HomeMy WebLinkAboutWater Filtration Plant-4/07
CH2MHIll
CH2M HILL
135 South 84th Street
Suite 325
Milwaukee, WI 53214-1456
Tel 414.272.2426
Fax 414.272.4408
April 10,. 2007
Mr. Steve Bra~ld _. ..
Oshkosh Water ~iltrationPlant
425 Lakesh6reDflve
Oshkosh, WI 54901-5372
Subject: Water Filtration Plant Modifications and Demolition - Engineering Contract
Dear Mr. Brand:
Thank you for selecting the CH2MHILL/Kaempfer team for this project. Enclosed are
three copies of an engineering contract signed by CH2M HILL, and insurance certificates.
Please sign all three copies and return one to me.
We look forward to working with you and your staff on this project. In the near fu.ture, I
will schedule a kick off meeting with you and your staff.
Sincerely,
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Tony Myers, F.E.
Project Manager
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STANDARD AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is between CH2M HILL INC_, ("ENGINEER"), and
The City of Oshkosh, Wisconsin
("OWNER")
for a PROJECT generally described as:
Water Filtration Plant Modifications and Demolition.
ARTICLE 1. SCOPE OF SERVICES
ENGINEER will perform the Scope of Services set forth
in Attachment A.
ARTICLE 2. COMPENSATION
OWNER will compensate ENGINEER as set forth in
Attachment B. Work performed under this
AGREEMENT may be performed using labor from
affiliated companies of ENGINEER. Such labor will be
billed to OWNER under the same billing terms
applicable to ENGINEER's employees.
ARTICLE 3. TERMS OF PAYMENT
OWNER will pay ENGINEER as follows:
3.1 Invoices and Time of Payment
ENGINEER will issue monthly invoices pursuant to
Attachment B. Invoices are due and payable within 30
days of receipt.
3.2 Interest
3.2.1 OWNER will be charged interest at the rate of
1-1/2% per month, or that permitted by law if lesser, on
all past-due amounts starting 30 days after receipt of
invoice. Payments will first be credited to interest and
then to principal.
3.2.2 In the event of a disputed billing, only the
disputed portion will be withheld from payment, and
OWNER shall pay the undisputed portion. OWNER will
exercise reasonableness in disputing any bill or portion
thereof. No interest will accrue on any disputed portion
of the billing until mutually resolved.
3.2.3 If OWNER fails to make payment in full within
30 days of the date due for any undisputed billing,
ENGINEER may, after giving 7 days' written notice to
OWNER, suspend services under this AGREEMENT
until paid in full, including interest. In the event of
suspension of services, ENGINEER will have no liability
to OWNER for delays or damages caused by OWNER
because of such suspension.
ARTICLE 4. OBLIGATIONS OF ENGINEER
4.1 Standard of Care
The standard of care applicable to ENGINEER's
Services will be the degree of skill and diligence
normally employed by professional engineers or
consultants performing the same or similar Services at
the time said services are performed. ENGINEER will
reperform any services not meeting this standard
without additional compensation.
FORM 398
REVISED 1/06
4.2 Subsurface Investigations
In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary
significantly between successive test points and sample
intervals and at locations other than where
observations, exploration, and investigations have been
made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect total
PROJECT cost and/or execution. These conditions and
cosVexecution effects are not the responsibility of
ENGINEER.
4.3 ENGINEER's Personnel at Construction Site
4.3.1 The presence or duties of ENGINEER's
personnel at a construction site, whether as onsite
representatives or otherwise, do not make ENGINEER
or ENGINEER's personnel in any way responsible for
those duties that belong to OWNER and/or the
construction contractors or other entities, and do not
relieve the construction contractors or any other entity of
their obligations, duties, and responsibilities, including,
but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for
coordinating and completing all portions of the
construction work in accordance with the construction
Contract Documents and any health or safety
precautions required by such construction work.
4.3.2 ENGINEER and ENGINEER's personnel have
no authority to exercise any control over any
construction contractor or other entity or their
employees in connection with their work or any health or
safety precautions and have no duty for inspecting,
noting, observing, correcting, or reporting on health or
safety deficiencies of the construction contractor(s) or
other entity or any other persons at the site except
ENGINEER's own personnel.
4.3.3 The presence of ENGINEER's personnel at a
construction site is for the purpose of providing to
OWNER a greater degree of confidence that the
completed construction work will conform generally to
the construction documents and that the integrity of the
design concept as reflected in the construction
documents has been implemented and preserved by the
construction contractor(s). ENGINEER neither
guarantees the performance of the construction
contractor(s) nor assumes responsibility for construction
contractor's failure to perform work in accordance with
the construction documents.
For this AGREEMENT only, construction sites include
places of manufacture for materials incorporated into
the construction work, and construction contractors
include manufacturers of materials incorporated into the
construction work.
4.4 Opinions of Cost, Financial Considerations, and
Schedules
In providing opinions of cost, financial analyses,
economic feasibility projections, and schedules for the
PROJECT, ENGINEER 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, ENGINEER makes no warranty
that OWNER's actual PROJECT costs, financial
aspects, economic feasibility, or schedules will not vary
from ENGINEER's opinions, analyses, projections, or
estimates.
If OWNER wishes greater assurance as to any element
of PROJECT cost, feasibility, or schedule, OWNER will
employ an independent cost estimator, contractor, or
other appropriate advisor.
4.5 Construction Progress Payments
Recommendations by ENGINEER to OWNER for
periodic construction progress payments to the
construction contractor(s) will be based on ENGINEER's
knowledge, information, and belief from selective
sampling that the work has progressed to the point
indicated; Such recommendations do not represent that
continuous or detailed examinations have been made
by ENGINEER to ascertain that the construction
contractor(s) have completed the work in exact
accordance with the construction documents; that the
final work will be acceptable in all respects; that
ENGINEER has made an examination to ascertain how
or for what purpose the construction contractor(s) have
used the moneys paid; that title to any of the work,
materials, or equipment has passed to OWNER free
and clear of liens, claims, security interests, or
encumbrances; or that there are not other matters at
issue between OWNER and the construction
contractors that affect the amount that should be paid.
4.6 Record Drawings
Record drawings, if required, will be prepared, in part,
on the basis of information compiled and furnished by
others, and may not always represent the exact
location, type of various components, or exact manner
in which the PROJECT was finally constructed.
ENGINEER is not responsible for any errors or
omissions in the information from others that is
incorporated into the record drawings.
4.7 Access to ENGINEER's Accounting Records
ENGINEER will maintain accounting records, in
acc~rdance with generally accepted accounting
principles. These records will be available to OWNER
during ENGINEER's normal business hours for a period
of 1 year after ENGINEER's final invoice for examination
to the extent required to verify the direct costs
(excluding established or standard allowances and
rates) incurred hereunder. OWNER may only audit
FORM 398
REVISED 1/06
accounting records applicable to a cost-reimbursable
type compensation.
4.8 ENGINEER's Insurance
ENGINEER will maintain throughout this AGREEMENT
the following insurance:
In accordance with: Insurance Requirements for
"Professional Liability" Providers for the City of
Oshkosh, which are attached hereto and made a part
here.
ARTICLE 5. OBLIGATIONS OF OWNER
5.1 OWNER-Furnished Data
OWNER will provide to ENGINEER all data in
OWNER's possession relating to ENGINEER's services
on the PROJECT. ENGINEER will reasonably rely upon
the accuracy, timeliness, and completeness of the
information provided by OWNER.
5.2 Access to Facilities and Property
OWNER will make its facilities accessible to ENGINEER
as required for ENGINEER's performance of its services
and will provide labor and safety equipment as required
by ENGINEER for such access. OWNER will perform, at
no cost to ENGINEER, such tests of equipment,
machinery, pipelines, and other components of
OWNER's facilities as may be required in connection
with ENGINEER's services.
5.3 Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services,
OWNER will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required
by local, state, or federal authorities; and land,
easements, rights-of-way, and access.necessary for
ENGINEER's services or PROJECT construction.
5.4 Timely Review
OWNER will examine ENGINEER's studies, reports,
sketches, drawings, specifications, proposals, and other
documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial
advisors, and other consultants as OWNER deems
appropriate; and render in writing decisions required by
OWNER in a timely manner.
5.5 Prompt Notice
OWNER will give prompt written notice to ENGINEER
whenever OWNER observes or becomes aware of any
development that affects the scope or timing of
ENGINEER's Services, or of any defect in the work of
ENGINEER or construction contractors.
5.6 Asbestos or Hazardous Substances
5.6.1 If asbestos or hazardous substances in any
form are encountered or suspected, ENGINEER will
stop its own work in the affected portions of the
PROJECT to permit testing and evaluation.
5.6.2 If asbestos is suspected, ENGINEER will, if
requested, manage the asbestos remediation activities
using a qualified subcontractor at an additional fee and
contract terms to be negotiated.
5.6.3 If hazardous substances other than asbestos
are suspected, ENGINEER will, if requested, conduct
tests to determine the extent of the problem and will
perform the necessary studies and recommend the
2
necessary remedial measures at an additional fee and
contract terms to be negotiated.
5.6..4 Client recognizes that CH2M HILL assumes no
risk and/or liability for a waste or hazardous waste site
originated by other than CH2M HILL.
5.7 Contractor Indemnification and Claims
5.7.1 OWNER agrees to include in all construction
contracts the provisions of Article 4.3, ENGINEER's
Personnel at Construction Site, and provisions providing
contractor indemnification of OWNER and ENGINEER
for contractor's negligence.
5.7.2 OWNER shall require construction
contractor(s) to name OWNER and ENGINEER as
additional insureds on the contractor's general liability
insurance policy.
5.7.3 OWNER agrees to include the following clause
in all contracts with construction contractors, and
equipment or materials suppliers:
"Contractors, subcontractors, and equipment and
material suppliers on the PROJECT, or their sureties,
shall maintain no direct action against ENGINEER,
ENGINEER's officers, employees, affiliated
corporations, and subcontractors for any claim arising
out of, in connection with, or resulting from the
engineering services performed. OWNER will be the
only beneficiary of any undertaking by ENGINEER."
5.8 OWNER's Insurance
5.8.1 OWNER will maintain property insurance on all
pre-existing physical facilities associated in any way
with the PROJECT.
5.8.2 OWNER 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 OWNER-furnished
equipment and/or materials associated with
ENGINEER's services. Such policy will include
coverage for loss due to defects in materials and
workmanship.
5.9 Litigation Assistance
The Scope of Services does not include costs of
ENGINEER for required or requested assistance to
support, prepare, document, bring, defend, or assist in
litigation undertaken or defended by OWNER. All such
Services required or requested of ENGINEER by
OWNER, except for suits or claims between the parties
to this AGREEMENT, will be reimbursed as mutually
agreed.
5.10 Changes
OWNER may make or approve changes within the
general Scope of Services in this AGREEMENT. If such
changes affect ENGINEER's cost of or time required for
performance of the services, an equitable adjustment
will be made through an amendment to this
AGREEMENT.
ARTICLE 6. GENERAL LEGAL PROVISIONS
6.1 Authorization to Proceed
Execution of this AGREEMENT by OWNER will be
authorization for ENGINEER to proceed with the work,
unless otherwise provided for in this AGREEMENT.
6.2 Reuse of PROJECT Documents
FORM 398
REVISED 1/06
All reports, drawings, specifications, documents, al1d
other deliverables of ENGINEER, whether in hard copy
or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not.
OWNER agrees to indemnify ENGINEER and
ENGINEER'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 reuse, change or alteration of tf")8se
PROJECT documents.
6.3 Force Majeure
ENGINEER is not responsible for damages or delay in
performance caused by acts of God, strikes, lockouts,
accidents, or other events beyond the control of
ENGINEER. In any such event, ENGINEER'S contract
price and schedule shall be equitably adjusted.
6.4 This section has been deleted in its entirety.
6.5 Termination
6.5.1 This AGREEMENT may be terminated for
convenience on 30 days' written notice, or for cause if
either party fails substantially to perform through no fault
of the other and does not commence correction of such
nonperformance within 5 days of written notice and
diligently complete the correction thereafter.
6.5.2 On termination, ENGINEER will be paid for all
authorized services performed up to the termination
date plus termination expenses, such as, but not limited
to, reassignment of personnel, subcontract termination
costs, and related closeout costs.
6.6 Suspension, Delay, or Interruption of Work
OWNER may suspend, delay, or interrupt the Services
of ENGINEER for the convenience of OWNER. In such
event, ENGINEER's contract price and schedule shall
be equitably adjusted.
6.7 No Third-Party Beneficiaries
This AGREEMENT gives no rights or benefits to anyone
other than OWNER and ENGINEER and has no third-
party beneficiaries.
