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Home My WebLink AboutCreative Sign Mount sign Parks Facility (2)DocuSign Envelope ID: 28654E63-C209-4CA1-8A03-135139A7A5DE CONTRACTOR AGREEMENT: GRADE MOUNT SIGN: PARKS ADMINISTRATION AND OPERATIONS FACILITY CITY OF OSHKOSH PARKS DEPARTMENT THIS AGREEMENT, made on the 151h day of JUNE, 2023, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CREATIVE SIGN COMPANY, 505 LAWRENCE DRIVE, DE PERE, WI 54115, hereinafter referred to as the CONTRACTOR, WTTNESSETH: 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 I. 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: A. This Instrument B. Proposal Solicitation C. 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 11. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Kelsy-Ann Hayes, Senior Sign Consultant) 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 City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1 130 http://www.ci.oshkosh.wi.us DocuSign Envelope ID: 28654E63-C209-4CA1-8A03-135139A7A5DE 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 III. CITY REPRESENTATIVE COPY The City shall assign the following individual to manage the project described in this contract: (Ray Maurer, Parks Director) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project titled "GRADE MOUNT SIGN: PARKS ADMINISTRATION AND OPERATIONS FACILITY" dated May 5, 2023 and the contractor's bid form and materials attached. 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 the timelines established in the bid specifications. Any changes to this completion date must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $34,889.00 (Base Bid Option 02) + Alternate No. 2 (Aluminum Cabinet Sign with 3' X 6' messaging board) adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Fee schedules shall be firm for the duration of this Agreement. i. 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 DocuSign Envelope ID: 28654E63-C209-4CA1-8A03-135139A7A5DE provide to Contractor a statement as to the reason(s) for withholding payment. ii. Additional Costs. Costs for additional services shall be negotiated and set TorMzi amendment to this agreement executed by both parties prior to procee g AP covered under the subject amendment. %JJ ARTICLE Vim. STANDARD PROVISIONS The CONSULTANT agrees in all hiring or employment made possible by or resulting from this agreement, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ARTICLE DC. 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 X. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. ARTICLE XI. TERMINATION C. 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. D. 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. Signatures. By placing their signatures below, each individual affirms that the entity they represent is authorized to enter into this Agreement, and further affirm that they are authorized DocuSign Envelope ID: 28654E63-C209-4CA1-8A03-135139A7A5DE by the entity they are representing to bind their respective parties to the terms and conditions of this Agreement. COPY (Witness) (Witness) APPROVED: DocuSigned by::q 4Z&111� City Attorney CONTRACTOR DocuSigned by: Et's By. 3799E !i. 40C-. Kelsy-Ann Hayes, Senior Sign Consultant Creative Sign Company CITY OF OSHKOSH DocuSigned by: By: 222E 07D8E7489... Mark A. Robloff, City Manager DocuSigned by: I. ..... . . 'I ,- And: Diane M. Bartlett, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. DocuSigned by: PC:FF039dFAQA4AF City Comptroller DocuSign Envelope ID: 28654E63-C209-4CA1-8A03-135139A7A5DE CITY OF OSHKOSH INVITATION FOR BID: GRADE MOUNT SIGN: COPY PARKS ADMINISTRATION AND OPERATIONS FACILITY BID PROPOSAL FORM Page 1 of 2 From: Creative Sign Company (bidder's company name) BID SUBMITTAL DEADLINE: BY 10:00 A.M., THURSDAY, JUNE 1, 2023 Date: 5/26/23 Addenda: Receipt of Addenda numbered 0 of 0 are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project please write "N/A" above. In compliance with the advertising for Bids and having carefully examined the drawings and/OR specification for the Work and the Site of the proposed work and having determined all of the conditions of the work, the rules, regulations, laws, codes, ordinances, and other governing circumstances relating to this project, the undersigned proposes to furnish all Labor, Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction. By Submission of this Bid, each. Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): 1. GENERAL CONSTRUCTION a. Bid Option #01(Aluminum Cabinet Sign with 2'x6' messaging board). All labor, materials, services and equipment necessary for completion of the Work required for the installation of the proposed grade mount sign, the Sum of _Twenty-six thousand, two -hundred twenty and 00/100 Dollars ($ 26,220.00_) b. Alternate No.1 ADJUST to the Base Bid amount all labor, materials, services, and equipment necessary for an W8mm LED RGB messaging display to replace the base bid W10mm. 34 DocuSign Envelope ID: 28654E63-C209-4CA1-8A03-135139A7A5DE as Two thousand, three hundred thirty-four and 00/100 Dollars ($_$2,334.00) COPY h ba*A c. Bid Option #02 (Aluminum Cabinet Sign with 3'x6' messaging board). All labor, materials, services and equipment necessary for completion of the Work required for the installation of the proposed grade mount sign, the Sum of _Thirty-two thousand, one hundred twenty-one and 00/100 Dollars ($_32,121.00) d. Alternate No. 2 ADJUST to the Base Bid amount all labor, materials, services, and equipment necessary for an W8mm LED RGB messaging display to replace the base bid W10mm. U& _Two thousand, seven hundred sixty-eight and 00/100_Dollars ($2,768.00_) e. Bid Option #03 (Concrete Base). All labor, materials, services and equipment necessary for completion of the Work required for the installation of the proposed concrete sign base, the Sum of N/A Dollars ($ N/A ) B. Accompanying this Bid Form is a Bid Bond in the amount of five percent (5%) of the Bid, as required by the Instructions to Bidders. C. Receipt of the following Addenda to the Contract Documents are acknowledged: Number and Date Number and Date N/A 35 DocuSign Envelope ID: 28654E63-C209-4CA1-8A03-135139A7A5DE D. In Submitting this Bid Form, it is understood that the Owner reserves the ri ght to reject any or all Bid Forms, to waive technicalities, and to advertise for new OPY that this Bid shall remain open and shall not be withdrawn for a period of 0 ays from the date prescribed for its opening. E. If written notice of the acceptance of this Bid is mailed or delivered personally to the undersigned within 30 days after the date set for opening of this Bid, or at any time thereafter before it is withdrawn, the undersigned Bidder will sign the Contract Documents through DocuSign in accord with this Bid as accepted, and will also furnish and deliver to the Owner all required Bonds and proof of insurance coverage required, all within 10 days after personal delivery, deposit in the mail, or e-mail delivery of a notification of acceptance of this Bid. F. Notice of acceptance or request for additional information may be addressed to the undersigned at the address set forth below. G, Wherever in this Bid Form an amount is stated in both words and figures, in case of discrepancy between words and figures, the words shall prevail. SIGNATURES Date: 5/26123 Name of Company: Creative Sign Company Submitted by; (name/title) Kelsy-Ann Hayes Email: kelsy@creativesigncompany.com Address of Company: 505 Lawrence Drive DePere, WI 54115 Phone: 920-336-8900 36 DocuSign Envelope ID: 28654E63-C209-4CA1-8A03-135139A7A5DE CITY OF OSHKOSH INVITATION FOR BID: GRADE MOUNT SIGN: COPY PARKS ADMINISTRATION AND OPERATIONS FACILITY BID PROPOSAL FORM Page 2 of 2 Company Representative that will be named Project Manager for this project, if awarded the bid: Kelsy-Ann Hayes 1/ Signature Title Senior sign consultant � Company Representative authorized to sign contracts electronically via DocuSign: Name: Kelsy-Ann Hayes Ems; kelsy@creativesigncompany.com That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements and submit this Proposal in (its) (their) behalf, and that said statements are true and correct. Signature '�� Y r � Title Senior sign consultant Warranty Details: 5 year parts & 5 year labor warranty 37 �® AVR CERTIFICATE OF LIABILITY INSURANCE DATE (MYYY) os/19/20232023 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 INSURE , REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED pr v ion or d e If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endors m a e n this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Northeast Insurance Center CONTANAME: Jerry Hietpas PAHONrEo. Ext (920) 592-0500 FAX No : (920) 592-9186 ADDRESS: jerry@northeastinsurance.biz 1345ANorth Rd Suite 100 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Pekin Insurance Green Bay WI 54313 INSURED INSURER B : Pekin Ins 24228 Creative Sign CO Inc INSURER C : INSURER D : 505 Lawrence Or INSURER E : INSURER F : Depere WI 54115 CnVFRArFS CFRTIFICATF NUMRFR- 2021-2022 MASTER REVISION NUMBER: THIS 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 CONTRACTOR 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 LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MMIDD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE ❑X OCCUR DAMAGE TO RENED PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 2,000,000 A Y Y CL0032346 07/16/2022 07/16/2023 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS-COMP/OPAGG $ 4,000,000 POLICY 19 JEo- LOC $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ 1,000,000 X ANY AUTO B OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY(par.. Y Y 005793216 07/16/2022 07/16/2023 BODILY INJURY (Per accident) $ 1,000,000 PROPERTY DAMAGE Per accident $ 1,000,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 HCLAIMS-MADE AGGREGATE $ 5,000,000 B EXCESS LIAR 005817421 07/16/2022 07/16/2023 DED X RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? M (Mandatory in NH) NIA Y 005420802 07/16/2022 07/16/2023 X PER ERH EL. EACH ACCIDENT _ $ 1,000,000 EL. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below Todd Thomas excluded under WC. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) .By contractual agreement between the certificate holder & this insured;City of Oshkosh , is/are an Additional Insured under General Liability with CG2010 and CG2037 (ongoing & completed operations on a primary & non-contributorybasis). Waiver of Subrogation in favor of the Additional Insured on General Liability with CG5036, Automobile Liability with 1958, and Worker Compensation with WC000313. Umbrella follows form. These certificates shall contain a provision that coverage afforded underthe policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk. City of Oshkosh. Project Name: Grade Mount Sign Project — Parks Admin Facility 1`CDTICIr`ATC Ifni MCD rAMRFI I ATInN City of Oshkosh, ATTN: City Clerk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO BOX 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh, WI 54903-1130 AUTHORIZED REPRESENTATIVE JerryH�'Z @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ACOR 7 a � CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 07/16/2023 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 INSURE , REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED pr v ion or d e If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endors m a e n this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: Jerry Hietpas Northeast Insurance Center PHONrE Ext (920) 592-0500 A/c No): (920) 592-9186 ADDRESS: jerry@northeastinsurance.biz 1345A North Rd Suite 100 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA; Pekin Insurance Green Bay WI 54313 INSURED INSURER B : Pekin Ins 24228 Creative Sign Co Inc INSURERC: 505 Lawrence Dr INSURERD: INSURER E : Depere WI 54115 INSURER F : COVERAGES CERTIFICATE NUMBER: 2021-2022 MASTER REVISION NUMBER: THIS 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 LTR TYPE OF INSURANCE AUUL INSD 5UtJR WVD POLICYNUMBER POLICY EFF MM/DDNYYY) POLICY EXP (MMIDDNYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 100,000 CLAIMS -MADE OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 A Y Y 006308811 07/16/2023 07/16/2024 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,000 POLICY ❑X JEa LOC PRODUCTS-COMP/OPAGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ X BODILY INJURY (Per person) $ 1,000,000 ANY AUTO B OWNED SCHEDULED Y Y 005793216 07/16/2023 07/16/2024 BODILY INJURY (Per accident) $ 1,000,000 AUTOS ONLY AUTOS PROPER DAMAGE Per accident $ 1,000,000 HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 HCLAIMS-MADE AGGREGATE $ 5,000,000 B EXCESS LIAR 005817421 07/16/2023 07/16/2024 DED I X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN /� STATUTE ERH EL. EACH ACCIDENT 1,000,000 $ B ANY PROPRIETOR/PARTNER/EXECUTIVE NIA Y 005420802 07/16/2023 07/16/2024 EL. DISEASE- EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT 1,000,000 $ Todd Thomas excluded under WC. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) By contractual agreement between the certificate holder & this insured;City of Oshkosh , is/are an Additional Insured under General Liability with CG2010 and CG2037 (ongoing & completed operations on a primary & non-contributorybasis). Waiver of Subrogation in favor of the Additional Insured on General Liability with CG5036, Automobile Liability with 1958, and Worker Compensation with WC000313. Umbrella follows form. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk- City of Oshkosh. Project Name: Grade Mount Sign Project — Parks Admin Facility CERTIFICATE HOLDER CANCELLATION City of Oshkosh, ATTN: City Clerk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh, WI 54903-1130 AUTHORIZED REPRESENTATIVE Je rryHl�'eh @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD