HomeMy WebLinkAboutEarth Tech/Sawyer Creek-06
OJ
~_.._-_.._"..- .-
1~I~o~ ~6n2~6j~
CONSULTING AGREEMENT AND AUTHORIZATION TO PROC ~ITy' CLERK'S OFFICE
.'
~1II._. LIt ._~~ I.' MlIl...
This Agreement between EARTH TECH, Inc, a California corporation, ("ETI") with offices at 4135 Technology
Parkway, Sheboygan, WI 53083, and City of Oshkosh ("CLIENT"), with offices at 215 Church Street,
Oshkosh, WI 54902.
1 . ETI agrees to perform the services described in the attached PROPOSAL dated: September 21 , 2006,
including attachments and amendments ("SERVICES").
2. CLIENT authorizes ETI to perform these SERVICES for the following project and location:
Sawyer Creek Interceptor East of Clairville Road
3. ETI is willing to perform the SERVICES in exchange for the estimated fee of $38,900.
CLIENT will pay on a time and material basis according to the attached PROPOSAL.
4. Billing: ETI will submit invoices to CLIENT monthly. CLIENT recognizes that timely payment is a
material part of this Agreement. Each invoice is due and payable within thirty (30) calendar days of the
date of the invoice. CLI ENT will pay an add itional charge of one and one-half percent (1.5%) per month
not to exceed the maximum rate allowed by law for any payment received by ETI more than thirty (30)
calendar days from the date of the invoice.
5. Special Provisions: As attached.
6. CLIENT RECOGNIZES THAT THE PRESENCE OF HAZARDOUS MATERIALS OR POLLUTION ON
OR BENEATH THE SURFACE OF A SITE MAY CREATE RISKS AND LIABILITIES. CONSULTANT
HAS NEITHER CREATED NOR CONTRIBUTED TO THIS POLLUTION. CONSEQUENTLY, CLIENT
RECOGNIZES THIS AGREEMENT WILL ACCORDINGLY LIMIT CONSULTANT'S LIABILITY.
CLIENT confirms reading this document in full (including the terms 7 through 18 on the following page). This
Agreement when executed by Earth Tech is an offer to perform the services, open for acceptance within 30
days. This Agreement becomes effective on the date CLIENT signs below.
CLIENT - ~/"'.7 OF; OSHKO.S!l~CONSIN
BY:~~ / ;,ffP',
Name: R'.:.~At{b A. W<.l..LA"'~1(
ETI - ~ TECH, Inc.
By: vL~~U.he,
Name: Ronald A. Clarke. AlA. DBIA
Title:
c. '!J tVf,ItNAcd.
If)" ~. 2A:cb
Title: Vice President
Date: q /1.:z.." ) Ote
Date:
L:IGROUPlADMIN\BETTYWITRANS\BETTYlT JOHNSONIOSHSAWYERCR825.DOC
EARTH@)T E C H
A tqco INTERNATIONAL LTD. COMPANY
Page 1 of 4
Signed for and in behalf of the City of Oshkosh
~ -~'
p~~~#
AnoptA.~ ,-Jowcel ~ CHytfo1C
..~
~ ~~JNO t.A~
Edward A. Nokes, City Comptroller
I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this contract.
IA of 4
..
,
7. Standard of Care: EH will perform the Services in accordance with the standards of care and diligence normally practiced by consulting
firms performing services of a similar nature in the same locale.
8. Indemnity /limitation of Liability: Subject to any limitations stated in this Agreement, ETI will indemnify and hold harmless CLIENT, its
officers, directors, employees, and subcontractors, from and against all claims and actions, including reasonable attorneys fees, arising out of
damages or injuries to persons or tangible property to the extent they are caused by a professionally negligent act, error, or omission of ETI or any
of its agents, subcontractors, or employees in the performance of Services under this Agreement. ETI will not be responsible for any loss, damage,
or liability arising from any contributing negligent acts by CLIENT, its subcontractors, agents, staff, or consultants. Neither party will be
responsible to the other for consequential damages including, but not limited to, loss of profit, loss of investment or business interruption. The
CLIENT also agrees to seek recourse only against ETI and not against its officers, employees, directors, or shareholders.
9. Insurance: During the period that Services are performed under this Agreement, ETI will maintain the following insurance: (1) Workers'
Compensation coverage in accordance with the laws of the states having jurisdiction over its employees engaged in the Services and Employer's
Liability Insurance (limit of$500,000 each occurrence.); (2) Commercial General Liability Policy with a limit of $1 ,000,000 per occurrence and a
$2,000,000 aggregate; (3) Commercial Automobile Liability with a limit of $500,000 per occurrence and a $1,000,000 aggregate; and (4)
Professional Liability coverage with a $500,000 limit on each claim and a $1,000,000 aggregate. Client agrees ETl will not be liable for any loss,
damage, or liability arising out of this Agreement beyond the coverage and conditions of such insurance with limits as stated above.
10. Hazardous Substances/Hazardous Waste: CLIENT represents that if CLIENT knows or has reason to suspect that hazardous substances or
pollution may exist at the project site, CLIENT has fully informed ETI. In the event ETI encounters hazardous substances or contamination
significantly beyond that originally represented by CLIENT, ETI may suspend its Services and enter into good faith renegotiation of this
Agreement. CLIENT acknowledges that ETI has no responsibility as a generator, treater, storer, or disposer of hazardous or toxic substances
found or identified at a site and CLIENT agrees to defend, indemnify, and hold harmless ETI, from any claim or liability, arising out of ETI's
performance of work under this Agreement and made or brought against ETI for any actual or threatened environmental pollution or contamination
except to the extent that ETI has negligently caused or contributed to any such pollution or contamination. This indemnification includes
reasonable attorney fees and expenses incurred by ETI in defense of such claim.
11. Sample Ownership: All samples and cuttings of materials containing hazardous contaminants are the property and responsibility of CLIENT.
Removal of cuttings from the project site will remain the obligation of CLIENT. Absent direction from CLIENT, ETI may return all contaminated
samples and laboratory byproducts to the CLIENT for proper disposal or treatment.
12. Buried Utilities: In those situations where ETI performs subsurface exploration, CLIENT, to the extent of its knowledge, will furnish to ETI
information identifying the type and location of utilities and other man-made objects beneath the surface of the project site. ETI will take
reasonable precautions to avoid damaging these utilities or objects. Prior to penetrating the site's surface, ETI will furnish CLIENT a plan
indicating the locations intended for penetration. CLIENT will approve the location of these penetrations and authorize ETI to proceed.
13. Documents and Records: CLIENT acknowledges that ETI's reports, boring logs, field data, field notes, laboratory test data, calculations,
estimates and other similar documents ("Records") are instruments of professional service, not products. All data ETI prepares for CLIENT under
this Agreement will remain the property of ETI. CLIENT will not use any ETI data or report for any purpose other than its original purpose as
defined in the PROPOSAL. CLIENT has no rights to incomplete or partial data. ETI will retain these Records for a period of three (3) years
following completion of this project. During this time, ETI will reasonably make available the records to the CLIENT. ETI may charge a
reasonable fee in addition to its professional fees for retrieving or copying such records.
14. Change Orders: ETI will treat as a change order any written or oral order (including directions, instructions, interpretations or
determinations) from CLIENT which request changes in the Services. ETI will give CLIENT notice within ten (10) days ofthe change order of
any resulting increase in fee. Unless Client objects in writing within five (5) days, the change order becomes a part of this Agreement.
15. Third-Party Rights: Except as specifically stated in this Agreement, this Agreement does not create any rights or benefits to parties other
than CLIENT and ETI.
16. Assignment! Status: The CLIENT will not delegate, assign, sublet, or transfer any interest in this Agreement without the written consent of
ETI. ETI is an independent consultant and not the agent or employee of CLIENT.
17. Termination: Either party may terminate the Services with or without cause upon ten (10) days advance written notice. If Client terminates
without cause, CLIENT will pay ETI costs incurred, noncancelable commitments, and fees earned to the date of termination and through
demobilization, including any cancellation charges of vendors and subcontractors.
18. Complete Agreement: The Parties acknowledge this Agreement, including the Proposal and any Attachments constitute the entire Agreement
between them. Unless stated otherwise in this Agreement, this Agreement may not be modified except in a writing signed by both parties. The
parties agree that Wisconsin law governs this Agreement and any dispute involving the Agreement.
EARTH@)T E C H
L:IGROUPlADMIN\BETTYWlTRANS\BETTYlT JOHNSONIOSHSAWYERCR825.DOC A tqca INTERNATIONAL <TO. COMPANY
Page 2 of 4
"',
PROPOSAL
SAWYER CREEK INTERCEPTOR
OSHKOSH, WISCONSIN
SEPTEMBER 21, 2006
PART 1
EARTH TECH'S RESPONSIBILITIES
DESCRIPTION OF PROJECT
The project consists of providing a field survey and design for the proposed Sawyer Creek Interceptor located
on the south side of Sawyer Creek between the intersections of Fox T ail Lane/Bernheim Street and West 20th
Avenue/Clairville Road on the southwest side of the City of Oshkosh.
SCOPE
Services to be provided for the Project are as follows:
Design Services
1. Stake proposed interceptor alignment across open spaces areas.
2. Review route in field with Department of Natural Resources and Winnebago County Planning
Department personnel.
3. Conduct a field survey to produce a topographic map of the proposed interceptor route. Map will
include flood plain limits and wetland limits based on existing Winnebago County mapping.
4. Assist the Client in obtaining subsurface information. When, in the opinion of ETI, soil borings or
other subsurface explorations are necessary to secure information for design purposes, Ell will assist
the Client in selecting a geotechnical firm to make the subsurface explorations and prepare a
geotechnical report. The contract for geotechnical work shall be between the Client and the
geotechnical firm and the costs shall be paid by the Client.
5. Prepare construction drawings and supplemental specifications on drawings appropriate for receiving
competitive bids for:
.
18-inch Sanitary Sewer
5,400 feet
6. Assist the Client in obtaining approval of the bidding documents from the Department of Natural
Resources and East Central Wisconsin Regional Planning Commission.
7. Assist the Client in obtaining a construction permit from the Winnebago County Highway Department
for work on CTH "K".
8. Assist the Client in obtaining a Shoreland Zoning permit from the Winnebago County Planning
Department for construction along Sawyer Creek.
9. Assist the Client in applying for Chapter 30 permit for stream crossing from the Wisconsin
Department of Natural Resources and Corps of Engineers.
10. Prepare an erosion control plan and Notice of Intent in accordance with NR216.
11 . Review the plans with Client for approval by the Client.
EARTH@)T E C H
L:\GROUPIADMIN\BETTYWlTRANS\BETTYlTJOHNSONlOSHSAWYERCR825.DOC A tqCD INTERNATIONAL LTO. COMPANY
Page 3 of 4
. f ',f
.,. ~
12. Attend Client meetings to inform the Client of the status of the project.
13. Prepare a statement of probable cost for the proposed construction.
14.. Supply 1 reproducible copy and Auto CAD digital file of the drawings to the Client for use in bidding
the project. Supply digital file of field survey used for base map.
Assu mptions/Conditions
This Agreement is subject to the following assumptions/conditions:
1. All services will occur in 2006.
Additional Services
ETI will provide the following services, on an "as-needed" basis at the request of the Client, for additional
compensation:
1 . Floodplain analysis.
2. Wetland delineation.
3. Other services requested by the Client.
PART II
CLIENT'S RESPONSIBILITIES
Client, at its expense, shall provide the following:
A. The Client agrees to meet with ETI representatives, if required, and make timely decisions regarding
design details.
B. Provide all criteria and full information as to Client requirements for the Project, obtain (with ETI's
assistance, if applicable) necessary approvals and permits, attend Project-related meetings, provide
interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and generally
participate in the Project to the extent necessary to allow ETI to perform the Services.
C. Obtain permission to enter the property and adjoining properties in order to conduct the field services
above.
D. Client will prepare easement descriptions, obtain easements, assemble bidding documents using City
bid requirements and specifications, advertise for bids, recommend award, provide construction
administration, staking and inspection layout for the project.
E. Provide final development plan for area on north side of W. 20th Avenue.
F. Pay all permit and review fees that may be required directly to the agency requiring fee submittal.
PART III
COMPENSATION, BILLING, AND PAYMENT
Client shall pay ETI for the Services in accordance with the following:
The estimated fee for these services including Items 1 through 14 is $38,900.
EARTH@)T E C H
L:\GROUPIADMIN\BETTYWlTRANS\BETTYITJOHNSONlOSHSAWYERCR825.DOC A tqco INTERNAnoNAL Lm. COMPANY
Page 4 of 4