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HomeMy WebLinkAboutMontel/Museum Static Shelving _ , a �.a ae e � � ���'j'{ p'� f w e , , Y ■�Y i r. �r CONTRACTOR AGREEMENT.• STA T/C SHEL V/NG FOR THE OSHKOSH PUBL/C MUSEUM THIS AGREEMENT, made on the 25T" day of September, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and MONTEL, 225 4E AVENUE, MONTMAGNY, QUEBEC, CN G5V 3S5, 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: (Susan Winters, ARTistic Storage) 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: (Joan Lloyd, Oshkosh Public Museum) ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in their proposal dated August 14, 2014 attached as Exhibit A. 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 1 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 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 $19,416.00, 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 reasonls) 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 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 agrees to abide by the City of Oshkosh Insurance Requirements as specified and included as Exhibit B. 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 /CONSULTAN i By: v�P �P�.�-(�c�.c.�.ss��,� . (Seal of Contractor (Specify Title) if a Corporation.) By��:��� ' <<y V � f^, /-�.t�.1�'lI�LC �' �� �1 iYY�I ►l.l i�1 1`�1� �,i'� (Specify Title� CITY OF OSHKOSH �; 1 By: /r�-- ��;�� �?� _ � Mark A. ohloff, City Manager � . - ,,;`L� i�� (W�tness) �--�--� ' i �% �� � , � �� � ���, And: � 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. City At ney 1 ���-�,, �"��`r��'�cr� City Comptroller 4 ������� 8/14/2014 j . � , � a � �� �.� � �, � � I,�. �: � � �' ���� � (► ����� � '1�! Ci�}r er�r��`� r s � '"e�, ra b�� r. � °F � e ,� t . _ ...-. .. v.; , , �-Y/ ' .. -��_ , ,-�.+� '� ` ; r ' , ��, � , �'��i - �,.� .: ,l�''�� t �`r r � f LAC�E�� $ �-��ra . � �:: ., , . -�,,�. :- � , , � `�,.�-.. 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'c r..)4a "w� �'�` t �'�: '�y+� `�y t Y.r:.:u �s..t..�c���,,:?i�vsc�.,�.,.�`�..�s.-=,..�.::�,...:.sL.ni�.�.:���`�'.�..�v�..<<..-•�..�:.��ss«...k,...iu�::,`r�.�.:�.sa�:?'.3ci�.ms:.�a.�L��m'�.��`��.:'�'- ;��_�'�''"S=r"'�'��.h',��s�s�`�:..�».....n..s�L."�Wt�� Oshl<osh Public Museum / Static Shelving ' i.c� Sto�-�a,� August 14, 2014 Oshkosh Public Museum 1331 Aigoma Boulevard Oshkosh, WI 54901-2799 Re:—Static SmartShelf—Oshkosh Public Museum In accord with your Bid Specifications request as submitted, we are pleased to submit the following proposal relative to your collection storage requirements. ARTistic Storage present this document in conjunction with our manufacturer partners—Montel, Inc. and Viking Metal Cabinet Company As a Federally certified woman-owned small business enterprise and focused exclusively on the Museum Market, ARTistic Storage management has over 18 years of Museum-specific storage product and consultancy experience. Established in 1924, Montel Inc is recognized as the pioneer of high-density mobile shelving storage system solutions in North America, Montel has developed a line of efficient and safe products that respect the integrity and value of all types of collection materials, regardless of size or shape. Each system is custom-designed to meet the particular requirements of the material or media to be stored. Furthermore, Montel is ISO-9001:2008 certified & ISO 14001:2004 certified while confirming their continued commitment to safety, quality and customer satisfaction. We trust you will find our proposal favorable in terms of content and terms. The opportunity to submit this document is indeed appreciated. Please let me know how I can be of further service. Sincerely, Sr�scv� G��hz`er Susan Winter Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 Oshkosh Public Museum I�'".. y ���'. .�� Fki � . � i� ¢ �,�.r.i� � �ir: — _ �� ., .. z . .....� '::'��+Yi, :... : ...�.:' .t ....,��..Y ':".� d": F ' t�� 3� ��� . u ,! .` . .. ... '1I . .: „ " 't % � ' ` ._, q j - �,. - ---- .•_ >... 'R.;, ar -� . .w .: �;� �i ...�... . , � .� .�:-.�.�.:. .._�.: .. . . ,: . �� ._. .. ... _ . . - ��:. #r�.: ,�., �. �I����I� ,... . . � , �� .. .. , .� e� . n �� - = � �, � _ .�� , _ ��r _ :a . _. .... ,.� — _. .���...:�_�.ra� . . w , ..: ; `� II � ---- �. � �� �. , �� . { , � � �� ��, . .���� . _ .- . _ � ,�,, -_��.... �- ��� �� _ , � r _ . _. � __ � , _ �_ _ . .. _ . , � . �-...,,,,,,. -3 �� , �,� ��°,:�' � w� � - � k ,�� �,� , . ,o- _ �_. � � ._ � � .__ : . -_ _ : �. . r _ : __ ;r.: , . -,-...._ _. . - �„�,,,� .__-.-_.. ,, �= .'�--_. —.�.. � ,` �., � �. . _, �. A � .. �� � : ..:.�� � . � i� � ��r _� . � �- � .-.�„ -� >. � �r ��; ,. � . �.� �, . ,�... ..�� � _ � ,_ - � �"""`� ���; �. �_ -.� � � Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 ABOUT US ARTistic Stora�e A federally certified woman-owned business enterprise,ARTistic Storage focuses exclusively on the storage and collection management for Museums. As owner and President, Susan Winter is a highly- regarded Museum storage and collections consultant. Additionally, Susan has over 18 years experience as a dedicated professional within the Museum industry—which includes product research and development, as well as nationwide project development and analysis. Fully aware of the unique requirements of the modern Museum collections storage and management protocol, this experience has provided Susan with the market awareness to recognize the leaders in the Museum storage industry. By aligning ARTistic Storage with Montel, Susan offers her clients a powerful team to address her clients' needs. Montel - Corporate Profile Established in 1924, Montel Inc. is the pioneer of high-density mobile shelving storage system solutions in North America. Montel manufactures and markets products for healthcare, military, government, law,justice, museums, institutions and industries. Montel's achievements include some of the most prestigious projects in North America and around the worlda The company serves clients through a network of authorized dealers throughout North America, Latin America, Europe and the Middle East. Montel's high-density shelving systems are renowned to be the smoothest and safest systems in the industry. Montel can provide high-density storage solutions for your specific storage needs: • Archives • Art Collections • Blue Prints • Books • Boxes • Bulk storage • CDs and DVDs • Collections • Evidences • Files • Film Cans Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 • Magnetic tape • Media • Medical records • Pharmaceutical products • Pictures • Sterile Materials • Surgical supply • Tools • Videos (VHS Tapes) • Weapons Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 WE PROPOSE THE FOLLOWING: A- Static SmartShelf 8 sections of 24"D x 48"W x 69"H Hook shelves t 65 11�' ---162 G TM�` � �$�� ���� �� FRONT VIEW WITHOUT PANEL LEFf SIDE VIEW 24" 48�. � : B 13 1!4" a 3/4" 13 1(4" A 3/4" 69.� 13 1/4" A 314" 12 1/4„ A 3/4" 12 1!4" A 48" Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 C-Static SmartShelf 2 sections of 24"D x 48"W x 69"H Support Shelves 53 1�4" �8�� r1c � 4 A � � � � �,�° '�''�� it�'T� � �� � � � � �'r�M �} L� �1�M BACK VIEVJ RIGHT SIDE VIEW WITNOUT PANCL 48` 2 5!$' E 131l4' D 3!4" 12 314' D 3/4" 69" 12 314' D 3t4" 12 3/4' d 314" 12 3/4` C ��. Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 D-Static SmartShelf 4 sections of 24"D x 48"W x 69"H Support Shelves&4 sections of 24"D x 30"W x 69"H Support Shelves i c31 114' t SB" ac cJt � — — — - - - - - -- - - 24` ?4114' G� c�c dc �1 — — - - - - - - - - ?4"41��" FRONT VIE4V WITHOUT PAt�lEL IEFT SIDE��EV1' 48" 30"� �--2 5!8" E 13 1!4' D 3!4" 12 3J4' D 3/4" �9„ �z�ra• D 3!4" 12 3!4" D 3!�" 12 3/4` C 2d" Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 E-Static SmartShelf 4 sections of 24"D x 48"W x 69"H Support Shelves&4 sections of 24"D x 30"W x 69"H Support Shelves BkCt� 1$1 114' PANEl. 1�$" 2 ' — — — — — — — — — — — — 24 1 t4 �,� t8' 48' -*_ ,,, ?4 1 f�24" — — — — — — — — — — — �J�{ 4&` 48" 38' r'� 1 FROfVT VIEW LEFf SIDE VIEVt' VI�ITHOUT PrrNEL 48" 30" 2 5/8" E 131/4" D 3J4" 12 314" D ��" 69'. 12 3(4" D �r�,� 12 3/4" D 3l4" 12 3/4" C 24" Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 F-Static SmartShelf 2 sections of 24"D x 30"W x 69"H Hook shelves 2�i tl2^ ��. LF FULL '� 6AGK P�EL V� [l'Y� �V* � G FRQhIT'v1E5N ,������P�� LEFT SIDE VIEW �—30"--i C A 13 1/�" B 3t�" 131/-1° B 3!-i" 69" 13 1/-�" B 31�4' 12 1/-1" B 3/4" 12 1/d" B ��R Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 G-Static SmartShelf 2 sections of 24"D x 48"W x 69"H Hook shelves ?.� �f�- ��. �� }1 114' r�((1F sv FROIYT VIEW C.EFT 5�E V4..FNt W17HQYiT PJIlJEL »B"-� �2 5'8 E C 13 itd" D 3fd' 13 tid" D 31d' 69- 13 itd' a 3r'4' 12 114' D 3td' 12 11d' D 2!' Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 H-Static SmartShelf 4 sections of 24"D x 48"W x 69"H Support Shelves as�ra� 48" �t-i 99 1/4" 96" a - FR�NT VIEW 14'ITHOUT PkPdEL LEFi StDE VIEW ���� r--48"� C 22 1/4' 6 3J4' 69" 21 314' B 3l4' 21 3!4" A 48' Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 I-Static SmartShelf 4 sections of 18"D x 36"W x 69"H Support Shelves 3Fi 114" 36" � 75 71�3" 3 G T�yn � 3 C FRONT�'IEW LEFf SIDE VIEIN V►'ITHOUT PkNEL 18" �^ C 17 3I4" B 3J4" 15 3/4" B 69„ 3/4" 15 314" B 3J4" 15 314" A 36" Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 r r ` r r � �� t '�� .�� � �'� � � � �,i i _ r� I����� �_ _ w; rl� � �.±q i` �'�,�. y'C ,�� �� } A t:; � �� f .� 6 r �,. " ��' � ,...akA- ��MV �T � Yy4 'R t _ :�.. �x::xi.'.—. — .4 e r. � ���_ , "i.� V `` . J—Static SmartShelf 2 sections of 24"D x 48"W x 54"H Support Shelves �'[ 1/�` „r pw 'YU � y� i�rvl '���$ ����` B.ACK VIEW 'Iti�fTFfOUT PFahEt RIGHT SIDE VIEW ?�e O--'�8� C 17 3,�4' B 3;4" 17 t?4" B $!3" f 5 3f4' A 48' Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 K-Static SmartShelf 4 sections of 24"D x 48"W x 69"H Support Sheives 9� 114" g6" � � a 48"� 1/4" FROWT VIEVJ 4YITHQUT PANEL LEFT SIDE VIEW �q^ �. C 17 3J4" 6 314' 15 3/4' g 69" 3d4' 15 3/4" B 3(4' 15 3!4" a aa- Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 L-Static SmartShelf 2 sections of 24"D x 48"W x 69"H Support Shelves 24 11�" 24" �L 99 114" c 9+3" c FRONT`✓IEW LEFT SIDE VIEW VJITHOUT PANEL �-- 48"-� C 17 3/4' B 3!4' 15 3l4' B � 3!4' 15 3�4° 8 3!4' 15 314' A � 24' �� � � �� �'�>'�►'�`-; :�</ :.c� :*� _ � �� � �� �; �. =��: ? " • t Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 M-Static SmartShelf 2 sections of 24"D x 36"W x 69"H Support Shelves 24 i14° 24„ �'b9 75 7,'4" 'C 7�� FRONT VIEW LEF7 SIDE VIEW WITHOUT PANEL 36"---i C _ � 221/4" B 3/d" 69" 21 3!4' B 3/4" 21 3!4' A 24" TOTAL PRICING, MATERIAL, DELIVERY Hc INSTALLATION: $19,416.00 20% DOWN WITH PURCHASE ORDER Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 Subject to the conditions stated below, Montel warrants to the original purchaser and for the first installation that the equipment manufactured by it will be free from defects in materials and workmanship: LIFETIME LIMITED WARRANTY:for the lifetime of the shelving and mobile carriages("structural frames").For the purposes of this warranty,structural frames shail be deemed to exclude all moving parts,controls and guides that have immediate contact with any moving parts. 10-YEAR LIMITED WARRANTY:for ten(10)years from the date written hereafter*,for all carriage drive motors.During the 10- year warranty period,all parts are included at no cost for 10 years.Labor installation is included at no cost during the first year of the 10-year warranty period. 5-YEAR LIMITED WARRANTY:for five(5)years from the date written hereafter*,for all equipment,other than structurel fremes and motors.During the 5-year warranty period,all parts are included at no cort for 5 years.Labor installation is included at no cost during the first year of the 5-year warranty period. If, within each of the warranty period as indicated above,any equipment shall be proved to Montel's satisfadion to be so defective,such equipment shall be repaired or replaced at the option of MonteL All warranty service for any equipment manufadured by Montel must be approved by an authorized Montel factory representative. This warranty shall not apply to equipment repaired by any party other than an authorized Montel representative or to defectr or damage caused by acts of God or other circumstances beyond Montel's control, improper installation (unless installation was by authorized Montel installer), improper electrical supply or environmental conditions, improper operation,maintenance or storage,or other than normal use or service.This warranty shall be void if any portion of the purchase price shall be due but unpaid in accordance with the terms pursuant to which the equipment was sold. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE,MONTEL MAKES NO WARRANTIES,IMPUED OR OTHERWISE,AND MONTEL SPECIFICALLY DISCLAIMS ANY IMPUED WARRANTY OF MERCHANTABILITY OR FITNE55 FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY: Repair or replacement of any defective equipment, or refund of the purchase price paid by the customer in the event Montel determines such equipment cannot be repaired or replaced, shall be the curtomer'z exclusive remedy for breach of the warranty for product defects,however caused,and in no case shall Montel be liable for incidental, consequential,special or other damages,or loss of profits or revenues whether as a result of breach of contraR or warranty, Montel's negligence,or othenvise.Montel shall have no liability for any advice or assistance rendered by any party outside the scope of Montel's writte�specifications for the manufacture,operation or maintenance of the warranted equipment. " f0-year limited warranty and 5-yea�limited warrenty are appliwble from the date of warranry registration completed by the end-user at _ . www.manteLcom.As indicated on the registration form,registretion constitutes the wstomert written acceptance of installation.lf regis[retion � �� has not been activated by the end-user within one hundied and twenty(120)days from date of fadory shipping,the warranty shall 6e in force from the date ofshipping. N� MONTEL The Intelligent Use of Space M��O L � J 9001-2000 system�monteLcom - www.monteLcom . Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 ISO 9001 : 2008 CERTIFICATION N.� fV N � e'f ai g �� � 8 �� ,� b r�, � � Q ' \I � � i 7 � �� �} � � � D �', O � I � {� ~ 9C pa � a+ ��_ o � Z � p r.��`�'..,� �.�m � � � •�.� m € � : m ,�, � ,�^�,��g 3�� � � �q � �g� c, � `�'°:, � m E � ❑� R ����`��� �. 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LI x � rn'� m �LL� S. ic � $a' d �II 7 d E� p g E o �g ' V E S' � s `om �._ a �n n— a /'� v°E '�l E � �'� �� �✓' � � c E a"�i C7 � � pj$ � � � y 'J �W �� C � � � ��(q y � a O �N m O t � � � Z O m � N E m m� ❑� =° � E c 0 �� � c � EC °= g o � y � � $3 � ' ^ •' r �j Z C T � d o � a �8 � C� _ ° '= Q � " °m m C a � � 'h � aCi N � � Q � � o+ � d V+ �� � I �i 4 � o � m � � y v �O' � � E S a� � 'Q m 2 Q � w�6 U � « Z� �S o Q a m E � r m � � q n � 3 y� '°� m� "� � a m 3 i Q m� 7'� 9 �p U g K O tc6'O � � 6j k.+m C1 � � p -�op pG p� I y � Q� p '- � j 1�0�N � ' � �7 �Fe Q � C y � C� � �C ~$ N �? l6 � `1 C �;� L m o e O t0 OI V Ny :.. H � � 3 � W � N� � �` y N \ � N O V � � `� Y N� L (, �7 E Z ' � c � � � E c 6 � aci m � m � � �yyy C,Q�T � /�� � � L m C O1 N � "�t6 V1 V � � U H ° O c� m yY °� vv m = L �— � -a CO � _ � �I � U �� .� . Z� =� O❑ � 1�$���� r � 1� � ��? y � m� �� Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 The quotations and terms above are subject to the conditions stated above, all of which are hereby referred to as a part thereof. A 1.5% service charge per month (18% annually) will be added to all unpaid past due balances. Balances over sixty (60) days will incur a $25.00 late charge in additional to carrying charges. All Contracts on any orders on Seller's proposals shall not be effective or binding upon the Se�ler until accepted by an authorized corporate officer at its main office. In the event that Purchaser does not accept delivery of this equipment ordered hereunder, within six (6) months of the date of this order, Seller shall have the right to cancel such order at his option and to charge usual and customary engineering, layout, freight, warehouse, handling, storage and other related expenses incurred. No return, exchange, or refunds allowed on custom design, custom color, or made-to-measure orders. Non-custom products returned will be invoiced for a restocking fee of 25% plus packaging and freight costs incurred to return the product to the factory of origin. PROPOSAL SUBMITTED FOR Montel/ARTistic Storage Susah GJ%n�er To: Oshkosh Public Museum TOTAL $19,416.00 REPRESENTATIVE'S SIGNATURE ACCEPTANCE BY PURCHASER: SIGNATURE TiTLE PRINTED NAME DATE Montel/ARTistic Storage Oshkosh Public Museum August 14,2014 GENERAL CONDITIONS OF CONTRACT Ali quotations, unles .\otherwise expressly stated therein or withdrawn or changed by the Seller prior to acceptance,are deemed to be withdrawn by the Seller at the end d�fifteen (15) days from the date thereof, but an order based on such proposal when accepted by the Seller in writing will constitute a contract whi shall not be cancellable by the Purchaser,as a whole or in any part,without the Seller's written consent thereto,subject, however, to any valid law ��regulation of the United States affecting or rendering impossible, partially or entirely, Seller's performance of such contract. On any orders plac \d with the Seller, or contracts for the sale of goods based on quotations by Seller,the Seller shall not be responsible or in any manner liable in damar es or otherwise,for any default or delays of production,or delays due to acts of God,fire,public enemy,accidents at the factory, delays in transpo' tion, delays in processing materials due to delay or inability on the part of material supplier, strikes or labor disputes in the Selier's factories, o� any factory from which materials are ordered for the work covered by such contract, or in any locality where the work is to be done,or any Gover ental Order or regulation hindering or rendering impossible the performance of such contract by the Seller, whole or in part,or any other contingen ,or cause,beyond the control or without the fault or negligence of the Seller. It is understood and agreed between the pa�ies hereto that title to the materials to be furnished hereunder shall pass to the Purchaser upon delivery to the common carrier at the point of origin;b nevertheless,it is an express condition of this sale and contract that the Seller has a security interest in such materials until such time as the full purc ase price or any judgment for the same is paid in full. In the event the full purchase price is not paid in full within thirty(30)days from the date of this i voice,the title to the goods shall automatically pass to the Seller and the Seller shall be entitled to immediate possession of the merchandise. The Seller may enter into any premises for the purpose of obtaining and/or repossessing any merchandise not paid for in full pursuant to the term\ ereof,without notice to the Purchaser and without liability or trespass to the Purchaser. In case of default of payment or in case of removal of sa'd goods or any part thereof without the consent of the Seller,or in the event the Purchaser shall mortgage or part with the possession of said prop rty, voluntary or involuntary, without the consent of the Seller, the latter shall have the remedies of a secured party under the Uniform Commerc' I Code, including without limitation, the right to resume immediate possession of the same wherever it may be found,and remove it with or withou process of law,and may declare this agreement terminated and may retain ali monies paid hereunder as liquidated damages and rental for such goo s. In the event a claim in placed in an attorney's hands for collection or in the event of litigation,a reasonable attorney's fee and cost shall be added�\reto. No federal, state or local sales, use, or other tax that may be levi d or assessed upon any goods to be furnished under this contract, or upon the sale, purchase or use thereof, is included herein; any such tax s II be paid by the Purchaser, and if by law the Seller is chargeable with the collection or payment thereof,such tax shall be added to the contract rice. All claims for shortages must be made within five (5)days from receipt f goods. Special printing and filing supplies may be shipped as much as 10%more or less than quantity ordered and price adjusted pro-rata on th invoice, All work done by Seller shall be in compliance with all state, city and other I ws applying to the same. However, if any provision or condition herein stated shall be found to be invalid under the violation of any law or public poli of any State or the United States,such invalidity or violation shall not affect or impair the validity of the remaining provisions of this agreement. No electric wiring is included in the contract price. All necessary wiring and con uit shall be fumished and installed by the Purchaser. Purchaser shall also furnish the necessary electrical power at his own expense to any point o�onnection required for use of the equipment. t i i t th Iler rin th t li h i� I w Ins allat on, if any, s o be done by e Se du g e es ab s ed or customary gu ar orking hours of the locality in which the work is to be done or the hours of work provided by any federal, state or municipal law, ordinan e or regulation, or any labor agreement of the Seller. Any overtime expense is to be paid for by the Purchaser at actual cost. If the Seller, due to local conditions or local ordinances, is required to use its installers in supervisory capacity only and local labor is required,the cost of such local labor is to be added to the contract price. In the event items ordered by the Purchaser are received by the Selier and stored in the Seller's warehouse being held for the Purchaser, the Purchaser must pay the full amount of the invoice immediately upon receipt of the invoice. II bills are payable in full upon shipment of the goods and upon presentation of the invoice. In the event that the Purchaser does not accept delivery of inerchandise ordered within 30 day of arrival,then the Purchaser shall pay all of the remaining balance of the cost of the merchandise and freight charges immediately and pay orage charges of one (1) % of the cost of the merchandise per month. Each item on order by a Purchaser shall be treated as a separate entity and invoices thereon shall e due and payable for each item as they are shipped and invoiced. It is agreed between the parties hereto that this contract, including the conditions set forth on this p e and any approved specifications and/or drawings herein referred to and pertaining hereto, contain all express and implied agreements of the part s made connection therewith,and no oral or other agreements or understandings, conflicting with or in addition to their provisions hereof,or of sai specifications and drawings, shali be of any effect unless in writing, signed by both parties hereto, and that all alterations or changes to be ade, if any, shall be subject to further negotiations,and any such alterations or changes,if agreed upon must be reduced to writing signed by both arties. Montel/ARTisric Storage Oshkosh Public Museum August 14,2014 ����J1 � � ���'�°� CERT�FIC�,TE �� L�,A,BILITY lNSUR.,�,NCE os��8izo a" THIS CERTfF(CA'fE IS ISSUED A8 q MA7TER OF lMFORMATION ONLY ANA CONFERS NO i2fGHT$UPdN THE CERTIFiCATE HOLdER.THIS CERTIFICATE DOES N07 AFFIRMATIV�LY Ot2 NEGATIVELY ARR�Np, EXTF.tJA OR ALTER TFiE COVERAGE AFFORDED BY THE POLICIES BELOW. 7titS CERTIF[CATE QF tNSURANCE DOES NOT CONSTl7UTE A CONTRACT BEIWEEN THE tSSUING INSl7RER(S),AUTHORIZED REPRESEMfA7NE OR PRODUCEF2,ANO THE CER7fFICATE HOLDER, IMPOR7'ANT: If the certfflcafe hotder is an ADDfi'lOM1UiL INSURED,the paltcy{tes)masf 6e endorsed. If SUBROGA'fIQN IS WAIVED,subject to the terms and cond[tlans of the pol[cy,certafn pottctes may require an endorsement. A statement on thfs certtftcate does not confer tighfs to the certiticate holder in lteu ofsuch endorsement(s). • PROOUCER CONTACT qn r aron NAfd57 Renaud Assurances&Gestion de risques pKo►� a 8 s27- a�,0 418 627-5627 1485, boul.Lebourgneuf,bur.320 �� an re.carvn renau assurances.com Qu�bec QC G2K 2C9 p�Rp�. INSURER S AFFORUiNG COVERAGE NAIC M ' 6URERAS CHUBB 1NSl1RE4 (NSURER B t NTACT Montel 1NC.and ALS iNSU,� c• SO RE N I 225,4eme Averiue Montmagny QC G5V 3S5 ���RER D: IMSURER E: i1NSt1RER P; COVERAGES CERTlFICATE NUMBER: REVISfON NUMBER: THIS IS 70 CERTiFY TNAT THE POLfC{ES OF 1NSURAfVCE LISTED BELOW HAVE BEEN 155UEp TO 7HE INSUAED NqMED ABOVE FOR THE POUCY PERIOD 1NOICATED. NOTWITHSi'ANDMG ANY REQUIREMENT,FERM OR CONDI710N OF ANY CON7F2ACT OR OTHER DOCUM1rSEt1T IMTFi RESPEC7 70 WHfCN 7HIS CERTIFICA7E MAY BE ISSUECI OR MAY PERTAIN,THE 1NSURANCE AF�ORDED BY 7HE POLICIES pESCREBEO HEREW iS SUBJEC7 70 ALL THE TERMS, EXCLUSIQNS AND COND{iIONS OF SUCH PDL1CfES.UMIT5 SHOUVN MAY HAVE BEEM REOUCED BY PAID CLAIMS. ��TR TYPEOFINSURANC6 ADDLS BR POLtCY POLIQYEXP � POl.tCYN�Rt9ER MNWOIYYYY MMf�OlYYYV L1bI1T3 GENeRnLLIAefUTY � EACHOCCURRENCE 51 OOD,000 COMMERClALGENERAt.IfABfUTY PREAISES Ea ca f 50,000 CWMS-MAOE �occuri 35946939 09/27/13 09/27/14 MED EKP M ona ersvn a 5,00� • � ISO FORM CG 20 37 OR EQUIVALEN PERSONAL 6A�V INJURY S 'I OOO,QOE} OENERALAOQREOATE S Z O O O OOO . . . GEN'LAGGREGATBUMRAPPllE6PER: PRODUC79.COMP/OPAQO 5 ?,OOO,OOO POLICY ��� LAC ' S auroraoeufuae�urr CO B� 1,000,000 � � ^ ANYAUTO BODILYINJURY{PerpersoN S �� A��OISMJED A�C�N�ULEO 67�-5937 08/27/13 9/2�/��{ BO�ILYWJURY(Peraccldent) 5 HIREDAUTOS NON-0WNE� PROpERTY�MiAGE S AUT0.S b tlGIBREfJ.ALIAB OCGUR FACHOCC(AiRF1JCE S Z,OOO,OOO � �xcessuae CWMS-MAOE SOV79154557 �9/27/13 09/27/14 �GREGATE � S 2D00000 DEO REfEN'ilONS ������ s WORKERSCOMPENSATION WCSTATU- OTH- AND EMPLOYERS'LfABIU7Y O�CERlMEM ER�IX�DED'�EC��� Nrn N/A N/A WA EL EACHACCIOENT S • (MmtlatorylnNHJ ELDI3EASE-EAFJNPLOY S . . Ifyes,desalbe under EL DISEASE-POCICY UMIi i DESCWPTION OF OPERAT10N5 beiow ' DESCRIPTION OF OPERATiONSlLOCATtON3 J VEFi[CLE9(Aftxch ACORD 101,Addilbnal Remarks Schaduto,It more spacc ts requtred� Additionai Insureds perattached endorsements. Cert�cafes of Insurance acceptable to the Ciry oF Oshkosh shaJl be submitted prfor to commencement of the work to the applicable Gity department These certificates shall contafn a provision that coverage afforded under pollGes will not be cancefed or non renewad until at least 30 days'prior written notice has been given to the City Clerk-City of Oshkosh. � � CERTIFlCATE HOLDER CAfJCELLATION SNOUI.b A F�{'�_��S�l�t�l���I�"�kED BEFORE Cify of Oshkosh,Attn:City Clerk TH8 E?CPI�T�—�IffeR�G�—iie�rivi vriEE ee�EWEAE6 IN 215 Church Avenue AccoRnaNCewrrH UCS INC' PO Box 1130 � �Sf1�COS�1,W{ 54903-1130 AUTHORI2EDREp TATIVE � (�1 88-2Q40 ACQRD CORPORA7ION. All rights reserved. ACORD 26(2010fQ5) The qCORD name and logo are reglsterecE marks ofACOR� /sd � �°��°� CERTIF(C,A,TE OF LI�BILITY 11�SURANCE osiisrza�' I TlitS CERTIFICATE!S iSSUED AS A MAi7ER OF INFORMA7TQN QNLY AND CONFERS NO RI(3HTS UPON THE CERFiPiCATE HOLDER.i'H1S CERTlFICATE AOES NOT AFFIRNlATfV�LY QR N�GA7'IVElY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDEp BY THE POLICIES BELOW. THIS CERTfFICATE OF INSURANCE UOES NOT CONSi7TUTE A CONTRACT BETWEEN THE ISSUIhIG lNSURER(5},AUTFiOftlTEb REPRESENTA7lVE OR PROpUCER,AND'tHE C�R'ClFiQATE HOLDER. IMPORTANT: If the certiftcafe holder'!s an ADDITIONAL iNSURED,the poltcy(2es)musE be endorsed. If SUSROGATfON IS WAIVED,subject to the tarms and condittons of the policy,ceda[n polEcies may require an endorsement. A stafement on this cert'rffcaYe does nof confer righfs to the cedificate holder in peu ofsuch endorsement(s), • PRODIlCER �aM�C7 n te aron I Renaud Assurances&Gesfion de risques pHa+� a�8 627-9292#3a FAx 1185, boul.Lebour neuf bur.320 E,�,�,� ao r,o: 418 627-5627 9 ' on ess: an re.caron renau assurances.com QUebeC QC G2K 2C9 INSURE 9 ARFORUfNOCOVERAOE kn�cr � 1N5lRiERA: CHUBB � 1NSURED INSU ER 9: l�TACT � Montel lNC.and ALS �NSURERCC SO 225,4eme Averiue INSURER02 Montmagny QC G5V 3S5 � INSIlRERE7 iNSURER F: COVERAGES GERTIFICATE NUMBER: REUlSION NUMB�R: THIS 1S TO CERTIFY THAT 7FlE PpLICIES OF fNSURANCE USTED BELOW NAVE BEEN 155UED TO THE INSURED NAMED ABOVE FOR THE POLICY PsRloo INDICA7E0. NO'fWfTH51'ANOlNG ANY RE4UIREMENT,TERM OR CONDIT(ON OF ANY CONTRACT�R OTHER DOCUMENT'WITH RESPEL7 TO WHICH THIS CERTIFICATE MqY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY 7HE POLfC1ES DESCREBEO HEREIN IS SUBJECT TO Al.L THE 7ERIN5, EXCLUSIONS AND CONDI710NS OF SUCH POLIClES.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CWMS. �7q TYPEOFINSURANCE Am S�R pOUCYNUM1TBER MN�flllODY/YYYFY MMDU� UFdlib OENERqLLqBILITY EACHOGCURRENCE 5'I,OOO,OOO DDMMERCIALGENERql.I,IAB�UTY pRE ISB Ea aeeuiren� S 5a,��0 ^ �cwt�6•Mws �occuR 35946939 09/27/14 09/27/15 la�IXP ona erson) s 5,000 • f� !SO FORM CG 2037 OR EQUfVAlENT pEftSONA1.3ADVINJURY S 'I OOO,OOO GENERALAGQREGATE S OOa OOO , . GEk1AGGREGATELIMITAPPIlESFER: pRODU07S-COMPlOPAC+G 2 Q�Q�00 P011CY P - LOO ' 3 AUTO�AOHILELIABRITY COM8INEDSfNG LMIT �,DOQ,000 � ao denl AN1'AUTO BODILYIN,AIRY(Perpersan) S Q A OS�Ep �QS��° 671-5937 09/27/14 9/27l15 gOpILYMJURY(PU:aldenf) s HIREDAUIOS q�$��� P PERTYDAMAGE S b UMBRELUIUA6 p�CUR EACHOCCURRFStCE 5 Z,00a,��0 C �ccESSUae SOV79154557 DS/27/14 09/27/15 AGGREGATE s 20D0000 CWMS•AfADE 6E0 NT(ONS $10,000 S WORI(ERSCOMPENSA710N yy�y7�pn. pjH. 0.NU EMPLOYERS'LIqByJjy ANYPROpRIEtOWPARtNEWE7CECl1ilYE Y�N WA N/A N/A �LEACHACCIOENT S OFFICERlMBABERIXCLUaED7 ❑ N1A . fMAndaloryinNH� ELOI&EASE-EAEMPLOY S fl yes,deaw�ba under DESCRIPTIONOFOPERATIO SEetaw ' ELA�SEASE-POLICI'LIM1T S PESCRIPTIONOFOPERATIONSILOCATIONSlVEHICLES(AttachACOR�10l�AddillonalRerirarksSchadufo�Umor¢apawfsmqulred) ' Additional Insureds per attached endorsements. Certificetes of Insurance acceptable to the Cfty of Oshkosh shall be submitted prior to cammencement of the work to the applicabie City department.These certificates shall contaln a provision that coverage afforded under policfes will not be canceted or non renewed until at � least 30 days'prlor written nofice has been given to the City Clerk-City of Oshkosh. � I CERTIFICATE HOLbER CANCElLATION I SHOULO 0.NY OF TNE ABOVE DESCRIHE�POL1CfE5 BE CANCELLEO BEFORE Ciiy of Oshkosh,Attn:City Clerk 'tHE ExPfttA7loN DA7E 7�9�r ,NQi�� 1 t�L��6�[.I�E�r�� 215 Church Avenue ACCORDANCE WITH ! ��18D1 ��R PO BOX 113p � fON DE RIS UES'INC Oshkosh,W! 54903-1130 AUTHORIZED PRfSENTATNE � 968-2U10 ACORD CORPORATiON. Afl rights reserved. ACORd 25(2010/05) The AC�RD name and logo are registsred Inarks of ACORD /sd POLICY NUMBER: 35946939 COMMERCIAL GENERAL LfABIUTY ❑ f7 U ❑ � ❑ ❑ p ❑ ❑ f1ll1] o UWI�G 20 10 07 04 THIS ENDORSEM�NT CHANGES 7HE POLICY. PLEASE READ IT CAREFULLY. ADD(T14NAL fNSUI�ED - OWNERS, LESSEES (JR CONTRACTORS - SCHEDULED PERSON OR 4RGANIZATION This endorsement modi�es insurance provided under the follawing; COMMERCIAL GENERAL L(ABILITY COVERAGE PAR7 SCHEDULE Name Of Addifional Insured Person(sj Or Or anization s : Locatian s Of Covered Q erafions As required by contract Any and all job sites Information re uired fo com lefe this Schedule, if not shown above will be shown in the Declarations. A. Section 11 — Who Is An insured is amended to B. With respect fo the insurance afforded to these fnclude as an additional insured the person(s) or addifional insureds,the following additional exclu- organization{s) shown in the Schedule, but only sions apply: with respect to liability for "bodily inJur�', "property . damage" or "personal and advertisfng injur�/' This insurance does not apply to "bodliy fnJury' or caused, in whole or in part,by: "property damage"occurrfng after: 1. Your acts or omissions;or 'f. All work, including materials, parfs or equip- 2. The acfs or ornissions of those acting on your ment furnished in connection with such work, behalf; on tfie project(other than service, maintenance or repairs) to be performed by or on behalf of In the performance of your ongoing operations far fhe addifianal Insured(s) at fhe location of the the addiiional insured(s) at the locafion(s) design- covered operations has been completed;or nated above. . 2. That portion of "your work" out of whlch the InJury or damage arises has been put to fts in- tended use by any person or organization other than another cantractor or subconfractor en- gaged in pertorming operations for a principal as a part of the same projecf. CG 20 10 07 04 O ISO Propertles, Inc.,2004 Page 1 of 1 p POLICY NUMBER: 35946939 � COMMERCIAL GENERAL LIABII.ITY 0 U O u ❑ " o ❑ ❑ ❑ p [itiD U �G 20 37 O7 04 7HIS ENDORSEMENT CHANGES TWE POLICY. PLEASE READ IT CAREFUI.I.Y. ADDITIONAL tNSURED -- OWNERS, LESSEES OR CONTRACT�RS - C�MPLETED OPERATI4NS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCH�DULE Name df Additional Insured Person(s} Or Or anization s : Locafion And pescrl Elon Qf Com leted O erafions As required by contract Any and all job sites Information re ulred to com lete this Schedule if not shown above,will be shown in the Daciarations. Section II — Who fs An Insured is amended fo include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injur�', "property dam- age" caused, in whole or in part, by "your work" at the Iocation designated and described in the sched- ule of this endorsement pertormed for that additfonal insured and includad in the "praducts-compfeted operations hazard", � CG 20 37 07 04 O ISO Propertles, Inc.,2004 Page 4 of 9 ❑