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Home My WebLink AboutSnow Removal/DC Construction 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. Chris DuPrey _ Date: December 8, 2011 DC Construction Subject: Executed Agreement for Snow & Ice PO Box 3385 Removal Oshkosh, WI 54903-3385 Please find: ® Attached ❑ Under Separate Cover El Copy of Letter ® Contracts ❑ Amendment ❑ Report El Agenda ❑ Meeting Notes ❑ Photos El Mylars ❑ Change Order El Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk El Other Quantity Description 1 Executed Agreement for Snow & Ice Removal These are being transmitted as indicated below: El For Approval ® For Your Use El As Requested El For Review& Comment Remarks: Enclosed is the executed agreement for snow and ice removal for the Ci of Oshkosh. If you have any questions, please contact us. V / 08 CAF City Attorney's Office— Copy FC) City Clerk's Office — Original Purchasing Department— Copy — cc: File— Original Signed: IA Tracy,L': Y-ylor I1Engineering\SNOW SHOVELING FOLDERS\Snow Removal Contracts\2011 new contractlLOT-Executed DC Agreement_12-8-II.doc Dec. 2. 2011 9: 14AM City of Oshkosh No. 8872 P. 10 AGREEMENT FOR SNOW AND ICE REMOVAL THIS AGREEMENT. made on the 1st day of December,2011, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and DC Construction, PO Box 3385, Oshkosh, WI 54903-3385, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named,enter into the following Agreement. The City's Request for Quotations is attached to this Agreement, along with the Contractor's Pre-Qualification information and work proposal. The terms of this Agreement and the City's Request for Quotations will prevail over the Contractor's Proposal if there are any inconsistencies between these documents. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor has assigned the primary individual identified' below to manage the project described in this Agreement. The Contractor also assigns the second individual identified below as qualified to make all decisions for the Contractor if the primary person is not available: Mr. Chris DuPrey, President Mr. Chris Schmude, Vice 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 individuals to manage the project described in this contract Ms. Laurie Pehlke, Secretary Mr. Steven Gohde, Assistant Director of Public Works ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the City's Request for Quotations. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. All reports, drawings, photographs, electronic data, specifications, computer files, field data, notes, and other documents and instruments prepared by the Contractor as instruments of service shall remain the property of the City. I Englneenng SNOW SHOVELING FOLCERS%Snow Removal Convecle @ot 1 new conI,acI DC Canewction Snow ShoveOnp ConV■cL12-.2.1I.doe Pogo 1 of 4 Dec.. 2. 2011 9: 14AM City of Oshkosh No, 8872 P. 11 ARTICLE IV. CITY REPONSIBILITIES 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 TIME IS OF THE ESSENCE IN THIS CONTRACT. ALL TIME LIMITATIONS AND DEADLINES WILL BE STRICTLY ENFORCED BY THE CITY. The work to be performed under this Agreement shall be commenced and the work completed within the time limits as described in this Agreement, including any attachments. The Contractor/Consultant shall perform the services under this Agreement with expediency and with sound work practices. The nature of the work required by this agreement will occur in or around inclement weather, namely snow, ice,and other weather events involving precipitation. The Contractor therefore shall perform work in, and accommodate situations arising from, inclement weather. The Contractor will not be responsible for damages arising directly or indirectly from any delays for cause such as strikes or other labor disputes by organized labor. ARTICLE VI. 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. Request for Quotations 3. Contractor's Pre-Qualification information 4. Contractor's Proposal In the event that any provision in any of the above component parts of this Agreement is in conflict with any provision in any other of the component parts, the provision in the component part first listed above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE VII. PAYMENT A. Payment Amount. The City shall pay to the Contractor for the performance of the Agreement based upon the prices identified in the Contractor's Proposal, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. I..%EnolneeMptSNOW SHOVELING FOLOERS'Snow Removal Conlracle12011 new conIIeenDC ConsWcllon Snow Shoveling ConVect_12.2.1I doe Page 2 or 4 Dec.. 2. 2011 9: 15AM City of Oshkosh No. 8872 P. 12 . B. Method of Payment. The Contractor shall submit itemized 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. ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS AND INDEMNIFY 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 Agreement, or 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 carry insurance which includes the City and its employees and agents as an additional insured's for work required by this Agreement. The Contractor's insurance must be primary insurance. The type of insurance and coverage's must conform to the attached City of Oshkosh Insurance Requirements. ARTICLE X. TERMINATION This Agreement may be terminated for any reason by either party. The City may terminate this Agreement after giving the Contractor written notice at least seven (7) calendar days before termination. The Contractor may terminate this agreement after giving the City written notice at least forty-five (45) days before termination. The Contractor's obligations to hold harmless and indemnify the City, and to maintain insurance for actions related to this Agreement shall survive after the Agreement has been otherwise terminated. The Contractor shall be entitled to compensation for any satisfactory work performed up to the date of termination. • : npineenng∎SNOvv SHOVELING FOLDERS1Snow Removal ConliecI'.2011 new conliacmc conswc lion Snow Shoveling Con,ed_12.2.11.don Page 3of4 Dec. 2. 2011 9: 15AM City of Oshkosh No. 8872 P. 13 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 ► t _ _ I • . . #' By: (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH ir rL•+� By: (Witn-ss) Mask A. Rohloff, City Manager f r ' e And: ilk 'l At-A1, - ( itness) ��,,a - Clerk _ �� .na APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this Agreement. ,A I A elikg _ A C y Atto ,e w City C rdller I:1Enpinee4n9 5NOW SHOVELING FOLD RStSnow Removal Contractst201 t new contract=ConsuvcSon Snow Shoveling ContrecL.12.2-1 t.doc Page 4 of 4 AGORD:TM CERTIFICATE TIF6CATE • L IAB1LITY ENSU A CE :'''.6:':"...T ,� .'s> '..' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON THE .. ANDREW T BALLARD INFORMATION CERTIFICATE RURAL MUTUAL INSURANCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1091 S WASHBURN ST ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OSHKOSH WI 54904 COMPANIES AFFORDING COVERAGE COMPANY INSURED A RURAL MUTUAL INSURANCE Storm Companies Inc. COMPANY 4553 CTY RD E B COMPANY PO Box 3385 C Oshkosh WI 54903 COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENTS, 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. CO TYPE OF INSURANCE POLICY POLICY EFFECTIVE POLICY EXPIRATION LTR NUMBER DATE(MM/DD/YY) D-ATE(MM/DD/YY) LIMITS A GENERAL LIABILITY GENERAL AGGREGATE ®COMMERCIAL GENERAL LIABILITY $2,030,000 IDCLAiIv1S MADE ®OCCUR PRODUCTS-COMP/OP AGG $ CPP 021136 02/0112011 021012012 PERSONAL ADV INJURY DOWNERS&CONTRACTORS PROT EACH OCCURRENCE $ 1' "� FIRE DAMAGE(Any one fire) $ 1.000,000 El MED EXP a one $ 50,000 A AUCOMBILE LIAGILrrY (any person) $ 5,000 ANY AUTO COMBINED SINGLE LIMIT $ 1,000000 DALL OWNED AUTOS SCHEDULED AUTOS BAPG0198o1 02/012011 02/01/2012 BODILY INJURY $ (Per Person) HIRED AUTOS ❑NON-OWNED AUTOS BODILY INJURY $ ❑ Per o } $ - A GARAGE LIABILITY PROPERTY DAMAGE DANY AUTO AUTO ONLY•EA ACCIDENT S - CI OTHER THAN AUTO ONLY $ _ EACH ACCIDENT $ E AGGREGATE s • A MESS L1ASILffY EACH OCCURRENCE $ I II UMBRELLA FORM CPPG021136 02/012011 ' 02212012 AGGREGATE $4,000,000 OTHER THAN UMBRELLA FORM $ A WORKERS COMPENSATION AND EMPLOYERS LIABIUTT ❑ TOWC RY YLIMI OTHER WRKG020413 02/01/2011 02/012012 TORY LIMITS I THE PROPRIETOR/ ❑ INCL EL EACH ACCIDENT PARTNERS/EXECUTIVE EL DISEASE-POLICY LIMIT $100,000 OFFICERS ARE: �EXCL • rz Hiss ASE -EA EM?LOYFr A OTHER $100,000 — - DESCRIPTION OF OPERATIONS/LOCATIONSAIEHICLES/SPECIAL Additional Insured on iheLiebility policy arising out of project work shall be City of Oshkosh,and its officers,council members,aoents,employees and authored volunteers. T I E1 ?61#Q.3QER jWGEL1 T:f0 4, City Of Oshkosh SHOULD ANY OF THE P2O E DE RISED POLIOIES DE CANC01-ED Bi--ORE THE 215 Church Ave EXaIRATION DATE THEREOF.THE ISSLIkNG COATJANY WKL ENDEAVOR TO Wt. PO Box 1130 _XL DAYS VdRffTrrN NOTICE TO THE CERTIFICATE HOLDER N.14)40 SO THE LEFT. Oshkosh WI 54303 1130 L TO MAI SUGN NOTICE SHA:.r IMPOSE NO OBLIGATION OR LIABILITY ANY Kr 5. 7 ._ 0 A , ITSS ENTS OR REPRESEENTATrvES. 'ITHORIZED I' Received Time Dec. 8. 2011 1 : 58PM No. 8986 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations you- c,'t 111Ar t Ocr�� Gicn i e5 `, Un001 1/ chin- -ecrn , Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II — Who is An Insured is amended to include as an additional insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for"bodily injury" or"property darn- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". Received Time Dec. 8. 2011 1 : 58PM No. 8986