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CCR1998027COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #27-98 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, revised Proposal and Contract Agreement, for exterior rehabilitation, critical phase paint inspection services 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 24TH DAY OF FEBRUARY, 1998 SPONSORED BY: PUBLIC UTILITIES COMMITTEE Ald. David J. Sanders AM Donna M. Woodard Ald. Mark A. Slocomb This is to certify that this is a true and accurate copy of Resolution #27-98 which was adopted by the Common Council of the City of Muskego. Clerk-psurer 2/98jmb DALE W. ARENZ DONALD S. MOLTER. JR JOHN P. MACY. H. STANLEY RIFFLE. COURT COMMISSIONER COURT COMMISSIONER - RICK D TRlNDL JEAN.HARIE RElLLY ERIC J. URSON LAW OFFICES or ARENZ, MOLTER, MACY & RIFFLE. S.C. 720 N EAST AVENUE P. 0. BOX 1348 WAUKESHA. WISCONSIN 53187-1348 TELEPHONE 548-4340 FACSIMILE E448.9211 AREA CODE 414 February 12, 1998 Mr. Scott Kloskowski CITY OF MUSKEG0 Public Utilities Superintendent Post Office Box 749 Muskego, Wisconsin 53150-0749 Re: Water Tower ReDaint/DixOn Enqineerinq Dear Scott: above-mentioned matter. I am in receipt of your letter dated February 11, 1998 concerning the I have reviewed my comments of November 19, 1997 and they have been incorporated in this draft of the contract. I have not reviewed this draft that you sent to me in its entirety, but I also note that the schedule of Engineering Services Fees marked Schedule C indicates that the fees are effective through June 30, 1998. You should review and make sure that these are the same fees, approved earlier. or( 96 I am returning the original of the documents to you. I will do nothing further concerning this matter unless I hear from you. Sincerely, ARENZ, MOLTER, MACY & RIFFLE, S.C. ~ ...,.. Donald S. Molter, Jr. DSM/~W Enclosure cc: Mayor David L. De Angelis Ms. Jean Marenda, Clerk Mr. Paul Shulman Professional Enpeers 8 Regisrered Lad Surveyors since I946 January 23, 1998 Mr. Scott Kloskowski 1 Jtilitv Suuerintendent .~~~~ City of Muskego W182 S8200 Racine Avenue ,~1 Post Office Box 903 Muskego, WI 53150 RE: Muskego Water Tower Repaint We are sending you the following: Shop Drawings ......... ...... Specifications ................... ... [ Copy of Letter(s). ..... ........ [ ...[ [ ....... ... [ Drawings, ...... [ Change Order Payment Authorization Other ...... ......... ....................... ............. .................. ... ......... These are transmitted as checked: ... For Approval ........ ... ... [I For your use .................... ............. [ As requested ......... [ Approved as noted ...................... ........... [ Returned for Corrections ..................... ... [ Resubmit - copies for Approval ... ... [ ............................... Approved as submitted ................. .............. [ REMARKS: Engineering for painting inspection services. SIGNED BY. Ruekert & Mielke, Inc. Paul D. Shulman PDSItag Enclosure Copy to: File r:\clienl\13\13921 I0.300\wrres\kloskowski-1998012~-muskego waler tower repaint.doc W239 N1812 ROCKWOOD DRIVE WAUKESHA, WISCONSIN 53188-1 I13 (414) 542-5733 FAX (414) 542-5631 DlXON ENGINEERINGAND INSPECTION SERVICES FORTHECOATING INDUSTRY TRANSMITTAL LElTER Ruekert & Mielke DATE: 1-21-98 Loke Oderro. MI 48849 1 I04 Third Avenue Fax 1-616-374/7116 Telephone 1-616-374/3221 ATTN Paul Shulman RE: ant -Ion for the 250.000 Pall-eFo .. .. Enclosed please find proposal(s) for services - Per your request For your information 0- For review and action For your files Paul, Per our discussion, I believe I sent a corrected proposal but it was not updated. Therefore, I have updated this proposal to today's date and we will just start over again. I am enclosing copies of the correspondence between the City's attorney and Bill Dixon. Any questions? Call me. Thanks, Paul. Signature: ~r)a/~, LZ" A~,, r Dixon Engineering, Inc Phone 414-529-1859 Fax 414-529-3120 Members: Steel Structures Painting Council American Water Works Association Consulting Engineers Council DIXON ENGINEERINGAND FOR THE COATING INDUSTRY INSPECTION SERVICES PROPOSAL AND CONTRACT AGREEMENT 250.000 gallon spheroid, 49-68-2141 1 I04 Third Avenue toke Oderro, MI 48849 Fox 1-616-374/7116 Telephone 1-616-37413221 This agreement between the Citv of Muskeisconsin hereinafter called OWNER and DIXON ENGINEERING, PIC. hereinafter called PROFESSIONAL, is as follows: The OWNER agrees to engage DIXON for c ritical insoeetion services hereinafter set forth. A. DIXON agrees to perform the pint insoection services as detailed in attached SCHEDULE A. B. OWNER agrees to pay DIXON as compensation for their services a fee which is anticipated not to .. . exceed Ihree Thousad. Three Hundred. and Fifty dollars ($3.350). Terms of payment shall be as detailed in SCHEDULE B. C. If additional services are requested by the OWNER which are not within the proposed scope of services as defined 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 DKON 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 &r 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 $ IOO/yr. (or part of year) as compensation if the OWNER requests to be named as additional insured on DIXON's insurance policy. (Year ends June 30.) This contract format shall include this cover sheet, Schedules A, B, C, and General Provisions. If this proposaVcontract 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 January 21.1998 PROPOSED by DIXON (No1 a CM until lppmved by UI offiiar) DATE CONTRACT APPROVED by OWNER POSITION DATE CO-SIGNATURE (ifrequired) POSITION DATE CONTRACT APPROVED by DKON OFFICER DATE Members: Steel Structures Painting Council American Water Works Association Consulting Engineers Council I. II. m. 1. n L. 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 specifications. The exterior primer coat will be inspected for umformity, coverage, and dry film thickness prior to application of the intermediate coat. One (1) visit to inspect the intermediate coating for uniformity, coverage, and dry film thickness prior to application of the topcoat. One (1) visit to inspect the exterior topcoat for uniformity, coverage, performance, and dry fih 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 completed according to contract requirements. One (1) visit to finalize the project to assure all items in the contract specifications have been completed, and the quality of workmanship meets contract requirements. 1. 2. 3. 4. 5. 6. I 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 up to $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 S3LIper 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 tlurty (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. Ifinspection 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 fiom 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 Engineering, Inc. Failure to notify Divon 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 Class Per Hour *Overtime Rate Principal. $125.00 Expert Witness (Office, Travel & Court). $160.00 Project Manager, $ 90.00 Registered Professional Engineer, $ 85.00 StaEEngineer - Level III. $ 65.00 to 70.00 StaEEngineer - Level 11. $58.00 to 65.00 StaiTEngineer - Level I. $52.00 to 60.00 CAW or CW Welding Inspector. $ 58.00 to 70.00 Inspector - Level ILI. $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. Exoenses la ... ... Mileage. $ .40/mile Meals & Lodging. $85.00 per diem per person (may be Without Lodgmg. $30/day Air Travel. Business fare from Grand Rapids, MI or Milwaukee, WI, plus 111 size car rental increased based on location) Material - gaskets, cathodic protection caps, etc. Negotiated FEES EFFECTIVE THROUGH JUNE 30,1998 GENERAL PROVISIONS - OWNER: General. The OWNER shall provide all criteria and full information ns OWNERS requirements for the Project; designate to DKONs submissions; and give prompt written notice to DMON whenever he observes or othenvise hecomes awnre a person to act with authority on OWNER'S behalf in respect to all aspects of the Project; examine and respond promptly of any defect in the work or breach of Conwact portions conducted by DMON. OWNER shall also do the following and pay all costs incident theretc: Guarantee access to and make all provisions for DKON to enter upon public and private property as may be necessary. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project. Agreement instrrrments of senice in respect of lhis project. They are not intended or represented to be suitable for reuse peuse of Documents: All documents. including Drawings and Specifications, prepared by DIXON pursuant to this by OWNER or others on extensions of the Project or on any other project. Ary reuse without written verification or adaptation by DMON for the specific purposes intended will be at the OWNER'S sole risk and without liability or legal exposme to DKON; end OWNER shall denmfy. hold harmless and defend DIXON from all claims. damages, losses and expenses arising out of or resulting therefrom. Any such verifmtion or adaptation will entitle DMON to further compensation at rates to be agreed upon by OWNER and DIXON. 3- days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof dm: The obligetion to provide finther senices under chis agreement may be terminated by either party upon seven through no fault of the terminating party. In the event of any termination DKON will be paid for all services rendered to the date of termination. all Expenses, termination expenses, all times an overhead and profit factor. assigns and legal representatives to the other party of the Agreement and to the pm-hers. successors. executors. succerslon & Assionment; OWNER end DIXON each binds themselves BS partners, successors, executors. adminislrators, ndmuushtors. sssigns. and legal repmatatives of such other party, in respect to all covenants, agreements and obligations of this Agreement. Neither OWNER nor DMON shall sssim sublet or asnsFer any rights under or interest in (including, but without limitation. moneys that may become due or moneys that are due) the Agreement without the written consent of the other, except to the extent that the dect of this limitation may be restricted by law. Unless specfically stated to the contrary in any written consent to an nssipnenL no sssignment will release or discharge the assignor from any duty or responsibility under this AgreemRll Nothing contained m lhis psragraph shall prevent from employing such independent consultants, associates and hhctors as they may deem appropriate to assist him in the performance of services hereunder. Nothing herein shall be construed to give any rights or benefib to anyone other than OWNER and DXON. of or relating to this A-t or he breach thereof will be decided through non-binding mediation by mutually agreeable Disuute Resolution: AU claims, cormtaclaims mutes and other matters in qmon between the parties hereto arising out parties ofexperts or lanym. If mediation fails, the dispute shall be resolved in the local court of law following the laws of the State of Wisconsin. e ..