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HomeMy WebLinkAboutBadger Laboratories/Ind Wastewater Discahrge Sampling CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5115 FAX(920)236-5106 LETTER OF TRANSMITTAL To: Badger Laboratories Date: May 4, 2012 501 West Bell Street Project: Ind. Wastewater Discharge Sampling Neenah, WI 54956 From: Carol Marchant, Admin. Assistant Re: 2012 Agreement Attn: Please find: ® Attached ❑ Under Separate Cover El Copy of Letter ❑ Contracts ® Agreement ❑ Report El Agenda ❑ Meeting Notes El Photos ❑ Mylars ❑ Change Order El Plans El Specifications ❑ Estimates El Diskette El Zip Disk ❑ Other Quantity Description 1 Signed Agreement These are being transmitted as indicated below: El For Approval ® For Your Use El As Requested El For Review&Comment Remarks: Signed: t' Q*-,e €2.2,tit cc: City Clerk (original) Public Works Department(original) Steve Brand (original) City Attorney(copy) AGREEMENT THIS AGREEMENT, made on the /011 day of A p n I , 2012, by and between the CITY OF OSHKOSH, party of the first part, Hereinafter referred to as CITY, and Badger Laboratories and Engineering Inc , 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 Contractor's proposal is attached hereto and reflects the agreement of the parties except where they conflict with this Agreement, in which case this Agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this Agreement: Richard O. Larson — 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: Richard Wood —WWTP Pretreatment Coordinator ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the Contractor's Proposal dated March 27, 2012. If anything in the contractor's proposal conflicts with this agreement, the provisions in this agreement, the provisions of this agreement 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. H:lstephanblWastewater Treatment Pre-Treatment Program\Badger Labs\Badger Labs Agreement 4-19-12.doc Page 1 of 4 ARTICLE IV. CITY RESPONSIBILITIES 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 Agreement shall be commenced and the work completed by March 31, 2015 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. City of Oshkosh Bid Proposal 3. Contractor's Bid In the event that 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 VII. PAYMENT A. The Agreement Sum. The City shall pay to the Contractor 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: • Bid 2012-2013 $44,472.00_Lforty four thousand four hundred and seventy two Dollars). • Bid 2013-2014 $44,472.00_Lforty four thousand four hundred and seventy two Dollars). • Bid 2014-2015$44,880.00_Lforty four thousand eight hundred and eighty two Dollars). • Attached unit price schedules shall be firm for the duration of this Agreement. H:\stephanb\Wastewater Treatment\Pre-Treatment Program\Badger Labs\Badger Labs Agreement 4-19-12.doc Page 2 of 4 B. Method of Payment. The Contractor shall submit itemized monthly statements for services. The City shall pay the Consultant 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 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 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 IV. INSURANCE The Contractor agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE X. TERMINATION A. For Cause. If the Contactor 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 Agreement 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. H:lstephanb1Wastewater Treatment\Pre-Treatment Program IBadger Labs\Badger Labs Agreement 4-19-12.doc Page 3 of 4 In the Presence of: CONTRACTOR ,a,-/-443‘ -- 2.6734w/->-J4. By: �A-,-,/d.-<4--'4- -) (Seal of Contractor (Specify Title) if a Corporation.) a . J. H 0/ ,,By: w~ b.b •y4..••. ti•° >> S ,n (Specify Title) PUBLIC :' V�. •. c w 1.•.--;.>:•-•........-" s,' ''",>' 'fist,El:4;IllkIl't 7 CITY OF OSHKOSH A ( itness) Mark A. Rohloff, City Manager L1 � � L```am` �; �LL4tY) A Ati� . And: i t ,Wiiess) Pamela R. Ubrig, City C erk r APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which �... whic will accrue under this Agreement.� t (../ _ I• al .. t A . 4, f ity Attor e e /)") City Comptroller H:Istephanb\Wastewater Treatment 1Pre-Treatment Program\Badger Labs\Badger Labs Agreement 4-19-12.doc Page 4 of 4 . „�......0,1 BADGE-2 OP ID:JT A�RL CERTIFICATE OF LIABILITY INSURANCE DATE(/13/12YY) 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'If9URER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. „ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 certificate4OeS not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 920-722-7531 CONTACT Doreen Janssen Ansay&Associates,LLC PHONE ' -- "°" .., -t 'SAX 201 East Bell Street 920-722-9011 (ac,No,Ext,920-722-7531 ,:_ _, ,__ •O0). 920-722-9011 Neenah,WI 54956 E-MAIL ADDRESS:doreen.janssnsay.com Glenn L.Vander Loop __ INSURER(S)AFFORDING COVERAGE NAIC# INSURER A General Casualty Insurance Co 124414 INSURED Badger Laboratories& INSURER B Nautilus Insurance Company Engineering Company Inc 501 West Bell Street INSURER C J Neenah,WI 54956 INSURER D: INSURER E: I 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. INSRI ---A-DBL'SUBRI - - - POLICY EFF I POLICY EXP i LTR' TYPE OF INSURANCE I INSR WVD POLICY NUMBER (MM/DD/YYYY)I(MM,DD/YYYY)I LIMITS GENERAL LIABILITY i EACH OCCURRENCE $ 1,000,000 A X I COMMERCIAL GENERAL LIABILITY X ICC10879059 . 01/01/12 01/01/13 DAMAGE;E TO RENTED :$ 600,000 PREMISES(Ea occurrence) - CLAIMS-MADE I x OCCUR + i .MED EXP(My one person) 1 S 5,000 J PERSONAL&ADV INJURY l $ 1,000,000 I J GENERAL AGGREGATE I $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER 1 l PRODUCTS-COMP/OP AGG J$ 2,000,000 I POLICY 1 X 1 jE(,T 1 I LOC I $ COMBINED SINGLE LEFT 1,000,000 I AUTOMOBILE LIABILITY rEa accdent) -_. :?....._ ALL OWNED SCHEDULED CBA 0879057 01/01/12 01/01/13 BODILY INJURY Per person) �S ` NON-OWNED r__._ A X ANY AUTO (I i I BODILY INJURY(Per accident)I$ . AUTOS I AUTOS .._.. __—_ i...___.__ : 1 PROPERTY DAMAGE !$ X HIRED AUTOS l X I AUTOS I : i iP ra Cdenti_ I• 1 i I $ X UMBRELLA LIAB X OCCUR • ? EACH OCCURRENCE 4' 1,000,000 A EXCESS LIAB 1 1 CLAIMS-MADE CCU 0879058 1 01/01/12 01/01/13 i AGGREGATE I$ 1,000,000 DED ); X I RETENTIONS 0 I I 1,$ I WORKERS COMPENSATION J X WC STATL- 0TH AND EMPLOYERS'LIABILITY - I_._.._LIOR LNIT.S.... ._EB .__-__...._...__.--_. .._.._._._ A ANY PROPRIETOR;PARTNER/EXECUTVE i iN CWC0879056 01/01/12 01/01/13 E.L.EACH ACCIDENT IS 100,000 IOFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) 1 - S 100,000 : If yes,describe under J r E.L.DISEASE-POLICY LIMIT E': $ 500,000 : DESCRIPTION OF OPERATIONS below _B ;Prof.Cont.Pollut 1CPP200306600 07/01/11 07/01/12 1Prof Cont II Pollution 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS(VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) ADDITIONAL INSURED IN RESPECTS TO GENERAL LIABILITY: THE CITY OF OSHKOSH, THE CITY OF OSHKOSH'S ELECTED OR APPOINTED OFFICIALS AND EMPLOYEES TO THE EXTENT REQUIRED BY WRITTEN CONTRACT OR AGREEMENT CERTIFICATE HOLDER CANCELLATION CIOSOSI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. Superindendent of Utilities PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh,WI 54903-1130 v .,y-ems,---' ( ©1988-2010 ACORD CORPORATION, All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD BADGER LABORATORIES & ENGINEERING Industrial Wastewater Sampling and Analysis Program is on file and available for review in the City Clerk’s Office