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HomeMy WebLinkAboutProcess Equipment Repair and Oshkosh GRIGINi Ck Oshkosh CONTRACTOR AGREEMENT: GRIT CLASSIFIER REHABILITATION WASTEWATER TREATMENT PLANT THIS AGREEMENT, made on the 19TH day of MAY, 2017, by and between the CITY OF OSHKOSH,party of the first part,hereinafter referred to as CITY,and PROCESS EQUIPMENT REPAIR SERVICES INC, 5991 DIVISION ROAD, WEST BEND WI 53095, 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. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. Proposal Solicitation 2. This Instrument 3. Contractor's Proposal In the event that any provision in any of the above component parts of this contract 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 IL PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (LAMONT ALBERS,TECHNICIAN/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. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us ARTICLE 111. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (PETER GULBRONSON,P.E.,C.D.T. ENVIRONMENTAL COMPLIANCE MANAGER) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for the Project titled WASTEWATER TREATMENT PLANT - GRIT CLASSIFIER REHABILITATION and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications,the provisions in the Bid Specifications shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. 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 contract shall be completed by no later than OCTOBER 31, 2017 ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$82,500.00 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 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 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 may be obliged or ad- judged 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 shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The contractor's certificate of insurance for this project is attached as Exhibit B. 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 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. In the Presence of: CON ACTO /CONS ANT By: (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: Mark A. Zohloff, City Manager (Wi e ) (W' ess) Pamela R.Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue '. under this contract. �_ityttorney City Comptroller SECTION I BID DESCRIPTION UNIT EST. BID UNIT BID TOTAL PRICE ITEM QTY. PRICE 1 Furnish all Labor, Equipment,and Materials to disassemble and rehabilitate two(2) REX-Chainbelt Grit Classifier Systems; complete as specified in the Lump Scope of Services Sum 1 $ $ GRAND TOTAL OF SECTION I(ITEM 1) $ cl� SIGNATURES Date: ' '0 - Name of Company: 1,4-M 0;,V ri zn� Submitted by: (name/title) �� i/.1 E7L'i— ---Email: 5-9ci l b/U/5 w�� 12c"-O Address of Company: 00c 5 Phone; U z '(p Z�' �0 That I have examined and carefully prepared this Proposal from the Plans and Specifications and'have hecked the same in detail before submitting this Proposal;that I have full au. ority to 4iak such statements and submit t is Proposal in (its) (their) behalf,an dlthat said st to nts are true and correct. Signa re Title 31 AC>R" CERTIFICATE OF LIABILITY INSURANCE sii2/2o1 ) 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 CONTACT NAME: Ann Stockhausen R & R Insurance Services, Inc. PHONE A N , (262)338-7866 NC No:(262)953-1383 2021 S 18th Avenue Suite 202 ADE-MAIL DRE .ann.Sto.ckhausen@rrins.com PO BOX 914 INSURER(S)AFFORDING COVERAGE NAIC If West Bend WI 53095-0914 INSURER AWestchester Surplus Lines Ins INSURED INSURER B:SFM Process Equipment Repair Services Inc INSURERC: 5991 Division Rd INSURERD: INSURER E: West Bend WI 53095 1 INSURER F: COVERAGES CERTIFICATE NUMBER:16-17 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE 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. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIDDY EFF MMIDDY LIMITS EXP LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 50 000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ r A CLAIMS-MADE FX OCCUR X 24296064005 7/1/2016 7/1/2017 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ 2,000,000 I-XI POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ HIRED TSAUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A X EXCESS LIAR CLAIMS-MADE AGGREGATE $ 2,000,000 DED I I RETENTION$ X G24296088005 7/1/2016 7/1/2017 $ B WORKERS COMPENSATIONX WC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YINE.L.EACH ACCIDENT $ 1 000,000 OFFICER/MEMBER EXCLUDED? NIA 033387.109 7/1/2016 7/1/2017 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Contractors Pollution Liability Coverage: $1,000,000 Each Pollution Condition Limit $2,000,000 Aggregate Limit - $2,500 Deductible Each Pollution Condition. Professional Liability Coverage: $1,000,000 Each Incident Limit - $2,000,000 Aggregate Limit - $5,000 Deductible Each Claim. City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are included as additional insured per pollicy forms ENV-3100, ENV-3101, ENV-3129, ENV-3225 and ENV-3226. Per Project Aggregate endorsement ENV-7103 also applies. CERTIFICATE HOLDER CANCELLATION (920)232-5366 j urben@ ci.Oshkosh.wi.us 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. Attn: City Clerk 215 Church Avenue AUTHORIZED REPRESENTATIVE PO Box 1130 Oshkosh, WI 54902 Mike Walter/S229 ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 loins)M Thn Ar.r)Pn nmmo mnrl Innn mrn rnnie4orofl mmrlrc of Ar:rlPn Named Insured Endorsement Number Process Equipment Repair Services, Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24296064 005 07/01/2016 to 07/01/2017 07/01/2016 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement Is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS—SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations,or a contractor on whose behalf you are performing operations,and only at the specific written request of such person or organization to you,wherein such request is made prior to commencement of operations, (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION 11 -WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2)That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ENV-3100(08-04) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 1 Named Insured Endorsement Number Process Equipment Repair Services, Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP 624296064 005 07/01/2016 to 07/01/2017 07/01/2016 Issued By(Name of insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number, The remainder of the Information is to be completed only when this endorsement is Issued subsequent to the preparation of the policy, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT-OWNERS,LESSEES OR CONTRACTORS (PRIMARY AND NON-CONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations,or a contractor on whose behalf you are performing operations,and only at the specific written request of such person or organization to you,wherein such request is made prior to commencement of operations. (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II-WHO IS AN INSURED is amended to include: A. SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds,the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to Its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third party liability policy. ENV-3101 (08-04) Includes copyrighted material of Insurance Services Office,Inc.with Its permission Page 1 of 1 PRIMARY AND NON-CONTRIBUTORY INSURANCE ENDORSEMENT Named Insured Endorsement Number Process Equipment Repair Services, Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24296064 005 07/01/2016 to 07/01/2017 07/01/2016 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY INSURANCE ENDORSEMENT This policy shall be considered primary and not contributing to any similar insurance held by third parties in respect to work performed for them by you under any written contractual agreement which requires that you provide pri- mary insurance. All other terms and conditions remain the same. ENV-3129(04-09) Copyright©2009 Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT—PRODUCTS-COMPLETED OPERATIONS HAZARD Named Insured Endorsement Number Process Equipment Repair Services, Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24296064 005 07/01/2016 to 07/01/2017 07/01/2016 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ET CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART SCHEDULE Any person or organization that is an owner of real property or personal property on which you are performing operations,or a contractor on whose behalf you are performing operations,and only at the specific written request of such person or organization to you,wherein such request Is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) Section 11—Who Is An Insured Is amended to Include as an additional insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work performed for that additional insured and included in the products-completed operations hazard, All other terms and conditions remain the same. ENV-3225(10-08) Copyright 20080 Page 1 of 1 ADDITIONAL INSURED ENDORSEMENT—PRODUCTS-COMPLETED OPERATIONS HAZARD PRIMARY&NON-CONTRIBUTORY Named Insured Endorsement Number Process Equipment Repair Services, Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24296064 005 07/01/2016 to 07/01/2017 07/01/2016 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL.GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART SCHEDULE Any person or organization that is an owner of real properly or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you,wherein such request is made prior to commencement of operations. (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section 11—Who Is An Insured is amended to Include as an additional Insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work performed for that additional insured and included in the products-completed operations hazard. Furthermore,the coverage provided hereunder shall be primary and not contributing with any other insurance available to those designated above under any other third parry liability policy. All other terms and conditions remain the same. ENV-3226(10-08) Copyright©20D8 Page 1 of 1 Named Insured Endorsement Number Process Equipment Repair Services, Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24296064 005 07/01/2016 to 07/01/2017 07/0112016 Issued By(Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED PROJECT(S)GENERAL AGGREGATE LIMIT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Projects: Insured's work at Oshkosh Water Treatment Facility (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement,) A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A(SECTION I ), and for all medical expenses caused by accidents under COVERAGE C(SECTION I ), which can be attributed only to ongoing operations at a single designated project shown in the Schedule above: 1, A separate Designated Project General Aggregate Limit applies to each designated project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2, The Designated Project General Aggregate Limit Is the most we will pay for the sum of all damages under COVERAGE A, except damages because of bodily Injury or property damage included in the products-completed operations hazard, and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or suits brought; or C. Persons or organizations making claims or bringing suits. 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Project General Aggregate Limit for that designated project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated project shown in the Schedule above, 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply, However, instead of being subject to the General Aggregate Limit shown in the Declarations,such limits will be subject to the applicable Designated Project General Aggregate Limit, ENV-7103(09.04) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 1 of 2 B, For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A(SECTION I ),and for all medical expenses caused by accidents under COVERAGE C (SECTION I ), which cannot be attributed only to ongoing operations at a single designated project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Designated Project General Aggregate Limit, C. When coverage for liability arising out of the products-completed operations hazard is provided,any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate Limit nor the Designated Project General Aggregate Limit. D. If the applicable designated project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same project. E. The provisions of Limits of Insurance (SEC'T'ION III) not otherwise modified by this endorsement shall continue to apply as stipulated. ENV-7103(09-04) Includes copyrighted material of Insurance Services Office,Inc.with its permission Page 2 of 2