HomeMy WebLinkAboutDixon Engineering/Antenna Install 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. Joseph T. Hoban Date: May 15, 2013
Dixon Engineering, Inc. Subject: Executed Agreement
9415 West Forest Home, Suite 208 Antenna Installation
Hales Corners, WI 53130
Please find: ® Attached ❑ Under Separate Cover
El Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos El Mylars ❑ Change Order ❑ Plans •
❑ Specifications El Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity Description
1 Executed Agreement
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 agreement for antenna installation. A City of Oshkosh Purchase
Order will sent be to you shortly. Please reference this Purchase Order nu n all of your
invoices. e,>
< c\
If you have any questions, please contact us. �� " a
e„,
City Attorney's Office —Copy
Steve Brand —Copy
City Clerk's Office —Original I►
cc: _ File — Original Signed:
Traci L. aylor /
I.\Engineering\Tracy TaylorTurchasing1Dixon executed agreement LOT_5-15-13.docx
AGREEMENT
THIS AGREEMENT, made on the (d ( day of , 2013, by
and between the CITY OF OSHKOSH, party of the first part, he inafter referred to as
CITY, and Dixon Engineering Inc. 9415 W. Forest Home Suite 208, Hales Corner, WI
53130 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 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:
Joseph T. Hoban, P.E.
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:
Stephan M. Brand, Public Works Utility Bureau Manager
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 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. 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.
ARTICLE VII. PAYMENT
2/21/12 Page 2 of 4
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 $_5800.00_(__Five Thousand Eight
Hundred_ 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.
B. For Convenience. The CITY may terminate this Agreement at any time by
2/21/12 Page 3 of 4
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: //�/ ( 1P
(Seal of Consultant (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By: adiiadd
(Witness) Mark A. Rohloff, City Manager
4111111.
And: *! .t o L11i iti
(Witness) 'amela R. Ubrig, City C erfk
APPROVED: I hereby certify that the necessary provisions
0 have been made to pay the liability which
which will accrue under this Agreement.
•
i y Attorne pol,g1/1/.
City Comptroller
2/21/12 Page 4 of 4
„�....•141 DIXONE1 OP ID:LB
'4�.°ROY CERTIFICATE OF LIABILITY INSURANCE I °"""w°a"W”"
tI51111na
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THNs
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS). AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: N the oe4Shicah holder is an ADDITIONAL INSURED,the po0sy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to
the trims and conditions of the policy,certsih poSelos mey require an endorsement A statement on this esrttfoste does not confer rights to the
aerdfcale holder in Neu of such andarssm Inks).
FROM an 231-7'75-3413.CONTACT
Bask Dillon Maecenas
123 3a 231.775-01117 �b,q; I a Ilex
Cadillac,MI 40501
PeM Suminsld
PWNr9N It AFFonoste CoYBRAOe MC 0
gamut A:Auto Owners Insurance Company 11!1111
memo Dixon Engineering Inc Gomm•:Liberty Mutual Ins.Co.
VVIMem Dixon INSURER C:US Speciality k*.Co.
1104 3RD Ave
Lake Odessa,MI 48840-11111 moo:
NEARER 5:
MUM F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICES 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 WISCH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
OM EN E Th paDCY rTI L�
LIR TYPE OF INSURANCE . FOUCT MIME!
