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HomeMy WebLinkAboutGartman Mechanical Services CONTRACTOR AGREEMENT: SPLIT COOLING UNIT ADDITIONS LAKESHORE MUNICIPAL GOLF COURSE THIS AGREEMENT, made on the 16TH day of June, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Gartman Mechanical Services, 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. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Scott A. Olejnik, Vice-President, Gartman Mechanical Services) 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 Manager) ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the City's June 6, 2014 "Invitation for Quotation for Split Cooling Unit Addition Lakeshore Municipal Golf Course Clubhouse" specifications and the Bid Form of the Contractor attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. 1 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 by August 1 , 2014. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $13,650.00, 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 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 2 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 V. 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 are identified in the "Invitation for Quotation for Split Cooling Unit Addition Lakeshore Municipal Golf Course Clubhouse" specifications attached as Exhibit A. ARTICLE VI. 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. 3 In the Presence of: CONTRACTOR /CONSULTANT :y: J�►=L// , - (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: c - Mark A. ohloff, City M y ana er (Witness) 4_W And (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- r ary provisions have been made to pay the liability which will accrue ettA VArily JJ i under this contract. City Att�ey City Compt oiler s,. k' 4 City of Oshkosh, Wisconsin Invitation for Quotation For Split Cooling Unit Addition Lakeshore Municipal Golf Course Clubhouse June 6, 2014 City of Oshkosh P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 www.ci.oshkosh.wi.us CITY OF OSHKOSH PURCHASING DIVISION NOTICE TO VENDORS 1. NOTICE IS HEREBY GIVEN that quotes will be received in the City of Oshkosh Purchasing Division, Room 101, City Hall, Oshkosh, Wisconsin, for: SPLIT COOLING UNIT ADDITION- LAKESHORE MUNICIPAL GOLF COURSE by the deadline of: 10:00 A.M., THURSDAY, JUNE 19, 2014. 2. It is the bidder's sole responsibility to insure that the quote is timely and received by the Purchasing Division prior to the deadline set forth in this notice. Receipt of quote by the mail system or other City departments does not constitute receipt of a quote by the Purchasing Division. 3. Quotes may be submitted by mail and addressed to: Purchasing Division, City Hall, 215 Church Avenue, P.O. Box 1130, Oshkosh, WI 54903-1130. On the outside of the envelope, the bidder should distinctly indicate the name and address of the bidder and in the lower left corner should clearly indicate the envelope contains a quote for: "Split Cooling Unit Addition- LMGC." Quotes may also be faxed to the Purchasing Office at (920) 236-5186. Quotes may also be physically submitted to the Purchasing Division Office, located in Room 101 of City Hall, 215 Church Avenue. Quotes not complying with these instructions will not be considered submitted to the City, and shall be returned to the bidder unopened and unread. 5. This notice establishes a time by which quotes must be received by the Purchasing Division. No quotes will be accepted after that deadline. 6. The City is not responsible for quotes submitted in any other way except those submitted in strict conformance with these instructions. 7. A written request for the withdrawal of a quote or any part thereof may be granted if the request is received by the City prior to the specified quote deadline. 8. All quotes shall be binding for thirty-five (35) calendar days following the quote deadline date, unless the bidder(s), upon request of the General Services Manager, agrees to an extension. 9. If applicable, bidder must comply with all necessary insurance requirements, bid bond and/or performance bond as required of the project and as noted in the City of Oshkosh Insurance Requirements. 10. The City reserves the right to reject any and all quotes and to waive any informality in the quotes. 11. For specifications and further information concerning this request for quotation contact Jon Urben, General Services Manager, email: jurben @ci.oshkosh.wi.us or telephone (920) 236-5100. Mark A Rohloff City Manager PUBLISH: June 7, 2014 CITY OF OSHKOSH STANDARD TERMS AND CONDITIONS (Request For Bids/Proposals) 1) SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The City of Oshkosh shall be the sole judge of equivalency. Bidders/proposers are cautioned to avoid bidding alternates to the specifications which may result in rejection of their bid/proposal. 2) DEVIATIONS AND EXCEPTIONS: The bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable. Specific product types or manufacturers identified in specifications shall be interpreted to require bidding of those exact types and manufacturers. Specifications which allow for bids/quotes with "equal" materials must be fully supported with technical data, test results, or other pertinent information as evidence that the substitute offered is a sufficient alternate to the specification requirement. Failure to provide product information will result in disqualification of such requests. 3) QUANTITIES: The quantities shown on this request are based on estimated needs. The city reserves the right to increase or decrease quantities to meet actual needs. 4) DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified. 5) ACCEPTANCE-REJECTION: The City of Oshkosh reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the city. Only proposals which are made out on the bid/proposal form attached hereto will be considered. All bid/proposals forms must be completed in full compliance as specified. Failure to complete bid/proposals forms may result in disqualification and considered non-responsive. 6) ORDERING: Purchase orders or releases via purchasing cards shall be placed directly to the contractor by an authorized agency. No other purchase orders are authorized. 7) GUARANTEED DELIVERY: The contractor shall strictly adhere to delivery schedules as specified by the City and to promptly replace rejected or defective materials. The City retains the right to procure materials on its own when the Contractor's materials are not delivered, or replaced if necessary, according to the City's schedule. Contractor's failure to deliver, or replace • when applicable, materials as required shall result in the contractor's liability for all costs in excess of the contract price when the City is required to procure materials necessary due to Contractor's failure to act. The City's excess costs shall also include the administrative costs. 8) ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the contracting authority. 9) APPLICABLE LAW: This Contract shall be governed under the laws of the State of Wisconsin, and all disputes shall be resolved in the state or federal court jurisdiction within which Oshkosh, Wisconsin is located. The contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The City of Oshkosh reserves the right to cancel any contract with a federally debarred contractor or a contractor which is presently identified on the list of parties excluded from federal procurement and non-procurement contracts. 10) SAFETY REQUIREMENTS: Contractor must follow all applicable federal, state and local standards. 11) SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s). 12) PUBLIC RECORDS ACCESS: It is the intention of the City of Oshkosh to maintain an open and public process in the solicitation, submission, review and approval of procurement activities. Bid/proposal documents and openings are public records and therefore subject to release unless excluded from release by Wisconsin Statutes. Those submitting information to the City that believe that their information is not subject to release must identify the applicable statute(s) and describe in detail how the information being submitted applies to the statute cited. The City's lack of response to assertions related to public records does not indicate any agreement with those assertions. Public records may not be available for public inspection prior to the opening of bids/quotes and/or the issuance of the notice of intent to award or the award of the contract. 13) PRICING: Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price; the unit price shall govern in the bid/proposal evaluation and contract administration. If the bid/quote clearly involves the City's desire to purchase a product or products, then all prices shall exclude any Federal Excise Tax or State of Wisconsin Sales Tax as the City of Oshkosh is exempt from such taxes and will furnish an exemption certificate, if requested by the successful bidder. If the bid/quote is for the purpose of completing a project involving both labor and materials, then the Contractor/Consultant, and not the City, will be purchasing the material directly and the bid/quote must include all material costs, including without limitation, taxes. 14) WARRANTY: Unless otherwise specifically stated by the bidder/proposer, equipment purchased as a result of this request shall be warranted against defects by the bidder/proposer for one (1) year from date of receipt, or the manufacturer's warranty, whichever is longer. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the contractor. 3/13 GENERAL INFORMATION The City of Oshkosh is requesting quotations from firms for the split cooling unit addition at the Lakeshore Municipal Golf Course Clubhouse per attached specifications and drawings: • H-A • H-B HVAC ENGINEER Summit Design LLC W6744 Rogersville Road Fond du Lac, Wisconsin, 54937 (920) 979-5452 Fax (920) 924-5452 Joel Clary PE summitdesign(a�charter.net SITE VISITS Contractors interested in visiting the site should contact the HVAC Engineer (contact information listed above). SUBMITTALS Submittals will be reviewed for general compliance with design concept and contract documents only. Full compliance with contract documents, Code requirements, dimensions, fit finishes, and interface with the existing Control System is the Prime contractor's responsibility. Within 7 days after award of contract, provide required submittals for approval to the HVAC Engineer. Contractor shall promptly respond to requests for additional information so that delivery and installation schedules are not delayed. QUALITY ASSURANCE- REGULATORY REQUIREMENTS All work shall comply with the applicable code requirements in effect: Including by not limited to ASME, Division of Safety & Buildings Administrative Codes and other applicable Building or local codes in effect as of the contract date. The Contractor shall be fully responsible for obtaining all required approvals, permits licenses, inspections and certificates for this installation. The Contractor shall pay all permit fees, inspection fees, certificate fees, and licensing fees. PROJECT SCHEDULE Work shall be pursued during regular working hours until complete. This work must be specifically authorized by City of Oshkosh Maintenance Coordinator or authorized representative of the City of Oshkosh. All work schedules shall be submitted and coordinated in advance with the designated City of Oshkosh representative and HVAC Engineer. PRODUCT DELIVERY, SITE ORGANIZATION AND CLEANUP Contractor shall keep work areas orderly and free from debris during the course of installation and clean up on a daily basis. If areas are not kept clean, the City of Oshkosh may demand immediate cleanup or clean those areas and deduct cost from contract. Contractor shall regularly remove trash, materials, cartons, etc. generated by their work from the premises. INSURANCE REQUIREMENTS Attached are insurance requirements for the City of Oshkosh. SAMPLE CONTRACTOR AGREEMENT Attached is a sample contractor agreement that will be drawn up with the successful bidder. Bidders do NOT need to submit this agreement when submitting their quote form. CITY OF OSHKOSH INSURANCE REQUIREMENTS 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS II. CONTRACTOR'S INSURANCE WITHOUT PROPERTY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY& BONDS A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products–Completed Operations) per project $2,000,000 4. Products–Completed Operations aggregate $2,000,000 5. Fire Damage limit—any one fire $50,000 6. Medical Expense limit—any one person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)"if" the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of$1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products–Completed Operations coverage must be carried for two years after acceptance of completed work. B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1– "Any Auto" basis. C. Workers' Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen's and Harbor Workers Act coverage. D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000. aggregate, and a maximum self-insured retention of$10,000. II - 1 , 4/14/14 E. Aircraft Liability, "if" the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of $3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. F. Builder's Risk / Installation Floater / Contractor's Equipment or Property - The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. G. Also, see requirements under Section 3. H. Bond Requirements 1. Bid Bond. Bids that are $25,000 or greater will require the contractor to provide to the owner a Bid Bond, which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 2. Payment and Performance Bond. If awarded the contract, bids that are $25,000 or greater will require the contractor to provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract's execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 3. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. II - 2 , 4/14/14 3. APPLICABLE TO CONTRACTORS /SUBCONTRACTORS / SUB-SUB CONTRACTORS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk —City of Oshkosh. 11 - 3 n A , CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/WY) , 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 Insurance Agency contact NAME: information,including street Insurance Agent's address and PO Box if (NC.No.No.Ext): contact information. FAX tA/C.No): applicable. E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: ABC Insurance Company I NAIC# INSURED Insured's contact information, including name,address and INSURER B: XYZ Insurance Company NAIC# _ phone number. INSURER c: LMN Insurance Company I NAIC# INSURER D: Insurer(s)must have a minimum A.M.Best rating of A- and a Financial Performance Rating of VI or better. INSURER E: I 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 AMY 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' ADDL SUBR POLICY EFF POLICY EXP LTR I TYPE OF INSURANCE I INSR I WVD POLICY NUMBER (MM/DD/YYY) (MM/DD/YYY) I LIMITS GENERAL LIABILITY I (EACH OCCURRENCE $1,000,000 ® I DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY _ General Liability PolicyNumber � Policy effective and expiration date. A PREMISES(Ea occurrence) $50,000 ((CLAIMS-MADE IN MED EXP(Any one person) $5,000 I®I ISO FORM CG 20 37 OR EQUIVALENT PERSONAL&ADV INJURY $ 1,000,000 I❑I i GENERAL AGGREGATE $2,000,000 IGEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS—COMP/OP AGG $2,000,000 r1 POLICY PRO- LOC II I i®IJECT�I $ (AUTOMOBILE LIABILITY - COMBINED SINGLE LIMIT _ I(Ea accident) $ 1,000,000 ElANY AUTO ® _ Auto Liability Policy Number Policy effective and expiration date. BODILY INJURY(Per person) $ B II�IiALL OWNED II SCHEDULED II III AUTOS l�l1 AUTOS I BODILY INJURY(Per accident) $ If I HIRED AUTOS II 11 i NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ ❑I $ I®(UMBRELLA LIAB I®1 OCCUR ® l___1 I EACH OCCURRENCE — I I $2,000,000 A I {EXCESS LIAB i1II CLAIMS-MADE Umbrella Liability Policy Number Policy effective and expiration date. AGGREGATE $2,000,000 hIDED I®;RETENTION$10,000 $ ' IAND EMPLOY NI_BILIITY ❑ ❑ ® I❑I WC STATU- OTH- IANY PROPRIETOR/PARTNER/EXECUTIVE TORY ER j'OFFICE/MEMBER EXCLUDED? Y/N E.L.EACH ACCIDENT $ 100,000 Workers Compensation Policy Policy effective and expiration date. (Mandatory in NH) N Number I I If yes,describe under EL DISEASE—EA EMPLOYEE $100,000 iDESCRIPTION OF OPERATIONS below E.L.DISEASE—POLICY LIMIT $500,000 1 0 11 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Additional Insureds per attached endorsements. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days'prior written notice has been given to the City Clerk–City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh,Attn:City Clerk Insurance Standard II SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE THE EXPIRATION DATE,THEREOF,NOTICE WILL BE DELIVERED IN PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh,WI 54903-1130 Please indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. ©1988-2010 ACORD CORPORATION. All rights reservec ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ (lliu0.G 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" This insurance does not apply to "bodily injury" or caused, in whole or in part, by: "property damage"occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- 2. The acts or omissions of those acting on your ment furnished in connection with such work, behalf; on the project(other than service, maintenance or repairs) to be performed by or on behalf of In the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) design- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Insurance Standard II SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: Policy# COMMERCIAL GENERAL LIABILITY ❑ ❑ 0 0 ❑ ❑ 0 ❑ 0 ❑ WE 0 LllllluiG20370704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". Insurance Standard II SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ CITY OF OSHKOSH SAMPLE CONTRACT FORM CONTRACTOR AGREEMENT- SAMPLE THIS AGREEMENT, made on the day of , 2012 by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and , 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. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Name, Title) 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: (Name, Title) ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the Contractor's Proposal dated . If anything in the Contractor's proposal conflicts with this agreement, 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. 1 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 completed by ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $ , 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 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 shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project are identified on a separate document. ARTICLE VI. 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: (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: 3 Mark A. Rohloff, City Manager (Witness) And: (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City Attorney City Comptroller 4 PROJECT PRINTS H-A & H-B , . 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DZ pmt HpZm rx p0 gpo0-i0 m wF�mK= m0r �x Hm °A 0_.Ammmz m<>mZZ m« Om Om y0 Oct m 71' it ODOR = �mz m H O,, mmm N m m mK2 O > rm Km O 2. 0 m Z ° c-a n`z OSHKOSH LAKE SHORE PUBLIC GOLF COURSE SUMMIT DESIGN LLC Z m o 0 Q m CO Joel Clary P.E. 1 41 W x, g ;y CLUBHOUSE SPLIT COOLING UNIT ADDITION N •• N ro o �°> o =�O 2175 PUNHOQUA STREET EMAIL:SummitDesign @Charter.net a D Z,0 OSHKOSH, WISCONSIN 54902 Phone: 920-979-5452 W6744 Rogersville Road,Fond du Lac,WI 54937 QUOTATION PROPOSAL SPLIT COOLING UNIT ADDITION LAKESHORE MUNICIPAL GOLF COURSE CITY OF OSHKOSH Page 1 of 1 QUOTATION DEADLINE IS 10:00 AM, THURSDAY, JUNE 19, 2014 From: (bidder's company name) We, the undersigned, propose to furnish all labor, materials and installation per the project specifications and drawings. Any area of the proposal page left blank may be considered as a non-responsive bid. Base Quote: $ . (Base Quote Price — In Words) Date Submitted: Name of Company: Submitted by: (name and title) Email address: Address of Company: Phone: 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 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. Proposed Subcontractor List Electrical: Mechanical: Insulator: Other: Delivery and install in days after receipt of order Payment terms l'■l Jun, 19. 2014 9 : 09AM GMS INC No. 1412 P. 1 ■ ■ •.11 [ RCNNSiNG DyViS10N JUN 1 g 2a1 QUOTATION PROPOSAL Ci,i0(yA - SPLIT COOLING UNIT ADDITION LAKESHORE MUNICIPAL GOLF COURSE (319720°1S:WISCONSIN CITY OF OSHKOSH Page 1 of 1 QUOTATION DEADLINE IS 10:00 AM, THURSDAY, JUNE 19, 2014 From: 6 �Tr')A1J del H. (C4 . .SEg.VtC�S .(bidder's company name) We, the undersigned, propose to furnish all labor, materials and installation per the project specifications and drawings. Any area of the proposal page left blank may be considered as a non-responsive bid. Base Quote: T, rL grt i 7-216 / 5/X go rp D r►.tasy .e32.1..,42_5$ / . .. o a (Base Quote Price— In Words) Date Submitted: & "/9 J,/y Name of Company: 6 09-F7Y' ru (7?iC .ff edf-L 5 6—e✓IGF;5' Submitted by: (name and title) PA-u '--- 1--► 'u 1 ✓ E drT6K Email address: PL-154Z DI e -- Tr'rrtx/►+'l -tt- ZItC/-L fr e-.0 11 Address of Company: 5 o-o w , SopTfit?i- 1-v E, Q5itt.CS* . Phone: 9 6 —a 3/ — .5s30 Addendum Acknowledgement We hereby acknowledge receipt of and have thoroughly examined the written Addenda(s) issued pr'or to the bid date in association with this project. These Addenda are numbered It) ,4 through , n� /4 ., inclusive. We further understand that failure to fully list th numbers of all pu ished Addenda may cause the City to reject this bid. If no addenda were issued for this project simply enter"N/A" above. -Proposed Subcontractor List .- . .. - .. Electrical: NPt' Mechanical: fn ''rJ Insulator: 9 f'a r�6-- Other: IL) 4 _ Delivery and ins all in days after receipt of order Payment terms GARTM-1 OP ID: KD idt CORO- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/19/2014 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 Phone:920-233-4000 NAME: McClone-Oshkosh Fax: 920-233-2728 PHONE FAX 505 North Westfield Street (A/C,No,EM): (A/C,No): Oshkosh,WI 54902-4105 E-MAIL Brian McClone ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED Gartman Mechanical Services INSURER B: GMS Inc dba&D&S Inv Prop LLP 520 W South Park Ave INSURER C: Oshkosh,WI 54902 INSURER D: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYYJ (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X EPP 0052134 12/06/2013 12/06/2014 DAMAGE PREMISES S(RENTED , RENTED 500000 Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 X Contractor E&O GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X JEa LOC Emp Ben. $ 1/3000000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 500,000 (Ea accident) A ANY AUTO X EBA 0052134 12/06/2013 12/06/2014 BODILY INJURY(Per person) $ X AUALL TOS OWNED SCHEDULED AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X N -OWNED PROPERTY DAMAGE AUTON OS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE X EPP 0052134 12/06/2013 12/06/2014 AGGREGATE _ $ 5,000,000 DED X RETENTION$ $ WORKERS COMPENSATION X TORY L MTIT-S, 0T AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC 1925500 03 12/06/2013 12/06/2014 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS I 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 Insured with respects to General Liability including Ongoing and Completed Operations per form GA 233 when required by written contract, and with respect to Auto Liability per form AA4004 when required by written contract and with (cont.) CERTIFICATE HOLDER CANCELLATION CITOSHI 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. 215 Church Ave P.O.Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh,WI 54903 min r _ - ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD NOTEPAD: HOLDER CODE CITOSH1 GARTM-1 PAGE 2 INSURED'S NAME Gartman Mechanical Services OP ID: KD DATE 06/19/14 respect to Umbrella Liability when required by written contract. A 30 Day Notice of Cancellation applies in favor of City of Oshkosh.