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SEPTEMBER 15, 2004
04-321
RESOLUTION
(CARRIED
7-0
LOST
LAID OVER
WITHDRAWN
PURPOSE:
AMEND AGREEMENT FOR ENGINEERING CONSULTING
SERVICES FOR INTAKE AND TRANSMISSION MAIN AND PLANT
IMPROVEMENTS I WATER FILTRATION PLANT
INITIATED BY:
DEPARTMENT OF PUBLIC WORKS
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Amendment to the Agreement with MWH Americas, Inc to extend the termination date for
the original agreement as previously amended and to amend the scope of services to
include design and engineering services related to city contracts 02-01 related to Raw
Water Intake and Transmission Main and 02-02 related to Water Treatment Plant
modifications is hereby approved and the proper City officials are hereby authorized to
execute and deliver the agreement in substantially the same form as attached hereto, any
changes in the execution copy being deemed approved by their respective signatures, and
said City officials are authorized and directed to take those steps necessary to implement
the terms and conditions of the Agreement.
BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated
from:
Acct. No.
541-181 0-1799-00000
Water Utility -- CIP
5.
17AUG04
AMDT4
AMENDMENT NO.4
FOR
AGREEMENT FOR ENGINEERING CONSULTING SERVICES
FOR
DESIGN AND CONSTRUCTION ENGINEERING SERVICES FOR
INTAKE, TRANSMISSION MAIN AND PLANT MODIFICATION IMPROVEMENTS
1.
PURPOSE
The purpose of this Amendment No.4 is to:
.
extend the overall termination date for the Agreement, as previously amended, in order to
provide engineering services during construction beyond the original construction
completion date fòr City Contract 02-01. Said extension is necessary because Contractor
has failed to complete its work by the date of Final Completion provided in City Contract
02-01; and
.
amend the scope of services under the Agreement and Task Orders No.1 and 2, as
previously amended, and provide compensation for additional engineering services during
construction performed under Task Order No.2.
2.
TIME SCHEDULE
Under Article 4, TIME SCHEDULE of the Agreement, change "53" to "61.
3.
TERM OF AGREEMENT
Under Article 5, TERM OF AGREEMENT, change "November 1,2004" to "July 1,2005".
4.
SCOPE OF SERVICES
MWH will perform the following tasks as further described in the Agreement and in Task Orders
No.1 and 2, all as amended herein:
A. For design engineering services.and engineering services during construction related to City
Contract 02-01, Raw Water Intake and Transmission Main, the scope shall remain unchanged;
and .
B. For work associated with City Contract 02-02,Water Treatment Plant Modifications and
Demolition, design work shall be limited to preliminary engineering studies for the water
treatment facilities as identified in the current scope of work and culminating in a
comprehensive Basis of Design Memorandum for these facilities, said Memorandum to serve
as a planning document in the City's development of a long-term plan to address the needs of
its water system.
SCHEDULE
Activities under Task Order No.2 are anticipated to be complete by May 1, 2005.
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6.
DELIVERABLES
The deliverables to be furnished by MWH under Task Order No.2 will be limited to those for City
Contract 02-01, except for the Basis of Design Memorandum for Contract 02-02 as hereinbefore
descn"bed.
7.
COMPENSATION
Payment to MWH for all design engineering services and assistance in applying for SDWLP
funding shall be $1,102,722.00, said services being complete and payment in full acknowledged as
received by MWH.
Payment to MWH for engineering services during construction as authorized under Task Order
No.2 shall be on a cost plus fee basis, with an estimated not-to-exceed ceiling of$1,362,234.00.
Further breakdown of the estimated additional fee for engineering services during construction is
included in the attached August 17,2004 letter request from James A. Zdeb ofMWH to David
Patek of the City of Oshkosh.
IN WITNESS WHEREOF, the parties below have caused this Amendment No.4 to be executed on the date
written below by their authorized officers and representatives.
MWH AMERICAS, INe.
Title:
Vice-President
Date:
/1~J
17)2ðð4-
CITY OF OSHKOSH
Recommended:
Director of Public Works
By:
CIty Manager
City Clerk
17AUGO4
AMDT4
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I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin,
under the within Task Order.
Comptroller
APPROVED
City Attorney
17AUG04
AMDT4
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