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HomeMy WebLinkAboutGround Effects of WI/Grounds & Landscape CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5115 FAX (920)236-5106 LETTER OF TRANSMITTAL To: Ground Effects of Wisconsin, Inc. Date: December 17, 2014 PO Box 3937 Pro�ect: Grounds/Landscape Services Oshkosh, WI 54903-3937 From: Carol Marchant, Adm. Assistant Re: Contractor Agreement Attn: Charly Boelter Please find: � Attached ❑ Under Separate Cover ❑ Copy of Letter � Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantit Descri tion 1 Full Executed Contractor A reement for Grounds and Landsca e Services for Redevelo ment Authorit RDA and Go Transit ori inal These are being transmitted as indicated below: ❑ For Approval � For Your Use ❑ As Requested ❑ For Review 8�Comment Remarks: cc: City Clerk (original) Purchasing (copy) Transit (copy) City Attorney (copy) , CONTRACTOR AGREEMENT.• GROUNDS AND LANDSCAPE SERV/CES FOR REDEVELOPMENT AUTHOR/TY jRDAI AND GO TRANS/T W/TH GROUND EFFECTS OF W/SCONS/N, /NC THIS AGREEMENT, made on the 26T" day of November, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and GROUND EFFECTS OF WISCONSIN INC., P.O. BOX 3937, OSHKOSH, WI 54903- 3937, 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 reflect�s the agreement of the parties except where it conflicts with this agreement, in which case 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: (Charly Boelter, Ground Effects of Wisconsin, 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: (Darlene Brandt — Community Development) ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Quotation for Grounds and Landscape Services City of Oshkosh Redevelopment Authority (RDA) and GO TRANSIT dated 10/29/14 and the Contractor's Cost Proposal dated 1 1/10/14 attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications shall govern. 1 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 COMPLET�ON The length of this agreement will be for three (3) years commencing upon the date both parties have signed the contract through October 31 , 2017. The contractor's quote will be considered binding for the length of the initial three year term. The City reserves the right to extend the contract at the end of the initial three- year term for up to two, one-year renewals. Should the City extend the contract term to year 4 or year 5, any fee increases shall be submitted in writing to the Purchasing Division by August 1 of 2017 and August 1 of 2018. In the event that one or both parties wish to terminate this agreement before the end of the contract period a 60 day notice shall be given. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract based on the rates of the Contractor's cost proposal attached as Exhibit A, 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 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. 2 ARTICLE IV. 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 V. 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 are identified within the Invitation for Quotation for this project dated 10/29/14. ARTICLE VI. 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� l ��L v ���� (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH ..� _�� /, '� _ By• � (ti� Ci`' t'����1� � '. �� , � ���� Mark A. Rohloff, City Manager / , (Wi ness) _ ; �,��' �C.- '� '��--- A n d: ' ness) . ' , An�zlcti �. o�e.Kel� �e�P��-� C`��y �I�rIL APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue � 1. � � � ,; �-� under this contract. -- City At�ney � �1Q� ��� City Comptroller 4 � � -_ ����rr�4 REQUEST FOR QUOTATI�N: GROUfVDS � I.ANDSCAPE SERV(CES CITY OF OSHKOSH COST FROPOSAL: PAGE 'i OF 2 From: ��� �F�r�o� �01� � Jw�t, (bidder's company name) We, the understgned� propase to carry ouf the assigned seruices in accorclance wifh the specifications� for a thr�ee-year ferm affective upon cantract signing by hoth parties thraugh Qcfober 31,2Q97, far the foliowing rates. Rafes shalt include atl cost of labor, materials and use of machi�ery, regardless of tF�e number of personnef engaged in these services manually, or by using equipment. Scope 9: VYeed Cutting and Lawn Care Services ;�for Gfty af Oshkosh Redevelapment Au�horitylCtty-Ownecf Parcels 1. Total cost ta provide weed cutting and/or iawn $ 3Z0� per everrt care services outlined in Exhibit A. 2. Average per square foof rate(€or any added $ . o�b� per sc�. ft. or deleted parce(s in fuEurB}. 3, Flat fee rate forgrassltreelbrush/dir#remaval $ ��� per ha�r where unusual conditions#�ava occurred (piease indicate equipmentilabor per hour rate). Scope 2: St�ow and Ice Remova! of Ci�y of Oshkash Redeve[opm�nt AufharitylCtty- Owned Parcels 1. Total cost fo shove(siclewafks Iisfed on Exhibit $ S�S� per event B (including any�ock sait application if needed). 2. Average�er Itneal fo4t rate{for any added $ � <( per linea(f#. or deleted parcels in future). 3. Flat fee rate for removal of snow where unusual condifians have occurred{pfease list equiprnent!labor rates�er hour) a. Snor�v removallloading $ 3� per hour b. Disposal $ 3� per haur Scope 3: Snow and ice Re�noval fln Sidewalks, Concrete Pavemenf Areas andlor� Benches af GO TRANSIT She[ters 1, Total cost to ctear snow from atf shelters as $ �$O�b per event outlined in Exhibit C(including application of roc3�salt as needed}. 00 2. Fiat fee cosf per shelter#a clear snow{including $ 3� per shelter applPca�ion of rock salt as neeried). 19 REQUEST FOR QUOTATION: GROUNDS & LANDSCAPE SERVICES CITY�F QSHKOSH COST PROPOSAL; PAGE 2 OF 2 3. Total cost fa clear snow from alf banches as $ 2��� per eyent ouflirtad in Exhibit C (including applicatian af rock sa(t as needed). 4. Flat fee cost per bench to clear snow{including $ ��� per bench application of rock saft as needec!). List three references af past or current �rojects of similar scope to the work described in these specifrcations: �ast or Current Froject Company Name Contact�nforma�ion ].._ C�'P�t C�e rr�� I C� ��rilarl. �'�'�1 OG � ,�eu 2..�S�tmSl� ��t�t.oe��wsr ' .T.— �..d�1 A� eur�s e� 3. �o T,�a..�s« C�� oF �a-+�.�su� Llst and describe equipment you wilf use to carty out this scope of work: S"1�bVEL 1 SA�►t�+rl ��Vel��. BQ�CI�T � �c.tR�S�o�,1A�t. L���6cE� PIAW Date: _ 11� �o�1� Campa�ty: a� a� .s } r�� Address; 3 �1 �o ���3 S�bmltted by: _ ��.y �o�,� �mal1: �40`Y�`f� �0.v►dscalpr�j -�3�sc,a►�sc�n,cat� Phone: �2b +��0 1 oy S Signature: Term: NET' t S 20 CtT1'HRLL 215 Chu�ch Avenue P O.Box 1134 Oshkus54 C3-1130 Gity of Oshkt�sh O.fHKO.lH T0; ALL GROUNDS AND LANDSCAPE SERVICE VENDORS FRQM: �CTTY OF OSHKOSH - PURCHASING���� DATE: Nouember 7, 2014 SUBJECT; ADDENDUM REVISED MAP, EXHIBiT A AND B Attach.ed is the map, and Exhibit A and B, these were updated because a few properties were not iisted on the original specification. When submitting your quatation pf�ase. acknowle�ge receipt of this Addendum C��'`�'�`�l Acknowledge receipt of Addendum# i C..-,r��w ��s oF W l , �a L, Venda/Contractor Name oz *�v� .