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HomeMy WebLinkAboutOshkosh Public Library & Facility Eng., Inc AGREEMENT ORIGINAL THIS AGREEMENT, made on the 20th day of February, 2017, by and between the CITY OF OSHKOSH through the OSHKOSH PUBLIC LIBRARY, party of the first part, hereinafter referred to as LIBRARY, and FACILITY ENGINEERING, INC., 101 Dempsey Road, Madison, WI 53714, party of the second part, hereinafter referred to as the CONSULTANT. WITNESSETH: That the LIBRARY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the fo n dividual to mans e the project described in this Agreement: �0�`lel L• � d � Project Manager B. Changes in Project Manager. The LIBRARY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The LIBRARY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. LIBRARY REPRESENTATIVE The LIBRARY shall assign the following individual to manage the project described in this Agreement: Victoria Vandenberg —Assistant Director ARTICLE Ill. SCOPE OF WORK The CONSULTANT shall provide the information, services, and deliverables described in its consulting services proposal, "Phase II Cladding Rehabilitation for Oshkosh Public Library," dated January 24, 2017. LIBRARY 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 LIBRARY and the LIBRARY may, without restriction, reproduce and/or make use of such documents, data, and information at the LIBRARY'S discretion as well as in a manner consistent with Wisconsin public open records laws. The CONSULTANT shall not be liable for any damage which may result 1 for any use of such documents, data, and information for purposes other than those described in this AGREEMENT. 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. OPINIONS OF COST FINANCIAL CONSIDERATIONS AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT shall provide as reasonably accurate information as possible under the circumstances, but it is understood that it has no actual 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 LIBRARY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. RECORD DRAWINGS i 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 CONSULTANT reasonably relied upon and that are incorporated into the record drawings. ARTICLE IV. LIBRARY RESPONSIBILITIES The LIBRARY 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 Library records. CONSULTANT may reasonably rely upon the accuracy, timeliness, and completeness of the information provided by LIBRARY. To prevent any unreasonable delay in the CONSULTANT's work, the LIBRARY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. I, i r € j I j ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSULTANT will, if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. LIBRARY recognizes that CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than CONSULTANT. LIBRARY'S INSURANCE LIBRARY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. i LIBRARY 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 LIBRARY-furnished equipment and/or materials associated with CONSULTANT's services. Upon request, LIBRARY will provide CONSULTANT a copy of such policy. I ARTICLE V. 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 as projects are identified E throughout this Agreement. The CONSULTANT shall perform the services under this Agreement with reasonable diligence and expediency consistent with sound professional practices. The LIBRARY 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 LIBRARY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. i 3 ARTICLE VI. COMPONENT PARTS OF THE AGREEMENT This Agreement consists of the following component parts, all of which are as fully a part of this Agreement as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Consultant's Services Proposal dated January 24, 2017 and attached hereto. The two (2) page document entitled "Standard Terms and Conditions" and all terms therein provided by Consultant is specifically excluded as a component part of this AGREEMENT. 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 VII. PAYMENT A. The Agreement Sum. The LIBRARY 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: 0 Time and Materials Not to Exceed $27,500 It is expected that this amount is sufficient to complete the Scope of Services described in this AGREEMENT as such services are mutually understood. 0 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 LIBRARY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any statement amount is disputed, the LIBRARY 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 VIII. HOLD HARMLESS The CONSULTANT covenants and agrees to hold the LIBRARY harmless against demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of professional services of the CONSULTANT, his agents or assigns, his employees, or his subcontractors related to the negligent performance of 4 this Agreement or be caused or result from any violation of law or administrative regulation, and shall indemnify the LIBRARY sums including court costs, and reasonable attorney fees, and damages which the LIBRARY may be obliged or adjudged to pay caused by or resulting from intentional or negligent acts as specified in this paragraph. ARTICLE IX. INSURANCE The CONSULTANT accepts and agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE X. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the LIBRARY 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 LIBRARY may terminate this Agreement at any time by giving written notice to the CONSULTANT no later than 30 calendar days before the j termination date. If the LIBRARY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. Sub-paragraphs A and B shall be construed as reciprocated/reciprocal with respect to CONSULTANT and LIBRARY. I REUSE OF PROJECT DOCUMENTS E k 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 and will be the property E of the LIBRARY. The LIBRARY shall be allowed to use and reproduce the documents, data, and information at the LIBRARY'S discretion as well as for all purposes consistent with all public open records laws. The CONSULTANT shall not be responsible or liable for uses of these documents, data, and information that are unrelated to this PROJECT. SUSPENSION DELAY OR INTERRUPTION OF WORK LIBRARY may suspend, delay, or interrupt the Services of CONSULTANT for the convenience of LIBRARY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. 5 E {4[ 4 In the Presence of: CONTRACTOR FACILI ENGINEERING, INC. By: �'L�A t MtMqT" (Specify Title) Date: Z-2717 OSHKOSH PU LIC IBR RY Jeffe& Gildersoh--' e, Library Director Date: 7 CITY OF OSHKOSH =Mark Rohloff City Manager Date: - 99� a a/-7 i CITY OF HKOSH Pam Ubrig City Clerk Date: ) .._. I 6 i Architectural Engineering Consulting Services Proposal Design, Bidding, and Construction Administration Services Phase II Cladding Rehabilitation for i Oshkosh Public Library January 24, 2017 I i i Presented By: ® FACILITY ® ENGINEERING Building Envelope Specialist 1-800-928-8880 I I, 101 Dempsey Road • Madison, WI 53714 • 608.240.9110 . fax 608.240.9112 www.facilityengineerinciinc.com E Oshkosh Public Library PROJECT—Phase II Cladding Rehabilitation Page 2 of 5 January 24,2017 INTRODUCTION At the request of Oshkosh Public Library,Facility Engineering,Inc.(FEI)is pleased to submit this proposal for professional analysis,design and construction administration consulting services as they pertain to the proposed Phase II Cladding Rehabilitation project. For purposes of brevity and consistency,Facility Engineering,Inc.will refer to itself as FEI and Oshkosh Public Library as Owner. PROPOSAL SUMMARY Key elements in this proposal include the rehabilitation of exterior cladding and replacement of distressed cladding components. This proposal continues with the assumptions and recommendations provided to the Owner by FEI in the initial report of findings dated June 15,2012. Minimal removal of finish materials may be required in order to confirm some installed conditions,but will not occur without approval of the Owner. i SCOPE OF SERVICES DESIGN DEVELOPMENT FEI shall: • Conduct an additional visual inspection of the facility as necessary. E • Review architectural plans,specifications and other documentation in the Owner's possession which is deemed relevant for information related to system application and performance. • Prepare,for approval by the Owner,Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project. • Advise the Owner of any adjustments to the preliminary estimate of Construction Cost. CONSTRUCTION DOCUMENTS j FEI shall: • Based on the approved Design Development Documents and the construction budget authorized by the Owner, prepare Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. ( • Assist the Owner in the preparation of the necessary bidding information,bidding forms,the Conditions of the I Contract,and the form of Agreement between the Owner and Contractor. • Advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. i • Assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. i 101 Dempsey Road • Madison, WI 53714 . 608.240.9110 • fax 608.240.9112 www.facilityengineeringinc.com E Oshkosh Public Library PROJECT—Phase II Cladding Rehabilitation Page 3 of 5 January 24,2017 BIDDING OR NEGOTIATION FEI shall: • Pre-qualify a minimum of three(3)masonry rehabilitation contractors to solicit bids or proposals. • Assist Owner in authoring of necessary addenda related to changes in scope of design included in the Construction Documents. • Assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. • Assist Owner in interpreting and evaluating contractor bids and/or proposals. CONSTRUCTION ADMINISTRATION AND OBSERVATION FEI shall: • Schedule and conduct a preconstruction conference and prepare minutes there from. • Provide construction administration including reviewing shop drawings,processing pay requests,processing change orders as required,and coordination of scheduling of any required materials testing performed by others. • Represent the Owner as Project Manager. • Provide construction observation:full-time during critical phases of construction and part-time otherwise,as required. • Perform final observations of construction with the Owner's staff. • Prepare final punch lists. E • Provide up to eight(8)site visits in order to conduct pre-construction meeting,observe construction,attend progress meetings and prepare punch lists. I • SERVICES OR ITEMS NOT INCLUDED [ FEI does not include: • Opinion of appropriateness of design. E • Testimony or deposition,expert witness or otherwise. • Staging,scaffold or lift for access. Owner shall provide: I • As-built drawings. MANAGEMENT PLAN Project Organization Daniel L Maki PE,M ASCE will act as Principal Engineer and Project Manager for the duration of the project. Thomas M. Gernetzke,RBEC,FRCI will assist as Project Advisor for the duration of the project. i 101 Dempsey Road • Madison, WI 53714 • 608.240.9110 • fax 608.240.9112 €' www.facilityen-gineeringinc.com l Oshkosh Public Library PROJECT—Phase II Cladding Rehabilitation Page 4 of 5 January 24,2017 Investment The fee for rendering professional engineering services as outlined herein shall be$27,500 as itemized below including related expenses. Design Development and Construction Documents $12,275.00 Bidding or Negotiation Phase $2,250.00 Construction Administration and Observation $12,975.00 TOTAL $27,500.00 Refer to the attached Standard Terms and Conditions for billing terms and rates. Schedule Our services can commence on the basis of your verbal authorization to proceed along with a written confirmation for our files. Duration of Services Facility Engineering,Inc.shall provide the services described as they apply to any specific project in this proposal for a period not to exceed one(1)calendar year. FEI reserves the right to amend"Standard Terms and Conditions"annually, subject to approval by the Owner. i CONCLUSION i I Thank you for this opportunity to provide services for you. If you*should have any questions,please don't hesitate to call. I 4 APPENDICES Standard Terms and Conditions I Sincerely, ACCEPTED: Facility Engineering,Inc. The above prices and conditions are satisfactory and hereby { accepted. Thomas M.Gernetzke,RBEC Oshkosh Public Library Project Manager Signature Daniel L.Maki,PE,M ASCE Principal Engineer Title Date of acceptance E 101 Dempsey Road • Madison, WI 53714 • 608.240.9110 • fax 608.240.9112 www.facilityengineeringinc.com i Oshkosh Public Library PROJECT—Phase II Cladding Rehabilitation Page 5 of 5 January 24,2017 ** This page is intentionally left blank. ** i I j r I I I t i I i i 101 Dempsey Road . Madison, WI 53714 • 608.240.9110 • fax 608.240.9112 www.facilityengineerin.ginc.com i i EH K STANDARD TERMS AND CONDITIONS Performance: The terms and conditions stated herein shall be binding upon all officers,directors,employees,subconsultants(collectively,Consultant)assignees,heirs,partners, subsidiaries,limited liability company members,association members,employees,agents and representatives and any person or party intended to be or claiming to be a third party beneficiary of the services performed pursuant to this Agreement. Facility Engineering,Inc.(FEI)and its employees will exercise the degree of skill and care expected by customarily accepted practices and procedures. No warranties, expressed or implied,are made with respect to FEI's performance,unless agreed to in writing. FEI is not a guarantor of the project to which its services are directed,and its responsibility is limited to work performed for the Client. FEI is not responsible for acts or omissions of the Client,or for third parties not under its direct control. FEI shall not be liable for any reason for any special,indirect or consequential damages including loss of use and loss of profit. FEI may rely upon information supplied by the Client engaging FEI,or the contractors or FEI's consultants involved,or information available from generally accepted reputable sources,without independent verification.At no time shall FEI be responsible for consultation services pertaining to hazardous materials including but not limited to asbestos,mold,and lead. Client shall promptly notify FEI of any claim for loss or damage which is alleged to have resulted from any action,error or omission of FEI in performing its services. Client shall give FEI reasonable opportunity to inspect and investigate the premises before any work to remove or remediate the existing work is performed. The failure of Client to give FEI prompt notice and the reasonable opportunity to inspect and investigate the premises shall mean FEI has no liability for the cost of any repairs or remedial action or for any other lessor damage claimed by Client.In addition,and not withstanding any other provisions of this Agreement,the Client agrees,to the fullest extent permitted by law,to indemnify and bold harmless FEI against all damages,liabilities or costs,including