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HomeMy WebLinkAboutPSI_Agreement-2022_Construction Materials 2-9-22I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\PSI 2022 Const Mtl's Testing\PSI Agreement- 2022 Const Matl's_2-9-22.docx Page 1 of 7 AGREEMENT This AGREEMENT, made on the 9th day of February, 2022, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and PROFESSIONAL SERVICE INDUSTRIES, INC., 3009 Vandenbroek Road, Kaukauna, WI 54130, 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 CONSTRUCTION MATERIALS TESTING SERVICES FOR 2022 CAPITAL IMPROVEMENT PROGRAM. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Patrick Bray – Branch Manager 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: Mike Blank – Construction Management Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CITY’S Request for 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. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\PSI 2022 Const Mtl's Testing\PSI Agreement- 2022 Const Matl's_2-9-22.docx Page 2 of 7 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. 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 VI. 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. ARTICLE VII. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if mutually agreed, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\PSI 2022 Const Mtl's Testing\PSI Agreement- 2022 Const Matl's_2-9-22.docx Page 3 of 7 If hazardous substances other than asbestos are suspected, CONSULTANT will, if mutually agreed, conduct tests in an effort to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE VIII. 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 CITY’s Request for 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. While CONSULTANT has made reasonable efforts to incorporate into their plan for the PROJECT any known current project impacts of the COVID-19 pandemic, CONSULTANT has not accounted for, and is not responsible for, unknown future changes due to the COVID-19 pandemic, including, without limitation, additional restrictions by government agencies or others (such as the availability of the site for access or the availability of CITY or CONSULTANT staff or others) to the extent they delay or otherwise impact the PROJECT. In that event, CONSULTANT will notify CITY and work in good faith to equitably address any unexpected impacts therefrom. ARTICLE IX. 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. CITY’s Request for Proposal dated January 14, 2022 and attached hereto DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\PSI 2022 Const Mtl's Testing\PSI Agreement- 2022 Const Matl's_2-9-22.docx Page 4 of 7 3. CONSULTANT’s Proposal dated January 25, 2022 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 X. 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:  Time and Materials Not to Exceed $96,650 (Ninety Six Thousand Six Hundred Fifty Dollars).  Attached fee schedule shall be firm for the duration of this AGREEMENT. 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. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\PSI 2022 Const Mtl's Testing\PSI Agreement- 2022 Const Matl's_2-9-22.docx Page 5 of 7 ARTICLE XI. STANDARD PROVISIONS The CONSULTANT agrees that, in all hiring or employment made possible by or resulting from this AGREEMENT, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 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. ARTICLE XIII. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. 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. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\PSI 2022 Const Mtl's Testing\PSI Agreement- 2022 Const Matl's_2-9-22.docx Page 6 of 7 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 PROJECT 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. Subject to individual review, CONSULTANT’S reports, drawings, specifications, documents, or other deliverables will generally be considered public records that are available to the public upon request. Neither the CITY nor the CONSULTANT, therefore, has control of these documents once they are disclosed as a public record. It is understood between these two parties, however, that CONSULTANT does not intend to state or imply that the PROJECT documents it creates have any purpose unrelated to the PROJECT. To the extent the CITY may re-use or reference any part of the CONSULTANT’S documents or information on unrelated projects, the CITY agrees to independently verify their applicability for unrelated projects and further agrees the Standard of Care applicable to the documents for this PROJECT will not apply to their re-use or reference in unrelated projects. 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 agreement price and schedule shall be equitably adjusted. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\PSI 2022 Const Mtl's Testing\PSI Agreement- 2022 Const Matl's_2-9-22.docx Page 7 of 7 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: CONSULTANT ____________________________ By: _____________________________ ____________________________ Patrick Bray (Seal of CONSULTANT Branch Manager if a Corporation) By: _____________________________ _____________________________ (Specify Title) CITY OF OSHKOSH _____________________________ By: _____________________________ (Witness) Mark A. Rohloff, City Manager _____________________________ And: _____________________________ (Witness) Jessi L. Balcom, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. _____________________________ City Attorney ___________________________________ City Comptroller DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Cover Letters\PSI Cover Ltr_1-14-22.docx Page 1 of 2 City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us January 14, 2022 Patrick Bray Professional Services Industries, Inc. 1125 West Tuckaway Lane, Suite B Menasha, WI 54952 E-Mail: patrick.bray@psiusa.com RE: Request for Proposals (RFP) for Construction Materials Testing Services for 2022 Capital Improvement Projects Dear Patrick: The City of Oshkosh (City) is hereby requesting Proposals be submitted for Construction Materials Testing services related to the City’s 2022 Capital Improvement Projects. The services requested are providing nuclear density testing services of utility trench backfill, laboratory testing, and other field testing of these materials, as necessary. The Proposal shall include, at a minimum: related project experience; planned project team and resumes; laboratory testing, standard asphalt testing, other construction testing, and engineering fee schedules; and a breakdown of costs, as requested in the enclosed Scope of Services. The Proposals will be reviewed for completeness and how well it is demonstrated the needs of the City can be met. The award of this work will not be based solely on the cost of the Proposal. Questions regarding this RFP shall be e-mailed to me at mblank@ci.oshkosh.wi.us (with the subject heading of “2022 CIP Construction Materials Testing RFP Questions”) by 12:00 noon on Thursday, January 27, 2022. The questions and appropriate responses will be distributed to all parties receiving this RFP by 4:30 p.m. on Friday, January 28, 2022. Please submit one (1) hard copy and one (1) pdf copy of the Proposal to Tracy Taylor no later than 9:00 a.m. on Tuesday, February 1, 2022. It is anticipated the award of this Agreement will be made by Tuesday, February 8, 2022. Please ensure you have the proper insurance paperwork, so the award is not delayed. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Cover Letters\PSI Cover Ltr_1-14-22.docx Page 2 of 2 Enclosed with this letter are copies of the Scope of Services, Proposal Cost Breakdown, Standard Engineering Services Agreement, and Professional Services Liability Insurance Requirements. The information contained within these enclosures shall become a part of the Agreement with the Consultant selected to perform the Services. If you have any questions, please do not hesitate to contact us. Sincerely, Mike Blank Construction Management Supervisor MB/tlt Enclosures cc: James Rabe, P.E., CPESC, Director of Public Works Steven M. Gohde, P.E., Assistant Director of Public Works / Utilities General Manager Justin Gierach, P.E., Engineering Division Manager / City Engineer File DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Scope of Services_1-14-22.docx Page 1 of 8 SCOPE OF SERVICES CITY OF OSHKOSH CONSTRUCTION MATERIALS TESTING SERVICES 2022 CAPITAL IMPROVEMENT PROJECTS This Agreement is to provide utility nuclear density testing services of utility trench backfill, laboratory testing, and other field testing of these materials, as necessary. Responsibilities include providing qualified timely response, daily coordination and communication with contractors and City staff, and prompt professional reporting of test results. 1. Background A. The following City Projects are planned to be covered under this Agreement: 1. Contract 22-01 Bowen Street Sanitary Interceptor Sewer and Storm Sewer Construction a. Bowen Street (East Murdock Avenue to Anchorage Court) 2. Contract 22-02 East 9th Avenue Reconstruction a. East 9th Avenue (South Main Street to Pioneer Drive) 3. Contract 22-03 Bradley Street Asphalt and Utility Construction a. Bradley Street (West 28th Avenue to West Waukau Avenue) 4. Contract 22-04 – Algoma Boulevard and Vine Avenue Reconstruction a. Algoma Boulevard (Wisconsin Street to Congress Avenue) b. Vine Avenue (Algoma Boulevard to High Street) 5. Contract 22-05 – East Lincoln Avenue and Rosalia Street Reconstruction a. East Lincoln Avenue (North Main Street to Railroad Tracks) b. Rosalia Street (Washington Avenue to Ceape Avenue) 6. Contract 22-07 Oregon Street Sanitary Interceptor Sewer Construction a. Oregon Street (West Waukau Avenue to West 35th Avenue) 7. Contract 22-08 Parking Improvements a. 300 East Parking Lot – 17 Washington Avenue b. Quarry Park c. Red Arrow Park DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Scope of Services_1-14-22.docx Page 2 of 8 8. Contract 22-13 – Witzel Avenue Sanitary Sewer a. Witzel Avenue (North Oakwood Road to 1,200’ east of North Oakwood Road) 9. Contract 22-14 – Pratt Trail Reconstruction a. Pratt Trail (Merritt Avenue to Siewert Trail), located in Menominee Park 10. Contract 22-20 – Storm Sewer Laterals / Various Locations B. The 2022 Capital Improvement Program is subject to change. Projects may be added or deleted based on the needs of the City. Work listed throughout this Request for Proposal (RFP) is not guaranteed. The City reserves the right to send out additional RFPs. 2. Testing and Reporting A. All tests and reports shall be in conformance with the latest ASTM Standards. The selected consultant will be responsible for providing all necessary forms for labeling of samples and documentation of test results. Test results shall include the location, sample number, and be separated per City Contract number. B. Soils and Aggregate Testing Provide the necessary labor and equipment for onsite nuclear density testing of utility trench backfill and associated laboratory material testing. Specifications will be based on the current edition of the Standard Specifications for City of Oshkosh, Wisconsin (CITY SPECIFICATIONS) and each Contract’s Special Conditions. The testing firm shall obtain all test samples from construction sites throughout the City and may be required to obtain samples from various source sites. At a minimum, keep all lab samples until the end of each Contract. Nuclear density testing will be performed on an as-needed basis, dependent on each contractor’s schedule. As a reference, based on past years, a field density testing technician was required almost daily throughout the construction season. It is the testing firm’s responsibility to verify the Contractor’s schedule and to coordinate with the City’s Inspectors/Engineers daily. This year’s season is anticipated to commence in March and continue through December. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Scope of Services_1-14-22.docx Page 3 of 8 Nuclear density tests shall be located by Project station, elevation, and utility trench type. The density testing technician shall notify the City Inspector and appropriate contractor of all failing tests. Failing areas shall be re-compacted and re-tested until passing results are achieved. All tests shall be documented. In addition to the utility trench density testing, assist the City Inspector on inspection of backfilling operations per the current edition of the CITY SPECIFICATIONS. Work with the Contractor by providing ideas and methods of improving compaction, if necessary. C. Reporting 1. Technician Daily Reports a. Technicians will be required to document their activities through a daily report. These reports shall include the date, a detailed summary of the activities taking place for which they are inspecting/testing, the technician’s arrival and departure times, and other pertinent information as is standard with this type of reporting. There shall be a separate daily report for each City Contract worked on that day. Daily reports can be hand written, but must be legible. The technician shall document any observations, conversations, suggestions, etc. during the construction site visit. 2. Material Test Reports a. Material test results shall be emailed in pdf format to the City Project Engineer within forty-eight (48) hours of notification of sample pick-up, unless the lengths of the test dictate otherwise. 3. Summary Reports a. Monthly testing summary reports during construction shall include a written summary; any material test results from that time frame; an updated, typed compaction results log; and the technician’s daily field reports. All reports shall be signed by the appropriate signing authority of the selected firm and the project manager. Separate reports shall be generated for each City Contract, should multiple projects occur during the same time interval. The monthly summary reports shall be submitted in conjunction with the Contract’s respective invoice. A final report shall be prepared upon the completion of each individual City Contract. b. All reports shall be typed in a professional manner according to industry standards and can be e-mailed to the City Project Engineer in pdf format. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Scope of Services_1-14-22.docx Page 4 of 8 4. Periodic Updates a. Additional e-mail correspondence or summary reports may be necessary depending on certain situations. The testing firm’s project manager shall notify the City Project Engineer of any issues throughout construction. 3. Proposal Cost Breakdown A. The Proposal Cost Breakdown sheet shall be filled out and included in the Proposal. B. A description of each item is as follows: 1. Roundtrip Charge – includes the technician’s travel time and mileage to and from the City each day services are required. The Roundtrip Charge shall also include any office time required by the technician prior to or after the day’s field activities. If the technician will be working on various City Contracts during a single day, the Consultant will only charge the City a single Roundtrip Charge for that day, not one (1) Roundtrip Charge for each City Contract the technician worked on. Consultant shall ensure that, in cases like that stated above, over the length of the Agreement, the Roundtrip Charges will not be charged to only one (1) City Contract, but distributed among the City Contracts. 