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Home My WebLink AboutWater Filtration Plant roof top - Gartman Mechanical 2024DocuSign Envelope ID: 6174D21C-72C2-4BBA-820A-64C86DF7C359 "i 3 CITY Of copy Oshkosh CONTRACTOR AGREEMENT: ROOF TOP UNIT REPLACEMENT- WATER FILTRATION PLANT MCC ROOM CITY OF OSHKOSH THIS AGREEMENT, made on the 26TH day of APRIL, 2024, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and GARTMAN MECHANICAL SERVICES, INC., 520 W. SOUTH PARK AVENUE, OSHKOSH, WI 54901 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 IL PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (JASON GAFFNEY, Project Manager) 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 1 130 Oshkosh, WI 54903-1 130 http://www.ci.oshkosh.wi.us DocuSign Envelope ID: 6174D21C-72C2-4BBA-820A-64C86DF7C359 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 COPY 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 "ROOF TOP UNIT REPLACEMENT: WATER FILTRATION PLANT" dated March 15, 2024, 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 complete project by July 1, 2024. 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 $23,930.00, 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: 6174D21C-72C2-4BBA-820A-64C86DF7C359 ARTICLE VHL STANDARD PROVISIONS . C . The CONSULTANT agrees in all hiring or employment made possible by or Atf", 7rorAt s agreement, there will not be any discrimination against any employee or applicant t 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: 6174D21C-72C2-4BBA-820A-64C86DF7C359 APPROVED: EDocuSigned by, City Attorney GARTMAN MECHANICAL SERVICES INC. DocuSigned by: By: Pam, COPY Paul Libardi, Project Manager 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. DocuSigned by: ' 1 (' City Comptroller DocuSign Envelope ID: 6174D21C-72C2-4BBA-82OA-64C86DF7C359 CITY OF OSHKOSH INVITATION FOR BID; ROOF TOP UNIT REPLACEMENT WATER FILTRATION PLANT BID PROPOSAL FORM Page 1 of 2 COPY From, Gartman Mechanical Services Inc. (bidder's company name) BID SUBMITTAL DEADLINE: BY 1.0:00 A.M., THURSDAY, APRIL 11, 2024 Date: 4-11-2024 Addenda: Receipt of Addenda numbered NA of 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/OR specification for the Work and the Site of the proposed wort-, and having determined all of theconditions 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: $ 23, 930.00 Twenty Three Thousand, Nine Hundred and Thirty Dollars and Zero Cents (Base Bid Price — in Words) SIGNATURES Date; 4-11-2024 Name of Company: Gartman Mechanical Services Inc. Submittedby: (name/title) Paul L,ibardi DES/Estimatormad; plibardi@gartmanmechanical.com 520 W. South Park Ave. Address of Company: 20 920-231-5530 DocuSign Envelope ID: 6174D21C-72C2-4BBA-820A-64C86DF7C359 CITY OF OSHKOSH INVITATION FOR BID: ROOF TOP UNIT REPLACEMENT COPY WATER FILTRATION PLANT BID PROPOSAL FORM Page 2 of 2 Company Representativethat will be named Project Manager for this project, if awarded the bid: Jason Gaffney Signature Company epresenta Paul Libardi Name: Title Project Manager authorized to sign contracts electronically via DocuSign: Email: plibardi@gartmanmechanical.com 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 and correct. Signature loazd Title DES/Estimator Warranty Details: 1 yr• Warranty, 5 yr. on Compressor Parts 21