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HomeMy WebLinkAboutBates Soil & Water Testing 2019 Wetland Delineation Services AGREEMENT This AGREEMENT, made on the aO day of Noveole-{-, 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and BATES SOIL & WATER TESTING SERVICES, LLC, N1237 Country Crest Circle, Hortonville, WI 54944, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for 2019 WETLAND DETERMINATION AND DELINEATION SERVICES. ARTICLE I. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Brian D. Bates, P.S.S.—Licensed Professional Soil Scientist B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: John Ferris, P.E.—Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide wetland delineation services upon request. A separate scope of work and budget will be developed for each Project Authorization. A sample Project Authorization form is attached to this AGREEMENT. I:\Engineering\2019 CONTRACTS\Bates 2019 Wetland Delin\Bates Agreement-2019 Wetland Ddlin_11- Page 1 of 6 1-18.doox The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to the CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. The CONSULTANT will re-perform any services not meeting this standard without additional compensation. ARTICLE V. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. The CONSULTANT is not responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VI. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VII. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's individual Project Authorization forms. C\Engineering\2019 CONTRACTS\Bates 2019 Wetland Delin\Bates Agreement-2019 Wetland Dehn 11- Page 2 of 6 1-18.dooa The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE VIII. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts, all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Individual Project Authorization Form In the event any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE IX. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Not to Exceed Contract Amount of $30,000 (Thirty Thousand Dollars). Individual budgets for each project will be negotiated and specified on each Project Authorization form. L\Engineering\2019 CONTRACTS\Bates 2019 Wetland Delis\Bates Agreement-2019 Wetland Delis 11- Page 3 of 6 1-18.doa B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. All Project Authorization forms shall have a unique task code assigned. All invoices shall clearly identify invoice amount per task code. The CITY shall pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this AGREEMENT executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE X. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related however remotely to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold the CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re- use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XI. INSURANCE The CONSULTANT agrees to obtain General Liability Coverage of $500,000 per occurrence. The following must be named as additional insureds—City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers. I.\Engineering\2019 CONTRACTS\Bates 2019 Wetland Delin\Bates Agreement-2019 Wetland Delin_ll- Page 4 of 6 1-18.doa Certificates of Insurance acceptable to the CITY shall be submitted to the Engineering Division of the Department of Public Works prior to the commencement of the work. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled or non-renewed until at least 30 days prior written notice has been given to the City Clerk of the City of Oshkosh. ARTICLE XII. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGREEMENT, the CITY shall have the right to terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (10) calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this AGREEMENT. ARTICLE XIII. RE-USE OF PROTECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of the CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. The CITY agrees to indemnify the CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized re- use,change, or alteration of these project documents. ARTICLE XIV. SUSPENSION, DELAY,OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of the CONSULTANT for the convenience of the CITY. In such event, the CONSULTANT's contract price and schedule shall be equitably adjusted. I:\Engineering\2019CONTRACTS\Bates2019 Wetland Delin\Bates Agreement-2019 Wetland Debn 11- Page 5 of 6 1-18.doa ARTICLE XV. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and the CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT By: 4::760144' (Seal of Consultant 44/A/E/) if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: (Witness) Maik A. Rohloff, City Manager And: L4 ..)1-L C Dir-) Witness 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. ttorney JanLI„Ji(\-,(T1-) City Comptroller 1:\Engineering\2019 CONTRACTS\Bates 2019 Wetland Deihl\Bates Agreement-2019 Wetland Delin 11- Page 6 of 6 1-18.docx PROJECT AUTHORIZATION NUMBER ("Work Order") Owner: City of Oshkosh Department Public Works Authorized Office: 215 Church Avenue,P.O. Box 1130, Oshkosh,Wisconsin 54903-1130 Owner Authorized Representative: John Ferris, P.E., Civil Engineering Supervisor Project: 2019 Wetland Determination and Delineation Services City of Oshkosh Contract Number: The authorizing office requires performance of the following described Services: Form of Compensation: N Lump Sum: $ Additional Terms and Conditions: None Authorized Services shall be performed in accordance with the terms and provisions of the agreement between Bates Soil & Water Testing Services, LLC and the City of Oshkosh, dated . This Project Authorization shall be effective only upon date of signature of an authorized representative of the City of Oshkosh. BATES SOIL&WATER TESTING CITY OF OSHKOSH SERVICES, LLC Signature: Signature: Name: Name: John Ferris, P.E. Title: Title: Civil Engineering Supervisor Date: Date: I:\Engineering\2019 CONTRACTS\Bates 2019 Wetland Delin\Bates Blank Proj Auth Page 1 of 1 Fonn_11-1-18.docx • A CERTIFICATE OF LIABILITY INSURANCE DAT12/4/2018 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 i (ieu of such endorsement(s). PRODUCER �i' CONTACT Judith Jurgens Fuhrman Insurance Unlimited, Inc. % PHONE (262)886-0800 FAX (262)886-1000 10503 Northwestern Avenue Ala No.Extl: (A/C,No): �) {� Franksville,WI 53126 `��S E-MAIL '� ADDRESS: I -`' &I v INSURERISI AFFORDING COVERAGE NAIC# ORh West Bend Insurance Company INSURER A: P y INSURED Bates Soil&Water Testing Services,LLt,�- pF w ISCO SURER B: SOCIETY N1237 County Crest Circle ��5x Hortonville,WI 54944 OS1� INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR - TYPE OF INSURANCE _ INSn WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYYI LIMITS V A COMMERCIAL GENERAL LIABILITY A452470 05/15/2018 05/15/2019 EACH OCCURRENCE $ 1,000,000 `� DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ 300,000 VI MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY PEA LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER $ A AUTOMOBILE LIABILITY A452470 05/15/2018 05/15/2019 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _AUTOS ONLY (Per accident) _. $ A V UMBRELLA LIAB - OCCUR A452470 05/15/2018 05/15/2019 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION WP16024507 07/26/2018 07/26/2019 PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 Byes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) ADDITIONAL INSUREDS PER ATTACHED ENDORSEMENTS-ADDITIONAL INSURED: CITY OF OSHKOSH,AND ITS OFFICERS,COUNCIL MEMBERS, AGENTS,EMPLOYEES AND AUTHORIZED VOLUNTEERS. CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CITY OF OSHKOSH SHALL BE SUBMITTED PRIOR TO COMMENCEMENT OF THE WORK TO THE APPLICABLE CITY DEPARTMENT. THIS CERTIFICATE SHALL CONTAIN A PROVISION THAT COVERAGE AFFORDED UNDER THE POLICIES WILL NOT BE CANCELLED OR NONRENEWED UNTIL AT LEAST 30 DAYS PRIOR WRITTEN NOTICE HAS BEEN GIVEN TO THE CITY CLERK-CITY OF OSHKOSH. CERTIFICATE HOLDER CANCELLATION CITY OF OSHKOSH P.O.BOX 1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE OSHKOSH,WI 54903-1130 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I C Z, Ua) Q- ©1988-2015 AcORD CORUIRATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: A452470 COMMERCIAL GENERAL LIABILITY WB1450GL0118 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - NOT OTHERWISE CLASSIFIED This endorsement modifies insurance provided under the following: RECEIVED BUSINESSONERS COVERAGE FORM COMMERCIAL GENERAL G NERAL LIABILITY COVERAGE PART `BAN 2 1 2019 LIQUOR LIABILITY COVERAGE FORM DEPT 01= PUBLIC WORKS SCHEDULE OSHKOSH, WISCOONSIN Name of Person or Organization (Additional Insured): CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS 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 in- This endorsement provides no coverage to the addi- clude as an insured the person or organization shown tional insured for its liability arising out of the claimed in the Schedule as an additional insured, but only with negligence, statutory liability or fault of the additional respect to liability incurred solely as a result of some insured. act or omission of the named insured. As a condition of coverage, the additional insured It is further understood and agreed that the designa- shall be obligated to tender the defense and indemni- tion of the entity named as an additional insured does ty of every claim or suit to all other insurers that may not increase or alter the limit of liability, nor the scope provide coverage to the additional insured, whether of coverage of this policy. on a contingent, excess or primary basis. The coverage granted to the additional insured under this endorsement shall be excess over any other valid and collectible insurance, whether contingent, excess or primary. WB 1450 GL 01 18 West Bend Mutual Insurance Company Page 1 of 1 West Bend, Wisconsin 53095