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HomeMy WebLinkAboutWeinert Roofing Roof Repairs Water Distribution CenterCONTRACTOR AGREEMENT: ROOF REPAIRS — WATER DISTRIBUTION CENTER THIS AGREEMENT, made on the 16TH day of MAY 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and WEINERT ROOFING a division of WEINERT ENTERPRISES INC, 1897 PROGRESS WAY, KAUKAUNA WI 54130 hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following agreement. The Contractor'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 1. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE 1I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (DAVID SCHULZE, PROJECT MANAGER) 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. City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (BOB JOHNSON, CITY OF OSHKOSH WATER DISTRIBUTION MANAGER) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled ROOF REPAIRS WATER DISTRIBUTION CENTER and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications 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 V. 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 VI. TIME OF COMPLETION The work to be performed under this contract shall be completed by no later than JULY 1, 2018 ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $4,248.00 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 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 VIII. 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 ad- judged 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 IX. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. ARTICLE X. 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: (Seal of Contractor if a Corporation.) APPROVED: 4romey CONTRACTOR /CONSULTANT By: QPu tpt .c., mt-wk-11 FeEg . (Specify Title) a (Specify Title) CITY OF OSHKOSH 00, By: Mark A. 6hloff, City Manager And: Pamela City R. Ubrig , Ci Clerk I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. -�Km, Zia I dr) City Comptroller CITY OF OSHKOSH REQUEST FOR QUOTATION ROOF REPAIRS: WATER DISTRIBUTION CENTER Page 1 of 1 QUOTATION DEADLINE IS 10:00 AM, TUESDAY, MAY 15, 2018 From: a4w 900vtower . (bidder's company name) a d�`viS�'ov� 0 WfAtAVrT It C , We, the undersigned, propose to furnish all labor and materials to perform the specifications per this RFQ. Any area of the proposal page left blank may be considered as.a non-responsive bid. Addendum Acknowledgement We hereby acknowledge receipt of and have thoroughly examined the written Addenda(s) issu d prior to the bid date in association with this project. These Addenda are numbered -- 4 through , inclusive. We further understand that failure to fully list the numbers of all published Addenda may cause the City to reject this bid. If no addenda were issued for this project simply enter "N/A" above. Base Quote for all repairs: VW V2,-Ct'0U6rt-k6- V J,0 $ (Base Quote Price - In Words) Date Submitted: 5 t 6 ( T Name of Company: W'El.ATEAQ�C kR6CFtr4 C -T F Submitted by: (name and title)ES Email address: Address of Company:_ �`L Q� Qt`gFj V3A i i KA�Q KAUtA 0 W t"71>6 Phone: Delivery and install in �D _ days after receipt of order Payment terms Aor 3 D Project Manager if awarded bid: CDk4E 5�y LZE- 25 WEINRA e-gkI b)tel OP ID: KA cnVFRAGES cFRTIFICATF NUMRFR- REVISION NUMBER: vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ,�►coRO' CERTIFICATE OF LIABILITY INSURANCE `..,.�' DATE(MMIDD/YYYY) 05/16/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 920-458-6174 McGlone - Sheboygan 1807 Erie Avenue CONTACT Kimberly Aschenbach PHONE 920-458-6174 FAX 920-725-3233 (A/c, No, Ext): (ac, No): EDDRL Im er y.asc en ac mcc one.com Sheboygan, WI 53081 Mark McCabe, CPCU INSURERS AFFORDING COVERAGE NAIC # INSURERA:West Bend Mutual Insurance Co. 15350 DAMAGE TO RENTED 200,000 PREMISES Ea occurrence) $ INSURED Weinert Roofing Weinert Enterprises, Inc. DBA INSURER B: Columbia Casualty Company 31127 X 1897 Progress Way INSURER C: INSURER D: PO Box 917 Kaukauna, WI 54130-0917 MED EXP (Any oneperson) $ 10,000 INSURER E: INSURER F: cnVFRAGES cFRTIFICATF NUMRFR- REVISION NUMBER: vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TRTYPE OF INSURANCE DDLNSD UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 200,000 PREMISES Ea occurrence) $ CLAIMS -MADE F-X] OCCUR X 1405929 01/01/2018 01/01/2019 MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY []R] JE � LOC GENERALAGGREGATE $ 2'000'000 PRODUCTS -COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 a acc'de t $ BODILY INJURY Per person)$ X ANY AUTO X 1405929 01/01/2018 01/01/2019 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS DAMAGE Per acadent $ HIRED NONEDPROPERTY AUTOS ONLY AUTOS ONLY L $ A X UMBRELLA LIAR I X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE g 10,000,000 EXCESS LIAB CLAIMS -MADE X 1405929 01/01/2018 01/01/2019 DED I X I RETENTION $ 0 A WORKERS COMPENSATIONPERT AND EMPLOYERS'LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A 235148 01/01/2018 01/01/2019 TE I X I OTH- ER 1,000,000 E.L. EACH ACCIDENT $ 1 000'000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below B Contr Pollution C 6018370529 06/15/2017 06/15/2018 Each 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are Additional Insured on a Primary and Non Contributory basis including Ongoing and Completed Operations with respect to General Liability per form WB1482 when required by written contract; and Additional Insured on a Primary and Non Contributory basis with respect to CITOSH2 CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903-1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Mark McCabe, CPCU ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. 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