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HomeMy WebLinkAboutTrench It LLC Installation of Erosion Control Measures' 01% City t Oshkosh CONTRACTOR AGREEMENT: INSTALLATION OF EROSION CONTROL MEASURES CITY OF OSHKOSH THIS AGREEMENT, made on the 3rd day of April, 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and TRENCH IT LLP, 3117 E CANVASBACK LANE, APPLETON, WI 54913, 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 11. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Kurt J. Coenen, Trench It LLP) 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://vvww.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (John Ferris, Civil Engineer Supervisor) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's Request for Quotation for this Project titled "INSTALLATION OF EROSION CONTROL MEASURES" dated March 21, 2018, 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 May 15, 2018. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $7,025.00 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: (Seal of Contractor if a Corporation.) (Witness) (Witness) CONTRACTOR /CONSULTANT By: a— (Specify Title) By: (Specify Title) CITY OF OSHKOSH �y: �-- - Mark A. l ohloff, 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 ki E7saa?.0 CITY OF OSHKOSH REQUEST FOR QUOTATION INSTALLATION OF EROSION CONTROL MEASURES Page 1 of 1 QUOTATION DEADLINE IS 10:00 AM, TUESDAY, APRIL 3, 2018 From: M -k- LL -t' (bidder's company name) We, the undersigned, propose to furnish all labor and materials to perform the specifications per this RFQ. Any area of the proposal page left blankmay be considered as a non-responsive bid. Addendum Acknowledgement We hereby acknowledge receipt of and have thoroughly examined the written Addenda(s) issued prior to the bid date in association with this project. These -Addenda. are numbered %1 A through �J /, inclusive. We further understand that failure to fully list the numbers of all published Addenda may cause the City to reject this bid. If no addenda were issued for this project simply enter "N/A" above. 1. Install approximately 3,000 feet of erosion control fence. $ 1 .5o ptx— Linear Foot o� 2. Install one tracking pad. $ _ /,goo Lump Sum 3. Install one Type D modified inlet protection. $ - a C. Lump Sum Date Submitted: Name of Company: t Submitted by: (name and title)u,r'k Email address: Av6x1r tLo VAe % i • c o Address of Company: bi _r Phone: 'Z?Ao- KSS 7a-7& Delivery and install in I days after receipt of order Payment terms ne- t 3 U 21 Sy913 co) tr ;3 TRENENV-01 HTENPASS ,d►coRo, CERTIFICATE OF LIABILITY INSURANCE � FDATE 04/03/2018 Y) 04/03/2018 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(ies) must have ADDITIONAL INSURED provisions or 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: PHONE FAX (A/C, No, Ext): (920) 324-2071 (A/c No):(920) 324-5057 Sterk Insurance Agency, Inc. 999 West Main St. P. O. Box 72 Waupun, WI 53963 AIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: Selective Insurance Co of SE 39926 EACH OCCURRENCE $ 1,000,000 INSURED INSURER B: INSURER C : Trench -It Envirnomental, LLP INSURER D : 3117 E. Canvasback Lane Appleton, WI 54911 INSURER E INSURER F: A COVERAGES CFRTIFICATF NIIMRFR- RFVISION NIIMRFR- 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 SUBR POLICY NUMBER POLICY EFF POLICY EXPITR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR S 1876799 03/01/2018 03/01/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTEDre500,000 PREMISES Ea occurnce $ MED EXP (Any oneperson) $ 15,000 PERSONAL & ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY Fx� JECT E] LOC OTHER: GENERAL AGGREGATE $ 3,000,000 PRODUCTS - COMP/OP AGG $ 3,000,000 $ A AUTOMOBILE X 1 LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY S 1876799 03/01/2018 03/01/2019 COMBINED SINGLE LIMIT 1,000,000 Ea accident $ BODILY INJURY Per person)$ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE S 1876799 03/01/2018 03/01/2019 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDE[?N/A (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below WC 9010496 03/01/2018 03/01/2019 I PER X STATUTE EERH E.L. EACH ACCIDENT $ 500'000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Blanket Additional Insured, as required by written contract, to the General Liability with respect to work performed by the insured. City of Oshkosh Attn: City Clerk PO Box 1130 Oshkosh, WI 54903-1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. a ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WINfab 121ODT Cert Const Fab Materials PO# 166937.pff -Google... https:Hdrive.google.com/file/d/OB7Cg2Oos7euYZmswRUdISkJNd... 00 WINfab 121ODTCertConst Fab Materials PO# 166937pdf j IN INFAkm ILII III III 111111 III I I« II 111111 �I ;N* mnUWrr-t1,AJ— P^13MIC13 Aprd 5, 2016 CONSTRUCTION FABRICS & MATERIALS 2,425 PEIPER ROAD 608 839-8031 COTTAGE GROVE_ W 53527 Re: WINFAB 121ODT PO himber, IM37 Rolf Nuffmm40 Rads to F"a S]W$4' aw6m, %ft - Dear Sirfmacam, This is to oer* that WINFAB IZIDDT is a h,0 ct-aldy IW% polyo-PyIene geotetrfe S.pplied by Wiflacooctiee Irwustnat Faorics, tam.. Wittocomhee, GA, StoWe rdhin a OM range ot 2 to 13, the yams are woven to farm a h streroh dmlensxmIty stable fabne. Tius fatmc resists uttrwoW cetenoralm, to" and bok)qal d"mdabon and A e; kmt to comhody encountered aM chemIcals. It meets of exceeds It* bkwm ph"ral mooethes mUnRl'), TEST MET"m mAk, Fs iiM mAk, W— T.nYn S—glc rQubj ASTM D4&U IN. "W-" ;C—) ASTM 04= W, CPA P.r '. ASTM 0041 TOO hs Ws N TmP.-" Ta ASTM C.533 28R1.2991. uv R—W— (Sm ry ASTM WM WN AK --1 C)p-9 f-.- ASTM WTI W US S11 S— OM mrn A—" P� V... sin -eery, ,€aSan Booth Quality co'mof MWwW win�oochoe todosirral FabfmsInc. PO BOX 599 769 West Main Street Wiftacood*e, GA 3165s3 Phone.j912)534.5757 fax 012,I5345533 1 of 1 4/4/2018, 7:43 AM