HomeMy WebLinkAboutMcMahon-Hughes Street MCMAHON AGREEMENT
ENGINEERS ARCHITECTS RECEIVtD For Professional Services
City of Oshkosh MAR 1 0 nil l Date: March 9, 2011
Attn: James Rabe, PE
215 Church Avenue, PO Box 1130 DEPT. (-). PUP; _r(., WORKS
Oshkosh, WI 54903 -1130
OSHKOSH, WiSCorvSI M0032- 910002
41cM. N o.
PROJECT DESCRIPTION:
The City of Oshkosh plans to replace the twin 66 -inch corrugated metal culverts (47.5 square foot cross - sectional area)
located approximately 1,600 feet southwest of the railroad crossing along Hughes Street. A navigable stream extends
through the twin 66 -inch culverts. The City is requesting assistance with engineering design, permitting and contract
document preparation for the Hughes Street culvert replacement project. Prior to preparing this professional services
agreement, McMAHON contacted Wisconsin Department of Natural Resource (WDNR) staff to discuss the TRANS
207 Permit that is required for the culvert replacement project. The information shared by WDNR staff was
incorporated into this agreement.
TRANS 207 defines a "minor replacement" as simple replacement of an existing structure with an equivalent or larger
sized manufactured structure in approximately the same location. To be classified in this category a highway -water
crossing must meet all of the following conditions:
a. The cross — sectional area of the existing structure must be no greater than 50 square feet.
b. The gradeline of any existing overflow sections passing a portion of the regional flood will not be raised.
c. The existing highway water - crossing must have a history of adequately passing flood water and be free of
significant controversy concerning public rights in navigable waters.
d. Below the regional flood level the proposed road grade and structure must have water passing characteristics at
least as effective as the existing road grade and structure.
e. The proposed structure must be manufactured away from the site, but can be assembled at the site. Constructing
authorities can construct concrete structures poured at the site, but these cannot be classified as "minor
replacement ".
A site meeting with WDNR is recommended. The DNR's fish passage requirements may require that the existing
culvert be increased in size ( >50 square feet). If the project is not classified as a "minor replacement ", it may be
necessary to submit additional information to WDNR as part of the TRANS 207 permit process.
SCOPE OF SERVICES:
McMahon agrees to provide the following Scope Of Services for this project: MAR 1 0 2011
Topographic Survey
• Contact Diggers Hotline prior to performing topographic and location survey.
• Set three (3) vertical control points using hydrant tag bolts or power poles. Set three (3) horizontal control points
using rods set just beyond the grass road ditches or pk nails set within the street pavement.
• Perform a stream profile survey for 300 feet upstream and downstream of the Hughes Street culvert. The stream
profile survey will follow the stream's thalweg and identify the natural pool -riffle structure located along the
thalweg. The stream profile survey will also locate the top of bank and toe of bank along the stream at 50 foot
intervals, including significant channel meanders (12 cross sections).
• Perform a road right -of -way survey for a 300 foot distance (i.e. approximately 150 foot distance on each side of
culvert crossing). Complete the road right -of -way survey at 50 foot intervals (7 cross sections).
• Locate underground utilities marked by Diggers Hotline including sanitary sewer, water main, gas, electric,
telephone, cable television, and fiber optic.
• Locate above ground features including property irons, manholes, hydrants, valves, power powers, guy wires,
telephone pedestals, signs, mailboxes, trees, and other features located within the street right -of -way.
• City staff was informed by a utility company that a 12 -inch gas main with a concrete cap is located just east of the
Hughes Street culvert. Probe along gas main and document depth at each surveyed point along the gas main.
Culvert Design & Permits
• Prepare base sheet of existing condition using topographic and location survey, including a plan and profile along
the existing stream profile and the existing street profile.
• Perform a hydrologic and hydraulic (H &H) analysis of the stream and culvert using the 6 -hour storm duration
(HUFF) and the XP -SWMM model previously developed for the Glatz Creek Watershed. Evaluate 2, 10, 25 and
100 -year storms. Consider flooding objectives contained within the City's Glatz Creek Stormwater Study (2010).
• Attend site meeting with City staff and DNR staff to discuss the culvert replacement project, H &H analysis,
estimated bank -full width and conceptual plan. Discuss culvert skew, materials, bottom, size, length, and end
treatments (i.e. wing walls, head walls, cutoff walls). Bank -full width will be determined during the site meeting.
• Evaluate two culverts sizes / options that satisfy DNR bank -full width criteria and the City's hydraulic goals for the
stream crossing. Obtain a quote from Contech Bridge Solutions, Inc. for the CON /SPAN pre -cast concrete bridge
option that is evaluated. Prepare an Opinion of Probable Cost for the other concrete culvert / structure option that
is evaluated. Discuss the two options with the City.
• Prepare plan sheets for the culvert option selected by the City, including the following:
• Plan and profile sheet along the proposed stream and culvert profile.
• Plan and profile sheet along the proposed street and culvert profile.
• Plan and profile scale of 20 foot horizontal and 2 foot vertical for a full -size 2'x3' plan sheet.
• Prepare cross sections of the proposed culvert / bridge structure.
• Prepare an erosion and sediment control plan.
• Prepare a TRANS 207 Permit application and submit to Wisconsin DNR and Army Corps of Engineers for review.
Respond to questions and requests for additional information.
• Prepare specifications and contract proposal that can be incorporated into the City's standard specifications.
• Submit plans, specifications, and contract proposal (bid form) to City Staff for review. Modify construction
documents based on City comments.
• Attend one (1) additional meeting during design and permit process.
100 -Year Floodplain Study (if required by DNR1
• Prepare two hydrologic models for the watershed in accordance with NR 116. The two hydrologic models will
consist of a HEC -HMS computer model and a USGS regression equation.
• Prepare HEC -RAS hydraulic model for the Hughes Street culvert replacement project in accordance with NR 116.
HEC -RAS model is to extend approximately 1,000 feet upstream and downstream of Hughes Street crossing.
• In accordance with NR 116, prepare a floodway data table, profile map, and 100 -year floodplain map. Summarize
the existing and proposed 100 -year floodplain within a report, including the floodway data table, floodplain profile,
and 100 -year floodplain map.
• Submit floodplain study to DNR for review. Respond to questions and requests for additional information.
Structural Engineering
• Perform structural engineering for cast -in -place footings associated with a CON /SPAN pre -cast concrete bridge
system. Assume the construction plans are not required to follow the WisDOT structural plan format.
• Prepare construction documents, including specifications, plans and contract proposal (bid form).
• Submit plans and specifications to City Staff for review. Modify construction documents based on City comments.
Temporary Construction Easements
• Prepare two (2) temporary construction easements for work performed outside of right -of -way, if requested by City.
Construction Services
• Review shop drawings for cast -in -place concrete culverts and /or footings, if requested by City.
• Provide 4 hours of structural engineering support during construction, if requested by City.
Deliverables
• Copies of survey field notes.
• AutoCAD files of completed survey and design work.
• Adobe Acrobat Portable Document Format (pdf) files of the construction plans. Separate pdf files shall be created
for 22" x 34" full size and 11" x 17" half size plan sets.
• Microsoft Word documents of contract proposal (bid form), specifications, and reports.
• Electronic model files.
Items Not Included in Scope of Services:
• Environmental, contamination, or landfill site investigations.
• Endangered / threatened species, historical, and archeological investigations.
• Soil borings and geotechnical engineering (engineering recommendations contained in the January 27, 2011 Report
of Geotechnical Exploration will be incorporated into the project specifications).
• Plats, Certified Survey Maps, permanent easements, and legal descriptions for street right -of -way acquisitions.
• Bidding and construction services, except as noted above.
• Federal Emergency Management Agency (FEMA) floodplain applications and submittals.
SPECIAL TERMS: (Refer Also To General Terms & Conditions - Attached)
The City of Oshkosh agrees that the Project Description, Scope Of Services and Compensation sections contained in
this Agreement, pertaining to this project or any addendum thereto, are considered confidential and proprietary, and
shall not be released or otherwise made available to any third party, prior to the execution of this Agreement, without
the expressed written consent of the McMahon Group of Companies.
