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HomeMy WebLinkAboutProfessional Service Industries Construction Materials Testing 2018 CIP13W5 AGREEMENT This AGREEMENT, made on the ) � day of rC�L 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and PROFESSIONAL SERVICE INDUSTRIES, INC., 608 North Stanton Street, Ripon, WI 54971-1182, 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 CONSTRUCTION MATERIALS TESTING SERVICES FOR 2018 CAPITAL IMPROVEMENT PROJECTS. ARTICLE I. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Patrick Bray — Branch Manager 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: Justin Gierach, P.E. — Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CITY'S Request for 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. I:\Engineering\ Density Testing\2018\Contract\ PSI Agreement_2-22-18.docx Page 1 of 7 All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documents by the CITY to the CONSULTANT, and shall remain the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re -perform any services not meeting this standard without additional compensation. ARTICLE V OPINIONS OF COST FINANCIAL CONSIDERATIONS, AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no 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 the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. 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 VII. 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. I:\Engineering\ Density Testing\ 2018\ Contract\ PSI Agreement_2-22-18.docx Page 2 of 7 ARTICLE VIII. 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. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE IX. CITY'S INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY 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 CITY -furnished equipment and/or materials associated with CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of such policy. ARTICLE X. 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 CITY's Request for 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 I:\Engineering\ Density Testing \2018\ Contract\ PSI Agreement_2-22-18.docx Page 3 of 7 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 XI. 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. CITY's Request for Proposal dated February 9, 2018 and attached hereto 3. CONSULTANT's Proposal dated February 19, 2018 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 XII. 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: • Time and Materials Not to Exceed $74,587.50 (Seventy Four Thousand Five Hundred Eighty Seven Dollars and Fifty Cents). • 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. IAEngineering\Density Testing\2018\ Contract\ PSI Agreement 2-22-18.docx Page 4 of 7 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 XIII. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify the CITY for all sums including court costs, attorney fees, and damages of any kind which the CITY may be obliged or adjudged to pay on any such claims or demands upon the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re -use of 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 XIV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. I:\Engineering\ Density Testing\2018\Contract\ PSI Agreement_2-22-18.docx Page 5 of 7 ARTICLE XV. 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 XVI. 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 XVII. 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\Density Testing\2018\Contract\ PSI Agreement_2-22-18.docx Page 6 of 7 ARTICLE XVIII. 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: (Seal of Consultant if a Corporation) (Witness) (Witness) APPROVED: 4ttvorney CONSULTANT By: (Specify Title) By: (Specify Title) CITY OF OSHKOSH i By: 1z, - ( it ar ger And: Pamela R. Ubrig, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. -An-"T, City Comptroller I:\Engineering\ Density Testing\ 2018\ Contract\ PSI Agreement_2-22-18.docx Page 7 of 7 City o� Oshkosh February 9, 2018 Patrick Bray Professional Service Industries 608 North Stanton Street Ripon, WI 54971-1182 E -Mail: patrick.bray@psiusa.com RE: Request for Proposals for Construction Materials Testing Services for 2018 Capital Improvement Projects Dear Patrick: The City of Oshkosh (City) is hereby requesting proposals be submitted for Construction Materials Testing services related to the City's 2018 Capital Improvement projects. The services requested are providing nuclear density testing services of utility trench backfill, laboratory testing, and other field testing of these materials, as necessary. The proposal shall include, at a minimum: related project experience; planned project team and resumes; laboratory testing, standard asphalt testing, other construction testing, and engineering fee schedules, and a breakdown of costs, as requested in the enclosed Scope of Services. The proposals will be reviewed for completeness and how well it is demonstrated the needs of the City can be met. The award of this work will not be based solely on cost of the proposal. Questions regarding this request for proposal shall be emailed to me at.jgierach@ci.oshkosh.wi.us (with the subject heading of "2018 CIP Construction Materials Testing RFP Questions") by 12:00 noon on Wednesday, February 14, 2018. The questions and appropriate responses will be distributed to all parties receiving this Request for Proposals by 4:30 p.m. on Thursday, February 15, 2018. Please submit four (4) copies of the proposal to Tracy Taylor no later than 12:00 noon on Monday, February 19, 2018. It is anticipated the award of this agreement will be made by Tuesday, February 27, 2018. Please ensure you have the proper insurance paperwork, so the award is not delayed. 1:\Engineering\Density Testing\2018\RFP \PSI Cover Ltr_2-9-18.docx Page 1 of 2 City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us Enclosed with this letter are copies of the Scope of Services, Proposal Cost Breakdown, Standard Engineering Services Agreement, and Professional Services Liability Insurance Requirements. The information contained within these enclosures shall become a part of the agreement with the Consultant selected to perform the Services. If you have any questions, please do not hesitate to contact us. Sincerely, ustin Gierach, P.E. Civil Engineering Supervisor JG/t1t Enclosures cc: James Rabe, P.E., CPESC, Director of Public Works Steven M. Gohde, P.E., Assistant Director of Public Works File I:\Engineering\ Density Testing\2018\RFP \PSI Cover Ltr_2-9-18.doc Page 2 of 2 SCOPE OF SERVICES CONSTRUCTION MATERIALS TESTING SERVICES 2018 CAPITAL IMPROVEMENT PROGRAM This Agreement is to provide utility nuclear density testing services of utility trench backfill, laboratory testing, and other field testing of these materials as necessary. Responsibilities include providing qualified timely response, daily coordination and communication with contractors and city staff, and prompt professional reporting of test results. 1. Background A. The following City projects are planned to be covered under this Agreement: 1. Contract 17-13 - Westowne Detention Basin 2. Contract 18-04 - Paving, Sidewalk, Driveway, and Utilities/First Local Concrete Paving Program - Court Street, Otter Avenue, and Washington Avenue a. Court Street - Lake Winnebago to Washington Avenue b. Otter Avenue - State Street to Broad Street c. Washington Avenue - North Main Street to Broad Street d. Osceola Street - Pearl Avenue to 115' southwest of High Avenue e. Otter Avenue Parking Lot f. State Street Parking Lot 3. Contract 18-05 - Paving, Sidewalk, Driveway, and Utilities/Second Local Street Concrete Paving Program - Oregon Street a. Oregon Street - Fox River to West 8th Avenue (Storm and Misc. Utility Relay) b. Oregon Street - West 8th Avenue to West 16th Avenue 4. Contract 18-12 - Water Main Relay a. Columbia Avenue - Algoma Boulevard to Vinland Street b. Roosevelt Avenue - Hamilton Street to cul-de-sac east of Crane Street c. Minerva Street - Dead end south of Columbia Avenue to Linwood Avenue 5. Contract 18-13 - Sanitary Sewer & Lateral Relay & Miscellaneous Utility Repair a. Punhoqua Street - Maple Avenue to Rainbow Drive b. Graham Avenue - Fox Street to North Eagle Street c. Fox Street - Graham Avenue to Sawyer Creek d. Buchanan Avenue - North Eagle Street to Sawyer Creek e. North Eagle Street - Maple Avenue to Sawyer Creek f. Maple Avenue - Punhoqua Street to North Eagle Street 1:\ Engineering \Density Testing\ 2018 \ RFP\Scope of Services_2-9-18.docx Page 1 of 7 g. Hawk Street — Buchanan Avenue to Sawyer Creek h. Vine Avenue Storm Outfall 6. Contract 18-20 — Storm Sewer Laterals/Various Locations a. Various Locations throughout the City 7. Contract 18-22 — Oshkosh Avenue / Westfield Street Redevelopment B. The 2018 Capital Improvement Program is subject to change. Projects may be added or deleted based on the needs of the City. Work listed throughout this Request for Proposal (RFP) is not guaranteed. The City reserves the right to send out additional RFPs. 2. Testing and Reporting A. All tests and reports shall be in conformance with the latest ASTM Standards. The selected consultant will be responsible for providing all necessary forms for labeling of samples and documentation of test results. Test results shall include the location, sample number, and be separated per City Contract number. B. Soils and Aggregate Testing Provide the necessary labor and equipment for onsite nuclear density testing of utility trench backfill and associated laboratory material testing. Specifications will be based on the current edition of the Standard Specifications for City of Oshkosh, Wisconsin and each contract's Special Conditions. The testing firm shall obtain all test samples from construction sites throughout the City and may be required to obtain samples from various source sites. At a minimum, keep all lab samples until the end of each contract. Nuclear density testing will be performed on an as -needed basis, dependent on each contractor's schedule. As a reference, based on past years, a field density testing technician was required almost daily throughout the construction season. It is the testing firm's responsibility to verify the Contractor's schedule and to coordinate with the City's Inspectors/Engineers daily. This year's season is anticipated to commence in mid- March and continue through October. Nuclear density tests shall be located by project station, elevation, and utility trench type. The density testing technician shall notify the City Inspector and appropriate contractor of all failing tests. Failing areas shall be re -compacted and re -tested until passing results are achieved. All tests shall be documented. 1:\Engineering\Density Testing\2018\RFP\ Scope of Services_2-9-18.docx Page 2 of 7 In addition to the utility trench density testing, assist the City Inspector on inspection of backfilling operations per the current edition of the Standard Specifications for City of Oshkosh, Wisconsin. Work with the Contractor by providing ideas and methods of improving compaction, if necessary. C. Reporting 1. Technician Daily Reports a. Technicians will be required to document their activities through a daily report. These reports shall include the date, a detailed summary of the activities taking place for which they are inspecting/testing, the technician's arrival and departure times, and other pertinent information as is standard with this type of reporting. There shall be a separate daily report for each City contract worked on that day. Daily reports can be hand written, but must be legible. The technician shall document any observations, conversations, suggestions, etc. during the construction site visit. 2. Material Test Reports a. Material test results shall be emailed in pdf format to the City Project Engineer within forty-eight (48) hours of notification of sample pick-up, unless the lengths of the test dictate otherwise. 3. Summary Reports a. Monthly testing summary reports during construction shall include a written summary; any material test results from that time frame; an updated, typed compaction results log; and the technician's daily field reports. All reports shall be signed by the appropriate signing authority of the selected firm and the project manager. Separate reports shall be generated for each City contract should multiple projects occur during the same time interval. The monthly summary reports shall be submitted in conjunction with the contract's respective invoice. A final report shall be prepared upon the completion of each individual City contract. b. All reports shall be typed in a professional manner according to industry standards and can be e-mailed to the City Project Engineer in pdf format. 