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HomeMy WebLinkAboutBalcony Seating Enhancement/Grand Opera House & OshkoshAGREEMENT FOR BALCONY SEAT ENHANCEMENT PROJECT OF THE GRAND OPERA HOUSE This Agreement is between the City of Oshkosh ("City") and the Oshkosh Opera House Foundation ("Foundation"). The purpose of this Agreement is to effectuate the Foundation's donation of labor and materials for a balcony seating enhancement project within Grand Opera House in the City of Oshkosh and the City's acceptance of such donation subject to the conditions described in this Agreement. RECITALS A. The Grand Opera House building, a historic building located at 100 High Avenue owned by the City of Oshkosh, has 224 seats in the center balcony. B. The Foundation through an underlying donor wishes to fund a balcony seating enhancement project. The Foundation through its underlying donor(s) will donate funds sufficient to cover all materials and labor for this project. C. The remodeling of public buildings 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. 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: AnRFFMFNT Article 1 — Contract This Agreement consists of the following component parts, all of which are as fully a part of this Agreement as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. A letter dated June 16, 2017 from Joseph A. Ferlo, President and CEO of the Oshkosh Opera House Foundation, Inc., summarizing the project scope 3. Plans for Seating Enhancement Project This Agreement may be modified through written amendment and agreed to by all parties. Other documents, such as emails, may constitute approved changes without signatures to the extent these writings clearly reflect an Agreement of the parties, do not conflict with the Agreements enumerated above and do not require additional compensation. Article 2 — City's Responsibilities The City of Oshkosh accepts the donation and as permitted by Wisconsin Statute §62.15 agrees to enter into an Agreement with the Foundation for this project. The City shall furnish at Foundation's or Foundation's 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 and shall render such decisions as are necessary to aid in the completion of the work in a timely manner. Article 3 — Foundation's Responsibilities The Foundation shall purchase seats which shall be compatible with the remaining seating in the Opera House and shall contract for any necessary modifications to the balcony and installation of the new seats. The Foundation shall pay all costs for materials, installation and any other necessary services pertaining to the Balcony Seat Enhancement Project. At the time of execution of this Agreement, plans are being reviewed by the State of Wisconsin Historical Society. A copy of the draft plans are attached to this Agreement. At the time of approval by the Historical Society a copy of the final approved plans shall be clearly identified as the final approved plans and attached to this Agreement as an Exhibit hereto. The Foundation will remove approximately 244 center balcony seats and transport them to a City storage location and purchase and install replacement seating in accordance with the approved plans. Any contractors hired by the Foundation for this project must meet the City's insurance requirements (Exhibit A). Replacement seats shall be installed in such a manner that they may be removed at a future date if determined necessary by the City. If it is determined that the former balcony seats need to be reinstalled back into the Grand Opera House, the Foundation shall be responsible to remove the new seats, reinstall the former seats and replace any balcony carpet that was removed/altered as part of this project. Article 4 — Miscellaneous Provisions This Agreement shall be governed by the laws of the State of Wisconsin. Disputes shall be resolved in the venue of Winnebago County, Wisconsin. 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. [SIGNATURE PAGE FOLLOWS] F This Agreement entered in this day of 2017. CITY OF OSHKOSH 00-e By: ��— MA A. Rohloff, City Manager By: Pamela R. Ubrig, City d6irk Approved: By: I Ly A. Lorensori, City Attorney 3 OSHKOSH OPERA HOUSE FOUNDATION, INC. /pz By: _ 1,70100, -- Frank Tower, Chair By:. Ati AA oA 'Jen'n—a oleecretary June 16, 2017 Mr. Mark Rohloff, City Manager City of Oshkosh 215 Church Avenue • P.O. Box 1130 Oshkosh, Wl 54903-1130 Dear Mark: At its monthly meeting this morning, the Oshkosh Opera House Foundation voted to proceed with funding, in full and with private funds, an enhancement to the balcony seating at the Grand Opera House, which