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HomeMy WebLinkAboutValley Sealcoat, Inc UULdit4— AGREEMENT THIS AGREEMENT, made on the 26th day of September, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Valley Sealcoat, Inc., W6265 Contractor Drive, Appleton, WI 54914, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor,for the consideration hereinafter named,enter into the following Agreement. The CITY'S Bid Specifications and insurance requirements are incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Bill Kramer, President, Valley Sealcoat, Inc.) 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 II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Ray Maurer, Parks Director) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated August 29, 2012, referred to as the "Project Manual for the 2012 Tennis Court and Park Rehabilitation Stevens Park, City of Oshkosh, Wisconsin, Project #12-003" as prepared by FKT&SS, LLC, Addendum #1 dated September 10, 2012, Addendum #2 dated September 11, 2012 and the Contractor's bid form dated September 14,2012. The Contractor's bid form is attached hereto as Exhibit A. If anything in the Contractor's 1 proposal conflicts with the CITY'S Bid Specifications or with this agreement,the CITY'S Bid Specifications and the provisions in this agreement 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 IV. 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 V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed by June 1 , 2013, unless both parties agree in writing to an extension. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $8,058, 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 to 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 VII. 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 2 • 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 VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S Bid Specifications dated August 28, 2012, referred to as the "Project Manual for the 2012 Tennis Court and Park Rehabilitation Stevens Park, City of Oshkosh, Wisconsin, Project#12-003" as prepared by FKT&SS, LLC. The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. 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: CONTRACTOR /CONSULTANT By /L/ 1..�— 0(CL..14,v (Seal of Contractor (Specify Title) if a Corporation.) 3 By: Ai (Specify Title) CITY OF OSHKOSH � ? By: Gtti— Sl�'�� Mark A.A. City Manager j � =V.,7)(2 -4 Y 9 (itness) / 71, z/( And a.�a L ) (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue It AA A� �� 6 /_4„J 4 under this contract. -_ City Attor - r City C� p`froller 4 SEPTEMBER 25, 2012 12-446 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AWARD BID FOR STEVENS PARK REHABILITATION PROJECTS FOR PARKS DEPARTMENT TO MUNSON, INC., FORTRESS FENCE, &VALLEY SEALCOATING, INC. (Total Aggregate amount of $78,502.00) INITIATED BY: PURCHASING WHEREAS, the City of Oshkosh has heretofore advertised for bids for Stevens Park Rehabilitation Projects for the Parks Department; and WHEREAS, upon the opening and tabulation of bids, it appears that the following are the most advantageous bids: Paving: MUNSON, INC. 6747 N. Sidney Place Glendale, WI 53209 Total Bid: $53,174.00 Fence: FORTRESS FENCE 1225 Lakeview Drive Green Bay, WI 54313 Total Bid: $17,270.00 Color Coating —Tennis Court +Alt#1: VALLEY SEALCOAT, INC. W6265 Contractor Drive Appleton, WI 54914 Total Bid: $8,058.00 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same,all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: CITY HALL 215 Church Avenue P.O.Box 1130 Oshkosh,Wisconsin 54903-1130 City of Oshkosh QfHKQ/H TO: Honorable Mayor and Members of the Common Council FROM: Jon Urben,General Services Manager DATE: September 17,2012 RE: Bid Award-Stevens Park Rehabilitation Projects BACKGROUND The Council approved and allocated $250,000 in the 2012 CIP for the Great Neighborhoods Public Improvement projects including$70,000 for Tennis Court reconstruction and$30,000 for site improvements. Projects to be completed as part of this project include include tennis court reconstruction; asphalt path resurfacing and ADA access to park facilities; tennis court fencing and athletic field backstop;and color coating tennis and basketball courts. ANALYSIS Working in conjunction with the Parks Department, Purchasing reviewed and prepared proposals seeking vendors for the site improvements. The bids were advertised in the local paper, sent to qualified contractors and posted online on Novus Vendor. Bids were received on September 14, 2012. The bid tab is attached. Parks Department and Purchasing staff reviewed the bids and concluded the low bids for the paving(Munson,Inc); fencing(Fortress Fence); and color coating (Valley Sealcoating Inc.)met the minimum bid specifications. FISCAL IMPACT This portion of the project will have a fiscal impact of$78,502. These items were budgeted in the 2012 CIP Great Neighborhoods Public Improvements at$100,000. Funding would be charged to CIP A/N#: 323-0740-7216-06134. RECOMMENDATION Purchasing