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HomeMy WebLinkAboutAdvanced Asbestos Removal 885 & 905 W 17th 2020AGREE '(1 t 20, by and between made on the day °f ed to as CITY, and This AGREEMENT, of the first part, hereinafter ref 54904, part3 of the CITY OF OSHKOSIR partyINC.,1063 County Road FF, Oshkosh, ADVANCED ASBESTOS REMOVAL, the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: and the CONSULTANT, for the consideration hereinafter named, enter into The CITY DISPOSAL OF ASBESTOS MATERIALS the following AGREEMENT for REMOVAL AND FROM 885 AND 905 WEST 171H AVENUE, ARTICLE I. PRO ECT MANAGER indivi dual in theiCONSULTANT s AGREEMENT: shall assign the following A. Assignment of Project � to manage the PROJECT described Ralph Zempel —President 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 AGREEMENT: James Rabe, P.E., CPESC—Director of Public Works ARTICLE 11I. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANVs Proposal. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. 1:\Engineering\�018 CONTRACi5\1801 Kiewst-Ponlus LF\Project IWonwtion\Contract Wo\ContradOFCOMWtant Agreements\AAR\AAR Agreement-AsbestosR val12-r-19.doa Page I of All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documents by the CITY to the CONSULTANT, and shall remain the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re -perform any services not meeting this standard without additional compensation. ARTICLE V. OPINIONS OF COST FINANCIAL CONSIDERATIONS AND SCHEDULES hi providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VII. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT'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. ME-9i.-rin8\2818 CDNTRACIS\1"1Ki.... t-P..1. LF\ProjeRINotmaH.Mn -Wd 4do\ContraaorCo ,dl ,Agm .m \AAR\AAR Agreement -Asbestos Removel13-V-19.d= Page 2 of 6 ARTICLE VIII. CITY'S INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all project work including the value of all onsite CITY -furnished equipment and/or materials associated with CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of such policy. ARTICLE IX. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Proposal. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE X. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts, all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. CONSULTANT's Proposal dated December 19, 2019 and attached hereto In the event any provision in any of the above component parts of this AGREEMENT 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 XI. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: L\Engine¢ring\2018CONTRACTB\18-01 Kieust-Paulus LF\Prop¢ t_1aomaian\Comm INo\Commnor-Cokultmt Agreements\A \A Ag mt-As tos 12emavaLl2.V-19.doa Page 3 of 6 v • Lump Sum Not to Exceed $3,150 (Three Thousand One Hundred Fifty Dollars). B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (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 CONSULTANT 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. D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s) not including documentation. ARTICLE XII. STANDARD PROVISIONS The CONSULTANT agrees that, 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 XIII. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify the CITY for all sums including court costs, attorney fees, and damages of any kind which the CITY may be obliged or adjudged to pay on any such claims or demands upon the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all 1:\Engineeri�\2111g CONTRACTS\1B01 Ki t-Paulus LF\Pmjert_]Normation\Contra& I Page4of6 O\Conhador-Cmvuhmt Agreements\AAR\AAR Agreement -Asbestos Removes 12-2]-19.d= liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re -use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XIV. INSURANCE The CONTRACTOR agrees to obtain General Liability Coverage of $500,000 per occurrence. The following must be named as additional insureds — City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted to the applicable City department prior to commencement of the work. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non- renewed until at least 30 days prior written notice has been given to the City Clerk — City of Oshkosh. ARTICLE XV. TERMINATION A. For Cause. If the CONSULTANT 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 CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (10) calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT 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. ARTICLE XVI. RE -USE OF PROTECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. The CITY agrees to indemnify CONSULTANT and CONSULTANTS officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized re -use, change, or alteration of these project documents. I:\Engineering\21118 CONTRACI5\lg-01 Kkmg-Paulus LF\Proj djnfoemation\Contno Page 5 of 6 Wo\ConkadonC mWtmt Agre ments\AAK\A Agreemmt-Asbestos2 movaL12-V-19.dm g ARTICLE XVII. SUSPENSION DELAY OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. ARTICLE XVHL NO THIRD -PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third -party beneficiaries. In the Presence of: (Seal of Consultant if a Corporation) (Witness) CONSULTANT By: 4 Nesiden �- (Specify Title) By: (Specify Title) CITY OF 1AE-gitceeNng\W1800NIAAM\1"1 Ki i-Paulus LF\Pr*cLInformation\Contract Wo\Cmn aclorComultant Agreements\AAR\AAR Agn t-Asbestos Removal_13-V-19.do Director of Public Works Page 6 of 6 1063 County Rd. FF Oshkosh, WI.54904 Phone:920-589-5077 Fax:920-589-2907 advasbestosOmmail. com I Customer City of Oshkosh Dept Public Works 215 Church St PO Box 1130 Oshkosh. WI 54903-1130 _Office # 920-236-5195 Fax # AN w ADVANCED 'ros REM OY F-w- k DEC 19 2019 DEPT OF PUBLIC WORK OSHKOSH, WISCONSIN Proposal I Date I Estimate # I 12/19/2019 I 19302 859/886/905 W. 17th Ave. Oshkosh, WI 54902 _ 920-236-5195 Description Total Prior to demolition by others. 