HomeMy WebLinkAboutRoe Nurseries AGREEMENT
THIS AGREEMENT, made on the 1st day of April, 2011, by and between the CITY
OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Roe Nurseries
Inc, 72 Waukau Ave, Oshkosh, WI 54901(Contractor /Consultant & address) and the
Oshkosh Area Community Foundation, Inc.
WITNESSETH:
That the City, the Oshkosh Area Community Foundation and the
Contractor /Consultant, for the consideration hereinafter named, agree as follows:
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor /Consultant shall assign the
following individual to manage the project described in this contract:
Gary Heinzl — Roe Nurseries, Inc
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 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 II. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this
contract:
Bill Sturm- Forestry for the City of Oshkosh
ARTICLE III. SCOPE OF WORK
The Contractor /Consultant shall provide the services described in the City's Request
for Proposals and Proposal of the Contractor /Consultant. If anything in the Proposal
conflicts with the Request for Proposals, the provisions in the Request for Proposals shall
govern. ( See attached)
ARTICLE IV. CITY RESPONSIBLITIES
The City shall furnish, at the Contractor /Consultant's request, such information as is
needed by the Contractor /Consultant to aid in the progress of the project, providing it is
reasonably obtainable from City records.
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To prevent any unreasonable delay in the Contractor's /Consultant'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 V. TIME OF COMPLETION
The work to be performed under this contract shall be commenced and the work
completed within the time limits specified in the General Conditions / Contractor's proposal.
April and May, 2010
ARTICLE III. PAYMENT
A. The Contract Sum.
The Oshkosh Area Community Foundation shall pay to the Contractor for the performance
of the contract the sum of $10,600.00 adjusted by any changes as provided in the General
Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Contractor /Consultant shall submit itemized monthly
statements for services. The Foundation shall pay the Contractor /Consultant 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 /Consultant a
statement as to the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set forth
in a written amendment to this agreement executed by all parties prior to proceeding with
the work covered under the subject amendment.
ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh and
the Oshkosh Area Community Foundation 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 V. INSURANCE
The Contractor /Consultant agrees to abide by the attached City of Oshkosh Insurance
Requirements.
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ARTICLE VI. TERMINATION
A. For Cause.
If the Contractor /Consultant 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 /Consultant. In this event, the Contractor /Consultant
shall be entitled to compensation for any satisfactory, usable work completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the
Contractor /Consultant no later than 10 calendar days before the termination date. If the
City terminates under this paragraph, then the Contractor /Consultant 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.
CONTRACTOR /CONSULTANT
By:
Gary Heir Roe Nurser' , Inc
( 2 C
Eileen Co oily- Keesler
Oshkosh Area Community Foundation
CITY OF OSHKOSH
By:
Mar . Rohloff, City Manager
(Witn ss)
"td„
Pamela R. Ubrig, Citi§ Clerk
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APPROVED: I hereby certify that the necess-
J 0 ary provisions have been made to
pay the liability which will accrue
_ ii _ i�rrl 1 nder this contract.
' 41111. ' it I Attorney MP
P Cit ` � Y C� om roller
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