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Home My WebLink AboutUWO Environmental Research ° � ORIGINAL CONTRACTOR AGREEMENT- Menominee Paik Beach Groominq Seivices 7HIS AGREEMENT, made on the 16th day of April, 2015, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and UW- OSHKOSH ENVIRONMENTAL RESEARCH AND INNOVATION CENTER, 800 ALGOMA BOULEVARD, OSHKOSH, WI 54901-8601 , hereinafter referred to as 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 it conflicts 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 contract: Brian Langhoff, Lab Manager-ERIC 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: Chad Dallman, Parks Operations Manager ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S specifications dated March 26, 2015, attached hereto as Exhibit A, and the Contractor's "Project Bid Proposal Form" dated Julv 14�". 2014, attached hereto as Exhibit B. Both Exhibit A and B are incorporated into this Agreement. If anything in the Contractor's proposal conflicts with the CITY'S Bid Specifications or with this agreement, the CITY'S Bid Specifcations and the provisions in this agreement shall govern. The Contractor may provide additional products and/or services if such 1 products/services are requested in writing by the Authorized Representative of the City. ARTICLE IV. CITY RESPONSIBLITIES 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 contract shall be performed as follows: 2 times / week for 16 weeks (Memorial Day to Labor Davl. ARTICLE VI. PAYMENT A. The Contrect Sum. The City shall pay to the Contractor for the performance of the contract the sum of 52,400 annuallv pendinq council approval throuqh budqet process between 2015 - 2017, 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 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 to be negotiated and set forth in a written amendment to this agreement executed by 6oth parties prior to proceeding with the work covered under the subject amendment. ARTICLE VII. 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 subcontrectors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administretive regulation, and shall indemnify or refund to the 2 � 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 Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S Bid Specifications dated February 2, 2015, attached hereto as Exhibit C and fully incorporated into this Agreement. The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contrector's actual insurance coverage varies from the Insurance required. ARTICLE IX. 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 Contrector. In this event, the Contractor shall 6e entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract 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. 3 � In the Presence of: CONTRACTOR �� BY: I�y��.��z��•>-b�� yl�;IlS I� , et��IW,��61 c.f�� f��ra"iu"s�,�t�K�Y�t� (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH i By: /y�� Mark A. hloff, City Manager (Witn ss) J � � � /'� And: � � ��.�� , ) � (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- '` ary provisions have been made to � pay the liability which will accrue i under this contract. r�cy anor A �C�it�y�Fompt ol er�\ 9 - . � EY�✓i/��-T�I � ��ity o� �shkosh Parks Department 805 Witzel Ave., PO Box 1130 Chad Dallman O�I/^ (H Oshkosb. WI 54903-1130 Parks Operetions Manager ��-U (9201 236�5080 19201 232-531fi FA% ox.xe warea TO: Mr. Brian Langhoff; Laboratory Ma�ager U WO—HnvironmenffiI Rcearch and Innovation Center 800 Algoma Blvd Oshkosh, WIi4901 Phone: (920) 424-0767 FROM:Chad DalUna¢,Parks Operations Manager DATE: Mamh 26, 2015 