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Home My WebLink AboutCONTRACTOR AGREEMENT Osh City Cab Paratransit 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 PARATRANSIT (ADA & ANCILLARY) SERVICES CITY OF OSHKOSH THIS AGREEMENT, made on the 11th day of NOVEMBER, 2021, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and OSHKOSH CITY CAB CO., 2723 HARRISON STREET, OSHKOSH, WI 54901, 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 18, 2021 and federal clauses and certifications from the Contractor’s proposal attached. D. Contractor’s acknowledgement to the City’s Addendum to this RFP dated September 29, 2021. E. Contractor’s acknowledgement on page 15 of the RFP and page 5 of the Contractor’s proposal that the average vehicle fleet age will be 7 years or less throughout the life of the contract. F. RFP Service Standards listed on page 21 of the RFP. 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: (Glenn Davis, President) DocuSign Envelope ID: 29EB9EF2-87E2-4815-B2AE-A94E37093B38 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 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 PARATRANSIT (ADA & ANCILLARY) 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 $25.00 per IntraCity Oshkosh Paratransit trip during the period January 1, 2022-December 31, 2022; and $26.00 per IntraCity Oshkosh Paratransit trip during the period January 1, 2023-December 31, 2024. The City shall pay to the Contractor a sum of $31.50 per Rural Program trip during the period January 1, 2022-December 31, 2024. If the agreement is extended according to Article V. of this contract, DocuSign Envelope ID: 29EB9EF2-87E2-4815-B2AE-A94E37093B38 the City shall pay $26.00 per IntraCity Oshkosh Paratransit trip and $31.50 per Rural Program trip during the period January 1, 2025-December 31, 2025 and January 1, 2026-December 31, 2026. 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 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. DocuSign Envelope ID: 29EB9EF2-87E2-4815-B2AE-A94E37093B38 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: CONTRACTOR /CONSULTANT ____________________________ By: _____________________________ Glenn Davis, President OSHKOSH CITY CAB CO. (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 DocuSign Envelope ID: 29EB9EF2-87E2-4815-B2AE-A94E37093B38