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HomeMy WebLinkAboutBadger Roofing/Central Garage 1982 A G R E E M E N T THIS AGREEMENT made and entered into this et( day of S epter:b r192 , by and between vADG :R ROOFING, IYG. of 551 Y'i. Scott St. , Fond au Lac, WI , party of the first part, and the CITY OF OSHKOSH, a municipal corporation located in Winnebago County, Wisconsin, hereinafter referred to as the "City", and party of the second part. WITNESSETH: WHEREAS, the Common Council of the City of Oshkosh by resolution duly adopted on the 2nd day of September , 1922 , accepted the bid of the first party and authorized and directed the proper City officials to enter into an agree- ment with the party of the first part for: ?c-roafinc east half of Central Garage ';)tal ,3i(-.1: $19, 040 . )0 according to the specifications and bid for same on file in the office of the City Clerk. NOW, THEREFORE, pursuant to said resolution of the Common Council of the City of Oshkosh, the parties hereto agree as follows : 1 . That the party of the first part will furnish same to the City, all in accordance with the specifications and bid on file in the office of the City Clerk. 2. That no assignment of this agreement or of any rights thereunder by said party of the first part, shall be valid without the written consent of the City; and that this document including the specifications and bid , constitutes the entire agreement between the parties hereto and that any understanding either oral or written, not a part hereof shall not be binding on either party. 3. That in consideration thereof, the City will pay to the first party the sum of $ 19 ,3040.00 , upon presentation of a proper voucher, and delivery and acceptance by the City in conformity on said specifications and bid. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed by the proper officers of each party and their corporate seals to be hereunto affixed all on the day and year first above written; then if first party is a cor- poration of partnership, the signing of this agreement shall constitute a warranty by the person(s) so signing the proper authority so to do. In the presence of BADGL.'I i30F1 ', INC. .2 By: ■ /4-::.I .If/ I10 ✓ Signature of e : o:rieto, or n7 �� I ` or r.orat h n,or •. tners ip'tA21-A- /12- 4 V i - / / .4, Presi . -nt o, P."r n: �'7 ,/^))r--tst o•Da-Atir- / is. di/4f U 4, A. IV- Se •retary CITY OF OSH OSH L 1 "t "3 ( r), r_ BY �ViL: xY /,‘„,..A.Z X (e).14-ci_ (dc --1_,L,,,__/- WILLIAM D. FRUEH, City Manager By: CO ERSE C. MAR.. , ity Clerk I hereby certify that the necessary provisions have been made to pay the Approved as to form liability that will accrue under this ,�- contr ct: /z, . tv &/ ___-) 35omf V `R '� eil ' 1;1 EDWARD A. NOKES• City Comptroller Tal W. AIIRLNS, Ass,.. City Attorney k ROOF REPAIRS ON CENTRAL GARAGE 639 WITZEL AVENUE Department of Administration Purchasing Division P.O. Box 1130 Oshkosh , WI 54901 NOTICE TO VENDORS: 1 . We are submitting herewith for your consideration an in- vitation to bid on: ROOF REPAIRS ON CENTRAL GARAGE 639 WITZEL AVENUE 2 . Bids must be addressed to Oshkosh Purchasing Division, Department of Administration, City Hall , Oshkosh, Wisconsin. Envelope shall show name of bidder , and must be plainly mark- ed in the lower left hand corner "Bid for Roof Repairs" . 3 . Bids must be on file in the office of the Purchasing Agent no later than 10 : 30 a.m. , C.D.S .T. , Thursday, August 26 , 1982 . Any bids received after that hour and date will not be opened and will be returned to the bidder unread. 4 . A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the City prior to the specified time of opening. 5 . All formal bids submitted shall be binding for thirty-five calendar days following bid opening date , unless the bidder(s ) , upon request of the Purchasing Agent, agrees to an extension. 6 . Bids will be publicly opened and read at the hour an date above stated. Award, if any, will be made as soon thereafter as practical . 7. A certified check, cashier ' s check, or bid bond, payable to the City of Oshkosh , Wisconsin ,in an amount of five (5%) percent must accompany the bid as a guarantee that if the bid is accepted, the bidder will execute and file the proper contract within ten (10 ) days after award by the Common Council and receipt of contract form for signature. Return of certified check, cashier ' s check, or bid bond will be ex- ecuted when the contract is signed. 8 . The City reserves the right to reject any and all bids and to waive any informalities in bidding. 9 . For specifications and further information concerning this invitation to bid, contact Donald La Fontaine, Purchasing Agent, Room 312 , City Hall or telephone (414) 424-0265 . William D. Frueh City Manager PUBLISH: August 12 & 16 , 1982 • GENERAL CONDITIONS GC-1 SCOPE OF WORK AND BIDS The work that shall be done under this contract consists of furnishing all labor , tools , equipment , machinery , and all materials for the work covered by this contract . GC-2 SITE INVESTIGATIONS AND REPRESENTATIONS The Contractor shall acknowledge that he has satisfied him- self as to the nature and location of the work, the general and local conditions , particularly those bearing upon transport- ation, disposal , handling and storage of materials , availability of labor , roads , and uncertainties of weather or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed to and during the prosecution of the work and all other matters upon which information is reasonable obtainable and which can in any way affect the work or the cost thereof under this contract. GC-3 ASSIGNMENT OF CONTRACT The Contractor shall not assign this contract or any part thereof , or monies due or to become due hereunder , without the written consent of the Owner. NO assignment of this contract shall be valid unless it shall contain a provision that the funds to be paid the Assignee udner the assignments are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor for all persons . Firms or corporations need not be inserted if the assignment technically constitutes a novation, i .e. , the assignees not only acquire the benefits under the contract but also assume the obligations thereunder in_place of the assignor . GC-4 CONTRACT SURETY The Contractor shall furnish a surety bond in an amount of at least equal to 100 percent of the contract price as surety for the faithful performance of this contract and for the payment of all persons performing labor and furnishing materials in connection with this contract. GC-5 CONTRACTOR' S INSURANCE The contractor shall not commence work under this contract until he has obtained all insurance required under this par- agraph and such insurance has been approved by the City Clerk of the City of Oshkosh , nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved. General Conditions • Page 2 (a) Compensation Insurance: The Contractor shall take out and maintain during the life of this contract Worker ' s Compensation Insurance for all his employees employed for this project and, in case any work is sublet , the Contractor shall require the subcontractor similary to provide Worker 's Compensation Insurance for all the latter 's employees , unless such employees are covered by the protection afforded by the Contractor. In case the class of employees engaged in hazard- ous work under this contract at the site of the project is not protected under the Worker ' s Compensation Statute , the Contractor shall provide and shall cause each subcontractor to provide adequate insurance coverage for the protection of his employees not otherwise protected. (b) Public Liability and Property Damage Insurance: The Con- tractor shall take out and maintain during the life of this contract such Public Liability and Property Damage Insurance as as shall protect him and any subcontractor performing work covered by this contract from claims and damages for personal injury, including accidental death, as well as from claims for property damages , which may arise from operations under this contract , whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them and the amounts of such insurance shall be as follows: Public Liability Insurance in an amount not less than $100 , 000 .00 for injuries , including accidental death, to any one person, and, subject to the same limit for each person, in an amount of not less than $300 ,000 .00 on account of one accident and Property Damage Insurance in an amount of not less than $100 ,000 .00 . Any subcontractor not covered by the Contractor ' s Public Liability and Property Damage Insurance shall carry Owner ' s Protective and Subcontractor ' s Liability Insurance in the same amounts . The Contractor shall be responsible for a subcontractor 's carrying the insurance herein required. (c ) Insurance Covering Special Hazards : The following special hazards shall be covered by a rider or riders to the Public Liability and/or Property Damage Insurance Policy or Policies herein elsewhere required to be furnished by this Contractor or by separate policies of insurance , in amounts as follows: Public Liability Property Damage Insurance Insurance Operation of Trucks and Autos $100 ,000 .00/300 ,000 .00 $50 ,000 .00 The insurance coverage shall in all instances save, defend, indemnify, and hold harmless the City against any and all manners of claims , demands , liabilities , damages , or any other costs which may accrue in the protection of the work and shall save , defend, indemnify, and hold harmless the City from all damages caused by or as a result of the operations covered by this contract . • General Conditions Page 3 No insurance shall be concelled without notifying the Owner in writing thirty (30 ) days before such cancellation. See Contractor ' s responsibility for damaged work. GC-6 PROOF OF CARRIAGE INSURANCE The Contractor shall furnish the City Clerk of the City of Oshkosh with satisfactory proof of carriage of the insurance