6.8 Indemnification
6.8.1 ENGINEER agrees to indemnify OWNER for
any claims, damages, losses, and costs, including, but
not limited to, attorney's fees and litigation costs, arising
out of claims by third parties for property damage or
bodily injury, including death, to the proportionate extent
caused by the negligence or willful misconduct of
ENGINEER, ENGINEER's employees, affiliated
corporations, and subcontractors in connection with the
PROJECT.
6.8.2 OWNER agrees to indemnify ENGINEER from
any claims, damages, losses, and costs, including, but
not limited to, attorney's fees and litigation costs, arising
out of claims by third parties for property damage or
bodily injury, including death, to the proportionate extent
caused by the negligence or willful misconduct of
OWNER, or its employees in connection with the
PROJECT.
6.9 Assignment
This is a bilateral personal Services AGREEMENT.
Neither party shall have the power to or will assign any
of the duties or rights or any claim arising out of or
related to this AGREEMENT, whether arising in tort,
contract or otherwise, without the written consent of the
3
other party. Any unauthorized assignment is void and
unenforceable. These conditions and the entire
AGREEMENT are binding on the heirs, successors, and
assigns of the parties hereto.
6.10 Consequential Damages
To the maximum extent permitted by law, ENGINEER
and ENGINEER's affiliated corporations, officers,
employees, and subcontractors shall not be liable for
OWNER's special, indirect, or consequential damages,
whether such damages arise out of breach of contract
or warranty, tort including negligence, strict or statutory
liability, or any other cause of action.
6.11 Waiver
OWNER waives all claims against ENGINEER,
including those for latent defects, that are not brought
within 2 years of substantial completion of the facility
designed or final payment to ENGINEER, whichever is
earlier.
6.12 Jurisdiction
The substantive law of the state of the PROJECT site
shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims
related to it.
6.13 Severability and Survival
6.13.1 If any of the Provisions contained in this
AGREEMENT are held for any reason to be invalid,
illegal, or unenforceable, the enforceability of the
remaining provisions shall not be impaired thereby.
6.13.2 Limitations of liability, indemnities, and other
express representations shall survive termination of this
AGREEMENT for any cause.
6.14 Materials and Samples
Any items, substances, materials, or samples removed
from the PROJECT site for testing, analysis, or other
evaluation will be returned to the PROJECT site within
60 days of PROJECT close-out unless agreed to
FORM 398
REVISED 1/06
otherwise. OWNER recognizes and agrees that
ENGINEER is acting as a bailee and at no time
assumes title to said items, substances, materials, or
samples.
6.15 Engineer's Deliverables
Engineer's deliverables, including record drawings, are
limited to the sealed and signed hard copies. Computer-
generated drawing files furnished by ENGINEER are for
OWNER or others' convenience. Any conclusions or
information derived or obtained from these files will be
at user's sole risk.
6.16 Dispute Resolution
The parties will use their best efforts to resolve amicably
any dispute, including use of alternative dispute
resolution options.
6.17 Ownership of Work Product and Inventions
All of the work product of the ENGINEER in executing
this PROJECT shall remain the property of ENGINEER.
OWNER shall receive a perpetual, royalty-free, non-
transferable, non-exclusive license to use the
deliverables for the purpose for which they were
intended. Any inventions, patents, copyrights, computer
software, or other intellectual property developed during
the course of, or as a result of, the PROJECT-shall
remain the property of the ENGINEER.
ARTICLE 7. ATTACHMENTS, SCHEDULES, AND
SIGNATURES
This AGREEMENT, including its attachments and
schedules, constitutes the entire AGREEMENT,
supersedes all prior written or oral understandings, and
may only be changed by a written amendment executed
by both parties. The following attachments and
schedules are hereby made a part of this
AGREEMENT:
Attachment A--Scope of Services
Attachment B--Compensation
>ti
4
IN WITNESS WHEREOF, the parties execute below:
, 20 (J 7
Signature
Name (printed)
Title
For OWNER, CITY OF OSHKOSH WISCONSIN,
Dated this 30"''+ day of ---A-flc'll.-
,20 Q:L
I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh,
Wisconsin, under the within Change Order.
2QA ~~ Q~
Comptroller
APPROVED
~ \?~~
City Attorney
FORM 398
REVISED 1/06
5
, .
PAGE 10F 5
ATTACHMENT A - SCOPE OF SERVICES
This attachment is to the AGREEMENT between CH2M Hill, INC., ("ENGINEER"), and
The City of Oshkosh, Wisconsin ("OWNER"), for
a PROJECT generally described as:
Water Filtration Plant Modifications and Demolition
ARTICLE 1. SCOPE OF SERVICES
ENGINEER agrees to furnish OWNER the following specific services:
Design Services
Task 1-Project Management and Communication
Project management duties include:
. Project Instructions
Detailed scope of services and project deliverables
Task assignments and work plan
Project schedule
Project budget (by task) and performance monitoring
Health and safety considerations
Communication procedures within the team and with the City
Change management procedures
. Communication - Communication will be maintained through regular team meetings, telephone
calls, and e-mail. Meetings will be held with Filtration Plant staff to discuss ideas and make
decisions at critical points in the work (see "Schedule"). In addition to project team meetings,
progress reports will be submitted to the City with the monthly invoice. Progress reports will be
brief and include an updated project schedule.
. Quality Control/Quality Assurance
The role of the QA/QC team is to support the project manager and technical staff throughout the
project and review completed work at project milestones.
· Cost Control
CH2M HILL will develop monthly invoices based on labor, expense and percent complete on
Tasks. The invoices will include charges for Kaempfer & Associates services and will be submitted
monthly.
Form 398A
REVISED: 1/06
, .
PAGE 2 OF 5
Task 2-Preliminary Design
Task 2.A-Preliminary Design Report. Preliminary design builds upon the 2003 Basis of Design Report for
Water Filtration Plant Modifications and Demolition. It includes further discussion and evaluation of plant
hydraulics, operational issues, disinfection goals, facility constraints, construction sequencing, potential
future plant improvements and budgetary issues. During preliminary design workshops, the project team
brainstorms alternative solutions from which the preferred concept for final design is selected.
During preliminary design the CH2M HILLjKaempfer team will prepare a scope of work for a
geotechnical investigation of the project area. The City will directly retain the services of the geotechnical
engineer, who will prepare a summary report including foundation recommendations for the new
reservoir. These recommendations will be factored into the conceptual facility layouts and sequence of
construction.
Deliverables: Technical memorandum summarizing discussions and analysis, decisions, design criteria,
and constructability issues, assembled with final recommendations in a preliminary design report.
Task 2.B-WDNR Engineer's Report and Preliminary Review. Under Task 2.B, a draft Engineer's Report will be
prepared, with preliminary drawings depicting project scope and describing facilities operational plan.
The report will summarize the design criteria and decisions (Task 2.A) for the review and approval of the
Wisconsin Department of Natural Resources.
A review meeting will be held with the Department of Natural Resources to describe the preliminary
concepts, gather regulatory feedback, and lay the groundwork for the future final review and approval
process.
Deliverables: Project Engineer's Report and meeting minutes.
Task 3-Final Design
Task 3.A-Contract Documents. The goal of Task 3.A is to produce the contract bid documents for demolition
of the west and east sedimentation basins and parts of the tower, pumping, and former filtration facility. The
final design will reflect the Utility's desire to minimize impacts to routine plant operation and include a
sequence of construction and list of issues to coordinate with Filtration Plant staff.
Final design bid documents will address aspects of the project wherein there is uncertainty. Examples
include site geotechnical issues and the extent of restoration required to maintain the historic tower structure.
Within areas and systems affected by the project, equipment and routed utilities will be evaluated with
Utility staff to determine what can remain and what can be relocated or demolished. During final design
standards of quality will be established for project materials, equipment and instruments.
The final design will adhere closely to the project Engineer's Report to streamline WDNR approval.
Deliverables: Contract bid documents, including front-end legal and technical specifications and design
drawings. Table 1 is a list of the proposed drawings. Design submittals will be prepared for the ,50, 90, and
100 percent complete milestones. A construction cost estimate will be prepared at the 90 percent complete
submittal.
The drawing list assumes the following scope of facility construction:
1. One new concrete tank (approximately 1 million gallons) for chlorine contact and backwash supply.
2. Yard piping connecting (by gravity flow) the new tank to the GAC filter effluent line and existing
clearwells 2 through 4.
Form 398A
REVISED: 1/97
, .
PAGE30F5
3. Demolition of the old plant West Sedimentation basin, East Sedimentation basin, clearwelllA and lBI
filtration facility.
