HomeMy WebLinkAboutAECOM/South Shore Central River Walk A=COM AECOM 920.235.0270 tel
558 North Main Street 920.235.0321 fax
Oshkosh,Wisconsin 54901
February 28,2013
Mr.Allen Davis
City of Oshkosh Community Development
215 Church Ave.
PO Box 1130
Oshkosh,WI 54903-1130
Subject: Proposal for Water Resources Application for Project Permits(WRAPP),for
the South Shore Central River Walk Segment(Oregon Street to Main Street,
Sweetwater),Oshkosh,Wisconsin
AECOM Proposal No.OPP-192010
Dear Mr. Davis,
AECOM Technical Services, Inc. (AECOM)is pleased to present this proposal for the above-noted
project.
Project Understanding
We understand the City of Oshkosh(City)proposes to construct the South Shore Central River
Walk segment,extending approximately 1220 Lineal Feet(LF)from Oregon Street to Main Street
along the south shoreline of the Fox River. The South Shore Central segment continues the City's
commitment to improving public access along the Fox River, as guided by the 2005 Fox River
Corridor Plan. In July 2012,AECOM prepared a presentation for affected landowners. This
presentation illustrated current shoreline conditions along this stretch of the river, and presented
options for walkway type and routing. Current conceptual plans include a new lighted concrete
walkway supported by a new steel or timber bulkhead. We understand construction of this river
walk segment is planned for 2014.
Existing conditions along a majority of the shoreline can generally be characterized as moderate to
severely deteriorated timber piling/bulkhead walls, or poured concrete walls. The exception to this
is the area adjacent to the Sweetwater Performance Center which has 220LF of Lannon Stone
retaining wall, and a 35LF section of concrete retaining wall which is part of the Main Street Bridge
abutment.
Existing upland conditions vary from open vacant space with overgrown vegetation and trees at the
water's edge(western portion of the segment), to hardscaped/paved space used by Sweetwater for
their commercial boating operation(central to eastern portion of the segment). The Sweetwater
area has floating docks, a concrete launch well for launching of recreational boats utilizing a travel-
lift, boat storage areas, buildings, and drive/access ways.
This document includes proprietary data that shall not be duplicated,used or disclosed outside City of Oshkosh for any purpose other than to
evaluate this document.This restriction does not limit City of Oshkosh's right to use information contained in this document if it is obtained from
another source without restriction.
OPP-192010_South Shore Riverwalk Permit Proposal_2-28-13.docx
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Currently we understand the scope of the project will involve replacement of the existing bulkheads
with either steel sheeting or new timber, placement of a 12-foot wide concrete walkway with bump-
outs for benches, pole-mounted lighting and bollard lighting. The walkway will be constructed at or
slightly above existing grade. The walkway will be situated directly adjacent to the replaced
bulkheads for much of the segment, except for a portion which will be routed around the
Sweetwater launch well and boat storage area. Pile-supported boardwalk will not be used on this
river walk segment. No in-water work such as dredging or pier construction is contemplated.
Since this construction will occur adjacent to the Fox River,a Chapter 30 approval will be needed
from the Wisconsin Department of Natural Resources(WDNR),along with a permit from the US
Army Corps of Engineers(COE). The walkway and shoreline work will disturb more than one acre
of land,therefore Construction Site Storm Water Discharge and Erosion Control will need to be
considered in the Chapter 30 application.
We recommend obtaining the permit as soon as possible to allow time and meet criteria for
application for grants and preparation of bidding documents. Based on previous grant requirements
and grant application interviews, the ability to demonstrate WDNR support of the project by having
an in-hand permit is invaluable. In addition, some grants the City has historically applied for require
the permit as part of the application. The permit-level plan set can be used as support information
for the Stewardship Grant application which is due May 1,2013.
Approach
Because of the numerous proposed improvements, this area will likely not qualify for General
Permit(GP)coverage; therefore this proposal includes preparation of an Individual Permit(IP)
application. AECOM will prepare a set of permit-level plans as part of the application package.
These plans will show the proposed walkway route and bulkhead layout,construction erosion
control features, utility improvements(if any), with typical details for the concrete walkway,and
bulkhead reconstruction. Further detail will be needed after permit approval to develop these
permit-level plans into final construction documents. To prepare these plans,we will:
• Perform a topographic survey of the shoreline area.
• Assess the condition of the existing Lannon Stone retaining wall to determine if repair or
replacement is needed.
• Perform 12 soil borings along the route to characterize the soil conditions for preliminary
design of the new bulkheads,and to identify potential costs related to environmental
conditions.
• Preliminarily design both the steel and timber bulkhead options based on the soils
information to evaluate relative costs and benefits for each.
• Prepare a permit-level plan set.
Assumptions and Limitations:
• Access to the waterfront area will be available for the survey,soil borings, and structural
evaluation.
• Survey field work will be performed during winter conditions; presence of snow and ice may
require additional survey prior to final design to verify features not visible or accessible.
Use or disclosure of data contained on this sheet is subject to the restriction on the first page of this document.
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• City will authorize gathering of additional field information; notably near-shore bathymetric
data in the river near the final bulkhead alignment for preparation of final construction
documents.
• The environmental evaluation proposed here-in is intended to characterize the soils and
identify likely soil management or disposal required; it is not intended to define the extent
nor the source of impacts which may be found.
• The WDNR and COE will be contacted for their opinion on presence of wetlands. If so
warranted,AECOM will prepare a separate proposal for a wetland delineation.
Scope of Services
A. Topographic Survey
The proposed topographic survey will collect surface features along the shoreline,extending to a
maximum of 70 feet upland (where possible). The survey will include ground elevations, existing
pavements, buildings,trees, stumps, storm sewer manhole locations,and visible drainage pipes.
River-bottom soundings adjacent to the existing shoreline will be limited to those that can be
collected safely by hand. Parcel mapping will be overlaid on the map, using web-site available GIS
information. Utility information will be surveyed as identified by Digger's Hotline. We will contact
the current owner of the former Jeld-Wen property and Sweetwater for private utility information on
their property, and will verify public utilities using record information supplied by the City of
Oshkosh. The bulkhead line for this section of the Fox River will be shown, based on available
record information.
Deliverables:A map to an appropriate scale, in AutoCAD format.
B. Subsurface Exploration and Geotechnical Evaluation
Based on our experience on previous river walk projects,we anticipate fill will be present 15 feet or
more in depth above the natural soils. The river sediment thickness above natural soils and/or
bedrock is highly variable. AECOM proposes to perform up to 6 borings,on land, along the walk
way alignment to characterize the fill or soil types. These borings will be drilled from truck or ATV
mounted drill rig and will be extended a minimum of 20 feet below ground surface or until natural
soils are encountered. In addition,we propose to perform 6 borings from a barge on the Fox River
immediately adjacent to the existing seawall. These borings will be drilled from a skid rig mounted
on a barge and will be extended a minimum of 40 feet below ground surface or until bedrock is
encountered. Samples obtained from the borings will be returned to our Oshkosh laboratory for
classification and routine testing. Boring logs and a written geotechnical report will be prepared
describing the soils encountered and presenting recommendations and construction considerations
for the proposed walkway and bulkheads.
Deliverables: Geotechnical Report with boring logs and soil boring location diagram.
C. Environmental Evaluation
Based on our general knowledge of the waterfront areas in the City,we anticipate the fill will contain
solid waste and/or be impacted with petroleum or solvent spills. Each soil sample collected during
the subsurface exploration will be screened with a photo-ionization detector. Results will be listed
on the boring logs. Up to six laboratory analytical samples will be selected from the boring program
Use or disclosure of data contained on this sheet is subject to the restriction on the first page of this document.
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and analyzed in accordance with waste profile characterization requirements for probable disposal
at the Valley Trail landfill. Based on the results of the field and laboratory work,we will develop a
soil/fill management plan that will outline soil handling and disposal, if required.
Deliverables: Memo describing environmental evaluation of the fill soils, results of laboratory
testing, and soil management requirements.
D. Condition Assessment of Retaining Walls
A structural engineer will visit the site to inspect and document the existing condition of the Lannon
Stone retaining wall. This inspection will be limited to visual observations which can be made from
the existing floating docks. AECOM will endeavor to gather historic design information from the
present site owner(Sweetwater), or the City. AECOM will contact WisDOT for design information
they may have on-file pertaining to either the Lannon Stone wall or the poured concrete wall
abutment to the Main Street Bridge. We do not propose an underwater observation using divers,
destructive testing on the stone materials or mortar, or investigative test pits at this time. Based on
the site observations,AECOM will prepare a separate proposal for these services, if needed.
Deliverables: Memo report with accompanying sketches and photographs of the visual condition
observations,and available historic design information.
E. Preliminary Design of Bulkhead Replacement
Using the results of the Geotechnical Evaluation,AECOM will prepare a preliminary design of two
options for bulkhead replacement. These options are expected to be tied-back steel sheeting, or
timber pile/lagging. Relative costs will be estimated for each option, along with benefits each type
of structure affords. This is intended to allow the City to select a bulkhead type for inclusion in the
plan set.
Deliverables: Summary memo describing the design options, and relative costs with accompanying
typical figures.
F. Permit-Level Plan set
We anticipate the plan set will include the following drawings:
1. Cover sheet showing the proposed project location and drawing index.
2. Existing Conditions and Demolition Plan
3. Layout Plan with Erosion Control Features
4. Utility Plan
5. Typical Details—Concrete walkway&bulkhead
6. Typical Details—Erosion Control
7. Typical Details—Utility Construction
Deliverables: One Draft plan set for City review. The plan set will be finalized based on City review
comments.
Use or disclosure of data contained on this sheet is subject to the restriction on the first page of this document.
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G. Water Resources Application for Project Permits(WRAPP)
AECOM will prepare a WRAPP with attachments consisting of a descriptive narrative, site photos, a
location map, supporting figures for property ownership,floodplain mapping, soils information, and
the permit-level drawings. Since land disturbance will likely be greater than one acre,we propose
to prepare Construction Erosion and Sediment Control, and the Post-Construction Storm Water
Management attachments to the WRAPP.
Deliverables: One draft application for review by City. Upon receiving comments,we will
incorporate the City's comments and submit the final application to WDNR.