required. Satisfactory proof shall consist of a duplicate or photostat copy of the certification of insurance. GC-7 TERMINATION FOR BREACH In the event that any of the provisions of this contract are violated by the Contractor or by any of his subcontractors , the Owner may serve written notice upon the Contractor and his surety of its intention to terminate such contract , such notice to contain the reasons for such intention to terminate the con- tract , and,unless within ten (10 ) days after the serving of such notice upon the Contractor such violation shall cease and satis- factory arrangement for correction be made, the Contractor shall , upon the expiration of said ten (10 ) days , cease and terminate. In the event of such termination, the Owner shall immediately serve notice thereof upon the Contractor and his surety and the surety shall have the right to take over and perform the contract , provided, however , that if the surety does not commence perfor- mance thereof within 30 days from the date of the mailing to such surety the notice of termination, the Owner may take over the work and prosecute the same to completion by contract for the account and at the expense of the Contractor , and the Con- tractor and his surety shall be liable to the Owner for any excess cost occasioned by the Owner thereby , and, in such event , the Owner may take possession and utilize in completing the work such materials , appliances , and plant as may be on the site of the work and necessary therefor. GC-8 OWNER' S RIGHT TO DO WORK If the Contractor should neglect to prosecute the work properly or fail to perform any provisionof this contract , the Owner after three days written notice to the Contractor and his surety , may, without prejudice to any other remedy he may have , make good such deficiencies and may deduct the cost thereof from the pay- ment due the Contractor. INSTRUCTIONS TO BIDDERS ROOF REPAIRS Public Works Wage Rate Provision: There shall be paid each employee engaged in work on this project the prevailing union scale in the trade or occupation he is employed in or assigned to. The bidder can obtain the prevailing wage rate at the City Clerk ' s office at City Hall or at the office or the unions having jurisdiction over the particular trade. Time of Construction: It is the City ' s intent that the roofing work be completed before October 15 , 1982 . Liquidated Damages : The Director of Public Works shall determine the number of calendar days that the Contractor is in default in completing the contract and shall certify the same to the Owner in writing . For each calendar day so certified, the Contractor shall pay the Owner the sum of one hundred dollars ($100 .00 ) which sum is hereby agreed upon, not as a penalty, but as liquidated damages which the Owner will suffer by reason of such default , provided, however , that the Owner may, as herein provided, extend the time of the completion of the work beyond the contract time . The Owner shall be fully authorized and empowered to deduct and retain the amount of any damages , determined as herein provided, for each day that the Contractor shall be in default in completing the work after the time fixed in the contract , or after any later date to which the time for completion may have been extended by the Owner, from any monies due or to become due the Contractor under the contract, at any time after such damages are so incurred. The permitting of the Contractor to finish the work or any part of it after the time for its completion or after the date to which that date of completion may have been extended, shall in no way operate as a waiver on the part of the Owner of any of its rights under the Contract . GENERAL CONDITIONS 1 . The contractor shall provide all items , articles , materials operations , or methods listed or mentioned herein, including labor , materials , equipment , and incidentals necessary required for their completion 2 . The work shall be executed in strict conformity to the speci- fications . The person in charge of the field operations shall be given full instructions and these specifications and be re- quired to study them , as well as pertinent manufacturer ' s in- structions , before proceeding. 3 . The contractor shall advise, in his bid, the brand names and mat- erial items he proposes to use. 4. The contractor shall contact the City by telephone several days in advance, as soon as work schedules are set, and adjust his schedule if necessary to allow the Ctiy to be present during initial and other phases. 5 . The contractor shall continuously maintain protection of all his work from damage and shall protect the owner ' s property from injury, damage , or loss arising in connection with this contract . Weather protection: The procedures described in the specifications provide for all reasonable steps to prevent leakage and consequent damage to the property. If reasonable care is not taken to pre- vent water damage through these procedures , the owner may assess damages to the extent of such carelessness. The contractor shall maintain all stocks of roofing and insulation dry , by any and all means , before and after installation, until temporary adequate glaze coats or final surfacing and edge seals have been applied. Any operation which has been carried out in disregard for the affect of weather to its success shall be fully corrected, as dir- ected by the City. 6 . The owner and his representatives shall at all times have access to the work, whenever it is in preparation or progress , and the contractor shall provide facilities for such access for inspection. 7. The City shall have the right to reject materials and workmanship which are defective , and require their correction. Rejected materials shall be removed from the premises without charge to the owner. If the contractor does not correct such condemmed work and remove rejected materials within a reasonable time , fixed by written notice, the owner may remove them and charge the ex- pense to the contractor . General Conditions Page 2 8 . The contractor shall at all times keep the premises free from accumulations of waste materials or rubbish caused by his employees or work . All materials and debris shall be removed immediately from the site and, at the completion of the work, he shall remove all his rubbish from and about the building and all his tools , scaffolding , equipment , and surplus materials and shall leave his work "broom clean" or its equiv- alent , unless more exactly specified. In case of dispute , the owner may remove the rubbish and charge the cost to the contractor , as the owner shall determine to be just. 9 . Payment will be made in full within 30 days of the satisfactory completion of the work. 10 . By offering to undertake this contract work and by accepting a contract , contractor guarantees that he possesses the necess- ary equipment , experience, and special skills for carrying out efficiently the work called for in these specifications . DESCRIPTION OF WORK TO BE DONE CENTRAL GARAGE - 639 WITZEL AVENUE 1 . This roof (approx. 8000 sq ft ) has a gravel surface. The old roofing shall be torn off and hauled away (bidder shall include the cost of dumping in his bid) the City will keep the gravel from the roof , to keep the dumping cost down. 2 . Place 2 .8 " Tempchak Plus with Insul-fast nail disc. system, or equal . Net result shall be an R 16 .7 valve. 3 . Mop one (1 ) ply of 43 lb base sheet to insulation. 4 . Mop three (3 ) plys of fiberglass felts to base sheet. 5 . Flood coat and add new gravel surface. 6 . Install new roof fleshings , where roof meets the walls . 7 . Work to be finished by October 15 , 1982 . • r PROPOSAL We , the undersigned, propose to re-roof the Central Garage (approx. 8000 sq. ft. ) for theCity of Oshkosh according to specifications , for the following amount: Lump Sum Figures in writing Construction to begin in days after award of contract. Construction to be completed by October 15 , 1982 . GUARANTEE Name of Company SUBMITTED BY: Name and title of person making out bid 1982 Date Address of Company Note: Certified check, bid bond, or cashier 's check for 5% of bid must accompany this proposal . op (7 O Un tIJ O 'v c-. O I-' c) 'TJ U-1 aJ (D a) (n w a 9 • • Cn U, H- O to Di n cn o n o n 0 5 w Cr n I--, Cl. O rt- rt A- C) 0 • • T.' o U) R. iQ 0 t'JO 0 CO a" - U) 0 0 Z C tiia H u w ) W • D7 > 0. • 11 (D (n O"■-C m E O a' a G rt rt - U) (D H X Z • W bJ Cn L7 a., 0 Z 0 3 n r Q o 0 - rc • O n U1 � O BCD O 0 0 0 H )'S O .A F--, rh H. rt Q rt rh Ut W (D • lO IJ H• > - rt H. J H. > W Ui - crl Ui < (D I-' C >✓ •P t7 w t.0 •4. (D rt Z LQ 0 U (D t_Q LO 11 H 'JD Cl) H - w OH• ] Q+ 0 - O Q' H C 0 H Ul H - lD (D • t+7 H •A Ui Cn 11 QD () 0 (D (') w • • n Ui U) rt .. - H- 0 H n H C) • LI] I 7J 0 0 N N N N (-' W A H O I H• t'7 b7 II, > L..) Ul w w O H U) U) Lo qD 0 0 d 1-3 o U, lD O o 0 O O o O O 0 > 0 o O o o r CD O 0 Q n 0 t17 Cn Z rt y U7 N Cn N > Ul Ul N cm r I C I C 'C (D () (D 0 (D (D (D Iv Di W c) t-' > A) w Iv n n n c rt n rt m (n > co > U) Cn U) a 'U N 0 H- Z 0 F-3 rt txi ID tr" O no o n p m (D (D i< ,c CD (n U) O 0 1-3 OJ U) U) H H S� '2J d H Z n C) N PROPOSAL We , the undersigned, propose to re-roof the Central Garage (approx. 8(3100 sq. ft . ) for theCity of Oshkosh according to specifications , for the following amount: $ /7i 070 4)" c7A/Aoe ; --- .‘ 61r, Lump SLIM ' gures in writing Construction to begin in ,5 days after award of contract. Construction to be completed by October 15 , 1982 . r- GUARANTEE , 3 yj,t24„ ye,e2A1AGalie �,{.1�� ) ( /e2ii I • •..L A' i it s Name o F:mpan SUBMITTED BY: Name and title of person making out bid ( 2 J 1982 \ / Z-6/ 56:e Date Address of Company Note: Certified check, bid bond, or cashier 's check for 5% of bid must accompany this proposal . / ^� /�` / /L- �%�� -_~ ` ' / _ _ 'r, / ~ / / x ` ~ / /7 `-/' _� ~/ �� ' // 1 ~ /�` - / 7 U L/ ' ~ '/ / / ' ,, / t' L /-.?% /'L/i , ',._~-e--;,...X 'iL. - L