Loading...
HomeMy WebLinkAboutDixon Engineering Inc. D.• DIXON ENGINEERING INC. Elevated Water Storage Specialists 703 East Division St. Cadillac, Michigan 49601 Telephone (616) 775-1204 P. 0. Box 823 Stevens Point, Wisconsin 54481 Telephone (715) 345-2989 This agreement between the City of Oshkosh , Oshkosh , Wisconsin hereinafter called "OWNER" and DIXON ENGINEERING, INC. , hereinafter called "PROFESSIONAL", is as follows: The OWNER agrees to engage the services of the PROFESSIONAL for the mutual considerations hereinafter set forth as follows: 1 .25 Million Gallon Hydropillar 750, 000 Gallon Multi-Legged A. Professional agrees to perform the consulting inspection, and advisory services as detailed in attached Schedule A. B. Owner agrees to pay the Professional as compensation for his services the sum of Ten Thousand Two Hundred Sixty-Five & no/100. dollars $ 10. 265. 00 . Terms of payment shall be as detailed in attached Schedule B. C. If additional services are requested by the Owner which are not within the proposed scope of services as defined in Item A, then these services will be charged on the basis of the ENGINEER'S Fee Schedule as detailed in attached Schedule C. D. The OWNER and PROFESSIONAL agree to the conditions as set forth in the attached General Provisions of this agreement. E. Prices stated in this proposal are subject to change after 90 days and will be mutually agreed upon by OWNER and PROFESSIONAL unless approved as a Contract prior to 90 days. /./(1>a," N .1 d/- A _ Con ract Approved by Owner o-Signature if Required, dj7'y C Lt K. (r ry' 44 4 c cam- ,s/4 APPROVE b Position Date MAY % , .986 � ,��. ,_ March 21, 1986 d1. _ k( 1.4 40 P opted by t XON 1NC, Proposal Date %wow,WISCONSIN i •i 1 (. Approved{ by DIXON .ENG., SYNC. l Date . . .. • J ` Z�z;G' 114;44.Z-k---7 ,(HP r SCHEDULE A Preparation of Specifications for Repainting and/or Repair of Elevated Water Storage Tank Scope of Services Performed by Owner 1. Pay all advertising costs. Method of advertising to be determined by Owner. (Dodge Reports, Builders Exchange, local papers, etc.) . 2. Provide place for bid opening. 3. Display Contract Documents for Contractor review. 4. Open bids. received. Scope of Services:Performed by Professional 1. Prepare Contract Documents for project. Contract Documents to include but not limited to the following: a. Advertisement for Bids b. Information for Bidders c. Proposal d. Bid Bond Form e;• General and Supplemental General Conditions f. Detailed Specifications g. Tank Inspection Form 2. Submit advertisement for bids to media agents requested by Owner. 3. Address all questions by written response concerning the project which are submitted to the Professional in writing. 4. Direct mail advertise to contractors who have been prior approved as cap- able and conscientious by Professional. 5. Review bids submitted to Owner and recommend award. 6. Furnish Owner and Contractor Contract Documents to complete. (Agreement, Notice of Award, Payment and Performance Bond Forms) . 7. Review Insurance Certificates and Payment and Performance Bonds of selected Contractor. 8. Furnish Owner with completed Notice to Proceed to sign and forward to the Contractor. SCHEDULE A Inspection Services to Owners On Repaint and/or Repair Projects Scope of Services Performed by Professional Interior and Exterior 3-Coat System 1. Project Administration for the purpose of coordinating the inspection program, local inspector assistance, secretarial, and scheduling of inspection visit!. 2. Attend a pre-construction meeting to be held with Owner's inspector, Contractor, and Engineer: The purpose of this meeting will be to review project discription, and formulate time-table for inspection services by Engineer. 3. Two visits to inspect repairs for completion and compliance to contract specifications. (One visit per tank) . 4. - Provide inspection for the following services to include but not be limited to inspection of the following: a. Inspect interior sandblasting for thoroughness, surface profile, and compliance with specifications prior to the application of the primer coat. (1.25 Million Gallon Hydropillar) ., b. Inspect interior primer coat for uniformity and dry film thickness prior to the application of the intermediate coat . (Hydropillar) c. Inspect interior intermediate coat for uniformity and dry film thickness, also perform holiday testing. (Hydropillar) d. Inspect interior topcoat for uniformity, dry film thickness, and compliance to contract specifications. (Hydropillar) e. Inspect exterior sandblasting for thoroughness, surface profile, and compliance with specifications prior to the application of the primer coat. (750,000 Gallon Multi-Legged) f. • Inspect exterior primer coat for uniformity and dry film thickness prior to the applicari.pn of the intcrmad the .... ;:..i..t... GOa c . ii`lili'C 1-Legged 'g. Inspect intermediate coat on the tank exterior for uniformity and dry film thickness prior to application of topcoat . (Multi-Legged) h. , Final exterior inspection to determine condition of topcoat and assure that the Contractor's equipment has been properly removed without damaging the coating prior to disinfection. (Multi-Legged) SCHEDULE B - CITY OF OSHKOSH, WISCONSIN Preparation of Specifications and Inspection Services Estimated Project Costs are: $ 51,750.00 1.25 Million Gallon Hydropillar $ 94,300.00 750,000 Gallon Multi-Legged $146,050.00 TOTAL 1. Compensation for Preparation of Specifications not to exceed the fee of $ 4,747.00. Engineering expenses for preparing specifications are based on three and one-quarter percent (3.25%) of the estimated project cost. Payment for this item shall be 50% upon completion of specifications and 50% upon review of bids received. 