVERAGE NAIC# INSURERAIWest Bend Mutual Insurance Co. 15350 INSURED INSURER a Capelle Brothers&Diedrich,Inc. INSURERC: P.O.Box 1274 INSURER D t Fond du Lac,WI 54936.1274 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 13EEN 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.LfMITS SHOWN MAY HAVE 13EE'N REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE IVSD W4fD POLIGYNUMUER RIDilLIDbYEFF MMIDD EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE �OCCUR X 2282100 01/41/2016 0110112017 PREWSES EO s Cr e S 200,000 ME:D EXP(Any one person) g 10,000 PERSONAL 8 ADV INJURY S 1,000,000 GEN'LAGGREGATELfM[TAPPLIESPER: GENERAL AGGREGATE S 2,000,000 POLICY ff]PRO. F LOC I PRODUCTS-COMPIOPAGG S 2,000,000 OTHER; $ AUTOMOBILE LIABILITY - COLIBINED SINGLE LIt4IT S '1,000,000 Ea acdde t A X Any AUTO X 2282100 0110112016 01/01/2017 BCDILYINJURY{Per person) S ALLOWNED SCHEOULEO AUTOS AUTOS BODILY INJURY(Per acddeM) S HIRED AUTOS NON-OWNED PROPERTY DAMAGE S AUTOS Per accldenl S X UMBRELLALIAR X OCCUR EACH OCCURRENCE 5 lopo,000 A EXCESS LJAI3 CLAWS-MADE 228210D 01/0112016 01/01/2017 AGGREGATE $ 10,000,000 X DEI] RETENTIONS 0 S WORKERS COMPENSATION X PER X DTII- _ AND EMPLOYERS'LLABJUTY STATUTE ER A OFNF€CF30PRI(OP EAR NERA7ECUTIVE YN� NIA 0570764 01/0112016 01/0112017 E,LEACH ACCIDENT $ 1,000,000 (MyandatoryInNH) E.LDISEASE-EAEI,IPLOYE S 1,000,000 DESCRIPTION OF OPERATIONS below I E.L.DIS EASE•POLICY LIMIT S 11000,000 A Installation Floater 2302913 01/01/2016 01/0112017 Limit of Insurance 115,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (ACOAD 161,AddMonal Relnerks Schedule,maybe attached Nmore space Is required) Re:Restroom facility ronovation Red Arrow Park the City of Oshkosh,City of Oshkosh Consultants,architects,architect consultants,engineers,engineer consultants,contractors and subcontractors are listed as an additional insured par CO2010 and OG2037 In regards to the General Liability, per form CA2049 In regards to the auto policy Early notice of cancelfation and/or nonrenewal for 30 days par endorsement Wf3213 0414 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE f Oshkosh,Atte;City Clerk THE EXPIRATION DATE THEREOF, NOTICE: WILL BE DEL)VEREO IN City o PO Box1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh,WI 54903.1130 AUTHORIZED REPRESENTATIVE /� 6 0/1968.2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR -- - --- CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section it -Who Is An insured is amended to a. The preparing, approving, or falling to include as an additional insured the person(s) or prepare or approve maps, drawings, organization(s) shown in the Schedule, but only opinions, reports, surveys, change orders, with respect to liability for"bodily injury", "property designs or specifications; and damage" or "personal and advertising injury" b, Supervisory, inspection, or engineering caused, in whole or in part, by: services, 1. Your acts or omissions; or B. With respect to the insurance afforded to these 2. The acts or omissions of those acting on your additional insureds, the following additional ex- behalf; clusion applies: in the performance of your ongoing operations This insurance does not apply to "bodily injury"or for the additional insured(s) at the location(s) "property damage"occurring after. designated above. There is no coverage for 1. All work, including materials, parts or equip- the additional insured for bodily injury", "property damage" or"personal and adver#is- meat furnished In connection with such work, on the project (other than service, mainte- Ing injury"arising out of the sofa negligence of the additional insured or by those acting on nance or repairs) to be performed by or on behalf dthe additional insuredbehalf of the additional insured(s) at the loca- tion of the covered operations has been com- If the name of the person n or organization pieted;or stated above includes any architect, engineer 2. That portion of "your work" out of which the' or surveyor, the following applies: Injury or damage arises has been put to Its The insurance with respect to such archi- intended use by any person or organization tects, engineers, or surveyors does not other than another contractor or subcontractor apply to "bodily injury," "property damage," engaged In performing operations for a