HomeMy WebLinkAboutContractor Agreement CMM & Associates ,0ocuSign Envelope ID:FEOF93B4-F056-49BC-B553-2FDAC41AEC3F
13 g 8'CQ
CiTof COPY
of
Oshkosh
CONTRACTOR AGREEMENT:
OSHKOSH SENIORS CENTER SOUTH ROOF REPLACEMENT
CITY OF OSHKOSH
THIS AGREEMENT,made on the 12th day of MAY,2021,by and between the CITY OF OSHKOSH,party
of the first part, hereinafter referred to as CITY, and CMM & ASSOCIATES, 415 N. 3RD STREET,
ROCKFORD,IL,61107,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:
A. This Instrument
B. Proposal Solicitation
C. Contractor's Bid Proposal Form dated April 21,2021 and attached.
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 shallgovern over anyother component part which follows it numerically except as may be
P
otherwise specifically stated.
ARTICLE II. PROTECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to manage
the project described in this contract:
(Christopher Manuel,President)
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
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh_wi.us
DocuSign Envelope ID:FEOF93B4-F056-49BC-B553-2FDAC41AEC3F
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. COPY
ARTICLE III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(Jon Urben, General Services Manager)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project
titled "SENIOR CENTER SOUTH ROOF REPLACEMENT" dated March 12, 2021, and the contractor's
bid form and materials attached. 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 SEPTEMBER 29,2021
Any changes to this completion date must be agreed upon by both parties in writing.
ARTICLE VII. PAYMENT
A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract
the sum of$67,582.00 adjusted by any changes hereafter mutually agreed upon in writing by
the parties hereto.
B. Fee schedules shall be firm for the duration of this Agreement.
i. 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.
ii. 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
DocuSign Envelope ID:FEOF93B4-F056-49BC-B553-2FDAC41AEC3F
covered under the subject amendment.
ARTICLE VIII. STANDARD PROVISIONS COPY
The CONSULTANT agrees in all hiring or employment made possible by or frcnn th,s
agreement, there will not be any discrimination against any employee or applicant for employment
because of race, color,religion, sex, sexual orientation, gender identity, or national origin.
ARTICLE IX. 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 X. 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.
ARTICLE XI. TERMINATION
C. 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.
D. 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.
DocuSign Envelope ID:FEOF9384-F056-49BC-B553-2FDAC41AEC3F
• In the Presence of: CONTRACTOR/CONSULTANT
c-DocuSigned by.
(1Axistoptux Ilitzuma COPY
By: '-RdAgr7RCRIlnF43F
Christopher Manuel,President
CMM&Associates
(Seal of Contractor if a Corporation)
By:
(Specify Title)
CITY OF OSHKOSH
c—DocuSigned by:
By: • 3JX87FA89811191...
Mark A. Rohloff,City Manager
(Witness)
p—DocuSigned by:
And: • 53AC2E611D21493
(Witness) Pamela R.Ubrig,City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
—Da��Signedby will accrue under this contract.
DocuSigned by:
---49F6A3370F81498
City Attorney • 9CFF0394FR9A4RF
City Comptroller
-DocuSign Envelope ID:FEOF93B4-F056-49BC-B553-2FDAC41AEC3F
ST IRK—SEG
DOCUMENT 00 41 00 COPY
BID FORM
THE PROJECT AND THE PARTIES
1.01 TO:
A. City of Oshkosh
B. City Manager do City Clerk's Office—Room 108
C. 215 Church Avenue
D. Oshkosh,Wisconsin 54903
1.02 FOR:
A. Senior Center South-Roof Replacement
B. SEG Project No. 15027
1.03 DATE: 1,1/ 1.1 (BIDDER TO ENTER DATE)
1.04 SUBMITTED BY: (BIDDER TO ENTER NAME AND ADDRESS)
A. Bidder's Full Name: Min + Ai5ociateS
1. Address: ylr N• 2/4 5t4
2. City, State, Zip: Rock crd , /L Coiro7
3. Phone: sic- J( e- 17-400
4. E-mail Address: !krc5 e cWlructuclassocieLfe1,cows
1.05 OFFERS
A. Bidder shall take note of Section 01 21 00-"Allowances"for inclusions in the following Bid amounts.
B. BASE BID: Having examined the Place of Work and matters referred to in the Instructions to Bidders
and the Contract Documents prepared by STR-SEG for the above-mentioned Project, we,the
undersigned, hereby offer to enter into a Contract to perform Work for the Sum of:
C. 5,x4y 6Q.ve» WiDu.SarrG 4 Aandred et/5k bu00
dollars
($ (o7,5 i ), in lawful money of the United States of America.
D. We have included the required security deposit as required in Document 00 21 00—"Instructions to
Bidders".