H. Meetings and Project Management
Our scope includes 5 meetings, as follows:
Project Design Meetings(3)—Meetings with City staff to review the design plans and WRAPP. We
anticipate one of these meetings will be a kickoff meeting to confirm project goals and the
previously described walkway routing,one will be a design meeting to discuss results of the survey,
geotechnical/environmental evaluations,and the structural condition assessment, and one will be a
joint meeting of Community Development, Engineering, Utilities,and Parks staff for review of the
WRAPP and plan-set.
Chapter 30 Meeting with WDNR(1)—We expect involvement of the WDNR reviewer during
preparation of the application will result in an expedited review, and fewer requests for additional
information. We have included one site meeting with WDNR and City staff.
Adjoining Landowner meeting(1)—We anticipate two meetings will be required with adjoining land
owners to review and comment on the proposed alignment and permit design concept plans.
Proiect Schedule
To construct this river walk segment as planned in 2014, we offer the following timeline:
Activity Complete by
Permit Phase(this proposal)
Kickoff meeting, survey and field investigations: March 1,2013
WRAPP and permit-level plan set: May 15,2013
WDNR Review, Public Notice,Approval: September 1, 2013(Allow 4 months)
Construction Phase
Further field investigations November 1,2013
Final Design and Bidding Documents: April 1, 2014
Solicit Bids and select Contractor: May 31, 2014
Construction: June through December 2014
Use or disclosure of data contained on this sheet is subject to the restriction on the first page of this document.
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Project Fees
We propose to perform the above-described scope of services for the following estimated fees:
Task Description Fee
A. Topographic Survey $8,000
B. Subsurface Investigation and Geotechnical Evaluation $27,500
C. Environmental Evaluation $8,500
D. Condition Assessment of Retaining Walls $6,000
E. Preliminary Design of Bulkhead Replacement $7,000
F. Permit-Level Plan set $25,000
G. WRAPP $8,500*
H. Meetings(5)&Project Management $8,500
TOTAL $99,000
*A$500 WDNR review fee is included.
Terms and Conditions
AECOM will perform the services described above on a time-and-material basis, in accordance with
the 2009 Negotiated General Conditions of Service and January 2013 Negotiated Fee Schedule.
Our estimated fee for these services is$99,000, based on the estimated effort required to complete
the scope of services itemized herein. If additional services are required which would cause our fee
to be greater than the estimate,we will obtain your prior authorization before proceeding. This
proposal is valid for 60 days, though the opportunity to meet the above-described overall project
timeline will be sacrificed if authorization is not obtained by late-February 2013.
Please indicate your acceptance of this proposal by having an authorized individual of your firm
execute the attached Authorization Form and return it to our Oshkosh office. If you have any
questions regarding the proposed scope of services and corresponding costs, please contact us at
your convenience.
Of course, if you wish to discuss the terms, conditions, and provisions of our proposal,we would be
pleased to do so.
Sincerely, 4------- )1 rrance . 'eterson, P.E. Paul F.Tim a Se I i-;--
Principal gineer Account Manager Operations anager
Attachments:
Authorization Form
2009 Negotiated Terms and Conditions
January 2013 Negotiated Fee Schedule
Use or disclosure of data contained on this sheet is subject to the restriction on the first page of this document.
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A AECOM 920.235.0270 tel
I�7� 558 North Main Street 920.235.0321 fax
Oshkosh,Wisconsin 54901
Authorization
February 28,2013
I hereby certify that the necessary provisions have been made to pay the liability which will
accrue under this contract.
I hereby authorize AECOM to proceed with the scope of work outlined in the proposal for Water
Resources Application Permit—Sweetwater,AECOM's Proposal No. OPP-192010 dated
February 28, 2013 with a budget authorization of$99,000 under the general terms and conditions
specified in the proposal.
/3
Sign ture Date
Mark A Rohloff
Print Name
City Manager
Title/Org ization
Signature r Date
Pamela R. Ubrig;
Print Name
City Clerk
Titl: organization p
e• at •• , . ∎41111►` l l .\re Date
Lynn A. Lorenson;
Print Name
City Attorney
Title/O,rInization
3/7/45
Signature Date
Peggy A. Steeno
Print Name
Director of Finance
Title/Organization
To enhance and sustain the world's built,natural and social environments
This fax is a confidential communication intended for the individual or entity named above. If the reader of this message is not
the intended recipient,please delete and note that dissemination,distribution,or copying of this communication is prohibited.
Thank You.
AECOM 2
I agree to accept invoices from AECOM via e-mail and not postal mail:
El Yes
Signature:
E-mail address:
Recipient Mr./Ms:
Return to:
Name: Paul Timm
Address: 558 North Main Street
Oshkosh,WI 54901
Fax: 920.235.0321
Phone: 920.236.6718
To enhance and sustain the world's built,natural and social environments
This fax is a confidential communication intended for the individual or entity named above. If the reader of this message is not
the intended recipient,please delete and note that dissemination,distribution,or copying of this communication is prohibited.
Thank You.
AECOM Commercial Terms for City of Oshkosh
Time and Materials Agreement
Effective January 1,2013
SCOPE OF SERVICES — AECOM Technical Services, Inc., referred to herein as "AECOM", will perform the services described in its
Proposal, or, in the absence of a proposal, as defined in writing and approved by AECOM and Client, referred to herein as"Services" in
accordance with the following"Commercial Terms". These services shall be performed on a Time and Materials basis.