4. Periodic Updates a. Additional e-mail correspondence or summary reports may be necessary depending on certain situations. The testing firm's project manager shall notify the City Project Engineer of any issues throughout construction. 1:\Engineering\ Density Testing\2018\RFP\ Scope of Services-2-9-18.docx Page 3 of 7 3. Proposal Cost Breakdown A. The Proposal Cost Breakdown sheet shall be filled out and included in the Proposal. B. A description of each item is as follows: 1. Roundtrip Charge — includes the technicians travel time and mileage to and from the City each day services are required. The roundtrip charge shall also include any office time required by the technician prior to or after the day's field activities. 2. Field Time — includes all necessary labor costs while testing in the City including travel time between various projects. Travel time shall be split equally between projects and documented in their respective daily report. The City Inspector shall be notified upon arrival to and departure from the contract project site per visit. The City Project Engineer shall be notified by phone upon arrival to and departure from the City per trip. The field time hourly rate will apply, even if overtime is worked by the technician. Some overtime is expected due to the tight construction windows placed upon the contractors. 3. Equipment Rental — includes all necessary rental charges for equipment and materials used in the performance of the testing requirements. 4. Vehicle Rental — includes vehicle rental charges while in the City of Oshkosh. Mileage traveling between projects throughout the day will not be considered. Vehicle costs incurred while traveling to and from the City shall be covered under the Roundtrip Charge. Rental time shall match the technician's onsite field time for that day. 5. Sieve Analysis of Aggregate — includes all necessary labor and equipment to provide a sieve analysis per the latest ASTM standards and to compare with the contract's material specifications. Cost to also include report generation and distribution to City and contractor personnel. 6. Modified Proctor Density Test (aggregate) — includes all necessary labor and equipment to provide a modified proctor density test of aggregate per the latest ASTM standards. Cost to also include report generation and distribution to the City. 7. Trench Backfill Testing Reports — includes all necessary labor and material costs to provide monthly summary reports. Reports to include a written engineering summary, material test results, an updated running log of the compaction results, and the technician's daily field reports for the respective period. t\Engineering\ Density Testing\2018\RFP\ Scope of Services_2-9-18.docz Page 4 of 7 8. Engineer Consultation — professional engineer's (geotechnical and materials background required) labor rate, should services be requested for consultation or to attend any meetings. Engineer consultation time should only be used with approval from City Project Engineer. 9. Project Manager — City -approved project manager's (geotechnical and materials background required) labor rate. This Agreement will allow up to a total of 2.5 hours per week without prior approval from the City for project coordination, scheduling, and other duties as necessary. This person will be asked to attend the Contractor's Pre -Construction Meetings and will be paid according to this hourly rate. Additional time per week for normal project management shall be considered incidental to the Agreement. 10. Response Time — time it will take the Consultant to mobilize a technician from the home office to a particular construction site in the City, if notified by the City or Contractor their presence is required. An important factor in the selection of the Consultant is their ability to be responsive should their services become necessary on short notice. 4. Additional Information A. The technician will be required to be on site on an as -needed basis, per the Contractor's schedule and/or at the City's request. Typically, a technician will not be on site every hour contractors are working, but rather during backfilling operations. B. There are times when an additional technician may be needed. This would primarily be during asphalt paving operations or during clay liner installation that take place concurrently with multiple utility projects. 5. Additional Proposal Requirements A. In addition to the requirements listed throughout this RFP, each respondent shall include the following: 1. Prepare a summary of the firm's understanding of this Proposal. 2. Provide a brief description of the respondent's organization. 3. List the planned project team and their respective resumes including relevant experience and training. Specifically provide the names/titles of personnel assigned to each task including the Project Manager. It is required the proposed technician have previous experience with utility trench construction. It is desired C\Engineering\Density Testing\2018\RFP\ Scope of Services_2-9-18.docx Page 5 of 7 to have a mid- to senior -level technician. Should the need arise for a replacement technician during the season, the City Project Engineer shall be notified for prior approval. Include names and resumes of any potential replacement technicians in the Proposal. 4. Provide a list of recent projects of a similar nature and capacity in which the respondent has been involved. 5. Furnish a list of at least three (3) references that will be able to verify information supplied in the Proposal. B. The Proposal shall also include fee schedules for laboratory testing, including additional testing required for clay liners per the Wisconsin Department of Natural Resources Technical Standard 1001; standard asphalt testing; various levels of engineering rates; and other construction testing services not covered specifically in this Proposal. 6. Invoices A. The Consultant shall submit itemized monthly statements for services. Separate invoices are required per City contract. Invoices shall be emailed to the City Project Engineer within one (1) week after the end of the previous calendar month. Required back-up information is as follows: 1. Monthly reports shall be utilized as back-up documentation. Time periods on the monthly reports and the invoices shall be the same. 2. For any approved consultation or additional project management time, include the date, a description of the discussion and/or activity and the name of the City staff person and the Consultant's staff involved in the discussion. B. Additional invoicing and payment requirements are stated in the Agreement Form. 7. Agreement Award A. The Agreement will be awarded on a time -and -materials basis, with a not -to -exceed total. Changes to the Agreement will be completed per the requirements set forth in the City's Agreement document. Indicated quantities in this RFP are only an estimate and are not guaranteed. B. By providing a signed Proposal, the respondent is acknowledging they will work solely under the terms and conditions of the City and, if selected, will provide L\ Engineering \Density Testing\ 2018 \ RFP \Scope of Services_2-9-18.docx Page 6 of 7 insurance documents according to the attached requirements with the signed Agreements within one (1) week after receiving the official agreement paperwork from the City. Besides prior negotiated agreements between the Consultant and the City, a consultant's terms and conditions will not be accepted as part of the Agreement. C. The information contained within the signed Agreement form, the RFP with its attached documents, and the Consultant's Proposal shall become a part of the Agreement with the Consultant selected to perform the services. D. The Proposals will be reviewed for completeness and how well it is demonstrated that the needs of the City of Oshkosh can be met. The award of this work will not be based solely on cost of the Proposal, but will place high value on the ability to provide timely responses and on technician experience with this type of work. 8. Project Schedule A. It is anticipated the City will make the selection by Thursday, February 22, 2018. Construction is scheduled to begin on or around March 19, 2018. The Agreement will terminate December 31, 2018 or upon the completion of any testing project started in 2018. The City maintains the right to terminate the Agreement if the Consultant does not respond as stated in the accepted Proposal. 9. Method of Response A. As stated in the e-mail, questions regarding this RFP shall be emailed to jgierach@ci.oshkosh.wi.us by 12:00 p.m. on Wednesday, February 14, 2018. The subject heading of the e-mail shall be "2018 CIP Construction Materials Testing RFP Questions". The questions and appropriate responses will be distributed to all parties receiving this RFP by 4:30 p.m. on Thursday, February 15, 2018. B. Please submit four (4) hard copies with original signatures of the Proposal to Tracy Taylor no later than 12:00 p.m. on Monday, February 19, 2018. Proposals may be delivered or mailed to: Tracy Taylor Department of Public Works City of Oshkosh 215 Church Avenue, Room 301 PO Box 1130 Oshkosh, WI 54903-1130 1:\Engineering\ Density Testing\ 2018 \ RFP \Scope of Services_2-9-18.docx Page 7 of 7 CITY OF OSHKOSH PROPOSAL COST BREAKDOWN CONSTRUCTION MATERIALS TESTING SERVICES 2018 CAPITAL IMPROVEMENT PROGRAM ITEM DESCRIPTION UNIT EST. QTY. BID UNIT PRICE BID TOTAL PRICE 1. Roundtrip Charge Each 175 $ $ 2. Field Time Hour 1,350 $ $ 3. Equipment Rental Hour 1,350 $ $ 4. Vehicle Rental Hour 1,350 $ $ 5. Sieve Analysis of Aggregate Each 20 $ $ 6. Modified Proctor Density Test (aggregate) Each 15 $ $ 5. Trench Backfill Testing Reports Each 40 $ $ 7. Engineer Consultation Hour 15 $ $ 8. Project Manager Hour 75 $ $ TOTAL $ RESPONSE TIME TO SITE hours 1:\ Engineering \Density Testing\2018\RFP\ Proposal Cost Breakdown_2-9-18.docx Page I of I AGREEMENT This AGREEMENT, made on the day of , 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CONSULTANT'S NAME address 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 CONSTRUCTION MATERIALS TESTING SERVICES FOR 2018 CAPITAL IMPROVEMENT PROJECTS. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Name — Title 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: Justin Gierach, P.E. — Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CITY'S Request for 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. 1:\Engineering\ Density Testing\ 2018\RFP\ Sample Current Agreement Form_2-9-18.docx Page 1 of 7 All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documents by the CITY to the CONSULTANT, and shall remain the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re -perform any services not meeting this standard without additional compensation. ARTICLE V. OPINIONS OF COST FINANCIAL CONSIDERATIONS, AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no 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 the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. 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 VII. 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. 1:\Engineering\Density Testing\2018\RFP\ Sample Current Agreement Form_2-9-18.docx Page 2 of 7 ARTICLE VIII. 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. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE IX. CITY'S INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY 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 CITY -furnished equipment and/or materials associated with CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of such policy. ARTICLE X. 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 CITY's Request for 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 (:\Engineering\ Density Testing\2018\RFP\ Sample Current Agreement Form_2-9-18.docx Page 3 of 7 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 XI. 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. CITY's Request for Proposal dated February 9, 2018 and attached hereto 3. CONSULTANT's Proposal dated 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 XII. 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: • Time and Materials Not to Exceed $ ( 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. L•\Engineering\Density Testing\2018\RFP\ Sample Current Agreement Form_2-9-18.docx Page 4 of 7 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 XIII. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify the CITY for all sums including court costs, attorney fees, and damages of any kind which the CITY may be obliged or adjudged to pay on any such claims or demands upon the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re -use of 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 XIV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. 1:\ Engineering\ Density Testing\2018\RFP\ Sample Current Agreement Form_2-9-18.doa Page 5 of 7 ARTICLE XV. 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 XVI. 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 XVII 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. L•\ Engineering \Density Testing\2018\RFP\ Sample Current Agreement Form_2-9-18.docx Page 6 of ARTICLE XVIII. 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: (Seal of Consultant if a Corporation) (Witness) (Witness) CONSULTANT in in (Specify Title) (Specify Title) CITY OF OSHKOSH in And: Mark A. Rohloff, City Manager Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. City Attorney City Comptroller h Engineering\ Density Testing\2018\RFP\ Sample Current Agreement Form_2-9-18.docx Page 7 of 7 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 isrip mare 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 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: A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol #1 - "Any Auto" — including Owned, Non -Owned and Hired Automobile Liability. 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 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 Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for 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 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. III - 2 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDYYY) I 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 Insurance Agency contact CONTACT NAME: information, including street --�'-"'----'----`------ Insurance Agent's ---'FAX ------_---- PHONE address and PO Box if contact information. (AIC. No. Ext) i (AIC. No) applicable. ...._......... _. _ E-MAIL _.. ....___ ........... .. GENERAL AGGREGATE $ 2,000,000 ADDRESS: INSURER(5) AFFORDING COVERAGE NAIC # ❑.POLICY Z.PROT- ❑:LOC ... _.._. - $ INSURERA: ABC Insurance Company NAIL# INSURED Insured's contact information, INSURER B: XYZ Insurance Company NAIC # including name, address and ,._ - _ phone number. INSURERC— LMN Insurance Company __ NAIC # INSURER D: Insurer(s) must have a minimum A.M. Best rating of A- :BODILY INJURY (per accident) $ .__....____._.._.-...__._._,..._.... and a Financial Performance Rating of Vl or better. AM INSURER E: ;(Per accident) $ 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. SAMPLE CERTIFICATE INSR ADDL SUER POLICY EFF —`. POLICY EXP PO Box 1130 LTR' TYPE OF INSURANCE - INSR WVD POLICY NUMBER MMIDDIYYY MMIDD/YYY I LIMITS GENERAL LIABILITY BEACH OCCURRENCE $ 1 000,000 ®`COMMERCIAL GENERAL LIABILITY ® 1:1General Liability Policy Number Policy effective and expiration date. ; DAMAGE TORENTED !PREMISES (Ea occurrence) $ 50,000 A ❑ CLAIMS -MADE ®;OCCUR MED EXP (Any one person) $ 5,000 ® ISO FORM CG 20 37 OR EQUIVALENT. - PERSONAL 8 ADV INJURY ! $1,000,000 ❑' { GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 ❑.POLICY Z.PROT- ❑:LOC ... _.._. - $ AUTOMOBILE LIABILITY ?COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ®.ANY AUTO ® El liability Policy Number Policy effective and expiration date. ;BODILY INJURY (Per person) $ NED ❑ SCHEDULED B ❑ :, AUTOS AUTOS :BODILY INJURY (per accident) $ ❑;HIRED AUTOS NON-OWNEDPROPERTY ❑: AM AUTOS - ;(Per accident) $ �❑l.❑s t $ ®. ®'..00CUR ® ❑ UMBRELLALIAB EACH OCCURRENCE ! $ 2,000,000 ^^ A ❑ EXCESS LIAB F, CLAIMS -MADE Umbrella Liability Policy Number _Policy effective and expiration date ;AGGREGATE I $ 2,000,000 .❑DED RETENTION $10,000 C WORKERS COMPENSATION ❑ El® OTH- ,AND EMPLO ERS' L ABILIITY OI ER !TORY MITS;❑; :ANY PROPRIETOR/PARTNER/EXECUTIVE ' OFFICE/MEMBER EXCLUDED? YIN Workers Compensation Policy :licy effective and expiration date Po E L EACH ACCIDENT $ 100,000 '(Mandatory in NH) N Number .If yes, describe under ( - E L DISEASE - EA EMPLOYEE $,100,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $500,000 A ''PROFESSIONAL LIABILITY ❑ ❑ $1,000,000 EACH CLAIM Professional Liability Policy Policy effective and expiration date. 1$1,000,000 ANNUAL AGGREGATE Number 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. CERTIFICATE HOLDER CANCELLATION City of Oshkosh, Attn: City Clerk Insurance Standard 111 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE THE EXPIRATION DATE, THEREOF, NOTICE WILL BE DELIVERED IN PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh, WI 54903-1130 Please indicate somewhere on this AUTHORIZED REPRESENTATIVE certificate, the contract or project # this certificate is for. © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD 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 Organization(s): Locations 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 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: 1. 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) design- nated above. Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. 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 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: Policy# 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 Organization(s): Location And Description Of Completed 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. 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". Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ Taylor, Tracy L From: Taylor, Tracy L Sent: Friday, February 16, 2018 11:16 AM To: Gierach, Justin Subject: Questions regarding Request for Proposals for Construction Materials Testing Services for 2018 Capital Improvement Projects Thele were no questions from any consultants regarding this Request for Proposal. Tracy L. Taylor Department of Public Works City of Oshkosh 920.236.5195 Follow us: Web I Facebook I Twitter Oshkosh 1 RECEIVED FEB 16 2018 DE.P'T 01 pUBLIC WORKS �I�KOSK WISCONSIN tnter tek Oshkosh CONSTRUCTION MATERIALS TESTING 2018 CAPITAL IMPROVEMENT PROJECTS Prepared for: City of Oshkosh Department of Public Works 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 Prepared by: Professional Service Industries, Inc. 1125 West Tuckaway Lane, Suite B Menasha, Wisconsin 54952 Phone (920) 735-1200 Fax (920) 735-1840 February 19, 2018 PSI Proposal Number: 0094-235855 Intertek Ms. Tracy Taylor City of Oshkosh Department of Public Works 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 Re: Proposal for 2018 Capital Improvement Projects Construction Material Testing — City of Oshkosh PSI Proposal Number 0094-235855 Dear Ms. Taylor, PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Thank you for giving Professional Service Industries, Inc. (PSI), an Intertek Company, this opportunity to propose our services to provide construction materials testing services associated with the 2018 Capital Improvement Projects in Oshkosh, Wisconsin. Presented below is a review of furnished project information, along with our proposed scope of services, schedule and fee information. We have prepared this proposal based upon the project information provided to PSI in a request for proposal (RFP) sent on Friday February 9, 2018. If this proposal is acceptable to you, PSI will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign the attached acceptance form as notice to proceed and return one copy of this proposal intact to our office. We will proceed with the work upon receipt of authorization. PSI appreciates the opportunity to offer its services to your project and looks forward to being of service to you. Meanwhile, if you have any questions or require additional information, please contact our office at (920) 735-1200. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Patrick Bray Branch Manager James Becco, P.E. Vice President U1tertek PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 TABLE OF CONTENTS Project Understanding Page 1 Scope of Work Page 1 Relevant Experience Page 3 Distribution of Reports Page 3 Schedule Page 4 Fees Page 4 Company Capabilities Page 4 Material Testing Overview Page 5 Laboratory Testing Page 7 Asphaltic Concrete Pavement Page 8 Certifications & Quality Control Page 10 Additional Laboratory Capabilities Page 11 Local Presence Page 12 Organizational Chart Page 13 References Page 14 Other Similar Experience Page 15 Authorization Page 16 Proposal Acceptance Page 17 General Conditions Page 18 Project Estimate Page 20 Resumes Page 21 PROJECT UNDERSTANDING PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 1 It is understood that the project will include nuclear density testing services of utility trench backfill, laboratory testing, and other field testing of materials as necessary. In addition to the utility trench density testing, PSI will assist the City of Oshkosh Inspector when requested on inspection of backfilling operations per City of Oshkosh specifications. Part of PSI's function will be to work with the Contractor by providing ideas of the methods of improving compaction if necessary. However, it will remain the contractor's responsibility to perform his duties to meet project specifications. PSI understands that the project will consist of construction material testing services for the 2018 Capital Improvement Projects for Oshkosh, Wisconsin. The following city projects are planned to be covered under this agreement. ■ Contract 17-13 Westowne Detention Basin ■ Contract 18-04 Court Street, Otter Avenue and Washington Avenue ■ Contract 18-05 Oregon Street ■ Contract 18-12 Water Main Relay ■ Contract 18-13 Sanitary Sewer & Lateral Relay & Miscellaneous Utility Repair ■ Contract 18-20 Storm Sewer LateralsNarious Locations ■ Contract 18-22 Oshkosh Avenue / Westfield Street Redevelopment The project team wishes to retain a qualified and experienced engineering consultant to perform on-site inspection and testing services during the project. PSI is interested in providing these construction materials testing and inspection services. SCOPE OF WORK The following summarizes PSI's approach to address the construction materials testing on the project. PSI will provide a senior engineering technician to perform the requested field services. PSI will obtain test samples from construction sites throughout the city and may be required to obtain samples from various source sites. At a minimum, PSI will keep all lab samples until the end of each contract. Nuclear density testing will be performed on an as- needed basis dependent on the contractor(s) schedule. PSI understands, based on years of experience with the City of Oshkosh, that a field density testing technician will be required almost daily throughout the construction season. PSI will coordinate with contractors and the City of Oshkosh www.intertek.com/building PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 2 Inspectors/Engineers daily, so that scheduling can be planned in advance to meet the requirements of the project. Nuclear density tests shall be designated by project station, elevation, and utility trench type. The density testing technicians shall notify the City Inspector and appropriate contractor of failing tests. It will be the contractor's responsibility to re -compact failing areas and schedule retesting to meet the City's requirements. All tests shall be documented. In addition to the utility trench density testing, PSI will assist the City of Oshkosh Inspector when requested on inspection of backfilling operations per City of Oshkosh specifications. Part of PSI's function will be to work with the Contractor by providing ideas and methods of improving compaction if necessary. However, it will remain the contractor's responsibility to perform his duties to meet project specifications. The reporting requirements are listed in the scope of services, and PSI understands that the technicians will be required to document their activities through a daily report. These reports shall include the date, a detailed summary of the activities taking place for which they are inspecting/testing, the technician's time, and other pertinent information standard with this type of reporting. There shall be a separate daily report for each city contract worked on that day. Daily reports will be available on the Qest Lab Hive online system. Material lab test results shall be emailed in PDF format or available on QestLab/Construction Hive online system to the City Project Engineer within 48 hours of notification of sample pick- up unless lengths of the test, by applicable standard procedures, dictate otherwise. It will be the PSI Project Manager's responsibility to review the day's events with the PSI technician to keep abreast of matters which may require future attention. The project manager will also review the daily reports throughout the respective months and contact the City representative to address issues which may require the City's involvement to resolve. Neither the PSI on-site technician nor the PSI project manager will be responsible to make any decisions or provide any direction to the contractor, that would alter the City's contractual agreement with the contractor, or the City's specifications for the contractor's work. PSI cannot ultimately assume the responsibility of the contractor to perform the work under its contract with the City. This limitation of authority and responsibility is consistent with the industry standard for independent construction testing agencies. Monthly Testing Summary reports during construction shall include a written summary prepared by the project manager, material lab test results for that month, an updated compaction results ' log, and the technician's daily field reports. All reports shall be signed by the project manager. Separate reports shall be generated for each city contract should multiple projects occur during the same interval. The monthly summary reports shall be submitted in conjunction with the ' contract's respective invoice. All reports shall be emailed to the City Project Engineer in PDF format. A final report shall be prepared upon the completion of each individual city contract. Hard copies of the reports will be provided and mailed if requested. www.intertek.com/building i u PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 3 -- Additional email correspondence or summary reports may be requested depending on certain situations. The testing firm's project manager shall notify the City Project Engineer of issues which may arise throughout the construction period. RELEVANT EXPERIENCE PSI has an unparalleled reputation of providing construction materials testing for municipal programs and waste water projects. For example, PSI has successfully provided services on many of the most recognized brand names, including: ■ City of Oshkosh — 2013, 2014, 2015 ■ Sanitary Sewer, Water and 2017 Capital Improvement and Stormwater ' Projects Pipelines — Oconto Falls ■ Detention Pond -Oshkosh • Sanitary Sewer — Algoma ■ Session Street Sewer Expansion - ■ Pump Station and Utility Waupaca Lines —Waterford Kiwanis Park Sewer Relay - • Sanitary Sewer Sheboygan Reconstruction — Wind w Lake ■ Water Main Transmission- Suamico ■ Main Water Extension — Pewaukee ■ Water Main — Two Rivers ■ Sewer Extension — Bonduel ■ Storm Sewer — Sister Bay • Sanitary Sewer — Hobart DISTRIBUTION OF REPORTS To provide immediate access to project reports, PSI utilizes Construction Hive TM as an electronic -- report distribution platform to provide a better experience to clients. The,�" ":;;;;. �, x Construction Hive TM system has, powerful report viewing, retrieval and -�--^• searching capabilities that allow designated users to find information' in an efficient and environmental- friendly manner. Sample Electronic Report Upon project set-up, Construction Hive TM will electronically notify designated users when new reports are posted so they can view, download and forward relevant PSI test reports. In short, Construction Hive TM provides instantaneous access to reports from any internet web browser. ® Designated users can specify how often they receive reports, have the ability to establish notification alerts, download reports, and forward reports from Construction HiveTM. www.intertek.com/building ton SCHEDULE PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 4 PSI is prepared to begin work immediately upon receiving notice to proceed. We will remain available to respond within 1-2 hours for any services required. Our project manager will work closely with the project team and the contractor to ensure the timeliness of our services. FEES It is proposed to accomplish the required work on a unit price basis in accordance with the Project Estimate, a copy of which is attached to this proposal. PSI's actual fees would be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed. PSI proposes to perform the above scope of services on a time and materials basis; however, we have prepared a fee estimate based on the provided project information and our experience with similar projects. No construction schedule was made available in preparing the included fee estimate. For a detailed fee estimate, please see the attached Project Estimate. COMPANY CAPABILITIES PSI has been working in Wisconsin since the 1940's. Since that time, we have been providing geotechnical, construction testing, environmental consulting and asbestos services for local municipalities, the State of Wisconsin and a wide range of public and private sector clients. PSI maintains full-service environmental consulting, engineering, laboratory, inspection, and testing offices throughout Wisconsin. These Y lt`AA rtek offices are very large and well equipped with the necessary resources and workspace to manage any project under this contract. Further illustrating our depth of operations, PSI recently merged with Intertek, a global provider of quality solutions. With a network of more than 1,000 laboratories and offices in more than 100 countries, Intertek provides auditing, inspection, testing, training, quality assurance and certification by improving the quality and safety of products, assets and processes. PSI's qualified and experienced professionals include experts in geotechnical engineering, construction testing, environmental engineering, environmental sciences, industrial hygiene, geology, hydrogeology and related disciplines. These professionals make it possible for us to manage projects effectively in all areas of the state and country. Few companies can mobilize as rapidly as PSI, while still maintaining existing work efforts. www.intertek.com/building PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 5 Wisconsin Offices: ■ Appleton: 10 Professionals / 1 drill rig / 7 vehicles ■ Green Bay: 10 Professionals / 1 drill rig / 6 vehicles ■ Ripon: 15 Professionals / 9 Vehicles • Chippewa Falls: 10 Professionals/ 1 drill rig / 6 vehicles "'°"" Fob.we ., ■ Middleton (Intertek and PSI): 30 Professionals. ■ Waukesha: 60+ Professionals/ 5 drill rigs / 46 vehicles •� Odom.. V160 W1 Local offices maintain very large laboratories with the necessary equipment and workspace to provide comprehensive materials storage and testing for soils, aggregate, concrete, masonry, fireproofing, steel and other materials. In addition, PSI's laboratory facilities in Pittsburgh, Pennsylvania have very extensive special testing capabilities, and are able to test a wide variety of innovative or exploratory construction materials. MATERIALS TESTING OVERVIEW Capital Improvement Projects require precise planning, careful design, rigorous execution, and the expenditure of a great deal of money. Thus, it is extremely important that all work and materials be of acceptable quality to assure that specifications, schedules and budgets are met. One way to do this is by using the services of PSI as an independent consultant. PSI's construction services can be provided on either a call -out or resident basis. All field activities are supported by our AASHTO-accredited laboratories, which have total materials testing capabilities. Our laboratories can also perform special testing, in which unusual types of testing are performed by creating test conditions based on our client's needs and specifications. PSI maintains complete facilities and equipment for inspection and testing of: www.intertek.com/building ton Soils and Foundations ■ Laboratory testing and evaluation of proposed fill materials ■ Sitework monitoring and subgrade evaluation ■ Monitoring and testing of compacted fills ■ Shallow and deep foundations inspections ■ Subgrade/soil improvement recommendations Concrete ■ Cement physical and chemical testing ■ Mix designs and verifications ■ Aggregate Testing ■ Field sampling and testing • Strength testing (compressive, flexural, split - tensile) ■ In-situ evaluation ■ Batch plant inspection ■ Precast and prestressed concrete testing and inspection (field and plant) • Petrographic and other forensic analysis Structural ■ Threshold inspections ■ Post -tensioning calibration and inspection ■ Fireproofing inspection • Reinforcing steel placement inspection PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 6 Pavements ■ Subgrade observations and stabilization recommendations ■ Soil -cement mix design ■ Base course testing and evaluation (laboratory and field) ■ Laboratory testing of asphaltic concrete, including mix designs and verifications • Field testing and inspection of asphalt and concrete paving materials ■ Pavement evaluations (rigid and flexible) Masonry ■ Concrete masonry unit and brick testing ■ Mortar/stucco mix design, testing, and inspection ■ Forensic investigation ■ Prisms construction control www.intertek.com/building ton Roofing ■ Field evaluation and testing • Monitoring of roof installation/application ■ Laboratory testing of roofing materials NDE 1 Metals ■ Structural steel fabrication inspection and certification • Structural steel field erection inspection ■ Welder certification and procedure qualification ■ Non-destructive examination ■ Laboratory chemical and physical testing ■ Pressure vessels ■ Pipelines Specialty ■ Floor flatness profiling ■ Vibration monitoring ■ Failure investigations • Waterproofing monitoring and testing ■ Curtainwall mock-up and fabrication inspection ■ Roof inspections, evaluations and consulting PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 7 Construction monitoring and testing has been an integral part of the services offered by PSI since its founding. Pittsburgh Testing Laboratory, a division of PSI, tested the original cables for the Brooklyn Bridge in the 1880's and more recently, the firm tested the replacement cables. No other testing inspection firm has that kind of history and continuity. Our construction related services offer a logical extension and continuity to the geotechnical studies performed by PSI during earlier project phases. LABORATORY TESTING PSI is the largest independent testing agency in the United States. From the perspective of capabilities, number of locations, capacity to do work and quality — we are the best construction materials testing company in the market today. Our firm was founded on construction materials testing services. One of our acquisitions, Pittsburgh Testing Laboratories, tested the original cables for the Brooklyn Bridge in the 1880's — and recently tested the replacement cables. No other testing and inspection firm has that kind of history and continuity. www.intertek.com/building Lon Locally, PSI maintains complete facilities and equipment for inspection and testing of soils and foundations, concrete, pavements, masonry, structural steel and metals, roofing and specialty areas. With 6 offices in Wisconsin — Appleton, Green Bay, Ripon, Middleton, Waukesha, and Chippewa Falls — the firm is well staffed with laboratory/quality supervisors and full-time technicians. Soils and Aggregates PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 8 PSI Laboratory —Wisconsin Operations In addition to the testing that takes place in the field, laboratory testing of soils is done to verify that soil and aggregate materials being used during construction meet the requirements of the project plans and specifications. Some of the more common laboratory soil tests include the following: ■ Standard and Modified Proctor (Moisture Density Relationship Test) ■ Atterberg Limits Determination (Measures Plasticity of Soils) • Soil Classification ■ Gradation and Grain -size Analysis ■ Laboratory CBR (California Bearing Ratio) Test ■ Relative Density Test • Moisture Content Test ■ Triaxial Test to determine shear strength of cohesive or non -cohesive soils. • Laboratory testing and evaluation of proposed fill materials. ■ Automatic proctor hammers, multiple sieve shakes, soil