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Home My WebLink AboutAugust Winters CONTRACTOR AGREEMENT- OCC KITCHEN UNIT HEATER ADDITION THIS AGREEMENT, made on the 10th day of May, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and AUGUST WINTERS & SONS, 2323 N. ROEMER ROAD, APPLETON, WI 54911,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: (Mark Hill, Project Manager, August Winters & Sons) 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: (Jon Urben, General Services Manager) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Specifications dated April 17, 2013, referred to as the "Invitation for Quotation For Kitchen Unit Heater Addition- Oshkosh Convention Center" and including Addendum #1 dated May 1. 2013, and the Contractor's quotation proposal form dated May 9, 2013. C t t 'i. [)id forme i 4 attached hereto as Exhibit A. If anything in the Contractorls:proposal ctfnflicts vl'rith,the,• MAY 2 3 ,?7,13 �� CITY'S Bid Specifications or with this agreement, the CITY'S Bid Specifications and the provisions in this agreement 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 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 by June 28, 2013. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $21,440, 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 2 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 CITY'S Specifications dated April 17, 2013, referred to as the"Invitation for Quotation For Kitchen Unit Heater Addition- Oshkosh Convention Center" and including Addendum #1 dated May 1, 2013 which is 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 e Presence of: CONTRACTOR /CONSULTANT J Scittit � � J By: (Seal of Contractor (Specify Title) if a Corporation.) 3 By: (Specify Title) CITY OF OSHKOSH By: c,0(11 Mark A. Rohloff, City Manager Witness) _A 41' And: s...k__,_: (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue vQ *11 , under this contract. ity Attorney Ry City Co er Y 4 05/09/2013 07:45 FAX 920 739 2230 AUGUST WINTER & SONS riti 002/003 --XN+h 1T QUOTATION PROPOSAL OCC KITCHEN UNIT HEATER ADDITION CITY OF OSHKOSH Page 1 of 2 QUOTATION DEADLINE IS 10:00 AM,WEDNESDAY, MAY 1, 2013 From: August Winter & Sons (bidder's company name) We, the undersigned, propose to furnish all labor, materials and installation per the project specifications and drawings. Any area of the proposal page left blank may be considered as a non-responsive bid. Base Quote: Install three (3) fan-powered hot water unit heaters in the Oshkosh Convention Center kitchen. Installation shall include tapping into the existing 4 inch boiler piping, run new piping and electric to the three new unit heaters in a location as shown on the drawings, insulate the new piping, run the required electric to run the unit heater fans, water balance the new units, controls; install two new thermostats for unit heater temperature control and lastly, have the system water balanced. Coordinate the installation time frame with the City of Oshkosh Maintenance Supervisor. (2) Sterling gg045, (1) Sterling 84060 Brand & Model (if applicable) Twenty-One Thousand Four Hundred Forty $ 21 , 440 . 00 (Base Quote Price—In Words) Addendum Acknowledgement We hereby acknowledge receipt of and have thoroughly examined the written Addenda(s) issued prior to the bid date in association with this project. These Addenda are numbered 1 through 1 , inclusive. We further understand that failure to fully list the numbers of all published Addenda may cause the City to reject this bid. Proposed Subcontractor List Electrical: Faith Technologies 05/09/2013 07: 45 FAX 920 739 2230 AUGUST WINTER & SONS a 003/003 QUOTATION PROPOSAL OCC KITCHEN UNIT HEATER ADDITION CITY OF OSHKOSH Page 2 of 2 Mechanical: August Winter & Sons Insulator: Bartelt Insulation Other: Energy Control & Design Delivery and install in 3 0 days after receipt of order Payment terms Net 3 0 Date Submitted: May 10, 2013 Name of Company: August Winter & Sons _ Submitted by: (name and title) Mark will Email address: mhilleaugustwinter. corn _ Address of Company: 2 3 2 3 N. Roemer RddApp T et r on W r 54 911 Phone: (920 257-9512 _,_