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HomeMy WebLinkAboutAquatic Biologists, Inc (2014) ORIGINAL PROFESSIONAL SERVICES AGREEMENT: AQUATIC PLANT MANAGEMENT SERVICES—AQUATIC BIOLOGISTS INC. THIS AGREEMENT, made on the 18TH day of February 2014, by and between the CITY OF OSHKOSH,party of the first part,hereinafter referred to as CITY,and AQUATIC BIOLOGISTS,INC., N4828 US HWY 45, Fond du Lac, Wisconsin, 54937, hereinafter referred to as the CONSULTANT, WITNESSETH: That the City and the Consultant,for the consideration hereinafter named,enter into the following agreement. The Consultant'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. PROJECT MANAGER A. Assignment of Project Manager. The Consultant shall assign the following individual to manage the project described in this contract: (Robb Langjahr, Territory Manager, Aquatic Biologists Inc.) 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 contract: (Bill Sturm, City of Oshkosh Parks Department) ARTICLE III. SCOPE OF WORK The Consultant shall provide the engineering services described in the Consultant's "Aquatic Plant Management"estimate/proposal dated 2/18/14. If anything in the Consultant's proposal conflicts with this agreement, the provisions in this agreement shall govern. The Consultant may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE IV. CITY RESPONSIBLITIES 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. 1 • ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall commence immediately and work will be completed no later than November 1, 2014 unless both parties agree to extend the completion date in writing. ARTICLE VI. PAYMENT A. The Contract Sum.The City shall pay to the Consultant for the performance of the contract for aquatic plan management treatment applications as needed throughout the term of this contract but not to exceed the estimate of$26,427.80,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 Consultant 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 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. ARTICLE VII. CONSULTANT TO HOLD CITY HARMLESS The Consultant 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 Consultant,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. ARTICLE VIII. INSURANCE The Consultant shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is attached and listed as: "III. Professional Services Liability Insurance Requirements." ARTICLE IX. 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. 2 B. For Convenience. - The City may terminate this contract 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. In the Presence of: CONSULTANT if -7 i � 4=( z% I� JJ . C - By: rY , 1 % i y .r 4 6 4 ; (.. -5. -7 e I I (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH a By: .*, :/?'-/(4/....— ` A elan ► I . Mark A. Rohloff, City Manag r ( es.1 ,.. �' ® n _ ,fir i. i L '►�j►:. iti And: ` 1 ' • ( 14 Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been 1 made to pay the liability which will accrue under this Sicontract.rt� c1 " A_40 ity Attorney r 1C . 1..) AM . City h• ptrollerj-,L • 3 N4828 Highway 45 S.,Fond du Luc, WI 54937 Estimate .Aaitt.0 (920)921-6827 800-442-6648 Fax:(920)921-1690 DATE ESTIMATE# • > Specialists in Lake&Pond Management,Services,&Supplies 2/6/2014 925 BILL TO NAME/ADDRESS SHIP TO/WORK SITE Attn:Ray Maurer&Bill Sturm Miller's Bay,Lagoon,Boat Launches City of Oshkosh-Parks Dept. P.O.Box 1130 Oshkosh,WI 54903-1130 • PROJECT Estimate Valid Until ABI PROJECT REP PAYMENT TERMS 4/7/2014 RWL Net 30 1 1/2%Month QTY DESCRIPTION PRICE EACH UM TOTAL Millers Bay Projected Treatment Estimate(if needed) 9 1st Treatment,Granular Systemic Herbicide for EWM(3ppm 960.00 8,640.00 based on 36 acre feet) 9 2nd Treatment,Liquid Contact Herbicide 808.00 7,272.00 Zoo Pond and Lagoon 6.4 1st Treatment,Liquid Systemic Herbicide for EWM 552.00 3,532.80 3 2nd Treatment,Liquid Contact Herbicide-Spot 935.00 2,805.00 24th Ave and Fugelburg Boat Launch 1 1st Treatment-Early Season-24th Ave 950.00 950.00 1 2nd Treatment-if needed-24th Ave 798.00 798.00 2 1st and 2nd Treatments-if needed-Fugelburg 815.00 1,630.00 Mileage/Travel will vary depending on project ranging from 0.00 0.00 $35.00-$75.00 per visit 1 Lagoon Spring Aeration Maintenance Estimated 800.00 800.00 0%down with return of this contract Balance due net 30 days from application SUBTOTAL $26,427.80 SALES TAX(0.0%) $0.0o TOTAL $26,427.80 All material is guaranteed to be as specified.All work to be completed in a substantial workmanlike manner according to specifications submitted.per standard practices.This is an estimate-not a bid.Any alteration or deviation from above specifications involve extra costs will be executed only upon written orders,and will incurr extra charges over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control Owner to carry fire,tornado and other necessary insurance.Our workers are fully covered by Workmen's Compensation Insurance. Finance charges in the amount of l%x%per month will be charged on all unpaid balances until balance