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Home My WebLink AboutCONTRACTOR AGREEMENT Express Elevator OPL OPM Elev Modernizations 2025 City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us CONTRACTOR AGREEMENT ELEVATOR MODERNIZATIONS: OSHKOSH PUBLIC LIBRARY AND OSHKOSH PUBLIC MUSEUM THIS AGREEMENT, made on the 13th day of AUGUST, 2025, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and ELEVATOR SERVICE HOLDINGS DBA EXPRESS ELEVATOR, LLC, 1701 PEARL STREET, UNIT 8, WAUKESHA, WI 53186, 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 dated June 10, 2025 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 II. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Ryan Dunkleberger, EXPRESS ELEVATOR, LLC) 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 Docusign Envelope ID: CAA358F5-F2C3-4948-A365-CE59A30A6F71 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: (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 “ELEVATOR MODERNIZATIONS: OSHKOSH PUBLIC LIBRARY AND OSHKOSH PUBLIC MUSEUM” dated May 16, 2025, 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 12, 2026. 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 $533,280.00 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 Docusign Envelope ID: CAA358F5-F2C3-4948-A365-CE59A30A6F71 amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. STANDARD PROVISIONS The CONSULTANT 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 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. ARTICLE XII. FORCE MAJEURE Express Elevator LLC shall not be responsible for delays or faults where occasioned by any causes of any kind and extent beyond its control, including but not limited to: delays caused by the government, owner, general contractor or contractors responsible for associated project work (unless subcontracted by Express Elevator LLC), architect and/or engineers, armed conflict or economic dislocation resulting therefrom, embargoes, new or increased taxes/tariffs, strikes or lockouts, shortages of raw materials or supply chain disruptions, production facilities or transportation; civil disorders of any kind; actin of civil or military authorities; vendor priorities and allocations, fires, floods and acts of God. Should delays be Docusign Envelope ID: CAA358F5-F2C3-4948-A365-CE59A30A6F71 encountered resulting from any of the above unforeseen occurrences, Express Elevator LLC shall be entitled to reasonable schedule relief and shall not be liable for liquidated damages. 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. ELEVATOR SERVICE HOLDINGS DBA EXPRESS ELEVATOR, LLC By: _____________________________ Hans Spielmann, President CITY OF OSHKOSH By: _____________________________ _____________________________ City Manager (Witness) _____________________________ And: _____________________________ (Witness) City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. __________________________ City Attorney _______________________________ City Comptroller Docusign Envelope ID: CAA358F5-F2C3-4948-A365-CE59A30A6F71