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HomeMy WebLinkAboutFloorcare USA Inc./Senior Center 2017 7- YYpYrµiyghG CONTRACTOR AGREEMENT: EPDXY FLOORING: OSHKOSH SENIORS CENTER CITY OF OSHKOSH THIS AGREEMENT,made on the 61h day of JANUARY,2017,by and between the CITY OF OSHKOSH, party of the first part,hereinafter referred to as CITY, and FLOORCARE USA INC., 2246 W. BLUEMOUND ROAD, WAUKESHA, WI 53186, 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. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts,the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as maybe otherwise specifically stated. ARTICLE 11. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Dan Koutecky,Technical Sales,Floorcare USA 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 111. CITY REPRESENTATIVE ng individual to manage the project described in this contract: The City shall assign the followi (Jon G.Urben,General Services Manager) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Request for Quotation for the Project titled "Epoxy Flooring: Oshkosh Seniors Center" dated December 10, 2016, and the contractor's bid form and materials 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 City. ARTICLE V. 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 VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than April 1, 2017. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $14,581.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Contractor within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Contractor a statement as to the reason(s)for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. 2 ARTICLE VIII. 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. ARTICLE IX. 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 X. 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 a- In the Presence of: CONTRACTOR/CONSULTANT By:—a' (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH Mark�Aohloff, City Manager (W tness) And: i . Wit ess) Pamela R.Ubrig,City Clerk I i APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ity Attor a City Comptroller 4 12/16/2016 16:35 2627865284 FLOORCARE PAGE 02/04 .4 QUOTE Dan Koutecky Mark Rohloff Cell:262-391.9490 City Of Oshkosh t Fax:262-786-5284 Purchasing division Phone:262-786-0770 920-236-5100 dan.koutecky@fioorcare-usa.com PO Dox 1130 Date:Friday,December 16,2016 Oshkosh,WI 54903-1130 Prolect Description Dec4rative Flake Project Location Oshkosh Seniors Center South Building 200 N.Campbell Road Oshkosh,WI Scope size;1,800 Square Feet 1. Using riding floor scraper,remove old VCT and small amount of ceramic tile. 2.. Mechanically prep the surface and hand diamond grind all edges for a clean and bondable surface. 3. Mechanically diamond saw out and fill joints and hand trowel and patch any pits,spalls and cracks and trowel smooth and level. 4. Once patched,apply a solid color epoxy primer coat and allow to fully cure. 5. To properly primed surface,apply a base coat of 100%solids epoxy base coat system In client selected solid colorant and then broadcast to full rejection client selected decorative flake pattern end allow to fully cure. 6. Perform a second flake broadcast and allow to cure. 7. Once cured,sweep off excess blended flake chips and apply a grout coat of 100%solids epoxy in clear and allow to fully cure, 8. Once cured and in time window for a chemical bond,apply a top coat of UV-stable/aliphatic System 7100 High Traffic System urethane satin finish In clear/neutral colorant and allow to fully cure. (Floors will be high traction,per ANSI 6101.1 standards) Project Notes: • Proposal based on normal first shift working hours. If nlghtime hours are required a change order will be issued for added labor cost. • Floorcare is to have exclusive access to the area for the duration of the Install. • Duration of Install to last 5 days. • Proposal based on not applying epoxy cove base_ • Proposal based on normal moisture levels in concrete slab. If moisture levels are high an alternate price is listed below for the cost of a moisture primer. Fioorcare will perform moisture testing at no cost and share results with customer prior to starting the project. • Proposal based on using Florock Epoxy and Urethanes. Florock materials are more than comprabie to the specified Sika products. Alternates,, Alternate price given for moisture primer In necessary: X1,495.00 BASE PRICE: 14,58=1 Net 15-day5 on remaining balance upon completion. All taxes included in price. 1 ate: Signature: (Quote subject To attached project terms and warranty) Floorcare USA,2286 W.Bluamound Road j Waukesha,WI 53186 www.floorcare-usa.com i i i j I t k i AC RO n® CERTIFICATE OF LIABILITY INSURANCE DAT / Y) 01/0/o5/2017on 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME;_„__ Terry Roux Unisource Insurance Associates - - .- 10425 West North Ave Suite 226 PHONE Ext 414-732-2540 FAX No;414-774-7232 Wauwatosa,W1 53226 EMAIL ADDRESS: TRoux@unisource-ins.com INSURER(S)AFFORDING COVERAGE NAIL M INSURER A: West Bend Mutual Insurance Company INSURED Floorcare USA,Inc. INSURER 8: 2246 W.Bluemound Road SIG At Waukesha,W153186 INSURER C: INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSR ADDL SUBR POLICY EFF POLICY EXP POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A COMMERCIAL GENERAL LIABILITY X 1002818 07/01/16 07/01/17 EACH OCCURRENCE $ 1,000,000 IV DAMAGE TO RENTED 200,000 CLAIMS-MADE OCCUR PREMISES(Ea occurrence $ Professional Liability MED EXP(Any one person $ 10,000 $500,000 claims made PERSONAL BADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY©JEC a LOC ' PRODUCTS-COMPIOP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X 1002818 07/01/16 07/01/17 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 ANY AUTO BODILY INJURY(Per person) OWNED SCHEDULED -�BODILY INJURY Per accident $ AUTOS ONLY AUTOS ( ) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LAB OCCUR 1002818 07/01/16 ;07/01/17 EACH OCCURRENCE $ 10,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$waived $ A WORKERS COMPENSATION 1002819 07/01/16 07/01/17 PER OTH- AND EMPLOYERS'LIABILITY Y/N _...._.. STATUT' ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ _5_0.0_,00_0_ OFFICER/MEMBFR EXCLUDED? � N/A (Mandatory In NH) If yes,describe under E.L.DISEASE•EA EMPLOYEE $ 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00D i I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: City of Oshkosh Seniors Center City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers are included as additional insureds under the general liability for both ongoing and completed operations on a primary/noncontributory basis,per Form WB1482(see Section CA.b.for Primary/Noncontributory and see Section B.3.for Completed Operations). "Per Project"liability limit is applied per form CG25030509. Additional insured status applies to automobile liability on a primary/noncontributory basis. Umbrella coverage provided will follow the provisions,exclustions and limitations of the underlying insurance. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 Church Avenue ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 1130 Oshkosh,WI 549031130 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD i; i Document editions:04/01/13107/01/04 110/01/01 ISO I Commercial General Liabilit Forms 04/01 13 ISO Effective Dates: General Liability Wisconsin Effective 04/01/2013-01/01/2999 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 -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"or"property damage" caused, in whole or in part, by"your work"at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the"products- completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds,the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. i ©Insurance Services Office, Inc. c@Insurance Services Office, Inc. i I I i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTOR'S BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended 3. Except when required by written contract or to include as an additional insured any person or written agreement, the coverage provided to organization whom you are required to add as an the additional insured by this endorsement additional insured on this policy under a written does not apply to: contract or written agreement. a. "Bodily injury"or"property damage" occur- The written contract or written agreement must ring after: be: (1) All work on the project (other than 1. Currently in effect or becoming effective dur- service, maintenance or repairs) to be ing the term of this policy; and performed by or on behalf of the addi- 2. Executed prior to the "bodily injury," "property tional insured at the site of the covered damage," "personal injury and advertising in- operations has been completed;or jury." (2) That portion of"your work"out of which B. The insurance provided to the additional insured the injury or damage arises has been is limited as follows: put to its intended use by any person or organization other than another con- t. That person or organization is only an addi- tractor or subcontractor engaged in tional insured with respect to liability arising performing operations for a principal as out of: part of the same project. a. Your premises; b. "Bodily injury"or"property damage"arising b. "Your work"for that additional insured; or out of acts or omissions of the additional c. Acts or omissions of the additional insured insured other than in connection with the in connection with the general supervision general supervision of"your work." of"your work." 4. The insurance provided to the additional in- t. The Limits of Insurance applicable to the sured does not apply to "bodily injury," "prop- additional insured are those specified in the erty damage,""personal injury and advertising written contract or written agreement or in the injury"arising out of an architect's, engineer's, Declarations for this policy, whichever is less. or surveyor's rendering of or failure to render These Limits of Insurance are inclusive and any professional services including; not in addition to the Limits of Insurance a. The preparing, approving, or failing to shown in the Declarations. prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; and b. Supervisory, or inspection activities per- formed as part of any related architectural or engineering activities. WB 1482 06 06 West Bend Mutual Insurance Company Page 1 of 2 West Bend, Wisconsin 53095 C. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS is amended with the addition of the fol- lowing: 4. Other insurance b. Excess insurance This insurance is excess over: Any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract spe- cifically requires that this insurance be ei- ther primary or primary and noncontribut- ing. Where required by written contract, we will consider any other insurance maintained by the additional insured for injury or damage covered by this en- dorsement to be excess and noncontrib- uting with this insurance. When this insurance is excess, as a con- dition of coverage, the additional insured shall be obligated to tender the defense and indemnity of every claim or suit to all other insurers that may provide coverage to the additional insured, whether on a contingent,excess or primary basis. Page 2 of 2 West Bend Mutual Insurance Company WB 1482 06 06 West Bend,Wisconsin 53095 t I POLICY NUMBER: 1002818 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Your projects away from premises owned or rented by you Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by 'occur- damages or under Coverage C for medical rences" under Section I—Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section 1 — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing"suits". CG 25 03 05 09 C Insurance Services Office, Inc., 2008 Page 1 of 2 13 i, B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I—Coverage A,and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be attrib- the "products-completed operations hazard" will uted only to ongoing operations at a single des- reduce the Products-completed Operations Ag- ignated construction project shown in the Sched- gregate Limit, and not reduce the General Ag- ule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit,whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc.,2008 CG 25 03 05 09 ❑