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Midwest Engineering Services/2013 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. Ryan Portman Date: April 2, 2013 Midwest Engineering Services, Inc. Subject: Executed Agreement 608 North Stanton Street 2013 CIP Construction Materials Ripon, WI 54971-1182 Testing Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment El Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested El For Review& Comment Remarks: Enclosed is a copy of the executed agreement for the 2013 CIP construction materials program. A 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's Office—Copy City Clerk's Office —Original cc: _ File — Original Signed: 7tK Tracyt. Taylor C\Engineenng\Density Testing120131LOT-MES executed agreement_4-2-13.docx AGREEMENT THIS AGREEMENT, made on the G�� ay of A b& , 2013, by and between the CITY OF OSHKOSH, party of the first 'art, hereinafter referred to as CITY, and MIDWEST ENGINEERING SERVICES, INC., 608 North Stanton Street, Ripon, WI 54971-11821 party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement. The CONSULTANT's Proposal and the City of Oshkosh's Request for Proposal are attached hereto and reflects the agreement of the parties except where they conflict with this Agreement, in which case this Agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this Agreement: Ryan J. Portman, P.E. — 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 Agreement: Joseph R. Sargent, P.E. — Civil Engineer Senior ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. 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:1EngineeringlDensity Testing120131MES Agreement_3-19-13.docx Page 1 of 4 All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. ARTICLE IV. 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 V. 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 that 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 VI. 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 of Oshkosh Request for Proposal 3. Consultant's Proposal In the event that 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. I:\Engineering\Density Testing\2013\MES Agreement_3-19-13.docx Page 2 of 4 ARTICLE VII. 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 $74,450.00 (Seventy-Four Thousand Four Hundred Fifty Dollars). • Attached fee schedules 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 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 VIII. 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 Agreement or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE IV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE X. 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. I:1Engineering\Density Testing120131MES Agreement_3-19-13.docx Page 3 of 4 B. For Convenience. The CITY may terminate this Agreement 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 By: //!P r er14190 VP / 1'06,/F-Y- r@c'a S'cci/%c_e5 (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: r�- 7e (Witness) Mar A. Rohloff, City Manager And: 4, ,L,. ,�,, (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which .....) '. . - 4 which will accrue under this Agreement. _...L1 II ' t � � ity Attorr ep PL-0-119-- ,Siev -i-o City Comptr er 1:1Engineering\Density Testing120131MES Agreement_3-19-13.docx Page 4 of 4 DEPARTMENT OF PUBLIC WORKS 215 Church Avenue P.O. 1 CO-- Oshkosh,Wisconsin 54903-1130 Ph.(920)236-5065 OIHKOIH Fax(920)236-5068 ON THE WATER February 26,2013 Jeffrey Fischer Midwest Engineering Services,Inc. 608 N. Stanton Street Ripon, WI 54971 RE: Request for Proposal-Construction Materials Testing for the 2013 Capital Improvement Program Dear Mr.Fischer: The City of Oshkosh is hereby requesting proposals be submitted for Construction Materials Testing and Engineering services related to the City's 2013 Capital Improvement Program. Questions regarding this request for proposal shall be emailed to me at jsargent@ci.oshkosh.wi.us(with the subject heading of"2013 CT Construction Materials Testing RFP Questions")by 12:00 p.m.on Tuesday,March 5,2013. The questions and appropriate responses will be distributed to all parties receiving this Request for Proposals by 12:00 noon on Thursday,March 7, 2013.Please submit four(4)hard copies of the proposal to my attention no later than 2:00 p.m.on Tuesday,March 12,2013. Enclosed with this letter are the Scope of Services,Proposal Cost Breakdown, copies of the City of Oshkosh Contractor Safety Program, Sample of the Standard Engineering Services Agreement, and Insurance Requirements. The information contained within these attachments shall become a part of the Contract with the Consultant selected to perform the Services. If you have any questions,please do not hesitate to contact us. Sincerely, hoseph R. Sargent, P. . Civil Engineer Senior Enclosures cc: David Patek,P.E.,Director of Public Works Steve Gohde, P.E.,Assistant Director of Public Works Peter Gulbronson,P.E., Civil Engineer Supervisor James Rabe,P.E., Civil Engineer Supervisor File I:\Engineering\Density Testing\?013\Proposal Phase\Letters\ME.S RFP Letter-Construction Materials Testing.doc Page I of I SCOPE OF SERVICES CONSTRUCTION MATERIALS TESTING 2013 CAPITAL IMPROVEMENT PROGRAM This contract is to provide utility nuclear density testing services of utility trench backfill, clay liner material, and asphalt along with 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 of Oshkosh projects are planned to be covered under this contract: i. Contract 13-02—Armory Area Detention Basin ii. Contract 13-04—Concrete Paving and Utilities a.West New York Avenue (Fox River to Spruce Street) b.East and West 10th Avenue (Oregon Street to east end of East 10th Avenue) iii. Contract 13-05 —Concrete Paving and Utilities a.West 19th Avenue (Delaware Street to Iowa Street) b.West 23rd Avenue (Montana Street to Doty Street) c.West 24th Avenue (Lake Winnebago to Doty Street) d.Doty Street(West 23rd Avenue to West 25th Avenue) e.Montana Street(West 23rd Avenue to W. 20th Avenue) iv. Contract 13-09— Southwest Industrial Park Expansion.Phases 3 & 4 Utilities v. Contract 13-10—Various Utilities and Asphalt Paving a. Burnwood Drive Utilities b.Adams Avenue Extension c. Butler Avenue and Pickett Avenue Utilities d.Water Main Extension, Quail Drive to Bromfield Drive e. WIOWASH Trail Water Main Extensions B. The 2013 Capital Improvements Program is subject to change. Projects may be added or deleted based on the needs of the City of Oshkosh. Work listed throughout this 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. Page 1 of 7 B. Soils and Aggregate Testing Provide the necessary labor and equipment for clay liner testing, onsite nuclear density testing of utility trench backfill and associated laboratory material testing. Specifications will be based on the City of Oshkosh 2013 Standard 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 the contractor(s) schedule. As a reference, based on years past, 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 of Oshkosh Inspectors/Engineers daily. This year's season is anticipated to commence in early April and continue through October. 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 of Oshkosh Inspector on inspection of backfilling operations per the City of Oshkosh specifications. Work with the Contractor by providing ideas and methods of improving compaction if necessary. C. Asphalt Testing Provide the necessary labor and equipment for nuclear density tests on asphalt binder and surface courses and associated laboratory material testing. Specifications will be based on the City of Oshkosh 2013 Standard Specifications and each contract's special conditions. The testing firm shall obtain all test samples from construction sites throughout the City. At a minimum, keep all lab samples until the end of the project. Nuclear density testing will be performed on an as-needed basis dependent on the contractor(s) schedule. It is the testing firm's responsibility to know the contractor's schedule and to coordinate with the City of Oshkosh Inspectors/Engineers daily. Nuclear density tests shall be located by project station, offset, and layer 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. D. Reporting i. 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 standard with this type of reporting. There shall be a Page 2 of 7 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. ii. Material Test Reports a.Material test results shall be emailed in .pdf format to the City Project Engineer within 48 hours of notification of sample pick-up unless lengths of the test dictate otherwise. iii. 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 emailed to the City Project Engineer in .pdf format. iv. Periodic Updates a.Additional email 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: Roundtrip Charge — includes the technician's travel time and mileage to and from the City of Oshkosh 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. ii. Field Time — includes all necessary labor costs while testing in the City of Oshkosh 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. iii. Equipment Rental — includes all necessary rental charges for equipment and materials that will be used in the performance of the testing requirements. Page 3 of 7 iv. 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. v. 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. vi. Asphalt Testing Reports — includes all necessary labor and material costs to provide a summary report of each asphalt testing project. Reports to include a written engineering summary, material test results, the compaction results log, and the technician's daily field reports. vii. Engineer Consultation — professional engineer's labor rate with a geotechnical and materials background should services be requested for consultation or to attend any meetings. Engineer consultation time should only be used with approval from City of Oshkosh Project Engineer. viii. Project Manager — City approved project manager's (geotechnical and materials background required) labor rate. This contract will allow up to a total of 2.5 hours per week without prior approval from the City of Oshkosh 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 for according to this hourly rate. Additional time per week for normal project management shall be considered incidental to the contract. ix. 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. x. 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. xi. Modified Proctor Density Test (clay) — includes all necessary labor and equipment to provide a modified proctor density test of a clay material per the latest ASTM standards. Cost to also include report generation and distribution to the City. xii. Atterberg Limits — includes all necessary labor and equipment to provide Atterberg Limits of clay linear material per the latest ASTM standards. Cost to also include report generation and distribution to the City. xiii. Grain Size Analysis — includes all necessary labor and equipment to provide Grain Size Analysis of clay linear material per the latest ASTM standards. Cost to also include report generation and distribution to the City. Page 4 of 7 xiv. Flexible Wall Permeability Tests — includes all necessary labor and equipment to provide Flexible Wall Permeability tests of clay linear material per the latest ASTM standards. Cost to also include plugging holes and report generation and distribution to the City. xv. Asphalt Extraction/Gradation — includes all necessary labor and equipment to provide an extraction and gradation of an asphaltic paving mixture per the latest ASTM standards. Cost to also include report generation and distribution to City and contractor personnel. xvi. Response Time—time it will take the consultant to mobilize a technician from the home office to a particular construction site in the City of Oshkosh if notified by the City or contractor that 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. xvii. Southwest Industrial Park Construction Documentation — there is a possibility that additional full-time observations and testing may be required at the Southwest Industrial Park area to properly document mass grading operations as part of City Contracts 13-02 and 13-09. Field time, equipment rental, and vehicle rental for this work will be paid as described above. This item would include all necessary labor, material, and other equipment to provide a typed daily report documenting all of the day's activities including written summary, testing log, photo log with captions, and other pertinent information. 4. Additional Information A. The technician will be required to be onsite on an as-needed basis per the contractor's schedule and/or at the City's request. Typically, a technician will not be onsite every hour that contractors are working, but rather during backfilling operations. 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. 5. Additional Proposal Requirements A. In addition to the requirements listed throughout this Request for Proposal, each respondent shall include the following: i. Prepare a summary of the firm's understanding of this proposal. ii. Provide a brief description of the respondent's organization. iii. List the planned project team and their respective resumes including relevant experience and training. Specifically provide the names/titles of personnel assigned to each task including the Project Manger. 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 Page 5 of 7 City of Oshkosh Project Engineer shall be notified for prior approval. Include names and resumes of any potential replacement technicians in the proposal. iv. Provide a list of recent projects of a similar nature and capacity the respondent has been involved. v. Furnish a list of at least three (3) references that will be able to verify information supplied in the proposal. B. The proposal shall also include fee schedules for laboratory testing including additional testing required for clay liners per the WDNR Technical Standard 1001, various levels of engineering rates, and construction testing services should additional work not covered specifically in this proposal be required. 6. Invoices A. The consultant shall submit itemized monthly statements for services. Separate invoices are required per city contract. Invoices shall be emailed to the City Project Engineer within one week after the end of the previous calendar month. Required back-up information is as follows: i. Monthly reports shall be utilized as back-up documentation. Time periods on the monthly reports and the invoices shall be the same. ii. 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 Agreement Form. 7. Contract Award A. The contract will be awarded on a time and materials basis with a not to exceed total. Changes to the contract will be completed per the requirements set forth in the City of Oshkosh 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 of Oshkosh and if selected, will provide insurance documents according to the attached requirements with the signed contracts within a week after receiving the official contract paperwork from the City of Oshkosh. Besides prior negotiated agreements between the consultant and the City of Oshkosh, a consultant's terms and conditions will not be accepted as part of the contract. C. The information contained within the signed agreement form, the RFP with its attached documents, and the consultant's proposal shall become a part of the Contract with the Consultant selected to perform the Services. Page 6 of 7 D. The proposals will be reviewed for completeness and how well it is demonstrated that the needs of the City of Oshkosh 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 technician experience with this type of work. 8. Project Schedule A. It is anticipated that the City will make the selection by March 15, 2013 with construction scheduled to begin April 1, 2013. The contract will terminate December 31, 2013 or upon the completion of any testing project started in 2013. The City of Oshkosh maintains the right to terminate the contract if the consultant does not respond as stated in the accepted proposal. 9. Method of Response A. As stated in the accompanying letter questions regarding this RFP shall be emailed to jsargent @ci.oshkosh.wi.us by 12:00 p.m. on Tuesday, March 5, 2013. The subject heading of the email shall be "2013 CIP Construction Materials Testing RFP Questions". The questions and appropriate responses will be distributed to all parties receiving this Request for Proposal by 12:00 p.m. on Thursday, March 7, 2013. B. Please submit four (4) hard copies with original signatures of the proposal to Joe Sargent no later than 2:00 p.m. on Tuesday, March 12, 2013. Proposals may be delivered or mailed to: Joseph R. Sargent Engineering Division City of Oshkosh 215 Church Avenue, Rm 301 Oshkosh, WI 54903 Page 7 of 7 PROPOSAL COST BREAKDOWN CONSTRUCTION MATERIALS TESTING 2013 CAPITAL IMPROVEMENT PROGRAM ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. 1. Roundtrip Charge Each 150 $ $ 2. Field Time Hour 1,300 $ $ 3. Equipment Rental Hour 1,300 $ $ 4. Vehicle Rental Hour 1,300 $ $ 5. Trench Backfill Testing Reports Each 20 $ $ 6. Asphalt Testing Reports Each 3 $ $ 7. Engineer Consultation Hour 15 $ $ 8. Project Manager Hour 70 $ $ 9. Sieve Analysis of Aggregate Each 10 $ $ 10. Modified Proctor Density Test (aggregate) Each 10 $ $ 11. Modified Proctor Density Test (clay) Each 5 $ $ 12. Atterberg Limits Each 3 $ $ 13. Grain Size Analysis Each 3 $ $ 14. Flexible Wall Permeability Tests Each 5 $ $ 15. Asphalt Extraction/Gradation Each 5 $ $ 16. Southwest Industrial Daily Construction Documentation Each 50 $ $ TOTAL $ RESPONSE TIME TO SITE hours 1 AGREEMENT THIS AGREEMENT, made on the day of , 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and (CONSULTANT'S NAME and address) , party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement. The CONSULTANT's Proposal and the City of Oshkosh's Request for Proposal are attached hereto and reflects the agreement of the parties except where they conflict with this Agreement, in which case this Agreement shall prevail. 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: Name —Title ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The CONSULTANT may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the CITY. 2/21/12 Page 1 of 4 All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. ARTICLE IV. 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 V. 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 that 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 VI. 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 of Oshkosh Request for Proposal 3. Consultant's Proposal In the event that 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. 2/21/12 Page 2 of 4 ARTICLE VII. 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 schedules 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 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 VIII. 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 Agreement or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund. ARTICLE IV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE X. 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. 2/21/12 Page 3 of 4 B. For Convenience. The CITY may terminate this Agreement 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 By: (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: (Witness) Mark A. Rohloff, City Manager And: (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which which will accrue under this Agreement. City Attorney City Comptroller 2/21/12 Page 4 of 4 1/14/11 CITY OF OSHKOSH INSURANCE REQUIREMENTS IV. PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS The Contractor shall not commence work on subcontract until proof of insurance required of the Subcontractor 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 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. IV- 1 1114111 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. 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 the General Liability and Business Automobile Liability coverage 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 include Products — Completed Operations equivalent to ISO form CG 20 37 for a minimum of 2 years after acceptance of the 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. IV- 2 ^eft°• CERTIFICATE OF LIABILITY INSURANCE DATE(UM/OD/WY) 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(les) 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 insurance Agency contact NAME: Information,Including street --- Insurance Agents - -•-- ------- address and PO Box If PHONE contact information. ,FAX (A1C.No_Ext); --- (AM.No): applicable. EMAIL ---- - —_. ` ADDRESS: INSURER(S)AFFORDING COVERAGE l NAIC a INSURER A_ ABC Insurance Company I NAIC# INSURED lnsureds contact lnformatbn, including name,address and INSURER B: XYZ Insurance Company I - NAIC# phone number. ...-- INSURER c: LIM Insurance Company I NAIC# INSURER D: Insurer(s)must have a minimum A.M.Best raUng of A• - and a Financial Performance Rating of VI or better. INSURER E: i INSURER F: 1 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 f ADDL SU ' POLICY EFF POLICY EXP LTR i TYPE OF INSURANCE I INSR I ER WVD 1 POLICY NUMBER (MMIDDIYYY) I (MMJDDlYYY) LIMITS !GENERAL LIABILITY 1 EACH OCCURRENCE 1 $1,000,000 IN ® ` ❑ General Lability Policy Number 1 [Policy effective and expiration dale. DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY i � PREMISES(Ea occutranus) S 50,000 11-CLAIMS-MADE®;OCCUR i f MED An A I I I (Any one person)__— $5,000 ® ISO FORM CG 20 37 OR EQUIVALENT !I PERSONAL d ACV INJURY__$1,000,000 IO— -----_. GENERAL AGGREGATE $2,000,000 IG EN'LAGGREGATE LIMIT ApPLIES PER: I I 11 I PRODUCTS-COMPIO P A GG ,__.$2,000,0 00 i(®PRO-❑LOC 1❑POLICY ' JECT � !AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT - Ea accdent $1,000,000 '®ANY AUTO ® i ❑ I Auto Uab�ldyPolicy Number I I IPoiky effective and expiration date BODILY INJURY Per rson ri ALL OWNED SCHEDULED i ( } AUTOS FT AUTOS BODILY INJURY(Per accident) $ I❑;HIRED AUTOS ❑ NON-OWNED PROPERTY DAMAGE 1.- : AUTOS I (Per accident) $ In I ; $ - I ❑UMBRELLA LIA9 I❑;OCCUR ! ❑ ❑ I-..._ I I I EACH OCCURRENCE 5-----__.- ❑EXCESS LIAR ❑' CLAIMS-MADE I _:_- i 3 AGGREGATE 1 $ Et DEDRETENTION$ 1f ❑ I 1 $ 'WORKERS COMPENSATION ) _ r-' AND EMPLOYERS'LIABILITY ❑ ❑ ,TORY LIMITS'❑ ER 1ANYPROPRIETOR/PARTNER/EXECUTIVE -1-_._i-.-_-I.-_..—__ I OFFICEJMEMBER EXCLUDED? YIN E.L.EACH ACCIDENT $100,0_00 Workers Compensation Policy 'Policy effective and expiration dale. _ �(Mandatory In NH) N 1 Number I It yes,descnbe under t E.L.DISEASE-EA EMPLOYEE $100,000 !DESCRIPTION OF OPERATIONS below I ! EL.DISEASE-POLICYLIMiT $$500,000 A 1PROFESSIONAL LIABILITY ® ❑ i $1,000,000 EACH CLAIM i ; 1 Pro fessIonal Uabsity PelIcy [Policy effective and expiration dale.' $1,000,000 ANNUAL AGGREGATE I DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,11 more space Is required) Additional Insureds on the Commercial General Liability and Automobile Liability arising out of project work shall be City of Oshkosh,and it's officers,council members,agents,employees and authorized volunteers. 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 Insurance Standard IV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church PO Box 1130 venue SAMPLE CERTIFICATE ACCORDANCE WITH THE POLICOY PROVIS!NS.L BE DELIVERED iN Oshkosh,WI 54903-1130 Please indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. ©1988..2010 ACORD CORPORATION, All rights reserved. Acord 25(2010105) The ACORD name and logo are registered marks of ACORD 0fHKOfil - ON THE WATER CITY OF OSHKOSH CONTRACTOR SAFETY PROGRAM ( Obk '.',:f701„/Ak 1 -Y44,.,,,,a 4-,',,,1474.41 int illierb';''';"4'ic'''Agi'II. • ,, . ...:„.„.„,:::„:„.„,„ „,,,,„.., ,,,,„.„,„,,,,.....„ m • :11• -. . ...,.,.::. ..„.„:„.„,„„:, ,,,,,,,,.: - X . .. ..,,,..„....„.„...„, . . ... :,.,...:„..„..,,,,.„.„, . ,„..,:„.,„,„:„,,, .. .:.',..„,„':::..,,,,.,.. ..,,, . .:.„ ..