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HomeMy WebLinkAboutDixon Eng. & Oshkosh/Paint Inspections for Wastewater l �- 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: Joseph T.Hoban Date: April 20,2017 Dixon Engineering,Inc. Subject: Executed Agreement 5307 South 92nd Street,Suite 125 Paint Inspections for the Wastewater Hales Comers, WI 53130 ——— Clarifier at Profile Finishing Systems Please find: Z 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 the paint inspections for the wastewater clarifier at profile finishing systems. 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–Original Steve Brand–Copy cc: —File–Original Signed: r1� Trao.Taylor iJ l:\Engineering\Tracy Taylor\Steve Brand Agreements\Dixon Eng\Paint lnsp-WW Clarifier\Dixon LOT-Executed Agreement_420-17.docx AGREEMENT This AGREEMENT, made on the day of 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinaier referred to as CITY, and DIXON ENGINEERING, INC., 5307 South 92nd Street, Suite 125, Hales Comers, WI 53130, party of the second part,hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for PAINT INSPECTIONS FOR THE WASTEWATER CLARIFIER AT PROFILE FINISHING SYSTEMS. ARTICLE 1. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Joseph T.Hoban,P.E.—Senior Project Engineer 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: Stephan M.Brand—Public Works Utility Bureau Manager ARTICLE III. SCOPE.OFWORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The 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. l:\Engineering\Tracy Taylor\Steve Brand Agrcements\Dixon Eng\Paint Insp-vm Page 1 of 5 Clarifier\AgreernenU440-17.dom 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 the CONSULTANT reasonably relied upon and 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 Proposal. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees 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 I:\Engineering\Tracy Taylor\Steve Brand Agn'ements\Dixon Eng\Paint Insp-W W Page 2 of 5 Clarifier\Agmement_4-10-17.dom 2. CONSULTANT's Proposal dated April 4,2017 and attached hereto In the event any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE IX. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutua y agreed upon in writing by the parties hereto: Time and Materials Not to Exceed$2,000 (Two Thousand Dollars). Attached fee schedule(s)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 X. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT,his/her agents or assigns,his/her employees, or his/her subcontractors related however remotely to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation,and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund for those I:\Engineering\Tracy Taylor\Steve Brand Agreements\Dixon Eng\Paint InsPAM Page 3 of 5 Clarifier\Agreement_4-10-17.docx actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re-use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. [' ARTICLE XI. INSURANCE E The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XII. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGREEMENT, the CITY shall have the right to terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory,usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (10) calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this AGREEMENT. ARTICLE XIII RE-USE OF PROTECT 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. The 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 The CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. I:\Engineering\Tracy Taylor\Steve Brand Agreements\Dixon Eng\Paint Insp-WW Page 4 of rJ Clarifier\Agreement_4-10-17.doex i ARTICLE XV. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the 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 OS 7;11 I OF OSHK H__" s Public W By Rabe,Director of�Public Works (Witness) l:\Engineering\Tracy Taylor\Steve Brand Agreements\Dixon Eng\Paint hisp-Ww Page 5 of 5 Clarifier\Agreement_440-17.docx 5307 South 92nd Street DIXON _ quite 125 R FC, EIVED Hales Corners,WI 53130 ENGINEERING & INSPECTION SERVICES Telephone: (414)529-1859Fax: (414)529-3120 FOR THE COATING INDUSTRY ADR rl '017 DEF1 ui i l;' it W01,<.KS Proposal O Nl�ta�Nj W!"5QQNSIN for Water Storage Tank Wastewater Clarifier at Profile Finishing Systems (Kaukauna, Wisconsin) City of Oshkosh, Wisconsin The Proposal is between Dixon Engineering, Inc. (DIXON) and the City of Oshkosh,Wisconsin (Owner)to contract with DIXON for technical services for the Wastewater Clarifier (Project). 1.01 PAYMENT €i DIXON shall provide, or cause to be provided, services detailed in Scope of Services and Owner agrees to pay DIXON as compensation for their services a Time and Expense Fee (Not To Exceed$2,000.00). Terms of charges and payments per details in SCHEDULE B. (Prices quoted are subject to change ninety (90) days after proposal date, if not contracted.) 2.01 SCOPE OF SERVICES Paint Inspections for the Wastewater Clarifier at Profile Finishing Systems 3.01 SIGNATURES Joseph T. Hoban, Senior Project Engineer April 4, 2017 PROPOSED by DIXON(Not a contract until approved by an officer) PROPOSAL DATE CONTRACT APPROVED by OWNER POSITION DATE CO SIGNATURE(if required) POSITION DATE CONTRACT APPROVED by DIXON OFFICER POSITION EFFECTIVE CONTRACT DATE Members: Society of Protective Coatings• American Water Works Association Consulting Engineers Council Page 1 of 3 SCHEDULE A Wastewater Clarifier at Profile Finishing Systems (Kaukauna, Wisconsin) City of Oshkosh, Wisconsin I. Inspection Services: 1. Inspect applied coating for dry film thickness, coverage,uniformity, and cure. E Page 2 of 3 SCHEDULE B Wastewater Clarifier at Profile Finishing Systems (Kaukauna, Wisconsin) City of Oshkosh, Wisconsin 1. Compensation for Inspection Services will be a Time and Expense Fee. a. The inspector will either be: i. A Professional Engineer/NACE Certified Inspector traveling from Menasha, Wisconsin(15 minutes/ 15 miles) at a rate of$150.00 per hour including travel. ii. Or a NACE Level 1 Inspector traveling from Hales Corners, Wisconsin(1 hour 45 minutes/ 120 miles) at a rate of$85.00 per hour including travel. b. The travel/mileage rate is $0.60/mile. : C 6i Page 3 of 3 DIXONE1 OP ID: LB �1_E(MM/DD/YYYY) Aco/2[7A CERTIFICATE OF LIABILITY INSURANCE 4/14/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CONFERSAND ALTER TIRE COVERAGE AFFORDED GHTS UPON THE ATE HOLDTHE POLICTHEIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND 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(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). coNTAcr PRODUCER NAME: Pete Suminskl Blick Dillon Insurance — FCEIVE� PHONE E t:231-775-3416 Fa No, 231-775-0817 123 N Mitchell St P.O.B.389 E-MAIL Cadillac, MI 49601 ADDRESS: Pete Suminski � ���� INSURERS AFFORDING COVERAGE NAIC N �p INSURER A:Auto Owners Insurance Company 18988 INSURED Dixon Engineering IncpUI3L}C ERB:Travelers Insurance 25674 _ William Dixon SEPT OF W}S9CO ERC:US Specialty Ins Co 29599 €, 1104 3RD Ave OSH}�OSH, INSURER D: " Lake Odessa,MI 488494191 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 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. ADD S BR POLICY EFF POLICY EXP LIMITS I�TH TYPE OF INSURANCE POLICY NUMBER MMID MMIDD EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY occuR 300 000 X X 33007656 11!0112016 1110112017 PREMISES Ea occurrence $ CLAIMS-MADE 10,000 X XCU MED EXP(Any one person) $ _ PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 2,000,000 PRODUCTS-COMP/OP AGG $ POLICY N JEC N LOC $ OTHER: COMBINED SINGLE LIMIT $ 1,000,000 AUTOMOBILE LIABILITY Ea accident A X ANY AUTO X X 9536751602 07/0112016 0710112017 BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON OWNED PROPERTY DAMAGE $ Per accident HIRED AUTOS AUTOS $ EACH OCCURRENCE $ 5,000,000 X UMBRELLA LIAB X OCCUR A EXCESS LIAB CLAIMS-MADE X 9536751603 11/0112016 11/01/2017 AGGREGATE $___, _ DED X RETENTION$ waived $ WORKERS COMPENSATION X STATUTE X ER H AND EMPLOYERS'LIABILITY 6JUB5B53814 10/13/2016 1011312017 E.L.EACH ACCIDENT $ 1x000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑ NIA 1,000000 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ _,. r (Mandatory in NH) 1 000 000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ r DESCRIPTION OF OPERATIONS below i'0001000 C Professional Liab USS1626876 07/0112016 07/01/2017 Ea.Claim $30,000 DEDUCTIBLE Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) When required by contract or written agreement,City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers are included as Additional Insureds on the Commercial General Liability,Auto Liability and Excess Liability policies.30 Day cancellation notice is afforded under the Commercial General Liability Policy. CERTIFICATE HOLDER CANCELLATION CIOS001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oskosh ACCORDANCE WITH THE POLICY PROVISIONS. Dept of Public Works Tracy Taylor AUTHORIZED REPRESENTATIVE D P.O. Box 1130 7t� '//� t.�-rl�� Oshkosh,WI 54130-1130 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD Auto-Owners Insurance Company COMMERCIAL GENERAL LIABILITY 55373 (1-07)Z THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM, AThis insurance is primary for the Additional A. Under SECTION II -WHO IS AN INSURED, the following is added: Insured, but only with respect to liability arising out of"your work"for that Additional Insured by or for you. Other insurance available to the A person or organization is an Additional Insured, Additional Insured will apply as excess only with respect to liability arising out of"your work" insurance and not contribute as primary for that Additional Insured by or for you: insurance to the insurance provided by this 1. If required in a written contract or agreement; or endorsement. 2. If required by an oral contract or agreement only 2. The following provision is added: if a Certificate of Insurance was issued prior to Other Additional Insured Coverage Issued By the loss indicating that the person or Us organization was an Additional Insured. B. Under SECTION III -LIMITS OF INSURANCE,the If this policy provides coverage for the same following is added: loss to any Additional Insured specifically shown as an Additional Insured in another endorsement The limits of liability for the Additional Insured are to this policy, our maximum limit of insurance under this endorsement and any other those specified in the written contract or agreement endorsement shall not exceed the limit of between the insured and the owner, lessee or insurance in the written contract or agreement contractor or those specified in the Certificate of between the insured and the owner, lessee or Insurance, if an oral contractor agreement, not to contractor, or the limits provided in this policy, exceed the limits provided in this policy. These whichever is less. Our maximum limit of limits are inclusive of and not in addition to the limits insurance arising out of an"occurrence", shall of insurance shown in the Declarations. not exceed the limit of insurance shown in the Declarations, regardless of the number of C. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended as follows: insureds or Additional Insureds. 1. The following provision is added to 4. Other All other policy terms and conditions apply. Insurance: Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Pae 1 of 1 55373 (1-07)Z Copyright Insurance Services Office, Inc., 1984, 2003. g