HomeMy WebLinkAboutBates Soil & Water Testing 2017 CITY OF OSHKOSH
DEPARTMENT OF PUBLIC WORKS
215 CHURCH AVENUE,P.O.BOX 1130,OSHKOSH, WI 54903-1130
PHONE: (920)236-5065 FAX(920)236-5068
LETTER OF TRANSMITTAL
To: Brian Bates Date: January 19,2017
Bates Soil&Water Testing Services Subject: Executed Agreement for 2017
N1237 Country Crest Circle Wetland Determination and
Hortonville,WI 54944 Delineation Services
Please find: E Attached ❑ Under Separate Cover
❑ Copy of Letter ❑ Contracts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity Description
1 Executed agreement
These are being transmitted as indicated below:
❑ For Approval For Your Use ❑ As Requested ❑ For Review&Comment
Remarks:
Enclosed is the executed agreement for 2017 wetland determination and delineation services. A City
of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of
your invoices.
If you have any questions, please contact us.
John Ferris—Copy w/o encl.
City Clerk's-Original
cc: File—Original Signed:
Tracy
Taylor
I:\Engineering\2017CONTRACTS\Wetland DelinServ\Bates LOT-Executed Agreement_1-19-17.docx
AGREEMENT
This AGREEMENT, made on the day of r l r 201A by and
between the CITY OF OSHKOSH, party of the first part, hereinafter r 'erred to as CITY,
and BATES SOIL & WATER TESTING SERVICES, LLC, N1237 Country Crest Circle,
Hortonville, WI 54944, party of the second part, hereinafter referred to as the
CONSULTANT,
WITNESSETH:
That the CITY and the CONSULTANT, for the consideration hereinafter named,
enter into the following AGREEMENT for 2017 WETLAND DETERMINATION AND
DELINEATION SERVICES.
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The CONSULTANT shall assign the following
individual to manage the PROJECT described in this AGREEMENT:
Brian D. Bates, P.S.S.—Licensed Professional Soil Scientist
B. Changes in Project Manager. The CITY shall have the right to approve or
disapprove of any proposed change from the individual named above as Project Manager.
The CITY shall be provided with a resume or other information for any proposed substitute
and shall be given the opportunity to interview that person prior to any proposed change.
ARTICLE 1I. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the PROJECT described in
this AGREEMENT:
John Ferris,P.E.—Civil Engineering Supervisor
ARTICLE 11I. SCOPE OF WORK
The CONSULTANT shall provide wetland delineation services upon request. A
separate scope of work and budget will be developed for each Project Authorization. A
sample Project Authorization form is attached to this AGREEMENT.
IAEngineering\2017 CONTRACN\Wetland Delin Agreement\Bates Agreement 11-21-16.doex Page 1 of 6
CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect CONSULTANT's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT.
All reports, drawings, specifications, computer files, field data, notes, and other
documents and instruments prepared by the CONSULTANT as instruments of service shall
remain the property of the CITY.
ARTICLE IV. STANDARD OF CARE
The standard of care applicable to CONSULTANT's services will be the degree of
skill and diligence normally employed by professional consultants or consultants
performing the same or similar services at the time said services are performed.
CONSULTANT will re-perform any services not meeting this standard without additional
compensation.
ARTICLE V. RECORD DRAWINGS
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others. CONSULTANT is not responsible for any errors or
omissions in the information from others that the CONSULTANT reasonably relied upon
and that are incorporated into the record drawings.
ARTICLE VI. CITY RESPONSIBILITIES
The CITY shall furnish, at the CONSULTANT's request, such information as is
needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is
reasonably obtainable from City records.
To prevent any unreasonable delay in the CONSULTANT's work, the CITY will
examine all reports and other documents and will make any authorizations necessary to
proceed with work within a reasonable time period.
