HomeMy WebLinkAboutOMNNI Associates CITY OF OSHKOSH
DEPARTMENT OF PUBLIC WORKS
215 CHURCH AVENUE,P.O. BOX 1130, OSHKOSH,WI 54903-1130
PHONE: (920)236-5065 FAX(920)236-5068
LETTER OF TRANSMITTAL
To: Ms. Cari Bodoh, P.E. Date: August 8,2018
OMNNI Associates, Inc. -Subject: Executed Agreement for Engineering
One Systems Drive Services for Lift Station Fall
Appleton, WI 54914 Protection Tie Points
Please find: Attached F] Under Separate Cover
[J Copy of Letter Contracts FlAmendment n Report n Agenda
[:1 Meeting Notes ❑ Photos F-1 Mylars F1 Change Order n Plans
F] Specifications F1 Estimates 0 Diskette ❑ Zip Disk El Other
...................— ------
Quantity Description
....
I Executed Agreement
These are being transmitted as indicated below:
F] For Approval Z For Your Use ❑ As Requested ❑ For Review&Comment
Remarks:
Enclosed is the executed agreement for the engineering services for the lift station fall protection tie
points. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order
number on all of your invoices.
If you have any questions, please contact us,
City Clerk's Office—Original
cc: —File—Original Signed:
Tra L.Tay 10
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AGREEMENT
T
'Phis AGB'E'EMENT', made on the clay of A(AU-1i 2018, by anti between the
CITY OF OSHKOSII, party of the first part, lie rein'aftek4efe rred to as CITY, and OMNNI
ASSOCIATES, INC., One Systems Drive, Appleton, WI 54914, 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 ENGINEERING SERVICES FOR LIF'I' S'l`AT'[ON FALL PROTECTION
TIE POINTS.
ARTICLE? L-fRE sO (.J:MANAGER
J- - -
A. Assignment of Project Manager. The CONSULTANT shall assign the following
individual to manage the PROJEcr described in this AGREEMENJ:
Cari A. Bodoh, P.E.-Structural Engineer
B, Changes in Project Manager. The CITY shall have the right to approve or disapprove of
an), proposed change from the individual named above as Project Manager. The CITY shall be
provided with a re,sunie or other information for any proposed substitute and shall be given the
opportunity to interview that person prior to any proposed change.
ARTICLE 11. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the PR( ECT described in this
AGREEMENT:
Kevin Sorge-Wastewater Treatment Plant Manager
ARTICLE 111. SCOPE OF WORK
The C'ONSULTANT shall provide the services described in the CONSULTANT's Scol)e of
lervi,'Cs. 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 CONSUI-JANT, and shall remain
the property of the CITY.
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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 VIL 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.
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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 CONSULTANT's Scope of Services.
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 CONSUL.TANT'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 Scope of Services dated June 25,2018 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.
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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$3,000 (Three Thousand 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-Lip. All
invoices with expense,-, 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.
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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 histiraiice RcquirmieWs.
ARTICLE XV. TERMINATION
A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any
of the obligations tinder 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 tinder 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 PROJECT 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.
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.AR"1']C[-,EXVIII, NO THIRD-I"IAIZ'I'YBf NEFICIARIES
...............................— —
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:
(Seal of Consultant
if a Corporation) (SpecifyTitle)
By:
(Specify"Title)
CITY OF OSHKOSH
By:
(Witness) Mark A. Rohloff, City Manage
And:
(Witness) Nmela R. Ubrig, City Clerk
APPROVM I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue Under this AGREEMENT.
orney
orncy
,City Comptroller
' rracy Taylor\Stvve I3mndAgrovmenW0,\1NN I\0\INN I Agrvemont-Lift Star Fan
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ENGINEERING ONE SYSTEMS DRIVE
ARCHITECTURE APPLETON,WI 54914
ENVIRONMENTAL 920-735-6900
0A s s o e A r s FAX 920-830-6100
June 25, 2018 RECEIVED
Original proposal sent to All-Lift Systems on April 30, 2018
JUL - 3 2018
Tracy Taylor
Department of Public Works Dt'PT OF PUBLIC WORKS
City of Oshkosh OSHKOSH, WISCONSIN
Re: Proposed Scope of Engineering Services for Lift Station Fall Protection Tie Points
Proposal No.: OM18102
Tracy:
As a follow-up to my meeting with Shane Lehr on April 27, 2018,we thank you for the opportunity to
offer this proposal.
Proiect Description: The City of Oshkosh would like OMNNI to locate and design anchorage for(18)
total fall protection tie point locations at the(14) lift stations.
The Scope related to this effort will consist of:
I. One(1)field visit is included to field measure and review existing conditions and was completed
on April 27th.
2. Complete calculations to review the existing structures and design and detail new structures to
support the tie points. See the attached spreadsheet"OM18102ALS—City of Oshkosh Lift
Station Fall Restraint Tie Points"for a summary of anticipated anchors and required new
sonotube foundations.
a. At locations noted"Didn't visit—unknown if concrete is large enough", we will provide
minimum anchor bolt to concrete edge distances required on the plan. If there is not
enough clearance, then a concrete sonotube installation will be required.
b. Drawings provided will show approximate locations of tie points as discussed during the
field visit. Final locations of the tie point will be per City of Oshkosh.
3. Create drawings of the fall protection tie point locations and installations. Drawings shall
include:
a. Partial plans showing tie point locations
b. Structural detail(s)
c. Material specifications will be noted on the drawings
4. Construction drawings will be issued via email in pdf format for you use and distribution to your
selected contractor(s).
5. Stamped engineering calculations and construction drawings will be provided to the City for your
records.
6. No formal meetings have been included in this fee. Coordination and communication with the
Owner after the initial site visit will be done via email and phone.
Clarifications and Exclusions related to scope of work:
1. OWNER will grant total access to all project related data.
2. All drawings will be issued electronically, Any drawing hard copies will be charged to you at our
cost.
3. The use of a digital camera and laser measuring device as provided by OMNNI is requested.
4. The cost of fees for State or local reviews has not been included.
5. Use of phones,fax,cell phones, and computers is included in our rates.
6. Construction cost estimates and construction administration are not included in this fee.
7. No site visits for construction field support are included.
8. Record drawings of final construction are not included in this fee,
Cost of Services:
OMNNI Associates,Inc. proposes to perform the outlined engineering and design work on a fixed fee
basis. The proposed fee, including travel costs is:
Project Fee: $3,000.00
Schedule:
To be determined, with work to start after receipt of PO. We are a few weeks out at this time to start the
work but will work with you to meet the needs of the project.
Terms:
Prices and terms set forth in this proposal remain valid for a period of 30 days from the proposal issue
date, after which time OMNNI Associates reserves the right to review and revise said prices and terms.
If, during the project, any changes to the scope or performance requirements are discovered or requested,
and the changes have an effect on the fee proposed, we will modify the work scope and fee accordingly.
Work on scope changes will not proceed without written authorization.
Thank you again for the opportunity to provide you with our services. Please do not hesitate to call us
with any questions regarding this proposal, We look forward to working with you on this project.
Respectfully,
e9XV44
Cari A. Bodoh, P.E.
Structural Engineer
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Menasha,WI 54962-0389 �__. ADD E-MAI65;_
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INSURED Omnni Associates Incm�-�- -------____�___ INsuftEft e: — —�--�-�-----_-��-- ---.
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10 E. Doty Street, Suite 800 ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Madison, WI 53703 Zn1 INSURER A: XL SPECIALTY INS CO v6� 37885
INSURED INSURER B:
OMNNI Associates, Inc.
pEPT OF PUBLIC WORK NSURERC:
One Systems Drive OSHKOSH, WISCONSIN INSURER0:
INSURER E:
Appleton, WI 54914 INSURERF: —— - --
COVERAGES CERTIFICATE NUMBER:53318483 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.
INR TYPE OF INSURANCE ADDL S BYE---' --�-POLICY NUMBER MM ICY Err POLIOY EXP S. YYYY LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
CLAIMS-MADE. OCCUR PREMISES(Ea occur en e) $
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO- _....._.._......_.._,.......... ,__.-------
POLICY ,JECT LOG PRODUCTS-COMP/OP AGG $
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
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
$
UMBRELLALIA11 OCCUR EACH OCCURRENCE $
EXCESS LIAR _ CLAIMS-MADE AGGREGATE S
DED [771RETENTION$ $
WORKERS COMPENSATION
OTH-
AND EMPLOYERS'LIABILITY YIN _,_-, STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE I�"""') N/A E.L.EACH ACCIDENT $
OFFICER/MEMBEREXCLUDED7 L_J ""--""""'�"""""-- --
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under ---- .'"..."............".."_."'
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Professional Liability DPR9922064 02/18/18 02/18/19 Each Claim 2,000,000
Claims Made Aggregate 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
A provision for a 30-day notice of cancellation to the certificate holder applies.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Department of Public Works ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Tracy Taylor
215 Church Avenue AUTHORIZED REPRESENTATIVE
PO Box 1130
Oshkosh, WI 54903-1130
USA G/f!1'
O 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
tatoeckerwi
53318483