„. ... .,. ... . , . loPPPR' 2 1 1 - ; ,„----- „„,. (.0 I oiht, 0 1--\, Original:September 2006 Revised:March 2010 City of Oshkosh Contractor Safety Program TABLE OF CONTENTS Introduction 1 General 1 Project Safety Coordinator Responsibility 2 City of Oshkosh 2 Contractor 2 Fire Prevention and Protection 2 Hot Work 2 Smoking Policy 3 Chemical Safety 3 Material Safety Data Sheets 3 Chemical Management 3 Container Labeling 3 Environmental Compliance 4 Waste Disposal 4 Hazardous Waste 4 Chemical Spills 4 Personal Protective Equipment 5 Elevated/Overhead Work 5 Excavation/Trenching 5 Summary 6 City of Oshkosh Project Manager Contractor Notes and Check List 7 Contractor Qualifications 7 Information Exchange Check List 8 Contractor Project Manager Contractor Safety Program Acknowledgement Form 9 Contractor Safety Program Qualification Questionnaire 10 INTRODUCTION Work-related accidents damage property, cause serious injury and may even result in death. Most accidents are preventable with good planning, up-to-date training, good communication and most of all . . . commitment. It is the intent of the City of Oshkosh, that all work conducted, is done in a safe, healthful and environmentally responsible manner. Employers have the duty and responsibility to provide a safe work place for their employees as well as contractor and vendor employees. Contractors, likewise, have a responsibility to keep their workers safe, and to work in a manner that does not compromise the safety of City of Oshkosh employees, while protecting, preserving and enhancing the environment. Therefore, the City expects contractors to meet all safety and health performance requirements and to comply with all applicable laws, regulations, ordinances and codes. For purposes of this program, a "Contractor" may be defined as: a) Construction contractor — project oriented work such as new construction or remodeling b) Service Contractor — a contractor that installs, services or performs maintenance of equipment, tools, systems or processes c) Vendor—a provider of definable services for a facility d) Task Oriented Contractor— performs a specific work task e) Sub-contractor— assumes some of the obligations of a primary Contractor f) Temporary Labor Contractor — provides workers on a temporary, as needed basis with on-site supervision by an employee of the Contractor On-the-job safety is especially important for contract workers. You are called upon to perform highly specialized and potentially hazardous tasks. Working conditions and safety procedures may change each day. Good communication between the contract employer, the City project manager and the contract crew is essential so that proper hazard control measures are followed. The following rules and guidelines promote safety and are an effort to highlight major safety and environmental concerns. THEY ARE NOT INTENDED OR DESIGNED TO BE COMPREHENSIVE, TO SUPPLEMENT OR LIMIT APPLICABLE LEGAL REQUIREMENTS OR TO RELIEVE THE CONTRACTOR OF ANY SAFETY, HEALTH AND ENVIRONMENTAL RESPONSIBILITIES. The Contractor should always refer to the specific requirements of applicable laws, regulations, codes and/or specific standards to assure safety and compliance. GENERAL The following information is provided to the Contractor by the City of Oshkosh, understanding that these guidelines are not intended in any way to be all-inclusive or to relieve the Contractor of any part of the responsibility for the safe performance of the work outlined in the Introduction of this document. The objective of this policy is to prevent the failures that cause injuries, illnesses, fatalities, property damage, or environmental pollution. 1 No portion of this document is to be construed as establishing a master-servant relationship between the Contractor and the City of Oshkosh. In all cases, the Contractor shall be deemed to be an independent contractor and the sole employer. As a minimum, Contractor safety rules, work practices, and procedures must be compatible with existing City of Oshkosh policies and procedures. PROJECT SAFETY COORDINATOR RESPONSIBILITY City of Oshkosh The City of Oshkosh project coordinator shall be your primary contact. The Safety & Risk Management Coordinator for the City of Oshkosh is Paul Greeninger. He has the overall responsibility for safety and health issues. If you have a concern regarding our safety policies, you may contact him at (920) 236-5117 or (920) 233-7852. Contractor Each Contractor shall designate a responsible member of its management team as the Safety Coordinator for the project. The designee's duty shall be prevention of accidents and other job losses. This person shall have control of and be familiar with day-to-day activities of the Contractor. This person will be responsible for initiating, maintaining, and supervising all safety and loss prevention programs and procedures. FIRE PREVENTION AND PROTECTION The Contractor shall take all necessary precautions to prevent fire and injuries or property damage relative to welding, cutting or other spark or flame producing processes and procedures. It is the responsibility of the Contractor to follow City of Oshkosh Hot Work permitting policies and procedures. Contractors shall also establish procedures for storage, handling and use of flammable or combustible materials, which comply with City of Oshkosh policies and procedures, as well as all applicable laws, regulations and fire codes. The Contractor shall ensure that employees and all Third Parties under their direction are familiar with fire protection and alarm systems in their work area. The Contractor shall also be responsible for supplying and maintaining a sufficient number of appropriate types of fire extinguishers to support the work. HOT WORK At any time during the work, where spark or flame producing operations are conducted (such as welding, cutting, grinding or open flame), the Contractor shall establish a fire watch during and after (for at least 60 minutes) such operations to ensure that fires do not ignite. The Contractor shall insure that fire watch personnel are trained in fire fighting and are aware of procedures for sounding alarms and making notifications in the event of fire. "Hot Work Permits" are required when working within buildings or within 35 ft. of combustible materials, including flammable liquids, vapors or dusts. 2 SMOKING Smoking is prohibited in all City of Oshkosh buildings. The Contractor based on the hazards present shall control smoking at outdoor job sites. CHEMICAL SAFETY Chemicals are important tools in a wide variety of work activities, but many chemicals can cause serious health and environmental issues. The Contractor shall obtain all information necessary to be fully aware of all potential exposures to hazardous materials in the performance of the work. The Contractor shall provide, to their employees, all information and training on the nature and scope of potential hazards as required by all laws, regulations, ordinances and codes, regardless of the source of such hazards. The Contractor is also responsible for communicating to the City of Oshkosh any hazards created by the work being performed. The City of Oshkosh also has the right to restrict the type and amount of chemicals being brought on to the job site. Products containing Methylene Chloride (CAS #75-09-2) and paints containing lsocyanates such as (CAS #91-08-7 or #584-84-9) are two examples of restricted chemicals. Certain other chemical and physical agents (asbestos, PCB's, lead-based paints, radiation sources, etc.) are specifically regulated by Federal, State and/or local agencies. When the work involves a potential exposure to any such hazards, the Contractor shall maintain compliance with all applicable regulations. MATERIAL SAFETY DATA SHEETS Material Safety Data Sheets (MSDS) must be provided to your City of Oshkosh contact for ALL chemicals prior to being brought on site. This requirement includes all liquids, pastes, powders and gas products. CHEMICAL MANAGEMENT Chemicals brought onto City of Oshkosh property must be removed when work has been completed. Any changes must have approval of the project manager and the Safety Coordinator. All waste materials must be managed as identified in the Environmental Compliance and Waste Disposal sections of this booklet. LABELING All containers shall be labeled in accordance with the OSHA Hazard Communication Standard. Waste containers shall be labeled according to all applicable federal, state and/or local laws, regulations, ordinances, codes and/or standards. 3 ENVIRONMENTAL COMPLIANCE The City of Oshkosh is committed to the responsibility to protect, preserve and enhance the environment wherever it conducts business. The Contractor shall be fully and solely responsible for compliance with all environmental laws and regulations applicable to the transportation, packing, labeling, handling, use, storage, or disposal of materials, including liquid and solid wastes and hazardous substances, brought onto City of Oshkosh property or used in the performance of work, or generated as a result of the work. WASTE DISPOSAL Waste and the disposal of many chemicals and products may result in damage to the environment. Environmental laws and regulations closely monitor waste handling and disposal. The City of Oshkosh, therefore, closely manages what happens to waste products, recycled chemicals and abandoned materials. Many chemicals and products are not to be disposed of into sanitary waste containers or into drains. Nothing may be discarded onto facility grounds, parking lots, or waterways. Some of the waste products that are controlled may include, but not limited to: used or waste oil and grease; paints, paint thinners, solvents and cleaning fluids; strong acids or caustics; sorbents, rags and materials used to cleanup wastes; electronic components, fluorescent light bulbs and ballast's; pesticides, herbicides and related chemicals. Because of the complexity and extensive lists of waste streams, prior approval must be obtained for disposal, and the method of disposal. HAZARDOUS WASTE The Contractor must receive approval from the City of Oshkosh to transport or dispose of hazardous waste from the work site. The Contractor shall provide the City of Oshkosh with copies of all records relating to waste management activities associated with the work including copies of hazardous waste manifests, waste disposal locations and waste transportation and disposal agreements. CHEMICAL SPILLS If spills or unauthorized releases of any product occur, the Contractor shall notify the City of Oshkosh Project Manager or Safety & Risk Management Coordinator immediately of the nature of the incident. If the contact or Safety & Risk Management Coordinator is not available, contact the Oshkosh Fire Department at 236-5700. The Contractor shall provide all required information necessary for reporting of the incident and to notify the appropriate agency(s) in a timely manner. A copy of the written notification to the agency(s) shall be provided to the City of Oshkosh Safety & Risk Management Coordinator. 4 PERSONAL PROTECTIVE EQUIPMENT All employees of the Contractor, and other persons entering City of Oshkosh property in connection with the work, shall wear appropriate personal protective equipment (PPE) such as, but not limited to, safety glasses, steel toe shoes, hard hats, and proper work clothing. Special personal protective devices and/or equipment must be used where needed based on the hazards of the work. This equipment shall include, but not limited to: • Hearing protection devices • Respiratory protection devices • Fall protection devices • Hand protection • Lifelines and body harnesses • Any other special equipment/devices necessary to provide appropriate protection ELEVATED/OVERHEAD WORK Whenever work is to be done above walking or working areas at a height greater than four feet, which may present a hazard to personnel or property below, all necessary safety precautions shall be taken by the Contractor. This action shall include, without limitations, roping off the area and posting warning signs to caution personnel below from falling materials. If necessary, a flagman shall be stationed below to warn persons in the area. All such barriers and signs shall be removed as soon as the work is completed. All personnel under Contractor supervision or control working at elevations greater than