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Home My WebLink AboutPW Cont 14-08/Bates Soil and Water 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. Brian Bates Date: September 17, 2014 Bates Soii &Water Testing Services Sub'ect: Executed Agreement N1237 Country Crest Circie Wetland Determination and Hortonville, WI 54944 Delineation Services Contract 14-08 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 Quantit Description 1 Executed A reement These are being transmitted as indicated below: ❑ For Approval � For Your Use ❑ As Requested ❑ For Review 8� Comment Remarks: Enclosed is a copy of the executed agreement for the wetland determination and delineation services. 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 cc: � File—Original Signed: Trac . Taylor I:1Engineering12014 CONTRACTS\14-OB Lk BDM Dr,Ryf Rd,&Edgewood Rd Wtr Mn Loop\Project InformationlContract Info\14-OB Bates OT-Executed Wetland Delin Agreemnt 9-7- 14.docx AGREEMENT This AGREEMENT, made on the ��T� day of S�� , 2014, 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 AND DELINEATION SERVICES. 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 D. Bates, P.S.S. — 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, P.E. — Civil Engineering Supervisor ARTICLE Ilt. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's e-mail dated August 14, 2014. 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�2014 CONTRACTS\14-08 Lk BDM Dr,RyF Rd,&Edgewood Rd Wtr Mn Page 1 of 5 Loop\Projed_Information\Contrad Info\14-08 Bates Agreemnt-Wetland Delin_8-18-14.docx 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. 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 VI. 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 VII. 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 e-mail dated August 14, 2014. 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 equitabte adjustment in schedule. I:\Engineering�2014 CONTRACTS\14-08 Lk 8DM Dr,Ryf Rd,&Edgewood Rd Wtr Mn Page 2 of 5 Loop\Project_Informalion\Contract Info\t4-OS Bates Agreemnt-Wetland Delin 8-18-14.docx ARTICLE VIII. 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 e-mail dated August 14, 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 IX. 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$3,150 (Three Thousand One Hundred Fifty Dollars). 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 X. 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 refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. I:\Engineering�2014 CONTRACTS\14-OS Lk BDM Dr,Ryf Rd,&Edgewood Rd Wtr Mn Page 3 of 5 Loop\Project_Information\Contract Info\14-08 Bates Agreemnt-Wetland Delin_8-18-14.docx 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 XI. 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. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled or non-renewed until at least 30 days prior written notice has been given to the City Clerk of the City of Oshkosh. ARTICLE XII. 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 XIII. 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 I:\Engineering�2014 CONTRACTS\14-OS Lk BDM Dr,Ryf Rd,8.Edgewood Rd Wtr Mn Page 4 of 5 Loop\Project Information\Contract Info114-08 Bates Agreemnt-Wetland Delin_8-18-14.docx unauthorized re-use, change, or alteration of these project documents. ARTICLE XIV. 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 XV. 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 e Presence of: CONSULTANT By: ' O �Gdr��"'/e (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH ��..,:� --1�'.$,� By: ,.....,��—._..�i,��,�i (Witness) Mark A. Rohloff, City Manager I:\Engineering�2014 CONTRACTS\14-OB Lk BDM Dr,Ryf Rd,&Edgewood Rd Wtr Mn Page 5 of 5 Loop\Pro�ect_Information\Contract Info\14-08 Bates Agreemnt-Wetland Delin_8-18-14.docx Taylor, Tracy L From: Rabe, James E. Sent: Friday, August 15, 2014 10:13 AM To: Brian Bates Cc: Taylor, Tracy L Subject: Re: Lake Butte des Morts Drive Water Main Project Brian, Please proceed. Sent from my Sprint phone. James Rabe, PE, CPESC Civil Engineering Supervisor Storm Water Utility City of Oshkosh Ph: 920-236-5065 Fax: 920-236-5068 ----- Reply message ----- From: "Brian Bates" <bates.brian(a?sbc�lobal.net> To: "Rabe, James E." <jrabe@ci.oshkosh.wi.us> Subject: Lake Butte des Morts Drive Water Main Project Date: Thu, Aug 14, 2014 11:11 PM Hi James, My cost to complete all the field work, report writing and any future required meetings/DNR meetings would be $3,150 lump sum. There would be an additional $300.00 that the City would need to pay for the DNR Wetland Concurrence fee. I would schedule it for the 25th and it would only change if it is raining that day. If I can get there on the 22nd, I will, but I can't promise it with my existing schedule and not knowing what the weather will bring next week. It must be the fall rush already, I have had 5 bid requests in the past couple days and thaYs why I'm up so late. If the City would like me to proceed, let me know ASAP. If you need a formal proposal,just let me know. Thanks James, Brian Brian D, Bates, P.S.S. Bates Soil& Water Testing Services, LLC. Ni237 Country Crest Circle Hortonville,Wl 54944 920-470-5313 Cell 920-779-0000 Office From: "Rabe, James E." <jrabe(c�ci.oshkosh.wi.us> To: 'Brian Bates' <bates.brian(a�sbcqlobal.net> Cc: "Gierach, Justin" <JGierach(a�ci.oshkosh.wi.us> Sent: Thursday, August 14, 2014 8:30 AM Subject: RE: Lake Butte des Morts Drive Water Main Project i , Brian, Give me a call when you think you'll be in town. We will arrange to meet you onsite. James From: Brian Bates (mailto:bates.brian(cr�.sbcglobal.net] Sent: Thursday, August 14, 2014 6:05 AM To: Rabe, James E. Cc: Gierach, Justin Subject: Re: Lake Butte des Morts Drive Water Main Project I have a delineation to complete in Fond du Lac today and will stop by later in the day (assuming I will have time). If you would like me to call you about an hour before I can be there, let me know. Might be helpful to have you or Justin there to discuss any concerns or questions. Brian Brian D. Bates, P.S.S. Bates Soil& Water Testing Services, LLC. N1237 Country Crest Circle Hortonville,WI 54944 920-470-5313 Cell 920-Z79-0000 O�ce From: "Rabe, James E." <Irabe .ci.oshkosh.wi.us> To: Brian Bates <bates.brian(a�sbcqlobal.net> Cc: "Gierach, Justin" <JGierach(c�ci.oshkosh.wi.us> Sent: Friday, August 8, 2014 12:45 PM Subject: Lake Butte des Morts Drive Water Main Project Brian, Attached is some information relating to the Lake Butte des Morts Water Main project that we discussed this morning. If you have any questions, please let us know. We do have survey lathe and paint marking the approximate location of the water main. Those may or may not still be visible when you get onsite, depending on if our Streets Division does some cutting in the area before you get there. Thank you, James Rabe, P.E., CPESC Civil Engineering Supervisor City of Oshkosh Storm Water Utility (920) 236-5065 (phone) (920) 236-5068 (fax) z 'r 09-OZ-'14 12;36 TO- 19202365068 F�OM- Fuhrman Insurance P0001/0001 T-138 F-206 �� . . . ' � : • DATE(MMIODIYYI'11 ■�" A�a°�' CERTIFICATE OF LIABILITY INSURANCE 9�o2�ZO, ,�■ �--� THIS CERTIFICATE IS IS3UED AS A MATTER OF INFORMAT(ON ONLY AND CONF�RS NO RfGHTS UPON THE CERTIFICATE HOLDER. THIS • CERTIFICATE DOES NOT A�FIRMATlVELY OR NE6ATIVELY AMEND, EKTEND OR ALTER THE COVERAGE AFFORDED BY YHE POLICIE3 BELOW. THIS C�I271�ICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN TH� ISSUING INSURER(S), AUTHORIZ�D REPRESENTATIVE OR PRODUCER,AND THE CERTIFICAT�HO�D�R. ' IMPORTANT: If tho corElflcate holder Is an AODITIONAL INSURED,the pollCy(les)must be andorsod. It SUBROGATION IS WAIVED,subjact to tho terms and conditions of the policy,certain policles may require an Andorsament. 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CERTIFICATE HOLDER • CANCEII.ATION SHOULD ANY OF TME ABOVE DESCRI6E0 POLICIES BE CANCELLED BBFORE CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS THe EXPIRATION DA7E THEREOF, NOTICE WILL BE DELIVeRED IN 215 CHURCH AVENUE ACCORDANCE WI7M THE POLICY PAOVISIONS. P.O. BOX 1130 OSHKOSH,WI. 54903 AUTMORtZEO REPRESENTA7IVE 01988-2010 ACORD PORATI 11 rlghts reserved. ACORD 25(2010/05) The ACORD name and logo are reglstered mdrks Of ACORO