3,150.00otal Remove and dispose of asbestos materials listed in the asbestos inspection report. Per quantities, locations and descriptions Price includes 10 working day notification to DNR and $400.00 fee. Remove. 1. 859 W. 17th St. Oshkosh. No removal required. Not included. To go with demolition debris. 4 SF asphalt roofing tar. 2. 885 W. 17th St. Oshkosh. 185 SF linoleum. Kitchen, steps and landing 3 layer thick 145 SF duct paper. Throughout. Not included. To go with demolition debris. 4 SF asphalt roofing tar. 3. 905 W. 17th St. Oshkosh. 135 SF linoleum. Kitchen. Not included. To go with demolition debris. 4 SF asphalt roofing tar. Contact Alt Phone Pepemfully Submitted byiew s0laX�( Total $3,150.00 Ralph Zempel. President The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to complete the work as specified. Payment will be made as outlined below. Additionally, we reserve the right to withdraw this proposal if not accepted within 30 days. Signature Date Included in the proposal is the following: 1) Labor, materials, and disposal costs. Unless otherwise noted. 2) Liability, workers compensation, pollution insurance ($1,000,000.00 coverage). Certificate of insurance upon request. 3) Notification to DHS/DNR prior to start of project per proposal. 4) All documentation including disposal manifest will be provided when project is completed. 5) Compliance of work performed will comply with all OSHA, DNR, EPA, DOT, and State of Wisconsin regulations governing the removal of asbestos materials. 6) Certified Asbestos Company #170720. All employees performing asbestos related activities are certified by Wisconsin Dept. of Health Services. 7) Terms: Net 30 days upon substantial completion. 1.5% finance charge per month will be assessed on all overdue inoices. Lien waiver upon request. �1® CERTIFICATE OF LIABILITY INSURANCE DPDATED ` oR0 v INSURANCE DATE (MMIDDNYYY) 12/30/2019 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(ies) must have ADDITIONAL INSURED provisions or 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 Bonding &Insurance Specialists Agency, Inc. In California, DBA Bonds and Insurance Services, Lic.#0795489 13841 Southwest Highway Orland Park IL 60462-1354 INSURED Adva RECEIVED Advanced Asbestos Removal, Inc. 1063 County Road FF BAN — S 2020 CONTACT Karen O'Connell NAME: PHONE 708-598-5355 N, ; 708598 6686 -RIAIADDRESS; koconnell@bisa-inc.com INSURERS AFFORDING COVERAGE NAICS INSURERA: ARCH S ecial Insurance Company21199 INSURER a: ARCH Insurance Compan 11150 INsuRERc: INSURER D : INSURER E : Oshkosh DE?°Yk p . 54904 INSURER F: ,�1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LIS AVE 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 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TO THE POLICIES DESCRIBED HEREIN WHICH THIS IS SUBJECT TO ALL EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THE TERMS, INSR ADOLS R LTR TYPE OF INSURANCE POLICY NUMBER MPMOIDCDYEFF MMNCY E%P UNITSA X COMMERCIAL GENERAL LABILITY X X CLAIMS -MADE X❑ OCCUR 12 EMP 43638 15 EACH OCCURRENCE $ 01/01/20 01/01/21 1,000,000 PREMISES(Ea occurrence) $ 100,000 MED EXP Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1.000,000 GENL AGGREGATE LIMITAPPLIES PER PODCV X❑ LOC GENERALAGGREGATE $ 2,000,000 JET PRODUCTS -COMP/OPAGG $ 2,000,000 OTHER B AUTOMOBILE LIABILITY X X 11 CA658291 08 06/30/19 06/30/20 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 ANYAUTO BODILY INJURY (Per person) $ OWNED X BODILY BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Par accident $ A X UMBRELLA LAB X OCCUR X X 12 EMX 92927 07 01/01/20 01/01/21 EACH OCCURRENCE $ 2,000,000 AGGREGATE If 2,000,000 EXCESS LAB CLAIMS -MADE CGUCPUPL, Auto ✓£ I I Employers Liability $ DED RETENTIONS B WORKERS AND X EBWCC00031-10 06/30/19 06/30/20 X STATUTE ERH EMPLOYERS'LABI�LITY ,,/N E.L. EACH ACCIDENT If 1,000,000 OF CER/MEM EANYPROPRIETORPEXCLUDEED?�CIli1VE 7 N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMB $ 1.000,000 DESCRIPTION OF OPERATIONS below "E'= "` A X X 12 EMP 43638 15 1/01/2 1/01/21 a20Je,eW-AGGREGATE OCCURRENCE O FORM PR0FE68lO1%LL LIABILITT-CWMSM EFORM M,00a,OpOaCW-PERPo-AGGREMTECLWM 51 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may ba attached If more space is required) ALL ASBESTOS PROJECTS. City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are named as Additional Insureds. 30 Days Notice of Cancellation. fLf1TIL,II, TC• L, �, war CITY OF OSHKOSH P.O. BOX 1130 215 CHURCH STREET OSHKOSH, WI 54903-1130 ATTN: TRACY TAYLOR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD I ne A�Vlliu name ana logo are registered marks of ACORD reserved.