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HomeMy WebLinkAboutGB Lead Services/OPD 2018CONTRACTOR AGREEMENT CITY OF OSHKOSH THIS AGREEMENT, made on the 511, day of February, 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and GB LEAD SERVICES, LLC, 1537 PARK PLACE, STE. 200A, GREEN BAY, WI 54304, 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. This Instrument 2. 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 II. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Trevor Vannieuwenhoven, General Manager, GB Lead Services LLC) 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 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Todd Wrage, Oshkosh Police Department) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in their proposal dated January 19, 2018, 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 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 July 1, 2018. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $15,528.00 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. 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: (Seal of Contractor if a Corporation.) APPROVED: 1 HE rumm" k1 •eiTiT CONTRAC R /C NSULTANT Y (Specify Title) (Specify Title) CITY OF OSHKOSH By: Mark A. Rohloff, City Manager And:�� 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. City Comptroller ,�axx) ii!o ri GB LEAD SERVICES 1537 PARK PLACE, STE. 200A GREEN BAY, WI 54304 PHONE (920) 660-8819 WEBSITE: gblead.com ENVIRONMENTAL SERVICES PROPOSAL January 19, 2018 PROPOSAL SUBMITTED TO: Oshkosh Police Department 420 Jackson St. Oshkosh, WI 54903 Sgt. Todd Wrage 920-379-3538 (c) 920-236-5757 (o) twrage@ci.oshkosh.wi.us GB LEAD SERVICES 1537 PARK PLACE, STE 200A GREEN BAY, WI 54304 PHONE (920) 660-8819 Oshkosh Police Department Oshkosh, WI 54903 January 19, 2018 Proposal # 011918 RE: Filter & Ballistic Dura -Block replacement and hazardous waste disposal Attn: Sgt. Todd Wrage We are pleased to submit the following proposal for your approval. WORK PROPOSED & AMO GB LEAD SERVICES proposes to complete the following work. Price includes labor, materials, hazardous waste transportation and disposal. All work performed in accordance with OSHA 29 CFR 1926.62 Lead Exposure in Construction. 1. Backstop & Ranee: a. Provide and replace 36 Dura -Blocks b. Recycle any recovered lead c. HEPA vacuum walls and floors of the range, viewing room and gun cleaning room d. D -Lead wipe furniture of the range, viewing room and gun cleaning room e. Supply DOT approved hazardous waste Gaylord boxes for transportation and disposal of the used, contaminated Dura -Blocks 2. VENTILATION SYSTEM a. Provide, replace & dispose of (10) Pre -filters and HEPA air filters from Range Exhaust Ventilation Unit b. HEPA vacuum the filter bank and filter room c. Supply DOT approved hazardous waste Gaylord boxes for transportation and disposal of the used, contaminated filters COST BREAKDOWN: 1. Thirty-six Dura -Blocks at $110.00 each $ 3,960.00 2. Shipping 578.00 2. Ten HEPA and pre -filters 2,475.00 3. Hazardous waste transportation & disposal 4,000.00 4. Labor 4,515.00 Total S 15.528.00 PROJECT COST: $ 15,528.00 2 SUPPLEMENTARY CONDITIONS TO GENERAL PROJECT 1. Containment area is off limits to all personnel except employees of GB Lead Services 2. Some areas may be cleaned on weekends, there is no extra charge for this. 3. Oshkosh Police Dept. will provide secure, indoor storage are to stage hazardous waste Gaylords until the hazardous waste disposal company can pick them up for transport. 4. Oshkosh Police Dept. will receive the Dura -Blocks from a common carrier and store them until the scheduled date of replacement 5. This proposal is valid for 60 days. Start Date and Completion Time GB Lead Services will start the project in a timely manner after receiving a Purchase Order or signed Acceptance of Proposal. Completion time will be one to two days. Start date will be coordinated with Sgt. Todd Wrage. Special Lead Proiect Insurance and Employee Training This project is a lead hazard decontamination project. GB Lead Services carries Contractors Pollution coverage specifically for Lead Operations with a $2,000,000.00 general aggregate occurrence policy. All employees of GB Lead Services have been trained as Wisconsin Certified Lead Abatement Workers or Supervisors. TERMS AND CONDITIONS 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 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 any right of claim or recovery hereunder: This contract constitutes the entire agreement between GB Lead Services (Contractor), an equal opportunity employer, and Buyer (named on preceding page or reverse side of this sheet.) TIME: The contractor is to receive notice in writing at least 10 (ten) business days before Contractor is required to have men and materials on the job site, once started, Contractor will be permitted to complete without interruption, except as may be specifically agreed upon in writing. CHANGE IN THE WORK: The Buyer may order changes or additions to the work within the general scope of the contract. Such changes shall be authorized by one of the following: (1) written Change Order signed by the Buyer 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 shall be determined by Contractor's cost of labor, material, equipment and reasonable overhead and profit. STORAGE AND SERVICE: Buyer will furnish, 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 furniture and equipment for our access to the work area. 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 acceptance of work done by others and over which Contractor has no control. No responsibility is hereby assumed 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 3155 day at a rate of 1.5% per month or the legal rate prevailing at the place where the project is located. If it becomes necessary to incur any expenses in the collection of money due hereunder, including reasonable fees of 25%, costs and disbursements, it is understood that same shall be paid by Buyer. DAMAGE BY OTHERS: Any expense borne by Contractor relating to repairs to and replacement of any part of Contractor's work, due to damage thereto caused by this failure, repair, or replacement of the work of others, shall be added to the amount of this contract and be considered a part thereof. CLAIMS: Claims for non -fulfillment of this contract shall be made no later that thirty (30) calendar days after completion of the work. UNFORESEEN CONDITIONS: This contract is based on visual conditions. Should unforeseen conditions arise that could not reasonably be determined by visual inspection prior to starting work, such additional work shall be performed on a Time and Material or Firm Bid Basis, after Buyer or his agent has been notified of such. CONTINGENCIES: All agreements herein contained are contingent upon availability of specified materials, strikes, boycotts, accidents, inclement weather, earthquakes, or other Acts of God which the Contractor could not have reasonably foreseen or provided for or against. In the event of the negligence of Buyer, Contractor is entitled to recover the value of the work and materials already furnished, and contractor is excused from further performance. BUYER PURCHASE ORDER: If customer issues a purchase order, none of its terms and conditions shall modify or supercede the terms and conditions of this contract. Contractor's failure to object to the terms contained in any communication from you will not be a waiver of the terms set forth in this contract. PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON YOUR PROPERTY MAY HAVE LIEN RIGHTS ON YOUR LAND AND BUILDING IF THEY ARE NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THIS PRIME CONTRACTOR, ARE THOSE WHO CONTRACT DIRECTLY WITH YOU OR THOSE WHO GIVE YOU IDENTIFICATION NOTICE WITHIN (60) DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR CONSTRUCTION. YOU SHOULD GIVE A COPY OF EACH NOTICE YOU RECEIVE TO YOUR LENDER, IF ANY, GB LEAD SERVICES AGREES TO COOPERATE WITH YOU AND YOUR LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID. 4 ACCEPTANCE OF PROPOSAL GB LEAD SERVICES 1537 PARK PLACE, STE 200A GREEN BAY, WI 54304 PHONE (920) 660-8819 Oshkosh Police Department Oshkosh, WI 54903 January 19, 2018 Proposal # 011918 RE: Filter & Ballistic Dura -Block replacement and hazardous waste disposal Attn: Sgt. Todd Wrage Authorization by: Trevor Vannieuwenhoven Trevor Vannieuwenhoven 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: Title: Please sign and return one (1) copy of this proposal acceptance. E