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HomeMy WebLinkAboutVidmar Roofing/Abe Rochlin Park Pavilion Roof ORIGINAL CONTRACTOR AGREEMENT ABE ROCHLIN PARK PAVILION ROOF REPLACEMENT THIS AGREEMENT, made on the 11th day of November, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and VIDMAR ROOFING INC., 6270 S. MARTIN ROAD, NEW BERLIN, WI 53151, 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: (Mike Grzeskowiak, 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 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: (Chad Dallman, Parks Department) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated October 21, 2013, referred to as the "Project Manual City of Oshkosh 2013 Roof Replacement Rochlin Park Pavilion Roof Areas 1 & 2, SEG Project No. 12795" and the Contractor's bid form. The Contractor's bid form is attached hereto as Exhibit A. If anything in the Contractor's proposal conflicts with the CITY'S Bid Specifications or with 1 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 commenced and the work will be completed as per the bid specifications and addenda schedules with full completion no later than December 31 , 2013. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $16,198, 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 Bid Specifications dated October 21, 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 - Pres•^ ce of: CONTRACTOR /CONSULTANT By. , o1ic 'meu47t(Seal of Contracto (Specify Title) if a Corporation.) 3 By: (Specify Title) CITY OF OSHKOSH /7 ,t(t_74- _ • / J Mark A. Rohloff, City Manager Itssct), _ t ( i ess) , ,...-_-_-_-y „ 71,4, �G � And: All (ilitness) Pamela R. Ubrig, City Clerk C APPROVED: I hereby certify that the necess- ary provisions have been made to l 4, $ pay the liability which will accrue IA 4 giMillii,,i yAi under this contract. City 711111.1,11111"ly aQti9 ( Gi. k City Comptroller 4 SECTION 004100 QUOTATION FORM THE PROJECT AND THE PARTIES 1.01 TO: City of Oshkosh Purchasing Division Office-Room 101 215 Church Avenue Oshkosh,Wisconsin 54903-1130 1.02 FOR(PROJECT): 12795 City of Oshkosh-Rochlin Park Pavilion 1.03 QUOTATION DUE DATE: WEDNESDAY, NOVMEBER 6, 2013 AT 10:00A.M. 1.04 SUBMITTED BY:(BIDDER TO ENTER NAME AND ADDRESS) A. Bidder's Full Name Vidmar Roofing Inc. 1. Address 6270 S Martin Rd New Berlin, WI 53151 2. City, State, Zip � 3. Phone: <72602— /p 71 00 4. Fax: (/ 7 O / 3 5. Email: vlo initu roaP t).) i r 1 , C-0Ii') 1.05 QUOTATION A. Roof Work on Roof Areas 1 and 2 and related work. B. Having examined the Place of The Work and all matters referred to in the Instructions to Bidders and the Contract Documents prepared by the Consultant for the above mentioned project,we, the undersigned, hereby offer to enter into a Contract to perform the Work for the Sum of: 6crI•te-t/1 1-14 On c e Nc7' 0,` / 9' ' dollars. ($ (6/ / 4/ �° ), in lawuful money of the United States of America. C. All applicable federal taxes are included and State of Wisconsin taxes are excluded from the Bid Sum. D. All Material Allowances described in Section 012100 are included in the Quotation Sum. 12795/Co0 Rochlin Park Pavilion 004100- 1 QUOTATION FORM 1.06 ACCEPTANCE A. This offer shall be open to acceptance and is irrevocable for thirty-five days from the bid closing date. B. If this bid is accepted by Owner within the time period stated above, we will: 1. Commence work on or after contract award. 1.07 CONTRACT TIME A. Complete the Work by December 31, 2013. 1.08 UNIT PRICES A. The following are Unit Prices for specific portions of the Work as listed. The following is the list of Unit Prices: B. ITEM DESCRIPTION -UNIT QUANTITY- UNIT COST 1. Replace lx wood decking-per square foot-$ 4 1.09 CHANGES TO THE WORK A. When the Consultant establishes that the method of valuation for Changes in the Work will be net cost plus a percentage fee in accordance with General Conditions, our percentage fee will be: 1. ( 0 % percent overhead and profit on the net cost of our own Work; 2. $ (.0 d°Time (per man hour).. 1.10 ADDENDA A. The following Addenda have been received. The modifications to the Bid Documents noted below have been considered and all costs are included in the Bid Sum. 1. Addendum# '0.11 Dated 2. Addendum# Dated 1.11 BID FORM SUPPLEMENTS A. The following information is included with Bid submission: B. The following Supplements are attached to this Quotation Form and are considered an integral part of this Quotation Form: 1. Document 004336-Subcontractors: Include the names of all Subcontractors and the portions of the Work they will perform. 12795/CoO Rochlin Park Pavilion 004100-2 QUOTATION FORM 1.12 BID FORM SIGNATURE(S) A. The Corporate Seal of Vi'Lv. &r ebofil (Bidder-print the full name of your firm) was hereunto affixed in the presence of: �5 h coAj h V( &r presdemi-- (Authorized signing officer, Title) (Seal) 511(2Q4fiei V1114.026r , Pre-Stekhi (Authorized signing officer, Title) 1.13 IF THE BID IS A JOINT VENTURE OR PARTNERSHIP,ADD ADDITIONAL FORMS OF EXECUTION FOR EACH MEMBER OF THE JOINT VENTURE IN THE APPROPRIATE FORM OR FORMS AS ABOVE. END OF BID FORM 12795/CoO Rochlin Park Pavilion 004100- 3 QUOTATION FORM SECTION 004336 PROPOSED SUBCONTRACTORS FORM PARTICULARS 1.01 HEREWITH IS THE, LIST OF SUBCONTRACTORS REFERENCED IN THE BID SUBMITTED BY:/V 1.02 (BIDDER) on e,, 1.03 TO(OWNER) CITY OF OSHKOSH 1.04 THE FOLLOWING WORK WILL BE PERFORMED(OR PROVIDED) BY SUBCONTRACTORS AND COORDINATED BY US: LIST OF SUBCONTRACTORS 2.01 WORK SUBJECT SUBCONTRACTOR NAME ADDRESS PHONE FAX 2.02 WORK SUBJECT SUBCONTRACTOR NAME ADDRESS PHONE FAX END OF SUPPLEMENT A 12795/CoO Rochlin Park Pavilion 004336- 1 PROPOSED SUBCONTRACTORS FORM �...41 VIDMA-1 OP ID: PT ACC:PRO- CERTIFICATE OF LIABILITY INSURANCE DATE IMMJDDA' I 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 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 262-241-0550 CONTACT Mid-State Financial Services 262-241-0515 PHONE FAX 7105 W Mequon Rd,PO Box 550 (A/C.No.Est): (A/C,No): Mequon,WI 53092 E-MAIL Joseph LaBarbera ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:West Bend Mutual Insurance Co. 15350 INSURED Vidmar Roofing,Inc. INSURER B:Auto-Owners Insurance Company 18988 Attention Shawn 6270 S.Martin Road INSURER C:Erie Insurance Company 26263 New Berlin,WI 53146 INSURERD: INSURER E: 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 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 ADDL SUER POLICY NUMBER (MMDD//YYYY) (MM DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X CPV 0637759 01/01/13 01/01/14 DAMAGE TO-RENTED PREMISES(Ea occurrence) $ 200,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN-'L AGGREGATE LIMIT APPLIES PER: _PRODUCTS-COMP/OP AGG $ 2,000,000 — POLICY X j�T LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ C X ANY AUTO X Q08 0630319 08/06/13 08/06/14 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) - E X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 B - EXCESS LIAB CLAIMS-MADE 44-984-687-00 01/01/13 01/01/14 AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE I N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE E If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are additional insureds on the General Liability as required by written contract or agreement per form WB1482 attached and endorsed on the Auto Liability. A 30 day notice of cancellation applies except 10 days for non-payment of premium. Umbrella is following form. CERTIFICATE HOLDER CANCELLATION OSHKOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. Attn:City Clerk 215 Church Avenue PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh,WI 54903-1130 >0Lea9 cry �G �-v 1 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTOR'S BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended 3. Except when required by written contract or to include as an additional insured any person or written agreement, the coverage provided to organization whom you are required to add as an the additional insured by this endorsement additional insured on this policy under a written does not apply to: contract or written agreement. a. "Bodily injury"or"property damage"occur- The written contract or written agreement must ring after: be: (1) All work on the project (other than 1. Currently in effect or becoming effective dur- service, maintenance or repairs) to be ing the term of this policy;and performed by or on behalf of the addi- 2. Executed prior to the "bodily injury," "property tional insured at the site of the covered damage," "personal injury and advertising in- operations has been completed;or jury." (2) That portion of"your work"out of which B. The insurance provided to the additional insured the injury or damage arises has been is limited as follows: put to its intended use by any person or organization other than another con- 1. That person or organization is only an addi- tractor or subcontractor engaged in tional insured with respect to liability arising performing operations for a principal as out of: part of the same project. a. Your premises; b. "Bodily injury"or"property damage"arising b. "Your work"for that additional insured;or out of acts or omissions of the additional c. Acts or omissions of the additional insured insured other than in connection with the in connection with the general supervision general supervision of"your work." of"your work." 4. The insurance provided to the additional in- 2. The Limits of Insurance applicable to the sured does not apply to "bodily injury," "prop- additional insured are those specified in the "prop- erty damage,""personal injury and advertising written contract or written agreement or in the injury"arising out of an architect's, engineer's, Declarations for this policy, whichever is less. or surveyor's rendering of or failure to render These Limits of Insurance are inclusive and any professional services including; not in addition to the Limits of Insurance a. The preparing, approving, or failing to shown in the Declarations. prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions;and b. Supervisory, or inspection activities per- formed as part of any related architectural or engineering activities. WB 1482 06 06 West Bend Mutual Insurance Company Page 1 of 2 West Bend,Wisconsin 53095 C. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS is amended with the addition of the fol- lowing: 4. Other insurance b. Excess insurance This insurance is excess over Any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract spe- cifically requires that this insurance be ei- ther primary or primary and noncontribut- ing. Where required by written contract, we will consider any other insurance maintained by the additional insured for injury or damage covered by this en- dorsement to be excess and noncontrib- uting with this insurance. When this insurance is excess, as a con- dition of coverage, the additional insured shall be obligated to tender the defense and indemnity of every claim or suit to all other insurers that may provide coverage to the additional insured, whether on a contingent, excess or primary basis. Page 2 of 2 West Bend Mutual Insurance Company WB 1482 06 06 West Bend,Wisconsin 53095 ��1 VIDMROO-01 CFRECHETTE - A 2 R°� CERTIFICATE OF LIABILITY INSURANCE DATE(M/201'YYY) 11/7/2013 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 REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)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 NAME: Diversified Insurance Solutions PHONE 262 439-4700 4708 FAX No):(262)4394899 100 N Corporate Drive,Ste 100 (A/C,No,Ex*( ) Brookfield,WI 53045 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:West Bend Mutual Ins Co. 15350 INSURED INSURER B: Vidmar Roofing Inc. INSURER C: 6270 S.Martin Road INSURER D: New Berlin,WI 53146 INSURER E: 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 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. ADDL SUBW POLICY EFF POLICY EXP ILTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM!DDIYYYY) (MM/DDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO REN rED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PRO-T LOC $ AUTOMOBILE COMBINED SINGLE LIMIT $ (Ea BODILY INJURY(Per person) $ • ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS - NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE S - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION X TORY LIMITS °R- AND EMPLOYERS'LIABILITY A ANY PROPRIETORJPARTNER/EXECUTIVE Y/N ZZZ1937343 00 1/1/2013 1/1/2014 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N/A 1 00,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. Attn:City Clerk 215 Church Avenue PO Box 1130 AUTHORIZED REPRESENTATIVE Oskhosh„WI 54903-1130 - .A e, I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD