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Home My WebLink AboutMidwest Engineering Services/2012 CIP CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5065 FAX (920)236-5068 LETTER OF TRANSMITTAL To: Mr. John D. McAfee Date: January 26, 2012 Midwest Engineering Services, Inc. Subject: Executed Contract for 2012 CIP 1125 W Tuckaway Lane, Suite B Geotechnical Services Menasha, WI 54952 Please find: ® Attached El Under Separate Cover El Copy of Letter ® Contracts El Amendment El Report ❑ Agenda El Meeting Notes El Photos El Mylars ❑ Change Order ❑ Plans El Specifications El Estimates El Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Contract for 2012 CIP Geotechnical Services • These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: Enclosed is a copy of the executed contract for the 2012 CIP geotechnical services. A copy of the City of Oshkosh's Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. City Attorney—Original City Clerk— Original cc: _ File— Original Signed: Tracy/./..'—aylor I:\Engineering\Soil Borings\20I 2 Projects\LOT-Executed Contract for Midwest_1-26-12.doc AGREEMENT THIS AGREEMENT,made on the 13th day of January,2012,by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Midwest Engineering Services,Inc., 1125 W.Tuckaway Lane,Suite B,Menasha,Wisconsin,hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, agree as follows: ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this contract: John D. McAfee, Menasha 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 contract: Joseph R. Sargent, P.E., Civil Engineer I (Senior) ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CITY's Request for Proposals and Proposal of the CONSULTANT. If anything in the Proposal conflicts with the Request for Proposals, the provisions in the Request for Proposals shall govern. Both the Request for Proposal and the Proposal are attached to this agreement. The CONSULTANT may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. I:\Engineering\Soil Borings\2012 Projects\Proposal Phase\MES\MES-Soil Borings 2012 Agreement Form.doc ARTICLE IV. CITY RESPONSIBLITIES 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 V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time frames listed in Scope of Services attached to the CITY's Request for Proposal. ARTICLE VI. PAYMENT A. The Contract Sum. The CITY shall pay to the CONSULTANT for the performance of the contract on a time and materials basis not to exceed the total of$63,981.70, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The CONSULTANT shall submit an itemized statement for services once an individual contract deliverable is accepted as complete by the CITY. The CITY shall pay the CONSULTANT 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 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. ARTICLE VII. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONSULTANT, 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 maybe obliged or adjudged to pay on any such claims or demands within thirty(30) I:\Engineering\Soil Borings12012 Projects\Proposal Phase\MES\MES-Soil Borings 2012 Agreement Form.doc days of the date of the City's written demand for indemnification or refund. ARTICLE VIII. INSURANCE The Contractor/Consultant shall carry insurance which includes the City and its employees and agents as an additional insured's for work required by this Agreement. The Contractor's insurance must be primary insurance. The type of insurance and coverage's must conform to the attached City of Oshkosh Insurance Requirements. ARTICLE IX. 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 contract at any time by giving written notice to the CONSULTANT no later than 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. In the Presence of: CONSULTANT f;7 7ry � , 5d� By: f/7 (Title) Seal if Corporation By: (Title) I:\Engineering\SoilBorings\2012 Projects\Proposal Phase\MES\MES-Soil Borings 2012 Agreement Form.doc CITY OF OSHKOSH , 4, _ .. c� / / ' By: MakA. Roh toff, ity Mana er W' 041 ness) ) And: _ /%% _ T-� li U.� �' L`. \' �(�� , („ / = /( : /!'�( 7—) Pamela R. Ubrig, City Clerk ( Witness) APPROVED: I hereby certify that the necessary provisions ' have be e u enn d mer a tdhe i s t o c opnaty r atchte. liability lity which will ' h, IVYL L----_ /L Y nn ° . Lorenson, J G ( %,7 - Peggy A. Director of Finance I:\Engineering\Soil Borings\2012 Projects\Proposal Phase\MES\MES-Soil Borings 2012 Agreement Form.doc PROPOSALS ARE ON FILE AND AVAILABLE FOR REVIEW IN THE CITY CLERK' S OFFICE