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HomeMy WebLinkAboutLaib Restoration, Inc CX eietk L.) ' `) NOV 1 0 2009 ! I AGREEMENT _ _..__.......... f 6 3 .. + b h 7 THIS AGREEMENT, made on the 5 day of November, 2009, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Laib Restoration, Inc. (Contractor /Consultant & address) 410 East Murdoch Avenue, Oshkosh, WI 54901, 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: (Terry Laib -- Owner) 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. Laib's work under this contract is expected to begin approximately November 9, 2009. A renovation schedule will be established by the Boldt Company taking into consideration that time allocated for this work as provided within the bid specifications. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $8,960, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto. In the event the proposal and contract documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the City shall, in such cases, pay to the Contractor for the performance of the contract the amounts determined for the actual number of units that are incorporated in or made necessary by the work covered by the contract. B. Method of Payment. 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: CONTRACTOR /CONSULTANT By: / _-- z.._... —a/Id/ / ,..7---- (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: �,e* it ' y 4 ' �� Mark A. Rohloff, City Manager o rtness) 3 And: �1 _ '- � �; � ��1 1 / � (Witness) Pamela R. Ubrig, City Cle APP' OVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue A . A k ei iiriv_ • tea' under this contract. iityAtt Mir //j Y om s City troller 4 _ Murdh Avenue 0 sh , Wisconsin oc 54901 LA Ph. 920- 233 -7026 RESTORATION, INC. Fax 920 .1. - = - -: Historic Building Consultation 11 -1 -09 Grand Opera House Phase I We prefer to self perform this task complete in the interest of continuity in numbering, care in removal and responsibility for proper reinstallation. This supports General Historic Treatment spec section 013591 and our estimate includes the digital documentation of those historic surfaces which we are assigned to remove or conserve. Digitally record existing conditions before proceeding with selective removal. Remove, de -nail bead molding in ceiling bays; number wrap and store in our shop at 410 east Murdock. Laib to use step ladders on Boldt's platform. $3360 Prep, prime and paint all beaded molding before installation using paint supplied by owner. $2240 Reinstall all beaded; fill nail holes, $3360 Estimate total for Phase I $8960 Note, For additional work to Phase One our "Fully Loaded" Hourly rate Is as follows: Carpenters $80/ hour Painters $68/ hour 7 Submitted b Terry Laib gC�RiJiLJJ CERTIFICATE OF LIABILITY INSURANCE OP II DATE (MMIDDMII') 1 11/05/09 ' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION McClone Insurance Group -Osh ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 505 North Westfield Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 2743 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oshkosh WI 54903 Phone:920- 233 -4000 Fax:920- 233 -2728 INSURERSAFFORDINGCOVERAGE NAIC# INSURED INSURER A: Secura Insurance 22543 INSURER B: Laib Restoration Inc. C. Terry INSURER 410 E Murdock INSURER D: Oshkosh WI 54901 INSURER E' 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. INSK w L POLICY NUMBER POLICY EFF EC 'NE NOLK,Y EXPIHA I ION LIMITS LTR NSRC TYPE OF INSURANCE DATE (MIA /DD/WW) DATE (MM /DD/1'YW) GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X COMMERCIAL GENERAL LIABILITY 80CP3067734 01/01/09 01/01/10 PREMISES ( oc u ence) $ 100000 CLAIMS MADE X OCCUR MED EXP (My one person) $ 5000 PERSONAL BADVINJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ 200000 7 POLICY X PRO- — — — JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000 A X ANY AUTO 80A3060090 01/01/09 01/01/10 (Ea accident) ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $ 2000000 A I OCCUR CLAIMSMADE 80CU3060092 01/01/09 01/01/10 AGGREGATE $ 2000000 DEDUCTIBLE $ X RETENTION $ 10000 $ WORKERS COMPENSATION X TORY LIMITS I I ER AND EMPLOYERS' LIABILITY A ANYPROPRIETOR/PARTNER/EXECUTIVE Y 80WC3060091 01/01/09 01/01/10 E.L. EACH ACCIDENT $ 100000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 100000 If yes, descnbe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500000 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 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 on all Liability policies for liability arising out of project work. Additional Insured Status is excluded with respects to Workers Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OSHKOS1 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 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR CITY OF OSHKOSH REPRESENTATIVES. P.O. BOX 1130 AUTH REPRESENTAT OSHKOSH WI 54902 -1130 ACORD 25 (2009101) ©1988 -2009 CORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD