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HomeMy WebLinkAboutEnviornmental Management & Testing Services 20194 4 AGREEMENT This AGREEMENT, made on the2i day of 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and ENVIRONMENTAL MANAGEMENT & TESTING SERVICES, PO Box 3861, Oshkosh, WI, 54903, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for PRE -DEMOLITION ASBESTOS INSPECTIONS. ARTICLE I. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Jerome T. Hinke - 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. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: James Rabe, P.E., CPESC - Director of Public Works ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. 1:\Engi.ce ing\2018CONTRAM\18-01 Kienast-Paulus LF\Project lnformaflon\Contract Page 1 of 6 Irdo\Consultant Agreements\EMTS\EMTS Agmement-AsMstos lmp 11-7-19.docx All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documents by the CITY to the CONSULTANT, and shall remain the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re -perform any services not meeting this standard without additional compensation. ARTICLE V. OPINIONS OF COST FINANCIAL CONSIDERATIONS AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VII. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT'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. I:\Engineering\2016CONTRACTS\tg-01 Kienast-Paulus LF\Proj,, Wonnation\Contract Page 2 of 6 6Ju\Consultant Agraements\EMT5\EMTS Agreement -Asbestos Wp_lt-949.d= ARTICLE VHI. CITY'S INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all project work including the value of all onsite CITY -furnished equipment and/or materials associated with CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of such policy. ARTICLE IX. 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 CONSULTANT's Proposal. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE X. 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. CONSULTANT's Proposal dated October 28, 2019 and attached hereto In the event 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 XI. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the 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: 1:\Engit ring\2o18CONTR CT \1H-01 Kiemst.Pauius LF\Pmjact_INo=adon\Contract Page 3 of 6 bdo\Cory.Itant Agreements\EMTS\EMTS AgreemcnbAsbe I.p_11-9-19.d. • Lump Sum Not to Exceed $2,225 (Two Thousand Two Hundred Five Dollars). B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT 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 CONSULTANT 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. D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s) not including documentation. ARTICLE XII. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify the CITY for all sums including court costs, attorney fees, and damages of any kind which the CITY may be obliged or adjudged to pay on any such claims or demands upon the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re -use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. 1;\Engineering\2018 CONTB Cl I"l Kiemst-Paulus LF\Project LdormaHon\Contract Page 4 of 6 lofo\Com ltant Agreements\EMTS\EMTS Agreement -Asbestos hnp_11-7-19.doa ARTICLE XIII. INSURANCE The CONTRACTOR agrees to obtain General Liability Coverage of $500,000 per occurrence. The following must be named as additional insureds — City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted to the applicable City department prior to commencement of the work. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non- renewed until at least 30 days prior written notice has been given to the City Clerk — City of Oshkosh. ARTICLE XIV. TERMINATION A. For Cause. If the CONSULTANT 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 CONSULTANT. In this event, the CONSULTANT 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 CONSULTANT no later than ten (10) calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT 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. ARTICLE XV. RE -USE OF PROTECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. The CITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized re -use, change, or alteration of these project documents. ARTICLE XVI. SUSPENSION. DELAY, OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. 1:\Engin ring\MB CONT M\1"l Kienast-Paulus LF\Project_4Jom flon\Comma Page5of6 1Nu\Consultant Agreements\EMnS EMTS Agreement -Asbestos Imp 11-]-19.docx } ARTICLE XVII. NO THIRD -PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third -party beneficiaries. In the Presence of: (Seal of Consultant if a Corporation) (Witness) CONSI Lm B7 (Specify Title) CITY OF m Director of Public Works 1:\Engin ring\2018 CONTRACI5\1"l Kienaat-Paulus LF\Project Info=atiun\Contract Page 6 of 6 Info\Cuasultant Agreements\ EMTS\ EMTS Agreement -Asbestos 1rep_11-7-19.doca October 28, 2019 City of Oshkosh Mr. James Rabe 215 Church St. Oshkosh, WI 54901 Dear Mr. Rabe: Environmental Management & Testing Services RECEIVED OCT302019 DEPT OF PUBLIC WORKS SlIq OSHKOSH, WISCOn RIC Environmental Management and Testing Services, LLC (EMTS) is pleased to respond to your request for completing the Wisconsin DNR required pre -demolition asbestos inspections for the below properties in Oshkosh, WI. Our inspection will be conducted pursuant to State of Wisconsin Asbestos Certification requirements of DHS Chapter 159, DNR NR 447 and OSHA 29 CFR 1910.1001. Company EMTS # CAP-2149220 Inspector Jerome T Hinke # All-2578 Scope of Work • Perform on -site surveys to identify suspect asbestos containing building materials (ACBM) in and on the properties listed below for demolition. • Sample collection and analysis for asbestos content (PLM EPA 600/R-93/116 Method) • Submit a final report detailing ACM locations and quantities • Provide project requirements and asbestos abatement contractor assistance. Facility Information • hrspection Location: 859, 885 and 905 W 17s' Ave. Oshkosh, WI • Facility Description: Residential homes for Municipal demolition • Inspection Date: TBD Project Fee: 859 W 17'^ - $ 675.00 885 W 17s'- $ 775.00 905 W 17'l- 775.00 Total Cost: $ 2,225.00 Note: Add $ 75.00 each for materials that may require additional 400 point count testing. This is not typically necessary. If this proposal is acceptable, please indicate below and return a copy to our office. Thank you and we look forward to working with you on this project. Sincerely, L �i Jerome T Hinke President Authorized Signature: Date: PO# P.O. Box 3861 1 Oshkosh, WI 54903 lerry@aemts-wi.com I (920)376-1372 www.emts-wi.com ENVIMAN-01 CERTIFICATE OF LIABILITY INSURANCE 1 DATE111261201926/2019 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 License # 100290819 co ci Bonnie Weiss Shebo an, WI Hub International Midwest Limited PHONE FAX Y9. _ RECEIVED IAIC. No. ExO: AIC, No: WI 53081 NOV 26'2019 INSURED DEPT OF PUBLIC WORK Environmental Management SIN PO Box 3861 Oshkosh, WI 54903 RFVIRInN NIIMRFRI 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 rypE OF INSURANCE ADDLSUB INqD POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCUILGENERALUABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE �X occuR 66101D0 12/81201a 1218/2018 PR DAMAGES(.. ED 300,000 MED EXP An one arson $ 10,000 PERSONAL A AW INJURY 11000,000 GENT AGGREGATE LgIIMpIIT. APPLIES PER: POLICY FAI jECT LOC GENERAL AGGREGATE S 2,000,000 PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT $ BODILY INJURY Par Pereon ANY AUTO BODILY INJURY Per accident) $ AIUgT�OS ONLY AUUpTTNO.pSSWWULNNE�Dpp NLTOS ONLY AUTOSONLY f2e0PPE�RYmDAMAGE A X UMBRELLAUAB EXCESS une X OCCUR CLAMS -MADE 6610100 121812018 121812019 EACH OCCURRENCE $ 2,000,000 AGGREGATE 2,000,000 DED X RETENTIONS 0 S WORKERS COMPENSATION AND EMPLOYERS'LIASIUry YIN ECUTIVE SPTERTUTE OTH- E.L. EACH ACCIDENT S E.L. DISEASE -EA EMPLOYE 5 OFFICREROPRIETORIPARTNERE (Man atery In NHl ❑ NIA E.L DISEASE - POLICY LIMIT Each Claim 1,000,000 B Dyes, des 10 OF DESCRIPTION OF bebw Professional Liabili EEH288388623 12/812018 121812021 B Professional Liablll EEH288388623 121812018 121812021 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addlttend Remarks Schedule, may be attached if more space is reqaired, City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are include tl as Additional Insureds for ongoing and completed operations per endorsements #CG2010 (7-04) & CG2037 (7.04) on the General Liability policy. City of Oshkosh Attn: City Clerk 215 Church Ave PO Box 1130 Oshkosh, WI 64903.1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) v i BaB-zui o nwrcu wrtrvtcn nvrv. nu uynaa rcam reu. The ACORD name and logo are registered marks Of ACORD 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 Organization(s): Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II -- 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" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". 0 ISO Properties, Inc., 2004 CG 20 37 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 Name Of Additional Insured Person(s) I Location(s) Of Covered Operations Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -- Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 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 location 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. 9 ISO Properties, Inc., 2004 CG 20 10 07 04