HomeMy WebLinkAboutGreen Bay Lead, Inc./OPD firinf range maint/cleaning 2015..
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CONTRACTOR AGREEMENT.•
F/R/NG RANGE MA/NTENANCE AND CLEAN/NG- OSHKOSH POL/CE DEPARTMENT
THIS AGREEMENT, made on the 13T" day of August, 2015, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
GREEN BAY LEAD, INC. 1594 ORCHID LANE, GREEN BAY, WI 54313, 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 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:
(Thomas D. Demerse, General Manager)
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:
(Jon G. Urben, General Services Manager)
ARTICLE III. SCOPE OF WORK
The Contractor shall provide the services described in the CONTRACTOR'S
proposal #0720 entitled "Environmental Services Proposal" dated July 20, 2014
attached as Exhibit A.
The Contractor may provide additional products and/or services if such
products/services are requested in writing by the Authorized Representative of the
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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 completed no later
than November 13, 2015.
ARTICLE III. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
515,693.00, 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 reasonls) 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 IV. 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 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
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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 V. INSURANCE
The Contractor shall provide insurance for this project that includes the City of
Oshkosh as an additional insured per the insurance requirements listed within the
Invitation for Bid. The contractor's certificate of insurance for this project is attached
as Exhibit B.
ARTICLE VI. 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 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.
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In the Presence of:
I�M�TM.�.-s. �IL,.s�naL
(Seal of Contractor
if a Corporation.)
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/ (Witness) —�v
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IWitness)
APPROVED:
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CONTRACTOR /CONSULTANT
By: 7-�..- 1.1c�
�'R�t rrJ.`.Jf'
(Specify Title)
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(Specify Title)
CITY OF OSHKOSH
By: /�ii--
Mark A. Rohloff, City Manager
And:;_ , r ��-- �
Pamela R. Ubrig, City Clerk
I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
J�X'�A �'�m�-
City Comptroller
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GREEN BAY LEAD, INC.
1594 ORCHID LANE GREEN BAY, WI 54313
PHONE (920) 494-9413 FAX (920) 499-1314
GREEN BAY LEAD, INC.
1594 Orchid Lane
Green Bay, WI54313
ENVIRONMENTAL SERVICES
PROPOSAL
July 20, 2014
Proposal #:0720
PROPOSAL SUBMITTED TO:
Oshkosh Police Department
420 Jackson St.
Oshkosh, WI 54903
Attention: Sgt. Todd Wrage
(920) 236-5757
GREEN BAY LEAD, INC.
1594 ORCHID LANE GREEN BAY, WI 54313
PHONE (920) 494-9413 FAX (920) 499-1314
Oshkosh Police Dept. Date: July 20, 2014
Oshkosh, WI Proposal No.0720
RE: Range cleaning/rebuild,
HEPA filter replacement,
hazardous waste disposal.
Attn.: Sgt. Wrage
At your request we are pleased to submit the following proposal for your approval.
WORK PROPOSED & AMOUNT
GREEN BAY LEAD, INC. proposes to complete the following work. Price includes labor, materials,
hazazdous waste transportation and disposal. All work performed in accordance with OSHA 29 CFR
1926.62 Lead Exposure in Construcfion.
FIRING RANGE:
1. Remove and rep]ace with new, 66 Dura-Blocks.
2. HEPA vawum walls, floor, fumiture, including the viewing room and, gun cleaning room.
3. Remove and replace with new, 10 hepa filters and 10 pre 5lters.
4. Hepa vacuum the filter bank and filter room.
5. Supply DOT approved hazardous waste Gaylord boxes for transportation and disposal of 66
Dwa Blocs, 10 hepa filters, 10 pre filters and all cleaning supplies.
COST BREAKDOWN:
1. Sixty-Six Duta-Blocks at $79.00 each. _
2. Shipping
3. Ten hepa and pre fil[ers.
4. Hazardous waste transportation
& disposal.
