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CCR1997197AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #197-97 APPROVAL OF PROPOSAL AND CONTRACT AGREEMENT BETWEEN THE CITY OF MUSKEG0 AND DlXON ENGINEERING, INC. (Water Tower Inspection) BE IT RESOLVED that the Common Council of the City of Muskego. upon the recommendation of the Public Utilities Committee, does hereby approve the attached Proposal and Contract Agreement, as amended, for exterior rehabilitation, critical phase paint inspection of the City's water tower BE IT FURTHER RESOLVED that the Mayor and Clerk-Treasurer are authorized to execute the Agreement in the name of the City. DATED THIS 26'h DAY OF AUGUST, 1997 SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders Ald. Donna M. Woodard Ald. Mark A. Slocomb This is to certify that this is a true and accurate copy of Resolution #I 97-97 which was adopted by the Common Council of the City of Muskego. 8l97jmb COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #197-97 APPROVAL OF PROPOSAL AND C BETWEEN THE CITY OF MUSKEG0 AN (Water Tower Inspection) BE IT RESOLVED that the Common Council oft recommendation of the Public Utilities Committe Proposal and Contract Agreement for exterior r inspection of the City's water tower BE IT FURTHER RESOLVED that the Mayor a execute the Agreement in the name of the City. DATED THIS DAY OF AUGUST, 1997 SP~NSORED BY: UBLIC UTILITIES COMMITTEE Ald. David J. Sanders ' Ald. Donna M. Woodard Ald. Mark A. Slocomb This is to certify that this is, a true and accurate copy of Resolution #197-97 which was adopted by the Common Council of the City of Muskego. 1 Clerk-Treasurer 8/97jmb ~~ DlXON EI.cGINEERINGAND INSPECTION SERVICES FOR THE COATING INDUSTRY TeIe;hane 1.616-:i.1132?i I i 02 iilrd A,,E~UE LokeOderro, MI 26835 Fcx L4it-3747ilt PROPOSAL AND CONTRACT AGREEMENT 250,000 gdon spheroid, 4948-21-01 This agreement between the Citv of Muskeeo. Wisconsin hereinafter called OWNER and DIXON ENGINEERING, INC. hereinafter called PROFESSIONAL, is as follows: The OWNER agrees to engage DIXON for exterior rehabilitation. critical oh- inspection services hereinafter set forth. A. DIXON agrees to perform the paint insoection services as detailed in attached SCHEDULE A. B. OWNER agrees to pay DIXON as compensation for their services the sum of Three Thousand, Three Hundred. and Fifty dollars ($3.350). Terms of payment shall be as detailed in SCHEDULE 0. C. IF additional services are requested by thc OWNER which are not within the proposed scope of services as defmed in ITEM A., then these services will be charged on the basis of the Fee Schedule as detailed in attached SCHEDULE C. D. The OWNER and DIXON agree to the conditions as set forth in the attached GENERAL PROVISIONS of the agreement. E. Prices stated in the proposal are subject to change after ninety (90) days and will be mutually agreed upon by the OWNER and DIXON unless approved as a contract prior to ninety days. F. OWNER agrees to pay DIXON %lOO/yr. (or part of year) as compensation if the OWNER requests to be named as additional insured on DlXONs insurancc policy. (Year ends lune 30.) This contract format shall include this cover sheet, Schedules A, B, C, and General Provisions. If this proposaUcontract is for more than one service, multiple Schedules A and B may be used. Any changes in this proposdcontract should be addressed by a separate addendum. Mari Anne Eldridee June 20.1997 PROPOSED by DLXON (No1 P conlra~l until approved by M oficer) DATE CONTRACT APPROVED by OWNER POSITION DATE CO-SIGNATURE ($required) POSITION DATE CONTRACT APPROVED by DRON OFFICER DATE Members: Steel Structures Painting Council American Water Works Association Consulting Engineers Council 1. 11. m. 1 2. 3. 4. SCHEDULE A Critical Phase Inspection Services 250,000 gallon spheroid Muskego, Wisconsin Project .Administration: A. Project administration for the purpose of coordinating the inspection program, local inspector assistance, secretarial services, and scheduling of inspection visits. Pre-Construction Meeting: A. Attend a pre-construction meeting Exterior critical phase paint inspection: Two (2) visits to inspect spot tool cleaning for thoroughness, surface profile, and compliance with spetfications The exterior primer coat WIII be inspected for uniformity, coverage, and dry film thickness prior to application of the intermediate coat. One (I) visit to inspect the intermediate coating for uniformity, coverage, and dry film thicknes,~ prior to application of the topcoat. One (1) .$isit to inspect the exterior topcoat for uniformity, coverage, performance, and dry film thickness for compliance with specifications. Examine the overall project for possible damage caused by equipment removal. Review all contract items to assure they have been complet1:d according to contract requirements. One (1) .isit to finalize the project to assure all items in the contract specifications have been completl:d, and the quality of workmanship meets contract requirements. 1 2. 3. 4. 5. 6. 7 8. 9. SCHEDULE B Critical Phase Inspection Services 250,000 gallon spheroid Muskego, Wisconsin Compensation for project administration, Schedule A, Item I, shall be the time and material fee of $400. Payment shall be due as project progresses. Compensation for participation at the pre-construction meeting, Schedule A, Item 11, shall be the lump sum fee of $450, and will include preparation and travel time. Payment for paint inspection services shall not exceed (without prior approval from the Owner) Two Thousand. Five Hundred dollars ($2,500) based on a =per visit fee with - 5 visits recommended. The Professional reserves the right to send the level of Inspector he feels necessary based on the contractor, project scope and project progress. Laboratory services shall be an additional service with fees invoiced based on actual costs incurred from the selected laboratory. Invoices will be compiled after the 20th. of the month and shall include from the 20th. of the preceding month to the 20th. of the invoiced month. All Professional service fees which are paid within ten (IO) days of date of issue shall be discounted (Owner's favor) one and one-half percent (1.5%). All Professional service fees which are outstanding more than thirty (30) days from date of issue shall be assessed (Professional's favor) one and one-half percent (1.5%) per month interest from date of invoice issue. If inspection services can be combined during one visit, the per visit fee of one visit shall apply for the main inspection item, and the additional item shall be considered an additional service, and the Professional shall be compensated under the provisions of Schedule C of the contract. Expenses from laboratory testing shall be invoiced separate and in addition to this contract. Laboratory shall be an additional service with fees invoiced based on actual costs incurred from the selected laboratory Request for visits shall be forthcoming from the Owner in writing unless other arrangements may be agreed upon by the Owner and Dixon Engmeering, Inc. Failure to not@ Dixon Engineering, Inc. of the necessity to change inspection dates twenty-four (24) hours in advance, and which result in unnecessary travel and expense to Dixon Engineering, Inc. shall be compensated for as travel and expense under the provision of Item C of the contract. The compensated expenses may equal but not exceed the per visit fee. SCHEDULE C Engineering Services Fees Labor Clu Per Hour: *Overtime Rate Principal. $125.00 Expert Witness (Office, Travel & Court). $160.00 Project Manager. $ 90.00 Registered Professional Engineer. $ 85.00 Staff Engineer - Level 111. $ 65.00 to 70.00 Staff Engineer - Level 11. $ 58.00 to 65.00 StafFEngineer - Level I. $ 52.00 to 60.00 CAW or CWI Welding Inspector, $ 58.00 to 70.00 Inspector - Level 111. $ 55.00 to 65.00 Inspector - Level 11. $ 50.00 to 57.50 Inspector - Level I. $ 45.00 to 52.50 Secretarial Services. $40.00 and expenses Bookkeeping Services. $40.00 Project Status Meetings wProject Engineers and Council or Board Meetings. Time and Expenses, including Preparation Time *All Saturday, Sunday, and holiday inspections are on overtime rate. Overtime rate is base rate plus $10.00. Overtime rate does not apply to Principal. Expenses Mileage. $ .40/mile Meals & Lodging. $85.00 per diem per person (may be Without Lodging. $30/day Air Travel. Business fare from Grand Rapids, MI or Mdwaukee, WI, plus full size car rental increased based on location) Material - gaskets, cathodic protection caps, etc. Negotiated FEES EFFECTIVE THROUGH DECEMBER 3 1,1997 Oi GENERAL PROVISIONS - OWNER: General: The OWNER shall provide all criteria and full information as OWNER's requirements for the Project; designate a person to act with authority on OWNER'S behalfin respect to all aspects of the Project; examine and respond promptly to DIXONs submissions; and give prompt written notice to DIXON whenever be observes or otherwise becomes aware of any defect in the work or breach of Contract portions conducted by DIXON. OWNER shall also do the following and pay all costs incident hereto: Guarantee access to and make all provisions for DIXON to enter upon public and private property as may be necessary. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project. Reuse of Documents: All documents, including Drawings and Spec~cations, prepared by DKON pursuant to this Agreement are inshuments of service in respect ofthis project. They are not intended or represented to be suitable for reuse by OWNER or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by DEON for the specific purposes intended will be at the OWNER'S sole risk and without liability or legal exposure to DKON; and OWNER shall in-. hold harmless and defend DIXON from all claims, damages, losses and expenses arising out of or resulting therefiom. Any such verification or adaptatioo will entitle DXON to further compensation at rates to be agreed upon by OWNER and DIXON. Termination: The obligation to provide further services under hs agreement may be terminated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Ln the event of any termination DIXON will be paid for all services rendered to the date of termination. all Expenses, termination expenses; all times an overhead and profit factor. Succession & Assiment: OWNER and DKON each binds themselves as partners. successors, executors, administrators, assigns and legal representatives to the other party of the Agreement and to the partners, successors, executors. admuisfratam, assigns, and legal representatives of such other paq, in respect to all mvenants, agreements and obligations of this Agreement. Neither OWNER nor DIXON shall assim sublet or kamfer any rights under or interest in (including. but without limitation, moneys that may become due or moneys that are due) the Agreement without the winen consent of the other, except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agre~nent Nothing contained in this paragraph shall prevent from employing such independent consultants, associates and subcontractors as they may deem appropriate to assist him in he performance of services hereunder. Nothing herein shall he construed to give any rights or benefits to anyone other than OWNER and DEON. Disoute Resolution: AU claims, eoun~erclaims, drsputes and other matters in question between the parties hereto arising out of or relating to this Agreement or the breach thereof dl be decided through non-bindmg memation by mutually agreeable parties ofexperk or lawyers Ifmediation fails, the dispute shall be resolved in the local corn of law following the laws of the State ofMictugan.