processors, scales and high capacity ovens to accommodate high sample volume. ■ Atterberg Limit Determination and Hydrometer Testing for classification. ASPHALTIC CONCRETE PAVEMENT PSI provides testing and evaluation services to help assure that project plans and specifications are met with regard to pavement. Asphaltic concrete, or asphalt as it is better known, is the most commonly used pavement material. When blended with aggregates, asphalt produces a durable paving material. Whether it's a roadway or a parking lot, each job will be required to follow specific pavement specifications and requirements. These requirements will specify the type of asphalt (or sometimes concrete for heavy-duty pavement sections) that should be used along with the appropriate thickness of both the pavement material and its "base course." The base course typically consists of crushed stone as a "base" or foundation for the pavement material. Like other construction quality control services, PSI conducts field and laboratory testing, in addition www.intertek.com/building ton to inspection services, including: ■ Gradation tests (laboratory). ■ Core thickness (field and laboratory). ■ In-place density tests (field). ■ Marshall / Hveem density test/stability test (laboratory). ■ Temperature (field). PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 9 Concrete ■ Cement physical and chemical testing ■ Mix designs and verifications ■ Aggregate Testing • Field sampling and testing ■ Strength testing (compressive, flexural, split -tensile) ■ In-situ evaluation • Precast and prestressed concrete testing and inspection (field and plant) Pavement ■ Subgrade observations and stabilization recommendations ■ Soil -cement mix design ■ Base course testing and evaluation (laboratory and field) ■ Laboratory testing of asphaltic concrete, including mix designs and verifications ■ Field testing and inspection of asphalt and concrete pavement materials ■ Pavement evaluations (rigid and flexible) Specialty Testing • Unconfined compression testing of soils ■ Cohesive and granular soil permeability testing ■ CBR testing of soils for pavement design • Organic content of soils ■ Consolidation of soils ■ Fire proofing density testing PSI Laboratory —Wisconsin Operations www.intertek.com/building F ton CERTIFICATIONS AND QUALITY CONTROL PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 10 All work performed by PSI is controlled by a comprehensive internal Quality Assurance/Quality Control Program. As part of our Quality Assurance Program, inspection of our laboratory is regularly performed to re -calibrate equipment and detect any deficiencies. Our equipment, tests and procedures are monitored to assure the most accurate and consistent results possible. An in-house program of quality assurance is also implemented. The purpose of this in-house quality assurance program is to provide the method(s) used by PSI for the internal annual management review of the quality system and testing/inspection activities to ensure their continued suitability and effectiveness and to introduce necessary changes or improvements. This procedure addresses the following aspects of a management ' review: items to be reviewed; responsible parties; frequency of reviews; distribution of reports to management; and maintenance of records associated with the review. It is applicable to those operations conforming to specifications of various quality systems and/or standards, including: • ANS/ISO/IEC 17025: General Requirements for the Competence of Testing and Calibration Laboratories (A2LA, AIHA, IAS, NVLAP) ■ AASHTO R18: Standard Recommended Practice for Establishing and Implementing a Quality System for Construction Materials Testing Laboratories W Various ASTM Standards, including: 0 ■ C1077: Standard Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation ■ C1093: Standard Practice for Accreditation of Testing Agencies for Masonry ■ D3740: Standard Practice for Minimum Requirements for Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction • E329: Standard Specification for Agencies Engaged in Construction Inspection, Special Inspection or Testing Materials Used in Construction www.intertek.com/building PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 11 ADDITIONAL LABORATORY TESTING CAPABILITIES AGGREGATE Sieve Analysis Material Finer than No. 200 Unit Weight Specific Gravity/Absorption Soundness Abrasion Organic Impurities Clay Lumps, Friable Particles Lightweight Pieces Aggregate Quality Analysis ASPHALT Bulk Specific Gravity/Density Percent Air Voids Maximum Theory Specific Gravity Extraction/Gradation Marshall Stability/Flow ASTM MORTAR C136 Mortar Compressive Strength C117 Mortar Tensile Strength C29 Mortar Air Content C127/128 Mortar Water Retention C88 Mortar Mix Property Analysis C131/535 Mortar Aggregate Testing C40 C856 C142 SOILS C123 Water Content C33 Organic Content Soil/Base/RAP Stabilization Specific Gravity C140 Dry Density D2726 Amount Finer than No. 200 D3203 Grainsize Analysis D2041 Atterberg Limit D2172 Shrinkage Limit D1559 Moisture -Density Relationship California Bearing Ratio CONCRETE Compressive Strength C39 Flexural Strength C78 Splitting Tensile Strength C496 CONCRETE CORES Compressive Strength Unit Weight Chloride Ion Content Air Content Analysis Petrographic Analysis CONCRETE MASONRY UNITS CMU Compressive Strength CMU Unit Weight/Absorption Masonry Prism Strength Hollow Unit Quality Analysis Solid Unit Quality Analysis Unconfined Compressive Strength Permeability (Constant Head) Permeability (Falling Head) Consolidation ASTM C109 C190 C185 C91 C270 C144 D2216 D2974 D854 D2937 D1140 D422 D4318 D427 D698/D1557 D1883 D2166 D2430 D5084 D2435/D4186 * A summary of PSI's Laboratory Quality Assurance/ Quality Control Program is available upon request. www.intertek.com/building GROUT C42 Grout Compressive Strength C1019 C642 Grout Mix Property Analysis C476 FHA Grout Aggregate Testing C404 C457 C856 SPRAYED FIREPROOFING Thickness/Density E605 C140 Soil/Base/RAP Stabilization C140 Moisture Density D558 E447 Compressive Strength D1633 C90 Bearing Ratio D3668 C145 * A summary of PSI's Laboratory Quality Assurance/ Quality Control Program is available upon request. www.intertek.com/building ton LOCAL PRESCENCE PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 12 PSI is the largest testing agency in Wisconsin — 6 offices, 8 drill rigs, and over 100 professionals. This presence enables us to provide unparalleled service to each, and every one of our clients by drawing upon the large network of personnel, equipment, supplies and other resources that are readily available for quick mobilization between our branch offices. With up to 10 branch, department and special project managers throughout the state, each working in daily contact and cooperation with a District Manager, Vice President and Senior Vice President (all of whom are based in Wisconsin), PSI clearly demonstrates an unmatched ability to allocate resources to multiple concurrent projects. PSI maintains a full-service engineering laboratory, inspection, and testing office in Appleton, Wisconsin. Our offices are very well equipped with the necessary equipment and workspace to provide comprehensive materials storage and testing for soils, aggregate, concrete, masonry, fireproofing, steel, and related materials. Each of our Branch offices is supervised by a Registered Professional Engineer, responsible for over -seeing the day-to-day technical and administrative affairs of the Branch office. Engineering reports generated by the Branch offices are reviewed by James Becco, a senior principal engineer in our firm. The resume of the principal engineer, as well as a selection of key personnel are included in a later section. The company's "Senior Author System," enables PSI to best match our pool of talent to the needs of every project and provides a degree of consistency in the technical quality of reports. The local presence of qualified professionals throughout the State, coupled with the scrutiny and assistance given by the seasoned senior staff, together serve to ensure that our clients receive prudent and reliable engineering recommendations, maintaining a keen familiarity with local conditions and typical construction practices. Our senior principal engineers are readily available to meet with clients to discuss the particulars of any project, adding a personal element to the consulting process. PSI's local team includes senior engineers, technicians, inspectors and support personnel with specific qualifications and experience to successfully address the complex challenges associated with any project. This team of professionals is managed through a Matrix Management system that allows sharing of resources, both between departments and between local offices. Regionally, PSI's Wisconsin Operations can be illustrated as follows: www.intertek.com/building PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 13 CITY OF OSHKOSH CAPITAL IMPROVEMENTS PSI ORGANIZATIONAL CHART C�Sllr:'•. CITY OF OSHKOSH Principal Engineer James M. Becco, P.E., V.P. Appleton Branch Manager Patrick Bray, E.I.T. Senior Engineering Technicians I I Staff Geologist Dave HoleyI Andrew Larsen Steve Van Rossum From a Project Management perspective, each project is set up differently, depending on the service line or specific project requirements. However, our approach will be to manage and staff projects through a single point -of -contact that will serve as an overall Contract Manager. This individual will ensure compliance with the overall contract and coordinate with the appropriate Project Manager. The Project Manager will: ■ Direct the day-to-day field activities; ■ Coordinate senior professional engineers to support the project(s); ■ Coordinate and manage project staff to provide dedicated on-site services; • Direct and coordinate subcontract activities, if necessary. www.intertek.com/building REFERENCES PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 14 Paul DeVries, P.E. City Engineer/Deputy Director of Public Works City of Fond du Lac 920.322.3473 pdevries(@fdl.wi.gov PSI has provided a wide range of geotechnical and materials testing services for various City of Fond du Lac projects including public works projects, park and recreation facilities, roadway reconstruction, new/proposed developments and other projects. Karen Heyrman, P.E. Deputy Director of Public Works Grand Chute 920.832.1581 Karen. heyrman()-grandchute.net PSI performed the annual testing contract for the City of DePere in 2012, 2014, 2015 and provided a testing quality control program and construction monitoring to document whether the construction observed, and materials tested are in conformance with the project's contract documents. Karen Heyrman was the Assistant City Engineer overseeing our services until recently accepting a new position with the Town of Grand Chute. Don Neitzel, P.E. Kunkel Engineering Beaver Dam, WI 920.356-9447 dneitzel(apkunkelengineerinq.com PSI has worked with Kunkel Engineering for numerous years as an independent testing agency for the municipalities they serve or act as the Engineer. Examples include the City of West Bend, City of Berlin, City of Green Lake, City of Fox Lake, City of Horicon, and the City of Princeton. PSI's responsibility is to test and observe the quality of materials and workmanship in areas of our involvement for compliance with project specs and plans and report the findings to the appropriate party in a timely manner, so any deficiencies can be promptly corrected. www.intertek.com/building PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 15 OTHER SIMILAR EXPERIENCE Waukesha County: Various Projects — Through a Master Services Agreement for Engineering Services with Waukesha County, PSI has provided a wide range of geotechnical and materials testing services for public works projects, park and recreation facilities, roadway reconstruction, new/proposed developments and other projects. For example, PSI completed a retaining wall design for a new modular block retaining wall that was constructed on the south side of CTH Q, from ''.