4. Existing tower rehabilitation and building restoration to enclose the exposed facilities after demolition.
5. Site grading, restoration and landscaping.
TABLE 1
Final Design Sheet list
1.. Cover, Location Map, Index to Drawings
2. Abbreviations
3. Civil Legend
4. Structural Legend
5. Structural Notes
6. Mechanical Legend
7. Electrical Legend
8. Electrical Legend
9. I &C Legend
10. I&C Legend
11. West Sedimentation Basin Demolition Plan
12. East Sedimentation Basin Demolition Plan
13. Original Treatment Facility Demolition Plan
14. Original Treatment Facility Demo Section
15. Original Treatment Facility Demo Details
16- Site Restoration Plan
17. Site Grading Plan
18. Erosion Control & Stormwater Management Plan
19. Civil Details
20. Landscaping Plan
21. New Reservoir Elevations
22. Tower Restoration Plan and Elevations
23. Restoration Details
24. Architectural Restoration Details
25. Architectural Standard Details
26. Reservoir Structural Foundation Plan
27. Reservoir Structural Top Plan
28. Reservoir Structural Sections
29. Reservoir Structural Sections and Details
30. Structural Restoration Details
31. Structural Standard Details
32. Structural Standard Details
33. Hydraulic Profile
34. Reservoir Plan
35. Existing Low-Lift Pump Plan and Details
36. Mechanical Piping Details
37. Mechanical Standard Details
38. Mechanical Standard Details
39. Yard Piping Plan
40. Yard Piping Details
41. Electrical Plan
42. Electrical Details
43. Reservoir P&ID
44. Controls Details
45. Electrical Plan
Task 3.B-State Revolve Fund Application. The CH2M HILL/Kaempfer team will provide the appropriate
engineering and technical information required for the Financial Assistance Application. The financial
aspects of the application will be completed by the City. .
Task 3.C-Public Service Commission. A State of Wisconsin Public Service Commission Construction
Certificate will be obtained for the Water Filtration Plant Modifications and Demolition Project. To fulfill
the requirements of State Statute 66.08191 the CH2M HILL/Kaempfer team will submit a letter with
Form 39SA
REVISED: 1/97
PAGE40F5
drawing attachments to provide the information required per the Public Service Commission and to obtain
specific formal authorization for construction.
Task 4-Bidding Services
CH2M HILL/Kaempfer will provide the following technical support services during the bid phase:
· Coordinate advertisements for bid with City. City will place advertisements.
. Prepare pre-bid agenda, conduct pre-bid meeting, and prepare minutes.
· Prepare addendum in response to questions and requests for additional information.
· Assist the City with evaluation of the bids for responsiveness and bid amount, and provide a
recommendation letter for award.
Deliverables: Thirty copies of the bidding documents and bid phase addenda.
Task S-Services during Construction
The City will administer the construction contract and assume the responsibilities of day-to-day
construction management and coordination of the work. To assist the City during construction, the
following technical support services will be provided for this Project.
Task S.A-Shop Drawings, Samples and Submittals. The design team will review the Contractor's shop
drawings, samples, and other submittals for compliance with the contract documents. A log of all shop
drawings, samples, and submittals received for review will be maintained.
Task S.B-Requests for Information and Change Orders. TIle design team will provide technical assistance to
the City to respond to the Contractor's requests for information and change orders. A log of such requests
will be maintained.
Task S.C-Field Inspection. CH2M HILL/Kaempfer will provide part time construction inspection services.
One site visit will be made every week during construction to observe the Contractor's work for the
purposes of determining if construction conforms to the contract documents. Notes from these visits will
be summarized in project progress reports. The construction period is one year.
Task S.D-Substantial Completion/Final Completion Punch Lists. When the construction contract nears
substantial and final completion, the work will be inspected and a punch-list developed for the Contractor.
Task S.E-Operations and Maintenance Manual. An operations and maintenance manual describing the
operation of the new reservoir will be prepared. The manual will explain the various modes of operation
that may be used. The manual will be in provided in paper and an electronic format.
Task S.F-As-Built Drawings. The original design drawings will be revised to reflect available record
information provided by the Contractor. As-built drawings will be provided to the City in paper (4 copies)
and electronic format (Microstation, one CD).
Schedule
The following schedule is anticipated:
· Preliminary Design - 8 weeks
· Final Design -10 weeks
. Bidding and Award - 6 weeks
Form 398A
REVISED: 1/97
PAGE50F5
. Construction - 52 weeks
Assumptions
This scope of engineering services is based on the following assumptions:
1. Engineering fees are based on facilities described in the Scope of Engineering Services. Additional
facilities or modifications to existing facilities are not included.
