HomeMy WebLinkAboutBates Soil & Water Testing 2015 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: March 4, 2015
Bates Soil &Water Testing Services Sub'ect: Executed Agreement
N1237 Country Crest Circle 2015 Wetland Determination and
Hortonville, WI 54944 Delineation Services
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 Descri tion
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 2015 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.
Darlene Brandt—Copy
City Attorney's Office—Copy �
City Clerk's Office —Original
cc: _ File —Original Signed:
Tracy ylor
I:\Engineering�2015 CONTRACTS\Wetland Delin Agreement\Bates LOT-Executed Agreement 3-4-15.docx
AGREEMENT
This AGREEMENT, made on the �� day of �� , 2015, 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 2015 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 III. SCOPE OF WORK
The CONSULTANT shall provide wetland delineation services upon request. A
separate scope of work and budget will be developed for each Project Authorization. A
sample ProjectAuthorization form is attached to this AGREEMENT.
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 tr�is AGREEMENT.
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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 individual
Project Authorization forms.
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.
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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. Individual ProjectAuthorization Form
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:
• Not to Exceed Contract Amount of $22,000 (Twenty-Two Thousand
Dollars). Individual budgets for each project will be negotiated and
specified on each Project Authorization form.
B. Method of Payment. The CONSULTANT shall submit itemized monthly
statements for services. All Project Authorization forms shall have a unique task code
assigned. All invoices shall clearly identify invoice amount per task code. 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
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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 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.
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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
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 the Presence of: CONSULTANT
By: ..,,. �
(Seal of Consultant ��������
If a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
gy: a�--�",�''i���fl
(Witness) Mark . Rohloff, City Manager
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PROJECT AUTHORIZATION NUMBER
("Work Order")
Owner: City of Oshkosh Department Public Works
Authorized Office: 215 Church Avenue P.O. Box 1130 Oshkosh Wisconsin 54903-1130
OwnerAuthorized Representative: James Rabe, P.E., CPESC, Civil Enqineerinq Supervisor
City of Oshkosh Purchase Order Number:
The authorizing office requires performance of the following described Services:
Form of Compensation:
� Lump Sum: $
Additional Terms and Conditions: None
Authorized Services shall be performed in accordance with the terms and provisions of the
agreement between Bates Soil & Water Testing Services, LLC and the City of Oshkosh, dated
, authorized . This Project Authorization shall be
effective only upon date of signature of an authorized representative of the City of Oshkosh.
Bates Soil &Water City of Oshkosh Department of Public Works
Testing Services, LLC
Authorized Representative Signature Authorized Representative Signature
James Rabe, PE, CPESC
Authorized Representative Name Authorized Representative Name
Date: Date:
1:1Engineering12015 CONTR.4CTS\Wetland Delin Agreement\Bates Blank Proj Auth Form_t- Pa9e � Of �
6-15.docx
__ __
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANb CONFERS NO RIGHTS UP�N THE CERTIFICATE HOLDER. THIS
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BELOW. THIS CERTIFICATE OF INSURANCE DOES N07 CONSTITUTE A CONTRACT BETWEEN THE 133UING IW3URER(S), AUTHORI2ED
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certiflcate holder in Iieu of such endorseme a.
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Fuhrman Insurartce Urtlimited,I�C. PHONE �26Z�S86-OSDO aC No:(282)888-1000
I 10503 Northwestern Avenue Jud fuhrmaninsurance.com
Franksville,WI 53126 R� g' y�
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EXCLUSIONS AND CONDITlONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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ADDITIONAL tNSUFtED: CITY OF OSNKOSH,AND 1TS OFFIClERS,COUNCIL MEMBERS,AGENTS,EMPLOYEES AND AUTHORIZED VOLUNTEERS.
30 DAY NOTICE OF CANELLATION ADDEQ TO THfS POLICY FOR CITY OF OSHKOSH DEPARTMEN7 OF FUBLIC WORKS.
CERTIFICATE HOLDER CANCELlATION
SHOULD ANY OF 7HH ABOVE DESCRlBED AOLlCIES BE CANCELLED BEFORE
CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS THE EXPIRATION DATE THEREDF, NOTICE WILL BE DELIVEttED IN
ACCORDANCE WITH THE POLICY PRCVI310N3.
215 CHURCHAVENUE
P.d.BOX 1130
OSHKOSH,WI. 54903 AUTHORIZEDREPRESENTATIVE
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�1988-2 ACORD PORATION. All rlghts reserved.
ACORD 25(2010t05) The ACORD name and logo are registered marks of ACORD
Signed for and in behalf of the City of Oshkosh
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