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HomeMy WebLinkAboutPW CNT 13-09/Bates Soil & Water Testing Services 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: Brian Bates Date: October 16, 2013 Bates Soil &Water Testing Services, Subject: Executed Agreement for Wetland LLC Determination/Delineation Services N1237 Country Crest Circle Contract 13-09 Hortonville, WI 54944 Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order El Plans ❑ Specifications ❑ Estimates El Diskette El 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 the executed agreement for the wetland determination/delineation services. 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: LW f� Tra . Taylor 10 1:1Engineeringl13-09 SW Ind Park Exp-Ph 3 3.4 Util\Project_Information\CorrespondencelLOTs113-09 Bates LOT-Executed Wetland Delin Agreemnt_10-16-13.doc AGREEMENT THIS AGREEMENT, made on the � day ofx.x- , 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and BATES SOIL & WATER TESTING SERVICES, LLC, N1237 Country Crest Circle, Hortonville, WI 54944, 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 WETLAND DETERMINATION/DELINEATION SERVICES. The CONSULTANT's Proposal is 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: Brian Bates — Licensed Professional Soil Scientist 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: James Rabe — Civil Engineering Supervisor 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 1Engineering113-09 SW Ind Park Exp-Ph 3 8 4 UtillProject_Information\Contract InfolBates Agreement-Wetland Delin_9-17-13.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 E-mail dated September 11, 2013. 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. I1Engineednp113-09 SW Ind Park Exp-Ph 3&4 UUNProjed_InformaUon1Contract InfoS8ates Agreement•Wetland Dafrn_9-17-13.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: • Lump sum of$6,300 (Six Thousand Three Hundred Dollars). 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 obtain General Liability Coverage of $500,000 per occurrence. The following must be named as additional insureds — City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers. Certificates of Insurance acceptable to the CITY shall be submitted to the Engineering Division of the Department of Public Works prior to the commencement of the work. - - - - - . . =; • - :; - : - - -- - -- /1,7 1.1Engineeang\13.O9 SW Ind Park Exp-Ph 3&4 Uti Prgect_InformationSContract Infol8atas Agreement-Welland Oetin_9-17-13.doex Page 3 of 4 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 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 ri .f. like By: (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: I i I . . err "-- 4-6 FIN Pi T1 770�� ASS 1ST. C-17� 0/4/Vii l:lEnpineerinQ113-ti9 SW Ind Park Exp-Ph 3&4 USIWro}ectJnformaUonlContract InfolRalee Agreement-Welland Del' 8.17-13.donx Page 4 of 4 SOIL it WATER TESTING SERVICES, LLC. September 12, 2013 James Rabe, P.E., CPESC Civil Engineering Supervisor c; }l' City of Oshkosh—Storm Water Utility .' j x. it 1.3 P.O. Box 1130 MN'. 0€ ;'ji',1 €( WORKS Oshkosh,WI 54903-1130 O:;ti€<of; €, Wl`,C)i'€:)t€N Re: Proposal for Wetland Determinations/Delineation Services Parcel No. 91329220000& 91329200000 Dear James, Bates.Soil &Water Testing Services, LLC. appreciates the opportunity to submit a proposal for Wetland Determination/Delineation services for these projects. Cost to conduct these services would be $6,300.00 lump sum. This price also includes $600.00 for Wisconsin Department of Natural Resources wetland review/concurrence fees ($300.00 per parcel). Scope of services would include all the necessary field work and report writing to identify the presence or absence of wetlands on the property in the areas we discussed. Report writing would be completed after obtaining survey maps of the sampling locations and/or delineated wetland boundaries. Costs for conducting these surveys are not included in this proposal. If the terms and conditions are acceptable, please return an executed copy to my office. If you have any questions, please contact me at 920-779-0000. Yours truly, Bates Soil&Water Testing Services, LLC. Brian D. Bates, P.S.S. Licensed Professional Soil Scientist N1237 COUNTRY CREST CIRCLE • HORTONVILLE, WI 54944 920-779-0000 AGREEMENT FOR ENVIRONMENTAL CONSULTING SERVICES This is an agreement by and between Bates Soil&Water Testing Services, LLC. (Consultant), a Wisconsin Limited Liability Corporation, having its place of business located at N1237 Country Crest Circle, Hortonville,Wisconsin, and the City of Oshkosh(Client). • 1. Scope of Work The Consultant shall provide professional wetland delineation services for the Client, directly or indirectly. Any changes or additions to the Scope of Services shall be made by written agreement between the Consultant and Client. 2. Terms of Agreement This agreement shall commence upon execution and shall remain in effect until terminated by either party, as such party's discretion, or not less than 10 days advance written notice. If the Consultant terminates the agreement,the Client may, at its option, extend the terms of this agreement to the extent necessary for the Consultant to complete any Services which were ordered prior to the effective termination. If the Client terminates this agreement, the Client shall pay the Consultant for all services done prior to the Consultant's receipt of the notice of termination and for all work done and/or expenses incurred by the Consultant in terminating Services begun after the notice has been received. Termination hereunder shall operate to discharge only those obligations which are executory by either party on and after the effective date of termination. Any right(including, but not limited to, indemnity)or duty of a party based on either performance or a breach of this agreement, prior to the effective date of termination, shall survive. 3. Fees for Services The Client agrees to pay the Consultant for services performed by the Consultant. Fees for Services performed under the Scope of Services will be charged as follows: Lump Sum cost not to exceed $6,300.00.The stipulated fee is firm for acceptance by the Client for 30 days from the date of agreement publication. to no instance shall the Consultant exceed the cost estimate or the Scope of Services without the Client's written consent and approval for Services performed directly by the Consultant. The Consultant will submit invoices to the Client monthly or upon completion of specific services. As the project progresses, facts may be uncovered that reveal a change in direction, which may alter the proposed scope of services. The Consultant will notify the Client in writing of such situations so that changes in this agreement can be negotiated as required. 4. Warranty of Consultant The Consultant warrants to the Client that they will apply present professional scientific judgment, and use a level of effort consistent with current professional standards in the same or similar locality under similar circumstances in performing the Services. The Client acknowledges that: (1)"current professional standards"shall mean the standard for professional Services, measured as of the time those Services are rendered,and not according to later standards, if such later standards purport to impose a different degree of care upon the Consultant. 5, Regulatory Compliance The Consultant shall assume responsibility For performing its Services under this agreement in accordance with laws and regulations in effect at the time of execution of this agreement. B. Indemnification-Client Subject to any limitations contained in Sec. 893.80 and any similar stature,of the Wisconsin Statutes, the City of Oshkosh agrees to hold the Consultant, its officers, officials, employees and agents harmless from any and all liability, Including claims, demands, losses,costs, damages, and expenses of every kind and description (including death),or damages to person or property arising out of the terms of this Agreement where such liability is founded upon or grows out of the acts or omission of any of the City's officers, employees or agents while acting within the scope or their employment, 7. Indemnification -City 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 asigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City 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. 8. Confidentiality The Consultant shall hold all such data, reports, and other information in confidence for the aforementioned,except for documents requiring review by the Wisconsin Department of Natural Resources,Army Corps of Engineers or local County Zoning, 9. Force Majeure Neither party shall be deemed in default for the agreement nor any work order hereunder to the extent that any delay or failure in the performance of its obligations(other than the payment of money)or results, without its fault or negligence, from any cause beyond its reasonable control, including,without limitation, acts of God, acts of civil or military authority, embargoes, epidemics, war, riots, insurrections, fires, explosions,earthquakes, floods, adverse weather conditions, strikes,or lock-outs. 10. Governing Law This agreement shall be governed by and interpreted pursuant to the laws of the State of Wisconsin. 