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HomeMy WebLinkAboutSuburban Wildlife Solutions, LLC/Cont 12-08 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. Kurt Schroeder Date: August 4, 2014 Surburban Wildlife Solutions, LLC Subject: Executed Agreement N1940 C.T.H. CC 2014 Berm Inspection and Nuisance Kaukauna, WI 54130 Animal Trapping James Road Area Detention Basin Contract 12-08 Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts El Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order El Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is a copy of the executed agreement for the 2014 berm inspection and nuisance animal trapping services for the James Road Area Detention Basin. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. City Attorney's Office—Copy City Clerk's Office—Original ,, �-• cc: _ File —Original Signed: _ Tracy/. Taylor ( I:\EngineennglStorm Water InformationlCity Drainage Basin Inspection FolderlMuskrat Removal\2014\12-08\12-08 S.•u -n Wildlife Sol'ns bOT-Exe• ted Trapping Agreemnt_8-4- 14.docx AGREEMENT THIS AGREEMENT, made on the 'r day of A AST , 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and SUBURBAN WILDLIFE SOLUTIONS, LLC, N1940 C.T.H. CC, Kaukauna, WI 54130, 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 for 2014 BERM INSPECTION AND NUISANCE ANIMAL TRAPPING AT JAMES ROAD AREA DETENTION BASIN. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONTRACTOR shall assign the following individual to manage the PROJECT described in this Agreement: Kurt Schroeder— Managing Member 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: James Rabe, P.E., CPESC—Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONTRACTOR shall provide the services described in the CONTRACTOR'S Proposal. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONTRACTOR's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All reports, drawings, 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:\Engineering\Storm Water Information\City Drainage Basin Inspection Folder\Muskrat Removal\2014112- 08\12-08 Suburban Wildlife Sans-Trapping Agreemnt_7-24-14.docx 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 within the time limits as agreed upon in the CITY's Request for Proposal. 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. CONTRACTOR's Proposal dated June 21, 2014 and attached hereto 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: • Per Time and Materials Basis Not to Exceed $10,000 (Ten Thousand Dollars). B. 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. 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. 1:1Engineering\Storm Water Information\City Drainage Basin Inspection Folder\Muskrat Removal12 0 1 411 2- Page 2 of 4 08112-08 Suburban Wildlife Sd'ns-Trapping Agreemnt 7-24-14.docx ARTICLE VIII. HOLD HARMLESS The CONTRACTOR covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONTRACTOR, his/her agents or assigns, his/her employees, or his/her 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 for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. ARTICLE IX. INSURANCE The CONTRACTOR agrees to obtain General Liability Coverage of $1,000,000 per occurrence. The following must be named as additional insureds — City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. The CONTRACTOR also agrees to obtain Business Automobile Liability Coverage of $1,000,000 per combined single limit and Workers Compensation Coverage per statutory limits for trapping services. 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 X. 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 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. I:\Engineering\Storm Water Information\City Drainage Basin Inspection Folder\Muskrat Removal12014\12- Page 3 Of 4 08\12-08 Suburban Wildlife Sans-Trapping Agreemnt_7-24-14.docx . ARTICLE XI. SUSPENSION, DELAY, OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the Services of CONTRACTOR for the convenience of CITY. In such event, CONTRACTOR's contract price and schedule shall be equitably adjusted. ARTICLE XII. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONTRACTOR and has no third-party beneficiaries. In the Presence of: CONTRACTOR By: KvAS (Seal of Contractor (Specify Titkri if a Corporation.) By: (Specify Title) CITY OF OSHKOSH f By: (Witness) ,'rs. : '":' T"crlN FIThPATR∎ct, And: lit ■ (Witness) Pamela R. Ubrig, City Cle APP: +VED: I hereby certify that the necessary provisions have been made to pay the liability which 1) which will accrue under this Agreement. Ala_ ity Attorney City Comptrol ,y - I:\Engineering\Storm Water Information\Gty Drainage Basin Inspection Folder\Muskrat Removal\2014\12- Page 4 Of 4 (18\12-08 Suburban Wildlife Sans-Trapping Agreemnt 7-24-14.docx 9 Proposal For: City of Oshkosh 6-21-14 Objective: Inspect and remove burrowing animals such as woodchucks/ground hogs, skunks, muskrats, fox, or any other animals from City of Oshkosh's 55 acre site. Frequency: Seven checks would be done monthly between April and October each year. Notice will be given 3 days prior to the checks being done. Method: The inspection would be done on ATV and on foot. A report would be done after each check detailing any burrowing activities on the site. This proposal for 7 checks of the site would be $7,885.00 If burrowing animals are found, (woodchucks/ground hogs, skunks, muskrats, fox, or any other animals) the trapping activities would start immediately to remove those animals. The trapping activities would be billed separately as those activities would only be on an as needed basis. 5 days of trapping will typically remove a colony of animals. That block of time for removal of those animals would be a flat fee of 465.00 per colony of animals. For example, woodchuck holes and then muskrat holes would be billed as 2 separated colonies of animals. A woodchuck colony on one side of the property and a group of holes on the opposite end would be billed as 2 separate colonies. No disposal fees for any animals. After animals are removed a stake with bright orange flagging tape will be left to mark all holes so the street department can properly fill the holes in. When complete, the street department can leave the stakes at the gate for use the following month. Insurance: The insurance policies will be kept up to date that the City of Oshkosh has required in the past for my trapping activities. Insurance: Liability insurance specific to trapping $1,000,000 per occurrence, $2,000,000 max. $1,000,000 liability in business auto insurance, and Workmans Comp policy, specific to trapping and wildlife disease. License: State licensed trapper, completed state certified trappers education program, nuisance permit through Wisconsin Department of Natural Resources, member of Wisconsin Trappers Association and National Trappers Association. ACORD 25-S(1/95) Multi-lines i' A CORD_ L} u l P j1—'0 Cin �m b F l [ �E&s ki�f DATE(MAVDDIYY) fi: ti, �rT. «I?..x" .141 r" .. ..: '_ in'LI�.1... t.._3r,.....�'y`1ill._,�... x•x_ 4/30/14 ,n PRODUCER "- "— THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BOB AND SONS INSURANCE AfiENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 141 EAST MAIN „, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PORTLAND,IN,47371 App 3 23 4ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (260)726-3718 COMPANIES AFFORDING COVERAGE DEPT. OF PUBLiC , N WEST BEND MUTUAL INSURANCE COMPANY INSURED OSHKO _.HI VV--� — KURT SCHROEDER "'COMPANY B . N.1940 CO.RD.CC .� KAUKAUNA,WI. 54130 COMPANY C 1 COMPANY � _ D : ` itl” ,�., . ''I 'r�t�(y.fP t;j'Sg,,a n M r.,.,c.R2WW+.9CP+Y' MM F,E ix#['6�2FF: rZAW.=fi,�3f;i� �'f :t'_I i 711 i_ :1743 on THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMlOD/TY) DATE(MMIDONY) GENERAL LIABILITY GENERAL AGGREGATE _$ 2,000,000 A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO S 2,000,000 • ,',•,':_. I CLAIMS MADE I X I OCCUR BINDER ' 4/26/14 S ,4/26/15 PERSONAL&ADV INJURY $ 1,000,000 OWNER'S A CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000■ FIRE DAMAGE(Any one fire) $ 100,000 ' MED EXP(Any one person) $ 5,000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per Iron) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS - (Per avxclenl) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: -t-r-:'=;�^: +' " '. i,! EACH ACCIDENT S ' AGGREGATE $ EXCIESS LIABILITY EACH OCCURRENCE _$ I H _ UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND I ORY LIMITS I I°EET :'r.. `=>"'r" ., "‘, - EMPLOYERS'LIABILITY ' "' ` "" EL EACH ACCIDENT _S _ THE PROPRIETOR/ INCL EL DISEASE•POUCYUMIT S PARTNERS/EXECUTIVE _ _ OFFICERS ARE: _EXCL EL DISEASE-EA EMPLOYEE S OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS i ADDITIONAL INSURED: CITY Of OSHKOSH AND ITS OFFICERS,COUNCIL MEMBERS,AEENTS,EMPLOYEES AND AUTHORIZED VOLUNTEERS I - ewr- "a',1 k+ Ass'crr�v-C:t xi._�z. .:sn"- .ri r, T°„a'+_'. r ;. 7 •n7i,.--•Zr-.. i- 1,F,IC;•.7=t?;.O ..:i r ' I era a tZ''-V - 5 •, , :L{r-n+GY.t....6 � ^%L"p+a, i';.�( .c�`��` °��'i.'��' �,Fr�TT # t, .:,:-c.x� ..1s:.fL.°,Irf}n�..:} r 7r.�='.�'n;S';�r.. CFfYOf OSHKOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 215 CHURCH AVE. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL r P.O.BOX 1130 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, OSHKOSH,WI. 54903 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORQED REPRESENTATIVE rob Ma D ns' _fi. .11v.z} r!%L,.`,..;,.:,-*17Jt•s,','i3c�P;r.:_c',h 1.'ri'i' r�`-'0"i ^i- ",R" '4 r IT.;,ia r a t'i. ) i- A�A p . .1- _ }. .-k.;.'� 3:C �.u^.. cad ^i!..'.`!.• 'C9.."`^: 58 cy 01 14 01:57p SchroederAgency 920-710-4065 p.1 • Ile • ■e CERTIFICATE 0 LIABILITY INSURANCE °"n' '°"""' THIS CERTIFICATE IS ISSUED AS A MATTER OFJt. RNti0.,1�10r q. • DI • FERS NO RIGHTS UPON THE CERTIFICATE O R MI S CERTIFICATE DOES NOT AFFIRMATIVELY OR N ITl'GEL:I�Y#IJIgN ,Ca ,w NOR 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 pO Cy(ies)r u (be endorsed. 11 SUBROGATION IS WAIVED,subject to the terms and conditions of the policy.certain policies may requ[to an andoryt nont. A statement on this coitificata Goes not Confer rightr:LO the certificate holder In lion of such endorsement(s). PRODUQiR 1 .. °Jr�l�-6` � ��Gy� PHONE l4h of ,A-2e°.t oZ�,,, t v.L a. 0., 4a1PAIMMEM1111111. rn.- L7// • J 7a..�/ AVOIPI PRAKIR nr INSVPCD IN' S APFOR•NO C. o .0 NJUCI / IN3UAB(I Al / Li U) -V.i d`,-._ 7-- INSURER a: Cr /9'4/0 /✓ Xc(• C C— IHSLAER 0I . /fir•lv/ 6C�+yL.6r� `✓/ 5-??...4%.c7 INSURER 6; • iPS I1RER P; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES.OF INSURANCE-LISIER RELOW HAV -. EI-ISSUED•TO THE INSURED-NAMED AGOVE'rOR'THE POLICY PERIOD' INDICATED. NOT,1THSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER tbCUMENT WITH RESPECT TO WrIICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAFtt,THE INSURANCE AFFORDED EY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY NAVE BEEN INDUCED EV PAID CLAIMS, 7 I'"��77 f1ff7.7�ai4r [QPl• iiA�l otlMGPA.L LIABIL717 LIMITS COle.*ERCNL GENERAL LIABIUiY .n s 1117321 ■■wows-woe ED Ocd R • `-••`-�' L III MED EXP(Any we_penal) 1 J PERSONAL S Lou INJ(IRY L GENS.AGGREGATE LIMIT APPLIES PER: GENERAL OOUCTAGGRI4GATE t POLY Y- �' proouC_$_COuPrOvAd; S AUTOM04ILE LMBIVlY `f AMY AUTO COMDINEb SINIZLE weer T J te..ow z a/.��r132" . ALL OKNED AUTOS /434// ,�2// BODIL V M/LIRY IPA wk.") f C.' sCNEDULtID AUTpB BODILY INJURY(FIN.730600 1 III MIRED MACS Ow PROPERTY DAMAGE . NONgw,ido ALMON I 4, y j �. Ud[ UMDPLELLA LIAO .00CUR 3 [XCEsSWB I EACHOCCURaaRcE 3 OCCUR aCTBII T19Le: AGGREGATE 1 r RET51fTION S S WORKERS CO IAP Hr45ATjQN � AND a4PLOYER6•UAatfrY V,N (� VIM). T+- S , S+�'PRQORIE'rQn.9MTTr£R>F�[ yfryE LLDe r�.ly(is pkticklery In ER fxCj UGGDT �.x�/G�sl fca7�Da (i��/jr 9/,576/ Cl EACM ACCIDErJT L p'�/0 iN.ndE ary is Nn) ( S�RIP71. . : EL DISEASE-G EMPLOY - L /./'r1.�•'L"7 enA • 5 tWar __EL.b15EA3t3.PDC1Cv UUR s std:..--- DESCRIPTION OF orate TIOHS I tAGTIOIrs I VENICLE7 (An.o.AGORD 101.Addp6rW kornaN r Sem:IN.•If mok mac k r..Q wired) • CERTIFICATE HOLDER // CANCELLATION Cry P/ d2-/ sS/ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES EE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICR WILL ELE DELIVERED IN c2lf^� ��'-- ,,/y�,K //-� ACCORDANCE WITH THE POLICY PgOVi540N3- Z2J- .J� /4 J . s -/`-70 Aunt ORGEDRf! TAr1Vt? / • ..=iirpp -.,. ACORO 26(2002r09 ID .- 1S8 -200;ACDF D CORPORATION. All rights reserved. TM ACORD name and logo are reylstared marks of ACORD • •