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HomeMy WebLinkAboutEnvironet Inc Asbestos Abatement 421 Monroe Street 2019 135er3 CONTRACTOR AGREEMENT ASBESTOS ABATEMENT—421 MONROE STREET, OSHKOSH, WI THIS AGREEMENT is MADE THIS ! day of a-L , 2019 by and between the CITY OF OSHKOSH, a Wisconsin municipal corpclation, and the REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH,both with addresses at 215 Church Avenue, Oshkosh, Wisconsin 54901, collectively herein referred to as "CITY", and ENVIRONET INC,2909-A Green Hill Court, Oshkosh, WI 54904,herein referred to as "CONTRACTOR", WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: I. PROTECT MANAGER A. Assignment of Project Manager. The CONTRACTOR shall assign the following individual to manage the project described in this contract: NAME: Keith Breuer TITLE: President 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. II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the project described in this Agreement: Darlene Brandt, Grants Coordinator III. SCOPE OF SERVICES-CONTRACTOR'S RESPONSIBILITIES The CONTRACTOR shall provide the services described in the CITY's Request for Proposals and Proposal of the CONTRACTOR. The CONTRACTOR's proposal is attached as Exhibit A, and is incorporated into this agreement to the extent it does not conflict with the CITY's Request for Proposals, or this agreement. If anything in the Proposal conflicts with the Request for Proposals or this Agreement, the provisions in the Request for Proposals and this Agreement shall govern. Additionally, this project is governed by the US Department of Housing and Urban Development(HUD) and therefore all relevant HUD rules and regulations shall have priority over any conflicting or inconsistent terms within CONTRACTOR's Proposal. The CON TRACTOR shall provide the services described in its proposal attached hereto and incorporated herein by reference. The CON 1RACTOR may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the CITY. All records created under this Agreement shall be retained for seven (7) years after all pending matters relative to this Agreement are closed.Alternatively,the CONTRACTOR may provide the CITY with complete and accurate copies of all records related to this Agreement, along with an Affidavit signed under oath verifying that all records have been transferred to the CITY.The CONTRACTOR shall provide the CITY with at least 30 days advance written notice before records are destroyed and allow the CITY a reasonable opportunity to take possession of these records. The CONTRACTOR agrees to provide access to the CITY,the US Department of Housing and Urban Development(HUD),the Comptroller General of the United States,or any of their duly authorized representatives to arty books,documents,papers and records which are directly pertinent to this Agreement for the purposes of making audit,examination, excerpts and transcriptions. The CITY as a governmental body is subject to applicable open records statutes. Public records laws may apply in some circumstances to certain records created and retained by the CITY's CONTRACTOR. The CONTRACTOR agrees to fully cooperate with the CITY related to open records requests related to this Agreement. IV. CITY RESPONSIBILITIES 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. 2 V. TIME OF COMPLETION All Work to be performed under this Agreement shall be completed on or before May 31, 2019 unless the parties agree in writing to extend this date. VI. PAYMENT FOR SERVICES A. Contract Amount The CITY shall pay to the CONTRACTOR for the performance of this Agreement, the total sum of$4,755 to undertake asbestos abatement at 421 Monroe Street as identified in the pre-demolition asbestos inspection report prepared by Environmental Management&Testing Services,dated January 17,2019(Exhibit B) adjusted by any changes as provided in the proposal,or any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method Of Payment The CONTRACTOR shall submit one itemized statement for services upon completion of the work. 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. VII. STANDARD PROVISIONS A. The CONTRACTOR agrees in all hiring or employment made possible by or resulting from this Agreement,there(1)will not be any discrimination against any employee or applicant for employment because of race, color, sex orientation, religion, sex or national origin; and(2) affirmative action will be taken to ensure that applicants are employed and that employees are treated during employment without regard to their race,color,religion,sex orientation,sex or national origin. 3 • This requirement shall apply to,but not be limited to the following:employment, upgrading,demotion or transfer,recruitment or recruitment advertising,lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. There shall be posted, in conspicuous places available to employees and applicants for employment, notices required or to be provided by Federal or State agencies involved setting forth the provisions of the clause. All solicitations or advertisements for employees shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex orientation, sex or national origin. B. The CONTRACTOR will make a good faith effort to use minority and women- owned businesses in procurement of supplies,and upon request of the CITY,must provide satisfactory evidence of such effort. Additionally, the CONTRACTOR agrees to provide the CITY with the name(s)and contract amount(s)of all minority and women-owned businesses awarded contracts on the project. C. Any discovery or invention arising out of or developed in the course of work aided by this Agreement shall be promptly and fully reported to the appropriate Federal agency involved for determination by it as to whether patent protection on such invention or discovery shall be sought and how the rights in the invention or discovery,including rights under any patent issued thereupon,shall be disposed of and administered, in order to protect the public interest. D. The CONTRACTOR agrees to comply with all applicable standards, orders, or requirements issued under: (1) Clean Air Act,42 U.S.C., 7401 et seq. (2) Federal Water Pollution Control Act,as amended,33 U.S.C.1251,et seq.,as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 14 and Section 308, and all regulations and guidelines issued there under. (3) Environmental Protection Agency (EPA) regulations pursuant to 40 CFR, Part 50, as amended. E. The CONTRACTOR agrees to comply with mandatory standards and policies relating to energy efficiency,which are contained in the State Energy Conservation Plan. 4 F. No officer, employee or agent of the CITY who exercises any functions or responsibilities in the review or approval,or the carrying out of responsibilities,to which this Agreement pertains,shall have any personal interest,direct or indirect, in this Agreement. G. Incorporated by reference herein are OMB Circulars A-21, A-122 or A-133 as applicable, and 2 CFR Part 200. VIII. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY 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. IX. INSURANCE The CONTRACTOR shall provide insurance for this project that includes the CITY as an additional insured. The specific coverage required for this project are identified in Exhibit B. X. SUSPENSION AND TERMINATION A. When the CONTRACTOR has failed to comply with the terms, conditions or standards of this Agreement or applicable HUD regulations, the CITY may, on reasonable notice to the CONTRACTOR, suspend the Agreement and withhold further payments or prohibit the CONTRACTOR from incurring additional obligations of funds, pending corrective action by subrecipient, or a decision to terminate in accordance with paragraph B below. 5 B. This Agreement may be terminated for cause or convenience. (1) TERMINATION FOR CAUSE: The CITY may terminate this Agreement in whole or in part at any time before the date of completion, whenever it is determined that the CONTRACTOR has failed to comply with the conditions of this Agreement. The CITY shall promptly notify the CONTRACTOR in writing of the determination and the reasons for the termination, together with the effective date. Payments made to the CONTRACTOR or recoveries by the CITY in the event this Agreement is terminated for cause, shall be in accordance with the legal rights and liabilities of the parties. In the event there is probable cause to believe the CONTRACTOR is in noncompliance with any applicable rules or regulations, the CITY may withhold up to fifteen (15) percent of funds subject to this Agreement until such time the CONTRACTOR is found to be in compliance by the CITY, or otherwise adjudicated to be in compliance. Payments made pursuant to the terms of this Agreement shall not prevent the CITY's ability to demand the return or reimbursement of funds paid pursuant to any available legal theory. (2) FOR CONVENIENCE: The CITY may terminate this Agreement 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. [SIGNATURES ON FOLLOWING PAGE] 6 ENVIRONET INC. By: /6-t-ttit� eith Breuer, President By: Title: CITY OF OSHKOSH, REDEVELOPMENT AUTHORITY a municipal corporation of the City of Oshkosh By: By: /441— Mark A. Rohloff, City Manager H. Allen Davis III, Executive Director And: By: Pamela R. Ubrig, City Clerk Lori Palmeri, Chairperson APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. shk sh City Attorney Oshkosh Comptroller 7