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River Valley Testing Corp. & Oshkosh
CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, Wl 54903-1130 PHONE: (920)236-5065 FAX(920) 236-5068 LETTER OF TRANSMITTAL To: Mr. George E. Barker Date: April 4, 2016 River Valley Testing Corp. Subject: Executed Agreement 1060 Breezewood Lane, Suite 102 Construction Materials Testing for the Neenah, WI 54956 2016 CIP Please find: ® Attached ❑ Under Separate Cover ❑' Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting dotes ❑ 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 a copy of the executed agreement for the construction materials testing for the 2016 CIP. 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 cc: File —Original Signed: "X- Tran. Taylor f LlErtglneedfigiDensity 7estErtg42 WRVT LOT Executed Agreernnl.doo r AGREEMENT -R� This AGREEMENT, made on the �E day of ; 2016, by and between the CITY OF OSHKOSH, party of the first part, here' after referred to as CITY, and RIVER VALLEY TESTING CORP., 1060 Breezewood Lane, Suite 102, Neenah, WI 54956, 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 CONSTRUCTION MATERIALS TESTING FOR THE 2016 CAPITAL IMPROVEMENTS PROGRAM. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PRJE T rD e in his AGREEMENT. George E. rkerLE XA—Vice President 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 11. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: Pete Gulbronson, P.E., C.D.T. — Civil Engineering Supervisor 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. Ali 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. L%Znginae6ngkDens4 TeOng1 OMTroposal PhaseM7Agreamnt_3-18-18.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 Vl. 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. 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. L%EngineedngZansity 7es6ngX2016%Proposa}PhaseSRVT Agreemnl_3-16.16.doex Page 2 of 6 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. 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 15, 2016 and attached hereto 3. CONSULTANT's Proposal dated March 10, 2016 and attached hereto 1AFng1naaring56en�tyTesfng520160aposalPhase5f2VTAgreemnl_3-18-16,doex Page 3 of 6 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 $69,885 (Sixty Nine Thousand Eight Hundred Eighty Five 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. D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s) not including documentation. 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 refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. I;TngineodngVWsiyTestingVOIOWroposa)Phase1RVTAgreomnl 3-1B-16.doac Page 4 of 6 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. 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. 1:Eng1nae0ngll?ensity Tes@ng12 %Troposal Phsse�RVr Agreamnl_3-18-16.docx Page 5 of 6 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 Prese of: CONSULTANT T � y. (Seal of Consultant 19 if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: -(1'�' L (Witness) M Rohloff, Cit a g r e i And: fitness) Pamela R. Ubrig, City Clerk/.. APPROVED: 1 hereby certify that the necessary provisions have been made to pay the liability which fill accrue under this AGREEMENT. Corney 4q)Wi AQ A L�M City Comptrol er I.TngineeringkDensity Tes[ing\20181Proposal PhaseWr Agreamnt 3-18-16.d= Page 6 of 6 'Taylor, TraciL From: Gulbronson, Peter P. Sent: Monday, February 15, 2016 9:53 AM To: Timm, Paul; 'Roxane Fitch'; 'Paul.Eggen@omnni.com'; 'gowe ns@a men gtest.com'; 'nayan.saha@gestrainc.com'; 'Jeffrey Fischer' Cc: Taylor, Tracy L; Gohde, Steven M.; Rabe, James E. Subject: Request for Proposal -2016 Construction Material Testing Attachments: Prof Sery Ins Requirements 4-14-14.pdf; Proposal Cost Breakdown.pdf; Scope of Services Construction Materials Testing.pdf; Blank Current Agreement Form.pdf Dear Perspective Bidder: The City of Oshkosh is hereby requesting proposals be submitted for Construction Materials Testing services related to the City's 2016 Capital Improvement Program. Questions regarding this request for proposal shall be emailed to me at pgulbronson@ci.oshkosh.wi.us(with the subject heading of"2016 CIP Construction Materials Testing RFP Questions") by 12:00 p.m. on Tuesday, March 1, 2016. The questions and appropriate responses will be distributed to all parties receiving this Request for Proposals by 4:30 p.m. on Wednesday, March 2, 2016. Please submit four(4) hard copies of the proposal to my attention no later than 12:00 p.m. on Friday, March 11,2016. Enclosed with this letter are the Scope of Services, Proposal Cost Breakdown,Sample of the Standard Engineering Services Agreement, and Insurance Requirements. The information contained within these attachments shall become a part of the Contract with the Consultant selected to perform the Services. Please acknowledge receipt of this email and four attachments by replying back to me. Pete Gulbronson, P.E., C.D.T. Civil Engineer Supervisor 215 Church Avenue P.O. BOX 1130 Oshkosh, WI 54903-1130 Main Office(920) 236-5065 Direct Line (920) 236-5063 Fax(920)236-5068 Email: pgulbronson@ci.oshkosh.wi.us Go Green- keep it on screen. Think before you print! 5 oJ�o1H UH IIL:7Ak Llt SCOPE OF SERVICES CONSTRUCTION MATERIALS TESTING 2016 CAPITAL IMPROVEMENT PROGRAM This Agreement is to provide utility nuclear density testing services of utility trench backfill, laboratory testing, and other field testing of these materials as necessary. Responsibilities include providing qualified timely response, daily coordination and conmlunication with contractors and city staff, and prompt professional reporting of test results. 1. Background A. The following City of Oshkosh projects are planned to be covered under this Agreement: 1. Contract 16-02—North Main Street WisDOT Project Number 4994-01-14 a. North Main Street—New York Avenue to Murdock Avenue 2. Contract 16-04—Paving, Sidewalk,Driveway, and Utilities/First Local Street Concrete Paving Program (Northside Area)—Bay Shore Drive, Bowen Street, Ceape Avenue, Mill Street, and Otter Avenue a. Bay Shore Drive—Mill Street to Bowen Street b. Bowen Street—Fox River to Otter Avenue . c. Ceape Avenue—Mill Street to Bowen Street d. Mill Street—Fox River to Otter Avenue e. Otter Avenue—Broad Street to Bowen Street 3. Contract 16-05--Paving, Sidewalk,Driveway, and Utilities/Second Local Concrete Paving Program (Southside Area)—Bismarck Avenue,Farmington Avenue, West Ripple Avenue,North Westfield.Street, and West 20111 Avenue a. Bismarck Avenue— South Sawyer Street to Guenther Street b. Fannington Avenue—Anderson Street to 360' east of Anderson Street c. West Ripple Avenue—Oregon Street to 600' east of Ripple Avenue d. North Westfield Street—Robin Avenue to Oshkosli Avenue e. West 201h Avenue—Clairville Road to 1,100' east of West 20th Avenue 4. Contract 16-05—Aviation Business Park Water Main Loop a. Easement---Aeroinnovate Drive to Knapp Street 5. Contract 16-09—Water Main Relay and Installation a. West 5th Avenue—Eagle Street to Knapp Street b. Quail Run Drive—Bromfield Drive 6. Contract 16-13 —Hot Mix Asphalt Paving and Utilities a. Locations yet to be determined IAEngineeriagTensi y TestingLQ16 P[opasal F1uselScnpe of Services Coustsuclion Afalerials Tntntg.docx Page 1 of 7 7. Contract 16-20— Storm Sewer LateralsNarious Locations a. Various Locations throughout the City B. The 2016 Capital Improvements Program is subject to change. Projects may be added or deleted based on the needs of the City of Oshkosh. Work listed throughout this RFP is not guaranteed. The City reserves the right to send out additional RFPs. .2. Testing and Reporting A. All tests and reports shall be in conformance with the latest ASTM Standards. The selected consultant will be responsible for providing all necessary forms for labeling of samples and documentation of test results. Test results shall include the location, sample number, and be separated per City Contract number. B. Soils and Aggregate Testing Provide the necessary labor and equipment for onsite nuclear density testing of utility trench backfill and associated laboratory material testing. Specifications will be based on the current edition of the Standard Specifications far City of Oshkosh, Misconsin and each contract's Special Conditions. The testing firm shall obtain all test samples from constriction sites throughout the City and may be required to obtain samples from various source sites. At a minimum, keep all lab samples until the end of each contract. Nuclear density testing will be performed on an as- needed basis, dependent on each contractor's schedule. As a reference, based on years past, a field density testing technician was required almost daily throughout the constriction season:. It is the testing£'urn's responsibility to verify the Contractor's schedule and to coordinate with the City of Oshkosh Inspectors/Engineers daily. This year's season is anticipated to commence in mid-March and continue through October. Nuclear density tests shall be located by project station, elevation, and utility trench type. The density testing technician shall notify the City Inspector and appropriate contractor of all failing tests. Failing areas shall be re-compacted and re-tested until passing results are achieved. All tests shall be documented. In addition to the utility trench density testing, assist the City of Oshkosh Inspector on inspection of backfilling operations per the current edition of the Standard Specifications for City of Oshkosh, Wisconsin. Work with the Contractor by providing ideas and methods of improving compaction, if necessary. l;SEngineedng\De110y TesffipL016TiogwIPhaseSScope orseevim CowTactioa bfatedals Tuting.docx Page 2 of 7 C. Reporting i. Technician Daily Reports a. Technicians will be required to document their activities through a daily report. These reports shall include the date, a detailed summary of the activities taking place for which they are inspecting/testing, the technician's arrival and departure times, and other pertinent information as is standard with this type of reporting. There shall be a separate daily report for each City contract worked on that day. Daily reports can be hand written, but must be legible. The technician shall document any observations, conversations, suggestions, etc. during the construction.site visit. 2. Material Test Reports a. Material test results shall be emailed in pdf format to the City Project Engineer within forty-eight {48} hours of notification of sample pick-up, unless the lengths of the test dictate otherwise. 3. Sunu».ary Reports a. Monthly testing summary reports during construction shall include a written summary; any material test results from that time frame; an updated, typed compaction results log; and the technician's daily field reports. All reports shall be signed by the appropriate signing authority of the selected firm and the project manager. Separate reports shall be generated for each City contract should multiple projects occur during the same time interval. The monthly sununary reports shall be submitted in conjunction with the contract's respective invoice. A final report shall be prepared upon the completion of each individual City contract. b. All reports shall be typed in a professional mariner according to industry standards and can be e-mailed to the City Project Engineer in pdf format. 4. Periodic Updates a. Additional e-mail correspondence or summary reports maybe necessary depending on certain situations. The testing firm's project manager shall notify the City Project Engineer of any issues throughout construction, 3. Proposal Cost Breakdown A. The Proposal Cost Breakdown sheet shall be filled out and included in the Proposal. B. A description of each item is as follows: 1. Roundtrip Charge—includes the technician's travel time and mileage to and from the City of Oshkosh each day services are required. The roundtrip charge shall also include any office time required by the technician prior to or after the day's field activities. I:\EngineeringSDtnsily TestingLOl6�Proposal plvselScope oCServices ConshuNion Afalerials Tes[ing.dax Page 3 of 7 2. Field Time — includes all necessary labor costs while testing in the City of Oshkosh including travel time between various projects. Travel time shall be split equally between projects and documented in their respective daily report. The City Inspector shall be notified upon arrival to and departure from the contract project site per visit. The City Project Engineer shall be notified by phone upon arrival to and departure from the City per trip. The field time hourly rate will apply, even if overtime is worked by the technician. Some overtime is expected due to the tight construction windows placed upon the contractors. 3. Equipment Rental—includes all necessary rental charges for equipment and materials used in the performance of the testing requirements. 4. Vehicle Rental — in vehicle rental charges while in the City of Oshkosh. Mileage traveling between projects throughout the day will not be considered. Vehicle costs incurred while traveling to and from the City shall be covered under the Roundtrip Charge. Rental time shall match the technician's onsite field tune for that day. 5. Sieve Analysis of Aggregate — includes all necessary labor and equipment to provide a sieve analysis per the latest ASTM standards and to compare with the contract's material specifications. Cost to also include report generation and distribution to City and contractor personnel. 6. Modified Proctor Density Test(aggregate)—includes all necessary labor and equipment to provide a modified proctor density test of aggregate per the latest ASTM standards. Cost to also include report generation and distribution to the City. 7. Trench Backfill Testing Reports--includes all necessary labor and material costs to provide monthly summary reports. Reports to include awritten engineering summary,material test results, an updated running log of the compaction results, and the technician's daily field reports for the respective period. 8. Engineer Consultation —professional engineer's (geotechnical and materials background required)labor rate,should services be requested for consultation or to attend any meetings. Engineer consultation time should only be used with approval from City of Oshkosh Project Engineer. 9. Project Manager --- City-approved project manager's (geotechnical and materials background required) labor rate. This Agreement will allow up to a total of 2.5 hours per week without prior approval from the City of Oshkosh for project coordination,scheduling, and other duties as necessary. This person will be asked to attend the Contractor's Pre- Construction Meetings and will be paid according to this hourly rate. Additional time per week for normal project management shall be considered incidental to the Agreement. 10. Response Time— time it will take the Consultant to mobilize a technician from the home office to a particular construction site in the City of Oshkosh, if notified by the City or Contractor their presence is required. An important factor in the selection of the Consultant is their ability to be responsive should their services become necessary on short notice. Page 4 of 7 J-%EngineeringSDensity Tesiin,V0J 6Tropoeal Ps ConsMxlion A{alerials Tesliug.doc, 4. Additional Information A. The technician will be required to be on site on an as-needed basis, per the Contractor's schedule and/or at the City's request. Typically, a technician will not be on site every hour contractors are working, but rather during backfilling operations. B. There are times when an additional technician may be needed. This would primarily be during asphalt paving operations or during clay liner installation that take place concurrently with multiple utility projects. S. Additional Proposal Requirements A. In addition to the requirements listed throughout this Request for Proposal, each respondent shall include the following: 1. Prepare a summary of the firm's understanding of this Proposal. 2. Provide a brief description of the respondent's organization. 3. List the planned project team and their respective resumes including relevant experience and training. Specifically provide the names/titles of personnel assigned to each task including the Project Manager. It is required the proposed technician have previous experience with utility trench construction. It is desired to have a raid- to senior-level technician. Should the need arise for a replacement technician during the season, the City of Oshkosh Project Engineer shall be notified for prior approval. Include names and resumes of any potential replacement technicians in the Proposal. 4. Provide a list of recent projects of a similar nature and capacity in which the respondent has been involved. S. Furnish a list of at least three(3)references that will be able to verify information supplied in the Proposal. B. The Proposal shall also include fee schedules for laboratory testing,including additional testing required for clay liners per the Wisconsin Department of Natural Resources Technical Standard 1001; standard asphalt testing; various levels of engineering rates; and other construction testing services not covered specifically in this Proposal. 6. Invoices A. The Consultant shall submit itemized monthly statements for services. Separate invoices are required.per city contract. Invoices shall be emailed to the City Project Engineer within one week after the end of the previous calendar month. Required back-up information is as follows: i. Monthly reports shall be utilized as back-up documentation. Time periods on the monthly reports and the invoices shall be the same. ]:1Engitteering}Dettsity Test'sugE2016SProposal P}sssel5copt of Services Cunstnttlioa Materials Testing.docx Page 5 of 7 2. For any approved consultation or additional project management time, include the date, a description of the discussion and/or activity and the name of the City staff person and the Consultant's staff involved in the discussion. B. Additional invoicing and payment requirements are stated in the Agreement Form. 7. Agreement Award A. The Agreement will be awarded on a time-and-materials basis, with a not-to-exceed total. Changes to the Agreement will be completed per the requirements set forth in the City of Oshkosh Agreement document. Indicated quantities in this RFP are only an estimate and are not guaranteed. B. By providing a signed Proposal,the respondent is acknowledging they will work solely under the terms and conditions of the City of Oshkosh and if selected, will provide insurance documents according to the attached requirements with the signed Agreements within a week after receiving the official agreement paperwork from the City of Oshkosh. Besides prior negotiated agreements between the Consultant and the City of Oshkosh, a consultant's terms and conditions will not be accepted as part of the Agreement. C. The information contained within the signed Agreement form,o flhe A ee neRFP with ts with the documents, and the Consultant's Proposal shall become a parattached t g Consultant selected to perfonih the services. D. The Proposals will be reviewed for completeness awardand of this work will not b based solely ton he needs of the City of Oshkosh can be met. The cost of the Proposal, but will place high value on-the ability to provide timely responses and Oil technician experience with this type of work. 8. Project Schedule A. it is anticipated that the City will make the selection by Wednesday, March 16 2016 with award at the Council Meeting on Tuesday,March 22,2016. Construction is sclhedtlled to begin on or around April 4, 2016. The Agreement will terminate December 31, 2016 or upon the completion of any testing project started in 2016. The City of Oshkosh maintains the right to terminate the Agreement if the Consultant does not respond as stated in the accepted Proposal. 9. Method of Response A. As stated in the e-mail, questions regarding this RFP shall be emailed to ogulb�ronson@ci oshkosh.wLus by 12:00 p.m. on Tuesday, March 1, 2016. The subject heading of the e-mail shall be"2016 CIP Construction Materials Testing RFP Questions". The questions and appropriate responses will be distributed to all parties receiving this RFP by 4:30 p.m. on Wednesday, March 2, 2016. 3:1EngineeringlDzrssisy Testisg1016lPraposal PMS6Sc0pe of Scr%ic"Ccnsmiction).3a[erials Testing.&vx Page G of 7 B. Please submit four(4) hard copies with original signatures of the Proposal to Pete Gulbronson no later than 12:00 p.111. on Friday,March 11, 2016. Proposals may be delivered or mailed to: Pete Gulbronson, P.E., C.D.T Engineering Division City of Oshkosh 215 Church Avenue, Room 301 Oshkosh, WI 54901 1:\EngiwdnglDenstlyT,-6ng\2016`W0,{0salPLawe S"TevfSefVkesOonstiuctionPage 7 of 7 CITY Or OSHKOSH PROPOSAL COST BREAKDOWN CONSTRUCTION MATERIALS TESTING 2016 CAPITAL IMPROVEMENT PROGRAM ITEM DESCRIPTION UNIT EST. BID UNIT PRICE PRICE BID TOTAL QTY. 1. Roundtrip Charge Each 175 S $ 2. Field Time Hour 1,200 3, Equipment Rental Hour 1,200 $ $ 4. Vehicle Rental Hour 1,200 S $ 5. Sieve Analysis of Aggregate Each 20 S $ G. Modified Proctor Density Test (aggregate) Each 15 S $ 5. Trench Backfill Testing Reports Each 30 $ $ 7. Engineer Consultation Hour 15 $ $ 8. Project Manager Hour 70 $ $ TOTAL $ RESPONSE TIME TO SITE hours 1:5EngineeringV)eissity3'es�ing12014�ProposalPhaso�opo5a1Cost Sreakdoimdocx Page I Of I AGREEMENT This AGREEMENT, made on the day of , 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CONSULTANT'S NAME address , 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 SERVICES DESCRIPTION ARTICLE L PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Name —Title 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 Il. CITY REPRESENTATIVE The CITY shall assign the following individual-to manage the PROJECT described in this AGREEMENT: Name —Title ARTICLE Ill. 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 equiect table adjustment w�N be made throT's cost of ugh Ime required for n amendment to performance of the services, a q J 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. 1:1EngineeringlDensily 7estingti20165Proposaf t'hasetiBtank Current Agreement Form_1�8-15.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 VL 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. 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. I:IEnglnseringtDensityTes[ing120561ProposaSPhase181ankCaurrentAgreement Form 1.6-15.d0ex Page 2 of 6 If hazardous substances other than asbestos are suspected, CONSULTANT will, if requested, conduct tests to determine the remedial pmeasu es at nwill additional fee erform the necessary studies and recommend 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 anyway 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. ART]CLE 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 and attached hereto 2. CITY's Request for Proposal dated and attached hereto 3. CONSULTANT's Proposal dated E:lEngtneedngTensity TestingU016lProposat PheselBlank Current Agreement Farm_i•8-15.docx Page 3 of 6 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 $� Dollars). e Attached fee schedules 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. D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s) not including documentation. 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, Ior 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. [aEngineeringlflensityTesting120561Propasali'hasslBlankCurrent Agreement Form 1�8-15.docx Page 4 of 6 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 ail 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 XVII. SUSPENSION DELAY OR INTERRUPTION OF WORK CITY may suspend, delay, or interrLTANT's contract ice t the services of an SULTANT for schedu[e shallbhe e convenience of CITY. In such event, CONSU p equitably adjusted. S:IEnglneeringlpensity 7estingi20161Proposal Phase181a n!c Current Agreement Form_14-15.docx Page 5 of 6 ARTICLE XVlil. 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 By: (Witness) Mark A. Rohloff, City Manager And: (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. City Attorney City Comptroller L1EngineeringlDen6ityTesting520161P[oposal PhaselBiank CurreniAgraement Form_1-8-15.docx Page 6 of 6 A' 4114114 CITY OF OSHKOSH INSURANCE REQUIREMENTS Ill. PROFESSIONAL SERVICES LIABILITY INSURANGE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primaLy Covera e and that any insurance or self'insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 products—completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations must be carried for 2 years after acceptance of completed work (6) The enerai o re ate must apply se aratel to this ro'ectllocation 3. BUSINESS AUTOMOBILE COVERAGE— If this exposure shall exist: A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol #1 - "Any Auto"— including Owned, Non-Owned and Hired Automobile Liability. III - 1 4/14114 4, WORKERS COMPENSATION AND EMPLOYERS LIABILITY —"if" required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $600,000 Disease Policy Limit (3) $100,000 Disease— Each Employee 5. UMBRELLA LIABILITY - If exposure exists, provide coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of$10,000. 6. ADDITIONAL PROVISIONS A. Acceptability of insurers - Insurance is to be placed with insurers who have an A.M. less than Class VI, Best rating of no less than A- and a Financial Size Category and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Re uirements -- The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products -- Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does n, of_apply to Professional Liability, Workers Compensation and Employers Liability. C, Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days` prior written notice has been given to the City Clerk City of 0.shkosh. 111 - 2 DATE(h1tNDDM Y) A�' CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS THIS ERREICATE DOES NOT.5J D AFFIRMATIVELY M TE 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 INSURER, the policy(ies) must be endorsed. If SUBROGATION [S 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). CONTACT PRODUCER NAh4E: Insurance Agency contact Insurance Agent's � tnformatlon,Including street PHONE contact Inlormauon. address and PO BOX I7 AIC.No.Ext): applicable. E-MAIL ADDRESS: _ INSURER(5)AFFORDING COVERAGR NAIL# INSURERA: AS_C Insurance Company NAIG# INSURED Insureds N contact Information, I_SURERB: XYZ Insurance Company NAIL Including name,address and NAIC## IN phonenumber. SURER C: LMNInsurance Co an INSURER D: URInsurers)must have a minlmum AAf.pest rating ofA- anda Financial Performance Rating of V1 orberter. INSURER E: —�— INSURER F: COVERAGES CERTIFICATE NIIMBE=R: REVISION NUMB"=R: E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAV INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE AMY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RE o�CYD B�PAIDPOLICY XP INSR ADDL SUBR LII,4ITS LTR TYPE OF INSURANCE- INSR WVO POLICY NUMBER 1,%f.VDD I f,11 IDD I 000,000 GENERAL LIABILITY I` EACH OCCURRENCE 1. ® ❑ DAhIAGETORENTED ®COLIMERCIAL GENERAL LIABILITY GeneralLiablityPolcyNumber PoLcyBrfeulveandexp,'raiaondate. PREMISES(Eaoccurrence) SD,ODO I1 MED EXP(Anyone person) $5,b00 A CLAIF.4S-F4ADE OCCUR ® ISO FORM CG 20 37 OR EQUIVALENT PERSONAL&ADV INJURY $1,004,000 GENERALAGGREGATE _ 2,000,000 ■ 4 1',PRODUCTS-COh4P_/OPAGG2,0001000 GEN'L AGGREGATE LIIAT APPLIES PER: ❑, POLICY PRO- LOC $ F IJECT❑, COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accdent I $1,000,000 AUTOMOBILE ® ❑ AutaLab,7fyPolleyNumber Polcye�fectveandexpiratonda�e. BODILY INJURY(Per person) $ B ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ ❑AUTOS • AUTOS PROPERTYDAMAGE .HIREOAUTOS ■' NON-OWNED {PeraccideM $ AUTOS ) I❑ ❑ i ® ❑ EACH OCCURRENCE $2,000,001) UMBRELLA LIAB ®"OCCUR ❑ CLAItr15-MADE v_ $2,000,000 A ❑EXCESSLIRB tlmbreflaLiabl7,TyPelcyNumber Polcyeffectiveandexpirationdate. AGGREGATE El'DED RETENTION$10,000 I $ WC STATU- H. C WORKERS COhiPEN5ATIONEl El TORY L4FdITS ER AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNI_RIFXECUTIVE E.L.EACH ACCIDENT I $100,000 OFFICE/MEMBER EXCLUDED? Yin Workers Compense6on Poh"cy Pot cy elfectrve and expiration date. (Mandatory In NH) N Number F,L.DISEASE—EA EMPLOYEE $ 100,000 If yes,descn'be under DESCRIPTION OF OPERATIONS below I E.L.DISEASE—POLICY LIMIT $500,000 A PROFESSIONAL LIABILITY ❑ ❑ i $1,004,040 EACH CLAIM 1 ProfesstonstLlab&lPollcy policyaNeclivearxfexpiraliondate. $1,01)0,000 ANNUAL AGGREGATE Nomber I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES{Attach ACORD 309,Addltlonal Remarks Schedule,if more space is required) Additional Insureds per attached endorsements. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the Work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days'prior written notice has been given to the City Clerk--City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh,Attn:City Clerk Insurance Standard III SHOULD ANY OF THE THE EXPIRATION DATE,THEREOF,HEREOF,NOTICE WILL OVE DESCRIBED IBE DELIVERED IES BE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1130 Please indicate somewhere on this Oshkosh,WI 54903-1430 certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. O 1988-2010 ACORD CORPORATION. Ali rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY GG 20 10 07 04 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 Dame Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 -- Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' This insurance does not apply to "bodily injury" or caused, in whole or in part, by: "property damage"occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- 2. The acts or omissions of those acting on your ment furnished in connection with such work, behalf; on the project (other than service, maintenance or repairs) to be performed by or on behalf of In the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) design- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Insurance Standard 111 SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this c rtificate is for. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 13 POLICY NUMBER, COMMERCIAL GENERAL LIABILITY GG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ® OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations : Location And Description Of Completed O erations As required by contract Any and all job sites Information re aired to com fete this Schedule, if not shown above,will be shown in the Declarations. Section [I — Who Is An Insured is amended to include .as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". Insurance Standard 1I1 SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 V9r RIVER VALLEY TESTING CORP. 1060 Breezewood Laiie,Suite 102 Neenah,W154956 Telephone:9201886-1406 FAX:9201886-1409 Mach 10, 2016 RI1C:i_lVT",D Mr. Pete Gulbronson U 1 N Ri Department of Public Works Engineering Division WORKS' City of Oshkosh ()Si 1KOSH, WISCONSIN 215 Church Avenue,Room 301 q Oshkosh,WI 54903 11 Subj: Construction Materials Testing 2016 Capital Improvement Program City of Oshkosh, Wisconsin Mr. Gulbronson: In accordance with your Request for Proposals (RFP) dated February 26, 2016, River Valley Testing Corp (RVT) is pleased once again to submit the following proposal to provide services for your 2016 Construction Materials Testing contract. We feel we did a great job providing the testing services in 2011 and 2012, and hope to improve on that experience. By selecting RVT again, we can save the City of Oshkosh the intellectual set-up time you would experience with another firm. This proposal is intended to formalize an outline of our general scope of services and to provide cost information for our services. The proposal has been organized as follows: ■ Project Information ■ Scope of Services ■ Project Approach ■ Applicable Projects ■ Schedule ■ Conditions ■ Insurance ■ Why River Valley Testing ■ Remarks To improve the timeliness and clarity of our daily reports, RVT has invested in the latest technology. Voice to text will allow our technicians to give you clear, concise reports shortly after dictation. Look for it as the new way to do business in quality control. 2016 Capital Improvement Program March 10, 2016 City of Oshkosh, Wisconsin Page 2 As indicated above, we organized our response in alignment with your request; however, we felt it would be valuable to highlight key considerations of RVT that we feel support an extremely good fit for your project: • Our plan will be to assign a primary engineering technician to this project. This technician has the diverse capability and experience to tackle the testing needs of the City. ■ Our focus on project management will provide the highest chance for a successful project completed in a timely fashion. Our project management methodology has proven to limit delays, dead ends, hazards and surprises for the majority of our clients. As a result, your resources can be focused on other areas of the project thus reducing the common hassle factor related to testing services. You do not have to carry the burden of testing management. For instance, we anticipate most of our daily coordination will occur directly between the contractors and our engineering technician. ■ With RVT you receive the depth and quality of service typically found in larger firms, but with the personal touch of a smaller firm. This brings the best of both worlds to your firm and the project by combining certified technical skills and flexibility, responsiveness to changes in project timing and requirements and accessibility for problem resolution. All of this translates into a more efficient project for your firm. • Based on feedback from our clients, we understand that our approach to service delivery has improved construction schedules, avoided callbacks and improved ROI on their proj ects. PROJECT INFORMATION Based on information outlined in the RFP, RVT understands the proposed contract for construction materials testing will extend from the award date through December of this year. Further, this year's season is anticipated to commence in mid-March, and continue through October. We understand proposed projects requiring our support will mostly be the street reconstruction, utility upgrades, and sanitary sewer relays. We see your RFP indicates a testing technician is expected to be needed in Oshkosh just about every day. 2016 Capital Improvement Program March 10, 2016 City of Oshkosh, Wisconsin Page 3 SCOPE OF SERVICES Since our inception in 1990, RVT has made it a corporate commitment to provide the most responsive service possible. Being the most responsive starts with decreasing the time required to provide our field services and recommendations. Being the most responsive continues with providing recommendations which balance geotechnical and materials concerns with practical construction concerns. And, our latest move to responsiveness includes cloud based reporting for nearly real-time PDF report generation. Based on RVT's understanding of the requested testing services, as outlined in the RFP, our scope of services will include: ■ Onsite nuclear density testing of utility trench backfill, • Documentation of soil density test locations by project station, offset, elevation, and utility trench type, ■ Reporting laboratory and field results in PDF format via email to the City Engineer within 48 hours unless test requires longer to perform, ■ Daily field reports for each contract, to be completed by the technicians as they summarize the tests performed that day as well as any pertinent observations or recommendations, ■ Submitting monthly summary reports, which include a written summary, material tests results, compaction results log, and the technicians daily field reports, and ■ Submitting a final summary report for each individual contract. We understand the testing will include approximately one hundred seventy five (175) roundtrip visits to the City of Oshkosh for various testing, twelve hundred (1,200) hour's of field time, twelve hundred (1,200) hours each of equipment rental and vehicle rental, thirty (30) trench backfill testing bi-weekly summary reports, fifteen(15) hours of engineer consultation, seventy (70) hours of project management, twenty (20) sieve analyses of aggregate, and fifteen (15) modified proctor density tests of aggregate. For failing nuclear density tests, RVT will work with the contractor to ensure each test location is re-compacted and retested until passing results are achieved. All tests will be documented. 2016 Capital Improvement Program March 10, 2016 City of Oshkosh,Wisconsin Page 4 All tests and reports will conform to the latest ASTM Standards and be compared to the 2016 City of Oshkosh Standard Specifications. As requested, samples will be kept until the end of each contract. These contracts include: The following City of Oshkosh projects are planned to be covered under this Agreement: 1, Contract 16-02—North Main Street WisDOT Project Number 4994-01-14 a.North Main Street—New York Avenue to Murdock Avenue 2, Contract 16-04—Paving, Sidewalk, Driveway, and Utilities/First Local Street Concrete Paving Program(Northside Area)—Bay Shore Drive, Bowen Street, Ceape Avenue,Mill Street, and Otter Avenue a. Bay Shore Drive—Mill Street to Bowen Street b. Bowen Street—Fox River to Otter Avenue c. Ceape Avenue—Mill Street to Bowen Street d. Mill Street—Fox River to Otter Avenue e. Otter Avenue--Broad Street to Bowen Street 3, Contract 16-05---Paving, Sidewalk, Driveway, and Utilities/Second Local Concrete Paving Program(Southside Area)—Bismarck Avenue, Farmington Avenue,West Ripple Avenue,North Westfield Street, and West 20th Avenue a. Bismarck Avenue—South Sawyer Street to Guenther Street b. Farmington Avenue—Anderson Street to 360' east of Anderson Street c. West Ripple Avenue—Oregon Street to 600' east of Ripple Avenue d.North Westfield Sheet—Robin Avenue to Oshkosh Avenue e. West 20th Avenue---Clairville Road to 1,100' east of West 20th Avenue 4, Contract 16-08--Aviation Business Park Water Main Loop a. Easement—Aeroinnovate Drive to Knapp Street 5, Contract 16-09—Water Main Relay and Installation a. West 51h Avenue—Eagle Street to Knapp Street b. Quail Run Drive—Bromfield Drive 6, Contract 16-13—Hot Mix Asphalt Paving and Utilities a. Locations yet to be determined 7. Contract 16-20—Stonn Sewer Laterals/Various Locations a. Various Locations throughout the City 2016 Capital Improvement Program March 10, 2016 City of Oshkosh, Wisconsin Page 5 ADDITIONAL SCOPES OF SERVICE Based on Scope of Services document in the RFP and on the 2016 Standard Specifications for the City of Oshkosh,testing in addition to the Soil and Aggregate tests may be requested. Pond Liner Observations —If requested, an RVT engineer will observe the pond liner for thickness, soil characterization, and integrity. We will document any obvious cracking, boiling, and/or piping of the liner. We will also comment on exposed soil types which could be detrimental to the pond's ability to hold water. Also, we will conduct limited density testing to confirm the density of the clay liner. If unsuitable soils are encountered,we are available for additional consultation. Clay Liner Source Testing-- Prior to clay liner placement, RVT will test the clay source material to determine the plasticity index, percent material passing the #200 sieve and verify the hydraulic conductivity at the prescribed compaction level. Clay Liner Compaction Testing — During installation of the clay liner, an engineering technician from RVT will perform nuclear density testing of soil. Tests will be performed at frequencies and locations in accordance with WisDNR or the City of Oshkosh guidelines. If the compaction does not meet the minimum requirements, or the moisture content is not within the acceptable range, our technician will work with the contractor to ensure each test Iocation is re-compacted or moisture adjusted until all failing tests have been addressed. Clay Liner Acceptance Testier — Prior to finalizing the clay liner placement, RVT will perform closure testing by sampling the in-place clay material. To accomplish this, RVT will extract at least two (2) thin walled tube samples of the completed liner for verification of hydraulic conductivity, plasticity, and percent passing the#200 sieve. Asphalt Pavement Testing - During pavement placement, compaction results will be compiled to monitor this construction. Compaction tests of the mat will be performed using nuclear density methods. Core samples can be obtained if required to verify mat thicknesses and field densities. Asphaltic oil contents and the gradation of aggregates will be checked during placement(if requested). Plastic Concrete Testin - During placement of concrete, tests can be performed in accordance with project specifications or in accordance with your requirements. Six-inch diameter concrete cylinders will be cast for compression testing at the frequency outlined by the project specifications. We understand the City Personnel will handle this testing; therefore, we offer this service only if another option is needed. Hardened Concrete Testing - Four cylinders can be tested for compressive strength; one at 7, two at 28 days, and one held as a backup for additional testing. You will be notified if 7 day strengths indicate a potential failure at 28 days. Unless specifically requested by you, any 'Backup" cylinders can be disposed of if the 28 day cylinders meet project specifications. We understand the City submits these cylinders to a local lab; therefore, we offer this service only if another option is needed. 2016 Capital Improvement Program March 10, 2016 City of Oshkosh, Wisconsin Page 6 PROJECT APPROACH RVT understands that timeliness is a key aspect for the City of Oshkosh. With this in mind, RVT proposes to utilize the following approach to the project: ■ Based on our understanding of the critical timeframes for the project, we would develop a work plan to manage the contract to the identified concerns. ■ Coordinate with state and county regulatory agencies and city staff as required to accomplish the tasks required by the contract. ■ RVT believes the project management team is critical to the success of the project. To assure project success, RVT will assign an owner of the company for oversight of the entire process. Please reference the attached professional profiles for the relevant skills and training. ■ Principal Manager. George E. Barker, P.E., Owner/Project Manager ■ Staff Engineer: Joelle Lee,P.E., Coordinator, Reports • Senior Technician: Mark Wisncski, C.E.T., Field Services ■ Senior Technician: Curtis Cannon, C.E.T.,Field Services ■ Corporate oversight will be provided by George E. Barker while our day-to-day coordination will be handled by our senior staff engineer or one of our other construction materials engineers. In practice, we also anticipate the senior technicians will handle the vast majority of day-to-day scheduling of field services. ■ RVT believes in a team approach to overcoming project challenges. Therefore, in the spirit of teamwork, we request the City provide answers to requests for information and authorizations for any additional services on a timely basis. We request that our sample tags be completely filled out to facilitate an accurate reporting process. Though we will make the commitment to provide quick response to short notice calls, we would appreciate if, for typical construction-related services, we are given 24 hours notice prior to needing said services. We understand the City will provide a map of the 2016 construction projects. ■ All of the testing services will be provided by RVT personnel. We do not anticipate the need to subcontract any of this work. ■ Under normal circumstances, materials tests such as proctors, gradations, and other basic tests will take between three(3) and (5) business days to run. In many cases, the tests typically required to support density testing can be accelerated to as little as one (1) day. However, tests such as consolidation tests or hydraulic conductivity tests can take over three(3) weeks to complete and should not be accelerated. ■ RVT will provide the necessary labels and forms for uniquely identifying samples. ■ Reports, sample tags, and invoicing will contain the information requested in the RFP. 2016 Capital Improvement Program March 10, 2016 City of Oshkosh, Wisconsin Page 7 RVT strives to meet and exceed the expectations of our clients, We also understand the City needs to know that RVT can perform the requested services. Therefore, as requested in the RFP, we provide the following three (3) references that can verify RVT's ability to complete the requested services: ■ Mr, Mark Spielbauer, Engineering Manager of Hoffman, LLC. ■ Mr. Gerry Kaiser, Director of Public Works for the City of Neenah. • Mr. Geoff Farr, Director of Public Works for the Village of Howard. APPLICABLE PROJECTS In addition, our familiarity with the requirements of municipalities is evident in the fact that we have provided geotechnical and material testing and consultation services for the City of Neenah, Neenah Water Utility, Menasha Utilities, the City of Fond du Lac, Sheboygan County Highway Department, Waupaca County Highway Department, and Dodge County Highway Department. We have also provided testing for contractors on utility projects in Sherwood, Hilbert, Kimberly, Little Chute, Town of Menasha,New London, Weyauwega, Manawa, Kaukauna, New Holstein, Kiel, and North Fond du Lac. Company-wide we .have provided geotechnical and construction materials testing and consultation to the City of Green Bay, Green Bay Water Utility, the City of De Pere, the Village of Howard, the Village of Ashwaubenon, the City of Marinette, and the City of Menominee, Michigan.. SCHEDULE Based on past experience with the City of Oshkosh, we are likely to be in daily contact for various reasons, with scheduling being one of them. However, for periods of slow construction activity, we request a minimum of 24 hours notice prior to needing materials testing services onsite, although, as you know from our work in previous years, shorter notice can be accommodated. Because we understand time to be critical on your projects, we can expedite material laboratory results as required. CONDITIONS Should unanticipated conditions develop necessitating changes in the scope of services, our cost will be based on the actual job work completed in accordance with the attached Proposal Cost Breakdown and Fee Schedule. However, before proceeding with extra services, RVT and the City of Oshkosh will negotiate and execute a change order to the original contract. The attached "GENERAL CONDITIONS" is part of this proposal. 2016 Capital Improvement Program March 10, 2016 City of Oshkosh, Wisconsin Page 8 INSURANCE RVT carries all insurance required by The State of Wisconsin. On your project sites, RVT employees are covered by Workman's Compensation and General Liability Insurance. In addition, the opinions of RVT licensed engineers are covered by Errors and Omissions Insurance. Certificates showing proof of insurance will be submitted upon request. In addition, RVT has reviewed the insurance requirements outlined in the example "City of Oshkosh Insurance Requirements" of the RFP. Based on our understanding of the requirements, RVT maintains insurance limits meeting or exceeding the required amounts. Further, our insurance carrier requires a signed agreement be in-place, prior to commencement of work, for our Errors and Omissions Insurance to be in effect. REMARKS Should you decide to accept this proposal, we would appreciate the opportunity to develop our relationship by meeting with you to further refine the project scope. We look forward to working with you on your project. if you have any questions or need additional information, please contact me at 920/886-1406. Again, thank you for considering RVT for your construction materials testing services and we look forward to working with you again. Sincerely, RIVER VALLEY TESTING CORP. ACCEPTANCE: Client: AkIA141"t Signature: Typed Name: George E. Barker,P.E.,LEED C,,A Date: Vice President GEB/bmj Attachments APPENDIX City of 4slikosh—Proposal Cost Breakdown RVT Additional Testing Fee Schedule Professional Profiles 2016 Capital Improvement Program March 10, 2016 City of Oshkosh, Wisconsin Page 10 PROPOSAL COST BREAKDOWN CONSTRUCTION MATERIALS TESTING 2016 CAPITAL IMPROVEMENT PROGRAM ITEM DESCRIPTION UNIT EST. BID UNIT PRICE, PRICE BID TOTAL QTY. 1. Roundtrip Charge Each 175 $15.00 $2,625.00 2. Field Time Hour 1,200 $40.00 $48,000.00 3. Equipment Rental Hour 1,200 $2.50 $3,000.00 4. Vehicle Rental Hour 1,200 $3.50 $4,200.00 5. Sieve Analysis of Aggregate Each 20 $67.50 $1,350.00 6. Modified Proctor Density Test (aggregate) Each 15 $115.00 $1,725.00 5. Trench Backfill Testing Reports Each 30 $84.00 $2,520.00 7. Engineer Consultation Hour 15 $95.00 $1,425.00 8. Project Manager Hour 70 $72.00 $5,040.00 TOTAL $69,885.00 RESPONSE TIME TO SITE 0.4 hours 2016 Capital Improvement Program March 10, 2016 City of Oshkosh, Wisconsin Page 11 ovgr ADDITIONAL TESTING FEE SCHEDULE LABORATORY: FEES: 1. Atterberg Limits Including Plasticity Index (ASTM D4318) $65.00/each 2. Hydraulic Conductivity(ASTM D5084) $250.00/each 3. Percent Finer Than #200 Sieve (ASTM C117) $40.00/each 4. Unconfined Compression Tests (ASTM D2166) $75.00/each 5. Extrusion of Thinwall Tube Samples $10.001each 6. Clay Sample Preparation $100.00/each 7. Pond Liner Construction Certification Report/Letter $500.00/each 8. Compression Test of 6" x 12" Concrete Cylinders a. Cast by RVT $16.001each b. Cast by Others $25.00/each 9. Handling of Backup Cylinders $12.00/each 10. Compressive Strength of 2" Mortar Cubes $15.50/cube 11. Bituminous Extraction & Mechanical Analysis of Aggregate (ASTM D2172, C136 & C117) $175.00/each EQUIPMENT: 12. Thinwall Tube $20.00/each REMARKS: This