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Home My WebLink AboutQuality Building Restoration �� " � � • � � � � �.'��. CONTRA CTOR A GREEMENT.• EXTER/OR MASONRY REPA/RS AT OSHKOSH PUBL/C MUSEUM THIS AGREEMENT, made on the 24T"day of September, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and QUALITY BUILDING RESTORATION CO, INC., 3811 NORTH ALVIN STREET, 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 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: (Gerald Pukall, Quality Building Restoration Co. Inc.) 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: (Brad Larson, Oshkosh Public Museum) ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the Contractor's quote dated June 30, 2014 attached as Exhibit A. 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 December 31 , 2014. ARTICLE III. PAYMENT A. The Contract Sum. � The City shall pay to the Contractor for the performance of the contract the sum of $8,500, 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 (e.g. Contractor Costs for Unit Price Items as listed in the Bid Form) 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) 2 ciays of the date of the City's written demand for indemnification or refund. ARTICLE V. INSURANCE The Contractor agrees to abide by the City of Oshkosh Insurance Requirements as specified in the attached City of Oshkosh Insurance Requirements. 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 � By: _. l I'�t S t^G��e � � (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) : CITY OF OSHKOSH ;; � �!� � BY� cti � �C�i Mark A. R hloff, City Manag r ( tness) .._ ` � ` � __ I %" C -��-' A nd: � �1,1,�, ` itness) 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. ity A ey 0., Q�.�p(`'� ity Comptroller 4 ��'��jlfi �. Quality E�uilding Restoration Co. Inc. 3811 North Alvin Street, Appleton; WI 54913 Telephone (92Q) 731-6717 Date: O6-3U-14 Proposal Number 30$4-14X Nicic Rhoden Buildings and Grounds Oshkosh Public Musenrn Proposed Project: Extcrior N[asonry Repair�t Oshkosh Public Muscum We�ropose to furnish atl labor,material,equipment,and inseirance for the fo[lovvitig�vork: � A. Boiler Chimney 1. Remove knob on Iimestone chimney cap to pirovide a flat sIoped surface. Install angle iron supports for existing flues not being used, Remove existing copper cap. Z. install standing seam 24 gauge stainless steel chimney cap fitfed around bricks o�'b�iler chimney. Instalf stainless steet ca�with rain eap over existing stainless liner. , The above work shall be done for the casf of$4,70Q.00. A. Front Gabic 1. Rout defective mortar joints. Ciean and tuckpoint with Type N colored nnd touled to mafch cxisting. • � 2. Remove ali caulliing from limestone coping joints, cican edges,install backer rod and seal with Tremco Dymonic FC colored to match and tooled too be waterfight. The above work shall be done for fhe cost of$3,800.00. ' Cuarantee: All materials and�voricmanship shall be guaranteed against defects for a period of'two years frum the date of completion. If accepted,sign and return one copy. This pr�posal is void if not accepted and returned within sixty days. ACCEPTANCE � Quality Building Restoration Co. Izic. Purchaser /�� I �x• Date 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 rip mary coveraqe 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 Liabilitv 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 Liabilitv 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 Liabilitv 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 � 4l14/14 � _ E. Aircraft Liabilitv, "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. Pavment 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 contracYs execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 3. Acceptabilitv of Bondinp Companv. 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. Acceptabilitv 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. II - 3 � - `'�° 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 certiflcate does not confer rights to the certificate holder in lieu of such endorsement s. PRODUCER CONTACT lnsurance Agency contact NAME: information,including street PHONE - �nsurence AgenYs F� ----- address and PO Box if contact information. applicable. (NC_No Ext):____ ;(AIC.No): .. . -----.. ...------------ —_._-:. E-MAIL -'---.._._..--- ADDRESS: ________ INSURER(S)AFFORDING COVERAGE _ �'�:� NAIC# --------�---..... _ iNSUReR n: ABC Insurance Company ___ i NAIC# -- ----- --- --- --... ---- ------- INSURED lnsured's contact In/ormation, ' Including nama,addiess and _INSURER B_XYZ I.11SUf8f1C2 COfTlP2(lY __ __ __��:^ NAIC_# _ pnone number. iNSUReR c: _LMN Insurance Company __ � NAIC# INSURER D: Insurer(s)must have a minimum A.M.Besf rating ofA• and a Financla/Performance Rating of Vl or bettec --- 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. NOlWITHSTANDING 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�i. ADDL;SUBR I ; POLICY EFF � POLICY EXP i -- LTR '�: TYPE OF INSURANCE INSR ' WVD I POLICY NUMBER � MM/DD I MM/DD i LIMITS !GENERALLIABILI7Y I i ' � �EACHOCCURRENCE $ 'I,OOO,OOO i I i '—_. ; ' i �------�--._.......__ . ..------ --...__..._-- I DAMAGE TO RENTED �;COMMERCIAL GENERAL LIABILITY � � ❑ ; General Liability Policy Number I Policy effective and expiration date i pREMISES(Ea occurrence) $50,0�� A '' ' � ; ' �— -- , �❑,�CLAIMS-MADE �jOCCUR i I. i �_ . ; ; �MED EXP(Any one person) $5,�� ' t- -- —— ---*--- --_._._.._.. � ISO FORM CG 20 37 OR EQUIVALENT � � I � � IPERSONAL BADV INJURY $"I,OOO,OOO �- :' ------...------- � ---� ; ( �__.. ----- ---------...-- ❑, _ _ ! ; i ; GENERALAGGREGATE $Z,OOO,OOO 'GEN'L AGGREGATE LIMIT APPLIES PER � I ; 'PRODUCTS-COMP/OP AGG j $2,000,000 --- ---• , � �_—. ---- ----- r---— --- _—_. ,.❑�POLICY �;PE��❑�LOC ( � � � i � I $ i !AUTOMOBILE LIABILITY � � COMBINED SINGLE LIMIT ,,__ �:, ; i � •(Eaaccidentl I $ �,��0 � � ❑ ! i ___-----._... - - y --__ _.._--- '�'ANY AUTO ' Auto Liability Policy Numbe� ' Policy eflective and expiration date �BODILY INJURY(Per person) � $ ;ALLOWNED - SCHEDULED � i ' � -- B ;�;AUTOS ❑ AUTOS I ; � � BODILYINJURY(PeraccidenQ � -- � --- - . --- -- l HIRED AUTOS i NON-OWNED i ' I , , , ...__ ___.._.. ��I �..❑,� AUTOS �� i PROPERTY DAMAGE � $ _ _ { ; ; i (Per acc�dent) ..___ � , , i , , .._.. —.__._ __--_. -- �' �� , ; ; � $ , UMBRELLA LIAB I OCCUR � i I � �EACH OCCURRENCE $Z,OOO,OOO �. � , � ❑ � A ❑;EXCESS LIAB i❑ CLAIMS_MADE � � Umbre/la LiabilityPo/icyNumber� Policyeffective and expirafion dafe. IAGGREGATE � $�� i ; ------------------ - -._.--- ;❑iDED �,'RETENTION$'IO,OOO i ; � ; � � I $ � I C' AND EMPLOY RS'L ABIL�ITY I , � � � i � i �I WCSTATU-I❑� OTH- � TORY LIMITS, ER ANY PROPRIETOR/PARTNER/EXECUTNE � � � ' ' � �'OFFICE/MEMBEREXCLUDED? Y/N �: I ' � � Workers Compensation Policy '! Policy e(/ective and expiration da[e. !E.L.EACH ACCIDENT I $��0� '(Mandatory in NH) N ' Number ' � � I If yes,descnbe under I I i E.L.DISEASE-EA EMPLOYEEI $ 1 OO OOO 'DESCRIPTION OF OPERATIONS below � ' j i --'-- - � i I.E.L.DISEASE-POLICYLIMIT � $SOO,OOO i � ❑ I � i i I I ! I i I I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Additional Insureds per attached endorsements. Certificates of Insurance acceptabie 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 coverege 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 ll 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 P�ease indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. O 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 ❑ ❑ ❑ ❑ ❑ � ❑ ❑ ❑ ❑ � ❑ �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 Or anization s : Location s Of Covered Operations As required by contract Any and all job sites Information re uired to com lete 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 injur�' 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 11 SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 10 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 ❑ ' POLICY NUMBER: PoOoy# COMMERCIAL GENERAL LIABILITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O ❑ � ❑ �G 20 37 07 04 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 Or anization s : Location And Description Of Completed O erations As required by contract Any and all job sites Information re uired to com lete 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 ll SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 37 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 ❑