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
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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.
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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.
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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.
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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
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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 -
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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.
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• ,',•,':_. I CLAIMS MADE I X I OCCUR BINDER ' 4/26/14 S ,4/26/15 PERSONAL&ADV INJURY $ 1,000,000
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AUTOMOBILE LIABILITY
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