The URL can be used to link to this page

Home My WebLink AboutVienola General Contracting ! � CONTRACTOR AGREEMENT.• C/TY HALL MECHAN/CAL BU/LD/NG /MPROVEMENTS THIS AGREEMENT, made on the 1 1 T" day of December, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and VIENOLA GENERAL CONTRACTING SERVICES, P.O. BOX 3306, OSHKOSH, WI 54903, 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: (Mathew R. Vienola, Vienola General Contracting 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 Contractor's Cost Proposal dated 9/29/14 attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications 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 completed by February 1 , 2015. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $18,316, 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 City all sums including court costs, attorney fees and punitive damages which the City 2 , • 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 contractor's certificate of insurance for this project is attached 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 /CONSULTANT BY: /�i9� �l�ld�A� D�//U��l/ (Seal of Contractor (Specify Title) if a Corporation.) B : (Specify Title) CITY OF OSHKOSH / By: c�--- �,- �L, , f�L- Mark A. Ro loff, City Manager (Witne � __ �_ _.__� � v ' � _ , �- �Z - � �Zu �, And: �� (Witness) Pamela . Ubrig, City Clerk ;! APPROVED: I hereby certify that the necess- �, ary provisions have been made to ' pay the liability which will accrue �% ' ' r� under this contract. City At a City Comptroller 4 . ��,UI��T.� 1 �e7e�a�Ca,�t�ac ti�� s�� PO Box 3306 • Oshkosh, WI 54903 920-579-0532 Proposal Submitted To: Proposal Date: 9/29/14 City of Oshkosh Contact Phone:920-379-2262 215 Church Ave Customer Phone: Terry Smith ......................................................................... We Hereby Submit Specifications For Repairs on maintenance building As Follows: Remove and replace exteriar doors with steel frame steel slab,two double 64"x 80",two 40"x 84",one 40"x82",one 32"x82"all with keyed handle sets $15,191.00 TOTAL COST(Including Labor,Equipment&Materials) $15,191.00 We hereby propose to finish all labor,materials and equipment to complete in accordance with the above specifications for the sum of FOURTEEN THOUSAND SEVEN HUNDRED NINETY ONE DOLLARS with payment to be made as follows 50%DOWN AND BALANCE UPON COMPLETION. 1 'h% service charge per month on past due accounts. ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED AUTHORIZED ALL WORK IS TO BE DONE IN A WORKMAN MANNER ACCORDING TO STANDARD PRACTICES. ANY SIGNATURE ALTERATION OR DEVIATION FROM THE SPECIFICATIONS INVOLVING EXTRA COST WILL BE EXECUTED BY WRITTEN ORDERS AND WILL BECOME p�SIDENT DAVID J VIENOLA OR VICE AN EXTRA ABOVE THE ABOVE QUOTATION. ALL p�SIDENT MATTHEW R VIENOLA AGREEMENTS ARE CONTINGENT UPON DELAYS NOTE:THIS PROPOSAL MAY BE BEYOND OUR CONTROL. OWNER IS TO CARRY FIRE, �yITHDRAWN BY US IF NOT ACCEPTED TORNADO AND ANY OTHER NECESSARY INSURANCE. VIENOLA BROS,INC ARE ALSO FULLY INSURED AND WITHIN 10 DAYS. ALL PRACTICES ARE IN ACCORDANCE WITH ALL LOCAL LAWS AND REGULATIONS. Dwelling Contractor Certification#638767 Dwelling Contractor Qualifier Certification# 1084536 ......................................................................... ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. DATE ACCEPTED CUSTOMER SIGNATURE THIS IS NOT A VALID CONTRACT UNLESSACCEPTED BY A CEO OF GENARAL CONTRACTING SERVICES LLC DATE ACCEPTED PRESIDENTNICE PRESIDENT SIGNATURE ' �e7e�a��,aK tr�ac tiK� �e�aices PO Box 3306 • Oshkosh, WI 54903 920-579-0532 Proposal Submitted To: Proposal Date: 9/29/14 City of Oshkosh Contact Phone 920-379-2262 215 Church Ave Customer Phone: Terry Smith ......................................................................... We Hereby Submit Specifications For: Repairs on maintenance building As Follows: Remove existing window,new framing for overhead door,new two sided steal raised panel insulated overhead door $1975.00 Remove interior wall and carpet scrape floor clean(there will be an up charge if strippers are needed) $1,150.00 TOTAL COST(Including Labor,Equipment&Materials) $3,125.00 We hereby propose to finish all labor,materials and equipment to complete in accordance with the above specifications for the sum of TWENTY SEVEN HLJNDRED TWENTY FIVE DOLLARS with payment to be made as follows 50%DOWN AND BALANCE UPON COMPLETION. 1 '/z% service charge per month on past due accounts. ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED AUTHORIZED ALL WORK IS TO BE DONE IN A WORKMAN MANNER ACCORDING TO STANDARD PRACTICES. ANY SIGNATURE ALTERATION OR DEVIATION FROM THE SPECIFICATIONS INVOLVING EXTRA COST WILL BE EXECUTED BY WRITTEN ORDERS AND WILL BECOME pRESIDENT DAVID J VIENOLA OR VICE AN EXTRA ABOVE THE ABOVE QUOTATION. ALL pRESIDENT MATTHEW R VIENOLA AGREEMENTS ARE CONTINGENT UPON DELAYS NOTE:THIS PROPOSAL MAY BE BEYOND OUR CONTROL. OWNER IS TO CARRY FIRE, �yITHDRAWN BY US IF NOT ACCEPTED TORNADO AND ANY OTHER NECESSARY INSURANCE. VIENOLA BROS,INC ARE ALSO FULLY INSURED AND WITHIN 10 DAYS. ALL PRACTICES ARE IN ACCORDANCE WITH ALL LOCAL LAWS AND REGULATIONS. Dwelling Contractor Certification#638767 Dwelling Contractor Qualifier Certification# 1084536 ......................................................................... ACCEPTANCE OF PROPOSAL: The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. DATE ACCEPTED CUSTOMER SIGNATURE THIS IS NOT A VALID CONTRACT UNLESSACCEPTED BY A CEO OF GENARAL CONTRACTING SERVICES LLC DATE ACCEPTED PRESIDENTNICE PRESIDENT ��i��7" �3 /��R� OATE(MIWDDIYYYY) � CERTIFICATE OF� LIABILITY INSURANCE 12/04/2014 THIS CERTIFICATE IS ISSUED AS A,MATTER OF INFORMATION ONL.Y AND CONFERS Id0 RI(3HTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATNELY AMEND, EXTEND OR ALTER THE�COVERAt3E AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(3), AUTHORIZED REPRESENTATNE OR PRODUCER,�4ND THE CERTIFICATE HOLDER. iMPORTANT: if the certiflcate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subjact to the terms and condiUons of the policy,certatn policies may require.an endorsement. A statement on this certi�cate does not confer rights to the certificate holder in fleu of such endorsement(s}. PRODLICER • JIM MI7CHELL MITCHELL INSUf2ANCE AGENCY PHONE ' 1924 S.WASHBURN ST. ��. FAC o:920-233-2712 OSHKOSH,WI.54904 �` PRODUC . INSURER 3 AFFORDING COVERAGE NAIC!� INSURED ' INSURERA:SOCIETY ItVSURANCE COMPANY GENERAL CONTRACTING SERVICES,LLC P.O.BOX 3306 , �NSURER B: OSHKOSH,Wi. 54903 �NSURERC: � INSURER D: I�URER E: � ' INSURERF: 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 WCi'11 iRESPECT TO WHICH THlS 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 7� TYPE OF INSURANCE POUCY NUMBER POLICY EFF MOLIpY FJ� u�� A GENERAL LIABIUTY CBP585780 08/1912014 08/19I2015 EACH OCCURRENCE S X COMMERCIAL GENERAL LIABILITY � � P Ea S CIA�MS-MADE.�OCCUR MEDEXP M ane S 5 X ISO FORM CO 20 37 OR EQIV �RSOt�u a pov uw Rv a X ISO fORTI CG ZO'IO O�@qIV. OENERAL'AGGREGAT� $ Q 000 p�0 GEN'L AGGREGATE lJM1T APPLiES PER PRODUCT3•COMP/OP AGG 5 POLICY X PRO- LOC • $ A nu�roa�oei�e uasiuTr CA11447524. 08/19/2014 08/19/2015 COMBINED SINGLE LIMIT AtaY AurO r� • (ea acddenc) � $ 1,000,000 ALL OWNED AUT03 !.—J BODILY INJURY(Per person) $ X SCHEDULED AUTOS BODILY INJURY(Per accldent) $ PROPERTY DAMAGE HIREDAUTOS (PeracddeM) $ NON-OWNED AUTOS � $ S A )( UMBRELLALIAB x OCCUR CBP585760 12/01l2014 12/01/2015 EACHpCCURRENCE� $ 2 000 000 EXCESS LU1B CLAIM&MNpE � AGGaeGA� S 2,000,000 DEDUCTIBLE S RETENTION $ S WORKERSCOMPENSATION WCSTATU- • OTH- AN�EMPLOYERS'LIABILRY " j ' ANY PROPRIETOR/PARTNERIEXECUTIVE Y f N E.L,EACH ACCIDENT ; OFFICERfMEMBER EXCLUDED? � N�A ' (Mandetory In NH) E.L DI3EASE-EA EMpLOYE $ H.yes,descrlbe untler E.LDISEASE=POLICYLIMIT $ IJ 1 DESCRlPTION OF OPERAilON31 LOCATIONS I VEHICLES(Attach ACORD 101,Addifionai R9marks 8chadule,H more�sea i�r�quirec� PROJEC?PERTAINING TO THE CITY OF�SHKOSH MAINTAINENCE BUILDING//OR ANY OTHER PROJECT ENTERED INTO BY THE INSURED FOR THE CITY OF OSHKOSH//THE FOLLOWING SHALL BE NAMED AS AN"ADDITIONAL INSURED"--CITY OF OSHKOSH,AND ITS OFFICERS,COUNCII. MEMBERS,AGENTS,EMPLOYEES AND AUTHORIZED V�LUNTEERS.!/FOR A MINIMUM OF 2 YEARS AFTER ACCEPTANCE OF PROJECT CERTIFICATE HOLDER CANCELLATION CITY OF OSHKOSH SHOl1LD ANY OF THE ABOVE pESCRIBED POLICIES BE CANCELLED BEFORE THE . EXPIRATION DATE TFiEREOF,NOTICE NALL BB DELIVERED iN ACCORDANCE.WITH iHE 215 CHURCH AVE. PoucY PRrnnswNS. OSHKOSH,WL 54901 ' , pt)7HORIZEDREPRESEN7A'fIV� ' . • 1 ' 1iLi�`v'c�" 01888-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD � � General Contracting Services POLICY NUMBER: � CBP585i60: � � COMMERCfAL GEN�RA�LIABILtTY � � CCi 20 37 07 04 TFNS ENDORSEMENT CHANGES THE POLICY. PI.EASE READ IT CAREFULLY. ADDITIQNAL (NSURED -- OWNERS, �LESSEES OR . .. .... . ...... ...... . . . ... ....... .. .. ... .ONTR�ACTORS��d��:��7ED�4PERATIONS..... Thfs endorsement modifies insurance provided unde�the following: COMMERCIAL OENERAL LIABIUTIF COVERAGE PART $CMEDULE Name Of Additional Insured F'srson(s) Or Or anixaEion s : l.ocatiort And DescrJ tion Of Com leted O eratfons _. _. PERTAINING TO THE PROJECT INVOLVING THE . � . ' • CITY O,F OSHKOSH MAINTAINENCE BUILDING OR As requtred by contract Any and all Job slfes information re uired to com lete this Schedula if not shown above will be shown 1n the Declaratians. Section II — Who Es An Insurect Is amended to include as an additional insured the person(s) o� organizafion(s) shown in the Schedule, but only with respect to Iiabiitty for "bodily (nJury", "property dam- age" caused, (n whole or in part, by "your work° at tha iocatton designated and desc�ibed in.the sched- u!e of thEs endo�sement perforrned for that addttfonal insured and included in the "products•completed operations hazard". Jnsurance Standard 11 SAMPLE CERTIFICATE Piease indlcate somewhare on thla certlficata,the contract or project� CG 20 37 07 04 �iS0 Properties,Inc.,20Q4 Page 1 of 4 ❑ Getleral Con#racting Services - ' CBP585760 • .� POLiCY NUMBER: � COMMERCIAL GENERA[.LfA81LITY C(3•2010 07 04 THIS ENDORSEMENT CHANGES THE pOLICY. PLEASE READ iT CARE�U1.l.Y. ADDITIQNAL INSURED -- OWNERS, LESSEES OR . ........................_..._..._._._... ._................. ._.._....... . . . . . ......... � � CONTRACTORS��--��SCHEDULED PE�RSON��OR� � � �RGANI�ATION This endorsement modifles insurance provide�d under the following: COMMERCIAL.C3ENERAI.I.fABIl.I7Y COVERAGE PART SCH�DULE Marrie Of Add(ttonal Insured Person(s) Or Or anization s : Location s Of Covered O eratfons PERT/�INING TO THE PROJECT INVOLVING THE CITY OF OSHKOSH MAINTAINEI�CE BUILDING OR As requlred by contracf Any and all Job attes Information re uired#o.com lete this Schedule if not shawn above will be shown in the Declarations. A. Section II — Who !s An Insured ls amended to B. With respect to the insurance afforded to fhese include as an add(t(onat insured the person(sj or additional insureds,the following additional exclu- organization(s) shown In the Schedule, but only sivns apply: with respect to liabllity for"bodily inJury", °prope�ty � damage" or "personai 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 materiais, parts or equip- 2. 7he acts or omissions of those acting on yaur ment furnlshed in connection with such work, behalf; on the proJect(other than servlce,maintenance or repatrs) to be performed by or on behalf of In the pertormance of your ongofng operations for fhe additfonal insured(s) at the location of the the additional tnsured(s) at the location(s) design- covered operations has been completed;or natad above. "2. 'fhat ponion of °your work" out of which the � - inJury or damage arlses has been put to Its in- tended use by any person or organlzation other . than another contractor or subcontractor en- ' gagad in performing operations for. a principa! as a part of the same project. lnsurance Standard I! SAMPLE CERTIFICATE • Pleaae indicats somewhere an thla certlticate,the contraat or proJect# CG 2010 07 04 (�ISO Propertles,Inc.,2004 Fage 1 of 1 ❑