2. Compensation for Project Administration Item 1, Schedule A for inspection services shall be the lump sum amount of $ 9u0.00. Payment for this item shall be 50% upon individual contract completion. (50% upon completion of 1.25 million gallon tank and 50% upon completion of the 750,000 gallon tank) . 3. Payment for pre-construction meeting Item 2, Schedule A for inspection services shall be the lump sum amount of $ 300.00. 4. Compensation for field inspection visits Items 3 and 4, Schedule A for inspection services shall be on an hourly time and expenses rate per Schedule C. This fee not to exceed $ 4,318.00. 5. Invoices will be compiled after the 20th of the month and shall include from the 20th of the proceeding month to the 20th of the invoiced month for Item 4 above. 6. All professional service invoices which are paid within ten (10) days of date of issue shall be discounted (Owner's favor) one and one-half percent (1.5%) . 7. All professional service invoices which are outstanding more than thirty (30) days from date of issue shall be assessed (Professional's favor) one and one-half percent (1.5%) per month interest from date of issue. 8. Request for changes in specifications or inspection visits which result in services exceeding that of this contract will be considered time and expenses per Schedule C. SCHEDULE C Engineering Services Fee Labor Class Principal $90/hr. Project Manager S80/hr- Expert Witness (office, travel, and court) $105/hr. Registered Prdfessional Engineer $65/hr. Staff Engineer - Level 3 $60/hr. Staff Engineer - Level 2 $55/hr. Staff Engineer - Level 1 $45/hr. Inspector - Level 3 $50/hr. Inspector - Level 2 $45.hr. Inspector - Level 1 $40/hr. Secretarial Services $30/hr. and expenses Bookkeeping Services $30/hr. Computer Time $40/hr. including labor Project Status Meetings with Project Engineer Time & expenses including preparation time Council or Board Meetings '$100 plus preparation time plus expenses Expenses Mileage $0.28/mile Meals, Lodging $60 per diem per person Without Lodging Actual plus 10% handling Air Travel Coach fare from Grand Rapids Fees effective through June 30, 1986 SEiJEPAL PROVISIONS SECTION 1 - OWNER'S RESPONSIBILITIES 1.t OWNER shall provide all criteria and full infor- 3.3 Termination nation as OWNER's requirements for the Project; designate The obligation to provide further services under this i person to act with authority on OWNER's' behalf in respect Agreement may be terminated by.either party upon seven of all aspects of the Project; examine and respond promptly days written notice in the event of substantial failure to PROFESSIONAL's submissions; and give prompt written by the other party to perform in accordance with the terms notice to PROFESSIONAL whenever he observes or otherwise hereof through no fault of the terminating party. In the becomes aware of any defect in the work or breach of Con- event of any termination, PROFESSIONAL will be paid for tract or portions conducted by PROFESSIONAL. all services rendered to the date fo termination, all 1.2 OWNER shall also do the following and pay all Reimbursable Expenses and termination expenses. costs incident thereto: 3.4 Successors and Assigns - Guarantee access to and make all provisions for 3.4.1 OWNER and PROFESSIONAL each binds himself and PROFESSIONAL to enter upon public and private his partners, successors, executors, administrators, property as may be necessary. assigns and legal representatives to the other party of - Furnish approvals and permits from all govern- this Agreement and to the partners, successors, executors, mental authorities having jursidiction over the adminstrators, assigns, and legal representatives of Project. such other party, in respect to all covenants, agreements 1.3 OWNER shall pay all costs incident to obtaining and obligations of this Agreement. bids or proposals from Contractor(s). 