princi- or"personal and advertising injury" arising pal as a part of the same project. out of the rendering of or the failure to render any professional services by or for you, including: Contains material copyrighted by ISO, with Its permission. CG 20 90 X 07 04 West Bend Mutual Insurance Company Page 7 of 2 West Bend,Wisconsin 53095 If a written contract between you and the addi- If any of the other insurance does not permit tional insured specifically requires that this insur- contribution by equal shares, we will contribute by ante be primary, then the insurance afforded by limits. Under this method, each Insurer's share is this endorsement Is primary insurance and we based on the ratio of its applicable limit of insur- will not seek contribution from any other insur- ance to the total applicable limits of insurance of ance available to the additional insured named in all insurers. this schedule unless the other insurance is pro- if no contract between you and the additional in- vided by a contractor other than the named in- sured requires that this insurance be primary, sured. Then we will share with that other insur- then the coverage granted to the additional fin- ance by the method described below. sured under this endorsement shall be excess If all of the other insurance permits contribution over any other valid and collectible insurance. by equal shares, we will follow this method also, Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first, Copyright, Insurance Services office, Inc., 1996 Page 2 of 2 West Bend Mutual Insurance Company CG 2010 X 07 04 West Bend, Wisconsin 53095 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 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section If — 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 sched- ule of this endorsement performed for that additional insured and included in fire "products-completed operations hazard". CG 20 37 07 04 ©ISO Properties, Inc., 2004 page 1 of 7 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "Insureds" under the Who is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named insured: Authorized Re resentative SCHEDULE Name of Person(s)or Organlzation(s), (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An insured Provision contained in Section 11 of the Coverage Form. If a written contract between you and the designated insured specifically requires that this insurance be primary, then the insurance afforded by this endorsement is primary insurance and we will not seek contribution from any other insurance available to the designated insured named in this schedule unless the other insurance is provided by a contractor other than the named insured. Then we will pay only our share. Our share is the proportion that the Limit of insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. If no contract between you and the designated Insured requires that this insurance be primary, then the coverage granted to the designated Insured under this endorsement shall follow the provisions of the Coverage Form. Contains material copyrighted by iSO, with its permission, CA 20 48 Z 02 99 West Send Mutual insurance Company Pago 1 of 9 West Bend, Wisconsin 53095 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION AND/OR NONRENEWAL This endorsement modifies insurance provided under the following; BUSINESSOWNERS COVERAGE PARI' COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART Notice of Cancellation and/or Nonrenewal to other Parson(s)or Organization(s) SCHEDULE Name of Person(s)or Organ lzation(s): Notice of Cancellation Other Than Nonpayment Number of Days Notice Notice of Cancellation Nonpayment of Premium Number of Days Notice Notice of Nonrenewal Number of Days Notice Information re uired to cam Leta this Schedule, if not shown above, will be shown in the Declarations. As indicated in the Schedule above, we will mail or deliver written Notice of Cancellation for a statutorily permitted reason and/or Notice of Nonrenewal to the person(s) or organization(s)shown. Unless a specified number of Days Notice is shown above, the Notice of Cancellation and/or Notice of Nonrenewal does not apply. West Bend Mutual Insurance Company West Bend, Wisconsin 53095 Contains material copyrighted by ISO with its permission WB 213 12 10 ©ISO Properties, Inc., 2006 Page 1 of 1 E