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HomeMy WebLinkAboutTom Frisque/Muskrat Trapping CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5065 FAX (920) 236-5068 LETTER OF TRANSMITTAL To: Mr. Tom Frisque Date: September 20, 2011 6273 County Road MM Subject: Signed 2011-2012 Muskrat Trapping Larsen, WI 54947 Agreement Fair Acres, Northwest Industrial Park, & Southwest Industrial Park Detention Basins 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 Quantity Description 1 Signed 2011-2012 Muskrat Trapping Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review & Comment Remarks: Enclosed is the signed 2011-2012 Muskrat Trapping Agreement. A Purchase Order will follow shortly. Please put the Purchase Order Number on all of your invoices. If you have any questions, please contact us. City Clerk's Office — Original City Attorney's Office — Copy / (py,/.cc: _File —Original Signed: / Tracy . aylor H:\tracyt\Requisitions\Toni Frisquc\LOT-Signed Agreement-2011-2012 Muskrat Trapping_9-20-I I.doc AGREEMENT THIS AGREEMENT, made on the o20 day of .Se her , 2011, by and between the CITY OF OSHKOSH,party of the first part,hereinafter referred to as CITY,and Tom Frisque,6273 County Road MM,Larsen,WI 54947,hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONTRACTOR shall assign the following individual to manage the project described in this contract: Tom Frisque 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 PROJECT MANAGER The CITY shall assign the following individual to manage the project described in this contract: James Rabe, P.E., CPESC, Civil Engineer II ARTICLE III. SCOPE OF WORK The CONTRACTOR shall provide the services described in the CITY's Request for Proposals and Proposal of the CONTRACTOR. If anything in the Proposal conflicts with the Request for Proposals,the provisions in the Request for Proposals shall govern. Both the Request for Proposal and the Proposal are attached to this agreement. The CONTRACTOR may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. I:\Engineering\Storm Water Information\City Drainage Basin Inspection Page 1 of 3 Folder\Muskrat Removal\Fall 2011 Muskrat Removal Agreement Form.doc 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 and the work completed within the time frames listed in the Tentative Schedule attached to the CITY's Request for Proposal. ARTICLE III. PAYMENT A. The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the contract on a per bid item basis not to exceed the total of$2,260.00,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 invoices no more frequently than monthly for services rendered. 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. 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. I:\Engineering\Storm Water Information\City Drainage Basin Inspection Page 2 of 3 Folder\Muskrat Removal\Fall 2011 Muskrat Removal Agreement Form.doc ARTICLE V. 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 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. CONTRACTOR CITY OF OSHKOSH By: By: Thcj teven M. Gohde, Assistant Director of 7"1 1.,p.p H Public Works (Title) I:\Engineering\Storm Water Information\City Drainage Basin Inspection Page 3 of 3 Folder\Muskrat Removal\Fall 2011 Muskrat Removal Agreement Form.doc City of Oshkosh 2011- 2012 Muskrat Trapping Request for Proposal BACKGROUND The City of Oshkosh has discovered that muskrats have caused damage to emergent vegetation and shoreline and bank erosion and destabilization at several municipally owned storm water management facilities. State of Wisconsin Administrative Code SectionNRl2.10(1)(b)1(d) allows landowners, occupants, and/or agents to trap muskrats without a permit,that are causing damage to dikes, dams, shorelines or roadways. Administrative Code Section NR12.10(3)(c)requires that the person performing the trapping to have a valid license. The State of Wisconsin does NOT allow trapped muskrats to be released onto state lands. With permission, the animals may be relocated to private land elsewhere, otherwise the animals shall be dispatched. Section 6-10 of the City of Oshkosh Municipal Code prohibits "Any unlicensed trap, snare, spring gun, set gun, net or other device or contrivance which might entrap, ensnare, or kill games, or any trap without a metal tag attached as required by Section 29.03(5) State of Wisconsin Statutes, except for live traps." The goal of this contract is to reduce or eliminate the muskrat population at these detention basins. The work covered by this proposal shall include the furnishing of all materials, equipment, and labor to install, maintain and remove muskrat traps in the detention basins described below. The Contractor shall inspect the traps at a sufficient interval to ensure trapping ability, and remove all trapped animals and dispose of offsite. The trapped animals shall become the sole property and responsibility of the Contractor. The Contractor shall install, maintain and remove traps in the Fall of 2011, and again in the Spring of 2012 at the following detention basins: > Fair Acres Detention Basin, located in front of Pick-N-Save North, near the intersection of Murdock Avenue (STH 21) and Jackson Street (STH 76). > Northwest Industrial Park Detention Basin, located on Femau Avenue just west of Vinland Street. > Southwest Industrial Park Detention Basins (East, Middle, West), located along Atlas Avenue, just north of STH 91 and west of Oakwood Road. The attached location maps show where each of the above sites is located within the City of Oshkosh. Also attached is a copy of the City of Oshkosh Insurance Requirements and an example contract. Article III of the Insurance Requirements shall apply to this contract. SCOPE OF SERVICES 1. Meet with City Project Manager prior to trap installation to verify location and discuss number of traps to be installed. 2. Install traps and mark location with lath. Contractor may phase trapping, but shall install traps at each site during each season. City of Oshkosh 2011 - 2012 Muskrat Trapping Proposal Form Bid Item Description Quantity Units Unit Price Total 1 Mobilization 2 Each 5:30, oG %G6,0, 2 Set up, inspect, maintain and remove trap 150 Each Sp 6 79;- 3 Remove and dispose of trapped muskrats 75 Each 7,Go S�S Total: 6 0a Submitted By: 7-0-6—) EA;.SC (Name) 6,� 7? 6:624 ,T4- i d ,-`a-a (Address) (Address) Za.,.scams i ���`, L(�`t� (City, WI, Zip) (%.-RG') ? 7 (Phone) (Fax) cZec `t (Email) (Signed)