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HomeMy WebLinkAboutFred Kolkman Tennis/Sports Surfaces 2012 / `` AGREEMENT THIS AGREEMENT, made on the _30_ day of January 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FRED KOLKMAN TENNIS & SPORTS SURFACES LLC, 1921 Mayfair Road, Grafton, WI 53024, hereinafter referred to as the CONSULTANT, WITNESSETH: That the City and the Contractor/Consultant, for the consideration hereinafter named, enter into the following agreement. The Contractor/Consultant'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. PROJECT MANAGER A. Assignment of Project Manager. The Consultant shall assign the following individual to manage the project described in this contract: Fred Kolkman, 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 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: Chad Datlman, Parks Operations Manager ARTICLE III. SCOPE OF WORK The Consultant shall provide the services described in the City's Request for Proposals and Proposal of the Consultant. If anything in the Proposal conflicts with the Request for Proposals, the provisions in the Request for Proposals shall govern. The Consultant may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by the Consultant as instruments of service shall remain the property of the City. 1 ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Consultant's request, such information as is needed by the Consultant to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the 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 Consultant's proposal. The Consultant shall perform the services under this agreement with reasonable diligence and expediency consistent with sound professional practices. The City agrees that the Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond the Consultant's control. For the purposes of this agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters, failure of performance by the City, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the Consultant to perform its services in an orderly and efficient manner, the Consultant shall be entitled to an equitable adjustment in schedule. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Consultant for the performance of the contract the total sum of $5,750.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The Consultant shall submit itemized monthly statements for services. The City shall pay the 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 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 both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VII. CONSULTANT TO HOLD CITY HARMLESS The Consultant 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 2 Consultant, 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 VIII. INSURANCE The Consultant agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE IX. TERMINATION A. For Cause. If the 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 Consultant. In this event, the 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 Consultant no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the 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. 3 In the Presence of: FRED KOLKMAN TENNIS & SPORTS SURFACES LLC a-� By: -- Y (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH / � / �� `, _ <A___ . Rohloff, City Manager (VVitne s) ) � 1 k L I.j �� And: _ _' 1 it/ (Wi ! .) Pamela R. Ubrig, City CI-`k APP •VED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. a ��1 ) ity Attorney ity Comptroller 4 Fred Kolkmann Tennis&Sport Surfaces, LLC 1921 Mayfair Road AMERICAN Grafton,WI 53024 / SPORTS BUILDERS MEMBER /ASSOCIATION Ph. 262.685.7507 courtbuilder @ameritech.net www.kolkm an ncou rtbu ilder.com January 10, 2012 Mr. Chad Dallman Park Operations Manager City of Oshkosh 805 Witzel Avenue Oshkosh,WI 54903 Dear Mr. Dallman, In accordance with our e-mails on January 10th I am pleased to submit the following proposal to create plans, specifications, and provide inspection services for the reconstruction of the tennis court at Stevens Park. PROJECT DESCRIPTION This project involves pulverizing the existing asphalt, removal of net posts, paving of the new court, landscape restoration, color coating, setting of new net posts and fences. SCOPE OF SERVICES We will provide all plans and specifications as necessary for contractors to provide a bid on the project. Our specifications will include detailed descriptions of all necessary materials and processes required. Once a bid has been accepted by the park district, we will provide inspection services during the construction process, and final close out of the project. Our price includes pre-bid and pre-con meetings. SCHEDULE Schedule of work to be determined. INSURANCE We will maintain insurance for a$1,000,000 professional liability policy. FEES For the plans and specifications, we propose to perform the work described herein for a fee of Two Thousand Seven hundred Fifty dollars and 00/100 ($2,750.00) in accordance with our Standard Terms and Conditions. Fees do not cover any soil borings or survey work that the City of Oshkosh may deem necessary. For the Inspection services we propose to perform the work described herein for a fee of Three thousand dollars and 00/100 ($3,000.00) in accordance with our Standard Terms and Conditions. If the services covered by this agreement have not been completed within 12 months of the date of beginning work through no fault of ours, the amounts of compensation, rates and multiples set herein shall be adjusted. Our terms and conditions apply to this contract and are attached. This proposal is good for 90 days. This contract shall be governed by the laws of the State of Wisconsin. An agreement with Fred Kolkmann Tennis&Sport Surfaces, LLC, may be initiated by completion of the acceptance block and return one copy of the proposal to our office. Sincerely, We accept the term t ' Proposal Fred Kolkmann Tennis&Sport Surfaces, LLC. Signature %-,- Name(Print) C/MD DAL�rr\Ayt/ Title(,,,r t «pro..4 k:,h Irn„,T,Date 4)/ Fred Kolkmann, CTCB President TENNIS Coin FRED KOLKMANN TENNIS &SPORT SURFACES, LLC. Terms and Conditions 1. Invoicing and payments: Invoices shall be rendered monthly on all projects. Payment is due within 30 days of invoice unless other terms are specified in the body of the contract. If payments are not received in a timely manner per the payment schedule, Fred Kolkmann Tennis & Sport Surfaces, LLC, reserves the right to file a Mechanics' Lien against the property. Any invoice unpaid after 60 days from the invoice date, may cause Fred Kolkmann Tennis & Sport Surfaces, LLC to withdraw permanently from any and all future activity on the project, and all other projects. 2. Interest and Unpaid Balance Due: If any amount is not paid by Client when due, the unpaid balance shall accrue interest at annual effective rate of 18%. 3. Attorney Fees and Collection Costs: In the event it becomes necessary for Fred Kolkmann Tennis & Sport Surfaces, LLC, to refer unpaid balances to an attorney or collection agency, then in addition to the amount owed Fred Kolkmann Tennis & Sport Surfaces, LLC will be entitled to recover all reasonable cost of collection and fees incurred. 4. Document Ownership: All original calculations, sketches and construction document drawings shall remain the property of Fred Kolkmann Tennis &Sport Surfaces, LLC.