11. Site Information The Client shall assist the Consultant by placing at the Consultant's disposal all available documents and information pertinent to the Services that are available to the client 12. Right-Of-Entry The Client will furnish right-of-entry for the Consultant and employees to such property as may be necessary for the Consultant to perform the Services under this agreement. The Consultant will take reasonable precautions to minimize damage to the property caused by the Consultant's equipment, but has not included in the Consultant's Services the cost of restoration of damage which may result from the Consultant's operations. If the Client requires the Consultant to restore property to its former conditions, the costs associated with restoration will be added to the Consultant's fee. 2 13. Entire Agreement, Survival or Terms The terms and conditions set forth herein constitute the entire understanding of the parties relating to the provision of Services by the Consultant and the Client and supersede any prior contact, arrangement or work order between the parties and represent their complete agreement. No alterations to, or modification of, the terms and conditions of this agreement shall be effective unless such alterations or modification is reduced to writing and properly executed by the parties hereto. These terms and conditions shall survive the completion of the Services under this agreement and the termination of this agreement for any cause. IN WITNESS WHEREOF, the parties hereto have executed this agreement: By: Brian Bates, P.S.S. Bates Soil &Water Testing Services, LLC. Date: By: James Rabe Civil Engineering Supervisor City of Oshkosh Date: 3 • A CERTIFICATE OF LIABILITY INSURANCE DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(Ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Judy Jurgen Fuhrman Insurance Unlimited,Inc. PHONE (262)886-0800 FAX 262 886-1000 10503 Northwestern Avenue r C.No.an: I(ac,No): ( ) Franksville,WI 53126 Er Ross: Judy@fuhrmaninsurance.com INSURER(S)AFFORDING COVERAGE _ NAJC S INSURER A: State Auto Insurance Company INSURED Bates Soil&Water Testing Services, LLC INSURERS: N1237 County Crest Circle Hortonville,WI 54944 INSURER C: INSURER D _INSURER E: _ _ 1 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILLTRR TYPE OF INSURANCE. ANSSR. WVD, POLICY NUMBER 4MM//DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY SOC2468912 05/15/2013 05/15/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMIXS Ma occurrence) $ 100,000 CLAIMS-MADE 7 OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPUES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY JECT ! I LOC $ A AUTOMOBILE LIABILITY BAP2223586 05/15/2013 05/15/2014 CO BB/NED SINGLE UMI1` 1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per occident) $ V HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accIdent) _ $ A UMBRELLA LAB — OCCUR SOC2468912 05/15/2013 05/15/2014 EACH OCCURRENCE $ EXCESSUIB CLAIMS-MADE AGGREGATE $ 2,000,000 DEL) 1 RETENTION$ y _ $ WORKERS COMPENSATION I WC CSTAATU- I IOTTH ER AND EMPLOYS'LIABILITY Y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? n N!A (Mandatory in NH) EL.DISEASE-EA EMPLOYEE $ K yes describe under -- — DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (Attach ACORO 101,Additional Remarks Schedule,K more apace Is required) ADDITIONAL INSURED: CITY OF OSHKOSH,AND ITS OFFICERS,COUNCIL MEMBERS,AGENTS,EMPLOYEES,AND AUTHORIZED VOLUNTEERS-P.O. BOX 1130,OSHKOSH,WI 54903-1130 • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF OSHKOSH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O.BOX 1130 ACCORDANCE WITH THE POLICY PROVISIONS. OSHKOSH,WI, 54903-1130 AUTHORIZED REPRESENTATIVE nn p/ I r 6 1 \�n�I� K ©1988-2010 •- a ORPORA N. All rig reserved. ACORD 26(2010/05) The ACORD name and logo are regi- ,d marks of ACORD MOBDEC SOC 2468912 05 03/15/2013 WFS BATE CPP` R 48FUHR0040115 054944 mieSTATE AUTO' Insurance Companies SOC 2468912 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations CITY OF OSHKOSH ITS OFFICERS , COUNCIL OSHKOSH , WISCONSIN MEMBERS , AGENTS , EMPLOYEES, AND AUTHORIZED VOLUNTEERS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section Il - Who Is An Insured is This insurance does not apply to "bodily injury" amended to include as an additional insured the or "property damage" occurring after: person(s) or organization(s) shown in the 1. All work, including materials, parts or Schedule, but only with respect to liability for equipment furnished in connection with such "bodily injury", "property damage" or "personal work, on the project (other than service, and advertising injury" caused, in whole or in maintenance or repairs) to be performed by or part, by: on behalf of the additional insured(s) at the 1. Your acts or omissions; or location of the covered operations has been 2. The acts or omissions of those acting on completed; or your behalf; 2. That portion of "your work" out of which the in the performance of your ongoing operations for injury or damage arises has been put to its II the additional insured(s) at the location(s) intended use by any person or organization designated above. other than another contractor or subcontractor B. With respect to the insurance afforded to these engaged in performing operations for a additional insureds, the following additional principal as a part of the same project. exclusions apply: CG 20 10 07 04 Page 1 of 1 +//"C0 20 10 07 04 ISO Properties, Inc., 2004 OMSSON MIn..U. Issue Date 03/15/2013 09:15:41 AM o,,,„, „b,;,,