2. Field Time – includes all necessary labor costs while testing in the City including travel time between various projects. Travel time shall be split equally between projects and documented in their respective daily report. The City Inspector shall be notified upon arrival to and departure from the Contract Project site per visit. The City Project Engineer shall be notified by phone upon arrival to and departure from the City per trip. The field time hourly rate will apply, even if overtime is worked by the technician. Some overtime is expected due to the tight construction windows placed upon the contractors. 3. Equipment Rental – includes all necessary rental charges for equipment and materials used in the performance of the testing requirements. 4. Vehicle Rental – includes vehicle rental charges while in the City of Oshkosh. Mileage traveling between projects throughout the day will not be considered. Vehicle costs incurred while traveling to and from the City shall be covered under the Roundtrip Charge. Rental time shall match the technician’s onsite field time for that day. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Scope of Services_1-14-22.docx Page 5 of 8 5. Sieve Analysis of Aggregate – includes all necessary labor and equipment to provide a sieve analysis per the latest ASTM standards and to compare with the Contract’s material specifications. Cost to also include report generation and distribution to City and contractor personnel. 6. Modified Proctor Density Test (aggregate) – includes all necessary labor and equipment to provide a modified proctor density test of aggregate per the latest ASTM standards. Cost to also include report generation and distribution to the City. 7. Trench Backfill Testing Reports – includes all necessary labor and material costs to provide monthly summary reports. Reports to include a written engineering summary, material test results, an updated running log of the compaction results, and the technician’s daily field reports for the respective period. 8. Engineer Consultation – Professional Engineer’s (geotechnical and materials background required) labor rate, should services be requested for consultation or to attend any meetings. Engineer consultation time should only be used with approval from City Project Engineer. 9. Project Manager – City-approved project manager’s (geotechnical and materials background required) labor rate. This Agreement will allow up to a total of 2.5 hours per week without prior approval from the City for project coordination, scheduling, and other duties, as necessary. This person will be asked to attend the Contractor’s Pre-Construction Meetings and will be paid according to this hourly rate. Additional time per week for normal project management shall be considered incidental to the Agreement. 10. Response Time – time it will take the Consultant to mobilize a technician from the home office to a particular construction site in the City, if notified by the City or Contractor their presence is required. An important factor in the selection of the Consultant is their ability to be responsive should their services become necessary on short notice. 4. Additional Information A. The technician will be required to be on site on an as-needed basis, per the Contractor’s schedule and/or at the City’s request. Typically, a technician will not be on site every hour contractors are working, but rather during backfilling operations. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Scope of Services_1-14-22.docx Page 6 of 8 B. There are times when an additional technician may be needed. This would primarily be during asphalt paving operations or during clay liner installation that take place concurrently with multiple utility projects. C. The technician will be required to make site visits after excavation to verify soils are adequate (strength and material) for facility bearing (1,500 PSF); to make recommendations for additional work to address the conditions if the soils are not adequate; and to make return site visits after corrective measures are in place to verify soils are now adequate (strength and material) for facility bearing (1,500 PSF). 5. Additional Proposal Requirements A. In addition to the requirements listed throughout this RFP, each respondent shall include the following: 1. Prepare a summary of the firm’s understanding of this Scope of Services. 2. Provide a brief description of the respondent’s organization. 3. List the planned project team and provide their respective resumes, including relevant experience and training. Specifically, provide the names/titles of personnel assigned to each task, including the Project Manager. It is required that the proposed technician have previous experience with utility trench construction. It is desired to have a mid- to senior-level technician. Should the need arise for a replacement technician during the season, the City Project Engineer shall be notified for prior approval. Include names and resumes of any potential replacement technicians in the Proposal. 4. Provide a list of recent projects of a similar nature and capacity in which the respondent has been involved. 5. Furnish a list of at least three (3) references that will be able to verify information supplied in the firm’s Proposal. B. The Proposal shall also include fee schedules for laboratory testing, including additional testing required for clay liners per the Wisconsin Department of Natural Resources Technical Standard 1001; standard asphalt testing; various levels of engineering rates; and other construction testing services not covered specifically in this Scope of Services. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Scope of Services_1-14-22.docx Page 7 of 8 6. Invoices A. The Consultant shall submit itemized monthly statements for services. Separate invoices are required per City Contract. Invoices shall be emailed to Tracy Taylor (ttaylor@ci.oshkosh.wi.us) within one (1) week after the end of the previous calendar month. Required back-up information is as follows: 1. Monthly reports shall be utilized as back-up documentation. Time periods on the monthly reports and the invoices shall be the same. 2. For any approved consultation or additional project management time, include the date, a description of the discussion and/or activity, and the name of the City staff person and the Consultant’s staff involved in the discussion. B. Additional invoicing and payment requirements are stated in the City’s Agreement. 7. Agreement Award A. The Agreement will be awarded on a time-and-materials basis, with a not-to-exceed total. Changes to the Agreement will be completed per the requirements set forth in the City’s Agreement document. Indicated quantities in this RFP are only an estimate and are not guaranteed. B. By providing a signed Proposal, the respondent is acknowledging they will work solely under the terms and conditions of the City and, if selected, will provide insurance documents according to the attached requirements upon request of the City. Besides prior negotiated agreements between the Consultant and the City, a consultant’s terms and conditions will not be accepted as part of the Agreement. C. The information contained within the signed Agreement, the RFP with its attached documents, and the Consultant’s Proposal shall become a part of the Agreement with the Consultant selected to perform the services. D. The Proposals will be reviewed for completeness and how well it is demonstrated that the needs of the City can be met. The award of this work will not be based solely on cost of the Proposal, but will place high value on the ability to provide timely responses and on technician experience with this type of work. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Scope of Services_1-14-22.docx Page 8 of 8 8. Project Schedule A. It is anticipated the City will make the selection by Tuesday, February 1, 2022. Construction is scheduled to begin on or around February 21, 2022. The Agreement will terminate December 31, 2022, or upon the completion of any testing project started in 2022. The City maintains the right to terminate the Agreement if the Consultant does not respond as stated in the accepted Proposal. 9. Method of Response A. As stated in the cover letter, questions regarding this RFP shall be e-mailed to mblank@ci.oshkosh.wi.us by 12:00 p.m. on Thursday, January 27, 2022. The subject heading of the e-mail shall be “2022 CIP Construction Materials Testing RFP Questions”. The questions and appropriate responses will be distributed to all parties receiving this RFP by 4:30 p.m. on Friday, January 28, 2022. B. Please submit one (1) hard copy of the Proposal with original signatures and one (1) pdf copy of the Proposal to Tracy Taylor no later than 9:00 a.m. on Tuesday, February 1, 2022. Proposals may be delivered or mailed to: Tracy Taylor Department of Public Works City of Oshkosh 215 Church Avenue, Room 301 PO Box 1130 Oshkosh, WI 54903-1130 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Proposal Cost Breakdown_1-14-22.docx Page 1 of 1 PROPOSAL COST BREAKDOWN CITY OF OSHKOSH CONSTRUCTION MATERIALS TESTING SERVICES 2022 CAPITAL IMPROVEMENT PROJECTS ITEM DESCRIPTION UNIT EST. QTY. BID UNIT PRICE BID TOTAL PRICE 1. Roundtrip Charge Each 225 $ $ 2. Field Time Hour 1,800 $ $ 3. Equipment Rental Hour 1,800 $ $ 4. Vehicle Rental Hour 1,800 $ $ 5. Sieve Analysis of Aggregate Each 20 $ $ 6. Modified Proctor Density Test (aggregate) Each 15 $ $ 7. Trench Backfill Testing Reports Each 40 $ $ 8. Engineer Consultation Hour 15 $ $ 9. Project Manager Hour 100 $ $ TOTAL $ RESPONSE TIME TO SITE _____________hours DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Current Agreement Form_1-14-22.docx Page 1 of 7 AGREEMENT This AGREEMENT, made on the _____ day of ________________, 2022, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CONSULTANT’S NAME, address , 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 CONSTRUCTION MATERIALS TESTING SERVICES FOR 2022 CAPITAL IMPROVEMENT PROGRAM. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Name – Title 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: Mike Blank – Construction Management Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CITY’S Request for 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. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Current Agreement Form_1-14-22.docx Page 2 of 7 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. 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 VI. 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. ARTICLE VII. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if mutually agreed, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Current Agreement Form_1-14-22.docx Page 3 of 7 If hazardous substances other than asbestos are suspected, CONSULTANT will, if mutually agreed, conduct tests in an effort to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE VIII. 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 CITY’s Request for 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. While CONSULTANT has made reasonable efforts to incorporate into their plan for the PROJECT any known current project impacts of the COVID-19 pandemic, CONSULTANT has not accounted for, and is not responsible for, unknown future changes due to the COVID-19 pandemic, including, without limitation, additional restrictions by government agencies or others (such as the availability of the site for access or the availability of CITY or CONSULTANT staff or others) to the extent they delay or otherwise impact the PROJECT. In that event, CONSULTANT will notify CITY and work in good faith to equitably address any unexpected impacts therefrom. ARTICLE IX. 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. CITY’s Request for Proposal dated _____________ and attached hereto DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Current Agreement Form_1-14-22.docx Page 4 of 7 3. CONSULTANT’s Proposal dated ____________ 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 X. 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:  Time and Materials Not to Exceed $_________ (__________________________________________ Dollars).  Attached fee schedule(s) shall be firm for the duration of this AGREEMENT. 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. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Current Agreement Form_1-14-22.docx Page 5 of 7 ARTICLE XI. STANDARD PROVISIONS The CONSULTANT agrees that, in all hiring or employment made possible by or resulting from this AGREEMENT, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 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. ARTICLE XIII. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. 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. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Current Agreement Form_1-14-22.docx Page 6 of 7 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 PROJECT 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. Subject to individual review, CONSULTANT’S reports, drawings, specifications, documents, or other deliverables will generally be considered public records that are available to the public upon request. Neither the CITY nor the CONSULTANT, therefore, has control of these documents once they are disclosed as a public record. It is understood between these two parties, however, that CONSULTANT does not intend to state or imply that the PROJECT documents it creates have any purpose unrelated to the PROJECT. To the extent the CITY may re-use or reference any part of the CONSULTANT’S documents or information on unrelated projects, the CITY agrees to independently verify their applicability for unrelated projects and further agrees the Standard of Care applicable to the documents for this PROJECT will not apply to their re-use or reference in unrelated projects. 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 agreement price and schedule shall be equitably adjusted. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\2022 Const Mtl's Testing\Current Agreement Form_1-14-22.docx Page 7 of 7 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: CONSULTANT ____________________________ By: _____________________________ ____________________________ (Seal of CONSULTANT _____________________________ if a Corporation) (Specify Title) By: _____________________________ _____________________________ (Specify Title) CITY OF OSHKOSH _____________________________ By: _____________________________ (Witness) Mark A. Rohloff, City Manager _____________________________ And: _____________________________ (Witness) Jessi L. Balcom, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. _____________________________ City Attorney ___________________________________ City Comptroller DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 4/14/14 III - 1 CITY OF OSHKOSH INSURANCE REQUIREMENTS III. PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 products – completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations must be carried for 2 years after acceptance of completed work (6) The general aggregate must apply separately to this project/location 3. BUSINESS AUTOMOBILE COVERAGE– If this exposure shall exist: A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol #1 - “Any Auto” – including Owned, Non-Owned and Hired Automobile Liability. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 4/14/14 III - 2 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY – “If” required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease – Each Employee 5. UMBRELLA LIABILITY - If exposure exists, provide coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. 6. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements – The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products – Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Professional Liability, Workers Compensation and Employers Liability. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. 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. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYY) 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 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 (A/C. No. Ext): FAX (A/C. No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: ABC Insurance Company NAIC # INSURED INSURER B: XYZ Insurance Company NAIC # INSURER C: LMN Insurance Company NAIC # INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 AMY 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYY) POLICY EXP (MM/DD/YYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 A CLAIMS-MADE OCCUR MED EXP (Any one person) $ 5,000 ISO FORM CG 20 37 OR EQUIVALENT PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS – COMP/OP AGG $ 2,000,000 POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? Y / N (Mandatory in NH) N If yes, describe under DESCRIPTION OF OPERATIONS below WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE – EA EMPLOYEE $ 100,000 E.L. DISEASE – POLICY LIMIT $ 500,000 A PROFESSIONAL LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insureds per attached endorsements. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. 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. CERTIFICATE HOLDER CANCELLATION City of Oshkosh, Attn: City Clerk 215 Church Avenue 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. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Insurer(s) must have a minimum A.M. Best rating of A- and a Financial Performance Rating of VI or better. Policy effective and expiration date. Policy effective and expiration date. Policy effective and expiration date. Policy effective and expiration date. General Liability Policy Number Auto Liability Policy Number Professional Liability Policy Number Workers Compensation Policy Number Insurance Agent’s contact information. Insurance Agency contact information, including street address and PO Box if applicable. Insured’s contact information, including name, address and phone number. Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. Umbrella Liability Policy Number Policy effective and expiration date. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 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) Or Organization(s): Location(s) Of Covered Operations As required by contract Any and all job sites 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 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) design- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to “bodily injury” or “property damage” occurring after: 1. All work, including materials, parts or equip- ment 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 in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 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 As required by contract Any and all job sites 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”, “property dam- age” caused, in whole or in part, by “your work” at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the “products-completed operations hazard”. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Policy # Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 1 Taylor, Tracy L From:Taylor, Tracy L Sent:Friday, January 28, 2022 9:25 AM To:'Patrick Bray' Cc:Gierach, Justin; Blank, Michael E. Subject:RE: Request for Proposals for 2022 CIP Construction Materials Testing Services TrackingTracking:Recipient Read 'Patrick Bray' Gierach, Justin Read: 1/28/2022 9:31 AM Blank, Michael E.Read: 1/31/2022 11:41 AM There were no questions regarding this Request for Proposals. Proposals are due by 9:00 a.m. on Tuesday, February 1, 2022. Tracy L. Taylor Administrative Assistant, Public Works/Engineering Division City of Oshkosh 920.236.5195 Follow us: Web | Facebook | Twitter From: Taylor, Tracy L Sent: Friday, January 14, 2022 3:20 PM To: 'Patrick Bray' <patrick.bray@intertek.com> Cc: Gierach, Justin <jgierach@ci.oshkosh.wi.us>; Blank, Michael E. <mblank@ci.oshkosh.wi.us> Subject: Request for Proposals for 2022 CIP Construction Materials Testing Services Patrick, Attached is our RFP for 2022 CIP Construction Materials Testing Services. Proposals are due by 9:00 a.m. on Tuesday, February 1, 2022. If you have any questions, please contact us. Tracy L. Taylor Administrative Assistant, Public Works/Engineering Division DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2 DocuSign Envelope ID: 1E5F227A-459B-4701-9CFC-D7C00D0A65A2