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HomeMy WebLinkAboutMidwest Engineering Services/Con 14-02 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: July 29, 2013 Midwest Engineering Services, Inc. Subject: Executed Agreement 1125 West Tuckaway Lane Subsurface Exploration and Suite B Geotechnical Engineering Services Menasha, WI 54952 for North Main Street (New York Avenue to Murdock Avenue) Contract 14-02 Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ 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 ❑ For Review&Comment Remarks: Enclosed is a copy of the executed agreement for subsurface exploration and geotechnical engineering services for North Main Street. A City of Oshkosh 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 / ►1 cc: _ File—Original Signed: , A o■ Tra, ■ . Ta'or I:1Engineering12014 CONTRACTS114-02 N Main St Reconst\Project_Information\Correspondence\LOTs 114-02 MES LOT-Executed Agreemnt-Sub Inv_7-29-13.docx AGREEMENT THIS AGREEMENT, made on the 57I day of -RIB. I , 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and MIDWEST ENGINEERING SERVICES, INC., 1125 West Tuckaway Lane, Suite B, Menasha, WI 54952, 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 for SUBSURFACE EXPLORATION AND GEOTECHNICAL ENGINEERING SERVICES FOR NORTH MAIN STREET (NEW YORK AVENUE TO MURDOCK AVENUE). 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 lEngineenng4014 CONTRACTS\1402 N Main St Reconst\GeotechnicallMES Agreeraent_6-26-13.docx Page 1 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 $4,995.00 (Four Thousand Nine Hundred Ninety-Five 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‘EngineenngS2014 CONTRACTS\14-02 N Main St ReconsAGeotechnical\NIES Agreetnent_6-26-13 tiocx 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: A—A A/M A., •- \11( 1- tild /C-egr cl-SZ4 (Seal of Consultant (Specify Title)6 if a Corporation.) A Tit By: it tiL! li4. #1 r • (Speci 7t1 CITY OF OSHKOSH By: Steven M.M. Gohde, P.E. Assistant Director of Public Works 1,Engineeringt2014 CONTRACTSt144:12 N Main St ReconsttGeotechnicaNAES Agfeernent_6-26-13 dock Page 4 of 4 I I willIP3o : :: engineering services, ic• environmental • materials engineers PROPOSAL FOR SUBSURFACE EXPLORATION AND GEOTECHNICAL ENGINEERING SERVICES North Main Street (New York Avenue to Murdock Avenue) Prepared for: /'I!1L41' • I City of Oshkosh r Revle &J Department o f Public Works • 215 Church Avenue in P.O. Box 1130 Oshkosh, WI 54903-1130 e s er baceicts June 19, 2013 M 3-3057 D ES Proposal No. 3 3057 11648