HomeMy WebLinkAboutContractors Agreement: City Hall Roof and Fan Replacement ORIGINAL
ushkosh
CONTRACTOR AGREEMENT:
CITY HALL ROOF HOOD AND FAN REPLACEMENT
CITY OF OSHKOSH
THIS AGREEMENT, made on the 1.6th day of July, 2018, by and between the CITY OF
OSHKOSH, party of the first part,hereinafter referred to as CITY, and GARTMAN MECHANICAL,520
W. SOUTH PARK:AVENUE, OSHKOSH,WI 54901,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. COMPONF...,NT 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 arty 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.
AZT7CI..,E II._ l'IOJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(Paul.Liba.rdi, Project Manager)
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 oppor.tu-nity to
interview that person prior to any proposed.change.
City Hall,215 Church Avenue P,O,Box 1 130 Oshkosh,WI 54903-1 130 I7ttp://www.ci.oshkosh.wi.us
ARTICLE III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(Jon Urben, General Services)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the Contractor's Proposal dated July 2,
2018, attached as Exhibit A.
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 as soon as possible.
ARTICLE VIL PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of$22,409.00 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: CONTRACTOR/CONSULTANT
2
B.
y
(Seal of Contractor (Specify Title)
if a Corporation.)
By:.._._...
(Specify Title)
CITY OF OSHKOSH
By:
Mark A. Robloff, City Manager
(W ss)
And
(W s Pamela R.Ubrig, City Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the fiability which will accrue
under this contract.
dCtyAtto.
City Comptroller
401411 010 44
CITY OF OSHKOSH REQUEST FOR QUOTATION
CITY HALL ROOF HOOD &FAN REPLACEMENT
Page I of 1
QUOTATION DEADLINE IS 10:00 AM,TUESDAY,DULY 3,2018
From:C7'A91-M-qXJ 7,Z.(bidder's company name)
We,the undersigned,propose to furnish all labor and materials to perform the specifications per
this RFQ. Any area of the proposal page left blank may be considered dered as a non-responsive bid.
Addendum Acknowledgement
We hereby acknowledge receipt of and have thoroughly examined the written Addenda(s)issued
prior to the bid date in association with this project. These Addenda are numbered z
through -_ / inclusive. We further understand that failure to fully list the numbers of all
published Addenda may cause the City to reject this bid. If no addenda were issued for this
project simply enter "N/A" above.
Base Quote:
$ Q/1 qoa .00
(Base Quote Price-"In Words)
ALTERNATE 91(Cost for the Quick Ship Option that will reduce equipment shipping time down
to 5 days total):
(Alternate#1 Price In Words)
Date Submitted: 7-A --'�6tS,
Name of Company: C� k eA t,C'�.6-
Submitted by: (name and'title) i v W,2.4
Email address: -/Wz tlz 0- C,ezr,C,P, e-_,e C,4 C,; L Cry le CC,�r
Address of Company:- 5-c-Lb L^Y. S
Phone:.rri�O I'S 1 3 0
Delivery and tristall in 9 days after receipt of order L+ r kr_,�t
Payment terms /V?0
Project Manager if awarded bid L 1, �6c,
Page 1 of 2
DATE(MM/DDIYYYY)
AC RO CERTIFICATE OF LIABILITY INSURANCE 07/23/2018
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
NAME:
Willie of Wisconsin, Inc. PHONE FAX
c/o 26 Century Blvd 1-877-945-7378 1-$$$-467-237$
IA All No
EMAIL certi£icatesewillis.com
P.O. Box 305191 ADDRESS:
Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE NAIC#
_ INSURERA: Cincinnati Insurance Company 10677
INSURED INSURERB: Cincinnati Casualty Company 28665
GMS, Inc. DBA Gartman Mechanical Services v
Attn: Tim Weitz INSURERC:
520 W South Park Ave INSURER D:
Oshkosh, WI 549032264
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER:W6949749 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 TYPE OF INSURANCE ADOL SUER POLICY NUMBER MMIDDNYYY MMILDDY� LIMITS
LTR
X COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ 1,000,000
.��,.
DAMAGE TO R9Nr0_
CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 500,000
A MED EXP(Any one person) $ 10,000
Y EPP/EBA 028 93 29 12/06/2017 12/06/2018 PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000
POLICY E JEC07 I LOC PRODUCTS-COMP/Op AGG $ 2,000,000
OTHER: PD Per Occ Ded $ S00
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
"jEa_accident)
X ANY AUTO BODILY INJURY(Per person) $
p OWNED SCHEDULED EPP/ESA 028 93 29 12/06/2017 12/06/2018 BODILY INJURY Per accident $
AUTOS ONLY AUTOS ( )
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
A
UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000
X EXCESS LIAB CLAIMS-MADE EPP 028 93 29 12/06/2017 12/06/2018 AGGREGATE $ 10,000,000
DED I X I RETENTION$0 $
WORKERS COMPENSATION X
AND EMPLOYERS'LIABILITY STATUTE ERH
YIN
B ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 140,000
OFFICER/MEMBEREXCLUDED7 No N/A EWC 035 97 21 12/06/2017 12/06/2018 -
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000
If es,describe under 500,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Contractors Errors & Omissions EPP/EBA 028 93 29 12/06/2017 12/06/2018 Per Claim. $500,000
Aggregate $500,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
Re: City Hall Roof Hood & Fan Replacement Project
Blanket Additional Insured applies on the General Liability when required as per GA233 (02/07/) Contractors Commercial
General Liability Broadened Endorsement. Coverage applies for completed operations.
Blanket Waiver of Subrogation applies on the General Liability when required as per GA233 (02/07/) Contractors
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Oshkosh
AUTHORIZED REPRESENTATIVE
Attn: Jon G. Urben, General Services
P.O. Box 1130 gip(
Oshkosh, WI 54903-1130VaJryti l
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD
SR M 16484573 BATCH: 796828
AGENCY CUSTOMER ID:
LOC#:
AC"R" ADDITIONAL REMARKS SCHEDULE Page 2 of 2
AGENCY NAMED INSURED
Willis of Wisconsin, Inc. GMS, Inc. DBA Gartman Mechanical Services
Attn: Tim Weitz
POLICY NUMBER 520 W South Park Ave
See Page 1 Oshkosh, WI 549032264
CARRIER NAIC CODE
See Page I See Page 1 EFFECTIVE DATE:See Page 3.
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance
Commercial General Liability Broadened Endorsement.
When required by written contract or agreement, coverage applies on a Primary and/or Non-contributory basis per GA233
(02/07/) Contractors Commercial General Liability Broadened Endorsement.
Additional insured by Contract - AA 4171 11 05 (Blanket Additional Insured when required in a written contract) .
Primary and Noncontributory Insurance (Endorsement AA4174 11/05 is part of the Automobile Liability policy shown.
Blanket Waiver of Subrogation - Auto AA 4172 09 09 (when required in an "insured contract") .
Automatic Non-Contributory Coverage Endorsement - where required by written contract (XS 493 07 10) with a maximum
limit of liability of $5,000,000 Each Occurrence /$5,000,000 Aggregate Limit.
Blanket Waiver of Subrogation if required by a written contract or agreement and which is executed before a loss
(Endorsement WC0003 - Waiver of Our Right to Recover From Others) .
City of Oshkosh, and its Officers, Council Members, Agents, Employees and Authorized Volunteers are named as
Additional Insureds to the Commercial General Liability policy when required by written contract or agreement.
ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are repistered marks of ACORD
SR ID: 16484573 ahTCH: 736828 CPRT: W6949749