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HomeMy WebLinkAboutDixon Engineering Sprint/Marion Road 2019 AGREEMENT This AGREEMENT, made on the or day ofMar-69) , 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and DIXON ENGINEERING, INC., 4811 South 76th Street, Suite 109, Greenfield, WI 53220, 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 CONSULTING SERVICES FOR SPRINT ANTENNA INSTALLATION ON MARION ROAD WATER TOWER. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Joseph T. Hoban, P.E. -Senior Project Engineer B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: Steven M. Gohde, P.E.-Assistant Director of Public Works/ Utilities General Manager I:\Engineering\Tracy Taylor\Steve Brand Agreements\Dixon Eng\Des Review&lost[nap-Sprint Antenna-Marion Rd Wtr Twr\Dixon Agreement cx 3-25-19.do Page 1 of 7 ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall 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. I:1Engineering\Tracy Taylor\Steve Brand Agreements\Dixon Eng\Des Review&Inst Inap-Sprint Antenna-Marion Rd Wtr Twr\Dixon Agreement_3-25-19.docx Page 2 of 7 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. 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. I:\Engineering\Tracy Taylor\Steve Brand Agreements\Dixon Eng\Des Review&inst Insp-Sprint Page 3 of 7 Antenna-Marion Rd Wtr Tvrs\Dixon Agreemem_3-25-19.docc 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 CONSULTANT's Proposal. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE 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. CONSULTANT's Proposal dated March 9, 2019 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. 1:\Engineering\Tracy Taylor\Steve Brand Agreements\Dixon Eng\Des Review&Inst Incp-Sprint Antenna-Marion Rd Wtr Twr\Dixon Agreement 3-25-19.docx Page 4 of 7 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: • Lump Sum Not to Exceed $4,600 (Four Thousand Six Hundred Dollars). B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this AGREEMENT executed by both parties prior to proceeding with the work covered under the subject amendment. D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark- up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s)not including documentation. ARTICLE 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. I:\Engineering\Tracy Taylor\Steve Brand Agreements\Dixon Eng\Des Review&Inst Insp-Sprint Page 5 of 7 Antenna-Marion Rd Wtr Twr\Dixon Agreement 3-25-19.doca 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. 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. I:\Engineering\Tracy Taylor\Steve Brand Agreements\Dixon Eng\Des Review&Mat Insp-Sprint Page 6 of 7 Antenna-Marion Rd Wtr Twr\Dixon Agreement 3-25-19.docx 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. 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: CONSULTANT By: 7#21 d7/2//, (Seal of Consultant 1%of (Vp lr U e t4 1- if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSH By: (Witness J s e, P.E., Director of Public Works I:\Engineering\Tracy Taylor Steve Brand Agreements\Dixon Eng\Des Review&Ins[Insp-Sprint Antenna-Marion Rd Wtr Twr\Dixon Agreement 3-25-19.dooc Page 7 of 7 DIXON RECEIVED 4811 Stvo 76th Street Suite 19 ENGINEERING & INSPECTION SERVICES MAR 2 5 2p19 Telephone: (414)529-1859 FOR THE COATING INDUSTRY EAU: (414)282-7830 1 ut "l113L1C \FORKS Proposal for AntennaDElS11.�' 1 11' w 1sc oNS1 N City of Oshkosh/Sprint(ML25XC085)Project Marion Tank 49-71-06-06 The Proposal is between Dixon Engineering, Inc. (DIXON) and City of Oshkosh,Wisconsin (OWNER)to contract with DIXON for technical services for Sprint(CONTRACTOR). 1.01 Payment DIXON shall provide, or cause to be provided, services detailed in Scope of Services and OWNER agrees to pay DIXON as compensation for their services the (not to • exceed/lump sum) fee of Four Thousand Six Hundred dollars$4,600. Terms of charges and payments per details in Schedule B. (Prices quoted are subject to change 90 days after proposal date, if not contracted.) 2.01 SCOPE OF SERVICES Design Review, Attend a Precon Meeting, and Installation Inspections 3.01 SIGNATURES Joseph T. Hoban March 9, 2019 PROPOSED by DIXON(Not a contract until approved by an officer) PROPOSAL DATE CONTRACT APPROVED by OWNER POSITION DATE CO SIGNATURE(if required) POSITION DATE CONTRACT APPROVED by DIXON OFFICER EFFECTIVE CONTRACT DATE 1 Members: Society of Protective Coatings•American Water Works Association •Consulting Engineers Council SCHEDULE A City of Oshkosh/Sprint(ML25XC085)Project Marion Tank 49-71-06-06 I. Design Drawings and Structural Calculations Review: a. Staff Engineer to review designs created by others. No calculations or Professional Engineering seal are included. II. Site Work for: a. Attend and participate in a Preconstruction Meeting. b. Perform Installation inspections as the project progresses and a final post inspection to compare with design criteria. These inspections include letter report and photographs. 2 SCHEDULE B City of Oshkosh/Sprint(ML25XC085)Project Marion Tank 49-71-06-06 I. PAYMENT a. When service is rendered Owner shall pay DIXON the following line item prices: i. Schedule A, Item I, Design Drawings and Structural Calculations Review, the lump sum of$1,450. b. Owner shall pay DIXON the following line items times the number of units used: i. Schedule A, Item II 1. (1) Preconstruction Meeting$1,050 per meeting 2. (2) Installation Inspections $1,050 per inspection II. INVOICES a. Invoices will be compiled monthly. b. All DIXON services that are outstanding more than thirty(30) days from date of issue shall be assessed (DIXON's favor) one and a half percent(1.5%) per month interest starting from 30 days after date of issue. 3 Schedule C Employee Billable Rates and Terms Antennas and Northern Wisconsin Labor Class Per Hour Overtime Rate* Principal S250.00 Project Manager $150.00 $275.00 Registered Professional Engineer S155.00 S277.50 Structural Engineer $150.00 S240.00 CWI Welding RPR S165.00 S275.00 Certified NACE RPR $130.00-S145.00 $195.00-$21750 NACE Level 2 or DIXON Level 3 RPR $105.00-5135.00 $15750-5202.50 NACE Level 1 or DIXON Level RPR 590.00-$115.00 $135.00-$162.00 Resident Project Representative—Level 1 SS5.00-S95.00 $127.50-$142.50 Contract Support Staff $110.00-S135.00 $165.00-$202.50 Expenses Metropolitan Out-State Mileage $0.70inule—tolls S0.60imile Lodging S120.00 per diem S110.00 per diem Meals S35.00 per diem S30.00 per diem FEES EFFECTIVE THROUGH: December 31, 2019 (Revised: 09.'20a2018) 4 • t A R COO RE,CEIV I: 'ONE1 DATE(MMOO P D YY)LB �� CERTIFICATE OF LIABILITY INSURANCE 0E(MM/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPpN,THE'HE CATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY .HE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUINya I`VSURER(S) UTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. )�(-'t�yI (J PI — Ut) IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorse WS.lEigOGATION 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 CONTACT Glick Dillon Insurance NAME: Pete Suminski 123 N Mitchell St P.O.B.389 (A/C,NONEo,Ext):231-775 3416 FAX No): 231-775-0817 Cadillac,MI 49601 E-MAIL Pete Suminski ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Auto Owners Insurance Company 18988 INSURED Dixon Engineering Inc INSURER B:EMC Insurance Companies 21415 William Dixon INSURER C:U.S.Specialty Insurance Co 29599 1104 3RD Ave Lake Odessa, MI 48849-1191 INSURERD: 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 INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X 33007656 11/01/2018 11/01/2019 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 300,000 X XCU MED EXP(Any one person) $ 10,000 PERSONAL 8,ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECOT X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER $ AUTOMOBILE LIABILITY COMB aBcINEDtSINGLE LIMIT $ 1,000,000 A X ANY AUTO X X 9536751602 07/01/2018 07/01/2019 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident $ AUTOS AUTOS- ) NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 9,000,000 A EXCESS LIAB CLAIMS-MADE X 9536751603 11/01/2018 11/01/2019 AGGREGATE _ $ 9,000,000 DED X RETENTION$ WAIVED $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY X STATUTE X ER Y/N B ANY PROPRIETOR/PARTNER/EXECUTIVE 5H7377019 10/13/2018 10/13/2019 E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liab USS1828843 i 07/01/2018 07/01/2019 Ea.Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) When required by contract or written agreement,City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers are included as Additional Insured with Waiver of Subrogation as indicated above.30 Day Cancellation notice is included CERTIFICATE HOLDER CANCELLATION CIOS001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave. P.O. Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh,WI 54903-5100 , .2(- ",e-'`— ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD