HomeMy WebLinkAboutDirty Ducts Cleaning 2013 CONTRACTOR AGREEMENT
THIS AGREEMENT, made on the ILI th day ofJ,4.0L�by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and DIRTY DUCTS
CLEANING, ENVIRONMENTAL & INSULATION, 3025 Perry Street, Madison, WI 53713
hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor, for the consideration hereinafter named, enter into the
following Agreement. The CITY'S Bid Specifications and Insurance requirements are attached
hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto
and reflects the agreement of the parties except where it conflicts with the CITY'S terms within
this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other
terms of this agreement shall prevail.
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
RLØd/\ SailfeeLtAJ 053- S76 - 1532_
Project Manager's Name, Phone Number
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:
Paul Timm, AECOM Consultants, PH: 920.236.6718
Darlene Brandt, City of Oshkosh, Administrative Assistant/Grants Manager;
PH: 920.236.5055
ARTICLE III. SCOPE OF WORK
The Contractor shall provide services described in the CITY'S Bid Specifications dated
November 26, 2012, on file in the City of Oshkosh Community Development Office, Oshkosh
City Hall, Room 201, and the Contractor's "Project Bid Proposal Form" dated November 29,
2012, attached hereto as Exhibit A. Both the Bid Specifications and Exhibit A are incorporated
into this Agreement. If anything in the Contractor's proposal conflicts with the CITY'S Bid
Specifications or with this agreement, the CITY'S Bid Specifications and the provisions in this
agreement shall govern.
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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 IV. 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 V. TIME OF COMPLETION
The work to be performed under this contract shall be commenced and the work
completed within 30 days of the order to proceed per property.
ARTICLE VI. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of$25,348.00,
adjusted by 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 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.
C. Additional Costs. Costs for additional services to 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. 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 VIII. INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh
as an additional insured. The specific coverage required for this project is identified in the
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CITY'S Bid Specifications dated November 26, 2012, on file at the City of Oshkosh Community
Development Office, and fully incorporated into this Agreement. The Contractor is responsible
for meeting all insurance requirements. The CITY does not waive this requirement due to its
inaction or delayed action in the event that the Contractor's actual insurance coverage varies
from the Insurance required.
ARTICLE IX. TERMINATION
A. 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.
B. 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.
In the Presence of: DIRTY DUCTS CLEANING, ENVIRONMENTAL
& INSULATION
i /
Gib l NO Jo) By:
fte Sfd.Q.a
(Seal of Contractor (Specify Title
if a Corporation.)
4./By: ! h�..
(Speci j itle)
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CITY OF OSHKOSH
� -�'� Ma...,f.._-
k A. Rohloff, City Manager
(Witn-Ss)/ _ -
,?- '-'44�_= And /I _i_ �j �L. J(Witness) Pamela R. Ubrig, Cit lerk
REDEVELOPMENT AUTHORITY
OF THE CITY OF OSH SH
By: i /i�. -wow -�
H. Alle -vis II , xe - ve Director
And:
Thomas BF'Chairman
I hereby certify that the necessary provisions have been made to
pay liability whi ill accrue under this contract.
City Com otter
App .ved as to form:
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—, � wp! ,
Air t C. y A •rney \-._
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