2. Engineering fees are based on the sheet list attached.
3. Soil conditions will be favorable for conventional spread footing foundations. The design of pile
foundations are not anticipated.
4. No hazardous materials evaluation will be done by Engineer. The specifications will require th.e
construction contractor to handle hazardous materials with an allowance, based on the Conceptual
Design Report by MWH.
5. Design of a dewatering and wastewater disposal system is not required.
6. Modification to the foundations of existing buildings is not required.
7. The City's drawings of existing facilities are reasonably accurate and show the general location and
extent of facilities.
8. A stormwater study and plan report is not required.
9. Gravity flow through the chlorine contact tanks to the clearwells is possible without pumping or
changing the hydraulic grade line.
10. Major design concepts established in preliminary design will not be significantly changed during final
design. Examples of major design concepts include size and location of tanks, facilities to be
demolished, existing facilities to be modified.
11. Re-bidding the general construction contract as a result of Owner or Contractor issues is not included.
12. Construction services are based on an estimated 5 Change Orders from the Contractor and Owner. The
total value of change orders is assumed to be no more than 2% of the construction cost. Major
additions to the project beyond the scope of work defined herein are not included.
13. Record drawings are accurately marked by the Contractor and periodically checked in the field by the
Engineer and Owner. At the completion of construction, field verification of Contractors record
drawings is not required before drawings are updated by Engineer.
14. The time from construction contract award to closeout shall not exceed 12 months.
Form 398A
REVISED: 1/97
. '
~,
"
PAGE 1 OF 1
ATTACHMENT B - COMPENSATION
ARTICLE 2. COMPENSATION
A. Compensation by OWNER to ENGINEER will be as follows:
For services enumerated in ARTICLE 1, the total compensation shall be:
Time and expenses, not to exceed Three hundred fifty five thousand six hundred seventy Dollars ($ 355,670 U8D) without
authorization. Of this amount, ten thousand ($10,000 U8D) will be a contingency for scope or schedule changes.
B. RENEGOTIATION OF COMPENSATION
The compensation is based on immediate authorization to proceed and timely completion of the PROJECT. If the PROJECT
timing deviates from the assumed schedule, or the scope changes for causes beyond ENGINEER's control, ENGINEER reserves
the right to request renegotiation of those portions of the compensation affected by the scope or schedule changes.
C. INVOICING
Amount invoiced each month will be based on hourly labor costs (3.15 multiplier on raw labor) plus direct expenses.
FORM 3988
REVISED: 1/06
MARSH
CERTIFICATE NUMBER
SEA-001005483-02
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVI.RAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
PRODUCER
MARSH USA, INC.
122517TH STREET, SUITE 2100
DENVER, CO 80202.5534
15114 -00124-ALL-
MKE
005483
COMPANY
A ZURICH AMERICAN INSURANCE COMPANY
INSURED
CH2M HILL, INC.
135 SOUTH 84TH STREET, SUITE 325
MILWAUKEE, WI 53214-1456
COMPANY
B AMERICAN ZURICH INSURANCE CO.
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAYBE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGRI:GATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DA TE (MM/DDIYY) DATE (MM/DD/VY)
GENERAL LIABILITY GENERAL AGGREGATE $ 5,000,000
A COMMERCIAL GENERAL LIABILITY GL03784726-03 05/01/07 05/01/08 PRODUCTS. COM PlOP AGG $ 5,000,000
CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $ 1,500,000
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,500,000
$ 1,500,000
$
AUTOMOBILE LIABILITY $ 2,000,000
COMBINED SINGLE LIMIT
A X ANY AUTO BAP8378516-12 05/01/07 05/01/08
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY. EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION AND
EMPLOYERS' LIABILITY
B WC8378566-13 (AOS) 05/01/07 05/01/08 '1,000,000
A THE PROPRIETOR! X INCL WC8378565-12 (WI & MA) 05/01/07 05/01/08 "' ,000,000
PARTNERSIEXECUTlVE
A OFFICERS ARE: EXCl WC3784761-02 (HI & ID) 05/01/07 05/01/08 '1,000,000
OTHER
DESCRIPTION OF OPERATlONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
PROJECT NO. 355062.D1.BD.
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPEAR TO THE AUTOMOBILE LIABILITY AND AS PER THE
BLANKET ENDORSEMENT TO THE GENERAL LIABILITY POLICY.
CITY OF OSHKOSH
A1TN: DAVID PATEK
DIRECTOR OF PUBLIC WORKS
215 CHURCH AVENUE .
OSHKOSH, WI 54903
SHOULD Am OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DAlE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -3ll DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBI.IGATION OR
LIABILITY OF Am KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES, OR THE
ISSUER OF THIS CERTIFICATE.
MARSH USA INC.
BY: Sharon A. Hammer
<2!~ a.eoV~~
MARS.H
CERTIFICATE NUMBER
SEA-001005483-01
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDEI) IN THE
POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES DESCRIBED HEREIN.
COMPANIES AFFORDING COVERAGE
PRODUCER
MARSH USA, INC.
1225 17TH STREET, SUITE 2100
DENVER, CO 80202-5534
15114 -00124-ALL-
MKE
005483
COMPANY
A ZURICH AMERICAN INSURANCE COMPANY
INSURED
CH2M HILL, INC.
135 SOUTH 84TH STREET, SUITE 325
MILWAUKEE, WI 53214-1456
COMPANY
B AMERICAN ZURICH INSURANCE CO.
COMPANY
C
COMPANY
D
THIS IS TO CERTIFY THAT POLICIES. OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUEO OR MAY
PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. AGGREGATE
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE (MM/DDIYY) DATE (MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE $
A COMMERCIAL GENERAL LIABILITY GL03784726-02 05/01/06 05/01/07 PRODUCTS - COMP/OP AGG $
CLAIMS MADE [8J OCCUR PERSONAL & ADV INJURY $
OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $
X FIRE DAMAGE (Anyone fire) $
$
AUTOMOBILE LIABILITY $
COMBINED SINGLE LIMIT
A X ANY AUTO BAP8378516-11 05/01/06 05/01/07
ALL OWNED AUTOS BODILY INJURY $
SCHEDULED AUTOS (per person)
HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EXCESS LIABILITY EACH OCCURRENCE
UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND X
EMPLOYERS' LIABILITY
B WC8378566-12 (AOS) 05/01/06 05/01/07
A THE PROPRIETOR! X INCL WC8378565-11 (WI & MA) 05/01/06 05/01/07 EL DISEASE-POLICY LIMIT
PARTNERS/EXECUTIVE EXCL WC3784761-D1 (HI & 10) 05/01/06 05/01/07
A OFFICERS ARE: EL DISEASE-EACH EMPLOYEE
OTHER
5,000,000
5,000,000
1,500,000
1,500,000
1,500,000
2,000,000
1,000,000
1,000,000
DESCRIPTION OF OPERA TIONS/LOCATlONSIVEHICLES/SPECIAL ITEMS
PROJECT NO. 355062.D1.BD.
CITY OF OSHKOSH
AlTN: DAVID PATEK
DIRECTOR OF PUBLIC WORKS
215 CHURCH AVENUE
OSHKOSH, WI 54903
SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL --3.0. DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATIVES. OR THE
ISSUER OF THIS CERTIFICATE.
. ..
AMENDMENT NO.1
This Amendment No.1 is issued ursuant to the Standard Agreement for Professional Services fully executed:
A ril 20, 2007 which is inco orated herein b this reference, with res ect to
Water Filtration Plant Modifications and Demolition ("Project").
:=J
September 15,2007 through March 1,2009.
Specific Services:
As stated in Attachment 1 - Amended Scope Services, which is incorporated herein by re
Compensation Provisions:
As described in Attachment 1.
Work Schedule:
The Authorized Representatives designated below are authorized to act with respect to the Task Order. Communications
between the parties shall be between parties and their consultants or subcontractors shall be through the Authorized
Representati ves:
For the Client For CH2M HILL
Name: City of Oshkosh Name: CH2M HILL, Milwaukee
Address: 215 Church Street, Oshkosh, WI 54903 Address: 135 S. 84th Street, Milwaukee, WI 53214
Telephone: 920.232.5365 Telephone: 414.272.2426
This Amendment No.1 is effective this (date)
Acce ted for Client by:
Signature
Title
Date
This Amendment No. 1 is effective this (date)
.- Accepted for CH2MillLL by: Allan Erickson
Signature
Title
Date
! fH'W3bV certify that tbenecessary provisions
have been made to pay the liability which will
accrue under this contract.
~\'>LA9 (1 ~
City Comptroller
INC MSA
VERSION 10-00