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Home My WebLink AboutContractors Agreement: Roof Replacement- Menominee Park Shelter 4&5 Oshkosh CONTRACTOR AGREEMENT: ROOF REPLACEMENT: MENOMINEE PARK SHELTERS 4 &5 CITY OF OSHKOSH THIS AGREEMENT,made on the 7th day of June,2018,by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and HICKEY ROOFING, INC., 1427 BROAD STREET, OSHKOSH, WI 54901,hereinafter referred to as the CONTRACTOR, W ITNESSETH: 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 may be otherwise specifically stated. ARTICLE 11. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Dan Hickey, Hickey Roofing) 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. City Hall,215 Church Avenue P.Q.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci,oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Chad Dallman,Parks Department) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the Contractor's Proposal dated June 6, 2018, 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. 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 VT. TIME OF COMPLETION The work to be performed under this contract shall be completed as soon as possible. ARTICLE VIL PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$4,375.00 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. 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 ad- judged 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. In the Presence of: CONTRACTOR/CONSU B y: e,,/7 WC (Seal of Contractor (Specify Title) if a.Corporation.) By: (Specify Title) CITY OF OSHKOSH By: -— Mark A. ohl.off, City Manager ( itn ss) _. t w And; " ( itness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to *"ity pay the liability which will accrue under this contract. ttorney. City Comptroller P .. PROPOSAL SUBMITTED TO PHONE DATE City of Oshkosh 232-5313 6/6/18 Chad Dallman STREET JOB NAME E-mail Address ° CDallman@ci.oshkosh,wi.us CITY, STATE and ZIP CODE JOB LOCATION Menominee Park Shelters __...-.-.. _ _. We propose here by to furnish materials and labor complete in accordance with the specifications below,for the sum of: See Below. ($»00) Payment to be made as follows:Payment in full 15 days after completion.2%Bi-weekly late charges will be applied after 30 days on unpaid balance. All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices,Any alteration or deviation from specifications below involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control,Owner to carry fire,tomado and other necessary insurance.Our workers are fully covered by Workman's Compensation Insurance, Authorized Signature T.]GA H' b e,� Note:This proposal maybe withdrawn by us if not accepted within 15 da s. Price sub`ect to increase u on su liar's increase of materials» We hereby submit specifications and estimates for: Re-roof two shelters near Irving and Bowen St.(/sf) Tear off the existing asphalt shingle roof(1),metal edging,pull out all roofing nails and remove all exterior debris from site, Install a synthetic underlayment, Install new gutter apron and D-style metal edging leaving a half inch gap on the rake edges. Install the supplied shingles. Roofing permit included. PLEASE NOTE: Rotten Decking will be replaced on a per sheet basis of$150/Sheet and we will use s/a"COX Plywood to match existing, North-West shelter(891sf)$2,250.00 initial for acceptance, South-East shelter(811sf)$2,125.00 Initial for acceptance. Acceptance of Proposal The above prices,specifications and conditions are satisfactory and are hereby accepted.You are authorized to do the work as specified. Payment will be made as outlined above. Signature; Date of Acceptance: ti <"?Gll dArr>('3-lYC7f;.lr=3 F iia..CE20) `.' �..-q 3 c7 Nilchc yrcrc',7f'r hii",I Oshkosh. is UprTY