reasonable attorneys'fees and defense costs,arising out of or in any way connected with our services or the performance by any of the parties above-named of the services under this Agreement. These Standard Terms and Conditions shall continue in full force and effect during,as well as after,the completion or termination of FEI's employment. These Standard Terms and Conditions shall control any conflicting term or condition unless FEI shall agree in writing. FEI shall not have control over or charge of and shall not be responsible for construction means,methods,techniques,sequences or procedures,or for safety precautions and safety programs in connection with the project,since these are solely the responsibility of others. FEI shall not have control over or charge of acts or omissions of the Contractor,Subcontractors,or their agents or employees,or of any other non FEI persons performing portions of the project. FEI's total liability for services performed under this Agreement shall not exceed the amount paid to FEI for services under this Agreement. Billing&Payment Terms: Unless otherwise stated,full payment for FEI invoices are due upon receipt. Late payments shall accrue interest at the rate of 18%per annum on all amounts due starting on the 3lst day after the invoice first being sent to the client. Payment of any invoice by the Client to the Consultant shall be taken to mean that the Client is satisfied with the Consultant's services to the date of payment and is not aware of any deficiencies in those services. The Client agrees to pay for all costs incurred,including legal fees,collection agency fees,court costs,reasonable FEI staffcosts and other expenses for collection ofpast due balances.All collection costs incurred shall be immediately due and payable to FEI.This obligation of the Client to pay the Consultant's collection costs shall survive the term of this Agreement or any earlier termination by either party. Payment for services rendered shall be due regardless of any subsequent suspension or termination of the agreement. FEI reserves the right to require an initial retainer or progress retainer(s)to account for a least one month's anticipated charges and expenses to be payable upon receipt of invoice and prior to FEI proceeding with any services. Disputed Invoices: MNotification of any objection or dispute regarding the invoice shall be within ten(10)business days of receipt of invoice.The Client shall identify in writing the specific cause of the disagreement and the amount in dispute. Any portion of the invoice that is not in dispute shall be paid according to the payment terms or otherwise result in curtailment of services. i FEI reserves the right to collect fees on all undisputed portions of the invoice(s)that may become past due. Suspension of Services: If the Client fails to make payments when due or otherwise is in breach of this Agreement,the Consultant may suspend performance of services upon sixty(60)calendar days'notice to the Client.The Consultant shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this agreement by the Client.Upon payment in full by the Client,FEI shall resume services under this agreement,and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for FEI to resume performance Termination of Services: The Client's failure to make payments for services rendered in accordance with the payment terms of the contract constitutes a material breach on the agreement and this material breach is cause for termination of the entire agreement. i Termination: In the event of termination of this Agreement by either party,the Client shall within fifteen(15)calendar days of termination pay FEI for all services rendered and all reimbursable costs incurred by FEI up to the date of termination,in accordance with the payment provisions of this Agreement. 4 z The Client may terminate this Agreement for the Client's convenience and without cause upon giving FEI not less than seven(7)calendar days'written notice. Either party may terminate this Agreement for cause upon giving the other party not less than seven(7)calendar days'written notice for any of the following reasons: ° Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; r Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party; 4 Suspension of the Project or FEI's services by the Client for more than ninety(90)calendar days,consecutive or in the aggregate; Material changes in the conditions under which this Agreement was entered into,the Scope of Services or the nature of the Project and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. In the event of any termination that is not the fault of FEI,the Client shall pay FEI,in addition to payment for services rendered and reimbursable costs incurred,for all expenses reasonably incurred by FEI in connection with the orderly termination of this Agreement,including but not limited to demobilization,reassignment of personnel, associated overhead costs and all