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HomeMy WebLinkAboutCustom Restoration Water Intrusion Remediationuow6ign tnvelope ID:GOObIL)8(;-DIAA-4L6B-96DA-U3FLAI-I blBA4 j° City Of Oshkosh. CONTRACTOR AGREEMENT: WATER INTRUSION REMEDIATION- WATER DISTRIBUTION BUILDING CITY OF OSHKOSH THIS AGREEMENT, made on the 12th day of January, 2023, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CUSTOM RESTORATION, INC., P.O. BOX 129, SUSSEX, WI 53089-0129, 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 December 16, 2022 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 H. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Scott Krmarich, 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 Uocubign Envelope IU: GUU51Ut3G-U1AA-4t6B-UbDA-C31-ZAI-1-81BA4 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 III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Ryan Lemke, Water Distribution) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project titled "WATER INTRUSION REMEDIATION- WATER DISTRIBUTION BUILDING" dated November 18, 2022, Addendum 1 of 1 for this project dated December 7, 2022 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 June 1, 2023. 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 $12,350.00 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 cocuSign Envelope ID: UUUb1DBU-U1AAA-6 3-9613A-U3F1AFl-81BA4 covered under the subject amendment. ARTICLE VIII. STANDARD PROVISIONS The CONTRACTOR agrees in all hiring or employment made possible by or resulting from this 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. UocuSign Envelope ID:UUUblD8(:-t)1AA-4E6B-9bL)A-(;3f-ZAt-t BlBA4 In the Presence of: CONTRACTOR DocuSigned by: Es Ce{{ By: 71nIlOFQF7FR3d Aq Scott Krznarich, President, Custom Restoration Inc. CITY OF OSHKOSH DocuSigned by; E By: 222 E6907D B E7489... Mark A. Rohloff, City Manager (Witness) ocuSgned by: EiI 00� .4 �a�Afw And: 28247AFOOA9148 D... (Witness) Jessi Balcom, City Clerk APPROVED: 4r by; 4& d�FRA'ta7llFRidQR City Attorney I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. DocuSigned by: 4 9CEF0324F89A4BE... City Comptroller Uocubign Envelope ID: COW D8U-DlAA-4E6B-UbL)A-C:311Ai-FB1BA4 CITY OF OSHKOSH INVITATION FOR BID: WATER INTRUSION REMEDIATION- WATER DISTRIBUTION BUILDING BID PROPOSAL FORM Page I of 2 From: G U S 7,o rr P' e S �vo+� 0 n /, G (bidder's company name) BID SUBMITTAL DEADLINE: BY 10:00 A.M., TUESDAY, DECEMBER 27, 2022 Date: /C? -) % -,-)-Oo c'Z Addenda: Receipt of Addenda numbered I of 1 are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write "N/A" above. In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work, the rules, regulations, laws, codes, ordinances, and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor, Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction. By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): TOTAL BASE BID: $ 0, 3 6-o °,jo 7-w P l v 7-� v /JGu . 7`h-� -e e- Nv ho rs- PoC ri r - t` . J °� 0 (Base Bid Price - in Words) SIGNATURES Date: la -4 a 1 Name of Company: C V S kb P-If J 17� /1 �-� ()11 1 / h C S' ° 7}- k r 2via tiW ak C t d #e � ln-»fonry ` Submitted by: (name/title) / -"f / d e,,,-r Email: -ePu r - "ro Address of Company: P Q 1?,O X /.29 Phone: 2 & 2 - g 20 -3 0 -?p 01 UocuSign Envelope ID:COU51Ut3U-U1AA-4C-6B-!36DA-C:31-2AI-1-81BA4 CITY OF OSHKOSH INVITATION FOR BID: WATER INTRUSION REMEDIATION- WATER DISTRIBUTION BUILDING BID PROPOSAL FORM Page 2 of 2 Company Representative that will be named Project Manager for this project, if awarded thebid; i'ZhGt� �i- ✓ort J��J'-2� Signature Title /�� �✓'/ o%-en7� Company Representative authorized to sign contracts electronically via DocuSign: Name: S (6 1� /� rzhGt-r—(' Gk--Email: S" #9) /m�.l'Dnr arc r, c-00`1 That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal, that I have full authority to make such statements and submit this Proposal in (its) (their) behalf, and that said statements are true an orrect. Signature \ Title P1 Warranty Details: L Dhe/ V-t,--r :1 DOCUSIgn Envelope ID: CUU51 USG-D1AA-4E6B-961JA-G31-ZAi-t-81t3A4 ADDENDUM NO. 1 TO THE BIDDING DOCUMENTS FOR WATER INTRUSION REMEDIATION- WATER DISTRIBUTION BUILDING FOR THE CITY OF OSHKOSH OSHKOSH, WI DATE: December 7, 2022 BIDS CLOSE: December 27, 2022, at 10:00 a.m., Local Time TO ALL BIDDERS BIDDING ON THE ABOVE PROJECT: All Bidders submitting a Bid on the above Contract shall carefully read this Addendum and give it consideration in the preparation of their Bid. The following are general revisions to the proiect: 1. Caulk and seal the edge of the vertical flashing where the office wall intersects the garage wall (2 locations). Approximate length of flashing at each location = 10'-0". 2. Provide new fasteners for roof edge flashing as required where existing fasteners are loose or missing. Locate fasteners in new or existing holes as needed for a secure attachment. Caulk and seal to provide a weather tight installation. 3. The project shall be bid based on the products listed in the bidding documents. After the project has been awarded, the Contractor may submit for review substitute products of equal or greater value to those listed in the bidding documents. The Contractor shall submit all necessary information to allow the Engineer to determine if the product is an acceptable substitute. The Engineer, in combination with comments and direction from the Owner, will be the sole judge of acceptability. Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same revision to any and all related areas of the Contract Documents not specifically called out in this Addendum. DONOHUE & ASSOCIATES, INC. SHEBOYGAN, WISCONSIN Mike Gerbitz, P.E. Shawn Reimes, P.E., S.E.