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HomeMy WebLinkAbout28th Avenue Lift Station Repair/ Sabel Mech. & Oshkosh 2017 Z'v 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: Doug Sabel Date: April 6,2017 Sabel Mechanical,LLC Subject: Executed Agreement for 281h Avenue W3150 Cty Rd H Lift Station Repair Fond du Lac,WI 54937 Please find: Z Attached ❑ Under Separate Cover ❑ Copy of Letter Z Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity _ Description Executed Agreement These are being transmitted as indicated below: ❑ For Approval Z For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is the executed agreement for the 281h Avenue lift station repair. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on an of your invoices. If you have any questions, please contact us. Steve Brand-Copy City Clerk-Original cc: —File-Original Signed: Tracy . aylor 1:\Enginecring\Tracy Taylor\Steve Brand Agreements\Sabel Mech\Sabel LOT-Executed AgreemenL4-6-17.docx CONTRACTOR AGREEMENT RI THIS AGREEMENT, made on the 0 ' day ofk"017,by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and SABEL MECHANICAL, LLC, W3150 County Road H, Fond du Lac, WI 54937, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, enter into the following AGREEMENT for 28TH AVENUE LIFT STATION REPAIR. ARTICLE 1. 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. CITY's Scope of Work dated March 22, 2017 3. CONTRACTOR's Quote dated March 22, 2017 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 II. PROTECT MANAGER A. Assignment of Project Manager. The CONTRACTOR shall assign the following individual to manage the project described in this AGREEMENT: Doug Sabel—Owner 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. I:\Engineering\Tracy Taylor\Steve Brand Agreements\Sabel Mech\Sabel Mech_3-24-17.docx Page 1 of 4 2 ARTICLE III. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the project described in this AGREEMENT: Pete Gulbronson, P.E.—Environmental Compliance Manager ARTICLE IV. SCOPE OF WORK The CONTRACTOR shall provide the services described in the CITY's Scope of Work. The 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. ARTICLE V. 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 VI. 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 Sco.pe of Work. ARTICLE VII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONTRACTOR for the j 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: • Lump Sum Not to Exceed $1,140.25 (One Thousand One Hundred Forty Dollars and Twenty Five Cents). F 1 { l:\Engineering\Tracy Taylor\Steve Brand Agreements\Sabel Mech_3-24-17.docx Page 2 of 4 i B. Method of Payment. The CONTRACTOR shall submit itemized monthly statements for services. The CITY shall pay the CONTRACTOR within thirty (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. ARTICLE VIII. 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/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. ARTICLE IX. INSURANCE The CONTRACTOR agrees to abide by the attached City of Oshkosh Insurance Requirements. 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 ten (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. 1:\Engineering\Tracy Taylor\Steve Brand Agreements\Sabel Mech_3-24-17.docx Page 3 of 4 E {E{ I 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. ARTICLE XVIII. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONTRACTOR and has no third-party beneficiaries. In the Presence of: CONTRACTOR By: (Seal of Contractor if a Corporation) (Specify Title) By: (Specify Title) CITY OF 05H Os -IT By,•r°� (Witness) es Director of Public Works I:\Engineering\Tracy Taylor\Steve Brand Agreements\Sabel Mech-3-24-17.docx Page 4 of 4 r,A City OtA: Oshkosh Scope of Work 281h Avenue Lift Station The City of Oshkosh is hiring Sabel Mechanical to furnish all necessary services, materials, and labor necessary to plug the suction side of one(1)pump at the 281h Avenue Lift Station and replace the valve body of the suction valve according to the following specifications: All components will meet or exceed Original Equipment Manufacturers specifications with accepted slight modifications. Due to the potential hazards, the Contractor must be trained in Confined Space entry and have all necessary confined space entry equipment and air monitoring equipment on site,and utilized during entry of the wet well at all times. Contractor will have to coordinate their work effort with the City of Oshkosh Wastewater staff in order to meet this specification. The City will have Wastewater staff available to assist during the process of this repair. The Contractor will remove the existing failed valve body from the suction valve and replace it with a new plug valve assembly. Once the Contractor has installed all new plug assembly, they will adjust the components for optimum operation. j All hardware used in the repair of the plug valve assembly shall be stainless steel and meet or ` exceed the original manufacturer's specifications. All work shall be completed within 14 days of the signing of this agreement. E QUOTE ¢ DATE 3.22.17 DOUG SABEL QUOTE:g2720J SN7295 Winnebago Drive Fond du Lac,WI 54935 �>j M'lSCoNSIN w OR ' 920-904-5579 ➢ HIUC��11 W 1sabelmechanicalllc(n hotmail.com SEND TO Oshkosh,city of Attn:Shane Date job Payment Term QUOTEEXPIRES 3.22.17 Valve work Net 30 30 da s TY DESCRIPTION UNIT PRICE LINE TOTAL 1 This quote is for replacing the insert on(1)plug valve at 1140.25 1140.25 the 28th st.lift station. Includes; Labor(2 men) Confined space entry Mileage Consumables SUBTOTAL $1140.25 SALES TAX $NIC TOTAL $ i 4 fk i SABEL-1 OF ID:CW A�ORO" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/28/2017 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(les)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 NAUUNME: T StaC H.Behnke _ BEHNKE INSURANCE AGENCIES