-::i,,►�� Colgate Road to CTH Y. PSI completed a full set of design plans and specifications that were used to bid the construction of the wall. During performance of this project, PSI also installed wells surrounding an existing retention pond and performed mounding calculations. Overall, PSI's services for Waukesha County have included the full range of geotechnical field services (laboratory services, analysis and design recommendations) and construction materials testing (foundation inspections, soils compaction testing, concrete testing). City of Waukesha: Various Projects — Through various annual contracts with the Department of Engineering and the Waukesha Water Utility, PSI has provided a wide range of geotechnical and testing services for parks, roadways, sewer/water lines, utilities and other projects, such as bridges and maintenance facilities. Services have included the full range of geotechnical field services, laboratory services and materials testing, including soils compaction testing, compressive strength testing for concrete, footing inspections and other related inspection and testing as necessary. City of De Pere: Various Projects — Through various annual contracts with the Department of Engineering and the Pubile Works Department, PSI has provided a wide range of geotechnical and testing services for parks, roadways, sewer/water lines, utilities and other projects. Services have included the full range of geotechnical field services, laboratory services and materials testing, including soils compaction testing, compressive strength testing for concrete, footing inspections and other related inspection and testing as necessary. Milwaukee County: Various Projects — Through a Master Consulting Agreement for Geotechnical Engineering and Materials Testing Services with Milwaukee County, PSI has provided a wide range of geotechnical and testing services for parks, roadways, new/proposed developments and other projects, such as swimming pool rehabilitations, bridges and bike trail maintenance facilities. Services have included the full range of geotechnical field services, laboratory services, analysis and design recommendations, as well as the subsequent materials testing during construction — compaction testing, concrete testing, footing inspections and other related inspection and testing as necessary. www.intertek.com/building 'De Pere t' 3ISC011S�'n JAij, PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 16 L Milwaukee County: Various GMIA Projects — Through a Master Consulting Agreement for Geotechnical Engineering and Materials Testing Services with Milwaukee County, PSI has provided a wide range of geotechnical services at General Mitchell International Airport. Projects have included runway reconstruction, concourse expansions, baggage handling upgrades and other All projects. M ITC H.ELL k il•. wG AUTHORIZATION If this proposal is acceptable to you, PSI will perform the work in accordance with the attached General Conditions that are incorporated into and made a part of this proposal. Please sign below as notice to proceed and return one copy of this proposal intact to our office. We will proceed with the work upon receipt of authorization. PSI appreciates the opportunity to offer its services to your project and looks forward to being of service to you. Meanwhile, if you have any questions or require additional information, please contact our office at (920) 735-1200. N Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES, INC. Patrick Bray James Becco, P.E. ' Branch Manager Vice President ■ 6 www.intertek.com/building ton PROPOSAL ACCEPTANCE: AGREED TO, THIS BY (please print): TITLE: COMPANY: SIGNATURE: PROJECT INFORMATION: DAY OF 1. Project Name: 2. Project Location: 3. Your Job No: Purchase Order No.: _ 4. Project Manager.' Telephone No.: 5. Site Contact: Telephone No.: 6. Distribution of Reports: PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 17 2018 Name Email Address Report Type y j -Sca � cc 2,(* V y 7. Invoicing Address: Attn: 8. Other Pertinent Information Or Previous Subsurface Information Available: www.intertek.com/building PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 18 GENERAL CONDITIONS 1. PARTIES AND SCOPE OF WORK: Professional Service Industries Inc. ("PSI") shall include said company or its particular division, subsidiary or affiliate performing the work. "Work" means the specific service to be performed by PSI as set forth in PSI's proposal, Client's acceptance thereof and these General Conditions. Additional work ordered by Client shall also be subject to these General Conditions. "Client" refers to the person or business entity ordering the work to be done by PSI. If Client is ordering the work on behalf of another, Client represents and warrants that it is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, Client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate ' and sufficient for Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom Client transmits any part of PSI's work. PSI shall have no duty or obligation to any third party greater than that set forth in PSI's proposal, Client's acceptance thereof and these General Conditions. The ordering of work from PSI, or the reliance on any of PSI's work, shall constitute acceptance of the terms of PSI's proposal and these General Conditions, regardless of the terms of any subsequently issued document. ' 2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by PSI or others to be timely and properly performed in accordance with the plans, specifications and contract documents and PSI's recommendations. No claims for loss, damage or injury shall be brought against PSI by Client or any third party unless all tests and inspections have been so performed and unless PSI's recommendations have been followed. Client agrees to indemnify, defend and hold PSI, its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including, but not limited to, court costs and reasonable attorney's fees in the event that all such tests and inspections are not so performed or PSI's recommendations are not so followed. 3. PREVAILING WAGES: This proposal specifically excludes compliance with any project labor agreement, labor agreement, or other union or apprenticeship requirements. In addition, unless explicitly agreed to in the body of this proposal, this proposal specifically excludes compliance with any state or federal prevailing wage law or associated requirements, including the Davis Bacon Act. It is agreed that no applicable prevailing wage classification or wage rate has been provided to PSI, and that all wages and cost estimates contained herein are based solely upon standard, non -prevailing wage rates. Should it later be determined by the Owner or any applicable agency that in fact prevailing wage applies, then it is agreed that the contract value of this agreement shall be equitably adjusted to account for such changed circumstance. Client will reimburse, defend, indemnify and hold harmless PSI from and against any liability resulting from a subsequent determination that prevailing wage regulations cover the Project, including all costs, fines and attorney's fees. 4. SCHEDULING OF WORK: The services set forth in PSI's proposal and Client's acceptance will be accomplished by PSI personnel at the prices quoted. If PSI is required to delay commencement of the work or if, upon embarking upon its work, PSI is required to stop or interrupt the progress of its work as a result of changes in the scope of the work requested by Client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the direct reasonable control of PSI, additional charges will be applicable and payable by Client. 5. ACCESS TO SITE: Client will arrange and provide such access to the site and work as is necessary for PSI to perform the work. PSI shall take reasonable measures and precautions to minimize damage to the site and any improvements located thereon as the result of its work or the use of its equipment. 6. CLIENTS DUTY TO NOTIFY ENGINEER: Client warrants that it has advised PSI of any known or suspected hazardous materials, utility lines and pollutants at any site at which PSI is to do work, and unless PSI has assumed in writing the responsibility of locating subsurface objects, structures, lines or conduits, Client agrees to defend, indemnify and save PSI harmless from all claims, suits, losses, costs and IR expenses, including reasonable attorney's fees as a result of personal injury, death or property damage occurring with respect to PSI's performance of its work and resulting to or caused by contact with subsurface or latent objects, structures, lines or conduits where the actual or potential presence and location thereof were not revealed to PSI by Client. 7. RESPONSIBILITY: PSI's work shall not include determining, supervising or implementing the means, methods, techniques, sequences or procedures of construction. PSI shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. PSI's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. Client agrees that it shall require subrogation to be waived against PSI and for PSI to be added as an Additional Insured on all policies of insurance, including any policies required of Client's contractors or subcontractors, covering any construction or development activities to be performed on the project site. PSI has no right or duty to stop the contractor's work. 8. SAMPLE DISPOSAL: Test specimens will be disposed immediately upon completion of the test. All drilling samples will be disposed sixty (60) days after submission of PSI's report. 9. PAYMENT: The quantities and fees provided in this proposal are PSI's estimate based on information provided by Client and PSI's experience on similar projects. The actual total amount due to PSI shall be based on the actual final quantities provided by PSI at the unit rates provided herein. Where Client directs or requests additional work beyond the contract price it will be deemed a change order and PSI will be paid according to the fee schedule. Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty (30) days of its receipt. Client further agrees to pay interest on all amounts invoiced and not paid or objected to for valid cause in writing within said thirty (30) day period at the rate of eighteen (18) percent per annum (or the maximum interest rate permitted under applicable law), until paid. Client agrees to pay PSI's cost of collection of all amounts due and unpaid after thirty (30) days, including court costs and reasonable attorney's fees. PSI shall not be bound by any provision or agreement requiring or providing for arbitration of disputes or controversies arising out of this agreement, any provision wherein PSI waives any rights to a mechanics' lien, or any provision conditioning PSI's right to receive payment for its work upon payment to Client by any third party. These General Conditions are notice, where required, that PSI shall file a lien whenever necessary to collect past due amounts. Failure to make payment within 30 days of invoice shall constitute a release of PSI from any and all claims which Client may have, whether in tort, contract or otherwise, and whether known or unknown at the time. www.intertek.com/building ton 10. ALLOCATION OF R15K: GLILN I AUt OR DIRECTORS TO ANY PERSONAL L CLIENT AGREES THAT ITS SOLE AND ONLY AGAINST PSI. PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 19 SHOULD PSI OR ANY OF ITS EMPLOYEES BE FOUND TO HAVE BEEN NEGLIGENT IN THE PERFORMANCE OF ITS WORK, OR TO HAVE MADE AND BREACHED ANY EXPRESS OR IMPLIED WARRANTY REPRESENTATION OR CONTRACT CLIENT ALL PARTIES CLAIMING THROUGH CLIENT AND ALL PARTIES CLAIMING TO HAVE IN ANY WAY RELIED UPON P SI' S WORK AGREE THAT THE $25,000.00 OR THE TOTAL AMOUNT OF THE FEE PAID 10 PSI FOR I US vVUKK PtKFVKMt:Uyw i nc rmkjjmk, #- vvnl'.n �n AMOUNT IS GREATER. IN THE EVENT CLIENT IS UNWILLING OR UNABLE TO LIMIT PS I'S LIABILITY IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THIS PARAGRAPH CLIENT MAY UPON WRITTEN REQUEST OF CLIENT RECEIVED WITHIN FIVE DAYS OF C LI E N T'S ACCEPTANCE HEREOF INCREASE THE LIMIT OF PS I'S LIABILITY TO $250,000.00 OR THE AMOUNT OF P SI' S FEE PAID TO PSI FOR ITS WORK ON THE PROJECT WHICHEVER IS THE GREATER BY AGREEING TO PAY PSI A SUM NO ACTION OR CLAIM WHETHER IN TORT CONTRACT OR OTHERWISE MAY BE BROUGHT AGAINST PSI ARISING FROM OR RELATED TO P S I'S WORK MORE THAN TWO YEARS AFTER THE CESSATION OF PSI'S WORK HEREUNDER. REGARDLESS OF THE DATE OF DISCOVERY OF SUCH CLAIM. 11. INDEMNITY: Subject to the above limitations, PSI agrees not to defend but to indemnify and hold Client harmless from and against any and all claims, suits, costs and expenses including reasonable attorney's fees and court costs to the extent arising out of PSI's negligence as finally determined by a court of law. Client shall provide the same protection to the extent of its negligence. In the event that Client or Client's principal shall bring any suit, cause of action, claim or counterclaim against PSI, the Client and the party initiating such action shall pay to PSI the costs and expenses incurred by PSI to investigate, answer and defend it, including reasonable attorney's and witness fees and court costs to the extent that PSI shall prevail in such suit. 12. TERMINATION: This Agreement may be terminated by either party upon seven days' prior written notice. In the event of termination, PSI shall be compensated by Client for all services performed up to and including the termination date, including reimbursable expenses. 13. EMPLOYEESIWITNESS FEES: PSI's employees shall not be retained as expert witnesses except by separate, written agreement. Client agrees to pay PSI's legal expenses, administrative costs and fees pursuant to PSI's then current fee schedule for PSI to respond to any subpoena. For a period of one year after the completion of any work performed under this agreement, Client agrees not to solicit, recruit, or hire any PSI employee or person who has been employed by PSI within the previous twelve months. In the event Client desires to hire such an individual, Client agrees that it shall seek the written consent of PSI and shall pay PSI an amount equal to one- half of the employee's annualized salary, without PSI waiving other remedies it may have. 14. FIDUCIARY: PSI is not a financial advisor, does not provide financial advice or analysis of any kind, and nothing in our reports can create a fiduciary relationship between PSI and any other party. 15. RECORDING: Photographs or video recordings of the Client's own project may be taken by and used for the Client's own internal purposes. Photographs or video recordings may not be used for marketing or publicity or distributed to a third party or otherwise published without PSI's prior review and consent in writing. Taking photographs of other Clients' samples, test setups, or facilities, or recording in any manner any test specimen other than the test specimen related to the Client's project is prohibited; and the Client agrees to hold in strict confidence and not use any proprietary information disclosed either advertently or inadvertently. The Client shall defend, hold harmless, and indemnify PSI for any breach of this clause. 16. CHOICE OF LAW AND EXCLUSIVE VENUE: All claims or disputes arising or relating to this agreement shall be governed by, construed, and enforced in accordance with the laws of Illinois. The exclusive venue for all actions or proceedings arising in connection with this agreement shall be either the Circuit Court in Cook County, Illinois, or the Federal Court for the Northern District of Illinois. 17. PROVISIONS SEVERABLE: The parties have entered into this agreement in good faith, and it is the specific intent of the parties that the terms of these General Conditions be enforced as written. In the event any of the provisions of these General Conditions should be found to be unenforceable, it shall be stricken, and the remaining provisions shall be enforceable. 18. ENTIRE AGREEMENT: This agreement constitutes the entire understanding of the parties, and there are no representations, warranties or undertakings made other than as set forth herein. This agreement may be amended, modified or terminated only in writing, signed by each of the parties hereto. B-900-11(14) 9/17 www.intertek.com/building PSI Proposal No.: 0094-235855 2018 Capital Improvement Projects February 19, 2018 Page 20 CITY OF OSHKOSH PROPOSAL COST BREAKDOWN CONSTRUCTION MATERIALS TESTING SERVICES 2018 CAPITAL IMPROVEMENT PROGRAM ITEM DESCRIPTION UNIT EST QTY. BID UNIT PRICE PRICE BID TOTAL 1. Roundtrip Charge Each 175 2. Field Time Hour 1,350 3. Equipment Rental Hour 1,350 4. Vehicle Rental Hour 1,350 5 Sieve Analysis of Each 20 Aggregate 6. Modified Proctor Density Each 15 Test (aggregate) 5. Trench Backfill Testing Each 40 Reports 7. Engineer Consultation Hour 15 8. Project Manager Hour 75 TOTAL $35.00 $ 6,125.00 $37.00 $ 49,950.00 $1.25 $ 1,687.50 $3.00 $ 4,050.00 $50.00 $ 1,000.00 $145.00 $ 2,175.00 $75.00 $ 3,000.00 $90.00 $ 1,350.00 $70.00 $ 5,250.00 $ 74,587.50 RESPONSE TIME TO SITE 0.5 Hours www.intertek.com/building James M. Becco, PE Vice President/Principal Engineer Waukesha, Wisconsin Year started with PSI: 1992 Years experience with other firms: 22 Education • Bachelor of Science in Civil Engineering; Michigan Technological University, Houghton, MI; 1986 Certifications/Registrations/Technical Training • Registered Professional Engineer —Wisconsin, Illinois, Iowa and Minnesota • Wisconsin Department of Natural Resources Registered PECFA Consultant • Previously DILHR Certified Tank Assessor and Remover/Cleaner • Environmental: ■ "Phase I Environmental Site Assessment Seminar" ■ "Environmental Site Assessments" ■ "Asbestos Building Inspectors and Supervisors Course" ■ "Phase II Environmental Site Assessments" ■ 40 -Hour - 29 CFR 1910 Training Course ■ 8 -Hour Supervisory Training - CFR 1910 Course ■ "Petroleum Hydrocarbon & Organic Chemicals in Groundwater: Prevention, Detection and Restoration" ■ "Mold Seminar" ■ "Renewable Sources of Energy — Wind Power" ■ "Constructed Wetlands — Basic Concepts" ■ "Wetland Delineation I — The Basics" • Geotechnical and Materials: ■ "Fundamentals of Shallow Foundation Design" ■ "Deep Foundation Exploration and Design" ■ "Retaining Wall Design- I" ■ "Retaining Wall Design- II" ■ "Ethical Decision Making for Engineers" ■ "Riprap Design" ■ "Excavation Safety and Shoring" ■ "Storm water Management — An Introduction" ■ "Advanced Storm water Treatment — Design" ■ "Slope Stability" ■ "Design of Sheet Pile Walls" ■ "Geotechnical Properties of Marine Calcareous Soils" ■ "Drilling and Sampling of Soil and Rock" ■ "Ethical Decision Making for Engineers" Professional Experience Mr. Becco is the Vice President of PSI's operations throughout Wisconsin, including offices in Waukesha, Ripon, Green Bay, Menasha, and Chippewa Falls. In this role, Mr. Becco provides overall daily management, technical oversight, and direct supervision to the Branch and District Managers, as well as to their local environmental, geotechnical, and construction services departments. With more than 29 years of experience in Geotechnical Engineering and Environmental Consulting, Mr. Becco has extensive James M. Becco, PE Vice President/Principal Engineer Waukesha, Wisconsin Page 2 of 3 knowledge of subsurface conditions and the regulatory framework throughout Wisconsin. He has been involved with numerous projects of varying complexity, including stream and groundwater monitoring, petroleum assessments, solvent (dry cleaner) investigations, and a multitude of geotechnical engineering studies. As a principal client contact, project manager and senior consultant on a wide range of projects, Mr. Becco is also involved in proposal and report preparation, project planning and administration, as well as the coordination and supervision of field staff. Mr. Becco joined PSI in 1986 and worked throughout Wisconsin, Florida and Michigan where he was responsible for overall management, technical and administrative duties of geotechnical and environmental departments, and report preparation, review and technical consultation. He joined Midwest Engineering Services (MES) in January of 1992 as the Department Manager for Environmental Services in the Waukesha, Wisconsin office. He was promoted to the position of Branch Manager in August of 1995, and then to Region Manager overseeing all of MES' five Wisconsin offices in July of 2000. Mr. Becco was responsible for the oversight and direct supervision of each of the branch managers. Mr. Becco also acted as a senior geotechnical and environmental consultant, and a principal engineer for each of the branches. Mr. Becco re -joined PSI in 2014 when MES was acquired by PSI. Representative Environmental Consulting Project Experience • Project Manager - More than 300 Circle K and 7 -Eleven C -store and service station upgrades across the State of Florida. Developed and performed or managed environmental assessments, leaking underground storage tank investigations and station upgrade projects. • Project Manager - More than 100 Speedway and Marathon C -store and service station upgrades across the State of Wisconsin, and into northern Illinois. Developed and performed or managed environmental assessments, leaking underground storage tank investigations, and underground storage tank removals. • Project Manager - Evaluation of heavy metals (including chromium and silver), volatile organic compounds, and sulfide/chloride contamination within soil and groundwater at the Photo -Cut facility in Waukesha, Wisconsin. Developed and performed the environmental assessment, including field work, data evaluation, statistical data analysis, and preparation of regulatory closure reports. • Project Manager - Evaluation of contaminants, and of storm water control at the Valley Sand and Gravel quarry in New Berlin, Wisconsin. Developed and managed the environmental assessment. • Project Manager overseeing the performance of Phase I and Phase II Environmental Assessments at numerous Walmart, Lowes, Menards, and Meijer Retail Stores across the State of Wisconsin Representative Power Transmission Project Experience • Lead Engineer/Project Manager — Geotechnical Evaluation, 200+ Transmission Line and Substation Projects (Electrical Consultants, Inc. and American Transmission Company), State of Wisconsin ' James M. Becco, PE Vice President/Principal Engineer Waukesha, Wisconsin ' Page 3 of 3 • Lead Engineer/Project Manager — Geotechnical Evaluation, Border to Apple River Substation T -Line Project (Dairyland Power Cooperative), Polk County, Wisconsin • Lead Engineer/Project Manager — Geotechnical Evaluation, 15+ Substation Projects (WE Energies), State of Wisconsin • Lead Engineer/Project Manager — Geotechnical Evaluation, 15+ Substation Projects (Xcel Energy), Northwestern Wisconsin • Lead Engineer/Project Manager — Geotechnical Evaluation, Forward Wind Project (Invenergy, LLC), Fond du Lac County, Wisconsin ... • Lead Engineer/Project Manager— Geotechnical Evaluation, Glacier Hills Wind Project (WE Power, LLC), Columbia County, Wisconsin • Lead Engineer — Preliminary Geotechnical Evaluation, Lancaster Wind Project (Navitas Energy), Stephenson County, Illinois 1 u 11 IQ il Summary of Qualifications Professional Service Industries, Inc. Patrick J. Bray Branch Manager Appleton, Wisconsin Office Education and Special Training Bachelor of Science; University of Wisconsin - Madison, Civil Engineering, 2012 Professional Registration/Certification Certified Soil Tester (CST) - Wisconsin Continuing Education and Short Courses Construction Materials Testing: American Concrete Institute Field Testing Technician - Grade 1 Nuclear Density Gauge Operation Training — Engelhardt and Associates, Inc. Experience and Background Professional Service Industries, Inc. Appleton Wisconsin, April 1, 2014 to present. Mr. Bray was promoted to Branch Manager of the Appleton office in 2014. His responsibilities include overseeing the daily operations of the geotechnical, environmental and construction testing departments; preparation and review of reports; management of field and laboratory personnel; coordination of daily schedules; and administrative and marketing responsibilities. Midwest Engineering Services, Inc. Green Bay, WI, June 2012 to March 2014: Mr. Bray joined MES in June of 2012 upon graduation. As Project Manager in the Green Bay office, Mr. Bray was responsible for the daily management and technical oversight of the Construction Services Department. In addition, he also assisted in the Geotechnical Department by preparing reports and performing drill scheduling. Prior to joining MES, Mr. Bray gained 8 months of experience through a co-op with a consulting engineering firm based in Madison. His responsibilities included laboratory testing, concrete testing, and foundation subgrade evaluations. Professional Service Industries, Inc. Summary of Qualifications Professional Service Industries, Inc. Andrew Larsen Staff Geologist Appleton, Wisconsin Office Education and Special Training Bachelor of Science; University of Wisconsin - Oshkosh, Geology, 2014 Professional Registration/Certification Certified Soil Tester (CST) - Wisconsin Continuing Education and Short Courses Construction Materials Testing: American Concrete Institute Field Testing Technician — Grade 1 Nuclear Density Gauge Operation Training — Professional Service Industries, Inc. Experience and Background Professional Service Industries, Inc. Appleton Wisconsin, February 17, 2015 to present. Mr. Larsen was hired by PSI as a Driller's Assistant and promoted to Engineering Technician in June of 2015. His responsibilities included laboratory testing, concrete testing and foundation subgrade evaluations. In May of 2017, Mr. Larsen was promoted to a Staff Geologist. He is responsible for the daily management and technical oversight of the Construction Services Department. In addition, he also assists in the Geotechnical Department by preparing reports and performing drill scheduling. Professional Service Industries, Inc. Summary of Qualifications Professional Service Industries, Inc. Dave Holey Technician Appleton, Wisconsin Office Education and Special Training General Business; Palm Beach State College, 2013 Professional Registration/Certification Continuing Education and Short Courses Construction Materials Testing: American Concrete Institute Field Testing Technician — Grade 1 0 10 Nuclear Density Gauge Operation Training — Professional Service Industries, Inc. Experience and Background Professional Service Industries, Inc. Appleton Wisconsin, September 19, 2017 to present. Mr. Holey was hired by PSI as an Engineering Technician in September of 2017. His responsibilities include laboratory testing, concrete testing and foundation subgrade evaluations. Professional Service Industries, Inc. Summary of Qualifications Professional Service Industries, Inc. Steve Van Rossum Technician Appleton, Wisconsin Office Education and Special Training Appleton East High School Professional Registration/Certification Continuing Education and Short Courses Construction Materials Testing: American Concrete Institute Field Testing Technician — Grade 1 Nuclear Density Gauge Operation Training — Professional Service Industries, Inc. Experience and Background Professional Service Industries, Inc. Appleton Wisconsin, September 6, 2017 to present. Mr. Van Rossum was hired by PSI as an Engineering Technician in September of 2017. His responsibilities include laboratory testing, concrete testing and foundation subgrade evaluations. Professional Service Industries, Inc. Decommissioning & Due Diligence Supporting the redevelopment and transfer of property assets via environmental and property assessments and engineering services. Property Management Support Services Providing a variety of building systems testing, inspection, and consulting services to optimize the value and life of the property asset. Mock -Up & Field Testing On-site (air infiltration, water leakage, and structural performance for fenestration) or in lab validation of a curtain wall's design, workmanship, and material selection to ensure its performance. Environmental Consulting & Geotechnical Services Assuring site and subsurface conditions meet the criteria for purchase, development and construction. Building Enclosure Commissioning Design and construction professionals provide solutions to reduce the potential for premature building failure, increase a building's energy efficiency, and expected life cycle. TOTAL QUALITY. ASSURED. Building Systems Consulting Industry professionals provide a variety of acoustic, fire, AV, roofing system and enclosure consulting services to ensure proper design and installation of a building's critical systems. Building Product & Construction Materials Testing Providing testing for virtually all s types of building products, construction materials, and systems for safety, retail, code, and performance purposes. Product Certification & Code Evaluation j ® The ETL and Warnock j Hersey Marks show a product or system's Intertek conformance to code and j ensures the on-going verification of compliance. Industrial Hygiene Services Assessing a building or facility for a variety of sources (air, asbestos, lead, mold) to minimize the risk of factors adverse to human health. Field Labeling Providing on-site services of opening systems that need to be re -labeled or making recommendations for upgraded materials, 40 0 �I 800.WORLD.LAB a ,I icenter@intertek.com intertek.comlbuilding Intertek The ever increasing challenges of designing, constructing, and maintaining a building can be difficult for any organization to navigate. From compliance to local and national codes, to ensuring an efficient design, to property management, Intertek-PST's team of architects, engineers, scientists, and technicians understand firsthand the complexities of successfully constructing a commercial building, Our full suite of services give us unique insight into all phases of a project. Regardless of the project size or complexity, Intertek-PSI delivers engineering, consulting, and testing services to support site selection, design, construction, and property management. As a leader in providing comprehensive solutions to industries around the globe, Intertek-PSI prides itself on bringing the expertise and services necessary for our clients to meet all of their needs across their entire operation. Our Assurance, Testing, Inspection, and Certification (A.T.I.C.) suite of services ensures that whatever your needs may be - assurance, testing, inspection, certification, or all of the above, that those needs will be met by Intertek-PSI. A diverse range of services from geotechnical investigations, due diligence, industrial hygiene, and site surveys, for your building environment. Our expertise offers engineering, consulting, evaluation, and peer review to ensure a well designed project. The most comprehensive suite of testing and certification services for construction materials and building products. Vital services throughout the construction process including inspection, (� testing, monitoring, mock-ups, and consulting. Evaluation of a building's condition through inspection and testing, investigation, and remediation plan development. Services that expedite and ensure compliance of the transfer or decommissioning of property or building. '__ , ® �►� io CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 0 3/1 51201 8 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(ies) must have ADDITIONAL INSURED provisions or 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 Marsh USA Inc. 500 Dallas Street, Suite 1500 $Ti'EAIC Houston, TX 77002EC��� Attn: Houston. Certs@Marsh.com _ p 905863 -PSI -Prof' -17-18 CONTACT NAME: PHONE FAX AIC No): o(AIC. ADDRIEss: INSURER(S) AFFORDING COVERAGE NAIC If INSURER A: Zurich American Insurance Company 16535 INSURED PROFESSIONAL SERVICE INDUSTRIES, INC.S 1125 W. TUCKAWAY LANE, SUITE B YU �[L[C WORK MENASHA, WI 54952 pE['TOf WISCONSIN INSURER B: Greenwich Insurance Company 22322 INSURER C : NIA NIA INSURER D:XLSpecialty Insurance Company 37885 INSURER E : Navigators Insurance Company 42307 �NKOSN, INSURER F : COVERAGES CERTIFICATE NUMBER: HOU-003400846-01 REVISION NUMBER: 2 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. INSRPOLICY LTR TYPE OF INSURANCE INSD WVD SUER POLICYNUMBER EFF MMIDD1YYYY EXP MMDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GL0541569304 10101/2017 1010112018 EACH OCCURRENCE $ 5,000,000 CLAIMS -MADE M OCCUR DAMAGE TO PREMISES Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 5,000,000 POLICY FX] jE O- F—] LOC PRODUCTS - COMP/OP AGG $ 5,000,000 $ OTHER: B AUTOMOBILE LIABILITY RAD943781301 10/0112017 10101/2018 COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) $ AUTO X OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident XIANY HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB HCLAIMS-MADE OCCUR EACHOCCURRENCE $ AGGREGATE $ EXCESS LIAR DED I I RETENTION $ $ D D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N OFFICERMEMBEREXCLUDED?ECUTIVE � (Mandatory In NH) N/A RWD300119301 (AOS)1 RWR300119401 (WI) / 10101/2017 10101/2018 1010112018 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Excess Liability CH17EXR8547521V 10/0112017 10101/2018 Each Occurrence 4,000,000 Excess of Auto and Employers Liab. General Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Construction Material Testing Services for Fox Valley Lutheran High School City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are included as additional insured (except as respects all coverage afforded by the Workers' Compensation and Professional Liability policies) as required by written contract. The General Liability coverage applies as primary and noncontributory where required by written contract. CERTIFICATE HOLDER CANCELLATION City of Oshkosh City Clerk 215 Church Avenue PO Box 1130 Oshkosh, WI 54903-1130 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 of Marsh USA Inc. John Shahidi @ 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 905863 LOC #: Houston ,acouo® ADDITIONAL REMARKS SCHEDULE L � Page 2 of 2 AGENCY Marsh USA Inc. NAMED INSURED PROFESSIONAL SERVICE INDUSTRIES, INC. 1125 W. TUCKAWAY LANE, SUITE B MENASHA, WI 54952 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: KCIYIAKr\0 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Professional Liability: Policy #: E00O20692002 Carrier: Steadfast Insurance Company - NAIC #26387 Effective Dates: 09/30/2017 to 09/30/2018 Limit: $5,000,000 Each Claim/Aggregate SIR: $1,000,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GLO5415693-04 10/01/2017 10/01/2018 10/0112017 14012000 n/a n1a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Testing Holdings USA, Inc Address (including ZIP Code): 200 Westlake Park Blvd., Suite 400 Houston, TX 77079 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-117SF CW (04113) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an 'occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U -GL -1175-F CW (04113) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. ENDORSEMENT # This endorsement, effective 12:01 a.m., October 1, 2017 forms a part of Policy No. RAD9437813-01 issued to TESTING HOLDINGS USA INC. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: All otherterms and conditions of the Policy remain unchanged. IXI 405 0910 Page 1 of 1 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Number of Days Name of Person(s) or Entity(ies) Mailing Address: Advanced Notice of Cancellation: Per the m ost current schedule 30 Days maintained by Marsh USA Inc., and furnished to XL Catlin Insurance no less than 45 days prior to the effective date of cancellation. All otherterms and conditions of the Policy remain unchanged. IXI 405 0910 Page 1 of 1 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. 0 Blanket Notification to Others of Cancellation ZURICH' or Non -Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. I Eff. Date of End. Producer No. Add'I, Prem Return Prem, GLO5415693-04 10/01/2017 10!0112018 1010112017 14012000 n1a n1a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list.- 1. ist:1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U -GL -1521-A CW (10112) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its pennission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 57 (Ed. 12110) ENDORSEMENT # This endorsement, effective 12:01 a.m., 10-01-2017, forms a part of Policy No. RWD3001193-01 issued to Testing Holdings USA Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT This endorsement modifies insurance provided underthe following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY In the event coverage is cancelled for any statutorily permitted reason, other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: All otherterms and conditions of the Policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10-01-2017 Policy No. RWD3001193-01 Endorsement No. Insured Testing Holdings USA Inc. Premium Included Insurance Company XL Specialty Insurance Company Countersigned bye--- WC 99 06 57 Ed. 12110 O 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. Number of Days Name of Person(s) or Entity(ies) Mailing Address: Advanced Notice of Cancellation: Per the most current schedule 30 maintained by Marsh USA Inc., and furnished to XL Catlin Insurance no less than 45 days prior to the effective date of cancellation. All otherterms and conditions of the Policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10-01-2017 Policy No. RWD3001193-01 Endorsement No. Insured Testing Holdings USA Inc. Premium Included Insurance Company XL Specialty Insurance Company Countersigned bye--- WC 99 06 57 Ed. 12110 O 2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission.