HomeMy WebLinkAboutMaaco's Commercial Interiors ORIGINAL
CONTRACTOR AGREEMENT- ADMINISTRATION BUILDING FLOOR - TILE AND
CARPET - WASTEWATER TREATMENT PLANT
THIS AGREEMENT, made on the 14TH DAY OF OCTOBER, 2014, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and MACCO'S
COMMERCIAL INTERIORS INC, 2035 LARSEN ROAD, GREEN BAY WI 54303
hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor, for the consideration hereinafter named, enter into
the following Agreement. The CITY'S Bid Specifications and Insurance requirements are
attached hereto and incorporated into this Agreement. The Contractor's proposal is also
attached hereto and reflects the agreement of the parties except where it conflicts with the
CITY'S terms within this agreement, in which case the CITY'S Bid Specifications,
Insurance requirements, and other terms of this agreement shall prevail.
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following
individual to manage the project described in this contract:
(DALE SCHUMERTH - MACCO'S SALES REPRESENTATIVE)
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:
(KEVIN SORGE, WASTEWATER TREATMENT PLANT DIVISION MANAGER)
ARTICLE III. SCOPE OF WORK
The Contractor shall provide services described in the proposal dated OCTOBER 10,
2014 (THIS 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 by NO
LATER THAN JANUARY 31 2015.
ARTICLE VI. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
S 13,460.00 (Thirteen-thousand Four-hundred Sixty dollars and 00/00) 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 to be negotiated and set
forth in a written amendment to this agreement executed by both parties prior to
proceeding with the work covered under the subject amendment.
ARTICLE VII. CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims and demands of any kind or character whatsoever
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 VIII. INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh
as an additional insured. (THIS ATTACHED AS EXHIBIT B) If applicable, the
Contractor is responsible for meeting all insurance requirements. The CITY does not
waive this requirement due to its inaction or delayed action in the event that the
Contractor's actual insurance coverage varies from the Insurance required.
ARTICLE IX. TERMINATION
A. For Cause.
If the Contractor shall fail to fulfill in timely and proper manner any of the obligations
under this Agreement, the City shall have the right to terminate this Agreement by
written notice to the Contractor. In this event, the Contractor shall be entitled to
compensation for any satisfactory, usable work completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the
Contractor no later than 10 calendar days before the termination date. If the City
terminates under this paragraph, then the Contractor shall be entitled to compensation
for any satisfactory work performed to the date of termination.
This document and any specified attachments contain all terms and conditions
of the Agreement and any alteration thereto shall be invalid unless made in writing,
signed by both parties and incorporated as an amendment to this Agreement.
3
In the Presence of: CONTRACTOR /CONSULTANT
l����'-�-� —
—o
�
�
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
, � BY: �' 7�� �'���'���'�l /
Mark A. Rohloff, City Manager
(Witness) ---- �
_____ __,, 4
.�
And: ' ���
` itness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary
provisions have been made to
pay the liability which will accrue
under this contract.
City A orney
City Comptro ler
4
EXHIBIT A
5
� '� � Remittance Addre�s:
.s .
� Macco's Commercial Interiors, Inc. 9
. ' ° 2035 Larsert Road Pa e 1
680 S.WESTLAND DRIVE•APPLETON,WI 54914 Green Bay, WI 54303 m
� 920-731-3231 �
�
�
�
Q(��TE CJt
• • • � �
CITY OF OSHKOSH WASTE WATER TREATMENT PLANT
215 CHURCH AVE 223 N CAMPBELL RD
PO BOX 1130 OSHKOSH, WI 54901
OSHKOSH, WI 54903-1130
e . - r. - ■■ -• .- � .'- ._
10/10/14 920-236-5100 WWTP ES481845
Style/Item Color/Description Extension
SECOND FLOOR CARPET 2,926.00
CARPETING FOR SECOND FLOOR 4 OFFICES. COST INCLUDES REMOVING THE EXISTING
CARPETING AND VINYL BASE AND INSTALLING NEW CARPET AND BASE. FURNITURE TO BE
REMOVED BY OWNER PRIOR TO US STARTING. WORK IS SESTIMATED AS BEING DONE
DURING REGULAR DATYTIME HOURS.
PORCELAIN TILE&CARPETING FIRST FLOOR 10,534.00
PORCELAIN 12" X 12" TILE AND BASE FOR THE FIRST FLOOR COMMON CORRIDOR AREAS
AND CARPETING IN TWO OFFICES. COST INCLUDES REMOVING THE EXISTING QUARRY
TILE, QUARRY TILE BASE, CARPETING AND VINYL BASE AND INSTALLING NEW PORCELAIN
TILE & BASE, (ESTIMATED USING DALTILE CONTINENTAL SLATE 6" X 6" TILE) .
CARPETING AND VINYL BASE WHERE IT IS NOW IN THE OFFICES. FURNITURE TO BE
REMOVED BY OWNER PRIOR TO US STARTING. WORK IS ESTIMATED AS BEING DONE DURING
REGULAR DATYTIME HOURS.
OPTION TO DO WORK AFTER HOURS ON WEEKNIGHTS ADD $984.00.
—10/10/14 2:14PM —
Sales Representative(s):
SCHUMERTH,DALE
50%down payment;b lan e d to"� taller pon completion.
Authorized Signature: QUOTE TOTAL: $13,460.00
Macco's Commercial Interiors, Inc.
ACCEPTANC�OF PROPOSAL:
The above proposal includes all Terms and Conditions on the
reverse side and is hereby accepted.
Signature
Date
� EXHIBIT B
6
��'O`Ra� CERTIFlCATE OF LIABILITY INSURANCE DATE�MMIDDNYYY�
. '�,.....--° zo/�.�/zoi4
THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATIpN pNLY AND CQNFERS NO RIGHTS UPON THE CERTIFICATE HaLDER. THIS
CERTIFICATE DOES NOT AFFIitMATiVELY OR NEGA7IVELY AMEND, EXTENd OR ALTER THE COVERAGE AFPORDED BY THE POLICIES
BELOW. THIS CERIIFICATE OF INSURANCE DOES NOT CONSTfTtITE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLD£R.
IMPORTANT: If the certifcate holder is an ADDITIONAL INSUREb,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the poticy,certain policies may require an endorsement. A statement on this certificate doas not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER NAME: Tiffanie CourtneV
M3 Insurance SoluCions, Inc. pnONE � ��� �
480 Pilgrim Way, Suite 1230 {!�._NQ.fx�1:.9.2.9=�Q5-9162 __.........._._......................!_lac NoJ?-S2_.D..-_4.R.5.-.97.6.9._..._.__.
E-MAiL ,
Green Bay WI 54304 aooRESS: tiffanie..c.ourtneyc�m3ins_com_._
---------�--.._�_..._.._....... ... ___. ...------- --...._........
PRODUCER
C�STOMER ID N;_MACCF,-Z...................
INSURER(S AFFORDING COVERAGE NAIC Y
__....._.. ... ....................... ...,---�------------------------...........---......°---------.._......__�..............--°--°-----
----.._.. _........ _......_...__... _..._._...
. .. .. ......... . _.
IkSURED INSURERA:.AtR2Kl.BUYe InsuranCe CO[RpollV
Macco's r^loor Covering Center Inc ---------------------------~......................---- --------------......._...........__...____
. . INSURER B
Mac:co's Commerc�.al InCe.r.�.ors Inr. ------°--.__................--.--.---- - ---_.._.._.__..._......_.. _._.----.-- _..._..
2035 Larsen Road INSURERC:
_...._--.._._._ __....._......... ._._._...._._._........_..---�--------_...._..................._.._._....
Gree:l F3ay WI 54303 INSURERD:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:11.0344�727 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF tNSURANCE LISTEO BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY
PER100 INDICATED.N0TIMTHSTANDING ANY REQUIREMEMT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT V1nTH RESPECT TO
WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIM,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJ£CT
TO ALL THE TERMS,EXCLUSIONS AND CONDITIQNS OF SUCH P011CIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIp CLAfMS.
.------------------------------_.._........................._____..
1NSRi �ypE OP INSURANCE ;���L'SU�$---- ------- PpiJCY EFF-.l...POIICY fXP... UM17S
lTR f POLICYNUMBER M p/YYYY I MM1�
F+ GEMERALLIA&IITY +Y I CLP2091375 2/'l7/2014 2/2'7/2015 Ep,CHOCCURR[NCE �S1,OU0,000
i , ------
-"' DA;MnGC tb�tCNt�U �
� ;COMMERCIALG�NERAL L�ABiUTV ; � I i PREMISES{Ea occurrence) 1 5100 000
i �__.I � �
i 1 J CLAIMS•MADE �OCCUR � ' � � 'MEDEXP�Myoneperson) �$30,000
_.�
r i � � iPERSONALBADVINJURY ±51,000 000
....� . . _.._- ------ — _'.� � ....._- - ----- ....... ... . .._.
� � i I � � �G£NERALAGGRFGA7E I$7,000 000
�_ _ _ . . _ ; � � � f _. ------
I CFN'L AGGRFGATE UMIT APPLIES PER: E j � � PRODUCTS CAMPiQP AGG SZ 000,OOU
.......� ..
� � � PRO- { ! _.._'- .'---- ..�.......,. .S.. --"--------
I �POL.ICY X I 3 LOC 4
A AUTOMOBILELIABIUTY £Y C'A2(}91374 2/27/20i4 2/'l7/2015 COMBIPFEDSINGLELIMI7 51,000,00(1
----- �(Eaaccitlent}
aANY AUTO � i ..---------'--'--"-- ---'---........................................
-- BODILY INJURY(Per person) S
. . •�--------- -- ----.__._.............._..............,_....._.._.
ALL OVMlEO AUTOS � � BOpiLY tNJURY(Per acu0ent) S
� I ------._s..__.__.............................-----'-..
_--
SCh{EDULED AUTQS f �PFtOPERTY DAMAGE
x NaRED AUTOS ! I(Per accidenq
_. _._
_....__------._._.....---......._�_____....._-------_.__._.—._.....
�..._. NON-OWNED�UTOS i �....._..._.._.._....____....._..-----...-------5--._._....._._......................._.....- ....._..
j ( i S
A X I umBRELLALlaB x �pCCUR �Y 3 rU�097.377 42/27%20;.4 7./27/2Q15 €EACHOCCURRENCE S5,000,0U0
................._..........._.__._....................................................._._........----��-�---°--...._._
E....
� EXCESS LIAB ` � '
I ; l CLAIMS-MADE � � AGGREGAT£ 5�.000,000
�--�— -----. . ...._......_.._... ........._, .... ._... � i ---` -------- __...._. .._._.. . ....._._....__....---
i �I�EDUCfB�E � � .. . f
. .t ....... .............. --
�RF.1@NTION S i s I g
p WORKERSCOMPENSATION I WC20913'76 2/27/2014 2/27/2015 X �STATU• OTH
�AkD EMPLOYERS'UABILITY Y�H i � � I9RY_ILMiI� __�R
_'-- ._-'."- .._.__
ANYPROPRIETORJF'ARTNER/EXECUTIVE � E.LEACHACGDENT j500 000
OFFICERlMEMBER EXGIV�ED7 � N!A i . .. -.....--.....-..,...
.._.... ...... ._.._ ...__.._ . ._...... .._.._..
(Mandatory In NN� � E.L.DISEASE-EA EMPLOYE 5500,000
If yes,describe under __..._..._.._.._....____..�_�.�.__...._._.___..,._.._..._................._.._._..-----.—..
DESCRIPTION OF OPERATIONS below E.L.CNSEASE-POLICY LIMIT S 500,000
A Tnstal.l.ation Floa[er CYP2U913'JSOU01 2/27/?.014 7./27/2015 At Any One Location 1U0,000
1
DESCRIP710N OF OPERATIONS/IOGATION51 VENICtES(AttacA ACORD 707,Adtlltlonal Rem2�ks Schedule,Nmo►e space is�equlredJ
WWTP F2ooring (2yrs)
The City of Oshkosh, its officers, council members, agents, employees or authorized volunteers are
See Attached. . .
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCFtIBED Pq�ICtES 8E CANCELLEO
BEFORE THE EXPIRATION DA7E THEREOF,NOTICE WILL SE DELIVERED
IM ACCORDANCE WITH THE POLICY PROVISIONS.
City of Oshko�h - ACtn City Clerk
215 Church Sfxeet.
PO BOX 113 O AU7HORIZED REPRESENTAT7VE
Oshkosh WI 54903-1130
='¢''t,!' i � 't ;.'yy"Y
... ..:t.,. ,t-'lG?_• -°��.__
01988-2009 ACpRD CORPORA710N. All rights reserved.
ACORD 25(2009/09) The ACOi2D name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: MACCF-2
' LOC JF:
AC'O O� ADDITIONAL REMARKS SCHEDULE Pa9e 1 pf 1
�---.
AGENCY NAMEDINSURED
M3 InsuraF�ce SQlutions, Tnc. Macco's Floor Cover.ing Center inc
---- — Macco's Commercial Interiors Tnc
POLtCY NUMBER
2035 Larsen Road
Green Bay WI 54303
CARRIER NAIC CODE
EFFECTIVE DATE:
ADDt710NAL REMARKS
TH4S ADDITIONAt REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: ZS FORM TITLE: CERTIFICATE OF LIABILITY IAISURANCE
included as Additional Insured on a Primary & Non Contributoxy $asis on the General Liability and �
UmbrelJ.a Liability and Additional Insured on the Automobile Liability.
30 day Notice of Cancellation, ta the Certifi�ate Holder, is included on the policy.
ACORD 901 (2008/01j �O 2008 ACORD CORPORATION. Ail rights reserved.
The ACpRD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY.
CONTRACTOR'S BLANKET ADDITI4NA� INSUREQ ENDORSEMENT
This endorsement modifies insurance provided under the fo{lowing:
COMMERCIAI.GENERAL LIABILITY COVERAGE FORM
All of the terms, provisions,exclusions, and limitations of the coverage form apply except as specificafly stated
below.
Policy Number Agency Number Palicy EffeGtive Date
CPP20913750001 029590Q 02J27/2014
Policy ExpirationlCanceliation Date Date Account Number
02/27/2015 03/04/207.4 200b1173
Named tnsured � Age�s�y isxuing Campany
MACCOS FLOOE2 COVERSNG CENTER �3 Il3SURANC6 S�I,UTIONS, AMERISLIRE TNSURANCE COMPANY
INC.
--_..----- ------...__..._.__... — • --________--
1, SECTIUN I!-WHO IS AN INSURED is amendecf to add as a�insured any person or organization:
a. Whom you are required ta add as an additional insured an this policy under a written contract or written
agreement relating io your business;or
b. Who is named as an additional insured under this policy on a certificate of insurante.
However,the written contract,written agreement or certificate of insurance must require additional insured
status for a time period during the term of this policy and be executed prior to the"bodity injury","property
damage", or"personal and advertising injury"giving rise to a claim under this policy.
If, however,"your work"was commenced under a letter af intent or work order, subject to a subsequent
reduction to writing within 30 days from such commencement and with tustomers whose customary�ontracts
require they be narned as add+tional insureds,we will provide additional insured status as specified in this
endorsement.
2. SECTION 11-WHO IS AN INSURED is amended to add the foilowing:
If the additional insured is:
a. An individual,their spouse is also an additional insured.
b. A partnership or joint venture, members, partners, and their spouses are also additional i�sureds.
c. A limited liability company,membe�s and managers are als�add'Rianat insureds.
d. An organization othe�than a partnership,joint venture or limited liabitiiy company,executive o�cers and
directors of the organization are also additional insureds. Stockholders are alsa additianaf insureds, but
only with respect to their liability as stockholders.
e. A trust,trustees are also insureds,but onfy with respect io their duties as trustees.
3. The insurance provided fo the additiona(insured under this endorsement is limited as foflows:
a. That person or organizaGon is only an additional insured with respect to {iability arising out of:
{1) Premises you own, rent, lease,or at�upy;o�
(2) Your ongoing operations, unless the written contrad,written agreement or certificate of insurance
alsa requires completed operations coverage{or wording to the same effect), in which case the
coverage provided shall extend to your completed operations for that additianal insured.
Includes copyrighted materiat of lnsurance Services Office. Inc.
CG 70 4811 09 Pages 1 of 3
Premises,as respects this provision,shall include common or pubtic areas about such premises if so
required in the written cantract or written agreement.
Ongning operations,as respects this proviston,does not apply ta"boclity inju�'or"prvperty damage"
occurring after:
(a) All work including materials,parts or equipment furnished in connection with such work on the project
(ather ihan service, maintenance or repairs)to be performed by or on behalf of the additional
insured(s)at the site of#he covered operations has been completed; or
{b} That portion of'�rour worK'out of which the injury or damage arises has been put to its intended use
by any person or organization other than another contractor or subcontractor engaged in performing
operations for a principal as a part of the same praject.
b. The limits of insurance applicabfe to the additional insured are the least of those specified in the:
(1} Written cantract orwritten agreement;
(2} Cenificate of insurance;or
(3} Declarations of ihis pali�y.
The limits of insurance applicable to the additional insured a�e inclusive of and not in acfdition to the limits
af insurance shown in the Declarations.
c. The additional insured status provided by this andorsement does not extend beyond the expiration or
termination ot a premises lease or rentaf agreement nor beyond the ierm of this poticy.
d. If a wr'stten contract,written agreement or certificate of insurance as outlined above requires that additional
insured status be provided by the use of CG ZO 10 11 85,then the terms of ihat endorsernent,which are
shown below,are;ncorporated inio tt�is endorsement as respecrs such additiana(insured,ta the extent
that such terms da�ot restrict coverage otherwise provided by this endorsement:
ADDITIONAL tNSURED-OWNERS,�.ESSEES OR
CONTRACTORS(F�RM B)
This endorsement modifies insurance provided under the following:
COMMERCfAL GENERAL LIABILtTY COVERAGE PART.
SCHEDULE
Name of Person or Qrganization: Bkanket Where Required by Written Contrad,
Ag�eement, or Cer[ificate of Ensurance that the terms of CG 2d 10 11 85 app{y
(If no entry appears above,information required to complete this endorsement will be
shown in the Dedarations as applicable to this endorsement.)
WH� IS AN INSURED(5ection iq is amended to include as an insured the person or
organizat'son shown in the Sthedule,but only with respect to liability arising out of
"your wnrk"for that insured by or for you.
Copyright, Insurance Services Offce, Inc., 1984
CG 20 1 Q 11 85 ,
e. The insurante provided to the additiana)insured does not apply ta"bodily injury","property damage",or
"personal and advertising injury"arising out of an archited's,engineers,ar surveyor's rendering of or
failure to render any professional services including but not limited to:
(1} The preparing,approving,or failing to prepare or approve maps, drawings,opinions,reports,
surveys, change orders, design specifications:and
{2) Supervisary,inspection,or engineering services.
includes copyrighted material of tnsurance Services C3�ce, Inc.
Page2of3 CG7048i109
f. 5ECTION IV-COMMERCtAL GENERA�.LiA81liTY CONDITIONS, paragraph 4. Qther Insurance is
deleted and replaced with the following:
4. Other I�surance.
Any coverage pro�ided in this endorsement is excess over any o#her valid and collectibie insurance
available to the additional insured whether primary,excess, contingent,or on any other basis unless
ihe written contract,written agreement,or certificate of insurance requires that this insurance be
primary,in which case this insurance will be primary without contribution from such other insurance
available to the additiona!insured.
Includes copyrighted material of Insurance Services Office, Inc.
CG 70 4811 09 Pages 3 of 3
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BesPs Statement File-P�C.US
BesYs Execulive Summarv Report-Composite-Prooertv/Casualtv
BesYs Executive Summarv Reqort-Comr�arison-PropertviCasualtv
Besfs Sfatement File-GIQbaI
BesYs State Line-P7C US
Best's Reoulatorv Center Market Share Reoorts
BesPs Corporate Chanqes and Retirements-p/C US/CN
BesPs Insurance Exoense Exhibit(IEE)-PJC US