other expenses directly resulting from the termination. LF 1 of 2 July 2016 E Transfer of Documents: Upon receiving payment in full for the project FEI will transfer the ownership of the Clients design documents. Use of Reports,Drawings,Etc.: FEI retains ownership of letters,reports,drawings,specifications,test data and notes. These documents or parts thereof may not be reproduced in advertisements,brochures, or sales material,nor used by the Client for any purpose other than the purpose for which they were prepared,nor by third parties,without the written permission of FEL Conclusions by FEI based on test results are limited to the specific conditions for which the tests were performed. FEI shall have no liability for Client's use of or reliance on FEI's reports,drawings or other instruments of service on future projects for which FEI is not retained to provide services. Agreement(s)referencing these terms and conditions shall not be assigned or transferred without express written consent of FEI. Proposals: Proposals expire 120 days after submission to a Client unless a different expiration limit is included in the proposal. FEI may withdraw or modify a proposal at any time prior to acceptance by the Client. Fixed Price Contracts: Where FEI and the Client have agreed to a fixed price contract,the following terms and conditions are specifically excluded: Time Charges,Expenses,Equipment Usage, Affiliated Consultants,and Subcontracted Services. Progress payments will be arranged with the Client. Other stated billing terms remain in effect. Time Charges: Accrued on an hourly basis,unless other arrangements are established. No increase in rates for overtime. No charge for out-of-town travel time ofprofessional staff outside of normal 8-hour workday unless time is productive. Expert witness services,including investigation,assessment,research,meetings,deposition,testimony,mediation,and related activity support will be billed at Premium Rates. Fee Schedule: Standard Rate Premium Rate Design Support Services,Administrative $80.00 per hour $105.00 per hour Technician,Drafting,Asset Management $115.00 per hour $155.00 per hour Project Engineer,Project Manager 1 $145.00 per hour $215.00 per hour Project Engineer,Project Manager 2 $175.00 per hour $255.00 per hour Principal Engineer $205.00 per hour $295.00 per hour Expenses: Public transportation;subsistence and out-of-pocket expense incurred during travel;communications;reproduction and shipping charges: Cost plus 15%(Invoiced as an Expense Service Fee); Expended materials for field and laboratory investigations;rental equipment;fees advanced on Client's behalf. jCost plus 15%(Invoiced as an Expense Service Fee); Company or personal auto: Mileage to be paid at current federal rate; Clients may be charged for the cost of providing copies of receipts or detailed"back-up"information concerning expenses. Definition of"Hazardous Materials": As used in this agreement,the term hazardous materials shall mean any substances,including without limitation asbestos,toxic or hazardous waste,PCBs,combustible gases and materials,petroleum or radioactive materials(as each of these is defined in applicable federal statutes)or any other substances under any conditions and in such quantities as would pose a substantial danger to persons or property exposed to such substances at or near the Project site. Hazardous Materials—Suspension of Services: ( Both parties acknowledge that the FEI's scope of services does not include any services related to the presence of any hazardous or toxic materials. In the event FEI or any other person or entity involved in the project encounters any hazardous or toxic materials,or should it become known to FEI that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of FEI's services,FEI may,at its sole option and without liability for consequential or any other damages, suspend performance of its services under this Agreement until the Client retains appropriate qualified consultants and/or contractors to identify and abate or remove the hazardous or toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations. Hazardous Materials Indemnity: The Client agrees,notwithstanding any other provision of this agreement,to the fullest extent permitted by law,to indemnify and hold harmless FEI,its officers,partners, employees and sub-consultants(collectively,FEI)from and against any and all claims,suits,demands,liabilities,losses,damages or costs,including reasonable attorneys' I fees and defense costs arising out of or in any way connected with the detection,presence,handling,removal,abatement,or disposal of any asbestos or hazardous or toxic substances,products or materials that exist on,about or adjacent to the Project site,whether liability arises under breach of contract or warranty,tort,including negligence, strict liability or statutory liability,regulatory or any other cause of action,except for the sole negligence or willfid misconduct of FEI. i LF 2 of 2 July 2016 @g C j 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS III. PROFESSIONAL SERVICES LIABILITY INSURANCE 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 prima coverage 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 general aggregate must apply separately to this project/location 3. BUSINESS AUTOMOBILE COVERAGE— If this exposure shall exist: i A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident I B. Must cover liability for Symbol#1 -"Any Auto"—including Owned, Non-Owned and Hired Automobile Liability. III - 1 I 4/14/14 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) $500,000 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. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — 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 j Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for I a minimum of 2 years after acceptance of work. This does not 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 1 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. i E t €(t€ t l 111 - 2 i E(MM/DD/YIYj CERTIFICATE OF LIABILITY INSURANCE DAT 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()es) 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 CONTACT Insurance Agency contact NAME: Information,including street Insurance A enYs — address and PO Box!/ PHONE contact 1nlormation. J:AX a (AIC. L E_ applicable. (A/C No): EMAIL — ADDRESS: INSURERS)AFFORDING COVERAGE NAIC# _ INSURER A: ABC Insurance Company NAIC# INSURED Insured's contact in/ormatlon, including name,address and INSURER B: XYZ Insurance Company NAIC# phone number. INSURERc: LMN Insurance Company I NAIC# INSURER D: Insumr(s)must have a minimum A.M.Best rating ofA- and a Financial Performance Rating of or better. — 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 AMY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE I INSR WVD POLICY NUMBER MMIDD/YYY MM/DD/Y LIMITS GENERAL LIABILITY I EACH OCCURRENCE $1,000,0_00___ ® DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY General Liability Policy Number Policy effective and expiation date. (PREMISES(Ea occurrence) $50,000 A (❑ICLAIMS-MADEMOCCUR � � ,MED EXP(Any one person) _$5,000 ®I ISO FORM CG 20 37 OR EQUIVALENT PERSONAL&ADV INJURY $1,000,000 ❑ !GENERAL AGGREGATE $2,000,000 GEN ,'L PRODUCTS—COMP/OP AGG $2,000,000 ❑IPOLICY ®IPE IuILOC r (AUTOMOBILE LIABILITY (COMBINED SINGLE LIMIT — �(Eaaccident) __ $1,000,000 _ ®ANY AUTO ® ❑ i Auto Liability Policy Number Policy effective and expiration date. BODILY INJURY(Per person) $ALL ' B ❑jAUTOS OWNED I❑ AUTOSSCHED !BODILY — BODILY INJURY(Per accident) $ hHIREDAUTOS�❑ NON-OWNED ;PROPERTY DAMAGE ! I❑'�—'III 111111^ (Per accident) $ $ UMBRELLA OCCUR®' ® El_ I ;EACH OCCURRENCE $2,000,000 A I❑(EXCESS LIAB ❑ CLAIMS-MADE Umbrella liability Policy Number Policy effective and expiration date. AGGREGATE $2,000,000 ❑IDED ®RETENTION$10,000 I I $ Cs WORKERS COMPENSATION ❑ ❑ ®(TWC STTU-ORYLIMITS T AND EMPLOYERS'LIABILITY ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICElMEMBER EXCLUDED? Y/N Workers Compensation Pobcy 1policy effective and expiration date. 1 E.L.EACH ACCIDENT _ $100,000 (Mandatory in NH) N Number If yes,describe under i E.L.DISEASE EA EMPLOYEE $100,000 DESCRIPTION OF OPERATIONS below IE.L.DISEASE—POLICY LIMIT $500,000 A 'PROFESSIONAL LIABILITY ❑ ❑ $1,000,000 EACH CLAIM Professional Liability Policy Policy effective and exp'vation date. i$1,000,000 ANNUAL AGGREGATE Nnmher I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional 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. i CERTIFICATE HOLDER CANCELLATION j City of Oshkosh,Attn:City Clerk Insurance Standard III SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church APO Box 1130 venue SAMPLE CERTIFICATE THE EXPIRATION DATE,THEEOF,NOTICE ACCORDANCE WITH THE POLICY PROVISIONS. BE DELIVERED IN Oshkosh,WI 54903-1130 Please indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE I this certificate is for. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD I POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 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 Name Of Additional Insured Person(s) Or Organizations : 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 If — 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. i Insurance Standard Ill SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. I CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ YY I I f i v POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 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 Operations As required by contract Any and all job sites { I Information required to complete this Schedule, if not shown above,will be shown in the Declarations. I 4 f Section II — 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". I i i Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this i certificate,the contract or project# this certificate is for. CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ i