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Home My WebLink AboutFreedom Excavating-Station 15 trench (2023)DocuSign Envelope ID: 7EF3EE73-3lC9-498B-B4C3-94AEAC24DBFA fi VIM Cite of Oshkosh CONTRACTOR AGREEMENT: OFD STATION 15 TRENCH DRAIN REPLACEMENT CITY OF OSHKOSH �I THIS AGREEMENT, made on the 301h day of NOVEMBER, 2023, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FREEDOM EXCAVATING LLC, W2618 KRAMER ROAD, SEYMOUR, WI 54165, 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 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 H. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Matt Thompson) 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 54903-1 130 http://www.ci.oshkosh.wi.us DocuSign Envelope ID: 7EF3EE73-3lC9-498B-B4C3-94AEAC24DBFA 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: (Mike Blank, Facilities Project Coordinator) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project titled "OSHKOSH FIRE DEPARTMENT STATION 15 TRENCH DRAIN REPLACEMENT" dated October 12, 2023, 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 Contractor shall perform services in the timelines as identified in the Invitation for Bids. Any changes to completion dates must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor $84,240.00, 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 covered under the subject amendment. DocuSign Envelope ID: 7EF3EE73-31C9-498B-B4C3-94AEAC24DBFA ARTICLE VIII. STANDARD PROVISIONS VV The CONSULTANT agrees in all hiring or employment made possible by or r >CQFmhi agreement, there will not be any discrimination against any employee or applic 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 as Exhibit B. 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. Signatures. By placing their signatures below, each individual affirms that the entity they represent is authorized to enter into this Agreement, and further affirm that they are authorized by the entity they are representing to bind their respective parties to the terms and conditions of this Agreement. DocuSign Envelope ID: 7EF3EE73-3lC9-498B-B4C3-94AEAC24DBFA APPROVED: DocuSigned by: City Attorney FREEDOM EXCAVATING LLC DocuSigned by: By: TUMpSN, COPY .. Matt Thompson, Owner CITY OF OSHKOSH DocuSigned by: By: Mark A. Rohloff, City Manager DocuSigned by: ++ And: Diane Bartlett, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. EDocuSigned by: �, 9CEFo3��-� 24F89A4BE... City Comptroller DocuSign Envelope ID: 7EF3EE73-3tC9-498B-B4C3-94AEAC24DBFA OFD — Station 15 — Trench Drain Replacement SECTION 004113 — BID FORM — STIPULATED SUM (SINGLE — CON'1RA.CT) To: Oshkosh City Manager c/o City Clerk's Office, City Hall 215 Church Avenue P.O. Box 1130 Oshkosh WI 54903-1130 Project: OFD — Station 15 — Trench Drain Replacement Date: DGT �tS��d �3 %�'�9 M PS6 1) r�CJd M PFXCC'Va-r; n,[ L L G Submitted by: Q f (full name & address) 1. OFFER Having examined the Place of The Work and all matters referred to in the General Information, Instructions to Bidders and the Contract Documents prepared by T.R. Karrels & Associates, S.C, for the above mentioned project, we, the undersigned, hereby offer to enter. into a Contract to perform the Work for the Sum of $ e q I ('�'0. 00 dollars, in lawfiA money of the United States of America. e"0,ry fotir K,,Ared forty dolt�r,S We have included the security deposit as required by the Instructions to Bidders. All applicable federal and local taxes are included in the Bid Sum. Submitted bid is in accordance with all plans and specifications. 2. ACCEPTANCE This offer shall be binding for thirty-five calendar days following the bid opening date, unless we, the Bidder, upon the request of the purchasing agent, agree to an extension. _..If this bid is accepted by tho Owner within the-timo ahnsn, wA ill: Y ■ Furnish the required bonds within seven days of receipt of acceptance of this bid. ■ Commence work within seven days after written acceptance of this bid. If this bid is accepted within the time stated, and we fail to commence the Work or we fail to provide the required bonds, the security deposit shall be forfeited as damages to the Owner by reason of our failure, limited in amount to the lesser of the face value of the security deposit or the difference between this bid and the bid upon which a Con- tract is signed. In the event our bid is not accepted within the time stated above, the required security deposit will be returned to the undersigned, in accordance with the provisions of the Instructions to Bidders; unless a mutually satisfactory ar- rangement is made for its retention and validity for an extended period of time. BID FORM — STIPULATED SUM (SINGLE — CONTRACT) 004113 - 1 DocuSign Envelope ID: 7EF3EE73-3tC9-498B-B4C3-94AEAC24DBFA OFD — Station 15 — Trench Drain Replacement 3, CONTRACT TIME If this Bid is accepted, we will: ■ Commence the Work by (date) 1 p, r. ~ ■ Complete the Work by (date) 1 — ,s .. Q 4, CHANGES TO THE WORK COPY. When the Designer establishes that the method of valuation for Changes in the Work will be net cost plus a percent- age fee in accordance with General Conditions, our percentage fee shall be: D percent overhead and profit on the net cost of our own Work; percent on the gross cost of work done by any Subcontractor, On work deleted from the Contract, our credit to the Owner shall be the Designer approved net cost plus V_ of the overhead and profit percentage noted above, 5. ADDENDA The following Addenda have been received. The modifications to the Bid Documents noted below have been con- sidered and all costs are included in the Bid Sum. Addendum # Dated Addendum# Dated Addendum # Dated Addendum # Dated 6. CONTACT INFORMATION Please provide the following contact information forproject management and the authorized person for contract execution: ■ Project Manager assigned to project: (name) c� (email) 'i Ce e c: 01'o �3,1� C gy q #'; n 9 v� tl .�9 (yi a,1 i, C 0 M • Individual authorized to execute contracts via DocuSign: (name) 0-4-� (email) f f ee � a (tit cai?< nn-y o -t n .9 BID FORM — STIPULATED SUM (SINGLE — CONTRACT) 004113 - 2 DocuSign Envelope ID: 7EF3EE73-31C9-498B-B4C3-94AEAC24DBFA OFD - Station 15 -- Trench Drain Replacement 7. BID FORM SIGNATURES The Corporate Seal of fl-ee�OM C9Vc�f �n9 hL�- (Bidder - print the full name of your firm) Was hereunto affixed in the presence of. �%�� -ate... d �✓ n � (� (Authorized signing officer) Title) (Seal) CO-PY (Authorized signing officer) Title) (Seal) If the bid is a joint venture or partnership, add additional forms of execution for each member of the joint venture in the appropriated form orforms as above. END OF SECTION 004113 �f"�4VRvPli A/W# camp BID