HomeMy WebLinkAboutCONTRACTOR AGREEMENT Kobussen Intercity Bus Services 2022-2024
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us
CONTRACTOR AGREEMENT:
GO TRANSIT INTERCITY BUS SERVICES
CITY OF OSHKOSH
THIS AGREEMENT, made on the 15th day of NOVEMBER, 2021, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and KOBUSSEN BUSES LTD., W914
COUNTY ROAD CE, 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 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 Cost Proposal Form dated October 20, 2021 and federal clauses and certifications
from the Contractor’s proposal attached.
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 II. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to manage
the project described in this contract:
(Joseph Kobussen, President)
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
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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
The City shall assign the following individual to manage the project described in this contract:
(Steve Tomasik, Transit Operations Manager)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City’s REQUEST FOR PROPOSAL for the
Project titled “CITY OF OSHKOSH, WISCONSIN REQUEST FOR PROPOSALS FOR INTERCITY BUS
SERVICES” dated September 16, 2021, and the contractor’s proposal and cost proposal materials
attached. If anything in the RFP cost proposal conflicts with the RFP, the provisions in the RFP 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. CONTRACT TERM
This contract will be for three (3) years commencing on January 1, 2022 with options to extend for two,
one-year periods. This contract may be renewed by the City for two additional one year terms. Contract
will automatically renew for years 4 and 5 unless a 90 day notice of termination is given before the end
of the initial or renewal term.
ARTICLE VII. PAYMENT
A. The Contract Sum. The City shall pay to the Contractor a sum of $58.01 per revenue hour for
Route 10 trips during the period January 1, 2022-December 31, 2022. Cost adjustments will
be determined by the attached Contractor’s Cost Adjustments page. The City shall pay only
for authorized trips that are provided by the Contractor.
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
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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.
ii. 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. STANDARD PROVISIONS
The CONTRACTOR 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 IX. 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. The contractor’s certificate of insurance for this project is attached.
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.
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In the Presence of: CONTRACTOR /CONSULTANT
____________________________ By: _____________________________
Joseph Kobussen, President
Kobussen Buses LTD.
(Seal of Contractor if a Corporation)
CITY OF OSHKOSH
By: _____________________________
_____________________________ Mark A. Rohloff, City Manager
(Witness)
_____________________________ And: _____________________________
(Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this contract.
__________________________
City Attorney _______________________________
City Comptroller
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