ARTICLE VII. TIME OF COMPLETION
The work to be performed under this AGREEMENT shall be commenced and the
work completed within the time limits as agreed upon in the CONSULTANT's individual
Project Authorization forms.
i
i
i
I:\Engineering\2017CONTRACTS\Wetland Delin Agreement\Bates Agreement_11-21-16.docx Page 2 of 6
I
I,
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 VIII. COMPONENT PARTS OF THE AGREEMENT
This AGREEMENT consists of the following component parts, all of which are as
fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto
attached:
1. This Instrument
2. Individual Project Authorization Form
In the event that any provision in any of the above component parts of this
AGREEMENT conflicts with any provision in any other of the component parts, the
provision in the component part first enumerated above shall govern over any other
component part which follows it numerically except as may be otherwise specifically
stated.
ARTICLE IX. PAYMENT
A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the
i
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:
i
i
• Not to Exceed Contract Amount of $30,000 (Thirty Thousand Dollars).
c Individual budgets for each project will be negotiated and specified on each
Project Authorization form.
i
I
I
I:\Engineering\2017 CONTRACTS\Wetland Delin Agreement\Bates Agreement_11-21-16.docx Page of 6
C
p
E
B. Method of Payment. The CONSULTANT shall submit itemized monthly
statements for services. All Project Authorization forms shall have a unique task code
assigned. All invoices shall clearly identify invoice amount per task code. The CITY shall
pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If
any statement amount is disputed, the CITY may withhold payment of such amount and
shall provide to CONSULTANT a statement as to the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set
forth in a written amendment to this AGREEMENT executed by both parties prior to
proceeding with the work covered under the subject amendment.
ARTICLE X. HOLD HARMLESS
The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims, and demands which may be to the proportionate extent
caused by or result from the intentional or negligent acts of the CONSULTANT, his/her
agents or assigns, his/her employees, or his/her subcontractors related however remotely to
the performance of this AGREEMENT or be caused or result from any violation of any law
or administrative regulation, and shall indemnify or refund to the CITY all sums including
court costs, attorney fees, and punitive damages which the CITY may be obliged or
I adjudged to pay on any such claims or demands within thirty (30) days of the date of the
CITY's written demand for indemnification or refund for those actions,claim, and demands
caused by or resulting from intentional or negligent acts as specified in this paragraph.
Subject to any limitations contained in Sec. 893.80 and any similar statute, of the
Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and
` all liability, including claims, demands, losses, costs, damages, and expenses of every kind
and description(including death), or damages to person or property arising out of re-use of
E
the documents without consent where such liability is founded upon or grows out of the
acts or omission of any of the officers, employees or agents of the City of Oshkosh while
acting within the scope of their employment.
ARTICLE XI. INSURANCE
The CONSULTANT agrees to obtain General Liability Coverage of $500,000 per
occurrence. The following must be named as additional insureds —City of Oshkosh, and its
officers,council members, agents,employees, and authorized volunteers.
t.•\Engineering\2017 CONTRACTS\WettandDetin Agreement\Bates Agreement_11-21-16.do" Page 4 of 6
E'
Certificates of Insurance acceptable to the CITY shall be submitted to the
Engineering Division of the Department of Public Works prior to the commencement of the
work. These certificates shall contain a provision that coverage afforded under the policies
will not be cancelled or non-renewed until at least 30 days prior written notice has been
given to the City Clerk of the City of Oshkosh.
ARTICLE XII. TERMINATION
A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper
manner any of the obligations under this AGREEMENT, the CITY shall have the right to
terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the
CONSULTANT shall be entitled to compensation for any satisfactory, usable work
completed.
B. For Convenience. The CITY may terminate this AGREEMENT at any time by
giving written notice to the CONSULTANT no later than ten (10) calendar days before the
termination date. If the CITY terminates under this paragraph, then the CONSULTANT
j shall be entitled to compensation for any satisfactory work performed to the date of
termination.
i
This document and any specified attachments contain all terms and conditions of the
AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by
both parties and incorporated as an amendment to this AGREEMENT.
ARTICLE XIII RE-USE OF PROJECT DOCUMENTS
I
All reports, drawings, specifications, documents, and other deliverables of
CONSULTANT, whether in hard copy or in electronic form, are instruments of service for
this PROJECT, whether the PROJECT is completed or not. CITY agrees to indemnify
CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated
corporations from all claims, damages, losses, and costs, including, but not limited to,
litigation expenses and attorney's fees arising out of or related to the unauthorized re-use,
change, or alteration of these project documents.
ARTICLE XIV SUSPENSION DELAY, OR INTERRUPTION OF WORK
CITY may suspend, delay, or interrupt the services of CONSULTANT for the
convenience of CITY. In such event, CONSULTANT's contract price and schedule shall be
equitably adjusted.
I
I
i
1:\Engineering\2017CONTRACTS\Wetland DelinAgreement\Bates Agreement 11-21-16.docx Page 5 of 6
ARTICLE XV. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other than CITY and
CONSULTANT and has no third-party beneficiaries.
In the Presence of: CONSULTANT
By:
(Seal of Consultant
if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By:
(Witness) Mark A.Rohloff, City Manager
And':
(Witness) Pamela R.Ubrig, City Jerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
"(, -ICN will accrue under this AGREEMENT.
rte ttt,orney
t
City Comptroller
L\Engineering\2017 CONTRACTS\Wetland Delin Agreement\Bates Agreemen(-11-21-16.docx Page 6 of 6
PROJECT AUTHORIZATION NUMBER
("Work Order")
Owner: City of Oshkosh Department Public Works
Authorized Office: 215 Church Avenue P.O.Box 1130 Oshkosh,Wisconsin 54903-1130
Owner Authorized Representative: John Ferris P.E. Civil Engineering Supervisor
City of Oshkosh Purchase Order Number:
The authorizing office requires performance of the following described Services:
Form of Compensation:
® Lump Sum: $
Additional Terms and Conditions:None
Authorized Services shall be performed in accordance with the terms and provisions of the
agreement between Bates Soil & Water Testing Services, LLC and the City of Oshkosh, dated
, authorized . This Project Authorization shall be
effective only upon date of signature of an authorized representative of the City of Oshkosh.
Bates Soil&Water City of Oshkosh Department of Public Works
Testing Services,LLC
Authorized Representative Signature Authorized Representative Signature
John Ferris, P.E.
Authorized Representative Name Authorized Representative Name
i
Date: Date:
I:\Engineering\2017 CONTRACTS\WetlandDetin Agreement\BatesBlank ProjAuth Page 1 Of 1
P Form_11-21-16.docx
Ac'�vR CERTIFICATE OF LIABILITY INSURANCE °09/288/201s'
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(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 endorsements.
PRODUCER CONTNAWCT Judy Jurgens
Fuhrman Insurance Unlimited,Inc.
10503 Northwestern Avenue RECEjvE� cNE (262)886-0800 FAle,AX
No: (262)886-1000
Franksville,WI 53126 ADDRESS: Judy@fuhrmanlnsurance.com
IEC
INSURE 5 AFFORDING COVERAGE NAIC#
INSURERA: State Auto Insurance Company
INSURED Bates Soil&Water Testing Se L- INSURER B: SOCIETY INSURANCE COMPANY
N1237 County Crest Circle j]j off HU/3L.1C IVO S INSURERC:
Hortonviile,WI 54944 US " W1SUUN IN INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN
R TYPE OF INAQQL SURANCE R POLICY EFF POLICY EXP
POLICY NUMBER MMIDD MMJD LIMITS
A GENERAL LIABILITY SOC2468912 05/15/2016 05/15/2017 EACHOCCURRENCE 1,000,000
COMMERCIAL GENERAL LIABILED—
ITY DAMAGE Me S o cu ee $ 100,000
CLAIMS-MADE ®OCCUR MED EXP(Any oneperson) $ 5,000
PERSONAL&ADV INJURY $ 1,000,000
GENERALAGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
POLICY PRO LOC 1 $
A AUTOMOBILE LIABILITY BAP2223586 05/15/2016 05/15/2017 o I e s L T Ilia $ 11000,000
ANY AUTO BODILY INJURY(Par person) $
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY Par accident) $
NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS $
P 1 $
A UMBRELtALIAB OCCUR SOC2468912 05/15/2016 05/05/2017 EACH OCCURRENCE $ 2,000,000
EXCESS LIAR ..- HCLAIMS-MADE AGGREGATE $
DED I I RETENTION $
B WORKERS COMPENSATION 0513017 0726/2016 07/26/2017 1 WCSTATU- OTH-
AND aMPLOYERS'LIABILITY Y!N ORMrk
—•
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 500,000
OFFICERIMEMBEREXCLUDED? NIA
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000
Res describe under
96describeRIPTION OF OPERATIONS below E.L.DISEASE=POLICY LIMIT Is 500,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remaft Schedule,if more apace Is required)
ADDITIONAL INSUREDS PER ATTACHED ENDORSEMENTS
CERTIFICATE 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 PROVISION THAT COVERAGE AFFORDED UNDER THE POLICIES WILL
NOT BE CANCELLED OR NON RENEWED UNTILAT LEAST 30 DAYS'PRIOR WRITTENT NOTICE HAS BEEN GIVEN TO THE CITY CLERk-CITY OF
OSHKOSH
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
215 Church Avenue ACCORDANCE WITH THE POLICY PROVISIONS.
i P.O. Box 1130
AUTHORIZED REPRESENTATIVE
j Oshkosh,'WI 54903-1130
I ..
I 01988-2010 ACORD WkPORAT14N. All r)gh erved.
ACORD 25(2010/05) The ACORD name and logo are regis red marks of ACORD
ESTATE AU1W
Companies SOC 2468912 08
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION
SCHEDULED PARTY
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE POLICY
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM
EMPLOYMENT PRACTICES LIABILITY INSURANCE COVERAGE FORM
LIQUOR LIABILITY COVERAGE PART
OWNERS'AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SCHEDULE
Name:
CITY OF OSHKOSH DEPARTMENT OF
2. Address:
PUBLIC WORKS
215 CHURCH AVENUE
OSHKOSH, WI 54902
3. Optional Notification: 30 days
Information required to complete this Schedule, if not shown above, will be shown in the Declarations:
A. We will mail the designated person or organization in-the Schedule above 'at least 30 days' advance notice
or the number of days' advance notice shown in the Schedule above if we cancel or nonrenew this policy for
any reason other than nonpayment of premium, subject to statutorily permitted reasons.
El. We will mail the designated person or organization in the Schedule above at least 10 days' advance notice if
we cancel this policy for nonpayment of premium; or
C. The person or organization shown in the Schedule above will be mailed confirmation if you cancel this policy
for any reason.
In no event will the action or timing of. the named insured's election to cancel or modify the terms of this
policy serve to extend the policy beyond the expiration date shown in the Declarations.
Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or
representatives.
EI
E
SI 10 20 06 10 Page 1 of 1
'/1•319020-201008
Includes copyrighted material of
Insurance Services Office, inc., with its permission
Ooreeit .rdl.e:
f
/,.� STATE AUTO
-� insurance CompaniesSOC 2468912 08
ADDITIONAL INTERESTS/INSUREDS
COMMERCIAL GENERAL-LIABILTy-:
OTHERINTERESTS TYPE LOCIBLDG
ANI INCORPORATED Designated Person or Organization
111 S GARFIELD AVENUE
HINSDALE, IL 60521
CITY OF OSHKOSH DEPARTMENT OF Notice of Cancellation-Scheduled Party
PUBLIC WORKS
215 CHURCH AVENUE
OSHKOSH, WI 54902
HALLMARK CUSTOM HOMES Owners, Lessees,or Contractors
PO BOX 201
HORTONVILLE,WI 54944
TOWN OF NEENAH Owners, Lessees, or Contractors
1648 S PARK AVE
NEENAH,WI 54956
MCMAHON &ASSOCIATES INC Owners, Lessees, or Contractors
1445 MCMAHON DR
NEENAH,WI 54956
ANI INCOPORATED Owners, Lessees, or Contractors
111 S GARFIELD AVEVUE
HINSDALE, IL 60521
f
i
i
i
Issue Date 04/06/2016 01,44:02 PM SL 5001 (01/04) Page. 006 . of 006
'001AS2e ratl.a-