COMPENSATION: (Does Not Include Permit Or Approval Fees)
McMahon agrees to provide the Scope Of Services described above for the following compensation:
Z Rates Per Attached Fee
Schedule Time and materials basis, not to exceed:
Topographic Survey = $2,100
Culvert Design & Permits = $9,600
100 -Year Floodplain Study = $7,300
Structural Engineering = $4,400
Temporary Construction Easements = $400
Construction Services = $1,000
COMPLETION SCHEDULE:
McMahon agrees to complete this project as follows (based on receipt of executed agreement by April 1, 2011):
Topographic Survey — April 15, 2011 (assume snow has melted)
Culvert Design & Permits — June 15, 2011
100 -Year Floodplain Study — June 15, 2011
Structural Engineering — July 1, 2011
Temporary Construction Easements — July 1, 2011
ACCEPTANCE:
The McMahon / City of Oshkosh General Terms & Conditions (Dated April 24, 2009) And The Scope Of Services
(Defined In The Above Agreement) Are Accepted, and McMahon Is Hereby Authorized To Proceed With The
Services.
The Agreement Fee Is Firm For Acceptance Within Sixty (60) Days From Date Of This Agreement
OWNER: City of Oshkosh McMAHON
Neenah, Wiacon
By By: r 2 .1.7c4,,,
(Authorized Signature) Nick Vande Hey, PE
Title: 4� ai-ec �G(�c (Fw. -(<s Title: Associate / Senior Project Engineer(
Date: 340/20/ j Date: March 9, 2011
Please Return One Copy For Our Records
Street Address: 1445 McMAHON DRIVE - NEENAH, WI 54956
Mailing Address: P.O. Box 1025 - NEENAH, WI 54957 -1025
920 -751 -4200 • 920 - 751 -4284 - FAX
C:1 Data- nav\McMahon \Forms'Agreements \C Oshkosh\Hughes Street Culvert Replacement\Design & Permitting 030911 SF- Agree - McM.doc
Hughes_Culvert_Replacement_B.mxd November 17, 2010 kpk
McMAHON McMAHON / City of Oshkosh April 24, 2009
ENGINEERS ARCHITECTS GENERAL TERMS & CONDITIONS
1. McMahon will bill the Owner monthly with net payment due in 30 -days. Past due balances shall be subject to a service charge at a rate of 1.0% per month.
In addition, McMahon may, after giving 48 -hours notice, suspend service under any Agreement until the Owner has paid in full all amounts due for services
rendered and expenses incurred. These expenses include service charges on past due invoices, collection agency fees and attorney fees incurred by
McMahon to collect all monies due McMahon. McMahon and Owner hereby acknowledge that McMahon has and may exercise lien rights on subject
property.
2. The stated fees and Scope Of Services constitute our best estimate of the fees and tasks required to perform the services as defined. This Agreement,
upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual or
process development services, activities often cannot be fully defined during initial planning. As the project progresses, facts uncovered may reveal a
change in direction, which may alter the Scope. McMahon will promptly inform the Owner in writing of such situations so changes in this Agreement can be
negotiated, as required.
3. The stipulated fee is firm for acceptance by the Owner for 60 -days from date of Agreement publication.
4. Costs and schedule commitments shall be subject to re- negotiation for delays caused by the Owner's failure to provide specified facilities or information, or
for delays caused by unpredictable occurrences, including without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults
by suppliers of materials or services, process shutdowns, acts of God or the public enemy, or acts or regulations of any governmental agency. Temporary
delay of services caused by any of the above, which results in additional costs beyond those outlined, may require re- negotiation of this Agreement.
5. Reimbursable expenses incurred by McMahon in the interest of the project including, but not limited to, equipment rental will be billed to the Owner at cost
plus 10% and sub - consultants at cost plus 12 %. When McMahon, subsequent to execution of an Agreement, finds that specialized equipment must be
purchased to provide special services, the cost of such equipment will be added to the agreed fee for professional services only after the Owner has been
notified and agrees to these costs.
6. McMahon will maintain insurance coverage in the following amounts:
Worker's Compensation Statutory
General Liability
Bodily Injury - Per Incident / Annual Aggregate $1,000,000 / $2,000,000
Automobile Liability
Bodily Injury $1,000,000
Property Damage $1,000,000
Professional Liability Coverage $2,000,000
McMahon shall maintain a minimum amount of insurance coverage consistent with the City's Insurance Requirements for Professional Liability Providers, a
copy of which is attached hereto, except the requirement of 1.B., which states that McMahon must continue coverage for 2 years after final acceptance for
service /job, shall not apply in this instance."
7. The Owner agrees to provide such legal, accounting and insurance counseling services as may be required for the project for the Owner's purpose. All
unresolved claims, disputes and other matters in question between the Owner and McMahon may be submitted to mediation, if an agreement cannot be
reached by Owner and McMahon.
8. Termination of this Agreement by the Owner or McMAHON shall be effective upon 10 calendar days written notice to the other party. The written notice
shall include the reasons and details for termination, Payment for satisfactorily performed services is due as stated in paragraph 1. If the Owner defaults in
any of the Agreements entered into between McMAHON and the Owner, or if the Owner fails to carry out any of the duties contained in these terms and
conditions, McMAHON may, upon 10 calendar days written notice, suspend its services without further obligation or liability to the Owner unless, within
such 10 calendar day period, the Owner remedies such violation to the reasonable satisfaction of McMAHON.
9. Re -use of any documents or AutoCAD representations pertaining to this project by the Owner for extensions of this project or on any other project shall be
at the Owner's risk. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, Owner further agrees to hold
McMahon 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 reuse of the documents or AutoCAD representations by the Owner or by others acting through the
Owner where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agencies of the Owner while acting
within the scope of their employment.
10. Purchase Orders - In the event the Owner issues a purchase order or other instrument related to the Engineer's services, it is understood and agreed that
such document is for Owner's internal accounting purposes only and shall in no way modify, add to or delete any of the terms and conditions of this
Agreement. If the Owner does issue a purchase order, or other similar instrument, it is understood and agreed that the Engineer shall indicate the purchase
order number on the invoice(s) sent to the Owner.
11. McMahon will provide all services in accordance with generally accepted professional practices. McMahon will not provide or offer to provide services
inconsistent with or contrary to such practices nor make any warranty or guarantee, expressed or implied, nor to have any Agreement or contract for
services subject to the provisions of any uniform commercial code. Similarly, McMahon will not accept those terms and conditions offered by the Owner in
its purchase order, requisition or notice of authorization to proceed, except as set forth herein or expressly accepted in writing. Written acknowledgment of
receipt, or the actual performance of services subsequent to receipt, of any such purchase order, requisition or notice of authorization to proceed is
specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein.
12. McMahon intends to serve as the Owner's professional representative for those services, as defined in this Agreement, and to provide advice and
consultation to the Owner as a professional. Any opinions of probable project costs, approvals and other decisions made by McMahon for the Owner are
rendered on the basis of experience and qualifications, and represent our professional judgment.
13. This Agreement shall not be construed as giving McMahon the responsibility or authority to direct or supervise construction means, methods, techniques,
sequence or procedures of construction selected by Contractors or Subcontractors, or the safety precautions and programs incident to the work of the
Contractors or Subcontractors.
14. The Owner shall be responsible for maintenance of the structure, or portions of the structure, which have been completed and have been accepted for its
intended use by the Owner. All structures are subject to wear and tear, and environmental and man -made exposures. As a result, all structures require
regular and frequent monitoring and maintenance to prevent damage and deterioration. Such monitoring and maintenance is the sole responsibility of the
Owner. McMahon shall have no responsibility for such issues or resulting damages.
McMAHON FEE SCHEDULE - 201 1
ARCHITECTS McMAHON 1 NEENAH, WISCONSIN DATED: DECEMBER 8, 2010
Labor Classification Hourly Rate
Senior Project Manager $120.00
Project Manager -1 $116.00
Project Manager - II $88.00
Vice President / Surveyor $11100
Senior Surveyor $86.00
Surveyor $79.00
Surveyor Assistant -1 $68.00
Surveyor Assistant - 11 $56.00
Senior Electrical Engineer $110.00
.......................................................................................................................................................................................................................................................................................................................... ...............................
Senior Engineer $109.00
Project En ... gn
ineer -1 $101.00
. .........
Project Engineer - 1 ....................... 91.00
Project Engineer - III $86.00
Project Engineer IV $73.00
Senior Engineering Technician -1
Senior Engineering Technician - II $77.00
Engineering Technician I $70.00
Engineering Technician - 11 $58.00
Environmental Specialist - 11 $52.00
Environmental Specialist - III $47.00
Erosion Control Technician $62.00
On -Site Erosion Observation $57.00
Landscape Architect $116.00
Services subcontracted will be billed to the Senior Architect $109.00
owner at invoice cost plus 12 %. 94
Architect
Architectural Intern -1 $90.00
Use of special equipment, such as
computers, television and sewer cleaning Architectural Intern 11 $86.00
Architectural .... .... . _.
devices, soil density testers, flow meters, Architectural Intern - III $73.00
samplers, dippers, etc., will be charged to Architectural Intern - V $36.00
the project per the standard Equipment Senior Hydrogeologist $101.00
Rate Schedule, which is available upon
................... .
request. G.I.S. Specialist $89.50
Environmental Scientist - I $86.00
This Fee Schedule is subject to revisions Environmental ... Scientist - ... 1 1 ..... ............................... $64.00
to labor rate adjustments and interim
.................. .
staff or corporate changes. Public Finance Specialist $86.00
Senior Draftsperson $81.00
Draftsperson $67.00
Graphic Artist $67.00
Senior Administrative Assistant $56.00
CORPORATE HEADQUARTERS Administrative Assistant $48.00
Street Address: Intern $36.00
1445 MCMAHON DRIVE On -Site Project Representative $50.00
NEENAH, WI 54956 Principal $141.00
Mailing Address:
P.O. BOX 1025
NEENAH, WI 54957 -1025
(920)751 -4200 TELEPHONE
(920)75 1 -4284 FAX
E -MAIL:
MCM @MCMGRP.COM
WEB SITE:
WWW.MCMGRP.COM
e. � _ ,' ✓F.�, b L`4 ,�. ,�_. ". f��C�.� of �_ � ,__.
McM.AHON REIMBURSABLE EXPENSES SCHEDULE - 201 1
ENGINEERS ARCHITECTS MCMAHON 1 NEENAH, WISCONSIN DATED: JANUARY 10, 2011
Description 1 Rate
Large Format Paper Copies
• Up To 24" x 36" $0.60 /Sheet
• Larger Sizes $0.30 /L.F.
• Color - 17" x 22" $4.50 /sheet
• Color - 22" x 34" $10.00 /sheet
• Color - 36" x 24" $15.00 /sheet
- l
• Color 36" x 48" $20.00 /sheet
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Photocopy Charges - Black & White ........................_..... ..........._._._............... ......_.............._$0.07 / Image............. ........._._..._........._._...
Photocopy Charges - Color / 8/:" x 11" $0.45 /Image
Photocopy Charges - Color / 8/:" x 14" and 11" x 17" $0.75 /Image
Facsimile Machine $1.50 /Page
Commercial Travel 1.1 of Cost
Computer Time $
10 00 /Hour
Computer Time - AutoCAD $15.00 /Hour
Delivery/Shipping 1.1 of Cost
Meals& Lodging ..................._..................... ............................... 1.1 of Cost............................. ...............................
Mileage $0.55 /Mile
Mileage- Truck/ Van .........................................................................................................................................................._$ 0. 85 / Mil e........................... ...............................
.................
Review & Submittal Fees 1.1 of Cost
Outside Consultants 1.12 of Cost
Photographs & Models 1.1 of Cost
All Terrain Vehicle $60.00 /Day
Global Positioning System (GPS) $21.00 /Hour
Robotic Total Station $20.00 /Hour
Survey Hubs $0.20 /Each
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Survey Lath $0.45 /Each
Survey Paint $4.50/Can
Survey Ribbon $1.50 /Roll
Survey Rebars - 1 $10.00 /Each
Survey Rebars - %" $3.00 /Each
Survey Iron Pipe - 1" $2.75 /Each
- i
Survey Plastic or Fiberglass Fence Post 1" $2.00 /Each
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Survey Fence Post - 2" $6.00 /Each
CORPORATE HEADQUARTERS Survey Steel Fence Post 1" $3 00 /Each
Survey Cotton Spindle $1.00/Each
Street Address:
1445 MCMAHON DRIVE Misc. Reimbursable Expenses & Project Supplies 1.1 of Cost
NEENAH, WI 54956
Mailing Address:
P.O. BOX 1025
NEENAH, WI 54957 -1025
(920)751 -4200 TELEPHONE
(920)751 -4284 FAX
E -MAIL:
MCM @MCMGRP.COM
WEB SITE:
WWW.MCMGRP.COM