four feet shall be protected by guardrails, ANSI approved body harnesses and lanyards or lifelines, or other effective means that comply with applicable federal, state, and local regulations. The use of safety belts is prohibited as a fall protection device. The use of ladders, scaffolding or work platforms must comply with all federal, state, and local regulations. EXCAVATION/TRENCHING Contractors performing excavation/trenching must meet the qualifications set forth during the bid process. The Contractor shall comply with all OSHA/D-COMM regulations. The Contractor shall have a competent person or persons on the site to inspect the work and to supervise the conformance of Contractor's operations with the regulations. The Contractor shall take all necessary precautions for the safety of employees on the job site. 5 SUMMARY Contractor safety takes teamwork. The City of Oshkosh is committed to providing a safe and healthful workplace while protecting and preserving the environment. We will work with you to help ensure that no injuries occur and that the environment is not harmed. Contractors are responsible for their employee's safety through training, ensuring that the information regarding hazards and safe work practices is communicated to them and making sure that they follow all safety and environmental rules. 6 City of Oshkosh Project Manager Contractor Notes and Checklist Contractors are not only responsible for their tools and equipment and the safety of their employees, but also to our property and the safety and health of our employees. In addition, damage to the environment or failure to properly manage waste disposal may cause long term and costly issues to the City of Oshkosh. These issues pertain in different degrees to all vendors and contractors, anyone who performs a service for the City. A "Contractor" may be defined as: A) Construction Contractor- project oriented work such as new construction or remodeling, B) Service Contractor - a contractor that installs, services or performs maintenance of equipment, tools, systems, or processes C) Vendor- a provider of definable services for a facility D) Task-Oriented Contractor- performs a specific work task E) Sub-contractor- assumes some of the obligations of a primary contractor F) Temporary Labor Contractor - provides workers on a temporary, as needed, basis with onsite supervision by an employee of the Contractor G) The City expects its contractors to meet its safety and health performance requirements and to comply with all applicable laws, regulations, ordinances and codes. When selecting contractors, safety performance must be included in the selection process. Unsafe acts of contract employees can put our workers' safety in jeopardy. In addition, there are always potential legal and liability issues, including citations from EPA, DNR, or D-Comm. Contractor Qualification The Contractor Qualification process (and the qualification questionnaire), may not be required for contractors servicing their own equipment or contractors who have been designated by the manufacturer as the manufacturer's representative or distributor, when the contractor employee is performing a low risk activity. This exception does not apply to Construction Contractors or Service Contractors performing high risk work activities including hot work, use of hazardous chemicals, working with hazardous voltages, control of hazardous energy (lockout/tagout), operation of powered equipment, work at hazardous elevations, excavation work, or confined space entry. Contractors exempted from the qualification process are still required to meet all other requirements of the Contractor Safety Program, including the attached Acknowledgement Form. 7 Information Exchange Checklist for City Project Coordinators The following is a checklist to assist you, the City Project Coordinator, with contractor communication. Yes No N/A Do you have a list of the chemicals that may be found at the City project site and their potential hazards? Have you reviewed these chemicals and their hazards with the Contractor? Have you notified the Contractor of the MSDS file location? Have you reviewed our policy of bringing chemicals on-site, including the approval process? See Chemical Safety section of guidebook. Does the Contractor understand this policy? Do they know that chemicals may not be left on premises without approval? Do you have a list of fire and/or physical hazards for the Contractor? Have you discussed these potential hazards with the Contractor? Have the City emergency procedures been provided to the Contractor? If Hot Work is to be performed, have you provided Hot Work Permit forms and reviewed the policy? Will the Contractor enter Confined Spaces? Have the areas been identified and procedures reviewed? Have you instructed the Contractor about our policy on chemical spills? The City of Oshkosh is committed to protecting the environment. Chemicals may not be disposed of into sanitary waste containers, into drains or onto grounds. Review the materials that the Contractor may be using and how they are to be handled and the waste disposed. Is the Contractor's Safety Acknowledgement Form on file? Workers Compensation Certificate? Liability Insurance? Have you received and reviewed the Qualification Questionnaire? Are there any safety concerns? Have you scheduled weekly safety meetings if the project requires more than one week to complete? Was the Contractor given the opportunity to ask questions regarding the safety and environmental requirements for the project? City Project Manager Date 8 City of Oshkosh Contractor Safety Program Acknowledgement Form The City of Oshkosh (City) is required by law to carry Workers Compensation Insurance (WCI) on our permanent employees. As an independent contractor/vendor, your firm is required by law to carry WCI on your employees. As an independent contractor/vendor, you are not under the direct supervision of the City and are not covered by the WCI or Liability Insurance maintained by the City for their employees. Please attach a copy of your current Workers Compensation Certificate and a copy of your certificate of liability insurance. It is required that you notify the City immediately if any of the required insurance or bonding should be cancelled or notify the City within 30 days of a change in bond status or insurance carriers. Please complete and return to Paul Greeninger, City of Oshkosh, Safety & Risk Management Coordinator. Date: ContractorNendor Name: Address: City, State, Zip: Telephone Number: E-mail Address: ContractorNendor Representative: Title: Individual Responsible for: Safety Coordination: Phone: Environmental Issues: Phone: I understand that it is my obligation to notify my employees of their responsibilities for health and safety. further understand that if any unsafe work activities are found, the City has the right to immediately contact the Contractor's Safety Coordinator. If this unsafe practice is not corrected, the work may be stopped until corrective action has been taken and agreed upon. Signed: Date: 0 Certificate of Insurance Attached ❑ Workers Compensation Insurance Certificate attached 9 City of Oshkosh Contractor Safety Program Qualification Questionnaire Date: ContractorNendor Name: Person completing form: Title: In keeping with the City of Oshkosh commitment to provide a safe and healthful workplace while protecting and preserving the environment, we require the following safety questionnaire be completed and returned to Paul Greeninger, City of Oshkosh Safety & Risk Management Coordinator, 215 Church Ave., Oshkosh, WI 54903. Completion of this questionnaire does not in any way relieve the contractor of their obligations to comply with all applicable legal requirements (federal, state, and local). This questionnaire has been designed to help the City to better understand your safety program and in no way does it represent a complete list of the Contractor's applicable safety obligations. Your response to some of the following questions may require that you provide documents, however, PLESE DO NOT SEND CONFIDENTIAL, PROPRIETARY OR TRADE SECRET INFORMATION. 1. Provide a brief description of the primary service your company provides the City. 2. Do you require the following safety training programs? A. Right to Know/Hazard Communication Yes No B. Fire Prevention and Protection Yes No C. Hot Work Permits Yes No D. Environmental Compliance Yes No E. Excavation/Trenching Yes No F. Working at Elevations > 4 feet Yes No G. Confined Space Entry Yes No 10 H. Control of Hazardous Energy (lockout) Yes No I. Operation of Powered Equipment/vehicles Yes No J. Working with hazardous voltages Yes No K. Personal Protective Equipment Yes No L. Process Safety Yes No 3. If you answered NO to any of the above, please comment: 4. Are the training records available upon request? Yes No 5. Please provide your Total OSHA Incident Rate and Lost Workday Rate for each of the last three years by completing the table below. A. Year B. Number of employee hours worked C. Number of lost workday cases D. Number of cases due to injury or Illness defined as recordable E. Total number of recordable cases (Add C and D above) F. Calculate your incident rate by using the following formula: Total cases on line E x 200,000 hours Employee hours on line B 6. Management Certification Signature: Date: Print Name and Title: 11 Sargent, Joseph R From: Sargent, Joseph R Sent: Tuesday, March 05, 2013 1:22 PM Subject: 2013 Oshkosh CIP Construction Materials Testing RFP -QUESTIONS Attachments: RFP Questions.pdf Attached are the list of questions that were received and their appropriate answers. Thank you, Joe Joseph R. Sargent, P.E., LEED®AP Civil Engineer Senior City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1130 Main Office: (920)236-5065 Cell: (920)410-3569 Fax: (920)236-5068 Email: jsargentci.oshkosh.wi.us 1 CONSTRUCTION MATERIALS TESTING FOR THE 2013 CITY OF OSHKOSH CAPITAL IMPROVEMENT PROJECTS Request for Proposal - Questions The following is a list of questions that were received regarding the Request for Proposal to provide Construction Materials Testing for the 2013 City of Oshkosh Capital Improvement Projects. 1. I see there is no bid item for concrete cylinder compressive strength. Does a supplemental price have to be given for this item? Concrete cylinder compressive strength testing is handled under a separate contract. A supplemental price is not necessary. 2. Does the CITY have a specified testing frequency for soils/asphalt density testing or does the inspector direct the testing personnel to test as specific times? Testing personnel shall follow all appropriate specifications. The inspector may also direct testing personnel to test at specific times or locations. 3. As far as Southwest Industrial Park Construction Documentation goes, is this a completely separate item from the rest of the contract regarding site time, and rentals or does this item only include the documentation portion of the observations? I understand it as only the documentation portion of the contract with the field time, equipment rental, and vehicle rental already having a bid price. This item only includes the additional documentation portion of the observations. Site time, laboratory testing, equipment rental, etc. will be paid per their respective bid price. 4. Could I get an example of previous test report summaries that would be expected? I am not familiar with your system so I would like to see what it all involves, if possible. Expected reporting requirements are detailed in the RFP. Contractor may submit examples with their proposal if necessary should they want comments from the CITY. Also, prior years' reports are available for your viewing at City Hall Room 301. la Mal midwest engineering services, inc. geotechnical • environmental • materials engineers PROPOSAL FOR CONSTRUCTION MATERIALS TESTING City of Oshkosh 2013 Capital Improvement Projects Prepared for: The City of Oshkosh DPW 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 March 11, 2013 MES Proposal No. 12-3100 4 - Ths &ULM tS Ptv&i I o4b k r ' cv i s ' h e Ca4sj ôQ? i