BILLING RATES
STAFF-Charges for all professional,technical and administrative personnel directly charging time to the project will be calculated and billed
on the basis of the following staff category hourly"Billing Rates". Billing Rates are in U.S.dollars,net of all applicable taxes,duties,fees and
related charges,and include fringe benefits,burden and fee.
STAFF RATE/HOUR
Crotteau,Kathryn;Halbach,Cassie;Hansmann,Michelle;Heise!,Tiffany;Hoida,Thomas;Kistner,Amy; $60.00
Worzella,Betty;'Scholz,Carolyn
DesRochers,Rebecca;Kirchner,John;Koslowsky,James,Phillips,Matt $70.00
Allen,Shannon;Engels,Linda;Joachim,Doug;Krueger,Karl;O'Connell,Dan;Reimes,Shawn;Rogers,Christopher, $80.00
Koch,Larry
Bartlein,Ashley $85.00
Brady,Sean;Carlson,Jeffrey S;Hanson,Joseph;Murphy,Jill;Vasiliev,Alexandru $90.00
Dutler,Nick;Hansen,Craig;Jacobson,Theran;Johst,Mike,Magee,Mark;Modahl,Steve;Pamperin,Paul; $100.00
Warner,Justin;Armitage,Dale,Carrillo,Victor
Gahagan,Kimberly $105.00
Dean,Chuck;Diemer,Peter;Mott!,Robert;Wegner,Mike;Wood,Tim $110.00
Hurlebaus,Jen;Padar,Craig;Rubsam,Kurt;Schuenemann,Craig;Thomas,Jeremy,Wolf,Timothy $115.00
Everson,David;Freimund,Michelle,Tesch,Jan $120.00
Atkins,David;Burger,Caroline;Mott,Andrew $125.00
Ruetten,Cindy;Voorhees,John $135.00
Adams,James;Cole,Albert;011endorf,Amy;Timm,Paul,Grumann,Steve $150.00
Gundlach,Bob;Patik,Mike;Peterson,Terrance $160.00
Mattfield,Kelly $185.00
Bachhuber,James;Bushell,Ted;Kiefer,Tony;Rittmeyer,David;Tarvin,Paul;Woodrich,Randy,Refai,Terek $195.00
AECOM may revise these rates annually. All staff personnel have been classified in the above staff categories based on discipline skills,
education and experience level.AECOM reserves the right to add staff to this Fee Schedule as projects progress and budgets are developed.
Revised Fee Schedules will be mutually agreed upon.
All travel, to a maximum of eight hours per day, will be charged at the Billing Rates. Billing Rates are based on a forty-hour work week.
Overtime hours for exempt employees(non-hourly)will be charged at the standard Billing Rates. Overtime hours of non-exempt(hourly-non-
supervisory)employees are charged at 150%of the Billing Rates.
LITIGATION SUPPORT-In the event that AECOM's employees are requested by Client or compelled by subpoena or otherwise by any party
to give expert or witness testimony or otherwise participate in a judicial or administrative proceeding involving the Client at any time, Client
shall compensate AECOM at 150%of the Billing Rate,including preparation time,and shall reimburse AECOM for all out of pocket costs as
provided herein.
RETAINER—AECOM may require advance deposit of funds on specific projects based upon project cost estimates. In those instances,
AECOM and the Client will mutually provide terms for the deposit of advance payments and provisions for crediting such advances against
invoices for Services completed.
OTHER DIRECT COSTS-"Other Direct Costs"are all costs and expenses incurred by AECOM directly attributable to the performance of
Services together with a five percent(5%)fee for costs. Other Direct Costs include subcontracts, materials,shipping charges,special fees,
permits,special insurance and licenses,outside computer time,and miscellaneous costs. Travel and travel-related expenses and equipment
purchased for a project with advance authorization are computed on the basis of actual cost plus a five percent(5%)fee. All other intemal
expenses(reproduction,telephone,facsimile,etc.)will be charged with five(5)percent mark up.
AECONI Page 1 of 2 Form 103B(01/12)
INVOICING AND PAYMENT-Invoices will be issued monthly or twice per month at AECOM's option. Invoices will include a listing of staff
categories,hours worked,rates,and the Other Direct Costs. Invoices will be sent electronically. Any variance from this invoice format will be
completed at the client's expense. Payments can be made by electronic funds transfers to the routing number listed on the invoice or
manually to the address appearing on the invoice due upon receipt. Invoices not paid within thirty(30)days are subject to interest from the
31st day at the rate of 1-1/2%per month(18%per annum)but not to exceed the maximum interest allowed by law. In addition,AECOM may,
after giving seven(7)days written notice to Client,suspend Services without liability until the Client has paid in full all amounts due AECOM on
account of Services rendered and expenses incurred including interest on past due invoices or terminate Services without liability. If there is a
disputed amount on an invoice, Client agrees to pay all undisputed amounts in the thirty(30)day period. In the event that AECOM places
Client's account in the hands of an attorney for collection, Client agrees to pay AECOM all fees and expenses, including attorneys'fees and
expert fees,necessitated thereby.
SECURITY INTEREST—Client hereby grants AECOM a security interest in and to any and all machinery,equipment,other rights,assets,and
property, tangible and intangible, wherever located, now owned or hereafter acquired by Client from AECOM, and any and all proceeds,
additions or accessions to any and all of the foregoing, to secure the payment and performance by Client of any and all direct or indirect
obligations,indebtedness and claims,whether contingent or fixed,now existing or hereafter arising,from Client to AECOM.
ESTIMATES OF COSTS AND SCHEDULES-AECOM's estimates of costs and schedules are for Client's budget and planning assistance
only. Cost and schedule estimates are based on AECOM's best judgment of the requirements known at the time of the proposal and can be
influenced favorably or adversely by Client needs and other circumstances. AECOM will endeavor to perform the Services and accomplish
the objectives within the estimated costs and schedule, but in no event shall AECOM's estimate be interpreted as a not-to-exceed or fixed
price. In the event AECOM is required to exceed its original estimate for any reason,the Client may wish to(1)redefine the scope of Services
in order to accomplish Client's budget objectives,or(2)terminate Services at a specific expenditure level. If option(2)is chosen,AECOM will
turn over all information to the extent completed at the authorized level without further obligation or liability to either party except payment for
Services performed. Notwithstanding any other terms to the contrary,AECOM shall be entitled to a change order for additional compensation
or additional time to perform its work, in the event that work outside the Services is requested or required to be performed by AECOM,or in
the event that the assumptions underlying AECOM's proposal prove to be different from the facts actually encountered by AECOM during the
performance of the Services.
AGREEMENT-These Commercial Terms Form 103B(01/12)and the attached Negotiated General Conditions Form 102(2009)govern the
performance of the Services and rights and obligations of the parties.
AECOM Page 2 of 2 Form 103B City of Oshkosh(01/25/13)
AECOM
AECOM
General Conditions of Service — City of Oshkosh
April, 2009
These General Conditions of Service,including any Supplemental Conditions of Service which are or may become applicable to the services
described in AECOM's Proposal,are incorporated by reference into the foregoing Proposal and shall also be incorporated by reference into any
Agreement under which services are to be performed by AECOM for the Client. No agreement or understanding,oral or written,which in any way
modifies or waives these General Conditions of Service,shall be binding on AECOM(whether contained in the Client's purchase forms or
otherwise)unless hereafter made in writing and executed by AECOM's authorized representative.
Section 1: Scone of Work
a. The scope of work and the time schedules defined in the Proposal are based on the information provided by the Client and shall be
subject to the provisions of this agreement. If this information is incomplete or inaccurate,or if site conditions are encountered which
materially vary from those indicated by the Client,or if the Client directs AECOM to change the original scope of work established by the
Proposal,a written amendment to the Agreement equitably adjusting the costs,performance time,and/or terms and conditions
thereunder,shall be executed by the Client and AECOM as soon as practicable. AECOM,at its discretion,may suspend performance of
its services until such an Amendment has been executed and,if such an Amendment is not agreed to within a reasonable time,AECOM
may terminate this Agreement. In the event this Agreement is terminated pursuant to this Section,the Client shall pay AECOM for all
services performed prior to termination and termination expenses as set forth in Section 15c of these General Conditions of Service.
Section 2: Billings and Payments
a. Payments for services and reimbursable expenses will be made on the basis set forth in the attached proposal. AECOM shall
periodically submit invoices for services performed and expenses incurred and not previously billed. Payment is due upon receipt. For
all amounts unpaid after 30 days from the invoice date,as set forth on AECOM's invoice form,the Client agrees to pay a finance charge
of one and one-half percent(1-1/2%)per month,eighteen percent(18%)annually.The fees described in this agreement may be adjusted
annually on the anniversary date of the effective date of this agreement.
b. The Client shall provide AECOM with a clear written statement within fifteen(15)days after receipt of the invoice of any objections to the
invoice or any portion or element thereof. Failure to provide such a written statement shall constitute a waiver of any such objections and
acceptance of the invoice as submitted.
c. The Client's obligation to pay for the services performed by AECOM under this Agreement shall not be reduced or in any way impaired by
or because of the Client's inability to obtain financing,zoning,approval of governmental or regulatory agencies,or any other cause,
reason,or contingency. No deduction shall be made from any invoice on account of penalty or liquidated damages nor will any other
sums be withheld or set off from payments to AECOM. Client further agrees to pay AECOM any and all expenses incurred in recovering
any delinquent amounts due,including,but not limited to reasonable attomey's fees,arbitration,or other dispute resolution costs,and all
court costs.
d. If any subpoena or court order is served upon AECOM and/or any of its staff,subconsultants or subcontractors requiring presentation of
documents or the appearance of AECOM's staff,subconsultants or subcontractors at a trial,deposition,or for other discovery purposes
arising out of AECOM's services performed under this Agreement,Client will pay AECOM's fees(if any)applicable to AECOM's
compliance with the subpoena or court order. Fees will be based on actual units used at the standard rates in effect at time of service
upon AECOM of the subpoena or court order. Billings shall include time and expenses incurred gathering,organizing,duplicating
documents,preparing to give testimony,travel,and testifying in deposition or trial.
Section 3: Right of Access
a. If services to be provided under this Agreement require the agents,employees,or contractors of AECOM to enter onto the Project site,
Client shall provide right-of-access to the site to AECOM,its employees,agents and contractors,to conduct the planned field
observations or services.
b. If the scope of services includes,or is amended to include,the performance of exploratory borings or test pit excavations,Client will
furnish to AECOM all diagrams,and other information in its possession or reasonably attainable by Client indicating the location and
boundaries of the site and subsurface structures(pipes,tanks,cables,sewers,other utilities,etc.)in such detail as to permit identifying,
in the field,boring/test pit locations which will avoid interferences with any subsurface structures. AECOM will utilize"Diggers Hotline"to
locate and mark public utilities. Client shall indemnify and hold AECOM harmless from liability on account of damages to subsurface
structures or injury or loss arising from damage to subsurface structures,the locations of which are not indicated or are incorrectly
indicated by Diggers Hotline or the information provided by the Client.
c. AECOM reserves the right to deviate a reasonable distance from prescribed or selected exploratory boring or test pit locations.
d. AECOM shall take reasonable precautions to minimize damage to the site due to its operations,but AECOM has not included in its fee,
and is not responsible for,the cost of restoration for any damage resulting from its operations. At the Client's request and for additional
fee,AECOM will,to the extent reasonably practicable,restore the site to conditions substantially similar to those existing prior to
AECOM's operations.
1 2/08
AECOM
Section 4: Safety
a. It is understood and agreed that,with respect to Project site health and safety,AECOM is responsible solely for the safe performance by
its field personnel of their activities in performance of the required services. It is expressly agreed that AECOM's professional services
hereunder do not involve any responsibility for the protection and safety of persons on and about the Project nor is AECOM to review the
adequacy of job safety on the Project. It is further understood and agreed,and not in limitation of the foregoing,that AECOM shall not be
in charge of,and shall have no control or responsibility over any aspect of the erection,construction or use of any scaffolds,hoists,
cranes,stays,ladders,supports,or other similar mechanical contrivances or safety devices as defined and interpreted under any
structural work act or other statute,regulation,or ordinance relating in any way to Project safety.
b. Unless otherwise specifically provided in this Agreement,Client shall provide,at its expense,facilities and labor necessary to afford
AECOM field personnel access to sampling,testing,or observation locations in conformance with federal,state,and local laws,
ordinances,and regulations specifically,including,but not limited to regulations set forth in OSHA 29 CFR 1926.
c. If,in AECOM's opinion,its field personnel are unable to access required locations and perform the required services in conformance with
federal,state,and local laws,ordinances and regulations due to Project site conditions or operations of other parties present on the
Project site,AECOM may,at its discretion,suspend its services until such conditions or operations are brought into conformance with
applicable laws,ordinances and regulations. If,within a reasonable time,operations or conditions are not in conformance with applicable
laws,ordinances,and regulations,AECOM may,at its discretion,terminate this Agreement. In the event that the Agreement is
terminated pursuant to this Section,the Client shall pay AECOM for services and termination expenses as set forth in Section 15 of this
Agreement.
d. Current regulations promulgated by the Occupational Safety and Health Administration(OSHA)require that a"competent person"
conduct inspections of excavations and review any supporting system if workers are to enter the excavations. See OSHA 29 CFR Part
1926(Subpart P). Under the scope of work incorporated in this Agreement,AECOM does not provide and has not assumed any duties
of inspection and/or monitoring of excavations required of the"competent person"under OSHA 29 CFR Part 1926(Subpart P). AECOM
has neither been assigned nor assumed the authority required of the"competent person"under OSHA 29 CFR Part 1926(Subpart P).
Section 5: Samples
a. Unless otherwise specifically provided in this Agreement or amendments thereto,AECOM reserves the right to discard samples
immediately after testing. Upon request,the samples will be shipped(shipping charges collected)or stored at the rate indicated in the
fee schedule attached.
Section 6: Reports and Ownership of Documents
a. AECOM shall furnish up to six(6)copies of each report to Client. Additional copies shall be furnished at the rates specified in the fee
schedule. With the exception of AECOM reports to Client,all documents,including original boring logs,field data,field notes,laboratory
test data,calculations,and estimates are and remain the property of AECOM. Client agrees that all reports and other work product
furnished to the Client not paid for in full will be returned upon demand and will not be used for any purpose,including,but not limited to
design,construction,permits,or licensing.
Section 7: Standard of Care
a. AECOM represents that it will perform its services under this Agreement in conformance with the care and skill ordinarily exercised by
reputable members of the professional engineering community practicing under similar conditions at the same time in the same or similar
locality.
b. NO OTHER WARRANTY OF ANY KIND,EXPRESSED OR IMPLIED,AT COMMON LAW OR CREATED BY STATUTE,IS EXTENDED,
MADE,OR INTENDED BY THE RENDITION OF CONSULTING SERVICES OR BY FURNISHING ORAL OR WRITTEN REPORTS OF
THE FINDINGS MADE.
c. Any exploration,testing,surveys,and analysis associated with the work will be performed by AECOM for the Client's sole use to fulfill the
purpose of this Agreement and AECOM is not responsible for interpretation by others of the information developed. The Client
recognizes that subsurface conditions beneath the Project site may vary from those encountered in borings,surveys,or explorations and
the information and recommendations developed by AECOM are based solely on the information available.
d. AECOM is not responsible for supervising,directing,controlling,or otherwise being in charge of the construction activities at the Project
site;or supervising,directing,controlling or otherwise being in charge of the actual work of the contractor,its subcontractors,or other
materialmen or service providers not engaged by AECOM.
Section 8: Hazardous Substances
a. Upon entering into this Agreement,the Client shall notify AECOM of all such hazardous substances which it knows or which it reasonably
suspects are or may be present at or contiguous to the Project site or which may otherwise affect the services to be provided. Thereafter,
such notification to AECOM shall be required as soon as practicable after the Client discovers either the presence of hazardous
substances which were not previously disclosed,increased concentrations of previously disclosed hazardous substances,or facts or
information which cause the Client to reasonably suspect the presence of any such hazardous substances. Hazardous substances shall
include,but not be limited to,any substance which poses or may pose a present or potential hazard to human health or the environment
whether contained in a product,material,by-product,waste,or sample and whether it exists in a solid,liquid,semi-solid,or gaseous form.
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f. Part-time work is defined as Construction Monitoring Services provided by AECOM where its field personnel are on the Project less than
five(5)working days per week or less than forty(40)hours per week,or both. It is agreed that the Client will furnish AECOM with a
minimum of one working day's notice,or twenty-four(24)hours notice,whichever is greater,on any part-time work of AECOM if field
personnel are requested. AECOM shall make reasonable effort to provide field personnel on all projects,but reserves the right to
schedule its field personnel as it deems appropriate,including the scheduling of different field personnel from day to day on any given
part-time project of AECOM. The Client agrees to inform AECOM of the anticipated services required by AECOM field personnel on any
day,including but not restricted to the kind and number of tests to be required and the anticipated amount of time the field personnel will
be required on the Project site.
g. All field personnel charges will be made on a portal-to-portal basis. Mileage to and from the Project site will be billed at the rate
designated in the attached fee schedules as will any office engineering time needed to review,evaluate or analyze the field data. All calls
made by the Client or the Client's representative to cancel requested part-time AECOM field personnel must be received by AECOM in
time for AECOM to notify field personnel before they leave for the Project site. AECOM will make reasonable effort to contact its field
personnel as quickly as possible,but reserves the right to bill the Client for time incurred in the event AECOM received a cancellation call
too late for it to intercept the field personnel enroute to the Project site.
Section 10: Opinions of Cost
a. AECOM's opinions of probable total Project costs and Project construction costs,if any,provided as part of the services under this
Agreement are made on the basis of AECOM's knowledge,experience,and qualifications and represent AECOM's judgment as an
experienced and qualified professional engineer,familiar with the construction industry;but AECOM cannot and does not guarantee that
proposals,bids,or actual total Project costs or Project construction costs will not vary from opinions of probable cost provided by
AECOM.
Section 11: Shop Drawings
a. In the event that the scope of services includes review and approval of Shop Drawings or other data which contractor(s)are required to
submit,AECOM's review and approval will be only for conformance with the design concept of the Project and for compliance with the
information given in the Project plans and specifications and shall not extend to means,methods,techniques,sequences,or procedures
of construction,or to safety precautions or programs incident thereto.
b. AECOM's review and approval of Shop Drawings or other data shall not relieve the contractor(s)from responsibility for any variation from
the requirements of the plans and specifications unless the contractor(s)has,in writing,called AECOM's attention to each such variation
at the time of submission and AECOM has given written approval of each such variation by a specific written notation incorporated into or
accompanying the Shop Drawing or other data. Approval by AECOM will not relieve the contractor(s)from responsibility for errors or
omissions in the Shop Drawings or other data.
c. AECOM will accept Shop Drawings or other data submittals only from the contractor(s)required by the Project contract documents to
furnish the Shop Drawings or data. AECOM will reasonably promptly review and approve,or take other appropriate action in regard to,
Shop Drawings or data properly submitted to AECOM.
Section 12: Allocation of Risk
a. IN NO EVENT SHALL AECOM BE LIABLE,WHETHER IN CONTRACT,TORT,OR OTHERWISE,FOR CLIENTS LOSS OF PROFITS,
DELAY DAMAGES.
b. Subject to any limitations contained in Sec.893.80 and any similar statute,of the Wisconsin Statutes,the City further agrees to hold
AECOM 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 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.
c. Under no circumstances shall AECOM be liable for extra work or other consequences due to changed conditions or for costs related to
failure of the construction contractor or materialmen or service providers to install work in accordance with the plans and specifications.
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d. Notwithstanding any other provision of this Agreement,it is further agreed that to the fullest extent permitted by law the Client shall
indemnify and hold harmless AECOM and its employees,agents,contractors and consultants from and against all claims,damages,
losses and expenses,direct and indirect,or consequential damages,including but not limited to attorneys'fees and all Court,arbitration
or other dispute resolution costs,arising out of,resulting from,or related to the presence and/or involvement of hazardous substances,
including hazardous waste,at the Project site or contained in samples collected by or received by AECOM from the Project site. The
indemnification set forth in this paragraph 12.d.extends to claims against AECOM which arise out of,are related to,or are based upon,
the dispersal,discharge,escape,release,spillage or saturation of smoke,vapors,soot,fumes,acids,alkalis,toxic chemicals,liquids,
gases or any other material,irritant,contaminant or pollution in or into the atmosphere,or on,onto,upon,in or into the surface or
subsurface(a)soil,(b)water or watercourses,(c)objects,or(d)any tangible or intangible matter,whether such event or circumstances is
sudden or not. Nothing in this Paragraph 12.d.is intended to indemnify,or shall be construed as indemnifying,AECOM with respect to
claims,losses,expenses or damages to the extent caused by AECOM's own negligent acts or omissions.
Section 13: Liability Insurance
a. AECOM shall abide by the document entitled'INSURANCE REQUIREMENTS FOR"PROFESSIONAL LIABILITY'PROVIDERS FOR
CITY OF OSHKOSH'(a copy of which is attached). In the event the City requires specific inclusions of coverage in addition to that
obtained by AECOM,or increased limits of liability in AECOM's liability policies,the cost of such inclusions or increased limits shall be
borne by the City.The City agrees to provide liability protection for its officers,employees and agents while acting within the scope of
their employment. Subject to any limitations contained in Sec.893.80 and any similar statute,of the Wisconsin Statutes,the City further
agrees to hold AECOM 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 or in connection with or occurring during the
course of this agreement 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
Section 14: Dispute Resolution
a. All claims,disputes,controversies or matters in question arising out of,or relating to this Agreement or any breach thereof,including but
not limited to disputes arising out of alleged design defects,breaches of contract,errors,omissions,or acts of professional negligence,
(collectively"disputes")shall be submitted to mediation before and as a condition precedent to any other remedy. Upon written request
by either party to this Agreement for mediation of any dispute,Client and AECOM shall select by mutual agreement a neutral mediator.
Such selection shall be made within ten(10)calendar days of the date of receipt by the other party of the written request for mediation. In
the event of failure to reach such agreement or in any instance when the selected mediator is unable or unwilling to serve and a
replacement mediator cannot be agreed upon by Client and AECOM within ten(10)calendar days,a mediator shall be chosen as
specified in the Construction Industry Mediation Rules of the American Arbitration Association then in effect.
b.
Notwithstanding any other provisions of this Section 14,in no event shall a demand for mediation be made more than two(2)years from
the date the party making demand knew or should have known of the dispute or six(6)years from the date of substantial completion of
AECOM's participation in the Project,whichever date shall occur earlier.
c. All mediation or arbitration shall take place in the City of Oshkosh,Wisconsin,unless Client and AECOM agree otherwise. The fees of
the mediator or arbitrator(s)and the costs of transcription and other costs incurred by the mediator or arbitrator(s)shall be apportioned
equally between the parties.
Section 15: Termination
a. This Agreement may be terminated by either party upon at least seven(7)days written notice in the event of substantial failure by the
other party to perform in accordance with the terms hereof through no fault of the terminating party. Such termination shall not be
effective if that substantial failure has been remedied before expiration of the period specified in the written notice. The only exceptions
to this seven-day written notice condition are AECOM's rights to terminate this Agreement as set forth in Sections 1,4 and 8 of the
Agreement.
b. In addition,AECOM may terminate this Agreement if the Client suspends AECOM's services for more than sixty(60)consecutive days
through no fault of AECOM.
c. If this Agreement is terminated,AECOM shall be paid for services performed prior to the termination date set forth in the notice plus
termination expenses. Termination expenses shall include personnel and equipment rescheduling and re-assignment adjustments and
all other related costs incurred directly attributable to termination.
Section 16: Employment
a. Client agrees that,prior to the completion of AECOM's services on the Project,Client and its officers,agents or employees shall neither
(1)offer employment to AECOM's employees,(2)advise AECOM's employees of employment opportunities with Client,Client's parent or
affiliate organization(s),if any,nor(3)inquire into employment satisfaction of AECOM's employees.
Section 17: Independent Contractor
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a. The relationship between the Client and AECOM created under this Agreement is that of principal and independent contractor. Neither
the terms of this Agreement nor the performance thereof is intended to directly or indirectly benefit any person or entity not a party hereto
and no such person or entity is intended to be or shall be construed as being,a third-party beneficiary of this Agreement unless specified
by name herein or in an Amendment hereto,executed by AECOM's authorized representative.
Section 18: Severability
a. In the event that any provision herein shall be deemed invalid or unenforceable,the other provisions hereof shall remain in full force and
effect,and binding upon the parties hereto.
Section 19: Section Headings
a. The heading or title of a section is provided for convenience and information and shall not serve to alter or affect the provisions included
herein.
Section 20: Survival
a. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability
between the Client and AECOM shall survive the completion of services and the termination of this Agreement.
Section 21: Assigns
a. Neither the Client nor AECOM may delegate,assign,sublet or transfer its duties,responsibilities or interests in this Agreement without
the written consent of the other party.
Section 22: Choice Of Law
a. This Agreement shall be governed by the law of the State of Wisconsin.
Section 23: Written Notice
a. Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an
officer of the corporation for which it was intended,or if delivered at or sent by registered or certified mail to the last business address
known to the party giving notice.
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