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HomeMy WebLinkAboutCentruy Fence Company/Sign Division 2014 CONTRACTOR AGREEMENT- PAVEMENT MARKING REMOVAL - SAWYER STREET PROJECT FOR THE CITY OF OSHKOSH TRANSPORTATION - SIGN DIVISION THIS AGREEMENT, made on the 7T" DAY OF AUGUST, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CENTURY FENCE COMPANY, PO BOX 727, PEWAUKEE WI 53072-0727 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 attached hereto and 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: (JASON VOELKER, ESTIMATOR) 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: (GREG MAXWELL, MAINTENANCE SUPERVISOR, TRANSPORTATION DIVISION) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Specifications dated AUGUST 5, 2014, referred to as the "Request for Quotation" for PAVEMENT MARKING REMOVAL- SAWYER STREET PROJECT (THIS ATTACHED AS EXHIBIT A) 1 and the Contractor's proposal form dated AUGUST 6, 2014. The Contractor's bid form is attached hereto as Exhibit B. If anything in the Contractor's 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 by AUGUST 31, 2014 ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $2,939.40 (Two thousand, Nine hundred, Thirty nine dollars and 00/100) 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. 2 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 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 Specifications dated AUGUST 5, 2014, referred to as the "Request for Proposals" for PAVEMENT MARKING REMOVAL- SAWYER STREET PROJECT dated AUGUST 5, 2014, which is fully incorporated into this Agreement. If applicable, 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. 3 In the Presence of: CONTRACTOR /CONSULTANT By: miky Lianas . 15:4/1 /&.5/.0e4,1 (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By:: 4e6a M rk A. Rohloff, City M nager (Witness) �- t �` _ L . " L/cC And: I/,� �� .JP 1 (Witness) Pamela R. Ubrig, City lark APPROVED: I hereby certify that the necessary provisions have been made to etpay the liability which will accrue „/A' �� .A.Xe under this contract. City A" g-y A-ak.b0^ City Comptroller 4 EXHIBIT A 5 Magrady, Holly From: Maxwell, Greg Sent: Thursday, August 07, 2014 7:52 AM To: 'Jason Voelker' Cc: Collins, Jim; Magrady, Holly Subject: RE: Pavement Marking Removal Attachments: 20140806115228383.pdf; 20140806115211639.pdf Jason, Thanks for the quick response. Please schedule the work ASAP and notify me in advance when this can be done.. I've attached a couple of sample documents the city will need. -Greg From: Jason Voelker [mailto:JVoelker @centuryfence.com] Sent: Wednesday, August 06, 2014 2:20 PM To: Maxwell, Greg Subject: RE: Pavement Marking Removal Greg, New quote is attached. Thanks, Jason Voelker Highway Sales/Estimating Phone: 262-547-3331 Fax: 262-691-3487 Mobile: 262-993-3350 <ENTURY FENCE ..¢„ CBMPKNY fi',:A= S87T'kaF haC�4Gi nEqu.a�r From: Maxwell, Greg [mailto:gmaxwell(aci.oshkosh.wi.us] Sent: Tuesday, August 05, 2014 7:01 AM To: Jason Voelker Cc: Collins, Jim Subject: RE: Pavement Marking Removal Jason, Thanks for the quote. We do not need as much removed as originally discussed. Can you give me a revised quote for removing the following lines: • Sawyer St. between Witzel Ave. and Porter Ave.-All double yellow(1,216'), dash yellow (110'), dash white (540'), white lane lines (272'). • Sawyer St. south of Witzel Ave. -Center double yellow(140'), white lane line (978') and first dash white (10') 1 I've attached maps for reference. Please let me know when this could be done. If you have any questions call me on my cell—920-410-9753. -Greg From: Jason Voelker [mailto:JVoelker(hcenturyfence.com] Sent: Tuesday, June 24, 2014 10:56 AM To: Maxwell, Greg Subject: Pavement Marking Removal Greg, Please see attached quote. Let me know if you have any questions. Thanks, Jason Voelker Highway Sales/Estimating Phone: 262-547-3331 Fax: 262-691-3487 Mobile: 262-993-3350 <ENTURY FENCE COMPANY' ".. 901a.i5171Fffi ht+5.Ei4CC orou..4,41E°3m • 2 G Page 1 of 1 Google Maps 11 traffic Bicycling, Directions . . : H! 1 Y i t, e + 'A .'Ai a VW,.-...=+M_ —sr 1. r11 6' .. , r ': s ^>-y , # �' ' tt 1 ,R � 4 i( ` sit �`- R ,�.....� s-_ 1 � tl .. � t++tlad •�:��> M+:s.y .w-.,..._,� ` ......ti}f F r tr ` 1 " '''2r--"2 4) ` ?� r , an : ,�, # a � a rte_ +,,:.,,,'..,s c' �1 i a ° 1 i :. ,24 +4144‘, , - 0.i "{"u3 .€y� AY ,J k,d 1 .� S 1 : 0- r=. na f x r ; 1 =.asst..IDV, .w,G.. c:_. -.-.a-:-.— r ._ y � a 9 e @. 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F,' - '_ .,, S � f - `tom �P `.� • '' C— h: 41♦ r± w • r �' 'VP' '1 �'. 1 , ,t, .,- - '_i .a ■31 4 n.r. .d, i -' ,•'' W!4th�Ave r r- �,.: • Imagery ©2014 DigitalGlobe, USDA Farm Service Agency, Map 500 ft data ©2014 Google https:/hvwtiv.google.com/maps/a 44.0201326,-88.5569018,983m/data=!3m1!le3 8/5/2014 EXHIBIT B 6 CENTURY FENCE P.O. Box 727, Pewaukee, Wisconsin 53072-0727 COMPANY (262)547-3331 Pavement Marking Division ISO 9001:2000 Certified Equal Opportunity Employer Fax(262)691-3487 1-800-558-0507 Project: Saywer Street City of Oshkosh Winnebago County, Wisconsin Letting: August 6, 2014 Proposal: Line Estimated Unit Bid Bid Number Item Description Unit Quantity Price Amount Removing Pavement Markings LF 3,266 0.90 2,939.40 Century Fence licny Total 2,939.40 Per: 41,3 Voelker, Estimator er•+centu fence.com Cell: 262-993-3350 Date: August 6, 2014 Notes: Based on one mobilization Quote must be accepted within 30 days to remain valid Includes removing all longitudinal lines by grinding Does not include removing crosswalks, stop bars, or symbols •