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HomeMy WebLinkAboutCintas Fire Protection-fire extinguisher maintenance 2013 ORIGINAL CONTRACTOR AGREEMENT- FIRE EXTINGUISHER MAINTENANCE FOR CITY OF OSHKOSH DEPARTMENTS THIS AGREEMENT, made on the 28th day of May 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CINTAS FIRE PROTECTION, 3001 E ENTERPRISE AVE,APPLETON WI 54913, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor,for the consideration hereinafter named, enter into the following Agreement. The CITY'S Bid Specifications and Insurance requirements are attached hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (BRYAN FAYAS, FIRE PROTECTIN SPECIALIST, CINTAS FIRE PROTECTION) 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: (HOLLY A MAGRADY, SENIOR BUYER) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Specifications dated APRIL 30, 2013, referred to as the "Invitation for Quotation for FIRE EXTINGUISHER MAINTENANCE FOR CITY OF OSHKOSH DEPARTMENT n(�t ' quotation proposal form dated MAY 7, 2013. The Contractor's bi f rris V-r JUN 1-1 2013 1 CITY CLERK'S OFFICE as Exhibit A. If anything in the Contractor's proposal conflicts with the CITY'S Bid Specifications or with this agreement, the CITY'S Bid Specifications and the provisions in this agreement shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE IV. 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 V. TIME OF COMPLETION The work to be performed under this contract shall be completed between JUNE 1, 2013 - JUNE 1, 2016 unless the parties in writing agree to extend this date. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of PER PRICING OF ATTACHED BID, 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 to 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 VII. 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 2 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. ARTICLE VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S Specifications dated April 30, 2013, referred to as the "Invitation for Quotation for FIRE EXTINGUISHER MAINTENANCE FOR CITY OF OSHKOSH DEPARTMENTS dated May 7, 2013 which is fully incorporated into this Agreement. The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. 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 By: 6/42,44 ✓°' �l (Seal of Contractor (Specify Title) 3 if a Corporation.) By: Lapr1 fttill--- 9r --.tpc,c,4-(Zs is (Specify Title) CITY OF OSHKOSH By:()LC: M1--__ Rohloff, City Manager 71,_ W a4/1„,_ i, ness) And: _At L__) _ 1 %/1); l it ssj Pamela R. Ubrig, City C erk ?s APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue -Al dal ' under this contract. — City Attorney nn I -44j--� ( C44) D City ComptrESIler 4 REQUEST FOR QUOTATION FIRE EXTINGUISHER MAINTENANCE FOR THE CITY OF OSHKOSH DEPARTMENTS QUOTATION SUBMITTAL FORM DRY CHEMICAL STORED PRESSURE Qty More or Less Description Each Price Total 752 Annual Maintenance Check $ 385 as - 6#Extinguisher Recharge $ ( .0'0 $1l(d)o„op_ 344 10—30#Extinguisher Recharge $ $Lli 1 a S• As needed Per pound dry chemical added to extinguishers $ $ a S As needed $15—6#Extinguisher 6 Year Maintenance $ .00 $ 00 As needed 10—30#Extinguisher 6 Year Maintenance $ L.GO $ .to As needed a5—6# 12 Year Hydro Test $ )l $^ i l .o9 As needed 10—30# 12 Year Hydro Test $ 11.00 $ l t . vv g-f;44 t5 2s CLIA) e.c© 'IS. Total for this section $Pig?? •�S-. CLASS-K �S��L �� - i k 414. Q;L. t > Qty Each Price More or Less Description 3 2.5#Maintenance $ soil icro 3 2.5#Recharge $ 5 • trikc+J 3 2.5A Hydro Test $ g.00 trtlo;J 9 5/29/2013 1 : 19: 59 PM Faxserver 847-953-5390 Page 3 . '-'~� o� DATE(MIWDDIYYYY) �` '`Z" CERTIFICATE OF LIABILITY INSURANCE 05729/2013 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 N. REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. co u. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to m 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). c CONTACT a PRODUCER NAME: — Aon Risk Services Northeast, Inc. PHONE (866) 283-7122 IFAX 800-363-0105 0l c/o Aon Client Services (A/C.No.Ext): I (AIC.No.): 13 4 Overlook Point E-MAIL p Lincolnshire IL 60069 USA ADDRESS: x IN SURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Indemnity Co Of ct 25682 Cintas Corporation and its Subsidiaries2 INSURERS: Travelers Property Cas Co of America 25674 6800 Cintas Blvd. P.O. Box 625737 INSURER C: Westchester Fire Insurance Company 10030 Cincinnati OH 45262 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570050082738 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. Limits shown are as requested INSR ADDL SUER POUCY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POUCY NUMBER (MMWDD/YYYYI (MMIDD/YYYYI UMITS A GENERAL LIABILITY HC2EGLSA472M473112 07/01/2012 07/01/2013 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY -1 REN I E D $1,000,000 PREMISES(Ea occurrence) CLAIMS-MADE ©OCCUR MED EXP(Any one person) 15,000 X Contractual Liability PERSONAL&ADV INJURY $1,000,000 A — GENERAL AGGREGATE $2,000,000 N GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000,000 7 POLICY n P l IT LOC o A AUTOMOBILE LIABILITY HC2E CAP 472M4651-12 07/01/2012 07/01/2013 COMBINED SINGLE LIMB 45,000,000 u, (Ea accident) X-ANY AUTO BODILY INJURY(Per person) o z — ALL OWNED —SCHEDULED BODILY INJURY(Per accident) a> AUTOS AUTOS NON-OWNED PROPERTY DAMAGE U X HIRED AUTOS X (Per accident) >~ —AUTOS a a c X UMBRELLALIAB X OCCUR G22035277007 07/01/2012 07/01/2013 EACH OCCURRENCE $5,000,000 V SIR applies per policy terns & conditions AGGREGATE $5,000,000 EXCESS UAB --CLAIMS-MADE DED I X(RETENTION B WORKERS COMPENSATION AND HC2JUB472M470612 07/01/2012 07/01/2013 X I WC UNIRS I IEOR EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTME Y© NIA WC - AOS E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 d es,describe under DESCRIPTION OF M�ERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 = ear- DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) .�-�-G The city of oshkosh and its officers, council members, agents, employees and authorized volunteers are included as Additional Insured on the General Liability policy, but only with respect to work performed under contract between the Certificate Holder am- and the Insured. P 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 POUCY PROVISIONS. City of Oshkosh AUTHORIZED REPRESENTATIVE Attn: Holly Magrady � City Clerk, 215 Church Avenue r, y. Po Box 1130 .. + j }i m oshkosh wi 54903-1130 USA a �i'ate.. � sores iii ©1988-2010 ACORD CORPORATION.All rights reserved. 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