INC. � c�IVEU PHONE .t,920-922-3850 FAX,Noy,920-923-3200 14 Western Avenue E-MAIL Fond du Lac,WI 54935 1 ADDRESS: — Stacy H.Behnke �O 1 _ INSURER(S)AFFORDING COVERAGE NAIC q 0� INSURERA:West Bend Mutual Insurance Co. 15350 INSURED Sabel Mechanical LLC ON1� INSURERS: 5nINSURER C: N729Winnebago Or OSN Fond du Lac,WI 54935-27240SV1h tNSURERD: INSURER E: INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED OR NAMED ABOVE FTHE 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. NSPOLICY EFF POLI Y P LIMITS LTR TYPE OF INSURANCE vivo POLICY NUMBER !LWDDIYYYY MM/DD/Y A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,0_00,00 CLAIMS-MADE ❑OCCUR X 183304903 09/05/2016 09/05/2017 PREMISES(Ea WOW S 200,00 MED EXP(Any one person) $ 10,0_0 PERSONAL 6 ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 PRO. F LOC PRODUCTS-COMP/OPAGG $ 2,000,00 POLICY a S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 a eccldent ._ A X ANY AUTO X 183304903 09/06/2016 09/05/2017 BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ HIREDAAUTOS UTOS PROPE AUTOS NON-OWNED (Par..Idenl S S UMBRELLA LIA9 OCCUR EACH OCCURRENCE S 4,000,00 XpA EXCESS LIAB CLAIMS-MADE X 183304903 09/06/2016 09/05/2017 AGGREGATE S 4,000,00 DED X RETENTION 0 $ WORKERS COMPENSATION STA E X ERH AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNER/EXECUTIVE Y/N 183305003 09/06/2016 09/05/2017 E.L.EACH ACCIDENT $ 500,00 OFFICERIMEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEES 500,00 If es,dsecribe under E.L.DISEASE-POLICY LIMIT S 600,00 DESCRIPTION OF OPERATIONS below A ERRORS&OMMISSION 203873602 09/0512016 09/06/2017 EACH LOSS 100,00 A INSTALLATION FLTR 203873502 09/05/2016 09/05/2017 LIMIT 200,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) Additional insureds per attached endorsement. ADDITIONAL INSURED: CITY OF OSHKOSH, and its officers, council members, agents, employees and authorized volunteers - Certificate will not be cancelled or non-renewed until at least 30 days prior written notice given to City Clerk-City of Oshkosh CERTIFICATE HOLDER CANCELLATION CITY-OS 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. DEPT OF PUBLIC WORKS City Clerk AUTHORIZED REPRESENTATIVE tY Stacy H.Behnke PO Box 1130 I Oshkosh, WI 54903-1130 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD POLICY NUMBER 183304903 COMMERCIAL GENERAL LIABILITY 0020370704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations CITY OF OSHKOSH and it=g officers, council members, agents employees and authorized voluntee s Information required to complete this Schedule if not shown above will be shown in the Declarations. Section Il — Who Is An Insured is amended to include as an additional Insured the person(s) or organizations) shown in the Schedule, but only with respect to liability for "bodily injury', "property dam- age" caused, In whole or in part, by 'your work" at the location designated and described in the sched- ule of this endorsement performed for that additional Insured and included in the "products-completed operations hazard". i i i i 1 i i CO 20 37 07 04 0ISO Properties,Inc.,2004 Page 1 of 1 ❑ I POLICY NUMBER: 183304903 COMMERCIAL GENERAL LIABILITY CO 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE I Insured Person --game Of Additions (s ) Or Organization(s): Location(s)Of Covered Operations CITY OF OSHKOSH and its officers, council members, agents, employees and authorized volunteers i Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section 11 — Who is An Insured is :amended to B. With respect to the insurance afforded to these Include as an additional Insured the person(s) or additional insureds,the following additional exclu- organization(s) shown in the Schedule, but only alone apply: with respect to liability for 'bodily injury`, 'property damage" or "personal and advertising Injury" This Insurance does not apply to 'bodily injury' or caused,in whole or in part,by: "property damage"occurring after: 1, Your acts or omissions;or 1. All work, including materials, parts or equip- 2. The acts or omissions of those acting on your ment furnished in connection with such work, behalf; on the project(other than service, maintenance or repairs) to be performed by or on behalf of In the performance of your ongoing operations for the additional insureds) at the location of the the additional insureds) at the location(s) design- covered operations has been completed;or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its In- tended use by any person or organization other i than another contractor or subcontractor en- gaged in performing operations for a principal as a pact of the same project. CG 20 110 07 04 0 180 Properties,Inc.,2004 Page 1 of 1 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION AND/OR NONRENEWAL This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Notice of Cancellation and/or Nonrenewal to other Person(s)or Qrganization(s) SCHEDULE Name of Persons) or Organization(s): City of Oshkosh and its officers, council members, agents, employees and authorized volunteers Notice of Cancellation Other Than Nonpayment Number of pays Noticep Notice of Cancellation Nonpayment of Premium Number of Days Notice 30 Notice of Nonrenewal Number of Days Notice 30 Information required to complete this Schedule if not shown above will be shown in the Declarations. As indicated in the Schedule above, we will mail or deliver written Notice of Cancellation for a statutorily permitted reason and/or Notice of Nonrenewal to the person(s) or organization(s)shown. Unless a specified number of Days Notice is shown above, the Notice of Cancellation and/or Notice of Nonrenewal does not apply. i i i i C E West Bend Mutual Insurance Company West Bend,Wisconsin 53095 Contains material copyrighted by ISO with its permission WB 213 CU 0414 0 ISO Properties, Inc., 2006 Page 1 of 1 � � 1