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HomeMy WebLinkAboutConrad Schmitt Studios INc 10/2009AGREEMENT ' C 2 7 2009 � �' lPf CLERK'S OFFICE- THIS AGREEMENT, made on the 15 day of October, 2009, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Conrad Schmitt Studios, Inc., 2405 South 162 Street, New Berlin, WI 53151, (hereinafter referred to as the CONTRACTOR /CONSULTANT, WITNESSETH: That the City and the Contractor /Consultant, for the consideration hereinafter named, agree as follows: ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor /Consultant shall assign the following individual to manage the project described in this contract: (Rick Statz, National Project Director) B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Jon Urben, General Services Director) ARTICLE III. SCOPE OF WORK The Contractor /Consultant shall provide the services described in its proposal attached hereto and incorporated herein by reference. The Contractor /Consultant may provide additional products and /or services if such products /services are requested in writing by the Authorized Representative of the City. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor /Consultant's request, such information as is needed by the Contractor /Consultant to aid in the progress of the project, providing it is reasonably obtainable from City records. 1 To prevent any unreasonable delay in the Contractor's /Consultant's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and completed in conjunction with renovation work to be performed by the Boldt Company. The renovation is expected to begin approximately October 19, 2009 and be completed by April 3, 2010. A renovation schedule will be established by the Boldt Company taking into consideration the time allocated for this work as provided within the bid specifications. All work shall be completed on or before April 3, 2010, unless the parties in writing agree to extend this date. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $55,760.00, as described in its proposal attached hereto and incorporated herein by reference and adjusted by any changes as provided in the General Conditions, or 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 City shall pay a 10% down payment ($5,576.00) of the contract sum. The Contractor /Consultant shall submit itemized monthly statements for services. The City shall pay the Contractor /Consultant 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 /Consultant 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 IV. 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 adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. 2 ARTICLE V. INSURANCE The Contractor /Consultant agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE VI. TERMINATION A. For Cause. If the Contractor /Consultant 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 /Consultant. In this event, the Contractor /Consultant 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 /Consultant no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor /Consultant 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 ?) CONTRACTOR /CONSULTANT By: I 1�4 1 (S ci T' le) By: (Specify Titl CITY OF OSHKOSH I e - .._ V - , 3 And: OA� itn s Pamela R. Ubrig, City Clerk _* APPROVED: ity Att I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. 4 el) G�'G��G���rr� Excellence in Artistry Since 1889 I.�esi n Decoration - Restoration - Glass Grand Opera House Oshkosh, Wisconsin Proposal September 25, 2009 The full time staff of the Conrad Schmitt Studios, Inc propose to provide the necessary art, labor, materials and insurances to complete the following scope of work to design, fabricate and install new decorative murals to the interior house chamber of the Grand Opera House, Oshkosh, Wisconsin. New Murals 1. Floral Mural (plaster coves) 2. Ceiling Cherub Mural 3. Shakespeare Mural (proscenium arch) 4. GOH Logo Mural (proscenium arch) These new designs will be based on the existing murals composition and will be similar in theme and design complexity. Modifications to style, color palette and artistry are included. All finish work will be executed on canvas and then installed to their individual locations. All plaster repair restoration and scaffolding to be provided by others under separate contract. Documentation Prior to the start of the design process, CSS will schedule approximately 2 hours of onsite documentation time once the scaffolding has been erected. Design New designs for each of the four (4) new murals will be completed in 1" scale and in full color. New designs and color brush -outs will be reviewed by the client and modified as needed. Client will approve all designs and. colors prior to fabrication. Fabrication Layout and painting of the four (4) new murals will be completed at the Conrad Schmitt Studios, Inc, New Berlin, Wisconsin on canvas. Completed murals will be varnished prior to shipping. The client is permitted to schedule a tour of the Conrad Schmitt Studios, Inc during the fabrication period.. We respectfully request two weeks notice of any tours. 2705 South 162nd Street - Nevv Perlin, 1V7 53151 USA Phone: 262 -786 -3030 - 800- 969 -3033 - Pal: 262- 786 -9036 - vNum con radsch mi a.com q Printed on recycled paper Excellence in Artistry Since 1889 Design v Decoration a Restoration a Glass Grand Opera House — Oshkosh, Wisconsin Proposal September 25, 2009 Page Two Installation Completed murals will be rolled and placed into protective tubes. These tubes will be loaded onto a CSS truck and transported to the jobsite. Installation of all four (4) murals to be completed by CSS staff. Quote The scope of work outlined in this proposal will be completed for the sum of $55,760.00 (Fifty Five Thousand Seven Hundred Sixty Dollars). Quote Breakout Documentation $200.00 Floral Cove Moral $29,800.00 Cherub Mural $.19,600.00 Shakespeare Mural $3,300.00 GOH Mural $2,860.00 Terms We would request a signed proposal to begin scheduling this work. We would suggest a 10% down payment, followed by regular progress payments with the final payment due within 30 days of installation. If these terms are not acceptable, alternatives may be discussed. Respectfully submitted, CONR.AD SCHMCTT STUDIOS; INC. Rick Statz National Project Director RCS /G0Hprop692509 1 have read and agreed to the proposal as listed above as well as the Conrad Schmitt Studios, Inc. General 'Perms and Conditions of Contract. Accepted By Date 2405 South 162nd Street ■ New Berlin, WI 53151 USA Phone: 262 -786 -3030 . 800- 969 -3033 Fax: 262 -736 -9036 ■ www.conradscliniitt.com ;gW Printed an recycled paper ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID P CONRA -1 DATE(MM /DD/YYYY) 10/12/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Horton Group, Inc. - MW ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE www.thehortongroup.com HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR N19W24101 North Riverwood Dr. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Waukesha WI 53188 Phone:262- 347 -2600 Fax:262- 347 -2700 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: CNA Insurance Companies $ 1, 0001 000 INSURER B: X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F. OCCUR INSURER C: 04/01/09 Conrad Schmitt Studios, Inc. 2405 South 162nd Street New Berlin WI 53151 , INSURER D: MED EXP (Any one person) INSURER E: PERSONAL BADVINJURY $ 1,000,000 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM /DD/YY E P DATE Y MM /DDS N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, 0001 000 • X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F. OCCUR TPE2082915763 04/01/09 04/01/10 PREMISES (Ea occurence) $300,000 MED EXP (Any one person) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 _ - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY .1 LOC • AUTOMOBILE LIABILITY ANY AUTO BUA2082915777 04/01/09 04/01/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIREDAUTOS NON - OWNEDAUTOS BODILY INJURY (Per accident) $ X Physical Damage X PROPERTY DAMAGE (Per accident) $ $500/$1000 Ded GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 • X OCCUR 7 CLAIMS MADE CUP2082915794 04/01/09 04/01/10 AGGREGATE s5,000,000 $ DEDUCTIBLE $ X RETENTION $10,000 - - A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBEREXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC2082915780 04/01/09 04/01/10 X I TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1, 000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER A Property of Others TPE2082915763 04/01/09 04/01/10 $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS The City of Oshkosh, The City of Oshkosh's elected or appointed officials, and employees shall be named as additional insureds with respect to general liability and umbrella liability only when required by written contract for liability arising out of project work. CERTIFICATE HOLDER CANCELLATION OSHKO -1 SHOULD. ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Ci ty of Oshkosh IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO BOX 1130 REPRESENTATIVES. Oshkosh WI 54903-1130 ° % � .ED REPRESENTATIVE ACORD 25 (2001108) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25