is paid in full.Payments and finance charges not received within 90 days will be placed for collections plus collection fees.Any legal and/or court fees incurred by Aquatic Biologists,Inc.in their attempt to collect unpaid balances will be the responsibility of client. Acceptance of Proposal:The above prices, specifications and conditions are are herby accepted.You are authorized to do the work as specified.A downpayment has been submitted and remainder of payment will be made according to the TERMS. CLIENT SIGNATURE �j��� DATE .2 / /1 / f`' - N 4828 US Hwy 45 South Fond du Lac,Wisconsin 54937 �/,�. Your Specialists in Lake&Pond Management, Phone 920-921-6827 ✓cJGC2/01 1<g.ec1. C/?.G Services,Consulting&Supplies since 1977 Fax 920-921-1690 www.aquaticbiologists.com City of Oshkosh Parks Department AQUATIC PLANT MANAGEMENT& MAINTENANCE SERVICES AGREEMENT This agreement is made between Aquatic Biologists Inc., located at N 4828 US Hwy 45, Fond du Lac, WI. 54937 (Hereinafter called "ABI") and ATTN: Ray Maurer or Bill Sturm, City of Oshkosh Parks Department, 215 Church Ave, Oshkosh, WI 54901 (Hereinafter called "Customer"),for and in consideration of the mutual covenants herein contained,the parties hereto agree as follows: - 1. AGREEMENT: ABI hereby agrees to provide"Aquatic Plant Management&Pond Maintenance Services"for the benefit of the Customer,and the Customer herby accepts such services in the water area described as: Miller's Bay, Menominee Park Zoo Lagoons, 24th Ave& Fugelburg Boat launches, Winnebago County, Wisconsin. Aquatic Plant Management Services as used herein shall mean the application of chemicals (treatments)to control and reduce the excessive growth of water weeds and/or algae in the water areas herein described. Pond Maintenance Services shall consist of providing but not limited to, pond maintenance supplies such as dyes and bacteria as well as regular maintenance for fountains and aeration equipment. ABI also agrees to act as the AGENT for the customer, in said waters, in working with the Wisconsin Department of Natural Resources(DNR). 2. TERM OF AGREEMENT: Shall start when the contract is signed and continue until the November 1,2014. 3. SERVICES PROVIDE: ABI shall supply all necessary labor, materials, equipment, and technical advice in providing"Aquatic Plant Management Services" for the customers water. This includes the regular use of aquatic algaecides and herbicides at the customers discretion to maintain the beauty of the water. In addition ABI shall supply all necessary labor, materials,equipment and technical advise in providing"Maintenance Services"for the Customers Water. The Customer shall provide a suitable boat launching site or sites and pay any applicable launching fees necessary to provide "Aquatic Plant Management Services"in said water area.The Customer will also provide a representative to be present during application and to assist with the posting of warning signs. 91� 4. COST AND TERMS OF PAYMENT: Please refer to estimatefor specific pricing on products. (application will be as follows and additional to estimate) The cost per visit to the customer for labor relating to Aquatic Plant Management Services will be based on a sliding fee schedule of$260.00 for areas up to one acre,$240.00 for the second acre,$220.00 for the third acre,...and$80.00/acre for additional acreage above six acres and taxes. Chemical costs will depend on the type of weed and/or algae that is being treated and may range from $450.00/acre to $1120.00/acre and taxes. The cost of Pond Maintenance Services will include a break down of services provided, ($90.00/hr for one person, $130.00/hr for two persons on site and$45.00/hr for one person,and$65.00/hr for two persons,travel time), cleaning of diffusers will be$25.00 each plus labor, parts, materials and taxes. Terms are net 30 days, 5% after 30 days, 1.5% per month, 18% annually on invoices 30 days past due. Payment and finance charges not received within 90 days will be placed for collection plus a 30%collection fee.Any legal and/or court fees incurred by ABI in their attempt to collect unpaid balances will be the clients responsibility. A mileage charge of$35.00-$75.00 will be invoiced for each visit. Every effort will be made to combine site visits with other jobs in the immediate area to reduce travel expenses. 5. PERMIT: It is understood between the parties that certain state and/or local permits or registrations shall be necessary prior to the use of herbicides, and the provisions of this agreement are subject to all the terms and conditions of such permits and applicable state and/or local laws or regulations. The customer is responsible for all permits and or registrations and any necessary fees therein, and ABI will cooperate and assist the customer in completing such applications and obtaining such permits,and submit them to the Wisconsin DNR or DATCP,if necessary. 