R& EXHB[T"A": Menominee Park Beach Grooming—Specifications The Uni��ersiTy of Oshkosh—Environmental Rcsearch and Innovatiou Ceu[er will provide the following services to [he CiTy of Oshkosh: Scope: Meuominee Park Beach Groomiug • Two (2)times/week for 16 weeks(Memorial Day—Labor Day) • PerPormed on Tuesday&Frida}'weekly(weather pending). AI[ernate dates mus[be schedule wi[h Parks Operations Manager • Transportation of groomer to aud from beach • Opera[e and :Nain[ain cos[s associated with groomeq truek&trailer • Removal and disposal of debris from beach Term: 3 Years(2015—2017)� pending anuual budge[approval hy Common Council. Proposal: 52,400/year TheEsoePfiarta(ParksEiperirnoo- CommiMeE ro Purpose and Peay(e Visit aur webrite at http:/Mx�edoshkosh.wLur - �Xj✓��,T � �LTY OF �4' . �t n ] z° �� OSHKOSH To: Chad llallman Park Opera[ions Manager City of Oshkosh From: Briau Langolf Labora[ory Manager Gnvironmental Reseazch and Innovation Center University of Wiscousin Oshkosh Date: July L4'",2014 S�bject BeachGroomi�gCorMe�omineePackBeach Chad, As a£ollow up to our previous discussions you asked tha[I procide an updated pmposal for the beach grooming services for[he nezt 3 years,2014—2016 beach seasons. Pcoposal: $7,200 foc 3 yrs (2014-2016 beach seasona) I�cluded ActiviGcs: • Grooming of beach 2x per week foc L6 weeks (:vlemorial day—Labor Day) o Fsfimate of 1.Shcs per grooming evwt baseA on 2013 service o Tuesday a�d Aridays unless wea[her or other scheduli¢g issues • Transportation of groomer[o beach • O&M costs associated wi[h gmomer,Vuck and vailer • Removal xnd disposal of debris from beach Benefits ao�he Ciry: • More azce[ically pleasing ro park and beach users • Reduction in beach closuxes • More efficient aud effechve maf�tennncc of bcach Thanks, Brian Langolf Lab Manager- Environmen[al Reseacch and Innovatio�Center University of Misconsin -Oshkosh 800 Algoma Boulevazd Oshkosh,WI 54901 Office Phane: (920)47A-0767 Cell Phone: (920)420-6693 ENVIRONMENTAL RESEARCH AND INNOVATION CENTER UNIVERSITY OF WISCONSIN OSHKOSH •800 ALGOMA BLVD •OSHKOSH WI 54901-8601 (920)4243148 • FAX(920)424-0832 An Equal OpportunitylAffrmative Action InstiWtian•www.uwosh.etlu � C- x µ�r��T � CERTIFICATE OF COVERAGE STATE OF WISCONSIN This is �o certify �hat coverage described below is effective per the s(alulory authority rejerenced. This certificate is no! a policy or a binder ojinsurance and does not in any way alter, amend or utend the coverage afforded by any reference herein. The coverage is subjec7 to o➢terms and conditions of the slatutory au(hority. 4%rtrt#Y###Mt##t#t##t##t##t###ttii+#t#t#}###;kkkkiRRt####{4#4##44t##t##I��t STATE AGENCY: CAMPUS NAME: Board of Regents of the University of Wisconsin Oshkosh Oniversity of Wisconsin System DA'I'h'. ISSUED: 780 Regent Street, Sui[e 145 pq_Zg-z0 t 5 Madison, WI 53715 HIND OF COVERAGE XX STATUTORY REFERENCES Worker's Com ensa[ion 102 Liabilit XX 895.46 1 & 893.82 Automobile Liabilit XX 895.46 Pro ert 20.865 & 16.865 The cntry of XX in this column means Ihat the coverage is afforded per this certificate and[he statute ref'erenceA. +++f��x+�+�ttxrr��**rrr+++v**+r++�++xr+��*�+++{{+�++��+�++t�xxr��za��x DATGS OF COVERAG6: May I5, 2015 — September 1 i, 2017 DESCRIPTION OF COVERAGE: Per Sta[e Sta[ules 895.46 and 893.82 liability coverage is provided for Universily of W isconsin Oshkosh employees and agents while[hey are ac[ing wi[hin [he scope of their employmen[ or agency. ####{{%{y{#;4kM}�Frtrtrtt#MMtitt�k##t####t#######�i�##ti�##{#444##k4###fi###k#M ISSUED TO: ISSUED BY: City of Oshkosh ' �eA Cj�g��^ Tom Sonnleitner, Campus Risk Manager