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CR Meyer Eagle Exhibit Construction 2019
i -31- . AGREEMENT TO CONSTRUCT EAGLE EXHIBIT This Agreement is between the City of Oshkosh ("City"), the Oshkosh Area Community Foundation ("Foundation"), and CR Meyer. ("CR Meyer"). The purpose of this Agreement is to effectuate the Foundation's gift of an eagle exhibit to be constructed at the City's Menominee Park Zoo, the City's acceptance of such gift subject to the conditions described in this Agreement, and the hiring of CR Meyer to design and build the eagle exhibit. RECITALS A. The City has identified an area at the Menominee Park Zoo that is available and suitable for construction of an eagle exhibit in the City of Oshkosh. B. The Foundation, City, and CR Meyer have discussed various options for the construction of an eagle exhibit, and have concluded that an appropriate and desirable exhibit will cost approximately $228,500.00. C. The Foundation has received substantial donations for the purpose of constructing an eagle exhibit at the Menominee Park Zoo. D. The City has identified certain, limited, funds that are available to contribute to the Foundation for this project from previously donated funds for zoo exhibits/improvements. E. The Foundation seeks to undertake the construction of the eagle exhibit 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 CR Meyer for the design and construction of the eagle exhibit, and CR Meyer wishes to provide the requested design and construction services for this project. G. The construction of the eagle exhibit 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 1 Draft Date: April 16, 2019 r Y Foundation for the sole purpose of contributing toward the cost of material for this project. The remaining labor costs and all of the 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 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, CR Meyer' 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 CR Meyer proposal attached as Exhibit A shall be resolved in favor of the terms of this document. Article 2—Contract Amount and Project Funding 2.1 The Foundation agrees to pay CR Meyer an amount not to exceed Two Hundred Two Hundred, Twenty-Eight Thousand, Five Hundred and NO/100 Dollars ($228,500) for the design and construction of the eagle exhibit at the City's Menominee Park Zoo as generally described in their proposal attached hereto as Exhibit A. CR Meyer agrees to design and construct this eagle exhibit for this amount. The City, as the recipient of the Foundation's eagle exhibit gift, 2 Draft Date: April 16, 2019 . s constructed on City property, is an interested party in the Agreement between the Foundation and CR Meyer. 2.2 All parties agree that bills, invoices, and requests for payment will be submitted by CR Meyer 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 CR Meyer for the costs associated with this project. 2.3 CR Meyer shall submit monthly invoices for progress payments to the Foundation with copies to the City. The Foundation will review the invoices and pay those approved by the 15th day of the month, or the first normal business day thereafter, the invoice was received. 2.4 The City's contribution to this project will be solely from funds donated by private individuals for zoo purposes. The City shall provide the Foundation with a lump sum contribution of One Hundred, Ninety-Five Thousand and NO/100 Dollars ($195,000) which had previously been donated to the City for zoo exhibits/improvements to be used solely for material costs associated with the project. The remaining funds of Thirty-Three Thousand, Five Hundred and NO/100 Dollars ($33,500.00) are held in an account for this project at the Oshkosh Area Community Foundation. The City's contribution shall occur at the commencement of this project. 2.5 The Foundation and CR Meyer 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 CR Meyer and shall not be an additional expense to the City. 2.6 The Foundation and CR Meyer 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 solely to material costs on this project. The Foundation and CR Meyer 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 eagle exhibit on the site identified in the Menominee Park Zoo. 3 Draft Date: April 16, 2019 3.2 Receive and review bills, statements, and requests for payment from CR Meyer. 3.3 Make payments to CR Meyer for all work completed and approved on the project. 3.4 Provide accountings and other project-related information upon request by the City. 3.5 Provide, or assist in providing, all documents necessary to finalize the eagle exhibit gift to the City. Article 4—CR Meyer Responsibilities 4.1 Designate a representative with full and complete authority to act on CR Meyer'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 CR Meyer 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 eagle exhibit. 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 eagle exhibit. 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 CR Meyer'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 4 Draft Date: April 16,2019 drawings, outline specifications, or other documents sufficient to establish the size, quantity and character of the eagle exhibit, its architectural, structural, mechanical and electrical systems, and the materials and such other elements of the project as may be appropriate. 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. 5 Draft Date: April 16, 2019 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 Menominee Park and the Menominee Park Zoo 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 CR Meyer believes that the work or an agreed upon portion thereof is substantially completed. If the City and Foundation concur, CR Meyer 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 CR Meyer shall complete items listed therein. 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 CR Meyer'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, CR Meyer 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. 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. 6 Draft Date: April 16, 2019 5.2 Make sufficient space available for CR Meyer and their subcontractors to construct the eagle exhibit, including construction storage and staging areas. The general location of the eagle exhibit is attached as Exhibit B. 5.2 Provide CR Meyer 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 CR Meyer 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 CR Meyer 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 CR Meyer 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 CR Meyer and are expected to be included in their Proposal. 5.7 Promptly notify CR Meyer 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 CR Meyer in connection with this project through CR Meyer. 5.9 Provide CR Meyer with a Notice to Proceed when the project is ready to begin. Article 6—Project Timing 7 Draft Date: April 16, 2019 6.1 CR Meyer 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 Menominee Park Zoo 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 CR Meyer, a construction schedule shall be submitted and, subject to authorized modifications, substantial completion of the entire project shall be achieved on or before November 1, 2019. 6.6 If CR Meyer 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 CR Meyer, or by delay authorized by the City or Foundation, or by other causes which the City, Foundation, and CR Meyer agree may justify delay, then the contract time shall be reasonably extended through written agreement. Article 7—Protection of Persons and Property 7.1 CR Meyer shall be responsible for initiating, maintaining, and providing supervision of all safety precautions and programs in connection with the performance of this Agreement. 8 Draft Date: April 16, 2019 7.2 CR Meyer 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 CR Meyer or CR Meyer's 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 CR Meyer 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 CR Meyer 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 CR Meyer, 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 CR Meyer shall promptly correct work rejected by the City or Foundation or known by CR Meyer 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. CR Meyer 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, CR Meyer shall promptly correct the work after receipt of written notice from the City to do so. Such corrections and repairs shall be at CR Meyer's expense. 8.3 Nothing in this article shall be construed to establish a period of limitation with respect to other obligations that CR Meyer may have under this Agreement. The one year time period established in Section 13.2 relates only to the specific obligation of CR Meyer to correct the work and has no relationship to the time within which the obligation to comply with the contract documents may be sought 9 Draft Date: April 16, 2019 to be enforced, nor to the time within which proceedings may be commenced to establish CR Meyer liability with respect to its' obligations other than the obligation to specifically correct the work. 8.4 If CR Meyer 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 CR Meyer or other persons of entities. 8.5 If CR Meyer 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 CR Meyer and seven (7) days following receipt by CR Meyer 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 CR Meyer, 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 CR Meyer and CR Meyer 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 CR Meyer, CR Meyer 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 10 Draft Date: April 16, 2019 the other parties in the event that the project is abandoned. If such termination occurs, CR Meyer shall be compensated for work completed to the termination date, together with reimbursable expenses then due. 9.5 If CR Meyer 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 CR Meyer 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 CR Meyer 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 CR Meyer. If the expense of completing the work and all damages incurred by the Foundation and City exceed the unpaid balance, the City shall invoice CR Meyer for the difference and CR Meyer 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, CR Meyer may give written notice of CR Meyer's 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, CR Meyer may give a second written notice and, seven(7) days after receipt after such second written notice by the Foundation, CR Meyer may terminate this Agreement. If such termination occurs, CR Meyer shall be compensated for work completed to the termination date, together with reimbursement expenses then due. Article 10—Ownership and Use of Documents, Designs, 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 11 Draft Date: April 16,2019 is commenced or completed, provided, however, that CR Meyer 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 CR Meyer 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, CR Meyer grants to the City and the Foundation beginning on 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 entire term of intellectual property protection. The License shall allow 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 CR Meyer 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 CR Meyer 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 Section 10.3. 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. Such approval shall not be unreasonably withheld. 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. 12 Draft Date: April 16,2019 10.4 It is understood that the City and Foundation consider the eagle exhibit's aggregate design expression and any distinctive individual features to be unique and of commercial value. Therefore, CR Meyer and its design subcontractors agree not to design or build, or allow other third parties the use of the materials to design or build another exhibit having a substantially similar aggregate design expression so that the average person would relate the other exhibit to the City's exhibit. However, individual features or combinations of features may be used in other projects as long as an average person would not relate the new structure to this eagle exhibit. 10.5 CR Meyer 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. Article 11 —Insurance and Bonds CR Meyer and its subcontractors must hold insurance required by the City during the course of this project. CR Meyer shall not commence work under this Agreement until it has obtained all required insurance required and such insurance has been approved by the City. CR Meyer 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, CR Meyer 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 CR Meyer's involvement in the eagle exhibit. 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 itself), but only to the extent caused in whole or in part by negligent act of omissions of CR Meyer, anyone directly or indirectly employed by CR Meyer or anyone for whose acts CR Meyer 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. 13 Draft Date: April 16,2019 12.2 In claims against any person or entity indemnified under this article by an employee of CR Meyer, anyone directly or indirectly employed by CR Meyer or anyone for whose acts CR Meyer 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 CR Meyer 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 contractors 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 public records laws. 13.2 The Foundation and CR Meyer agree to make documents available to the City for review and potentially release to those requesting public records. The Foundation, CR Meyer, 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 particular document to the public or a waiver of any rights or protections. The act of providing a document to the City to review for applicability to public records law is not intended to turn an otherwise private document into a public document. 13.3 To the extent that the City determines that documents provided by the Foundation and/or CR Meyer are public records, the City shall notify the Foundation and CR Meyer of this conclusion and will allow five (5) business days for the Foundation and/or CR Meyer the opportunity to initiate any proceeding deemed necessary to protect their interests. 13.4 The failure of the Foundation and/or CR Meyer to cooperate with public open records requests will be considered a material breach of this Agreement. 13.5 CR Meyer public records responsibilities described in this document are limited to documents related to this project only. Article 14-Miscellaneous Provisions 14 Draft Date: April 16,2019 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 CR Meyer 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 CR Meyer's obligations pursuant to this Agreement. 14.5 CR Meyer shall be responsible for all construction means, methods, technilues,; sequences, and procedures, and for coordinating all portions of the work subject to this Agreement. 14.6 CR Meyer 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. Construction not conforming to these requirements shall be corrected by CR Meyer at CR Meyer's expense. 14.7 If CR Meyer 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 CR Meyer, or by delay authorized by the City, or by other causes that the City and CR Meyer 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 15 Draft Date: April 16, 2019 r undertaken at the City's expense and in a timely manner and shall not delay the orderly progress of the Design/Builder's services. 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: , .. Bill WXman t ; r, .Oshkosh Area Community Foundation • 231Ohio Street Ohkosh, WI 54902 To CR Meyer, Inc. Andy Frank Address City, WI xxxxx [SIGNATURE PAGE FOLLOWS] 16 Draft Date: April 16,2019 This Agreement entered in this4/11day of Apr; 1 , 2019. CITY OF OSHKOSH Mark A. RRoohloff City Manager .n/d/.1 - (/( % Pamela R. Ubrig City Clerk _ hereby certify that appropri►S;`,ons are 11110k I able to meet claims on Nit ate . recommend f it allevelerbco. APPROVED: !'1i.CvwpRdtt►.t Ly A. Lorens City Attorney CR MEYE INC. B Ton,,, De.L.Nfeow , CFO OSHKOSH COMMUNITY FOUNDATION By: G� Bill Wyman, Presi t and CEO 17 Draft Date: April 16, 2019 4IivJ of rtkri s7i'1'tgq Iii1r •. • .•_.•..11"cMs It k-xx;4;- ,Q IG E January 14, 2019 Oshkosh Area Community Foundation Ms. Karlene Grabner Director of Donor Services 230 Ohio Street, Suite 100 Oshkosh, WI 54902 Reference: Menominee Park Zoo Eagle Exhibit REV. 3 Dear Karlene: We have reviewed your project requirements and have prepared this proposal to complete the above referenced project per our discussions. Work will be completed on a time and material not-to-exceed basis with no mark-up. Our quote is Two Hundred Twenty-Eight Thousand, Five Hundred and 00/100 Dollars ($228,500.00). Our work includes the following as described on our walk-through on 4/2/18 at Menominee Park Zoo, as well as the FEH Design drawings A1.1 and S1.0 dated 6/30/16 and 7/5/16: The scope of work is as follows: 1. Mobilization to the site. 2. Orientate all workers to site specific safety regulations and requirements. 3. Local building permit. 4. Construction testing as needed. 5. Provide and install temporary construction fencing. 6. Clear and grub the area where the eagle enclosure is to be placed. 7. Remove the existing stump and dispose of at the city provided site. 8. Excavate for the foundations. 9. Excavate and install a 1" poly water line from the existing well house to the eagle exhibit. 10. Form, Reinforce and Pour(FRP) seven 8' wide by 8' long by 14" thick spread footings. 11. FRP seven 2'wide by 2' long by 5'tall concrete piers. 12. FRP a 5' tall continuous concrete barrier wall around the perimeter of the eagle enclosure. 13. FRP 170 lineal feet by 8'wide by 6"thick concrete walkway, per the FEH drawings. 14. FRP 75 lineal feet by 8' wide by 6"thick Southeast concrete walkway, per the city provided plan, to allow for ADA compliance. 15. Supply and install fifty-six anchor bolts. 16. Grout under seven column base plates. 17. Backfill around the foundations and concrete barrier wall. 18. Furnish and install seven tube steel columns. 19. Provide and install HSS 8X8X5/16 tube steel at the top of the columns around the perimeter of the eagle enclosure. 20. Supply and install the radius beams and netting on the end of the enclosure. 21. Supply and install two sets of%" diameter cable x-bracing. 22. Furnish and build the 16' wide by 26' long steel and wood observation deck. Also provide and install 145 lineal feet of the metal decorative fencing to match the existing. 23. Furnish and install Nett'em 3"X3"X1/16" stainless steel black oxide finish netting with hardware. 24. Clean-up and demobilization from the site. The following work is excluded: 1. Certification, removal, and disposal of hazardous materials. 2. Liquidated and consequential damages. 895 W 20th Avenue/PO Box 2157/Oshkosh WI 54903-2157/920.235.3350/FX 920.235.3419/crmeyer.com Oshkosh Area Community Foundation Menominee Park Zoo Eagle Exhibit REV.3 January 14,2019 3. Weekend or holiday premium pay. 4. Asbestos, lead or mold remediation. 5. Engineering or design. 6. Mark-up. 7. Priority 1 and 2 West concrete walkways per the city provide plan. 8. Supply or install the sculpted tree in the enclosure. 9. Supply or install the eagle shelter. 10. Electrical or lighting. 11. Unsuitable Soils. 12. Deep foundation systems. 13. Winter Conditions. Assumptions / Clarifications: 1. Due to the volatility of the steel market right now the steel will need to be repriced before construction. 2. All materials have been updated to reflect current market pricing. 3. We are assuming construction will start in the spring of 2019. Warranty: 1. CR Meyer provides a one-year workmanship warranty. Project Billing: 2. CR Meyer will invoice for construction services monthly on work completed to date. Thank you for the opportunity to provide you with this proposal. We are looking forward to working with you on this project. Please feel free to call if you have any questions. Respectfully, Andy Frank Project Manager AJF/clw Cc: Raymond Maurer, City of Oshkosh Parks Department Proposal Acceptance: CR Meyer Oshkosh Area Community Foundation Tom DeLeeuw Karlene Grabner Chief Financial Officer Director of Donor Services Signature: Date: Page 2 of 2 .. .., i _ ,.....__.. . „is c *.. 4;. .. e , ,... / . ,., . . .., . croS.P.11- -, , , 4 ..... .. , , , .. ..... ,• *- ' Exhibit B , .•,,,- . . irt...._,„,,,,,, • . .. . _ . II 41). b . , . •40. . ? ..* 1 • . , .1114-6 . i.t. t - .3: kil • •* • . . - •* ',it .., ' -It 't - 0 -.16 • • .:,.-4,...e.„ . , . 003dt-*' - 0/ . . • _ • . P 11111116 4, ..,. . .• ii.li. '••':' . ' •'. . k C•_T[ • -1.)111111101111.- r 4.- • .•'•: . , .. .. . . •. 1-1, . • Vitt • 46- .11% .4,' ., • 4 • 0 '7;4' _ 0 ii _- - . ..- " •'7 116. ,-.... . , 41. i. • •*t_.: - I'Vk • - IP _ .TF•_. s;• • • • • s • r fir • • • 1,1. .- • , • • • • • • I- N+ • r . C- I L' ` • fr.2(.4( i`f 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS I. CONTRACTOR'S INSURANCE WITH 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 primary 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 & PROPERTY 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. I - 1 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. Property Insurance Coverage (Builders Riskllnstallation 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 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. H. Also, see requirements under Section 3. I - 2 4/14/14 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. 3. APPLICABLE TO CONTRACTORS 1 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. I - 3 I A CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/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 pollcy(les) 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 con/acl NAME: Information,Including street Insurance Agent's address and PO Box If PHONE contact Information. FAX applicable. (NS.No.Eat): _ ,(A/C.No): E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: ABC Insurance Company NAIC# INSURED Insured's contact Information, NAIC# Including name,address and INSURER B: XYZ Insurance Company phone number. INSURER C: LMN Insurance Company NAIC# INSURER D: Insurer(s)must have a minimum A.M.Best rating of A• and a Financial Performance Rettig of VI or better. INSURERE: INSURER F: 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 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYY) (MM/DD/YYY) LIMITS GENERAL LIABILITY , EACH OCCURRENCE $1,000000 ®COMMERCIAL GENERAL LIABILITY ® ❑ I General'salinity Polley Number) [Policy effective end exp-valion dete.l DAMAGE TO RENTED PREMISES(Ea occurrence) $50,000 A ❑CLAIMS-MADE®OCCUR MED EXP(Any one person) $5,000 ® ISO FORM CO 20 37 OR EQUIVALENT PERSONAL&ADV INJURY $1,000,000 ❑ GENERAL AGGREGATE $2,000,000—_ GEN'L AGGREGATE LIMIT APPLIES PER: ---, PRODUCTS-COMP/OP AGO- $2_lOOO,000 ❑I POLICY I®TA-I❑LOC I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT {Ea $1,000,000 ®ANY AUTO ® ❑ I Auto liability Policy Number I 'Policy effeclrve end expitatron date.I BODILY INJURY(Per person) $ ❑AUTOS OWNED ❑ AUTOS BODILY BODILY INJURY(Par accident) $ NON-OWNED PROPERTY DAMAGE ❑HIRED AUTOS _ AUTOS (Per accident) $ El ❑ $ ®UMBRELLA LIAB ®OCCUR ® ❑ EACH OCCURRENCE $2,000,000 A ❑EXCESS LIAR ❑ CLAIMS-MADE 'Umbrella Liability Policy Number' Policy effective and expiration date.) AGGREGATE $2,000,000 Eon) 0 RETENTION S1 0,000 $ C WORKERS COMPENSATION fI® WCSTATU �; OTH- ANO EMPLOYERS'LIABILITY ❑ ❑ I- �TORY LIMITSIEri ER ANY PROPRIETOR/PARTNER/EXECUTIVE 1 OFFICE/MEMBER EXCLUDED? YIN Workers Compeneetion Polcy 'Policy elreetive and expiration dale. E.L.EACH ACCIDENT $100,000 ___ (Mandatory In NH) N Number If yea,describe under El.DISEASE-EA EMPLOYEE $100,000 DESCRIPTION OF OPERATIONS below -"'--' E.L.DISEASE-POLICY LIMIT $S00,000 ❑ ❑ DESCRIPTION OF OPERATIONS!LOCATIONS/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 Insurance Standard I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE THE EXPIRATION ITHEREOF, T L BE DELIVERED IN ACCORDANCE WIDH THE POLICY PROVISIONS.Box 1130 Oshkosh,WI 54903-1130 Please indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. ©1988-2010 ACORD CORPORATION, All rights reserved, ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD . ' ' av CERTIFICATE OF PROPERTY INSURANCE DATE(MMIODIYYY) 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. If this certificate Is being prepared for a party who has an Insurable Interest In the property,do not use this form. Use ACORD 27 or ACORD 28. PRODUCER CONTACT insurance Agency contact NAME: Insurance Agent's - -- -- Information,Including street PHONE __- -- —_TA._ address and PO Box ifcontact Mformeflon. ,A/C,No): applicable. E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC A INSURER A: ABC Insurance Company NAIC# INSURED Insured's contact Information, INSURER B: XYZ Insurance Company NAIC# Including name,address and phone number. INSURER C: INSURER D: Insurer(s)must have a minimum A.M.Best rafl g of A- ------ and a Financial Performance Rating of Vf or better. INSURERE: 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 POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION COVERED PROPERTY LIMITS LTR TYPE OF INSURANCE DATE(MMIDDtYYY) DATE(MMIDDIYYY) ,. ® PROPERTY Ono or the othor..doponds on ® $See ill an type ofjob bong done. ® BUILDING ACORD 101 — CAUSES OF LOSS DEDUCTIBLES PERSONAL PROPERTY $form on mow"page BUILDING A ❑BASIC Contractor's responsible for ALL LLII BUSINESS INCOME $ $ deducibles El BROAD CONTENTS EXTRA EXPENSE $ SPECIAL $ 0 RENTAL VALUE $ I,I�I ,EARTHQUAKE $ ❑I BLANKET BUILDING $ ` -- Ng.1D $ Property Policy Number 1 Policy effective and ewe lion date) t❑ BLANKET PERS PROP_ $ E® LOOD $ J BLANKET BLDG&PP I $ IIII $ H_...____ I $ 1J1 $ i $ ❑INLAND MARINE TYPE OF POLICY $ CAUSES OF LOSS $ ;NAMED PERLS POLICY NUMBER $ ❑i $ ❑CRIME ❑ $ TYPE OF POLICY ❑ $ B ,la;BOILER&MACHINERY I $ E UIPM ENT BREAHDOWN Eoinr&Machinery Policy Number Policy effective end expiration daie_I i❑ I $ If exposure exists , I Li i SPECIAL CONDITIONS!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 Clerk Insurance Standard I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE THE EXPIRATION DATE,THEREOF,NOTICE 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 REPRESENTATIVE this certificate Is for. ©1995-2009 ACORD CORPORATION. All rights reserved. ACORD 24(2009/05) The ACORD name and logo are registered marks of ACORD 1 • AGENCY CUSTOMER ID: LOC#: A D• ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY Name of Insurance A anc NAMED INSURED Agency Name of Insured, 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 I SAMPLE CERTIFICATE Please Indicate somewhere on this certificate,the contract or project# this certificate is for. ACORD 101(2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD a • Policy GENERAL LIABILITY POLICY NUMBER: � cru COMMERCIAL 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 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 exciu- 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 Standard 1 SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# thiscertificate i fo _ CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 0 • 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 I SAMPLE CERTIFICATE Please Indicate somewhere on this certificate,the contract or project# this certificate is CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