3.4.2 Neither OWNER nor PROFESSIONAL shall assign, SECTION 2 - MEANING OF TERMS sublet or. transfer any rights under or interest in 2.1 Direct Labor Costs used as a basis for payment (including, but without limitation, moneys that may mean salaries and wages (basic and incentive) paid to all become due or moneys that are due) this Agreement without personnel engaged directly on the Project, including, but the written consent of the other, except as stated in not limited to, engineers, designers, draftsmen, specifics- paragraph 3.4.1 and except to the extent that the effect rion writers. estimators, other technical personnel, steno- of this limitation may be restricted by law. Unless graphers, typists and clerks; but does not include indirect specifically stated to the contrary in any written consent payroll related costs or fringe.'benefits, to an assignment, no assignment.will release or discharge 2.2 Reimbursable Expenses mean the actual expenses the assingor from any duty or repsonsibility under this incurred directly or indirectly in connection with the Agreement. Nothing contained in this paragraph shall Project fur; transporation and subsistence incidental prevent PROFESSIONAL from employing such independent con- thereto; obtaining bids or proposals from Contractor(s); aultants, associates and subcontractors as he may deem furnishing and maintaining field office facilities; appropriate to assist him in the performance of services subsistence and transporation of Resident Project Repre- hereunder. sentatives and their assistants; toll telephone calls and 3.4.3 Nothing herein shall be construed to give any telegrams; reproduction of Reports, Drawings, Specifi- rights or benefits hereunder to'anyone other than cations, and similar Project-related items in addition to OWNER and PROFESSIONAL. those required under Section 1; expenses of photographic 3.5 Arbitration (Not applicable to claims• under production eeciniques; and, if authorized in advance by $600) OWNER, overtime work requiring higher than regular rates. 3.5.1 All claims, counterclaims, disputes and other Where compensation for Basic Services is'on the basis of matters in question between the parties hereto arising Direct Labor Costs timed a factor, Reimbursable Expenses out of or relating to this Agreement or the b"esch shall include the amount billed to PROFESSIONAL by special thereof will be decided by arbitration in accordance consultants employed by PROFESSIONAL (other than as an with the Construction Industry Arbitration Rules of authorized Additional Service under Section 2) for such the American Arbitration Association then obtaining, consultants' services and Reimbursable Expenses times a subject to the limitations and restrictions stated factor of 1.10 and shall also include expenses incurred in paragraphs 3.5.3 and 3.5.4 below. This agreemen. for computer time and other highly specialized equipment, so to arbitrate and any other agreement or consent including an appropriate charge for previously established to arbitrate entered into in accordance herewith ao programs and expenses of photographic production tech- provided in this paragraph 3.5 will be specifically niques times a factor of 1.10. enforceable under the prevailing arbitration law of SECTION 3 - MISCELLANEOUS any court having jurisdiction. 3.1 Reuse of Documents 3.5.2 Notice of demand for arbitration mint be filed All documents including Drawings and Specifications pre- in writing with the other parties' to this Agreement pared by PROFESSIONAL pursuant to this Agreement are • and with the American Arbitration Association. The instruments of service in respect of the Project. They demand must he made within a reasonable time after are not intended or representee to oe suiLaii. to.. ,t.. o.. _- a_rp•�_'e or r-,..-her mate°-- 4., lvesrtnn haw by OWNER or others on extensions of the Project of on any arisen. In no event may the demand for arbitration other project. Any reuse without written verification or be made after the expiration of one year from the adaptation by PROFESSIONAL for the specific purposes date the cause of action accrued. The cause of action intended will be at OWNER's sole risk and without lia- shall be deemed to have accrued at the time the party bility or legal exposure to PROFESSIONAL; and OWNER shall asserting the claim either knew or, by the exercise indemnify and hold harmless PROFESSIONAL from all claims, or reasonable diligence, should have known of the damages, losses and expenses including attorneys' fees existence of such claim. After the expiration of arising out of or resulting therefrom. Any such verifi- said one year, any claim between the parties hereto cation or adaptation will entitle PROFESSIONAL to further shall be barred. compensation at rates to be agreed upon by OWNER and 3.5.3 No arbitration arising out of, or relating PROFESSIONAL. to, this Agreement may include, by consolidation, 3.2 Late Payment joinder or in any other manner, any person or entity If OWNER fails to make any payment due PROFESSIONAL for who is not a party to this Agreement. services and expenses within thirty days after receipt of 3.5.4 The award rendered by the arbitrators will PROFESSIONAL's bill therefor, the amounts due PROFESSIONAL be final, not subject to appeal and judgment may be shall include a charge at the rate of 111% per month from entered upon it in any court having jurisdiction thereof. said first day, and in addition, PROFESSIONAL may, after giving seven days written notice to OWNER, suspend services under this Agreement until he has been paid in f'u11 all amounts due him for services and expenses.