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HomeMy WebLinkAboutMidwest Engineering Services/2014 CIP Const. Materials Testing 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. Jeffrey L. Fischer Date: April 2, 2014 Midwest Engineering Services, Inc. Subject: Executed Agreement for 2014 CIP 608 North Stanton Street Construction Materials Testing Ripon, WI 54971-1182 Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos El Mylars El Change Order El Plans ❑ Specifications El Estimates El Diskette ❑ Zip Disk El Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use El As Requested ❑ For Review&Comment Remarks: Enclosed is the executed agreement for the 2014 CIP Construction Materials Testing. 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 Clerk's Office —Original City Attorney's Office—Copy Joe Sargent—Copy '/ cc: _File—Original Signed: Lei& /A racy 4 aylor I:\Engineering\Density Testing\2014\MES LOT-Executed Agreemnt_4-2-14.docx AGREEMENT Sr THIS AGREEMENT, made on the I day of 14 n ( , 2014, by and between the CITY OF OSHKOSH, party of the first part, (hereinafter referred to as CITY, and MIDWEST ENGINEERING SERVICES, INC., 608 North Stanton Street, Ripon, WI 54971-1182, 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 2014 CAPITAL IMPROVEMENT PROGRAM CONSTRUCTION MATERIALS TESTING. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Jeffrey L. Fischer— 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 CITY'S Request for Proposal. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. 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. I:\Engineering\Density Testing\2014\MES Agreemnt_3-21-14.docx Page 1 of 6 ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. ARTICLE V. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties that the CONSULTANT makes no warranty that the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others that the CONSULTANT reasonably relied upon and that are incorporated into the record drawings. ARTICLE VII. 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 VIII. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. I:\Engineering\Density Testing\2014\MES Agreemnt_3-21-14 docx Page 2 of 6 If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSULTANT will, if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. CITY recognizes that CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE IX. CITY'S INSURANCE CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. CITY will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all project work including the value of all onsite CITY-furnished equipment and/or materials associated with CONSULTANT's services. Upon request, CITY will provide CONSULTANT a copy of such policy. ARTICLE X. 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. I:\Engineering\Density Testing\2014\MESAgreemnt_3-21-14.docx Page 3 of 6 ARTICLE XI. 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's Request for Proposal dated February 25, 2014 and attached hereto 3. CONSULTANT's Proposal dated March 7, 2014 and attached hereto 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 XII. 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 $59,600 (Fifty-Nine Thousand Six Hundred Dollars). • Attached fee schedule 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 thirty (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 XIII. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her 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 I:\Engineering\Density Testing\2014\MES Agreemnt_3-21-14.docx Page 4 of 6 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 for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT 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 re-use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XIV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XV. 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 ten (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. ARTICLE XVI. RE-USE OF PROJECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. CITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized re-use, change, or alteration of these project documents. I:\Engineering\Density Testing\2014\MES Agreemnt_3-21-14 docx Page 5 of 6 ARTICLE XVII. SUSPENSION, DELAY, OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. ARTICLE XVIII. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of:0311AM 019 Q 61 By: ■/1!�11 U 4111 'am- Br#1.vc L A-r.42,04 9,- -- (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH s . �. _ By: �t��- % < hl ff, Witne Mar A. R . ( � o o , City Manger �...i /MA■ And: �' _1_ (Witngs) _ 'amela R. Ubrig, City Clerk I APP-OVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. ity Attorney r r�, ASCity Comptr .S/ I:\Engineering\Density Testing\2014\MES Agreemnt_3-21-14.docx Page 6 of 6 A °® CERTIFICATE OF LIABILITY INSURANCE s�2i�zola 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 cgs,/ CONTACT Michelle Bandlow 1S l..a 5.�' NAME: R & R Insurance Services, Inc. RE.C (A/CNN0 Ext, (262)574-7000 ,No).(262)574-7080 1581 E Racine Avenue Mass,michelle.bandlow@rrins.com PO Box 1610 t 16\4 INSURER(S)AFFORDING COVERAGE NAIC# Waukesha WI 53186 ANA lNSUuERA:Liberty Mutual 22659 INSURED P'-'- (-01\11-''\I\iL1i SURERB:United Wisconsin Ins Co 29157 Midwest Engineering Services In pT. OF H Nf ISCO�INSURER C Architects and Engineers Ins. 608 N Stanton Street OSH '�S r INSURERD: INSURER E: Ripon WI 54971 INSURER F: COVERAGES CERTIFICATE NUMBER:14/15 S/T Ripon 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. INSR ADDL SUER LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ 500,000 A CLAIMS-MADE X I OCCUR YVJZ91456564023 3/23/2014 4/1/2014 MED EXP(Anyone person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 X LG3178 (0505) GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 7 POLICY I I PE 0. 7 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED ASJZ91456564013 3/23/2014 4/1/2014 BODILY INJURY(Per $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X I RETENTION$ 10,000 TH7Z91456564033 3/23/2014 4/1/2014 $ B WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1 000,000 (Mandatory In NH)EXCLUDED? N N/p' 0400132650 12/1/2013 12/1/2014 , E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT_$ 1,000,000 C Professional/Pollution AEICPGII 3/23/2014 4/1/2014 Per Claim 1,000,000 - 50,000 deductible Aggregate 3,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Re:City of Oshkosh 2014 Capital Improvement projects City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are additional insureds for general liability and automobile liability if so required in a written contract or agreement but only as respects to actual or alleged negligence arising out of the acts or products of the named insured. Forms LG3180(0907) and CA2048(0299) would apply. The umbrella policy includes the general liability, automobile liability and employers liability in the schedule of underlying insurance. Form LCU9904(1110) would apply if so required in a written contract or CERTIFICATE HOLDER CANCELLATION jsargent@ci.oshkosh.wi.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue P.O. BOX 1130 AUTHORIZED REPRESENTATIVE Oshkosh, WI 54903-1130 J Vanderveldt/MB310 - r ' ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS(125(7ntnnsl n1 Tha Amnon name nnrl Inn,*nra ranichararl mnrlrc of Fir non COMMENTS/REMARKS agreement. Note that the limits of liability of the professional policy shown on certificate are not dedicated to the project listed as claims from other sources can erode the limit of liability. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. ON FILE R • Qeopv t e Cie rk ,13 cow C 4_, midi/vest engineering services, inc. geotechnical • environmental • materials engineers PROPOSAL FOR CONSTRUCTION MATERIALS TESTING City of Oshkosh 2014 Capital Improvement Projects JPrepared for: The City of Oshkosh DPW 215 Church Avenue JP.O. Box 1130 Oshkosh, WI 54903-1130 J JMarch 7, 2014 MES Proposal No. 12-4088 j