fee schedule has been developed specifically for the project noted in this proposal. This fee schedule has been developed specifically for the project noted in this proposal. Services not listed on this schedule will be quoted on request. The minimum invoice for services provided during any month is$50.00. An overtime rate of 1.5 times the standard rate will apply for services performed over 8 hours per day or outside of 7:00 am to 8:00 pm on Monday through Friday,or anytime on Saturday. Personnel rates are portal to portal. A premium rate of 2.0 times the standard rate will apply for services performed on Sundays and holidays. One day advance scheduling is requested for all field testing services; same day scheduling may be subject to additional charges. River Valley Testing Corp Neenah Green Bay anvvw,2!g2LRICm 920.886.1406 920.347.9040 RVMNV PROFESSIONAL PROFILE GEORGE E. BARKER, P.E. VICE PRESIDENT/PRINCIPAL ENGINEER EDilCATION' EXPERIENCE Q1JAL{TY:MANAGEMENT __SlrRV! GES, INC: B.S.C.E.,Michigan Technological Engineering consultation for Provide Commissigning Authority(CxA) University geotechnical explorations,construction services for LEER Fundamental and materials testing,and environmental Enhanced(Cx)commissioned REGISTRATION concerns. Below Is a partial list of construction, LEED+,and Total Building representative project experiences: Commissioning following ASHRAE and BCA Guidelines: Professional Engineer: • Testing and evaluation of Roller Compacted Concrete(RCC) Implement Commissioning Plan • Wisconsin placement for pavements. Follow Coordinate and verify O&M • Michigan up studies of cylinder strength vs. Manual content,plus coordinate Minnesota core strength. and implement owner training • Evaluation of concrete and asphalt program. CERTI.FICATIQN distress. Provide expert • Document functional performance testimony. testing of systems. Trouble- LEED AP(Commissioning Authority) shooting system and equipment Monitor production pile driving and issues. Soil Moisture/Density Operator—Troxler PDA work. Analyze test results Electronics Labs, Inc. and provide engineering AIRCRAFT FIRE FIGHTERS RESCUE recommendations on pile set and FACILITY,Austin-Straubel Airport, Radiation Safety Officer—Troxlor ultimate capacity. Green Bay,WI. Provided LEED Electronics Labs, Inc. Fundamental and Enhanced Cx • Monitor strain on concrete Wisconsin DOT Certified—HMA-IPT, buttresses during rehabilitation of Services. Cx of LEED systems, HMA-TPC, HMA-MD,AGG-TECH 1 a Northwest Wisconsin included HVAC,domestic hot water, Hydroelectric Plant. emergency power,occupancy and life PROFESSIONAL gGTIVjTIES safety sensors,and building controls. Evaluate subsurface soils prior to, during,and on completion of NORTH STAR CASINO, Bowler,WI. Building Commissioning Association vibroflotation to determine the Commissioning of all systems(except (BCA): Member of External Relations effectiveness of this unique security);included HVAC,emergency Committee process. power, FM200,fire alarm,electrical, Wisconsin Healthcare Engineering 0 Conduct vibration monitoring and domestic hot water. Special systems Association(WHEA) analysis during rock blasting and commissioned include underfloor supply pile driving operations. air plenum and Lutron lighting system. Wisconsin Green Building Alliance (WGBA): Member Cost-Payback . Evaluate condition of concrete in NEUROSCIENCES CENTER,Neenah, Committee structures exposed to fire and WI, Quality management activities to lightning. eliminate punchlists and rework. Wisconsin Society of Professional Engineers(WSPE) REPRESENTATIVE PROJECTS: 911 COMMUNICATIONS CENTER, Brown County,WI. Commissioning of National Society of Professional The following is a partial list of projects LEED systems,included HVAC, Engineers(NSPE) requiring application of diverse field, emergency power, electrical,domestic laboratory,and engineering analyses. hot water,fire alarm and more. American Society of Civil Engineers (ASCE) PERFORMING ARTS CENTER, TWIi�CITY TESTING,CORP. Appleton,WI. Provided subgrade American Society of Testing and observations,soil and concrete testing, WISSOTA HYDRO REHABILITATION, Materials(ASTM): Member of tie-back anchor pull out testing. Committee D04 Chippewa Falls,WI. Involvement MINERGY VITRIFICATION PLANT, included geotechnical explorations, Menasha,WI. Provided geotechnical condition survey and testing of existing exploration,dynamic pile driving concrete quality,construction materials analysis, pile installation inspection,soil testing,and monitoring concrete strain and concrete testing. during rehabilitation. RV9.r PROFESSIONAL PROFILE Joelle N. Lee, EJ.F. CONSTRUCTION SERVICES MANAGER EDl33-'ATlON + Soil moisture/density testing by N&M TRANSFER DETENTION nuclear density gauge method. POND, Neenah,Wisconsin. Performed pond liner inspection. B.S.C.E., University of Wisconsin- . Asphalt services, including Platteville QMP nuclear density, NOE ROAD POND, Calumet and bituminous extractions and Outagamie County,Wisconsin. CER gradations,gradations, and other WDOT Performed pond liner inspection. QA/QC Testing. Soil Moisture/Density Operator— + Determine laboratory density BLUEMOUND PONDS, Town of Troxler Electronics Labs, Inc. by standard and modified Grand Chute,Wisconsin. Performed Wisconsin DOT Certified Nuclear proctor procedures. pond liner inspection. Density Gauge Operator—Level 1 + Conduct floor flatness and USH 101441 INTERCHANGE, Wisconsin DOT Certified Hot Mix- floor levelness using FACE Neenah,Wisconsin. Performed Asphalt Technician--Level 12014 dipstick floor profile machine. pond liner inspection, density ACT testing of pond liner material, plastic + Asphalt services, including concrete testing, and density testing Wisconsin DOT Certified Grading bituminous extractions and of MSE Wall backfill. Technician - Level 12014 ACT gradations, and other WDOT QA/QC Testing. ACUITY SOUTH PARKING RAMP, Wisconsin DOT Certified Aggregate Evaluate concrete distress b Sheboygan,WI. Performed plastic y concrete tasting, density testing of Technician-Level I ACT use of Windsor probes, soil, and post tensioning chipping hammer and rebound observations. Wisconsin DOT Certified Portland hammer. Cement Concrete Technician-- LAND O' LAKES VMR BUILDING, Level I Representative projects that require Kiel,Wl. . Performed subgrade a working knowledge of field, observations, density tests of soil, EXPERIENCE laboratory and engineering services plastic concrete tests, and pond include: liner inspections. Coordinate and review construction RIVi=R VALLEY TESTING CORP. materials testing services performed in Neenah,Wisconsin office, LOVES TRUCK STOP, Fond du Administrate and monitor Lac,WI. Performed subgrade construction materials field observations, proof-rolling staff. observations, density tests of soil, plastic concrete tests, and erosion Document and evaluate control system inspections structural stability of soils for pavement systems, isolated STH 32 RECONSTRUCTION, foundations and continuous Green Leaf,Wisconsin. Performed footings. QC asphalt testing. Determine bearing capacity of STH 187 RECONSTRUCTION, native soils and proof rolling. Outagamie County,Wisconsin. + Pond liner subgrade Performed QC asphalt testing. inspection. STM 114 RECONSTRUCTION, Concrete testing, including Calumet County,Wisconsin. slump, air content, yield tests, Performed QC asphalt testing. and casting cylinders. RV9Nr TECHNICAL PROFILE MARK J. WISNESKI, C-E.T. ENGINEERING TECHNICIAN .CERTI.FICAT ION Crack monitoring CWA ADDITIONS, Mosinee, WI. Floor flatness Performed grout testing, concrete Associates Degree, NWTC, testing, density testing of soils and Green Bay,WI-Civil Engineering The following is a partial list of subgrade observation. Technology projects requiring application of diverse field and laboratory testing: MONTELLO DAM, Monteilo, Wisconsin DOT-Asphalt Wisconsin. Performed density Technician-Level I testing of soils, concrete testing and RIVER VALLEY TESTING CORP. subgrade observations. Wisconsin DOT Certified Portland Cement Concrete Technician— FESTIVAL FOODS, Neenah, NORTH LAKE STREET Level I Wisconsin. Performed plastic RECONSTRUCTION, Town of concrete testing, density testing of Menasha,Wisconsin. Performed Wisconsin DOT Certified Aggregate soils, lean mix concrete testing, Quality Management program for Technician—Level I grout testing, and subgrade WDOT Concrete Structures. observations. Wisconsin DOT Certified Concrete FVTC CULINARY ARTS THEATER Strength Tester TWIN RIDGES WIND FARM, ADDITION,Appleton, Wisconsin. Somerset County, Pennsylvania. Performed concrete testing, density EXPERIENCE Performed concrete testing and testing of soil, and subgrade compressive strength testing. observations. Conduct field and laboratory testing OSHKOSH-USH 10; CTM G-CTH Il, CITY OF OSHKOSH, Oshkosh, for construction projects in Central, Winnebago County, Wisconsin. Wisconsin. Performed density Southern, and Northern Wisconsin. Performed Quality Management testing of soils. A representative list of these program for WDOT Concrete experiences is compiled below: Structures. OSHKOSH UNDERGOUND • Determine bearing capacity ofRETENTION BASE, Oshkosh, KWIK TRIP STORE#486, Fond du Wisconsin. Performed pre-and native soils and proof rolling. Lac, Wisconsin. Performed post test construction surveys. concrete testing, density testing of • Pond liner subgrade soils, and subgrade observations. BEMIS, Neenah, Wisconsin. inspection. Performed concrete testing, density LAKESIDE PACKAGING, Oshkosh, testing of soils and subgrade • Concrete testing, including Wisconsin. Performed density observations. slump, air content, yield tests testing of soils and subgrade and casting cylinders. observations. MENARDS, Iron Ridge,Wisconsin. Performed concrete testing, density Soil moisture/density testing by US 41 CORRIDOR SIGN BASES, of soils testing, and proof rolling. nuclear gauge method. Outagamie County, Wisconsin. Performed WDOT concrete testing. FVTC PUBLIC SAFETY,Appleton, Determine laboratory density Wisconsin. Performed concrete by standard and modified OLDE ONEIDA STREET, FOX testing, density testing of soils, and proctor procedures. RIVER BRIDGE, Outagamie subgrade observations. County,Wisconsin. Performed Mechanical analysis of soils Quality Management program for OUTAGAMIE CITY AIRPORT, and concrete aggregate. WDOT Concrete Structures. Grand Chute,Wisconsin. Performed concrete testing, coring, P200,Atterberg Limits, MILLS FLEET FARM PARKING, and Quality Management program moisture content, and Oshkosh,Wisconsin. Performed for pavement. hydraulic conductivity of soils. density testing on asphalt, cores testing and asphalt core testing. RV9.r TECHNICAL PROFILE CURTIS CANNON, C.E.T. ENGINEERING TECHNICIAN . :CERTIFICATION EXPERIENCE:: RIVER VALLEY TESTING CORP..' Soil Moisture/Density Operator— Conduct field and laboratory testing The following is a partial list of RVT Nuclear Gauge Operation for construction projects in Central, projects requiring application of Program Southern and Northern Wisconsin. diverse field and laboratory testing: A representative list of these Associates Degree, NWTC, experiences is compiled below: ACUITY INSURANCE, Sheboygan, Green Bay,WI-Civil Engineering Wisconsin. Performed concrete Technology • Coordination of technician testing, anchor pull out testing, activities. density testing of soil, floor flatness, WisDOT Certified Portland Cement fireproofing and subgrade Concrete Technician—Level IIIA . Determine bearing capacity of observations. native soils. WisDOT Certified Aggregate WERNER ELECTRIC FACILITY, Testing Technician -Level 1 . Cast concrete beams to Greenville,Wl. Performed concrete determine flexural strength. testing, density testing of soils, WisDOT Certified Asphalt verified soil bearing capacity, epoxy Technician—Level 1PT . Water vapor transmission grout testing, and construction WisDOT Certified PCC Strength testing of concrete floors. monitoring. Tester . Asphalt services, including USM 101STM 441, Menasha, nuclear density, bituminous Outagamie County,Wisconsin. WIsDOT Certified Nuclear Density extractions and gradations. Performed Quality Management Gauge Operator—Level I program for WDOT Concrete • Concrete testing, including Structures. slump,air content, yield tests FESTIVAL FOODS, Menasha, and casting cylinders. Wisconsin. Performed plastic Soil moisture/density testing by concrete testing, density testing of nuclear gauge method. soils, lean mix concrete testing, grout testing, and subgrade • Determine laboratory density observations. by standard and modified BANTA BOWL_REDEVELOPMENT, proctor procedures. Appleton,Wisconsin. Performed • Mechanical analysis of soils density testing on soil, and concrete and concrete aggregate. core testing. • Laboratory analysis of clay LAND OTAKES EXPANSION, quality to document NR 500 Kiel,Wisconsin. Performed density characteristics testing of soils, concrete testing and subgrade observations. • Floor Flatness Testing DAVITA DIALYSIS, Berlin,Wisconsin. Performed • Fireproofing concrete testing, density testing of soils, and subgrade observations. Gulbronson, Peter P. From: George Barker <gbarker@rvtcorp.com> Sent: Tuesday, March 15, 2016 12:03 PM To: Gulbronson, Peter P. Subject: Proposal - 2016 Capital Improvement Program Mr. Gulbronson This email is to address your question about the "Conditions" noted on Page 7 of our March 10, 2016 proposal for testing services on this year's capital improvement projects. Our reference to RVT's General Conditions is an error. RVT will abide by the City of Oshkosh's Terms and Conditions(General Conditions) set forth throughout the sample Agreement(Blank Current Agreement Form) included wlth the Request for Proposals documents. We have no exceptions to that agreement. We apologize for the confusion this may have caused and look forward to the next step of the selection process. Have a safe day. George E Barker, PE, LEED AP Vice President River Valley Testing Corp (p) 920-886-1406 (m) 920-858-4328 Integrated Construction Quality Assurance RIVEVAL-02 CSCHUMACHER ,�► oEzv` CERTIFICATE OF LIABILITY INSURANCE DATE(101201YY" 313012016 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 pollcy(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 NAMEAOT Mary Jo Nowak,AU,CIC,ARM, RPLU Johnson Insurance Madison PHONE 608 203-3880 we No: (877)254-8586 525 Junction Road – —- Arc IL Ext: ) Madison,WI 53717 E-MAIL info@johnsonins.com RECEIVED INSURER($)AFFORDING COVERAGE NAIC N INSURERA:CNA Insurance 18313 INSURED MAR 3 0 Z016 INSURER B River Valley Testing Corp, INSURER C I Alex Barker DEPT OF PUBLIC WORKS INSURERD: 1060 Breezewood Lane,Ste.1�2SHKOSH, WISCONSIN Neenah,WI 54956 INSURER E: INSURER F.- COVERAGES :COVERAGES CERTIFICATE NUMBER; REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE 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 TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I D SR POLICY EFF POLICY EXP LIhSITS LTR TYPE OF INSURANCE INSD 1'ND POLICY NUMBER &IrAfDD MWDD COMMERCIAL GENERAL LIABILITY EACHOCCURRENCE $ D TE D CLAIMS-MADE 0 OCCUR PREMISES Eaaxvrrence $ MED EXP(Anyone person) $ PERSONAL 8,ADV INJURY S GErrLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑JEPRC7 O- 1-1LOCPRODUCTS-COMPIOP AGG $ OTHER AUTOMOBILE LIABILITY Ea a�B $ SINGLE LIMIT ent $ BODILY INJURY(Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIA13 OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER $ WORKERS COMPENSATION STATUTE E01 AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑ NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EM PLOYEE $ If yes,descnbeunder E.L,DISEASE-POUGYLIMIT S DESCRIPTION OF OPERATIONS bekry A Professional Liab MCH114051876 03/01/2016 03/01/2017 Per Claim 2,000,000 A Professional Liab MCH114051875 03101/2016 03/01/2017 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may de attached If more space Is required) Environmental Professional Liability&Contractor's Pollution Incident Liability Included CERTIFICATE HOLDER CANCELLATION 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 Ave PO Box 1130 Oshkosh,WI 54903-1130 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marks of ACORD � ® DATCERTIFICATE OF LIABILITY INSURANCE 25/20fMfE76lYY- E ,4C�Rafl 3/25/2016 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). CONTACT PRODUCER NAWAEt Shannon Epps, Q1 Ansay&Associates, LLC. FV PHONE �c No:92 -560- 0 9 E-MAIL4351 W College Ave rvc o E r 920- 60-7 00 Suite 310 t�EC jVED ADDRESs:Sh D a c Appleton WI 54914 INSURER S AFFORDING COVERAGE NAIc 9 { INSURERA: INSUREDRIV E VAI#i INSURER B River Valley Testing Corp Lic�VQiZ1� INSURERC: �06e0 naB� �eao9�d6 lane Ste 102 p�VT ok P� CC) - INSURERD: INSURERE; INSURER F COVERAGES CERTIFICATE NUMBER:1840569471 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 !FD_DL SUER POLICY EFF POLICY E" LIMITS LTR TYPE OF INSURANCE NSR %WD POLICYNUMBER rAl.{fDD1Y 1,1NIMI) - A GVNERALLIAB14ITY CPP2065965 2116/2016 211612017 . EACH OCCURRENCE $1,000,000 DA. GET RENTED COMMERCIAL GENERAL LIABILITY PREMNSES Ea occurrence 5500,ODO CLAIhIS-1,AADE ILI OCCUR MED EXP(Any"a person) $10,000 PERSONAL&ADV INJURY51,000,000 GENERAL AGGREGATE 52,000,000 GEN'LAGGREGATELIMITAPPUESPER: PRODUCTS-COPAPlOPAGG $2,000,000 $ POUCY x PRO LOC A AUTOMOBILE LIABILITY CA 2065966 2116!2016 2116!2017 Ea accident $1,D00,000 BODILY INJURY(Per parson) $ ANY AUTO ALI.OW14ED SCHEDULED BODILY INJURY(Peraccldent) $ AUTOS AUT O S PROPERTY DAMAGE $ NON-01A'ED per accident X HIRED AUTOS X AUTOS $ A X Uh1BRELLA LIAR =OCCUR CUP2065968 2!1612036 211612017 EACH OCCURRENCE $5,000,040 EXCESS LIAR AGGREGATE $5,000,000 DED X RETENTIONSO $ A WORKERS COMPENSATION WCP2065967 211612016 2/1612017 X H C ST 6 IU- OTH- AND EMPLOYERS'LIABILITY Y f N ANY PROPRIETOWPARTNERfEKECUTIVE E:.L.EACH ACCIDENT $104,000 OFFICEMEMBERDXCLUDFD7 [N11 E.1_DISEASE-EA EMPLOYEE $100,000 (Mandatory In NH) _ If Yes,desObounder E.L.DISEASE-POLICY LIIdIT $500,000 DESCRIPTION OF OPFRATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEOCLES (Attach ACORD 161,Additional Remarks Schedule,if more space is required) City of Oshkosh,its officers,council members,agents,employees&authorized volunteers are listed as additional insured on a primary and non-contributory basis when required by written contract to the general liability per attached form CG19 and to the auto liability per attached form CA60. 30 Day Notice of Cancellation applies, except for 10 days notice for non-pay. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Oshkosh,Attn:City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh W154903-1130 USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010106) The ACORD name and logo are registered(narks of ACORD Endorsement CA 60 policy Number: CA2065966 Business Arno Optimum THIS ENDORSEMENT CHANGES THE POLICY. (i) While using a covered "auto"you do PLEASE READ IT CAREFULLY. not own, hire or borrow; or With respect to the coverage provided by this (ii) While operating an "auto"hired or endorsement,the provisions of the Business Auto rented without a driver under contract Coverage Form apply unless modified by the or agreement in that"employee's" endorsement. name,with your permission,while SECTION II-LIABILITY COVERAGE performing duties related to the - conduct of your business. A. Broad Farm Insured f. Blanket Additional Insureds Paragraph A.1.,Who Is An Insured,is Any person or organization whom you are amended to include as an insured: required in a written contract or agreement d. Any legally incorporated entity of which to include as an additional"insured"with you own more than 50 percent of the voting respect to your ownership,maintenance or stock during the period for which this use of a covered"auto".This provision only endorsement is effective,if there is no applies to written contracts or agreements similar insurance available to that that are signed prior to any"bodily injury" organization.Hojvever: or"property damage"to ivhich coverage (1)The Named Insured does not include applies. any organization: Coverage under this provision (f.)shall be (i) that is a partnership or joint venture; primary and non-contributory with respect to the person or organization included as or an "insured"under this provision(f.),but (ii) that is an insured under any other only if the written contract or agreement policy, or has exhausted its Limit of requires coverage to be primary and Insurance under any other policy. non-contributory. Paragraph d.(1)(i) above does not apply to a B. Increased Supplementary Payments policy written to apply specifically in excess paragraphs 2.a.(2)and(4)Supplementary of this policy. Payments are replaced by the following: (2)Coverage for newly acquired or formed (2)Up to$5,000 for the cost of bail bonds organizations is afforded only for 180 (including;bonds for related traffic law days from the date of acquisition or violations) required because of an formation. "accident" we cover. We do not have to (3)Coverage does not apply to"bodily furnish these bonds. injury"or"property damage"that results (4)All reasonable expenses incurred by the from an "accident"that occurred before "insured"at our request, including actual you formed or acquired that organization. loss of earning up to$500 a day because of e. Employees As Insureds-Non-ownership time off from work. Any employee of yours is an "insured": Contains copyrighted material of ISO Properties,Inc.,used with permission EKK104(07--2013) continued... Endorsement A Policy Number: CA 2065966 Business Auto Optimum C. Amended Fellow Employee Exclusion e. Subject to a maximum limit of$500 per Exclusion 5., under Paragraph B.,Exclusio "accident", we will also cover loss of use of Exclusions, the Fired"auto" if it results from an of SECTION II-LIABILITY,does not apply if "accident",you are legally liable for,and the the"bodily injury"results from the use of a lessor incurs an actual financial loss. covered"auto"you own or hire. The insurance provided under this provision is b. Air Bag Coverage excess over any other collectible insurance, We will pay up to a maximurn of$1,000 per SECTION III-PHYSICAL DAMAGE occurrence to have air bags in your covered COVERAGE "auto" replaced for an incurred "loss" resulting from accidental deployment. Collision, The following coverages are added to Paragraph Specified Causes of Loss,and Comprehensive A. Coverage,of the PHYSICAL DAMAGE deductibles do not apply to this coverage. COVERAGE: 7. Additional Living Expense 5. Hired Auto Physical Damage Coverage We will pay up to$25 a day,to a maximum of If hired "autos"are covered "autos"for $400 for additional living expenses,meaning Liability Coverage,and if Comprehensive, food,lodging and telephone costs, incurred by Specified Causes of Loss,or Collision coverage you due to a covered "loss"caused by: are provided under the Business Auto a, Comprehensive onlyif the Declarations Coverage Form for any"auto"you own,then indicate that Comprhensive Coverage is the Physical Damage coverages provided are provided for that"auto", extended to"autos"you hire,subject to the following: b. Specified Causes of Loss only if the Declarations indicate that Specified Causes a. The most we will pay for"loss"to any hired of Loss Coverage is provided for that auto. "auto"is the lesser of: ' c. Collision only if the Declarations indicate (7)$75000that Collision Coverage is provided for that (2)Actual Cash Value; or auto. (3)Cost of Repair. This coverage applies only in the event that b. For each hired "auto",our obligation to pay the"loss": for"loss"will be reduced by the deductible. The deductible will be equal to the largest a. Disables a covered "auto", and deductible applicable to any owned"auto" I,, Occurs more than 100 miles from the for that coverage. No deductible applies to insured address shown in the Declarations "loss"caused by fire or lightning. or the garaging address of your covered c. The insurance provided under this "auto",if it is different from the insured coverage extension is «««rover any address. other collectible insurance. We will pay the additional living expenses d. Subject to the above limit,deductible and incurred until your covered"auto"is returned excess provisions,we will provide coverage to use or we pay for its"loss". equal to the broadest coverage applicable to any covered"auto"you own. BKKI04(07-2013) page 2 Endorsement CA 60 Policy Number: CA 2065966 Business Auto Optimum 8. Locked Vehicle Coverage 10. Loan Lease Gap Coverage We will pay to have your covered "auto" In the event of a total "loss"to a covered "auto" unlocked if your vehicle's keys are locked shown in the Schedule or Declarations we will inside your covered"auto'. Collision,Specified pay any unpaid amount due on the lease or Causes of Loss, and Comprehensive loan for a covered"auto", less: deductibles do not apply to this coverage. a. The amount paid under the Physical 9. Rental Reimbursement Coverage Damage Coverage Section of the policy; and The following coverage is added to Section III b. Any. Physical Damage A. Coverage: (1)Overdue lease/loan payments at the a. This coverage applies only to a covered time of the"loss"; "auto"described in the policy. (2)Financial penalties imposed under a b. We will pay for rental reimbursement lease for excessive use,abnormal wear expenses incurred by you for the rental of and tear or high mileage; an "auto"because of"loss"to a covered (3)Security deposits not returned by the "auto". Payment applies in addition to the lessor; otherwise applicable amount of each coverage you have on a covered "auto".No (4)Costs for extended��Tarranties,Credit deductible applies to this coverage. Life Insurance,Health,Accident or Disability Insurance purchased with the c. We will pay only for those expenses loan or lease; and incurred during the policy period beginning24 hours after the"loss"and (5)Carry-over balances from previous loans ending,regardless of the policy's or leases. expiration, at a maximum of 30 days. The following changes have been made to d. Our payment is limited to the lesser of the SECTION III-PHYSICAL DAMAGE following amounts: COVERAGE: (1)Necessary and actual expenses incurred. A. Towing and Labor (Z)A maximum payment of$60 per.day. Paragraph A.2.Towing under SECTION III- PHYSICAL DAMAGE COVERAGE,i5 e. This coverage does not apply while there deleted and replaced by the following: are spare or reserve"autos" available to you for your operations. 2. Towing and Labor f. If "loss" results from the total theft of a We will pay towing and labor costs covered "auto" of the private passenger incurred up to the limits shown below,each type,we will pay under this coverage only time a covered"auto"classified and rated as that amount of your rental reimbursement a private passenger type, "light truck"or expenses which is not already provided for "medium truck"is disabled: under the PHYSICAL DAMAGE COVERAGE Coverage Extension. BKK104(07-2013) page 3 Endorsement CA 6t} Policy Number: CA 2065966 Business Auto Optimum a. For private passenger type vehicles or B. Waiver Of Transfer Of Rights Of Recovery "light trucks"we will pay to up$75 per Against Others To Us-Automatic Status disablement. "Light trucks"are trucks Under An Insured Contract that have a gross vehicle weight(GVW) paragraph A.5.Transfer Of Rights Of of 10,000 pounds or less. Recovery Against Others To Us is amended b. For"medium trucks"we will pay up to by the addition of the following paragraphs: $175 per disablement. "Medium trucks" a. We waive any right of recovery we may are trucks that have a gross vehicle have against any person or organization weight (GVW) of 10,001-20,000 pounds. described in Paragraph b.below because of However,the labor must be performed at payments we make for"bodily injury"or the place of disablement. "property damage"caused by an "accident" and resulting from the ownership,Physical Damage Increased Transportation maintenance,or use of a covered"auto"in Expense Coverage performance of work being performed Coverage for temporary transportation under a contract with that person or expense under Paragraph AA.a.Coverage organization. Extension is increased to$50 per day,up to a b. The waiver applies only to a person or maximum limit of$1,000. organization with whom you have a C. Glass Repair-Waiver of Deductible written contract or agreement in which you are required to waive the rights of recovery The following is added to Paragraph D. under this policy,but only tothe extent that Deductible of SECTION III-PHYSICAL subrogation is waived prior to the DAMAGE COVERAGE: "accident"or the"loss" under a contract No deductible applies to glass damage if the with that person or organization. glass is repaired rather than replaced. SECTION IV-BUSINESS AUTO CONDITIONS A. Unintentional Failure to Disclose Hazards Paragraph B.,General Conditions,is amended by adding the following: 9. Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose.any hazards or exposures existing as of the inception date of the Business Auto Coverage Form,the coverage afforded by this policy will not be prejudiced.However, you must report the undisclosed hazard or exposure as soon as practicable after its discovery,and we have the right to collect additional premium for same. BKK104(07-2013) page 4 indorsement CG i9 Policy Number: CPP 2065965 Optimum General Liability indorsement This Endorsement Changes the Policy. Please Read Paragraphs (1), (3) and (4) of this it Carefully. eXCIUsion do not apply to"property damage"(other than damage by fire, This endorsement modifies insurance provided lightning,explosion,smoke,or leakage under from automatic fire protection systems) COMMERCIAL GENERAL LIABILITY to premises, including the contents of COVERAGE FORM such premises, rented to you for a period of 7 or fewer consecutive days. A I. Non-Owned Watercraft separate limit of insurance applies to A. Exclusion g. item(2) of SECTION I- Damage To Premises Rented To You as COVERAGE A is replaced with the Described in SECTION III-LIMITS OF following: INSURANCE. (2)A watercraft you do not own that is: 2. The last paragraph of Z.Exclusions is (a)Less than 51 feet long; and replaced by the following: Exclusions c.through n.do not apply to (b)Not being;used to carry persons or damage by fire, lightning,explosion, property for a charge. smoke,or ieakagre from automatic II. Property Damage to Borrowed Equipment protection systems to premises while rented to you or temporarily occupied A. Exclusion j. item(4) of SECTION I - by you with the permission of the COVERAGE A does not apply to"property owner. A separate limit of insurance damage"to borrowed equipment while that applies to Damage To Premises Rented equipment is: To you as described in SECTION III- 1. Not being;used to perform operations; LIMITS OF INSURANCE• and B. SECTION III-LIMITS OF INSURANCE, 2. Away from an insured's premises. 6.,is replaced by the following: B. The most we will pay for"property damage" 6. Subject to 5. above,the Damage To to any one borrowed equipment item under Premises Rented To You Limit is the this coverage is$111,000 per"occurrence". most we will pay under Coverage A for clamag;es because of"property damage" C. The insurance afforded by this provision II, to any one premises while rented to you, is excess over any valid and collectible or in the case of damage by tire, property insurance available to the insured, explosion,lightning,smoke,or leakage III.Increased Damage To Premises Rented To You from automatic protection systems, while rented to you or temporarily A. Under SECTION I- COVERAGES, occupied by you with the permission of COVERAGE A BODILY INJURY AND the owner.The limit is the greater of: PROPERTY DAMAGE LIABILITY,2. Exclusions is amended as follows: a. $300,000; or 1. The fourth from the last paragraph of b. The amount shown in the exclusion j.Damage To Property is Declarations for Damage To Premises replaced by the following: Rented To You Limit. AKK228(6-2+011) continued... Endorsement Policy plumber: CPP 2065965 Optimum General Liability Endorsement C. The word"tire" is changed to"tire, VI. Property Of Others In The Care,Custody or lightning explosion,smoke,or leakage Control Of The Insured from auto[natic Eire protection systems" Subject to the provisions of the wherever it appears in: COMMERCIAL GENERAL LIABILITY 1. Condition 41). (1)(b) of SECTION IV- COVERAGE FORM, except as modified COMMERCIAL GENERAL LIABILITY below, we will pay under SECTION CONDITIONS; and 1-COVERAGES, COVERAGE A: 2. SECTION V-DEFINITIONS, 9a. "Loss" to real or personal property belonging to others,including;all resulting;loss of use of IV. Supplementary Payments Increased Limits that property, while an insured is exercising; Under SUPPLEMENTARY PAYMENTS physical control over that property for tile -COVERAGES A AND B of SECTION 1; purpose of alteration or repair, construction, [maintenance,servicing, or cleaning;, and such A. Item I.U.is replaced[ with the following: "lush" arises out of the business operations to 2. Up to$2,5011 for cost of bail bonds which the COMMERCIAL GENERAL required beca'use of accident`or traffic LIABILITY COVERAGE FORM of this policy lawv violations arising;out of the use of applies• any vehicle to which the Bodily Injury A. The following;is added to SECTION Liability Coverage applies. We do not I-COVERAGES, COVERAGE A BODILY have to furnish these bonds. INrURY AND PROPERTY DAMAGE B. Item 1.d, is replaced with the following;: LIABILITY,2.Exclusions: d. All reasonable expenses incurred by the This insurance does not apply to"losti' to insured at our request to assist us in the property: investigation or.defense of the claim or L Held by the insured for sale or entrusted "suit", including;actual loss of earnings to the insured for storages or safekeeping;. up to$500 a day because of time off 2. from work. Owned or occupied by, rented or leased to,or loaned to any insured. V. Newly Formed or Acquired Organizations 3. Included in the"prod ucts-ca[mpleted A. Item 4.a. of SECTION i1-WHO IS AN operations hazard". INSURED is replaced with the following: a. Cczvera�e under this provision is 4. Arising;froth errors or [mistakes in 1, p design, plans or specifications afforded only until the 180th day after committed by or on behalf of the you acquire or form the organization or insured. the end of the policy period,whichever is earlier. B. Limit Of Insurance B. The following provision is added under item The most we will pay for"loss", including; 4. of SECTION II-WHO IS AN INSURED: all resulting;loss of use of that property,as Coverage A does not apply to"damage to a result of any one"occurrence"is$25,000. your products" that occurred before you acquired or formed the organization. AKK228(6-2011) pago 2 Endorsement G Poliey Dumber, CPP 2065965 optimum General Liability Endorsement C. Deductible 2. Emergency Medical Technicians; or 1. We are not obligated to pay any"loss" 3. Paramedics until such "loss" exceeds$250.110. We will in the jurisdiction where an "occurrence" or then pay the amount of"loss" in excess offense tO which this insurance applies takes of the Deductible, up to the applicable place,This coverage does not apply if you are Limit Of Insurance. This Deductible in the business or occupation of providing any amount applies to all"toss" to real or such professional services. personal property belonging to others as the result of any one"occurrence". VIII.or Permit Insureds By Contract,Agreement or Permit 2. We may pay any part or all of the Deductible amount to effect settlement of A. SECTION II-'4NHO IS AN INSURED is any claire or"suit" and, upon notification amended to include as an additional of the action taken,you shall promptly insured any person or organization for reimburse us for such part of the Deduct- whore you are performing;operations when ible arnijunt as has been paid by us. you and such person or organization have agreed in writing;in a contract or 3. The terms of this insurance, including; agreement that such person or organization those with respect to: be added as an additional insured on your a. Our right and duty to defend any policy. Such person or organization is an "suits"seeking;those damages;and additional insured Only with respect to liability for"bodily injury", „property U. Your duties in the event of an damage".or"Personal and advertising; „occurrence",claim or"suit"apply injury" caused in whole or in part,by: irrespective of the application of the Deductible amount. 1. Your acts or Omissions; or D.Excess Insurance 2. The acts Or ornissions of these acting;on This insurance is excess Over any other your behalf; collectible insurance available to the insured. in the performance Of your ongoing operations for the additional insured. E. Additional Definition A person's Or organization's status as an The following is added to SECTION additional insured under this endorsement V-DEFINITIONS: ends when your operations for that "Loss" means any unintentional damage or additional insured are completed. destruction but Moes not include B. With respect to the insurance afforded to disappearance or abstraction. these additional insureds, the following VII.Incidenial Malpractice additional exclusions apply Paragraph 2.a.(1)(d) of SECTION II-WHO IS 1. Unless the written contract,agreement AN INSURED, does not apply to your or permit has been issued prior to the employees who provide professional health "bodily injury","property darnag e", or care seLvices on your behalf as duly licensed: "personal and advertising;injury". 1. Nurses; AKK228(6-2011) Pogo 3 Endorsement CG 19 Policy Dumber: CPP 2065965 Optimum General Liability indorsement 2. To any person or organization included b. Supervisory, inspection,architectural as additional insured by an endorsement or engineering activities. issued by us and made a part of this 6. To any: Coverage Form. a. Owners or other interests from whom 3. To"bodily injury"or"property damage" land has been leased. occurring after: IX. Additional Insured- Grantor Of Franchise a. All work,including materials,parts or When Required in Written Agreement With equipment furnished in connection You %vith such work,on the project(other than service, maintenance or repairs) A. SECTION II-WHO IS AN INSURED is to be performed by or on behalf of the amended to include as an insured when additional insured(s) at the location required within a written franchise of the covered operations has been ag;reernent any person(syor organization(s) completed; or who have granted a franchise to you,but only with respect to their liability as grantor b. That portion of"your Work" out of of a franchise to you. which the injury or damage arises has been put to its intended use by any B. With respect to prevision IX.,insurance person or organization other than afforded to these additional Insureds dues another contractor or subcontractor not apply unless the written franchise engaged in performing operations agreement has been executed prior to the for a principal as a part of the same "bodily injury","property darnagge",or project "personal and advertising;injury". 4. To any lessor of equipment: X. Additional Insured- Managers or Lessors of Premises When►Required in Written Lease a. After the equipment lease expires, or Agreement With You - b, if the"bodily injury","property A. SECTION II-WHO IS AN INSURED is damage", or"personal and amended to include as an insured when advertising;injury" arises out of the required within a written lease agreement sole negligence of the lessor. any person or organization from wham yoU S. To"bodily injury", "property darnag*e" or have leased preinises,but only with respect "personal and advertising;injury" arising; to liability arising;out of the ownership, out of the rendering;of, or the failure to maintenance or use of thatpart of the render, any professional architectural, premises leased to you, subject to the engineering or surveying services, fallowing;additional exclusions: including,but not limited to: B. With respect to provision X., insurance a. The preparing;, approving;, or failing; afforded to these additional insureds does to approve, maps,shop drawings, not apply unless the written lease opinions, reports,surveys, field agreement has been executed prior to the orders,change orders or drawings "bodily injury", "property darnag;e", or and specifications; or personal and advertising;injury". AKK228(8-2011) Pogo 4 Endorsement G policy Number: app 2065965 optimum General Liability Endorsement C. This insurance does not apply to: C. With respect to provision XI.,insurance afforded to these additional insureds does 1. Any "occurrence" which takes place after not apply unless the written lease you cease to be a tenant in that premises; agreement has been executed prior to the or "bodily injury", "property damage",or "personal and advertising injury". 2. The"bodily injury" "property damage", or"personal and advertising injury"that XII. Blanket Primary and Noncontributory arises out of structural alterations,new A. SECTION IV-COMMERCIAL GENERAL construction or demolition operations LIABILITY CONDITIONS,4. Other performed by or on behalf of the Insurance is amended by the addition of manager or the lessor. the following: XI. Additional Insured- Lessor Of Leased c. primary and Noncontributory Equipment-Automatic Status When Required In Written Lease Agreement With You Insurance provided under this policy shall apply on a primary basis and shall A. SECTION II-WHO IS AN INSURED is not Seek contribution from any other amended to include as an additional insurance available to an additional insured any person or organization Froin insured added to this policy by- �vhom you lease equipment when you and provisions VIII., IX.,X., and XI., subject such person or organization have agreed in to the following conditions: writing in a contract or agreement that such person or organization be added as an 1. A written contract between the additional insured on your policy. Such Named Insured and the additional person or organization is an insured only insured requires this insurance to be with respect to liability for"bodily injury", primary and noncontributory to other "property damage",or"personal and insurance available to the additional advertising injury caused, in whole or in insures-[. part, by your maintenance,operation or use 2. primary and noncontributory of equipment leased to you by such person coverage for the additional insured or organization. A person's or under this provision XII.shall be organization's status as an additional provided subject to the same terms insured under this provision XI. ends when and conditions as the applicable their contract or agreement Nvith you for insured provisions VIII.,IX.,X.,and such leased equipment ends. XI. B. With respect to the insurance afforded to All other terns and conditions of this these additional insureds, this insurance policy remain unchanged, does not apply to any occurrence which takes place after the equipment lease expires. AKK228(8--2011) Pago 5 Endorsement CG 19 Policy Number: CPP 2065965 Optimum General Liability Endorsement XIII.Duties In The Event Of Qccurrence, Offense, We waive any right of recovery we may have Claim Or Suit-Redefined because of payments we make for injury or A. The requirement in condition 2. a. of damage arising;out of SECTION IV-COMMERCIAL GENERAL 1. Your ongoing;operations or"your work" LIABILITY CONDITIONS that you must done under a written contract with that see to it that we are notified of an person or organization and included in the "occurrence"only applies when the "products-completed operations hazard"; or "occurrence"or offense is known to: 2. The ownership,maintenance or use of that 1. You, if you are an individual; part of the premises leased to you. The waiver applies only to a person or 2. A partner, if you are a partnership; organization with whom you have a written contract or agreement in which you are 3. An officer of the corporation if you area required.to waive the rights of recovery under corporation; this policy, but only to the extent that 4. Your rnernbers and managers if you are a subrogation is waived prior to any injury or limited liability company; or damage under a contract with that person or organization. The insured must do nothing; 5. Your insurance manager. atter a loss to impair our rights. At our request, B. The requirement in condition 2.b. of the insured will bring;"suit" or transfer those SECTION IV- COMMERCIAL GENERAL rights to us and help us enforce those rights. LIABILITY CONDITIONS that you must XV, Mobile Equipment Redefined see to it that we receive written notice of a claim or"suit"as soon as practicable will item 12, f.,subparagraph (1) of SECTION V- not be considered breached unless the DEFINITIONS does not apply to breach occurs after such claim or"suit"is self-propelled vehicles of less than 1000 known to: pounds gross vehicle weight. 1. You,if you are an individual; XVI.Unintentional Failure To Disclose Hazards 2. A partner, if you are a partnership; Any unintentional error or omission in the description of, or failure to completely 3. An officer of the corporation, if you are a describe,any premises or operations intended corporation; to be covered by this Coverage Form will not 4. A member or manager, if you are a invalidate or affect coverage for those limited liability company; or premises or operations. However,you must report such error or omission to us as soon as 5. Your insurance manager. practicable after its discovery. XIV.Waiver Of Transfer Of Rights Of Recovery XVII.Liberalization Clause Against Others To Us When Required Within a Written Agreement Witlil'ou if we revise this Optimum General Liability Endorsement to provide more coverage SECTION IV-COMMERCIAL GENERAL without additional premium charge,your LIASILM CONDITIONS,8.Transfer Of policy will automatically provide the coverage Rights Of Recovery Against Others To Us is as of the day the revision is effective in your amended by the addition of the following: state. AKK228(6-2711) Pa9e 6 Endorsement CG �S Policy Number: CPP 2065965 Optimum General liability Endorsement XVIII,Medical Payrnents Increased Limits a. The actual cost of the keys; The Medical Expense Lit-nit shown in the b. Adjustment of locks to accept new Declarations is increased to$10,0110. keys; and XIX.Broad Forni Named Insured c. The cost of new locks, including the cost of their installation. SECTION 11-WHO IS AN INSURED is amended to include as an insured any B. The most we will pay For loss or dacnag*e organization or subsidiary thereof which is a resulting from any one "occurrence" under legally incorporated entity of which you own a this provision XX.is$1,51111. financial interest of more than 50 percent of C, A deductible of$100, applies to this the voting stock on the effective date of this coverage extension. endorsement. D.This coverages extension is subject to the This provision XIX.does not apply to injury or following. damage with respect to which an insured under this policy is also an insured under 1. Exclusions j. (3) and j.(M) of SECTION I another policy or would be an insured under COVERAGE A BODILY INJURY AND such policy but for its termination or upon PROPERTY DAMAGE LIABILITY do exhaustion of its limits of insurance. not apply to the loss of keys by an insured. XX.Lost Key Coverage 2,. Subparagraph 2.a. (2) of SECTION II- A. Coverage for"bodily injury"and"property WHO IS AN INSURED dors not apply damage"liability with respect to the to this additional insurance. insured's operations is extended as follows: 1. We will pay those sums that you become I.Electronic Data Liability legally obligated to pay as damages due A. The following paragraph is added to to loss of keys by an insured in the SECTION HI-LIMITS OF INSURANCE: course of your business.The keys must g, Subject to 5. above,the Loss of Electronic be leaned to the insured or in the care, Data Limit of$10,000 is the most we will custody or control of the insured. pay under COVERAGE A. for"property 2. The additional insurance provided by damage"because of all loss of"electronic this endorsement does not apply to: data"arising out of any one"occurrence". a. Misappropriation; B. The following definition is added to SECTION V-DEFINITIONS: b. Secretion; "Electronic data" means information, facts C. Conversion; or programs stored as or on, created or used d. Infidelity; or on,or transmitted to or from computer software(including systems and e. Any dishonest act on the part of the applications software),hard or floppy disks, insured. CD-ROAMS,tapes, drives,cells, data 3. The additional insurance provided by processing;devices or any other media this endorsement applies only to: which are used with electronically controlled equipment. AKK228(6-2011) Page 7 t Endorsement Policy Number: CPP 2065965 Optimum General Liability Endorsement C. For the purpose of this coverage provided by this provision XXI.,the definition of "Property Damage" in SECTION V- DEFINITIONS is replaced by the foltowing:. 17."Property Damage" means: a. Physical injury to tangible property, including;all resulting;loss of use of that property. All such Loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the tune of the"occurrence"that caused it;or c. Loss of"electronic data". Lass of "electronic data" rneans loss of, loss of use of, darnage to,corruption of, inability to access, or inability to properly manipulate such data, resulting from physical injury to tangible property. All such Loss of "electronic data" shall be deemed to occur at tike time of the"occurrence" that caused it. For the purposes of this insurance, `'electronic data" is not tangible property. 7'XII. Coverage For Intjury To Leased Workers A. Mth respect to the Employer's Liability exclusion (SECTION I)only,the definition of"employee" in SECTION V- DEFINITIONS is replaced by the following: Trnployee" does. not include a"leased worker"or"ternporary worker". Includes copyrighted material of Insurance Services Office, Inc., with its permission. AKK228(6-2011) pav