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HomeMy WebLinkAbout48. Engineering Services Agreement for 2018 Wetland Determination & Delineation ServicesCity Oshkosh MEMORANDUM DATE: January 18, 2018 TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager� RE: Engineering Services Agreement with Bates Soil & Water Testing Services, Inc. / 2018 Wetland Determination and Delineation Services ($30,000) The Department of Public Works requested a proposal from Bates Soil & Water Testing Services, Inc. (Bates) for wetland determination and delineation services for the 2018 calendar year. These services would be provided on an as -needed basis. Bates was chosen because of their knowledge of the City, vast experience with this type of work, and Brian Bates' status as a Wisconsin Department of Natural Resources' Assured Delineator. The cost of these services is estimated not to exceed $30,000, and will be funded through the appropriate sections of the 2018 Capital Improvement Program. Project Authorizations will be prepared for each request for services that will define the scope of services and budget to be adhered to for those services. Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. In accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this engineering services agreement. Please contact me if you have any questions concerning this engineering services agreement. MAR/jer L\ Engineering \ 2018 CONTRACTS \ Bates 2018 Wetland Delin \ Bates CC Memo -2018 Serv_1-18-18.docx AGREEMENT This AGREEMENT, made on the day of n�a� 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter 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: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for 2018 WETLAND DETERMINATION AND DELINEATION SERVICES. ARTICLE I. PROTECT 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. 1:\ Engineering\ 2018 CONTRACTS\Bates 2018 Wetland Delin\Bates Agreement_12-29-19.doo Page 1 of 6 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 become the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to the 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. The 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. The 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 individual Project Authorization forms. L\ Engineering \2018 CONTRACTS\Bates 2018 Wetland Delin\Bates Agreement_12-29-17.d— Page 2 of 6 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 2. Individual Project Authorization Form 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 mutually agreed upon in writing by the parties hereto: • Not to Exceed Contract Amount of $30,000 (Thirty Thousand Dollars). Individual budgets for each project will be negotiated and specified on each Project Authorization form. 1:\Engineering\2018CONTRAM\Bates 2018 Wetland Delin\ Bates Agreement_12-29-17.doa Page 3 of 6 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 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 the 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 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. I:\Engineering\2018 CONTRACTS\Bates 2018 Wetland Delin\Bates Agreement_12-29-17.docx Page 4 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 PROTECT 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. 1:\Engineering\2018 CONTRAC7S\Bates 2018 Wetland Delin\Bates Agreement-12-29-17.do" 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) CONSULTANT M Ow.vE� (Specify Title) (Specify Title) CITY OF OSHKOSH By: Mak A. Rohloff, City Manager And: -� Pamela R. Ubrig Y , Cit Cle k I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. AG &.L� City Comptroller I:\Engineering\2018 CONTRACTS\Bates 2018 Wetland Delin\Bates Agreement_12-29-17.doa 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: ohn Ferris, P.E. Authorized Representative Name Date: 1:\ Engineering\ 2018 CONIRACFS\Bates 2018 Wetland Delin\Bates Blank Proi Auth Page 1 Of 1 Fonn 12-29-17.docx