recommends the Common Council award the paving to Munson, Inc for$53,174,the fencing to Fortress Fence for$17,270 and the color coating to Valley Sealcoating Inc. for$8,058. Respectfully Submitted, Approved: • Jon Urben,General Services Manager Mark Rohloff,City Manager BID TAB STEVENS PARK TENNIS COURT&PARK REHABILITATION BIDS OPENED SEPTEMBER 14,2012 BID VENDORS NAME/ADDRESS PAVING FENCE COLOR COATING Tennis Court Alt#1 Fortress Fence 1225 Lakeview Drive $17,270.00 Green Bay WI 54313 Frank Armstrong Enterprises Inc $5,962.00 $5,680.00 8535 W Kaul Ave Milwaukee WI 53225 Munson Inc 6747 N Sidney Place $53,174.00 $8,455.00 $6,262.00 Glendale WI 53209 Valley Sealcoat Inc W6265 Contractor Drive $4,883.00 $3,175.00 O,1251 Appleton WI 54914 Northway Fence Inc N57W13250 Shenandoah Drive $21,757.61 Menomonee Falls Wig 53051 Security Fence&Supply Co Inc N1357 Municipal Drive PO Box 320 $17,618.00 Greenville Wig 54942-0320 Rammer Fence Inc 1955 Stillman Drive $22,500.00 Oshkosh WI 54901 &----)(///,..3 /T` A DOCUMENT 005000-C COLOR COATING BID FORM SUBMITTED BY: Company: VA\ e ' N C_ Address: \i4 62. (o S Co (4 T1 AC1 -al■crt'drt q t�f Estimator: ''t3•Lx- KRAtnAe Phone Number(e:) Ore° - 377-rn t SUBMITTED TO: City of Oshkosh c/o City Clerk's Office City Hall 215 Church Avenue Oshkosh,WI 54901-1130 FOR: 2012 Tennis Court& Park Rehabilitation Stevens Park Oshkosh, WI PROJECT NO:: 12 - 003 OWNER: City of Oshkosh—Parks Department 215 Church Avenue Oshkosh, WI 54901 The undersigned, being familiar with the local conditions affecting the cost of the work and with the Contract Documents, including the Advertisement for Bids, Instructions to Bidders, General and Supplementary Conditions, Divisions 01, 31 and 32: and Plans on file in the City Clerk's Office, in accordance with the provisions thereof, hereby proposes to furnish all labor, materials, and equipment necessary for: Acknowledgement of Addenda: Addendum # / Date Received: 9/u A Z Addendum # Z Date Received: 9 /�t,. Z BASE BID: Bid Package#1 !! Color coating and striping of one tennis court for the sum of:. �ovf• 111o■3S fl E'C,wr ycA.10,7Z," li= "t001/4Lk�4k ct f3 $ 3 a o 005000-1 Alternate#1 Color coat and stripe existing asphalt basketball court for the sum of: """cisWee l'►d`'S prfl OBE E I-+�N- Slcc'�►� J%1, -�tvtc :�.1�ra+Z� d • $ 3 t ''iS'. In submitting this bid, it is understood that the right is reserved by the Owner to reject any and all bids and it is agreed that this bid may not be withdrawn for a period of 60 days after the date of the bid opening. The Owner reserves the right to accept any or all Bid Items regardless of the order listed. It is the Owner's intent to award the contract to one contractor. All Addenda shall become part of the bid and the work, and shall be acknowledged above in the spaces provided. A bid shall be rejected if it contains any alteration or erasure unless the alteration or erasure is corrected as herein provided. An alteration or erasure may be crossed out and the correction thereof printed in ink or typewritten adjacent thereto and initialed in ink by the person signing the bid. The person signing the bid shall also file a certificate with the bid explaining the correction of the alteration or erasure. Each bid must be accompanied by bid security as described in the Instructions to Bidders. If a Corporation, what is the State of Incorporation: V\L‘,SC b Ni St If a Partnership, state full name of all co-partners: OFFICIAL ADDRESS Fl M NAME Nri 6265 GtMw c TR 7i Ack\ei eAlCb `ORPO1 ) 1 �'k- ° I LI By #9-7-"f#1.- - Titli P 5. ' NT By Title 005000-2 VALLE-J OP ID:TL ACCM'Er DATE(MM/DDITYYY) CERTIFICATE OF LIABILITY INSURANCE 09/20/12 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 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:. If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must 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 Phone:920-722-7531. T Todd Kriese Ansey&Associates,LLC Fax 920-722-9011 'R 920-722-7531 ime 920-722-9011 201 East Bell Street xa�xtr. �#A/C.Ncr Neenah,WI 54956 ass,Todd.Krieso@FV.Ansay.com Todd M Kriese INSURER(S)AFFORDING COVERAGE NAIC# INSUR rA:West Bend Mutual Ins Co 15350 INSURED Valley Sealcoat Inc. INSURER B:-: &Elenor LLC W6265 Contractor Drive INSURER c Appleton,WI 54915 INSURER 0: INSURER E INSURER F.:. COVERAGES CERTIFICATE NUMBER: 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 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,UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADM SUEDE NARY EPF I LI 1'DEP LTR TYPE OF INSURANCE . WVt, POLICY NUMBER IMWDDNYYY) fINWDDIYYYY) LIMITS. GENERAL LIABIUTY EACH OCCURRENCE $ ..1,000,000 A X COMMERCIAL GENERAL LIABILITY X BOB 0976355 02 04102/12 04/02/13 p D ) $ 200,000 CLAIMS-MADE MI OCCU MED EXP(My one puaar) 1 10,000 �. A PERSONAL.&.ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY,n I, CT' I I LOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED.,S INGLE MET 1,000,000 gj accident! A ANY AUTO X BCS 0976355 02 04102/12 04/02/13 BODILY INJURY(Per person) S ALL OWNED ' SCHEDULED BODILY INJURY(Per accident) S X HIRED SAUTOS X NON-OWNED RRTY DAMAGE AUTOS Pa accidend _ S X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000 A .,EXCESS LIAB CLAIMS-MADE. X CUB 0976357 02 04/02/12 04/02/13 AGGREGATE _ S 5,000,000 DED;.I X[RETENTIONS' 0 S ANEMPLOYERS' ' AI l A AND ABIUTY Y/N X TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE VBS'0976356 02 04/02/12 04/02/13 E.L EACH ACCIDENT $ 100,000 OFF(CErs.4aMER EXCLUDED? N N J A (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 100,000 yes,.describe under DESCRIPTION OF OPERATIONS below ._ EL.DISEASE•POLICY LIMIT $ 500,000 A Installation Float 8CS0976355 04/02/12 04/02/13 Installat 10,000 Deductibl 250 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Addldonal Remarks Schedule,If more space Is required) City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are all additional insureds using ISO Form W81482. CERTIFICATE HOLDER CANCELLATION CIOSOS2 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. Attn:City Clerk PO Box 1130 AUTHORIZED REPRESENTATIVE 215 Church Avenue Todd M Kriese Oshkosh,WI 54903-1130 ) ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- CONTRACTOR'S BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended 3. Except when required by written contract or to include as an additional insured any person or written agreement, the coverage provided to organization whom you are required to add as an the additional insured by this endorsement additional insured on this policy under a written does not apply to: contract or written agreement. a. "Bodily injury"or"property damage"occur- The written contract or written agreement must ring after: be: (1) All work on the ( } project (other than 1. Currently in effect or becoming effective dur- service, maintenance or repairs) to be ing the term of this policy;and performed by or on behalf of the addi- 2. Executed prior to the "bodily injury," "property tional insured at the site of the covered damage," "personal injury and advertising in- operations has been completed;or jury." (2) That portion of"your work"out of which B. The insurance provided to the additional insured the Injury or damage arises has been is limited as follows: put to its intended use by any person or con- 1. That person or organization is only an adds- organization other than another con- e 9 Y tractor or subcontractor engaged in tional insured with respect to liability arising performing operations for a principal as out of: part of the same project. a. Your premises; b. "Bodily injury"or"property damage"arising b. "Your work"for that additional insured;or out of acts or omissions of the additional c. Acts or omissions of the additional insured insured other than in connection with the in connection with the general supervision general supervision of"your work." of"your work." 4.,The insurance provided to the additional in- sured does not apply to "bodily injury," "prop- 2. The Limits of Insurance applicable to the erty damage," "personal injury and advertising additional insured are those specified in the injury"arising out of an architect's, engineer's, written contract or written agreement or in the or surveyor's rendering of or failure to render Declarations for this policy, whichever is less. any professional services including; These Limits of Insurance are Inclusive and not in addition to the Limits of Insurance a. The preparing, approving, or failing to shown in the Declarations. prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; and b. Supervisory, or inspection activities per- formed as part of any related architectural or engineering activities. WB 1482 06 06 West Bend Mutual Insurance Company Page 1 of 2 West Bend,Wisconsin 53095 C. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS Is amended with the addition of the fol- lowing: 4. Other Insurance b. Excess insurance This insurance is excess over: Any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract spe- cifically requires that this insurance be ei- ther primary or primary and noncontribut- ing. Where required by written contract, we will consider any other insurance maintained by the additional insured for injury or damage covered by this en- dorsement to be excess and noncontrib- uting with this insurance. When this insurance is excess, as a con- dition of coverage, the additional insured shall be obligated to tender the defense and indemnity of every claim or suit to all other insurers that may provide coverage to the additional insured, whether on a contingent,excess or primary basis. Page 2 of 2 West Bend Mutual Insurance Company WB 1482 06 06 West Bend,Wisconsin 53095 Best's Credit Rating Center- Company Information for West Bend Mutual Insurance Co... Page 1 of 2 Ratings & Criteria Center Regional Centers:Asia-Pacific I Canada)Europe,Middle East and Africa Vi For ratings and product access Login I Sian-u0 Home)About Us Contact Us Sitemap Ratings&Criteria ar West Bend Mutual Insurance Company »Home ! 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