E. All applicable federal taxes are included, and State of Wisconsin taxes are excluded in the Bid Sum.
1.06 ACCEPTANCE
A. This offer shall be open to acceptance and are irrevocable for 35-days from Bid closing date.
B. If this Bid is accepted by Owner within the time period stated above,we will:
1. Execute the Agreement within 7-days of receipt acceptance of this Bid.
1.07 CONTRACT TIME
A. If this Bid is accepted,we will substantially complete Work no later than September 29, 2021.
15027 Senior Center South-Roof Replacement
BID FORM 0041 00-1
_DocuSign Envelope ID: FEOF93B4-F056-49BC-B553-2FDAC41AEC3F
S-or
1.08 UNIT PRICES
A. The following are Unit Prices for specific portions of Work as listed. The following is the li COPY
Prices:
B. ITEM DESCRIPTION •UNIT QUANTITY ITEM VALUE
1. Replacement of wood siding per board foot $_ 9
1.09 CHANGES TO THE WORK
A. When Owner and Consultant establish that the method of valuation for Changes in Work will be net cost
plus a percentage fee in accordance with General Conditions, our percentage fee will be:
1. percent overhead and profit on the net cost of our own Work;
2. Zs-- percent on the cost of work done by any Subcontractor.
1.10 ADDENDA
A. The following Addenda have been received. The modifications to the Bid Documents noted below have
been considered and all costs are included in the Bid Sum.
1. Addendum# N/k Dated
2. Addendum# N/A Dated
1.11 BID FORM SUPPLEMENTS
A. The following Supplements are attached to this Bid Form and are considered an integral part of this Bid
Form:
1. Document 00 43 36-"Proposed Subcontractors Form": Include the names of Subcontractors and
the portions of Work they will perform.
1.12 BID FORM SIGNATURE(S)
A. The Corporate Seal of:
B. AU 5er 't1 LAWN Car. d(b/a C (Ib{ + ASs ati 6- S
C. (Bidder-print the full name of your firm)
D. was hereunto affixed in the presence of:
5.teredary 4 0
F. (Authorized signing officer, Title) 11 (Seal)
G.
H. (Authorized signing officer, Title)
1.13 IF BID IS A JOINT VENTURE OR PARTNERSHIP,ADD ADDITIONAL FORMS OF EXECUTION FOR
EACH MEMBER OF THE JOINT VENTURE IN THE APPROPRIATE FORM OR FORMS AS ABOVE.
END OF DOCUMENT
15027 Senior Center South-Roof Replacement
00 41 00-2 BID FORM
,DocuSign Envelope ID:FEOF93B4-F056-49BC-B553-2FDAC41AEC3F •
STR—S EG
DOCUMENT 00 43 36 COPY
PROPOSED SUBCONTRACTORS FORM
PARTICULARS
1.01 Herewith is the List of Subcontractors referenced in bid submitted by:
1.02 (BIDDER) L'41M 4 1145eel t`}sS
1.03 TO: (OWNER)CITY OF OSHKOSH
• A. The following Work will be performed (or provided)by Subcontractors and coordinated by us:
LIST OF SUBCONTRACTORS
2.01 WORK SUBJECT Ro0F41.5
A. SUBCONTRACTOR NAME) Valdivia q.npciu-S
B. ADDRESS +07-7i VaWLWey thew pk- Roci oral /L 6/' 9
C. PHONE-FAX-EMAIL %Is 323 WB M
2.02 WORK SUBJECT
A. SUBCONTRACTOR NAME •
B. ADDRESS
C. PHONE-FAX-EMAIL
2.03 WORK SUBJECT
A. SUBCONTRACTOR NAME
B. ADDRESS A RESS
C. PHONE-FAX-EMAIL
2.04 WORK SUBJECT
A. SUBCONTRACTOR NAME
B. ADDRESS
•
C. PHONE-FAX-EMAIL
•
•
ACCEPTANCE OF SUBCONTRACTORS
3.01 If Owner has a reasonable and substantial objection to any Subcontractor on this list,and refuses,
in writing,to accept such person or organization,bidder may,at their option,withdraw their bid, or
submit an acceptable substitute,with any adjustment to their bid price occasioned by such
substitution,for Owner's consideration.
END OF DOCUMENT
15027 Senior Center South-Roof Replacement
PROPOSED SUBCONTRACTORS FORM 00 43 36- 1
%Tf
Western Surety
PAYMENT BOND
Bond Number: 65495595
KNOW ALL PERSONS BY THESE PRESENTS, That we All Seasons Lawn Care dba CMM &
Associates of
200 Prairie St. , Rockford, IL 61107 , hereinafter
referred to as the Principal, and Western Surety Company
as Surety, are held and firmly bound unto City of Oshkosh
of 215 C'hurrh Avenue, Oshkosh, WT 54901 , hereinafter
Sixty-Seven Thousand Five Hundred Eighty-Two and
referred to as the Obligee, in the sum of 00/io0
Dollars ($67,582.00 ),for the payment of which we bind ourselves, our legal representatives, successors
and assigns,jointly and severally,firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated day of
,for Senior Center South Roof Replacement
copy of which contract is by reference made a part hereof.
NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all
persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all
duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety
being waived, then this obligation to be void; otherwise to remain in full force and effect.
No suit or action shall be commenced hereunder
(a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it
being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law.
(b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of
the state in which the project, or any part thereof, is situated, or in the United States District Court for the
district in which the project, or any part thereof, is situated, and not elsewhere.
The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder.
SIGNED, SEALED AND DATED this 17th day of May , 2021
All Seasons Lawn Care dba CMM &
Associates
(Princi 1)
By (Seal)
Western Surety Company
(Surety)
By (Seal)
C. Bendt, Attomey-in-Fact
Assistant Secretary
W
Western Surety Company
PERFORMANCE BOND
Bond Number: 65495595
KNOW ALL PERSONS BY THESE PRESENTS, That we All Seasons Lawn Care dba CMM &
Associates of
200 Prairie St. , Rockford, IL 61107 , hereinafter
referred to as the Principal, and Western Surety Company
as Surety, are held and firmly bound unto city of Oshkosh
Of 215 church Avenue, Oshkosh, WT 54901 , hereinafter
Sixty-Seven Thousand Five Hundred Eighty-Two and
referred to as the Obligee, in the sum of 00/1o0
Dollars ($ 67,582.00 ),for the payment of which we bind ourselves, our legal representatives, successors
and assigns,jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated the day of
,for$eni nr renter South Roof Repl arement
NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless
the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and
void; otherwise it shall remain in full force and effect.
ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit
shall be applicable.
NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors, administrators or successors of the Obligee.
SIGNED, SEALED AND DATED this 17th day of May , 2021
All Seasons Lawn Care dba CMM &
Associates
(Principal)
By( .P (Seal)
Western Surety Company
(Surety)
By CC-14k (Seal)
C. Bendt, Attorney-in-Fact
Assistant Secretary
Form F4597
Western Surety
POWER OF ATTORNEY- CERTIFIED COPY
Bond No. 65495595
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents
make,constitute and appoint C. Bendt
its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred, to execute,acknowledge and deliver for and on
its behalf as Surety,bonds for:
Principal: All Seasons Lawn Care dba CMM & Associates
Obligee: City of Oshkosh
Amount: $1, 000,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President,sealed with the
corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western
Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary,any Assistant Secretary,or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
If Bond No. 654 95595 is not issued on or before midnight of June 24, 2021 ,all
authority conferred in this Power of Attorney shall expire and terminate.
gattaitterno,,
I P. ,acz rite9e4,Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and
its ti;re,.rftte• �hl'to.l3�e° xed this 17th day of May , 2021
'-Q`:;.
z to,'Q,Q'VO #4�`� '�M WES SURE Y COMPANY
Et tali i ME
S I� SOUTI�• ' Q�l A Paul T. ruflat,Vice President
�s a`° ss
COUl ...„.......
HA
a++tattsion%
On this 17th day of May ,in the year 2021 ,before me,a notary public,personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of sa• corporation.
cihhy".,....wb..e....ovv-+4444hc,+
s M. BENT s 1)2.
s NOTARY PUBLIC EAS s Notary Public-South Dakota
ys SOUTH DAKOTA a V s
+056.6,hyyy 000,c,hdihhhviy....4,+
My Commission Expires March 2, 2026
I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company
as set forth in the Power of Attorney is now in force.
In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 17th day of
May 2021
WES SURE Y COMPANY
iv
Paul T. ruflat,Vice President
To validate bond authenticity,go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage.
Form F5306-11-2020
SF KJE
CNA 1-800-331-6053
Fax1-605-335-0357
PO Box 5077 Sioux Falls SD 571 1 7-5077 www.cnasurety.com
May 17, 2021
ALL SEASONS LAWN CARE DBA CMM & ASSOCIATES
200 Prairie St.
Rockford, IL 61107
File# 65495595
ALL SEASONS LAWN CARE DBA CMM & ASSOCIATES
$67,582.00
Company Code: 0601
Written By: WESTERN SURETY COMPANY
SENIOR CENTER SOUTH ROOF REPLACEMENT
Enclosed is your bond. To continue your bond coverage and keep it in force, you must file this
document with the city of Oshkosh.
If you are no longer required to post this bond, please write the word "Cancel" directly on the
document, and return it to CNA Surety.
If you have any questions, please contact your local agent.
Enclosure
ODD
Western Surety Company
BID BOND
(Percentage)
Bond Number: 65465158
KNOW ALL PERSONS BY THESE PRESENTS, That we CMM & Associates Ltd dba All Seasons
Heating & Cooling of
200 Prairie St., Rockford, IL 61107 , hereinafter
referred to as the Principal, and Western Surety Company
as Surety, are held and firmly bound unto City of Oshkosh
of 215 Church Ave. , Oshkosh, WI 54901
hereinafter referred to as the Obligee, in the sum of Ten ( 10 %) percent of the greatest
amount bid, for the payment of which we bind ourselves, our legal representatives, successors and assigns,
jointly and severally, firmly by these presents.
WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for
Senior Center South Roof Replacement
NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be
specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or
contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the
damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this
obligation shall be void; otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED this 24th day of April 2021
CMM & Associates Ltd dba All Seasons
Heating & Cooling
(Principal)
By (Seal)
Western Surety Company
(Surety)
By (Seal)
Attorney-in-Fact
Form F5876