will be donated to the City of Oshkosh as a feature of this facility. The enhancement will replace 224 seats in the center balcony with 100 modern theatre seats, which will of course be complimentary to the seating and decor of the Opera House. The installation will be completely reversible if need be, but will provide a superior audience experience with wider and more comfortable seats and superior legroom. We have engaged the services of engineer Tom Karrels, whose knowledge of the facility is extensive, and he has been and will continue to work with city staff to ensure compliance. The work of creating wider aisles and superior legroom (by "filling" and leveling alternate seat aisles with matching carpet) will be conducted with a licensed contractor, working in conjunction with Mr: Karrels. In addition to creating, a superior audience experience, the earning capacity for performances at Grand is actually increased (a goal we have all agreed was desirable) in this alignment, as what were previously D and E level seats are now replaced by AA seats. There are no restrictions or conditions to this donation, and we will execute it with privately raised funds at no expense to the City, as we did with the $1 million Grand lounge project in 2010. We expect the cost of seats and modifications to code to cost between $100,000-$150,000, and as I mentioned, the cost will be entirely covered by private funds raised by the Oshkosh Opera House Foundation. The financing is in place and we are prepared to begin immediately upon acceptance of this donation. It is likely that a plaque will be installed at the side aisle of the balcony, to recognize any donors and to continue to recognize the donors whose names have previously appeared on the seat arms for the seats which will be removed and replaced. This will be done at a level of taste and quality consistent with the recognition done in the previously mentioned Grand Lounge project. We expect that there will be no additional maintenance required for these seats, once installed. In fact, we expect that the new seats will require less maintenance than do the seats currently installed. Though reversible if need be, the contactor and engineer, working with the City, will ensure that the lifespan of the project will align with the lifespan and maintenance of the facility. We have been in communication with Jon Urben as this project developed, and have presented to and will keep informed the Grand Opera House Advisory Board. We respectfully request the Oshkosh Common Council accept this donation on behalf of the citizens of Oshkosh, in order that we might proceed during the summer "down time" and have this enhanced seating experience available in time for the new season which debuts after Labor Day. If you have any questions, please do not hesitate to ask. All of us at The Grand thank the City Staff and mon Council for their collaborative support as we all work to create the best experience for audien es who attend performances at the historic Grand Opera House. Si Jo eph A. Ferlo Pre 'dent and CEO Oshk h Opera House Foundation, Inc. Cc: Frank Tower, Chair of the Board of Directors Jon Urben, Manager, General Services Division �artth l+�a vr`�nrc�r N6NO]SVA 'NSOMX50 L73ws H01H 001 3snOH Vd3dO oNVd9 3Hl 3tHd YN 3mm r !d Yo a � r r- '¢ NOLL tl0lNI1N311� sNouaaaIW oHuaas uaoolae � N011dtl]530 31YV 'A3" h, is Y C, Za JZ om y u u u i O F om ®z 1 SS x . o O Z O �pp i N �' r mu �oo W 0 IY Ill�� ao� C J z oua o z sena jm LU (LtN W �+ ZZ Ua) <x p -- z EDwz m0 04 D / K a FF W m !C N m A W � W fo¢ 2 O O 1 A< J O C 2 O U O Op J � � = O U F- N Of�9 V Q !A J Iwai lv�Mo rnr�nrul ar vel elao�ry Nt5N0.7S1N iKOWi50 133015 NOIN asnOH t/N3dO ON"D 3HI SNOI1V83XTV ONIMS ANOOIVB OOl ;mm N011VWUOd NIlN3117 r t �yift I q cV T� Q la; NOLL& Oi30 31Y0 'ti3tl O gJl Om ~W W Q N O 00 ® F- 2 �U FU O ut F -2 A O YI Z 0 N n o O 20 u 0 of Oa O W ui Q ap�W, W� dLL N W' ZCi J� d Q Q IL Q1 �Ppj 2f zW N 00r [na.Z z oQ 0 `No O N a O _ N ��vssy *0 OJ A Q J 0 O O Z 0 O O U U O NS WQ WJ lou[N�'Ptro T1��+dn'rt�l N5lg2SA'HSO>O= 133tl1i NOIH OOl ^� �s a asnOH VM3dO ON"O 3H1 ,° d ri SNOI1V8311V ONI1V3S ANOOIVB N I1VWtlOdNI1N3117 ` `� $ NOILdItlO53O 31W 'A3tl �� Z 4 s Q -9A U. - U. / z 1A U zz v / L r.3C W t`a ::ja�a I/ I/ 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS II. CONTRACTOR'S INSURANCE WITHOUT PROPERTY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until 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 prima coverage 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 A. Commercial General Liability 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 two years after acceptance of completed work. B. Automobile Liability 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 Liability 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. 