5. Labor
$5214.00
531.00
2559.00
6655.00
4300.00
$19,259.00
Optional oroposal (without HEPA and pre filtersl
COST BREAKDOWN:
1. Sixty-Six Dura-Blocks at $79.00 each. _
2. ShiPping
3. Hazardous waste hansportation
& disposal.
4. Labor
$5214.00
531.00
5848.00
4100.00
$15,693.00
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INVESTMENT STRUCTURE
Lump sum amount based on [he site investigation conducted by Tom Demerse. This proposal is
valid for 60 days.
SUPPLEMENTARY CONDITIONS TO GENERAL PROJECT
I. Green Bay Lead, Inc. will perform al] OSHA reqaired air mo�itoring of employees.
2. All HEPA and pce-5ltexs supplied by the Gceen Bay Lead, Inc.
3. Access to the range during work is limited to employees of Green Bay Lead, Inc.
4. Green Bay Lead, Inc. is responsible for all wasta disposal.
5. Green Bay Lead, Inc. will have in place a site-specific lead expos�re OSHA Compliance
Program.
6. Green Bey Lead, Inc. will carry Workers Comp. and General Liability Policies.
7. All employees of Green Bay Lead, Inc. will be trained in the following OSHA Standards.
a. 29 CFR 1926.62 Lead Exposure in Construction Standard
b. 29 CFR 1910.1025 General Indushy Standard
c. 29 CFR 1410.134 Respirator Protection Standard
d. 29 CFR 1910.133 Personal Protective EquipmenY
e. 29 CFR 1910.45 Noise Exposure Standard
£ 29 CFR 1910.28 Safety Requirements for Scaffolding
g. 29 CFR ] 910.1200 Hazard Communication Standard.
TERMS AND CONDTTIONS
The following conditions are hereby made a part of the proposal on the preceding page or the reverse side
of this sheet and are to be considered a part of the contract entered into between us by the signing of the
acceptance and approval on the reverse side and the performance of each of which shall be a condition
precedent to a�y right of claim or recovery hereunder:
This contract consritutes the entice ao eement between Green Bay Lead, Inc. (Cont�actor), au equal
opportunity employer, and Buyer (named on preceding page or reverse side of this sheet.)
TIME: The contractor is to receive notice in wrifing at ]east 30 (thirty) busi�ess days before Contractor is
requ'ved to have men and materials on the job sfte, once started, Connactor will be permitted to complete
without intenuption, except as may be specifically agreed �pon in writing.
CHANGE TN THE WORK: The Buyer may order changes or additions to the work within the genera]
scope of the contract. Such changes shall be authorized by one of the following: (I ) written Change Order
signed by the Suyer or Buyer's agent, or (2) Extra Work Order or Completion Notice signed by the Buyer
or Buyer's agent. The cost from a change in the work shal] be determined by Contractor's cost of labor,
material, equipment and reasonable overhead and profit.
STORAGE AND SERVICE: Buyer will fumish, without cost to Contractor, a convenient room on the
premises that can be kept locked, in which to Store materials and equipment. Buyer will supply all
necessary heat, light, electricity, elevator or hoist service and water.
MOVEMENT OF PROPERTY: Unless specifically stated otherwise in this contract, Buyer is responsible
for moving and replacing fumiture and equipment for our access to the work area.
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PAYMENT: Payment of all or any part of the amount of this contract which may be due or become due
Contractor shall in no way be contingent upon the aceeptance of work done by others and over which
Contractor has no cont�ol. No responsibiliry is hereby assumes for work done by anyone other than by
Contractor.
Payment is due paid within thirty (30) calendar days from date of invoice. Payments due and unpaid shall
bear interest on the 31s` day at a rate of 1.5% per month or the legal rate prevailing at the place where the
project is located.
UNFORESEEN CONDITIONS: This contract is based on vis�al conditions. Buyer must be immediately
notified should unforeseen conditions arise that co�ld not reasonably be determined by vis�al inspection
prior to starting work. Additiona] work must be approved in writing by the buyer.
SANDBLASTING: If sandblasting is to be performed, diligence and care shall be used to protect
undertying and adjoining surfaces.
WOOD FINISHING: The color and grain of natttral hardwoods is never uniform or totally predictable.
Influenced in its growfh pattems by mineral content of the soil, weather and forest clnnate, each hazdwood
tree of the same species will always produce veneers of unique appearance, color and gram variations. The
finish produci you receive will eohance these natura] characterisfics and will be a commercially acceptable
wood finish. Finish product excludes any warranty on the shrinkage and/or swelling conditions of [he
wood.
SCAFFOLDING: If scaffolding or swing staging is required to do this work, it will be furnished by
Contractor unless otherwise arranged. Permission to work on or over adjoining property to perform this
contract shall be secured by Buyer at no cost to Connactor.
CONTINGENCIES: All agreements herein contained are contingent upon availabiliTy of specified
materials, shikes, boycotts, accidents, inclement weather, eartbquakes or other Acts of God which the
Contractor could not have reasonably foreseen or provided for or against.
BUYER PURCHASE ORDER: If a purchase order is issued by Buyer, none of its terms and conditions
shall modify or supercede the terms and cooditions of this contract.
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ACCEPTANCE OF PROPOSAL
July 20, 2014
Proposal #: 0720
Authorizationby: �Pcomc� 1�.1�err�e�r.�e
Thomas D. Demerse
General Manager
The above ENVIRONMENTAL SERVICES proposal is accepted as quoted and you
are authorized to proceed with the work specified. Payments will be made as outlined
above.
Date:
Signature:
Print Name:
Tiile:
Please sign and retum one (1) copy of this proposal acceptance, or a P.O.
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CERTIFICATE OF LIABILITY INSURANCE I onre�M�voomrr�
05/14f2015
THIS CERTIFICATE IS ISSLIED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERiIFICATE 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(5), AUTHORIZEO
REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If lhe certiTicate hoider is an ADDITIONAL INSURED, the policy(ies) must be endorsed. It SUBROGAiION IS WAIVED, subJect to
the tertns and conditions of the policy, certain pollcies may requfre an endorsemen4 A statement on this cartificate does not confer Nghts to the
certiFlcate holtler In Ileu of such endorsement(sl.
PROOUCER
wsuaso
Fond du Lac
rn Avenue Suite 100
ac. WI 54935-J874
Tom Demerse
1594 Orchid Lane
Green Bay, WI 54373
Phone:920-921-9000INFME�y� Diane McClone
Faz:920-921•6142 IeHr�.NU c.m920•929-8243
COVERAGES CERTIFICATENUMBER: REVISIONNUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 6EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00
INDICATED. NOTVJITHSTANDING ANY REOUIREMENT, TERM OR CONOITION OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT 70 WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFPOROEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCWSIONSANO CON�ITIONS OF SUCH POLICIES. LIMITS SHOWN M4V HAVE BEEN REDUCED BY PAIO CLAIMS.
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OESCHIPTON OF OVEIiATION9l LOGATIONS I VEHIL IES (ANaep ALOR� /01, ACEItIOnL Heanaek� SeM1�dub�� It man spu� I� roqulntl)
THE CITY 0£ OSHKOSH, ITS OFFICERS� COIINCIL MEMBEAS, AGENT3, EMPLOYEES AN�
DTHOA2ZED VOLUNTEERS ARE ADDZTZONAL ZNBURED WITH RESPECT TO WORX PERFORIgD
HY GREEN SAY LEAD. THIATY DAY NOTICE OF CANCELLATION (EXCEPT IN THE EVENT
OF NON—PAYPIENT OF PREMIUM AND THEN TEN DAY NOTICE) APPLIES.
CITY OF OSHKOSH
215 CHURCH AVENUE
OSHKOSH, WI 54963
ACORD 25 �2010105)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORE
7HE E%PIRATION DATE THEREOF, NOT�LE WILL BE DELIVERED IN
ACCORDANCE WI7H THE POLICY PROVISIONS.
AUTNONIZE� REP0.ESENTATNE
Patrick McClone
The ACORD name and logo are registered marks of ACORD
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