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Home My WebLink AboutBates Soil & Water Testing 2018 wetland determination & delineationl 5N:il AGREEMENT -- f �- This AGREEMENT, made on the LL day of 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter rAfkrrpd 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: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for 2018 WETLAND DETERMINATION AND DELINEATION SERVICES. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Brian D. Bates, P.S.S. — Licensed Professional Soil Scientist B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: John Ferris, P.E. — Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide wetland delineation services upon request. A separate scope of work and budget will be developed for each Project Authorization. A sample Project Authorization form is attached to this AGREEMENT. C\ Engineering \2018 CONTRACCS\Bates 2018 Wetland Delin\ Bates Agreement_12-29-17.docx Page 1 of 6 { Certificates of Insurance acceptable to the CITY shall be submitted to the Engineering Division of the Department of Public Works prior to the commencement of the work. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled or non -renewed until at least 30 days prior written notice has been given to the City Clerk of the City of Oshkosh. ARTICLE XII. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGREEMENT, the CITY shall have the right to terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (10) calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this AGREEMENT. ARTICLE XIII RE -USE OF PROJECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of the 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 the 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 the CONSULTANT for the convenience of the CITY. In such event, the CONSULTANT's contract price and schedule shall be equitably adjusted. L\ Engineering \ 2018 CONTRACTS \ Bates 2018 Wetland Delin \ Bates Agreement_12-29-17.docx Page 5 of 6 ARTICLE XV. NO THIRD -PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and the CONSULTANT and has no third -party beneficiaries. In the Presence of: (Seal of Consultant if a Corporation) (Witness) (Witness) APPROVED: 4trney CONSULTANT By:- Ow.vE�P (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: �'� Mark A. Rohloff, City Manager l And: Pamela R. Ubrig, City erk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. 'R( &gym City Comptroller I:\Engineering\2018 CONTRACTS\Bates 2018 Wetland Delin\Bates Agreement_12-29-17.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 Contract 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 . This Project Authorization shall be effective only upon date of signature of an authorized representative of the City of Oshkosh. Bates Soil & Water Testing Services, LLC City of Oshkosh Department of Public Works Authorized Representative Signature Authorized Representative Signature Authorized Representative Name Date: John Ferris, P.E. Authorized Representative Name Date: L\ Engineering\ 2018 CONTRACTS\Bates 2019 Wetland Delin\Bates Blank Proi Auth Page 1 of 1 Fonn 12-29-17.docx CERTIFICATE OF LIABILITY INSURANCE DATE o1/o /2° e"' 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(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 Fuhrman Insurance Unlimited, Inc. RECEIVED 10503 Northwestern Avenue CONTACT Jud Jur ens NAME:PHOY 9 WQ- N . (262) 886-0800 AI No : (262) 886-1000 Franksville, WI 53126 218 E -"NUL Judy@fuhrmaninsurance.com ADDRESS' Y@ INSURE .S AFFORDING COVERAGE "Go ' JAN r SURERA: State Auto Insurance Company INSURED Bates Soil& Water Testing ServiC"h-ij0.T OF PUBLIC Norton County Crest Circle OSHKOSH, W 1SCONSI Hortonville, WI 54944 INsuRERe: SOCIETY INSURANCE COMPANY INSURERC: INSURER D : INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: RFVISIAN NHMRFR- 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 LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF MMfDD P LICYEXP MMIDD LIMITS A GENERAL LIABILITY SOC2468912 05/15/2017 05/15/2018 EACHOCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY- CLAIMS -MADE M OCCUR M 100,000 PREMISES Ea occurrence $ MED EXP (Anyone arson) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEMLAGGREGATE LIMITAPPLIESPER, PRODUCTS - COMP/OPAGG $ 2,000,000 POLICY PRO LOC $ A AUTOMOBILE LIABILITY BAP2223586 05/15/2017 05/15/2018 COMBINED SINGLE1,000,000 Ea accident BODILY INJURY (Per person) $. ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS NOM -OWNED HIRED AUTOS AUTOS P BODILY INJURY ereccidant ( ) $ PROPERTY DAMAGE (Per accident) $ A UMBRELLALIAB HCLAIMS-MADE OCCUR SOC2468912 05/15/2017 05/05/2018 EACH OCCURRENCE $ 2,000,000 EXCESS LIAR AGGREGATE $ DED RETENTION $ $ b WORKERS COMPENSATION WP16024507 07/26/2017 07/26/2018 wcsTATu- DTH - AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? El N/A E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 (Mandatory In NH) !fy S describe under DEtSLRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space 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. THSE CERTIFICATES SHALL CONTAIN A PROVISION THAT COVERAGE AFFORDED UNDETR THE POLICIES WILL NOT BE CANCELLED OR NONRENEWED UNTILAT LEAST 30 DATYS PRIOR WRITTEN NOTICE HAS BEEN GIVEN TO THE CITY CLERK - CITY OF OSHKOSH CERTIFICATE HOLDER CANCELLATION City of Oshkosh PO Box 1130 Oshkosh, WI 54903-1130 ACORD 26 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ®1988-2010 ACOPffCORPOR�IPN. All rights reserved. The ACORD name and logo are regi red marks of ACORD me61%TKAUTO' Insurance ,Companies SOC 9468912 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OP CANCELLATION SCHEDULED PARTY This endorsement modifiJ ew insurance_ provided under the following: RECEIVED comm8kcx AUTOMOBILE COVERAGE PART COMMERCIAL. 015NERAL LIABILITY'COVERAGE PART JAN — 9 2018 COMMERCIALWAD, MARINE POLICY COMMERCIAL PROPERTY COVERAGE! PART DEPT OF PUBLIC WORKS CRIME; AND. FIDELITY WV9RAM PART OSHKOSH, WISCONSIN 1301NESWWNERS SPECIAL PROPERTY COVERAGE FORM EMPLOYMENT PRACTICES :LIABILITY INSURANCE: COVERAGE 'FORM LIQUOR LIABILITY GOVERAdE PAR, OWNERS. AND CONTRACTORS PROTECTIVE. LIABILITY COVERAGE PART PART 'W GIE PRODUCT WITHDRA AL COV58A PRODUCTSICOMPLETED OPERATIONS: LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIA8,11,11TY, COVERAGE PART' SCHEDULE A. We Will mail the:designated I person or org.dhIxdtIoji In'the Sebedule above at lea'st. 30 days' advance notice or the number of days! advance notice shc4n In the &h.edule above if. we cancel lor nonrenew this policy for any reason -other than. nonpayment of premium; subjectto: statutorily permitted reasons, B. 'Wo will mail the designated person or organisation in the Sq4adule. above at 149st, 10, days`advo-nee notice if we cancel this Policy r nonpayment of premium;. or C. :The person or organization shown in the Scheduleabove will be MalMc0nfIM1ftfion.If you cancel this policy for, any reason. In" no event WIll the action or WIN of,thenamed insured's election to cancel or modify A the terms of this policy serve to extend the policy: beyond the m0rdon date shown In the Dedargliongi FallUre to mail such notice Shall -impose no obilgilion or liability of :90Y kind upon the company; its agenilk or representatives. 81 10 20 .08 10 Page, I of I • fnclud6s: 0INT11htod motatlid of insurance. Services 0 lac:, Ino:, iWith its permission wl� W.0 Nirne: CITY OF 081HKOSH DEPARTMENT: OF 2. Address.., PUBLIC WORK 8 11.5 CHURCH AVENUE OSHKOSH, VVI 64902 '�t onal Notificattion.. days Information required to complete this Schedule, if not shown above,. will I he :shown In the Declarations.' A. We Will mail the:designated I person or org.dhIxdtIoji In'the Sebedule above at lea'st. 30 days' advance notice or the number of days! advance notice shc4n In the &h.edule above if. we cancel lor nonrenew this policy for any reason -other than. nonpayment of premium; subjectto: statutorily permitted reasons, B. 'Wo will mail the designated person or organisation in the Sq4adule. above at 149st, 10, days`advo-nee notice if we cancel this Policy r nonpayment of premium;. or C. :The person or organization shown in the Scheduleabove will be MalMc0nfIM1ftfion.If you cancel this policy for, any reason. In" no event WIll the action or WIN of,thenamed insured's election to cancel or modify A the terms of this policy serve to extend the policy: beyond the m0rdon date shown In the Dedargliongi FallUre to mail such notice Shall -impose no obilgilion or liability of :90Y kind upon the company; its agenilk or representatives. 81 10 20 .08 10 Page, I of I • fnclud6s: 0INT11htod motatlid of insurance. Services 0 lac:, Ino:, iWith its permission wl� W.0 1 MOBDEC SOC 2468912 09 03/07/2017 F1X BATE CPP` R 48FUHR0040115 054044 j STATE AUTO® Insurance Companies SOC 2468912 09 ADDITIONAL INTERESTS/INSUREDS COMMERCIAL GENERAL LIABILTY OTHER INTERESTS TYPE LOC/BLDG ANI INCORPORATED Designated Person or Organization 111 S GARFIELD AVENUE j HINSDALE, 1L 60521 CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE OSHKOSH, WI 54902 HALLMARK CUSTOM HOMES PO BOX 201 HORTONVILLE, WI 54944 TOWN OF NEENAH 1648 S PARK AVE NEENAH, WI 54956 MCMAHON & ASSOCIATES INC 1445 MCMAHON DR NEENAH, WI 54956 ANI I NCOPORATED 111 S GARFIELD AVEVUE HINSDALE, IL 60521 Issue Date 03/07/2017 10:46:42 AM Notice of Cancellation - Scheduled Party Owners, Lessees, or Contractors Owners, Lessees, or Contractors Owners, Lessees, or Contractors Owners, Lessees, or Contractors 5 `Lp18 JPN C" �)qN ' p `S Og1� SL 50 01 (01104) Page 006 of 006 0022222 "41111 025-O 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 RECEIVED This endorsement modifies insurance provided under the following: JAN COMMERCIAL GENERAL LIABILITY COVERAGE PART DEPT OF PUBLIC WORKS SCHEDULE OSHKOSH, WISCONSIN Name Of Additional Insured Person(s) Or Organization(s): Location(s)-Of Covered Operations CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL ALL WORK PERFORMED MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. 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 damage" or "personal and advertising injury' caused, in whole or in part, by: Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply. This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 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. CG 2010 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 13