UNITS
GENERAL LIABILITY EACH OCCURRENCE s 1,000,000
A X COMMERCIAL GENERAL L111BIUTY X 33007050 11101112 11/01113 PREANe AITILI INII0 l $ 300,000
CLAMS-MADE X I OCCUR LED EXP(Any one person) s 10,000
_Explosion,Coll- PERSONAL s ADV INJURY $ 1,000,000
apse,Underground GENERAL AGGREGATE s 2,000,000
GENT AGGREGATE UNIT APPLIES PER: PRODUCTS-COMPI�AGO $ 2,000,000
7 POLICY I ii Ni I— LOC s
AUTOSIOMUE L IMILITY cgrs SI GLE LENT $ 1,000,000
A ANY AUTO _ X �751� 07/01/12 07/01/13 (SOODILLY INJURY(Per penes) $
ALL OWNED SCHEDULED BODILY INJURY(Per s.c$delq $
AUTOS X NON-O PROPERTY
X HIRED AUTOS X AUTOS $
_AUTOS
$
X UMERELLA LIAR AI OCCUR EACH OCCURRENCE $ 5,000,000"
A EXCESS LIAM CLAM-MADE 6536751403 04/01/13 11/01/13 AGGREGATE $
DED X I RETENTIONS 10,000 $
WORKERS COMPENSATION x I, TTATUS I x 10t
AND EMPLOYEES'LMB JTY
B ANY PROPRIETORIPARTME Y WC5345534713012 10/13112 10/13/13 E.L.EACH ACCIDENT $ 1,000,000
OFFICERIMEMNER EXCLUDED? N I A
IM a y In MI) EL.DISEASE-EA EMPWYEE $ 1,000,000
DESCRIPTION under OPERATIONS below E.L.DISEASE-POUCY LIMIT $ 1,000,000
C Professional Us$1223010 07101/12 07101/13 Es CWm 1,000,000
Liability $25,000 DEDUCTIBLE Aggregate 1,000,000
DESCI PTION Of OPERATIONS/LOCATIONS I VESICLE*(ANeeM ACOID IS1,AOdlhesd Nam rM$drdlr,I mom apace Is required)
City of Oshkosh is included as additional insured by endorsement for
Commercial General Liability and Commercial Auto Liability.
CERTIFICATE HOLDER CANCELLATION
CI011001
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Oskosh ACCORDANCE WITH TIE POLICY PROVISIONS.
Attn:City Clerk
215 Church Ave. aunionar o RRQrtESDNTATNE
P.O.Box
sh0
OahOshkosh,,WI VN 54103-5100 .y144 .
1
®1100-2010 ACORD CORPORATION. AN rights roesr ed.
ACORD 28(2010105) The ACORD mame and logo are registered marks of ACORD
NOTEPAD ,,,,,,,,,s Dbcon leering kW OP ID:LB DAT! 06101/13 I
**Umbrella Liability Limits 11/01/12 to 03/31/13 - $3,000,000
COMMERCIAL GENERAL LIABILITY
55373(I-07)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
I
This endorsement modifies inures a provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM. / 411.\\,
A. Under SECTION II - WHO IS AN INSURED, the This ,{ • . ,, Additional
following is added: - . -. , . ',- , y arising
. of"y. ,s ,; "for .. iii • .,•i,•nal Inured by
A person or orgatization is an Additional Insured,only t r t you. • . ,:,�,l • available to the
with respect to liability arising out of"your work" for ,---�., ��, � ► " `�� apply as excess
that Additional Insured by or for you: and •. bite as primary
777M . " insurance provided by this
1. If required in a written contract or ✓✓✓or .
2. If required by an oral contract or agreement only ft 4• ;II 4 • ..;on is added:
if a Certificate of Insurance was issued prior
the loss indicating that the person \Other d. 4 :nod Insured Coverage Issued By
organization was an Additional Insured. \
n \ \`‘.\:,
B. Under SECTION III - LIMITS OF INSU i \\I' policy provides coverer for the same loss the following is added: to awry Additional Insured specifically shown ae
Additional Insured in another endorsement to
The limits of liability for the Addi i,. . . .• sae • policy, our maximum limit of insurance
those specified in the written on. 1• •• o : -.,•,.0, under this endorsement and any other
between the insured and the owner iliiii„- -- ,r . a,.• i, endorsement shall not exceed the limit of
or those specified in the Certifi , . .• if :, insurance in the written contract or agreement
oral contract or agreement, not . •--. limits between the insured and the owner, levee or
provided in this policy. These li 1 ', .' e o contractor, or the limits provided in this polity,
and not in addition to of; .hown in whichever is less. Our maximum limit of
the larations. 1 insurance arising out of an "occurrence", shall
N., ``�...i not exceed the limit of insurance shown in the
C. 7 IV ' + I-R Declarations, regardless of the number of
• — ` 0 1 '4 0 .,is ame. . ; follos– insureds or Additional Insureds.
The following I •.. is 4. Other All other policy terms and conditions apply.
