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HomeMy WebLinkAboutContractors Agreement GB Lead Services LLC I r39 9. Cio 046r City of Oshkosh CONTRACTOR AGREEMENT: CITY OF OSHKOSH THIS AGREEMENT, made on the 4th day of November, 2020 by and between the CITY OF OSHKOSH, party of the first part,hereinafter referred to as CITY,and GB LEAD SERVICES,LLC,1537 PARK PLACE, ATE 200A, GREEN BAY,WI,54304,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 I. 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: ".. This Instrument B. 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 II. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: 'Trevor Vannieuwenhoven, General Manager,GB Lead Services LLC) Chances 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. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi,us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Heath FeaveI,Oshkosh Police Department) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in their proposal dated October, 29'h, 2020 attached as Exhibit A. 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 shall be completed by no later than Jan 1st, 2021. Any changes to this completion date must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$16,837.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Fee schedules shall be firm for the duration of this Agreement. i. 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. ii. Additional Costs. Costs for additional services shall be negotiated and set forth in a written .;menament to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. •=.RTICLE VIII. STANDARD PROVISIONS The CONSULTANT agrees in all hiring or employment made possible by or resulting from this :?reement, there will not be any discrimination against any employee or applicant for employment Because or race, color,religion,sex,sexual orientation, gender identity,or national origin. riRTICLE IX. CONTRACTOR TO HOLD CITY HARMLESS pie Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, ,.rims 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 =1.bcontractors related however remotely to the performance of this Contract or be caused or result from ry vioiation or any law or administrative regulation,and shall indemnify or refund to the City all sums includine-court costs.attorney fees and punitive damages which the City may be obliged or adjudged to pay on any sucn claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE X. 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 XI. TERMINATION C. 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. D. 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 CON LTANT By: �,� lo(A.) (Seal of Contractor if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH By:I i� M„..--p,A. Rohloff,CityManager (Witnessi g (11.\,L And: ) • (Witness) Pamela R.Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. • ttorney City Comptroller -� Ts -Eon,\o -- t c GB LEAD SERVICES 1537 PARK PLACE, STE. 200A GREEN BAY, WI 54304 PHONE (920) 660-8819 WEBSITE: gblead.com ENVIRONMENTAL SERVICES PROPOSAL October 29, 2020 PROPOSAL SUBMITTED TO: Oshkosh Police Department 420 Jackson St. Oshkosh, WI 54903 Sgt. Heath Feavel 920-252-0211 (c) 920-236-5757 (o) hfeavel@ci.oshkosh.wi.us GB LEAD SERVICES 1537 PARK PLACE, STE 200A GREEN BAY, WI 54304 PHONE (920) 660-8819 Oshkosh Police Department October 29, 2020 Oshkosh, WI 54903 Proposal # 102920 RE: Filter & Ballistic Dura-Block replacement and hazardous waste disposal Attn: Sgt. Heath Feavel We are pleased to submit the following proposal for your approval. WORK PROPOSED&AMOUNT GB LEAD SERVICES proposes to complete the following work. Price includes labor, materials, hazardous waste transportation and disposal. All work performed in accordance with OSHA 29 CFR 1926.62 Lead Exposure in Construction. 1. Backstop & Range: a. Provide and replace(36) Dura-Blocks b. Recycle any recovered lead c. HEPA vacuum floors of the range,viewing room and gun cleaning room d. D-Lead wipe furniture of the range,viewing room and gun cleaning room e. Supply DOT approved hazardous waste Gaylord boxes for transportation and disposal of the used, contaminated Dura-Blocks 2. VENTILATION SYSTEM a. Provide, replace&dispose of(10) Pre-filters and HEPA air filters from Range Exhaust Ventilation Unit b. HEPA vacuum the filter bank and filter room c. Supply DOT approved hazardous waste Gaylord boxes for transportation and disposal of the used,contaminated filters COST: $ 16,837.00 OPTIONS 1. ENCAPSULATOR TRAPS a. Provide and have delivered: Range Systems Portable Encapsulator Bloc Bullet Traps with Portable Encapsulator Full Frontal Shields. b. The traps come disassembled COST: $ 2,148.00 each plus shipping 2 2. SIDE PANEL DEFLECTOR PLATE INSTALLATION a. Provide and install steel deflector plates adjacent to both sides of the block wall backstop to prevent further damage to the hollow block walls of the range. b. The deflector plates will be 80" high and 72"wide. c. The plates will be installed using(3) pieces of 24"x 84"x%" ballistic steel per side, (6) total. d. The deflector plates will be secured to the wall using masonry fasteners. e. The deflector plate installation will be done in conjunction with the range wall maintenance. COST: $ 5,968.00 3. SIDE PANEL DEFLECTOR PLATE INSTALLATION (24"x 96" x%") a. Provide and install steel deflector plates adjacent to both sides of the block wall backstop to prevent further damage to the hollow block walls of the range b. The deflector plates will be 84" high and 96"wide c. The plates will be installed using(4) pieces of 24" x 84"x'A" ballistic steel per side, (8) total d. The deflector plates will be secured to the wall using masonry fasteners e. The deflector plate installation will be done in conjunction with the range wall maintenance COST: $ 7,347.00 MATERIAL "AR500 steel plate is a premium abrasion resistant steel plate, heat treated to exhibit through-hardening, improved forming, and welding capabilities. With a typical BHN of 460—544, the protection AR500F provides in wear applications is exceptional. Used in the manufacture of mining equipment,the truck- trailer industry, and the concrete/aggregate industry,AR500F steel possesses excellent resistance to slide wear, rub wear and heavy wear. It can also withstand high impact stresses, even at extremely low temperatures.With its ability to withstand high impact stress,AR500 has been widely popular for its uses in body armor and ballistic plates." (SOURCE: http://www.chapelsteel.com/ar500-ar500f.html) SUPPLEMENTARY CONDITIONS TO GENERAL PROJECT 1. Containment area is off limits to all personnel except employees of GB Lead Services 2. Oshkosh Police Dept.will provide secure, indoor storage are to stage hazardous waste Gaylords until the hazardous waste disposal company can pick them up for transport. 3. Oshkosh Police Dept. will receive the Dura-Blocks from a common carrier and store them until the scheduled date of replacement 4. This proposal is valid for 60 days. Start Date and Completion Time GB Lead Services will start the project in a timely manner after receiving a Purchase Order or signed Acceptance of Proposal. Completion time will be one to three days depending on options. Start date will be coordinated with the customer. 3 Special Lead Project Insurance and Employee Training This project is a lead hazard decontamination project. GB Lead Services carries Contractors Pollution coverage specifically for Lead Operations with a$2,000,000.00 general aggregate occurrence policy. All employees of GB Lead Services have been trained as Wisconsin Certified Lead Abatement Workers or Supervisors. TERMS AND CONDITIONS The following conditions are hereby made a part of the proposal on the preceding page or the reverse side of this sheet and are to be considered a part of the contract entered between us by the signing of the acceptance and approval on the reverse side and the performance of each of which shall be a condition precedent to any right of claim or recovery hereunder: This contract constitutes the entire agreement between GB Lead Services(Contractor), an equal opportunity employer, and Buyer(named on preceding page or reverse side of this sheet.) TIME: The contractor is to receive notice in writing at least 10(ten) business days before Contractor is required to have men and materials on the job site, once started,Contractor will be permitted to complete without interruption, except as may be specifically agreed upon in writing. CHANGE IN THE WORK: The Buyer may order changes or additions to the work within the general scope of the contract. Such changes shall be authorized by one of the following: (1) written Change Order signed by the Buyer or Buyer's agent, or(2) Extra Work Order or Completion Notice signed by the Buyer or Buyer's agent. The cost from a change in the work shall be determined by Contractor's cost of labor, material, equipment and reasonable overhead and profit. STORAGE AND SERVICE: Buyer will furnish,without cost to Contractor, a convenient room on the premises that can be kept locked, in which to Store materials and equipment. Buyer will supply all necessary heat, light,electricity, elevator or hoist service and water. MOVEMENT OF PROPERTY: Unless specifically stated otherwise in this contract, Buyer is responsible for moving and replacing furniture and equipment for our access to the work area. PAYMENT: Payment of all or any part of the amount of this contract which may be due or become due Contractor shall in no way be contingent upon the acceptance of work done by others and over which Contractor has no control. No responsibility is hereby assumed for work done by anyone other than by Contractor. Payment is due paid within thirty(30) calendar days from date of invoice. Payments due and unpaid shall bear interest on the 31St day at a rate of 1.5%per month or the legal rate prevailing at the place where the project is located. If it becomes necessary to incur any expenses in the collection of money due hereunder, including reasonable fees of 25%,costs and disbursements, it is understood that same shall be paid by Buyer. DAMAGE BY OTHERS: Any expense borne by Contractor relating to repairs to and replacement of any part of Contractor's work, due to damage thereto caused by this failure, repair, or replacement of the work of others,shall be added to the amount of this contract and be considered a part thereof. CLAIMS: Claims for non-fulfillment of this contract shall be made no later that thirty(30) calendar days after completion of the work. 4 UNFORESEEN CONDITIONS:This contract is based on visual conditions. Should unforeseen conditions arise that could not reasonably be determined by visual inspection prior to starting work,such additional work shall be performed on a Time and Material or Firm Bid Basis, after Buyer or his agent has been notified of such. CONTINGENCIES: All agreements herein contained are contingent upon availability of specified materials, strikes, boycotts, accidents, inclement weather, earthquakes, or other Acts of God which the Contractor could not have reasonably foreseen or provided for or against. In the event of the negligence of Buyer, Contractor is entitled to recover the value of the work and materials already furnished, and contractor is excused from further performance. BUYER PURCHASE ORDER: If customer issues a purchase order, none of its terms and conditions shall modify or supercede the terms and conditions of this contract. Contractor's failure to object to the terms contained in any communication from you will not be a waiver of the terms set forth in this contract. PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON YOUR PROPERTY MAY HAVE LIEN RIGHTS ON YOUR LAND AND BUILDING IF THEY ARE NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THIS PRIME CONTRACTOR,ARE THOSE WHO CONTRACT DIRECTLY WITH YOU OR THOSE WHO GIVE YOU IDENTIFICATION NOTICE WITHIN (60) DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR CONSTRUCTION. YOU SHOULD GIVE A COPY OF EACH NOTICE YOU RECEIVE TO YOUR LENDER, IF ANY,GB LEAD SERVICES AGREES TO COOPERATE WITH YOU AND YOUR LENDER, IF ANY,TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID. 5 ACCEPTANCE OF PROPOSAL GB LEAD SERVICES 1537 PARK PLACE, STE 200A GREEN BAY, WI 54304 PHONE (920) 660-8819 Oshkosh Police Department October 29, 2020 Oshkosh, WI 54903 Proposal # 102920 RE: Filter & Ballistic Dura-Block replacement and hazardous waste disposal Attn: Sgt. Heath Feavel Authorization by J rlelfQ,t VallideUMetthOliett Trevor Vannieuwenhoven General Manager/Owner The above ENVIRONMENTAL SERVICES proposal is accepted as quoted and you are authorized to proceed with the work specified. Payments will be made as outlined above. Date: Signature: Print Name: Title: Please sign and return one(1) copy of this proposal acceptance or provide a Purchase Order. 6 A�j D CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/11/2020 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 CONTACT Ansay&Associates, LLC. GB NAME: Liz VanDenHeuvel 1710 Lawrence Drive i ic.No.Extl: 902-370-4227 FAX No):920-437-4179 Suite 100 E-MAIL liz.vandenheuvel@ansay.com De Pere WI 54115 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Cincinnati Insurance Company 10677 INSURED GBLEADS-01 INSURER B:Westchester Surplus Lines Insurance Company 10172 GB Lead Services, LLC 1543 Park Place, Ste 200A INSURER C:Middlesex Insurance Company 23434 Green Bay WI 54304 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1489295413 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. INSR ADDL SUBR LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYW) (MMlDD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y G28149372 003 8/8/2020 8/8/2021 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $50,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 _ OTHER: $ A AUTOMOBILE LIABILITY Y ENP 0398128 8/8/2020 8/8/2021 (EO accIidentSINGLE LIMIT $7,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED x NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ B UMBRELLA LIAB X OCCUR Y G28149402 003 8/8/2020 8/8/2021 EACH OCCURRENCE $2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED I X RETENTION$n $ C WORKERS COMPENSATION A0068417001 8/8/2020 8/8/2021 X STATUTE X ERµ AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandator),in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Contractors Pollution Liability G28149372 003 8/8/2020 8/8/2021 Each Poll.Condition $2,000,000 Deductible $5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Oshkosh is included as additional insured on General Liability Policy per endorsement ENV-3100(08-04)&Auto Liability Policy per form AA4004(03-06) as required by written contract.30 days notice of cancellation endorsement on above listed General Liability,Auto Liability&Excess Liability policies. Project Name:Safety Building Firing Range Maintenance Project. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh,Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903-1130 k 444 401 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 420 Jackson Street Oshkosh,WI 54901 City of Oshkosh Tel: 920-236-5720 I E Fax:920-236-5087 Police Department wwv.oshkoshpd.com PROFESSIONALISM • PRIDE • INTEGRITY • TEAMWORK ISM MEMORANDUM RECEIVED - NOV 1 8 2020 TO: City Manager's Office CITY CLERK'S OFFICE FROM: MaiNue Khang, Office Manager RE: GB Lead Services LLC contract for the Police Department range maintenance DATE: November 13, 2020 Attached is the Contractor Agreement with GB Lead Services LLC, to perform the lead maintenance for the police department's shooting range, for City Manager Mark Rohloffs and City Clerk Pam Ubrig's review and signature. Please returned the signed agreement to the police department or purchasing so we can schedule the date of services detailed in this agreement. The Mission of the Oshkosh Police Department is to promote public safety and to enhance the quality of life in our community through innovative policing and community partnerships