6. LIABILITY: It is specifically understood that ABI shall not be liable for any personal injury and/or property damage resulting from exposure or use, either by drinking, spraying or otherwise of chemically treated water, provided all applications are undertaken in compliance with manufacturer directions,Wisconsin DNR rules and approvals, and any other applicable governmental regulations. It is further understood that although precautions are taken to prevent the loss of fish life,that some fish loss may occur and that ABI is not liable. Lastly, it is understood that ABI is not resposible for damage to the lawn or shoreline caused by boats,trucks or boat trailers where a boat launch is not availalbe.ABI is responsible for it's own personnel on the water during the Term of Agreement. 7. WARNING SIGNS: ABI will assist with the posting of the required warning signs for chemical treated water. 8. CUSTOMER AUTHORIZATION: The customer represents and warrants that this agreement has been duly authorized by the customer, and that the person executing this agreement have the authority to execute this agreement on the customers behalf. 9. PROFESSIONAL EXPECTATIONS, CONSIDERATIONS, AND WARRANTY: ABI is fully aware and appraised of all rules and laws that are applicable to the storage,transportation, handling,applications, and disposal of aquatic herbicides. ABI is expected to perform all work in compliance with all rules, laws, and directives provided by the state and federal registered labels attached to the herbicides used to complete this work. Furthermore,ABI shall be required to meet or exceed the requirements of all applicable laws, rules,permits,and labels. Failure to meet any of these minimum requirements shall be considered as non-performance of the stated work. All persons involved in the handling and application of the herbicides used to complete this work shall have been trained, licensed, certified, and insured in the proper use and handling of these compounds. Furthermore, they shall comply with the requirements of the pesticide label relative to the wearing of protective clothing and devices. No other warranties or guarantees are given or implied. 10. MISCELLANEOUS: This agreement shall be construed under and in the courts of the State of Wisconsin. This agreement constitute the entire understanding between the parties, and it may be amended only in writing by the properly authorized representatives,successors,and assigns. This agreement shall work for the benefit of and be binding upon the parties hereto,their respective personal representatives,successors,and assigns. In witness whereof, the parties hereunto accept the terms and conditions of the above, signed this , day of 4J5 20 14 . -oij For A uatic - ogists, Inc. or Ci of Oshkosh Parks Dept. `�WR°® CERTIFICATE OF LIABILITY INSURANCE 2/20/2014' 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 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 Pennie Hildebrandt,CIC,CISR Hierl Insurance, Inc fA/CNN Extl: (920)921-5921 I( Nol: (920)921-6239 258 South Main Street EMAIL hildebran @hierl.com ADDRESS:p P. O. Box 949 INSURER(S)AFFORDING COVERAGE NAIC# Fond du Lac WI 54935 INSURERA:Hudson Speciality Insurance Co INSURED - INSURER B: Aquatic Biologists INSURER C: N4828 US Hwy 45 INSURERD: INSURER E: Fond du Lac WI 54935 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1331900866 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY BEIMINIONIIIII $ 100;000 A CLAIMS-MADE © OCCUR ESB 2013-12-13-04 3/19/2013 3/19/2014 MEDEXP(Anyoneperson) $ 5,000 X Comp 6 Ongoing Ops . PERSONAL 8 ADV INJURY $ 2,000,000 (form CG 20 37) GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 —1 POLICY I f I PECOT- n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident — ANY AUTO BODILY INJURY(Per person) $ ALL OWNED —SCHEDULED — ,_, AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE _ AUTOS Per accident $ HIRED AUTOS UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ 2,000,000 A X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED I I RETENTION$ ESB 2013-20-13-02 3/19/2013 3/19/2014 $ WORKERS COMPENSATION I WC STATU- I OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER n ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE: $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Environmental Professionl ESB 2013-12-13-04 3/19/2013 3/19/2014 Limit $2,000,000 A Contractors Pollution ESB 2013-12-13-04 3/19/2013 3/19/2014 Limit $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) City of Oshkosh, and its officers, council members, agents employees and authorized volunteers are listed as an additional insured with respects to the above named insureds general liability and automobile liability coverages but only as their interest applies. A 30 day notice of cancellation applies. 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 ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Clerk 215 Church Avenue AUTHORIZED REPRESENTATIVE Oshkosh, WI 54903 �j `/ /��y J Diefenbach/LISA ,�./ C r ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INCf19S/nn,nneN n4 Th.. A�`/'10r ,. ,I t....w n........:.•{,..,..1....,.U...S A!�/1011