4/14/14 E. Aircraft Liability, "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. Builder's Risk / Installation Floater / Contractor's Equipment or Property - 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. G. Also, see requirements under Section 3. H. 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. Payment 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 contract's execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 3. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best 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. II -2 4/14/14 3. APPLICABLE TO CONTRACTORS / SUBCONTRACTORS / SUB -SUB CONTRACTORS A. Acceptability 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. II -3 AC�� p, �.� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYY) 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 Insurance Agency contact Information, including street address and PO Box It applicable, CONTACT NAME: PHONE Insurance Agent's AX contact information. A1C. No): (A1C. No. Ext): i E-MAIL GENERAL LIABILITY ®rGene�ral COMMERCIAL GENERAL LIABILITY ❑A CLAIMS -MADE OCCUR ® ISO FORM CG.20 37 OR EQUIVALENT El ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC If INSURERA: ABC Insurance Company NAIC # INSUREDInsured's confact information, inc/uding name, address and phone number. INSURER B: XYZ Insurance Company NAIC # INSURER c: LMN Insurance Company NAIC # INSURER D: Insurer(s) must have a minimum A.M. Bestrating ofA- and a Financial Performance Rating of V1 orbetter. $ 50,000 MED EXP (Any one person) INSURER E: PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE INSURER F: GEN'LAGGREGATE LIMIT ��APPLIES PER: __1 POLICY IN(IJECPROInILOC �I�y�JECT [[I PRODUCTS —COMP/OP AGG rnVFRAGFR CERTIFICATE NUMBER: REV151UN NUMBER: THIS IS TO CERTIFY THAT THE POLICIES .OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 LTR TYPE OF INSURANCE ADDL INSR SUER WVD I POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS GENERAL LIABILITY ®rGene�ral COMMERCIAL GENERAL LIABILITY ❑A CLAIMS -MADE OCCUR ® ISO FORM CG.20 37 OR EQUIVALENT El ® EACH OCCURRENCE $ 1,000,000 Liabd' Polic Number I ny� Poficy effective and expiration date. DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT ��APPLIES PER: __1 POLICY IN(IJECPROInILOC �I�y�JECT [[I PRODUCTS —COMP/OP AGG $2,000,000 $ B AUTOMOBILE ® ❑ ❑HIRED ❑ LIABILITY ANY AUTO ALL OWNED q SCHEDULED AUTOS AUTOS AUTOSNON-OWNED ❑ AUTOS ❑ ® ❑ COMBINED SINGLE LIMIT Ea accident)_ BODILY INJURY (Per person) BODILY INJURY (Per accident) .$ 1,000,000 _ $ $ rAuto Liability Policy 1PoEcy effective and expiration date.1 PROPERTY DAMAGE (Per accident) $ $ A ® ❑ UMBRELLA LIAB EXCESS LIAR ®,OCCUR El CLAIMS -MADE ® ❑ EACH OCCURRENCE $ 2,000,000 AGGREGATE $2,000,000 Umbrefla liability Policy Number Policy effective and expiration date. ❑ICEDI®RETENTIONy10,000 I I �$ C WORKERS COMPENSATION AND EMPLOY RS' L A ILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEIMEMBER EXCLUDED? YINE.L. (Mandatory in NH) N If yes, describe under DESCRIPTION OF OPERATIONS below 1:1 E]® Workers Compensation Policy I Number JPoficy effective and expiration date. TORY LIMITS 1 WC STATU- E]OER EACH ACCIDENT $ 100,000 E.L. DISEASE_, FA EMPLOYEE $ 100,000 E.L. DISEASE—POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insureds per attached endorsements. 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. CERTIFICATE HOLDER CANCELLATION City of Oshkosh, Attn: City Clerk 215 Church Avenue 21Box 1130 PO Oshkosh, WI 54903-1130 Insurance Standard II SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE, THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE this certificate is for. U 99tss-ZU9U AGORU GURPORAT i0N. Au rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 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 Organization(s): Location(s) Of Covered Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — 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 damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s) at the location(s) design- nated above. Insurance Standard 11 SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 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. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: Policy # COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "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// SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