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HomeMy WebLinkAboutPaul Conway Shields & Oshkosh/5.11 Tactical Uniforms ORIGINAL CONTRACTOR AGREEMENT: 5.11 TACTICAL SERIES UNIFORMS FOR THE CITY OF OSHKOSH FIRE DEPARTMENT THIS AGREEMENT, made on the 14TH day of JUNE, 2017, by and between the CITY OF OSHKOSH,party of the first part,hereinafter referred to as CITY,and PAUL CONWAY SHIELDS, 14100 W CLEVELAND AVE, NEW BERLIN WI 53151, 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 1. 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: 1. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal 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 1I. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (KEVIN MOELLER,PAUL CONWAY SHIELDS) 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. 1 ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (JON FENRICH,BATTALION CHIEF,OSHKOSH FIRE DEPARTMENT) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled"5.11 TACTICAL SERIES UNIFORMS dated MAY 2,2017,and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications 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. TIME OF COMPLETION The work to be performed under this contract term is 2017, 2018, 2019 with 2 one-year renewals. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of PER PRICING OF ATTACHED BID 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. 2 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. ARTICLE VIII. 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 IX. 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 as Exhibit B. ARTICLE X. 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 ,�;e. V , By. /j,} r (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By, Mark A.Rohloff, City Manager (Wit es _..., _...._ n J2 4LIZ And; .... / 7... tress) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. Ci y Att" ney I'm Q�Mzrn City Comptroller 4 EXHIBIT A 5 PROPOSAL ITEMS Shirts Polo—5.11 Tactical Series #71182 short sleeve polo - 100% cotton. Color: 724-Dark Navy. Estimated quantity 150 more or less. Polo shirt is to have Oshkosh Fire Department embroidered patch on left chest and Oshkosh Fire silkscreen on upper back. Polo Shirt #71182 sm-xxl 2017150 more or less Each 2018150 more or less 410 Each 2019 150 more or less . ® Each Polo Shirt#71182 xxxl and up 2017150 more or less C ©�� . Each 2018 150 more or less �. ©� Each 2019 150 more or less �� o Each job Shirts —5.11 Tactical Series #72314 -82% cotton 18%polyester color 1/4 Zip Job Shirt, Color: 720-Fire Navy.Estimated quantity 100 more or less. Job shirt is to have Oshkosh Fire Department embroidered patch on left chest and Oshkosh Fire silkscreen on upper back. Job Shirt#72314 sm-xxl 2017 80 more or less Each 2018 80 more or less 15 . ®=' Each 2019 80 more or less 40 Each 9 Job Shirt#72314 xxxl and up 2017 80 more or less 6 q °� Each ov 2018 80 more or less Each 2019 80 more or less ?d • Each Tee Shirts,— 5.11 Tactical Series #40050-720 100% Cottons short sleeve Tee Shirts. Estimated quantity 200 more or Iess. The Tee shirts will have OSHKOSH FIRE silk screened on the back and the Oshkosh Fire Dept Log silk screened on the left chest. Job Shirt#40050-720 sm-xxl 2017 200 more or less /' '. �� Ea,ch 2018 200 more or less Each 2019 200 more or less Each Job Shirt#40050-720 xxxi and up 2017 200 more or less / fit'. q0 Each 2018 200 more or less pe © Each 2019 200 more or less l 4 Each Pants — 5.11 Tactical Series #74398 pant 100% cotton canvas, color: 720-Fire Navy. Estimated quantity 250 more or less Pants#74398 up to 44 2017 250 more or less PSI Each 2018 250 more or less Each 2019 250 more or less 30• t Each 10 Pants #74398 46+ 2017 250 more or less ��� � Each 2018 250 more or less �/�> Each 2019 250 more or less qt .• Each Coats 5.11 Tactical Series 3-in-1 Parka. Color:Fire Navy. Estimated quantity 6 more or less. Oshkosh Fire Department embroidered on left chest, outer shell, and inner fleece liner. SM-xxl 02 2017 6 more or less �LD-CEach 2018 6 more or less Each 2019 6 more or less Each Coats xxxl and up 2017 6 more or less Each 2018 6 more or less Each 2019 6 more or less Each 11 DELIVERY: Shirts �' t���lc=, Pants ) - L� tares "- f ackets -jackets WARRANTY: Shirts Pants jackets v c3� n TERMS: �N )- 5.1.1 Certificate or support document of 5.11 certified dealer(please attach with bid) ej NAME OF COMPANY SUBMITTED BY: �l c�'y i A /V l ca e,, )I-e,- NAME I-e,- NAME OF INDIVIDUAL SUBMITTING BID 201 iglooW Cle%je1����-+�.� DATE ADDRESS CITY STATE ZIP ( goo) ej__6-5— t'r,I fi-q TELEPHONE NUMBER k►��� Plae r�J�aa� �or����.a Er��l cls , �ta;� EMAIL OF CONTACT PERSON 12 5.11 TACTICAL OPS CENTER 5.11 TACTICAL DEV CENTER 5 4300 Spyres Way I Modesto,CA 95356 1360 Reynolds,Suite 1011 Irvine,CA 92614 Tel:209.527.45111 Fax:209.527.1511 Tel:949.600.15111 Pax:949.777.4795 mllL, May 16th, 2017 City of Oshkosh 215 Church Ave. PO Box 1130 Oshkosh,WI 54903-1130 Re: Paul Conway Shields-Authorized Dealer To Whom It May Concern: This letter acknowledges that Paul Conway Shields, 14100 West Cleveland Ave, New Berlin,WI 53151, is an authorized dealer for 5.11 Tactical in good standing.This dealer is authorized to bid 5.11 products in the state of Wisconsin. Paul Conway Shields is authorized to sell and distribute 5.11 Tactical products at retail and online. If there is any additional information you require, please contact the following: Jeff Riederer at Jriederer@511tactical.com or call at 262-370-6365 Sincerely, A*Qa°WW- Stefan Ballage North Central Region Director CC:Jeff Riederer WWW.511TACTICALCQM 1 866.451.1726 ALWAYS BE REAWY EXHIBIT B 6 OP ID: KG ,d►�RO' CERTIFICATE OF LIABILITY INSURANCE DATEMM/ 05//23/22017017Y) 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) 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 CONTACT NORTHBROOK INS.ASSOC.,INC. NAME: P.O.BOX 780 A/C NNo ExtI:NE AIC No): MENOMONEE FALLS,WI 53052- E-MAIL Robert L Butzke ADDRESS: PRODUCER PAULC-2 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED Paul Conway Shields,Inc INSURERA:West Bend Mutual 15350 PO Box 510086 INSURERS: New Berlin,WI 53151-0086 INSURERC: INSURER D: 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1�TR TYPE OF INSURANCE ADDL SUB POLICY NUMBER MMIDDY EFF MMIDD� LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 '.. A X COMMERCIAL GENERAL LIABILITY 0111041278 02/20/2017 02/20/2018 PREMISES ET Ea occurrence)nce $ 200,00 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 10,00 PERSONAL&ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 JECT —1 POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) A X ANY AUTO 0111041278 02/20/2017 02/20/2018 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIREDAUTOS (PER ACCIDENT) X NON-OWNEDAUTOS $ UMBRELLA LIAB X I OCCUR EACH OCCURRENCE $ 3,000,00 X EXCESS LIAR CLAIMS-MADE AGGREGATE $ 3,000,00 A 0111041278 02/20/2017 02/20/2018 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION XWCSTATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 0111041278 02/20/2017 02/20/2018 E.L.EACH ACCIDENT $ 100,00 OFFICER/MEMBER EXCLUDED? F—] N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,00 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) '.. CERTIFICATE HOLDER CANCELLATION CITYOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF OSHKOSH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church St. OSHKOSH,WI 54903-1130 AUTHORIZED REPRESENTATIVE r ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD