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HomeMy WebLinkAboutCapelle Bros & Diedrich Inc Teichmiller Park Restroom RenovationqfR �% �` yaw Oshkosh CONTRACTOR AGREEMENT: TEICHMILLER PARK RESTROOM FACILITY RENOVATION THIS AGREEMENT, made on the 12TH day of JULY, 2017, 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 ST, 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 Contractor's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE II. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (TODD A DIEDRICH, PRESIDENT) 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. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (CHAD DALLMAN, ASSISTANT DIRECTOR OF PARKS) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled TEICHMILLER PARK RESTROOM FACILITY RENOVATION and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE V. 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 VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than OCTOBER 27, 2017 ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $98,680.00 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 reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall 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 VIII. 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 ad- judged 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 IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. TERMINATION A. For Cause. If the Contractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor. In this event, the Contractor shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: (Seal of Contractor if a Corporation.) CONTRACTO NSULTANT By: Fx-�_ (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: L� Mark A. ohloff, City Manager And: Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. y ttorney City Comptroller Teichmiller Park — Restroom Facility Renovation SECTION 004113 — BID FORM — STIPULATED SUM (SINGLE — PRIME CONTRACT) To: Oshkosh City Manager c/o City Clerk's Office, City Hall 215 Church Avenue P.O. Box 1130 Oshkosh WI 54903-1130 Project: Restroom Facility Renovation, Teichmiller Park Date: June 27, 2017 Submitted by: Capelle Bros. & Diedrich,__ Inc. (full name & address) 253 North Hickory Street Fond du Lac, WI 54935 1. OFFER &hibiLA 17002M Having examined the Place of The Work and all matters referred to in the General Information, Instructions to Bidders and the Contract Documents prepared by T.R. Karrels & Associates, S.C. for the above mentioned project, we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of: ` $ Zi /-/ w 400 dollars, in lawful money of the United States of America. We have included the security deposit as required by the Instructions to Bidders. All applicable federal and local taxes are included in the Bid Sum. 2. ACCEPTANCE This offer shall be binding for thirty-five calendar days following the bid opening date, unless we, the Bidder, upon the request of the purchasing agent, agree to an extension. ■ If this bid is accepted by the Owner within the time period stated above, we will: ■ Furnish the required bonds within seven days of receipt of acceptance of this bid. ■ Commence work within seven days after written acceptance of this bid. If this bid is accepted within the time stated, and we fail to commence the Work or we fail to provide the required bonds, the security deposit shall be forfeited as damages to the Owner by reason of our failure, limited in amount to the lesser of the face value of the security deposit or the difference between this bid and the bid upon which a Con- tract is signed. In the event our bid is not accepted within the time stated above, the required security deposit will be returned to the undersigned, in accordance with the provisions of the Instructions to Bidders; unless a mutually satisfactory ar- rangement is made for its retention and validity for an extended period of time. 3. CONTRACT TIME If this Bid is accepted, we will: BID FORM — STIPULATED SUM (SINGLE — PRIME CONTRACT) 004113-1 Teiclimiller Park — Restroom Facility Renovation ■ Commence the Work by (date) 08/14/2017 ■ Complete the Work by (date) 4. CHANGES TO THE WORK 10/27/2017 17002M When the Architect / Engineer establishes that the method of valuation for Changes in the Work will be net cost plus a percentage fee in accordance with General Conditions, our percentage fee shall be: 15 percent overhead and profit on the net cost of our own Work; 7.5 percent on the gross cost of work done by any Subcontractor. On Owork deleted from the Contract, our credit to the Owner shall be the Architect / Engineer approved net cost plus of the overhead and profit percentage noted above. 5. ADDENDA The following Addenda have been received. The modifications to the Bid Documents noted below have been con- sidered and all costs are included in the Bid Sum. Addendum # ONE Dated 6-21-17 Addendum # Dated Addendum # Dated Addendum # Dated 6. APPENDICES The following documents are attached to and made a condition of the Bid: Bid security deposit in form of Bid Bond Document 004300 including: Appendix A — List of Alternates. 6. ADDITIONAL BIDDER QUALIFICATION INFORMATION After the bid opening, the City of Oshkosh will distribute a Request for Additional Qualification Information form, to be completed and returned to the City Manager (address above) within 24 hours. 7. BID FORM SIGNATURES The Corporate Seal of Capelle Bros. & Diedrich, Inc. (Bidder — print the full name of your firm) Was hereunto affixed in the presence of: Todd A. Diedrich, President BID FORM — STIPULATED SUM (SINGLE — PRIME CONTRACT) 004113-2 Teichmiller Park — Restroom Facility Renovation 17002M (Authorized signing officer) Title) (Seal) J1 14" (Authorized signing officer) Title) Susan R. Diedrich, Secretary/Treasurer (Seal) If the bid is a joint venture or partnership, add additional forms of execution for each member of the joint venture in the appropriated form or forms as above. END OF SECTION 004113 BID FORM — STIPULATED SUM (SINGLE — PRIME CONTRACT) 004113-3 Teichmiller Park — Restroom Facility Renovation SECTION 004300 — PROCUREMENT FORM SUPPLEMENTS To: Oshkosh City Manager c/o City Clerk's Office, City Hall 215 Church Avenue P.O. Box 1130 Oshkosh WI 54903-1130 Project: Restroom Facility Renovation — Teichmiller Park Date: June 27, 2017 Submitted by: Capelle Bros. & Diedrich, Inc. (full name & address) 253 North Hickory Street Fond du Lac, WI 54935 17002M In accordance with Document 002113 and Document 004113, we include the Appendices to Bid Form Supplements listed below. The information provided shall be considered an integral part of the Bid Form. The following Appendices are attached to this document: Appendix A — List of Unit Prices: Include unit prices for work described in Section 012000 - Unit Prices. Appendix B — List of Alternates: Include cost variation to Bid Sum applicable to the Work described in Section 012000 — Alternates. BID FORM SUPPLEMENTS SIGNATURES The Corporate Seal of Capelle Bros. & Diedrich, Inc. (Bidder — print the full name of your firm) Was hereunto xe the presence of: Cd Q..a e (Authorized signing officer Title) Todd A. Diedrich, President (Seal) ` (Authorized signing officer Title) Susan R. Diedrich, Secretary/Treasurer (Seal) PROCUREMENT FORM SUPPLEMENTS 004300- 1 Teichmiller Park — Restroom Facility Renovation APPENDIX A - LIST OF UNIT PRICES The following is the list of Unit Prices referenced in the bid submitted by: (Bidder) Capelle Bros. & Diedrich, Inc. To: Oshkosh City Manager c/o City Clerk's Office, City Hall 215 Church Avenue P.O. Box 1130 Oshkosh WI 54903-1130 Dated June 27, 2017 and which is an integral part of the Bid Form. 17002M The following are Unit Prices for specific portions of the Work as listed, and are applicable to authorized variations from the Contract Documents. Refer to Section 012000 — "Price and Payment Procedures: Schedule of Unit Prices" for description of Unit Prices. Note: General Contractor to fill in unit values. Item Description Unit Value — Added Work Unit Value — Deleted Work 1) Exterior masonry tuck pointing that exceeds quan- tity indicated on drawings. $ 5.00/1f $ 5. 00/1f PROCUREMENT FORM SUPPLEMENTS 004300-2 Teichmiller Park — Restroom Facility Renovation APPENDIX B - LIST OF ALTERNATES The following is the list of Alternates in the bid submitted by: (Bidder) Capelle Bros. & Diedrich, Inc To: Oshkosh City Manager c/o City Clerk's Office, City Hall 215 Church Avenue P.O. Box 1130 Oshkosh WI 54903-1130 Dated June 27, 2017 and which is an integral part of the Bid Form. The following amounts shall be added to or deducted from the Bid Sum. Refer to Section 012000 — Alternates: "Schedule of Alternates" for description of Alternates. 17002M Alternate #1 Remove existing roofing material and exist- ing fascia boards, provide new asphalt shin- gles over new 15# felt and new fiber -cement fascia boards. ADD $ 4,540.00 Alternate #2 Power wash exterior cmu and apply anti - graffiti coating as specified, typical all exterior cmu. ADD $ 1,660.00 END OF SECTION 004300 PROCUREMENT FORM SUPPLEMENTS 004300-3 I b i I b CAPFRR0013C Pr1FAKInVICI4 ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 08/14/2017 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 have ADDITIONAL INSURED provisions or 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 Pamela Deanovich, CISR NAME: PHONE FAX (A/C, No, Ext): (920) 923-4020 1112 (A/C, No):(866) 218-6850 Jackson Kahl Insurance Services, LLC 17 N Pioneer Road Fond Du Lac, WI 54935 A oRIE : pdeanovich@jacksonkahl.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: West Bend Mutual Insurance Co. 15350 INSURED INSURER B, INSURERC: Capella Brothers 8r Diedrich, Inc. INSURER D, P.O. Box 1274 Fond du Lac, WI 54936-1274 INSURER E INSURER F: 01/01/2018DAMAGE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR T TYPE OFINSURANCE ADDL IN D SUBR WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR 2282100 01/01/2017 01/01/2018DAMAGE TO RENTED 200,000 PREMISES a occurrence $ MED EXP (Any oneperson) $ 10,000 PERSONAL &ADV INJURY $ 1,000'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JE 4 F] LOC GENERAL AGGREGATE $ 2'000'000 PRODUCTS - COMP/OP AGG $ 2'000'000 $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ BODILY INJURY Perperson) $ XANYAUTO 2282100 01/01/2017 01/01/2018 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ X HIRED X NON -AWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 10'000'000 AGGREGATE $ 10'000,000 EXCESS LIAB CLAIMS -MADE 2282100 01/01/2017 01/01/2018 DED X IRETENTION $ 0 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A 0570764 07/0112017 01/01/2018 X PIAT E X EOT- TH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1'000'000 Ifyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: Teichmiller Park The City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are named as additional insureds on a primary and non-contributory for on going and completed oprations with a waiver of subrogation under general liability form #CG2010Y, CG2037. Early notice of cancellation and/or nonrenewal for 30 days per endorsement WB213 0414. The umbrella includes in its underlying the general liability, automobile liability and employers liability. City of Oshkosh Attn: City Clerk 215 Church Avenue PO BOX 1130 Oshkosh, WI 54903-1130 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 ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Magrady, Holly From: Greeninger, Paul D. Sent: Monday, August 14, 2017 11:13 AM To: Magrady, Holly Subject: RE: Cert of City of Oshkosh revised cert There will be no need to delay the work from being performed at this time. Use this e-mail for now, and replace it with the neve endorsements once they come in. Paul Greeninger Safety & Risk Management Officer City of Oshkosh 920.236.5117 Follow us: Web I Facebook I Twitter VOshkosh From: Magrady, Holly Sent: Monday, August 14, 2017 11:12 AM To: Greeninger, Paul D. <PGreeninger@ci.oshkosh.wi.us> Subject: FW: Cert of City of Oshkosh revised cert Paul Do I use this email as their additional insured or is she resending an official....just want this over the finish line so I can get the contracts out so thank you for all of your assistance!!! Thanks Holly A Magrady Senior Buyer, Purchasing Division City of Oshkosh 920.236.5101 Follow us: Web I Facebook I Twitter i +t WOshkosh From: Greeninger, Paul D. Sent: Monday, August 14, 2017 11:07 AM 1 To: 'Pam Deanovich' <pdeanovich@iacksonkahl.com> Cc: Magrady, Holly <hmagradv@ci.oshkosh.wi.us>; Rob Ellison (rob@capellediedrich.com) <rob@capellediedrich.com> Subject: RE: Cert of City of Oshkosh revised cert Looks good. Thank you very inch. Paul Greeninger Safety & Risk Management Officer City of. Oshkosh 920.236.5117 Follow us: Web I Facebook I Twitter Oshkosh From: Pam Deanovich [mailto:pdeanovich@iacksonkahl.com] Sent: Monday, August 14, 2017 10:43 AM To: Greeninger, Paul D. <PGreeninger@ci.oshkosh.wi.us> Cc: Magrady, Holly <hmagrady@ci.oshkosh.wi.us>; Rob Ellison (rob@capellediedrich.com) <rob@capellediedrich.com> Subject: Cert of City of Oshkosh revised cert Paul, Attached you will find revised certificate, updating the wording per the insurance requirements to: The City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers Endorsement forms from West Bend to follow. We have requested a revision to Delete wording for: CG2010Y for The City of Oshkosh, consultants, architects, architect consultants, engineers, engineer consultants, contractors and subcontractors CG2037 for The City of Oshkosh, consultants, architects, architect consultants, engineers, engineer consultants, contractors and subcontractors WB213GL for City of Oshkosh Your Umbrella policy has been updated to include this change Change To: CG2010Y for The City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers CG2037 for The City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers WB213GL for City of Oshkosh Your Umbrella policy has been updated to include this change Questions or need assistance, please let us know. Thank you, Pam Deanovich, CISR Senior Account Executive I Direct 920-907-6552 Jackson Kahl Insurance Services, LLC 17 N Pioneer Rd I Fond du Lac WI 54935 Corporate 920-923-4020 1800-524-5467 1 Fax: 866-218-6850 pdeanovich@jacksonkahl.com I www.jacksonkahl.com PLEASE NOTE I WILL BE OUT OF THE OFFICE ON AUGUST 22ND THROUGH AUGUST 30TH The materials in this message are private and may contain Protected Healthcare Information and/or information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient or agent responsible for delivering the message to the intended recipient, be advised that any unauthorized use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this communication in error, please immediately call to notify the sender and destroy this communication.