.-` '`` -\\
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Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
Copyright Insurance Services Office,Inc.,1984,2003. Page 1 of 1
LP"; DIXON 9415 West Forest Home Avenue,
Suite 208
Hales Corners,WI 53130
ENGINEERING, INC. Telephone(414)529-3120
Proposal/Contract Agreement
for Antennas
(Oshkosh, Wisconsin 750m Double Ellipse Marion Tank49-71-06-02)
The agreement is between Dixon Engineering, Inc. (DIXON)and Oshkosh,Wisconsin
(OWNER)to contract with DIXON for technical services for Sprint(CONTRACTOR). This
Agreement may only be amended, supplemented,modified,or canceled by a duly executed
written instrument. This agreement includes pages 1 through 4 and Schedules A,B,and C.
1.01 BASIC AGREEMENT
DIXON shall provide, or cause to be provided, services detailed in Scope of Services and
OWNER agrees to pay DIXON as compensation for their services the (not to
exceed/lump sum)fee of Five Thousand Eight Hundred dollars$5,800. Terms of
charges and payments per details in Schedule B. (Prices quoted are subject to change 90
days after proposal date, if not contracted.)
2.01 SCOPE OF SERVICES
Initial Site Walk Through,Design Review, Pre-Con,Installation Inspections
3.01 SIGNATURES
Chris Kreiner 03/28/13
PROPOSED by DIXON(Not a contract until approved by an officer) PROPOSAL D TE
CvVb 5/013
COr [//RACT APPRO y OWNER POSIT ATE
CO SIGNATURE(if requi POSITION DATE
/
rl7C]� PRO D by DIXON OFFICER EFFECTIVE CONTRACT DATE
1
SCHEDULE A
(Oshkosh, Wisconsin 750m Double Ellipse Marion Tonk49-71-06-02)
Initial Site Inspection—Site Walk:
A. Site visit by two Dixon employees to completely map current tank conditions.
This includes as-built sketches, existing antenna equipment, site conditions, steel
thicknesses, and photos.
II. Design and.Plan Review:
A. Staff Engineer to review designs created by others. No calculations or
Professional Engineering seal included. Initial Site Inspection—Site
Walk is a prerequisite to Design and Plan Review.
III. Site Work for:
A. Preconstruction (preinstallation) and progress meetings-attend and participate.
B. Installation inspections-inspect installation as it progresses and a final post inspection
to compare with design criteria. These inspections include letter report and
photographs.
5
SCHEDULE B
(Oshkosh, Wisconsin 750in Double Ellipse Marion Tank49-71-06-02
PAYMENT
A. When service is rendered Owner shall pay DIXON the following line item prices:
1. Schedule A, Item I, Initial Site Inspection-Site Walk, the Iump sum of$1,150.
2. Schedule A, Item II, Design and Plan Review, the lump sum of$1,250. (Site Walk
prerequisite $1,150)
B. Owner shall pay DIXON the following line items times the number of units used:
1. Schedule A, Item III
A. (1) Preconstruction Meetings $850 per meeting
B. (3)Installation and Post Inspections $850 per inspection
II INVOICES
A. Invoices will be compiled monthly.
B. All DIXON services that are outstanding more than thirty (30) days from date of issue
shall be assessed (DIXON's favor) one and a half percent(1.5%)per month interest
starting from 30 days after date of issue.
6
SCHEDULE C
Antenna Engineering Services Fees
Labor Class Per Hour *Overtime Rate
Principal $175.00
Project Manager $100.00
Registered Professional Engineer $125.00
Assistant Project Manager .. $ 80.00
Staff Engineer—Level Ito III $ 85.00 to $100.00
CAD Supervisor $ 80.00
CAWI or CWI Welding Inspector $ 80.00 to $100.00
Certified NACE Inspector $100.00
Inspector—Level Ito III $ 60.00 to $80.00
CAD Technician $ 60.00 to $70.00
Secretarial Services . $ 50.00 & expenses
Bookkeeping Services . $ 50.00
*All Saturday, Sunday, and holiday inspections are overtime rate. Overtime rate is 1 1/ time the
hourly rate. Overtime rate does not apply to Principal.
Expenses:
Metropolitan Out— state
Mileage $0.70/mile (including tolls)$0.60/mile
Meals &Lodging, $110 per diem,per day $100 per
diem, per day
(may be increased based on location)
Without Lodging $35/day $30/day
Air Travel Business fare from Grand Rapids
Chicago O'Hare or Milwaukee,plus full
size car rental
Material(gaskets, cathodic protection caps, etc.) Negotiated
•
FEES EFFECTIVE THROUGH JUNE 30, 2013
7