HomeMy WebLinkAboutDixon Engineering, Inc/T-Mobile Project 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: June 6, 2014
Dixon Engineering, Inc. Subject: Executed Agreement
9415 West Forest Home Avenue Inspection Services to Generate
Suite 208 Punch List Items Required to
Hales Corners, WI 53130 Complete T-Mobile Project for
Marion, Southwest, and Washburn
Water Tanks
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 the executed agreement for the inspection services to generate punch list items required
to complete T-Mobile project. 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 4 Steve Brand —Original
cc: _ File—Copy Signed: 4`I� Add _
Tr- y . Tayl c j
I:\Engineering\Tracy Taylor Steve Brand Agreements\Dixon Eng LOT-Executed Agreemnt-Punch List Insp-T-Mobile_6-6-14.docx
AGREEMENT
This AGREEMENT, made on the Lo day of jLA.Y 1e , 2014, by
and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as
CITY, and DIXON ENGINEERING, INC., 9415 West Forest Home Avenue, Suite 208,
Hales Corners, 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 for INSPECTION SERVICES TO GENERATE
PUNCH LIST ITEMS REQUIRED TO COMPLETE T-MOBILE PROJECT FOR
MARION, SOUTHWEST, AND WASHBURN WATER TANKS.
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. 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.
I:\Engineering\Tracy Taylor\Steve Brand Agreements\Dixon Eng Agreemnt-Punch List Insp-T-Mobile ProL6-2-14.docx Page 1 of 6
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. 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.
I:\Engineenng\Tracy Taylor%Steve Brand Agreements\Dixon Eng Agreemnt-Punch List Insp-T-Mobile ProL6-2-14.docx Page 2 of 6
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.
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 CONSULTANT's 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\Tracy Taylor\Steve Brand Agreements\Dixon Eng Agreemnt-Punch List Insp-T-Mobile ProL6-2-14.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. CONSULTANT's Proposal dated May 29, 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 $4,900 (Four Thousand Nine 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
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
I:\Engineering\Tracy Taylor\Steve Brand Agreements\Dixon Eng Agreemnt-Punch List Insp-T-Mobile ProL6-2-14.docx Page 4 of 6
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:1Engineenng\Tracy Taylor\Steve Brand Agreements\Dixon Eng Agreemnt-Punch List Insp-T-Mobile ProL6-2-14.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: CONSULTANT
By: /0/14,1- 4510y//Y
.ev1iti,- red) LCf e19irk,
(Seal of Consultant (Specify Title) l
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By: .4/41. a, /
(Witness) Stephen Brand
Public W• s Utility Bureau Manager
I:\Engineering\Tracy Taylor\Steve Brand Agreements\Dixon Eng Agreemnt-Punch List Insp-T-Mobile ProL6-2-14.docx Page 6 of 6
6"..; D IXO N 9415 West Forest Home Avenue,
Suite 208
Hales Corners,WI 53130
ENGINEERING, INC. TeleiE9-18
Proposal for Antennas JUN 0 2 2014
T-Mobile Inspections—3 Tanks
Washburn Tank DEPT. OF PUBLIC WORKS Southwest Tank OSHKOSH, WISCONSIN
Marion Tank
The Proposal is between Dixon Engineering,Inc. (DIXON) and Oshkosh,Wisconsin(OWNER)
to contract with DIXON for technical services for T-Mobile (CONTRACTOR).
1.01 Payment
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 a not to exceed time
and expense fee of Four Thousand Nine Hundred dollars $4,900. 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
Installation inspections to generate a punch list items required to complete the T-Mobile project
and to follow up after punch list items are addressed at the three tanks.
3.01 SIGNATURES
Joseph T. Hoban 05/29/14
PROPOSED by DIXON(Not a contract until approved by an officer) PROPOSAL DATE
CONTRACT APPROVED by OWNER POSITION DATE
CO SIGNATURE(if required) POSITION DATE
CONTRACT APPROVED by DIXON OFFICER EFFECTIVE CONTRACT DATE
1
Members: Society of Protective Coatings•American Water Works Association•Consulting
Engineers Council
SCHEDULE A
T-Mobile Inspections—3 Tanks
Washburn Tank
Southwest Tank
Marion Tank
I. Site Work for:
a. Installation inspections to generate a punch list of items required to complete the
T-Mobile projects and to follow up after punch list items are addressed at the
three tanks. These inspections include letter report and photographs. T-Mobile
installations are located at:
i. Washburn Tank
ii. Southwest Tank
iii. Marion Tank
SCHEDULE B
T-Mobile Inspections—3 Tanks
Washburn Tank
Southwest Tank
Marion Tank
I. PAYMENT
a. DIXON will provide antenna inspection services as outlined in Schedule A,
Item I. Compensation for these services is $125 per hour(including on site,
travel, and report generation time). Expenses for travel will be $0.60 per mile.
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.
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 '/z 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, 2015
DIXONEI OP ID: LB
•
ACORO" DATE(M MIDONYYY)
`„_--- CERTIFICATE OF LIABILITY INSURANCE 02!13!2014
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 ALTS TVE,C, FORDED BY THE POLICIES
BELOW. This CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BMIVEEt r E V 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 statemeintAtI 2eMte does not confer rights to the
certificate holder in Ileu of such endorsement(s).
CONTACT
PRODUCER Phone: 231-775-3416 area DEPT. OF PUBLIC WOR x
123 N Mitchell St r P.O.B.389 Fax:231-775-0817 W*CANo.Ext1: OSHKOSH, WISCONSI C,No):
Cadillac,MI 49601 EADDRESS:
Pete Suminski
INSURER(S)AFFORDING COVERAGE NAIC
INSURER A:Auto Owners Insurance Company 18988
INSURED Dixon Engineering Inc INSURER B:T ravelers Insurance Company
William Dixon INSURER C:US Specialty Insurance Company
11043RD Ave
Lake Odessa,MI 48849-1191 INSURER D:
INSURER E:
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.
INSR ADDL SUER POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYYY) (MMIDIXYYYY) LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY X 33007656 11/01/2013 11/01/2014 PREMISES EaEoccurrDence) $ 300+000_
CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000
X XCU PERSONAL&ADV INJURY $ 1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIESPER: PRODUCTS-COMPIOPAGG $ 2,000,000
—1 POLICY X Za- r- Lip, $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
(Ea accident) $
A X ANY AUTO X 9536751602 07/01/2013 07/01/2014 BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS
X H REDSAUTOS X NON-OWNED PROPERTY DAMAGE $
AUTOS (Per accident)
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000
A EXCESSLIAB CLAIMS-MADE 9536751603 11/01/2013 11/01/2014 AGGREGATE _ $
DED X RETENTION$ WAIVED $
WORKERS COMPENSATION X TORY L WCSTIMITATU-S X ER 0TH
AND EMPLOYERS'LIABILITY
B ANY PROPRIETOR/PARTNERIEXECUTIVE Y 1 N 6JUB5B53814-2-13 10/13/2013 10/13/2014 E.L.EACH ACCIDENT $ 500,000
OFFICER/MEMBER EXCLUDED? n NIA
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 500,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000
C Professional Liab USS1324111 07/01/2013 07/01/2014 Ea Claim 1,000,000
$25,000 DEDUCTIBLE Aggregate 1,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHCLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required)
When required by contract or written agreement, certificate holder and its
officers, council members, agents, employees and authorized volunteers
are included as Additional Insured by endorsement.
CERTIFICATE HOLDER CANCELLATION
CIOS001
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Oskosh ACCORDANCE WITH THE POLICY PROVISIONS.
215 Church Ave.
P.O.Box 1130 AUTHORIZED REPRESENTATIVE
Oshkosh,WI 54903-5100 �:
I t�
OO 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD