HomeMy WebLinkAboutHoward Needles Tammen & Bergendoff CONTRACT BETWEEN
CITY OF OSHKOSH
AND
HOWARD NEEDLES TAMMEN & BERGENDOFF
FOR
Project I.D. 4994-0-51
USH 41 Frontage Road Study
(STH 44 - STH 21)
Winnebago County
This aggreement, hereinafter named the CONTRACT, made and entered into by
and between the City of Oshkosh, hereinafter named the MUNICIPALITY, and
Howard Needles Tammen & Bergendoff, One Park Plaza, Suite 600, 11270 West
Park Place, Milwaukee, Wisconsin, hereinafter named the CONSULTANT, a part-
nership organized in accordance with the laws of the State of Missouri,
provides for those services described in detail hereinafter.
The DEPARTMENT proposes a Traffic Operations Study, hereinafter named the
PROJECT, and which is described as follows: An analysis of vehicular
traffic patterns along and across USH 41 from STH 44 to STH 21 in the City
of Oshkosh.
The DEPARTMENT deems it advisable to engage the services of a consultant to
provide certain engineering services in conjunction with the PROJECT and
has authority to contract for these services.
The CONSULTANT represents that they are in compliance with the Wisconsin
Statutes relating to the practice of engineering and signifies their
willingness to provide the desired services.
Therefore, in consideration of these premises and of their mutual and
dependent agreements, the parties hereto agree as set forth on the
following pagtes 1 - 32, which are annexed and made a part hereof.
In witness whereof, the parties hereto have cause this Agreement to be
executed and approved on the date written by their authorized officer or
representatives.
CITY OF OSHKOSH CONS LTANT:
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Date Date
I hereby certify tt 1t fho r!ecrss�:rr �rcvisions
Approved for t e State of Wisconsin
have be?.n r;�a ? tc; { :.,/ i1u !i i `i y wf ct? vtii![ Department/of ransportation
accrue under ti-li� r .ri'., / // t c40/
__ll,�t7Admin's.rator D.:to
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Z,Q.A,24.4,0 W,6,-/L j Divi_io of Highways an.
City Comptroller (, Tra sportation Facilities
APPROVED
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1. SCOPE OF SERVICES
A. GENERAL
(1) The work under this CONTRACT shall consist of performing those
phases or portions of the engineering for the PROJECT necessary or
incidental to accomplish the PROJECT, and which are elsewhere herein
specified.
(2) The CONSULTANT shall furnish all services and labor necessary to
conduct and complete the work, and shall furnish all materials,
equipment, supplies, and incidentals other than those which are
hereinafter designated to be furnished by others.
(3) The term "DEPARTMENT" shall mean and include the Wisconsin
Department of Transportation and its authorized representatives.
(4) The term "FHWA" shall mean and include the Federal Highway
Administration and its authorized representatives.
(5) The work under this CONTRACT shall at all times be subject to the
review and approval of the MUNICIPALITY, shall be under the direction
of its authorized representative, and shall be in accord with the
requirements contained in the Department's Facilities Development
Manual , hereinafter referred to as the MANUAL.
(6) Since the work under this CONTRACT is to be financed in whole or
part with federal or state funds, the work shall comply with all
applicable state and federal laws and regulations.
(7) The DEPARTMENT and the FHWA shall have the right to participate in
all conferences and reviews.
(8) The work under this CONTRACT is subject to review and approval by
the DEPARTMENT at those appropriate steps defined in detail in the
MANUAL.
(9) The CONSULTANT shall from time to time during the progress of the
work confer with the MUNICIPALITY and shall prepare and present such
information and studies as may be pertinent and necessary or as may be
requested by the MUNICIPALITY to enable it to pass judgment on the
features of the work. The CONSULTANT shall make such changes,
amendments, or revisions in the detail of the work as may be required
by the MUNICIPALITY. The MUNICIPALITY reserves the right to select the
alternative to be used and may request additional alternatives be
studied.
(10) At the request of the MUNICIPALITY, and during the progress of
the work, the CONSULTANT shall furnish such maps, portions of plans, or
other information or data relating to his work under this CONTRACT as
may be required to enable the MUNICIPALITY to carry out or to proceed
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with related phases of the PROJECT not covered by this
CONTRACT, or which may be necessary to enable the MUNICIPALITY to
furnish information to the CONSULTANT upon which to proceed further
with the work.
(11) Compliance with all of the foregoing shall be considered to be
within the purview of this CONTRACT.
B. DESIGN REPORTS
(1) Concept Definition Report:
A Concept Definition Report, as defined in the MANUAL, has been
prepared for the PROJECT and will be furnished by the MUNICIPALITY.
(2) Design Study Report:
The CONSULTANT shall prepare a Design Study Report in accordance with
the instructions as set forth in the MANUAL. Five copies shall be
submitted to the MUNICIPALITY for approval . The preparation of final
Road Plans , Structure Plans or Right-of-Way Plats shall not be
undertaken by the CONSULTANT until approval of the Design Study Report
by the DEPARTMENT.
(3) Other Reports:
The CONSULTANT shall , as the work progresses , prepare supplemental
engineering reports as necessary to receive approval of those more
complex or unusual aspects of the PROJECT not covered in the normal
project development procedure.
C. ENVIRONMENTAL DOCUMENTATION
(1) General :
The CONSULTANT shall assess the probable environmental impacts of the
PROJECT by preparing an environmental document in accordance with the
requirements of the MANUAL. The type of environmental document
required will depend upon the type of action (Type III , Type II ,
Type I) according to the Environmental Action List as presented in the
MANUAL. The appropriate number of copies of the required document
shall be furnished to the MUNICIPALITY by the CONSULTANT along with a
recommendation as to the proper actions necessary to fulfill State and
Federal environmental requirements. This recommendation shall be
subject to approval by the MUNICIPALITY, the DEPARTMENT and the FHWA
before proceeding with the completion of the action.
(2) Categorical Exclusions (Type III-A Actions) :
When the DEPARTMENT'S Environmental Action List categorizes the PROJECT
as a Type III-A action, the required environmental document for this
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action type shall be prepared by the CONSULTANT as specified in the
MANUAL. The appropriate number of copies shall be furnished to the
MUNICIPALITY and the DEPARTMENT for approval .
(3) Environmental Assessments (Type II Actions) :
(a) When the DEPARTMENT' S Environmental Action List categorizes the
PROJECT as a Type II action, an Environmental Assessment shall be
prepared by the CONSULTANT as specified in the MANUAL. If review of
the Environmental Assessment by the DEPARTMENT and FHWA indicates that
changes to this document are necessary (before a determination can be
made by the DEPARTMENT and the FHWA. as to whether a Finding of No
Significant Impact will be made or whether the preparation of an
Environmental Impact Statement will be required) all such changes shall
be made by the CONSULTANT. The appropriate number of copies of the
completed Environmental Assessment, as specified in the MANUAL, shall
be submitted to the MUNICIPALITY and the DEPARTMENT for approval .
Unless provided elsewhere in this CONTRACT, notification of the
availability of the Environmental Assessment shall be published by the
MUNICIPALITY. Any revisions to the Environmental Assessment resulting
from the public availability period shall be the responsibility of the
CONSULTANT.
(b) When review of the Environmental Assessment by the DEPARTMENT and
FHWA indicates that an Environmental Impact Statement will be required,
the preparation of this document shall be considered as "Extra Work" ,
unless otherwise provided for elsewhere in this CONTRACT.
(4) Environmental Impact Statements (Type I Actions) :
When an Environmental Impact Statement is required under this CONTRACT,
draft and final versions of this statement shall be prepared by the
CONSULTANT. During the preparation of this statement, draft copies
shall be provided to the MUNICIPALITY for review and comment by the
DEPARTMENT and the FHWA. These comments shall be evaluated and
incorporated into the statement. When mutual agreement has been
reached, an original copy of the Environmental Impact Statement -
suitable for reproduction - shall be furnished to the MUNICIPALITY for
endorsement on the title sheet by the DEPARTMENT and the FHWA. After
the title sheet has been signed, the CONSULTANT shall arrange for the
printing of the necessary number of copies of this document. The
MUNICIPALITY will specify the number of copies required. Circulation
of the Draft and Final Environmental Impact Statements shall be by the
DEPARTMENT. The publishing of a public notice of availability shall be
by the MUNICIPALITY.
(5) Agricultural Impact Statement:
As required by current procedures of the DEPARTMENT, defined in detail
in the MANUAL, the CONSULTANT shall prepare a Notification of Interest
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for all agricultural lands which may be taken by this PROJECT. The
Notification of Interest shall be submitted to the Wisconsin Department
of Agriculture, Trade and Consumer Protection by the CONSULTANT.
(6) Section 4(f) Statement:
The CONSULTANT shall determine the impact of this PROJECT upon lands
protected under Section 4(f) of the Federal-Aid Highway Act of 1968,
and shall report his findings to the MUNICIPALITY for evaluation by the
DEPARTMENT and the FHWA. When so directed by the DEPARTMENT the
CONSULTANT shall prepare a Section 4(f) statement in accord with the
procedure as set forth in the MANUAL. The preparation and submittal of
the 4(f) statement shall be coordinated and integrated with the
environmental document as required by the DEPARTMENT and the FHWA.
Draft copies of the 4(f) statement shall be furnished to the
MUNICIPALITY for review by the DEPARTMENT and the FHWA prior to
completion of this statement. The proper number of copies of the 4(f)
statement shall be submitted to the MUNICIPALITY for processing by the
FHWA. The preparation of a 4(f) statement shall be considered as
"Extra Work" , unless otherwise provided for elsewhere in this CONTRACT.
(7) Historical and Archaeological Surveys and Studies:
(a) The CONSULTANT shall confer with the State Historic Preservation
Officer at the State Historical Society of Wisconsin to determine the
impact of the PROJECT upon Historical or Archaeological sites of local ,
statewide, or national significance. The CONSULTANT shall provide the
State Historic Preservation Officer with sufficient information, as
specified in the MANUAL , to enable the Officer to determine if the
properties which may be affected are on or eligible for the National
Register or if preparation of Documentation for Determination of
Eligibility is warranted.
(b) If the State Historic Preservation Officer indicates an interest
in the historical significance of any site, building , or other
structure that may be affected by the PROJECT, it may be necessary to
conduct further studies and prepare additional reports. When
necessary, the CONSULTANT shall prepare the Documentation for
Determination of Eligibility in accordance with 36 CFR 63 and a
Preliminary Case Report in accordance with 36 CFR 800. The Preliminary
Case Report shall conform to FHWA rules for implementation of the
National Environmental Policy Act. Such work shall be considered
"Extra Work" unless otherwise provided for elsewhere in this CONTRACT.
(c) If the State Historic Preservation Officer indicates that a field
archaeological survey will be required, the CONSULTANT shall make such
survey and report the findings as described in the MANUAL.
(d) When a field archaeological survey reveals that there are, or may
be, deposits of materials of archaeological value, which are in danger
of destruction by the PROJECT and if such deposits cannot be avoided by
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the PROJECT, it may be necessary to 1) conduct a further Archaeological
Study(s) to determine the eligibility of the site(s) for inclusion in
the National Register of Historic Places or 2) excavate, salvage and
preserve such material as may be agreed to by the Advisory Council for
Historic Preservation, FHWA, the MUNICIPALITY and the DEPARTMENT. Such
work shall be considered "Extra Work" unless otherwise provided for
elsewhere in the CONTRACT.
(e) Archaeological surveys , studies and other additional
archaeological work and reports that may be required under this
CONTRACT shall be made only by an archaeologist meeting the
qualifications of 36 CFR 61 , Appendix A. Historical studies and
reports that may be required under this CONTRACT shall be made only by
an historian meeting the qualifications of 36 CFR 61, Appendix A.
(8) Noise Reports:
The CONSULTANT shall evaluate the effects of the PROJECT on highway
noise, in accordance with the procedures as set forth in the MANUAL ,
and shall incorporate such information as necessary into the
environmental document. If the DEPARTMENT determines that a separate
Noise Report is required for the PROJECT, the preparation of this
report shall be considered to be "Extra Work" unless otherwise provided
for elsewhere in this CONTRACT.
(9) Air Quality:
The CONSULTANT shall evaluate the effects of the PROJECT on air quality
in accordance with the procedures in the MANUAL , and prepare an
appropriate air quality analysis in conjunction with the Department of
Natural Resources. Such information as necessary shall be incorporated
into the environmental document. If the DEPARTMENT is required to make
application for an air pollution control permit, the preparation of
this application shall be considered to be "Extra Work" unless
otherwise provided for elsewhere in this CONTRACT.
D. AGENCY COORDINATION
(1) General :
(a) The CONSULTANT shall , as the representative of the MUNICIPALITY,
consult with all affected local , state, and federal agencies and supply
them with the necessary information concerning the PROJECT, including
exhibits , so as to enable them to discharge their responsibilities
within their jurisdiction.
(b) Contact with these agencies shall be made early enough in the
development of the PROJECT to enable them to make a timely response so
that their comments can be considered at the appropriate stage of work
under this CONTRACT. These contacts shall be identified within the
public involvement plan and public participation log as set forth under
the provisions of Section 1.F. (1) of this CONTRACT.
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(c) The CONSULTANT shall submit a brief memo to the MUNICIPALITY
reporting on their agency coordination.
(d) Coordination with the Wisconsin Department of Natural Resources
(DNR) shall be in accord with the Cooperative Agreement, as set forth
in the MANUAL.
(e) Contact with the DEPARTMENT shall be only through the
MUNICIPALITY, unless otherwise specifically authorized by the
MUNICIPALITY; and the contact with the FHWA shall be only through the
MUNICIPALITY and in turn, the DEPARTMENT.
(2) Permits - General :
(a) The CONSULTANT shall determine those permits necessary to advance
the PROJECT to the CONTRACT letting stage. When unable to make this
determination the CONSULTANT shall confer with the MUNICIPALITY and the
DEPARTMENT.
(b) The CONSULTANT shall not directly make any application for any
permit.
(c) When a permit is required, the CONSULTANT shall prepare the permit
applications , on the forms and in the manner prescribed by the issuing
agency, or as indicated in the MANUAL, for execution and submittal by
the MUNICIPALITY.
(3) Section 401 and 402 Certifications:
The CONSULTANT shall evaluate the effects of the PROJECT on water
quality, in accordance with the provisions of the Federal Water
Pollution Control Act (Clean Water Act) and the procedures as set forth
in the MANUAL, and shall prepare the necessary application to the
Wisconsin Department of Natural Resources when water quality
certification is required for the PROJECT.
(4) Section 404 Permits:
The CONSULTANT shall evaluate the potential for discharge of fill
materials into the waters of the United States , in accordance with the
provisions of the Federal Water Pollution Control Act and the
procedures as set forth in the MANUAL , and shall prepare the necessary
permit application for submittal to the United States Army Corps of
Engineers when such permit is required for the PROJECT.
(5) Section 9 and 10 Permits :
The CONSULTANT shall evaluate the effects of the PROJECT on commercial
navigation , in accordance with the Rivers and Harbors Act of 1894 and
the procedures as set forth in the MANUAL, and shall prepare the
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necessary permit application(s) for submittal to the United States
Coast Guard and/or the United States Army Corps of Engineers when such
permit(s) is/are required for the PROJECT.
E. RAILROAD/UTILITY INVOLVEMENTS
(1) General :
(a) During the development of the work under this CONTRACT, the
CONSULTANT shall , on behalf of the MUNICIPALITY, confer with all
affected railroad and utility companies , in accordance with the
procedures as set forth in the MANUAL, to establish mutual
understanding on design features.
(b) The CONSULTANT shall keep the MUNICIPALITY duly informed of the
status and nature of all such coordination activities, to enable the
MUNICIPALITY to carry out or proceed with related phases of the
PROJECT.
(2) Railroad Agreements:
(a) The CONSULTANT shall provide the MUNICIPALITY with all necessary
PROJECT information including names of affected railroad companies ,
location along the project, manner and degree affected, and exhibits,
plans, specifications , estimates, reports, and other pertinent
documentation as may be required to enable the DEPARTMENT and/or the
MUNICIPALITY to negotiate any necessary agreements with the affected
railroad companies, in accordance with the procedures as set forth in
the MANUAL.
(b) The CONSULTANT shall present testimony at proceedings before the
Transportation Commission, at the request of the MUNICIPALITY. The
attendance and the preparation of all statements, exhibits and
documentation in this regard shall be considered to be "Extra Work"
unless otherwise provided for elsewhere in this CONTRACT.
(3) Utility Agreements:
(a) The CONSULTANT shall provide the MUNICIPALITY with all necessary
PROJECT information, including names of affected Utility companies ,
the locations along the PROJECT, manner and extent to which affected,
and exhibits, plans, specifications, estimates and other pertinent
documentation as may be required, to enable the affected utility
companies to obtain the necessary permits, enter into any necessary
agreements and to adjust and/or relocate their facilities , in
accordance with the procedures as set forth in the MANUAL.
(b) Unless otherwise provided for elsewhere in this CONTRACT, the
MUNICIPALITY will enter into negotiations with the affected utility
companies and will prepare all necessary agreements and conveyances.
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(c) The CONSULTANT shall present testimony at proceedings before the
Public Service Commission, at the request of the MUNICIPALITY. The
attendance and the preparation of all statements, exhibits and
documentation in this regard shall be considered to be "Extra Work"
unless otherwise provided for elsewhere in this CONTRACT.
(d) The CONSULTANT shall prepare and submit to the MUNICIPALITY a
Utility Status Report(s) , in accordance with the procedures as set
forth in the MANUAL.
F. PUBLIC INVOLVEMENT
(1) General :
(a) The CONSULTANT, after consultation with the MUNICIPALITY shall
prepare a Public Involvement Plan for this PROJECT. A duplicate copy
of this plan shall he furnished to the DEPARTMENT.
(b) In cooperation with the MUNICIPALITY the CONSULTANT shall maintain
a log of public involvement activities associated with this PROJECT. A
duplicate copy of this log shall be furnished to the DEPARTMENT,
including any subsequent additions required to keep that copy current.
(c) During the life of this CONTRACT the CONSULTANT shall assist the
MUNICIPALITY in answering all questions received from the general
public about this PROJECT.
(2) Informational Meetings:
(a) The CONSULTANT shall assist the MUNICIPALITY in holding
informational meeting(s) to acquaint the public with the concepts and
probable impacts of this PROJECT and shall be represented at the
meeting(s) to explain the PROJECT.
(b) The CONSULTANT shall prepare all exhibits and documentary handout
material necessary to conduct the public informational meeting(s) .
(c) The CONSULTANT shall consult with the MUNICIPALITY after the
public informational meetings(s) to discuss the comments received and
shall recommend as to the possible disposition of these comments and
suggestions.
(3) Public Hearing:
(a) When a Public Hearing is specified elsewhere in this CONTRACT, the
CONSULTANT shall assist the MUNICIPALITY in preparing for and holding a
formal Public Hearing, as required for this PROJECT.
(b) As directed by the MUNICIPALITY, the CONSULTANT shall prepare the
necessary exhibits, project statement, and printed handout material for
use by the MUNICIPALITY in conducting the Public Hearing, in accordance
with the procedures as set forth in the MANUAL.
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(c) The CONSULTANT shall be represented at the Public Hearing and
shall be prepared to assist and provide information as requested by the
MUNICIPALITY.
(d) The CONSULTANT shall evaluate the transcript of testimony received
at the Public Hearing and make written recommendations to the
MUNICIPALITY as to the possible disposition of the comments received.
(e) As directed by the MUNICIPALITY, the CONSULTANT shall incorporate
into this PROJECT those changes or modifications brought about as the
• result of the Public Hearing.
(f) All of the work efforts of the CONSULTANT pertaining to the
conduct of the Public Hearing for this PROJECT are a part of this
CONTRACT unless otherwise provided elsewhere in this CONTRACT.
G. LOCATING
(1) When Locating is specified elsewhere in this CONTRACT the
CONSULTANT shall conduct such investigation, study, or reconnaissance
of an area between designated termini upon which a determination for
the location of the highway be made.
(2) Locating is the development of a fairly precise alignment within a
relatively narrow band (subject to further specific refinement under
"Road Plans") such that the feasibility, practicability, and costs of
the location can be fully evaluated. When appropriate to consider a
new location or a relocation, sufficient reasonable alternatives shall
be developed to enable selection of the most suitable alternate for
further development.
(3) Locating shall include the presentation of maps drawn to a
suitable scale of feasible potential alternate alignments . Such maps
shall portray the proposed alignment and profile, and topographical ,
geological , and cultural features which may have a bearing or influence
on the geometrics of highway, costs of right of way, environmental
aspects, construction, future operation, maintenance, and traffic
services , among others.
H. SURVEYS
(1) The CONSULTANT shall make such surveys as are necessary to
accomplish the work under this CONTRACT. Such surveys shall be
complete with respect to detail and to such degree of precision and
accuracy as necessary to develop the plans for the design of the
PROJECT to usual standards of the DEPARTMENT and to yield the data
necessary for the computation of the quantities of the several items of
work embraced in the construction of the PROJECT, and to yield the
physical information necessary for the acquisition of right of way.
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(2) They shall include such investigations of the site, locating and
field staking as may be necessary to provide adequate ties between
railroad and utility facilities and the highway stationing for
development of the design.
(3) They shall include such subsurface investigations as may be
necessary to determine: the suitability of the material to sustain the
overlying embankment, the need for special treatment of the underlying
soils to adequately support the embankment or subgrade, the suitability
of the material for roadway embankment or base courses, the position
and extent to which rock may be encountered in construction. These
investigations shall be made by machine powered equipment. Manually
operated hand tools or equipment may he used when feasible and
appropriate.
When completion of the subsurface investigation as contemplated in the
CONTRACT is not sufficient to adequately assess subsurface conditions,
or otherwise determine all the required information for roadway design,
the CONSULTANT shall recommend "revised investigation programs for
verbal authorization by the DEPARTMENT. Such requests shall be
substantiated on the basis of content of the daily boring log. The
extent of all subsurface foundation investigation performed shall be
fully justified in the Soils Report furnished for the PROJECT.
When sufficient information has been obtained prior to the completion
of the anticipated subsurface investigation , the CONSULTANT shall
recommend termination of the investigation for verbal authorization by
the DEPARTMENT. Such authorization shall require justification by the
CONSULTANT and be fully substantiated in the Soils Report for the
PROJECT.
(4) When it is intended that portion , of the existing pavement
structure shall be retained or salvaged for use in a recycled pavement
structure, the CONSULTANT shall perform sufficient sampling of the
existing pavement structure, including base courses and shoulders , in
order to determine quantities and qualities of such materials available
for recycling. The minimum number of such samples to be obtained shall
be as specified elsewhere in this CONTRACT. The samples of bituminous
pavement shall be delivered to the DEPARTMENT 's materials laboratory,
Kinsman Boulevard, Madison , Wisconsin for analysis and testing by the
DEPARTMENT. From this analysis and testing the DEPARTMENT shall
determine the recycled bituminous mix design.
(5) They shall include investigations of the conditions for
foundations at the sites of proposed bridges or other structures. This
shall consist of not less than one machine powered boring within the
approximate limits of each substructure unit for bridge-type
structures. For lesser type structures , manually operated hand tools
or equipment may be used when feasible and appropriate.
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Foundation borings shall be performed such as to yield sufficient
detailed data to enable a thorough and comprehensive engineering design
of the structure and its foundation.
Foundation investigations shall be coordinated with the DEPARTMENT,
with a minimum of three working days prior notice, to enable the
DEPARTMENT to make provisions for on site observation and to evaluate
subsurface conditions during drilling, when desired. When borings have
reached the depths specified, or as contemplated in the contract,
without achieving desired or necessary data, the driller is authorized
to continue drilling until the depths reach 120 percent of the planned
depths. When necessary data is obtained for any individual boring,
prior to borings reaching the planned depth, the drilling for that
individual boring shall be terminated.
•
When completion of the number and/or 120 percent of the depth of any
individual boring as set forth in the CONTRACT is not sufficient to
adequately assess subsurface conditions , or otherwise determine all the
required foundation information, the CONSULTANT shall recommend revised
boring depths or revised boring program, for verbal authorization by
the DEPARTMENT. The reasons for the authorization request shall be
substantiated by the daily boring log. The extent of all subsurface
foundation investigation performed shall be fully justified in the
Soils Report for the PROJECT.
When sufficient information has been obtained prior to the completion
of the anticipated boring program, the CONSULTANT shall recommend
termination of the investigation for verbal authorization by the
DEPARTMENT. Such authorization shall require justification by the
CONSULTANT and be fully substantiated in the Soils Report for the
PROJECT.
Soil boring work will be measured and paid for on the basis of linear
feet of borings made and shall be substantiated by the daily boring
log.
Costs in excess of Contract Amounts shall require a contract change
order.
(6) They shall include ties to section corners , quarter section
corners , and to street lines or block corners in platted areas. These
ties shall be in sufficient detail to permit the preparation of proper
legal descriptions of the lands to be acquired.
(7) As required in the MANUAL, surveys shall be tied into the State
Coordinate System.
I . ROAD PLANS
(1) When specified elsewhere in the CONTRACT, the CONSULTANT shall
prepare Road Plans.
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(2) Road Plans are the compilation of documents , reproducible
drawings, depicting the location , character, dimensions , and relevant
data necessary to the layout and construction of the prescribed work.
Road Plans generally consist of the following:
1. Title Sheet
2. Typical Cross Sections
3. Special Details including roadway elements and geometric
layouts
4. Standard Detail Drawings
5. Estimate of Quantities Sheets
6. Miscellaneous Quantities
7. Plan and Profile Sheets
8. Computer Earthwork Data and Mass Diagrams
9. Cross Sections
Road Plans shall be designed in accordance with the current practices
of the DEPARTMENT and in accordance with the principles , standards , and
practices adopted by the DEPARTMENT for manual and computer aided
design of highway plans , as specified in the MANUAL, and shall be
developed in accordance to, or he coordinated with the latest edition
of the STANDARD SPECIFICATIONS for ROAD and BRIDGE CONSTRUCTION, of the
DEPARTMENT, hereinafter referred to as the STANDARD SPECIFICATIONS.
(3) In the design and development of the specific PROJECT alignment
within the corridor hand established under Locating, or as otherwise
designated in this CONTRACT; and in establishing the roadway profiles
to provide a "good fit" to the terrain to optimize earthwork and
grading costs; and in developing the configuration of other roadway
elements such as bridges , intersections and cross-sections; the
CONSULTANT shall develop sufficient alternative or trial alignments,
profiles , or other geometric configurations to enable selection of the
design that provides the best balance between practical construction
considerations , right of was requirements , aesthetics and blending with
the topography, and costs . Such trial designs or adjustments are
considered essential phases of good engineering design and are required
work under this CONTRACT.
(4) Should the MUNICIPALITY determine to make a change in the location
from that covered by the information furnished to it by the CONSULTANT,
or a change in the basic design from that set forth in the approved
Design Study Report, and which would substantially necessitate revision
of previously completed and accepted work, such work will be considered
as "Extra Work" under the provisions hereinafter set forth for "Extra
Work".
(5) Plans for minor incidental retaining walls and pipe type
structures , unless otherwise provided in this CONTRACT shall be
considered as special details of the Road Plans and not as Structure
Plans.
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(6) The design of pavement structural layers shall be in accordance
with procedures in the MANUAL.
(7) The plans shall be prepared with such precision and in such detail
to permit the convenient layout in the field for construction and other
purposes within the customary degrees of accuracy. They shall also be
of such character to provide for the calculation of an accurate
estimate of quantities for the items of work to be performed in the
construction of the PROJECT.
(8) The CONSULTANT shall prepare such sketches or preliminary plans
with reproductions thereof to be furnished to the MUNICIPALITY, as may
be required by the MUNICIPALITY or the DEPARTMENT, of such situations
or locations as may require special treatment or study prior to the
determination of the final design.
(9) Road Plans may be developed using either manual or computer aided
design systems . Plan preparation shall be in accordance with the
prescribed methods and on the approved plan sheet vehicles described in
the MANUAL. .
(10) The scales to be used, the lettering, and the general delineation
of the plans shall be such as will provide legible offset prints when
the plan sheets are photographically reduced to one-half their original
dimensions.
The horizontal and vertical scales to be used for plan and profile
presentation on Road Plans shall conform to the requirements of the
MANUAL. Other combinations of scales may be used where appropriate and
when approved by the MUNICIPALITY and concurred in by the DEPARTMENT.
The scale on the detail cross sections shall be one inch to five feet,
except that for extra heavy earthwork or wide sections a scale of one
inch to ten feet, or a combination of such scales for horizontal and
vertical directions may be employed.
(11) When so provided elsewhere in this CONTRACT, the MUNICIPALITY
will furnish to the CONSULTANT such survey notes, partially completed
plans or other data as may be set forth in this CONTRACT for their use
in the preparation of the plans. Unless otherwise specified in the
CONTRACT, such partial plans shall be considered only as preliminary
information subject to further development.
(12) In connection with and as a part of the work embraced in the
preparation of Road Plans, the CONSULTANT shall prepare and furnish to
the MUNICIPALITY specifications for construction work included in the
plans which are not covered by the STANDARD SPECIFICATIONS of the
DEPARTMENT, and such amendments to or revisions of the STANDARD
SPECIFICATIONS as may be required to properly cover the work
contemplated by the plans.
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/13\ The CONSULTANT she furnish such other pertinent information and
data with respect to the plans and design as may be necessary for the
completion of work under this [OpTRAL|.
/14\ Plans will be subject to review and examination by the
MUNICIPALITY, the DEPARTMENT, and the FHWA. Such review and
examination may be made on the site of the PROJECT.
J. STRUCTURE PLANS
( 1) When specified elsewhere in this CONTRACT, the CONSULTANT shall
prepare Structure Plans. Structure Plans are for all structure types
except pipe type structures and minor incidental retaining walls. Such
plans developed using conventional manual methods , or using computer
aided design system methods , sha,ll he in accordance with the Bridge
Design Manual and current policy practices , standards , and criteria of
the DEPARTMENT.
(2) In the design and development of the Structure Plans the
CONSULTANT shall develop sufficient alternative structure types or
other geometric configurations to enable selection of the design that
provides the best balance between practical construction
considerations , right of way requirements , aesthetics and blending with
the topography, and costs . Such trial designs or adjustments are
Considered essential phases uf good engineering design and are required
work under this CONTRACT.
(3) A Structure Survey Report/Hydraulic Report , which includes a
discussion of structure sizing , shall be prepared by the CONSULTANT in
accordance with the procedures as set forth in the MANUAL. The
completed preliminary plan shall show the structure plan , elevation,
and typical cross section , and all pertinent data that shall appear on
the first sheet of the completed structure plans . Five prints of this
plan and the Structure Survey Report/Hydraulic Report shall be
submitted to the MUNICIPALITY for review' The MUNICIPALITY and the
DEPARTMENT will review this prelin.irary plon and the Structure Survey
Report/Hydraulic Report and return one print to the CONSULTANT showing
requested revisions , if any.
(4) Plans for Structures shall he fully dimensioned besides showing
controlling elevations. The plans snail he prepared with such
precision and detail to allow for the convenient layout in the field
with customary degree of accuracy, and to allow for the production of
an accurate estimate of quantities for all pertinent items of work to
be performed in the PROJECT,
(5) Plans for Structures shall ntMode schedules for bar steel
reinforcement. Such schedules shall provide all of the necessary
detail required for the fabrication of the reinforcement without the
necessity of making separate shop drawings for that purpose.
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GENERAL PROVISIONS . . .
Table of Contents Page
1
1. Scope of Services 1
A. General 2
B. Design Reports 2
(1) Concept Definition Report 2
(2) Design Study Report 2
(3) Other Reports 2
C. Environmental Documentation 2
(1) General 2
(2) Categorical Exclusions 3
(3) Environmental Assessments 3
(4) Environmental Impact Statements 3
(5) Agricultural Impact Statement 4
(6) Section 4(f) Statement
(7) Historical and Archaeological Surveys and Studies 4
(8) Noise Reports 5 5
(9) Air Quality 5
D. Agency Coordination 5
(1) General 5
(2) Permits - General 6
(3) Section 401 and 402 Certifications 6
(4) Section 404 Permits 6
(5) Section 9 and 10 Permits 7
E. Railroad/Utility Involvements 7
(1) General 7
(2) Railroad Agreements 7
(3) Utility Agreements 8
F. Public Involvement 8
(1) General 8
(2) Informational Meetings 8
(3) Public Hearing 9
G. Locating
H. Surveys 9
19
I . Road Plans
J. Structure Plans 11
14
K. Plats 16
L. Meetings 16
M. P.S. & E.
2. Prosecution and Progress 16 16
A. General 16
B. Delays and Extensions 18
C. Termination of Contract 18
D. Subletting or Assignment of Contract
3. Basis of Payment 19
A. General 19
29
B. Work Orders , Extra Work, or Decreased Work
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4. Miscellaneous Provisions 20
A. Design Standards 20
B. Revision of Completed Plans 21
C. Ownership of Documents 21
D. Contingent Fees 21
E. Access to Records 21
F. Legal Relations 22
G. Nondiscrimination in Employment 22
H. Federal Requirements for Disadvantaged Business Program 24
I. Disadvantaged Business Utilization 24
J. Equal Employment Opportunity 25
K. Implementation of Clean Air Act and Federal
Water Pollution Control Act 25
5. Special Provisions
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(2) The CONSULTANT shall complete the work under this CONTRACT within
the time for completion specified elsewhere in this CONTRACT. The time
for completion shall be construed to begin upon written order from the
MUNICIPALITY and shall end with the MUNICIPALITY's written notification
to the CONSULTANT acknowledging formal acceptance of the completed
work. Said time shall not he extended because of any delay
attributable to the CONSULTANT but may be extended by the MUNICIPALITY
with concurrence by the DEPARTMENT in the event of a delay attributable
to the MUNICIPALITY or its authorized representative, or because of
unavoidable delays caused by an act of God, war, governmental actions ,
or other conditions beyond the control of the CONSULTANT.
(3) Work by the CONSULTANT shall proceed continuously and
expeditiously through completion of each phase.
(4) Progress reports documenting the extent of completed work shall be
prepared by the CONSULTANT and submitted to the MUNICIPALITY not less
than quarterly. Reports submitted under Section 3.A. (4) of these
provisions can serve to fulfill this requirement.
(5) The CONSULTANT shall notify the MUNICIPALITY in writing when the
CONSULTANT has determined that the work under this CONTRACT has been
completed. Upon the MUNICIPALITY's and the DEPARTMENT's subsequent
determination that the work has been satisfactorily completed, the
MUNICIPALITY will provide written notification to the CONSULTANT
acknowledging formal acceptance of the completed work.
(6) Unless the CONTRACT has been terminated prior to the completion of
the work as hereinafter provided, the CONTRACT shall not be considered
terminated upon completion and acceptance of the work, or upon final
payment therefore, but shall be considered to be in full force and
effect for the purposes of requiring the CONSULTANT to make such
revisions or corrections in the work as are necessary to correct errors
made by the CONSULTANT in the work, or for the purposes of having the
CONSULTANT make revisions in the work at the request of the
MUNICIPALITY as "Extra Work" .
(7) The CONTRACT will be considered terminated when the construction
of the PROJECT has progressed sufficiently to make it manifest that the
construction can be completed without further revisions in the work, or
if the CONSULTANT is released prior to such time by written notice from
the MUNICIPALITY, or if more than three (3) years have elapsed
following formal written notification of final acceptance of the work
by the MUNICIPALITY.
B. DELAYS AND EXTENSIONS
(1) Delays in completing the work within the time provided for
completion as specified elsewhere in this CONTRACT, for reasons not
attributable to the CONSULTANT, may constitute justification for
additional compensation to the extent of documentable increases in
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costs of labor, services, or materials as a result thereof. Failure of
the CONSULTANT to submit a formal written request for an extension of
time prior to the expiration of CONTRACT time as specified elsewhere in
this CONTRACT shall constitute a basis for denying any cost adjustments
for reasons of such delay.
(2) Delays grossly affecting the completion of the work within the
time specified for completion, attributable to or caused by one of the
parties hereto, shall be considered as cause for the termination of
this CONTRACT by the other party.
C. TERMINATION OF CONTRACT
(1) The right is reserved by the MUNICIPALITY to terminate this
CONTRACT at any time upon not less than ten days ' written notice to the
CONSULTANT.
(2) In the event the CONTRACT is terminated by the MUNICIPALITY
without fault on the part of the CONSULTANT, the CONSULTANT shall be
paid for the work performed or services rendered, an amount bearing the
same ratio to the total CONTRACT price as the amount of work completed
or partially completed and delivered to the MUNICIPALITY bears to the
total amount of work provided for herein, as determined by mutual
agreement between the MUNICIPALITY and the CONSULTANT and concurred in
by the DEPARTMENT.
(3) In the event the services of the CONSULTANT are terminated by the
MUNICIPALITY for fault on the part of the CONSULTANT, they shall be
paid the reasonable value of the work performed or services rendered
and delivered to the MUNICIPALITY up to the time of termination. The
value of the work performed and services rendered and delivered, and
the amount to be paid shall be determined by the MUNICIPALITY and
concurred in by the DEPARTMENT.
(4) In the event the CONSULTANT shall terminate this CONTRACT for
cause set forth under the provisions of Section 2.B(2) of these
provisions , the CONSULTANT shall be paid as set forth in Section
2.C.(2) above.
(5) In the event of the death of any member or partner of the
CONSULTANT'S firm, the surviving members shall complete the work,
unless otherwise mutually agreed upon by the MUNICIPALITY and the
survivors, in which case the CONSULTANT shall be paid as set forth in
Section 2.C. (2) above.
D. SUBLETTING OR ASSIGNMENT OF CONTRACT
(1) The CONSULTANT shall not sublet or assign any part of this
CONTRACT without the prior written approval of the MUNICIPALITY, except
as may be provided elsewhere in the CONTRACT.
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(2) When the CONSULTANT is authorized to sublet or assign a portion of
the work under this CONTRACT, the CONSULTANT shall perform, with. his
own organization, work amounting to at least one-half of the original
CONTRACT amount.
(3) Consent to assign, sublet, or otherwise dispose of any portion of
the CONTRACT shall not be construed to relieve the CONSULTANT of any
responsibility for the fulfillment of the CONTRACT.
(4) When the CONSULTANT subcontracts for the performance of a portion
or any phase of the work under this CONTRACT, the subcontract shall
provide for the performance of such work to the full scope as
contemplated in this CONTRACT and to the same standards and concept as
if performed by the prime CONSULTANT.
(5) No subletting, subcontracting or assignment of any portion of the
work under this CONTRACT shall state, imply, intend or be construed to
limit the legal liability of either the prime CONSULTANT or the
subcontractor.
3. BASIS OF PAYMENT
A. GENERAL
(1) The CONSULTANT will be paid by the MUNICIPALITY for the completed
and approved work or services rendered under this CONTRACT on the basis
and at the CONTRACT price set forth elsewhere in this CONTRACT, and for
"Extra Work" , if any, at the compensation therefore set forth in the
approved written orders covering such work. Such payment shall be full
compensation for work performed or services rendered and for all labor,
material , supplies , equipment and incidentals necessary to complete the
work.
(2) If, when so provided elsewhere in this CONTRACT, that compensation
shall be made on more than one basis, the payment to be made shall be
the aggregate sum of the amounts determined on the several bases.
(3) Reimbursement for costs will be limited to those which are
allowable under 48 CFR 1-31.2, Federal Acquisition Regulations , except
as modified by WisDOT policy.
(4) The CONSULTANT may submit invoices to the MUNICIPALITY, not more
often than once per month during the progress of the work, for partial
payment on account, for the authorized work completed to date. Such
invoices shall represent the value of the partially completed work, and
shall be accompanied by a progress report as discussed in Section
2.A. (4) , showing the amount of CONTRACT work accomplished at the end of
the billing period. Payments to the CONSULTANT will be limited to 95
percent of the total CONTRACT cost with the 5 percent retainer being
withheld from the last billing(s) . The 5 percent retainer will be paid
upon notice from the CONSULTANT that the CONTRACT work is completed and
final acceptance of the work by the MUNICIPALITY.
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(5) Final payment of any balance due the CONSULTANT of the ultimate
gross amount earned will be made promptly upon its ascertainment and
verification by the MUNICIPALITY, after the completion of the work
under this CONTRACT and its acceptance by the MUNICIPALITY, and the
receipt of the plans, maps, notes, reports, and other related documents
which are required to be furnished under this CONTRACT.
B. WORK ORDERS, EXTRA WORK, OR DECREASED WORK
(1) Written orders regarding the work, including extra work or
decreased work, will be given by the MUNICIPALITY.
(2) Orders that do not change the scope of services in the CONTRACT,
but may increase or decrease the quantity of labor or materials or
expense of the work, shall not annul or void this CONTRACT. The
CONSULTANT must proceed with the work as directed by furnishing the
necessary labor, materials and professional services to complete the
work within the time limits specified elsewhere in this CONTRACT or as
adjusted by written agreement of the parties.
(3) If in the CONSULTANT'S opinion such orders would require the
discarding or redoing of work which was based upon earlier direction or
approvals, the CONSULTANT must notify the MUNICIPALITY in writing if it
is believed that extra compensation is warranted. Such notification
shall be in accord with paragraph B. (5) of this Section.
(4) Any orders given by the MUNICIPALITY which would involve work not
within the scope of services of this CONTRACT will require a written
order for "Extra Work" as described in Section 3.A.(1)(2) of these
provisions.
(5) If in the CONSULTANT'S opinion orders involve work not included in
the terms or scope of services of this CONTRACT, the CONSULTANT must
notify the MUNICIPALITY in writing if it is believed that extra
compensation or additional time allowance is warranted. Such
notification shall include the justification for extra compensation and
the estimated amount of additional fee requested.
(6) The MUNICIPALITY shall review the CONSULTANT'S submittal and, if
acceptable and concurred in by the DEPARTMENT, approve a change order
as an amendment to this CONTRACT. Work under a change order shall not
proceed until so authorized by the MUNICIPALITY. Such change orders
shall include appropriate time extensions when warranted.
4. MISCELLANEOUS PROVISIONS
A. DESIGN STANDARDS
(1) Preparation of plans and specifications shall be accomplished in
accordance with the current standards and criteria as contained in the
MANUAL. Compliance with standards and criteria as may be provided
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through revisions to the MANUAL and made subsequent to the execution of
this CONTRACT shall be in accordance with Section 3.B. of these
provisions.
B. REVISION OF COMPLETED PLANS
(1) The CONSULTANT shall make such revisions in plans which have been
completed, approved, and accepted by the MUNICIPALITY as are necessary
to correct errors in the plans , when required to do so by the
MUNICIPALITY, without compensation therefor from the MUNICIPALITY.
(2) Should the MUNICIPALITY find it desirable for its own purposes to
have previously satisfactorily completed and accepted plans or parts
thereof revised, the CONSULTANT shall make such revisions if requested
and as directed by the MUNICIPALITY. This work shall be considered as
"Extra Work" and will be paid for as such.
C. OWNERSHIP OF DOCUMENTS
(1) Upon completion or termination of this CONTRACT all original
CONTRACT documents including a magnetic tape copy of computer aided
design system map and plan files when this method of plan and plat
development was used by the CONSULTANT, shall be delivered to and
- become the property of the MUNICIPALITY. These notes , studies , reports,
estimates, specifications, plans, etc. may be used without restriction
for any public purpose. Any such public use, other than for the PROJECT
hereinbefore identified, shall be at the risk of the MUNICIPALITY and
shall not constitute any liability on the CONSULTANT.
D. CONTINGENT FEES
(1) The CONSULTANT warrants that he has not employed or retained any
company or person, other than a bonafide employee working solely for
the CONSULTANT, to solicit or secure this CONTRACT, and that he has not
paid or agreed to pay any company or person, other than a bonafide
employee working solely for the CONSULTANT, any fee, commission,
percentage, brokerage fee, gift, or any other consideration,
contingent upon or resulting from the award or making of this CONTRACT.
For breach or violation of this warranty the MUNICIPALITY shall have
the right to annul this CONTRACT without liability, or on its
discretion to deduct from the agreement price or consideration , or
otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
E. ACCESS TO RECORDS
(1) The CONSULTANT, as well as his subcontractors , if any, agree to
maintain all books, documents , papers , accounting records and other
evidence pertaining to all costs incurred under this CONTRACT and to
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make such materials available at their respective offices at all
reasonable times during the CONTRACT period and for three years from
the date of final payment under the CONTRACT, for inspection by the
MUNICIPALITY, the DEPARTMENT, the FHWA, and the Comptroller General of
the United States, and copies thereof shall be furnished if requested.
If more than a nominal number of copies are requested the additional
copies shall be furnished at the expense of the requesting agency. The
CONSULTANT will maintain these records at the location specified
elsewhere in the CONTRACT.
F. LEGAL RELATIONS
(1) The CONSULTANT shall familiarize himself, and shall at all times
comply with and observe all federal and state laws, local laws,
ordinances, and regulations which in any manner affect the work or its
conduct.
(2) In carrying out any provisions of this CONTRACT or in exercising
any power or authority granted to them thereby, there shall be no
personal liability upon the authorized representatives of the
MUNICIPALITY, the DEPARTMENT, and the FHWA, it being understood that in
such matters they act as agents and representatives of these agencies.
(3) The CONSULTANT shall indemnify and save harmless the MUNICIPALITY,
the DEPARTMENT and the FHWA and all of their officers , agents, and
employees on account of any damages to persons or property resulting
from negligence of the CONSULTANT in connection with prosecution and
completion of the work covered by this CONTRACT.
G. NONDISCRIMINATION IN EMPLOYMENT
(1) During the performance of this CONTRACT, the CONSULTANT, for
itself, its assignees and successors in interest agrees as follows:
In connection with the performance of work under this CONTRACT, the
CONSULTANT agrees not to discriminate against any employee or applicant
for employment because of age, race, religion, color, handicap, sex,
physical condition, developmental disability as defined in S. 51.01
(5) , sexual orientation as defined in S. 111.32 (13m) or national
origin. This provision shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training including
apprenticeship. Except with respect to sexual orientation, the
CONSULTANT further agrees to take affirmative action to ensure equal
employment opportunities. The CONSULTANT agrees to post in
conspicuous places, available for employees and applicants for
employment, notices to be provided by the DEPARTMENT or MUNICIPALITY
setting forth the provisions of the nondiscrimination clause.
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(2) The following statutory definition shall be used for the purpose
of interpreting and administering this CONTRACT. "Developmental
disability" means a disability attributable to mental retardation,
cerebral palsy, epilepsy, or another neurological condition closely
related to mental retardation or requiring treatment similar to that
required for the mentally retarded , which disability has originated
before the individual has attained 18 years of age, has continued or
can be expected to continue indefinitely and constitutes a substantial
handicap to the afflicted individual .
(3) The CONSULTANT will comply with the Regulations of the State of
Wisconsin and the DEPARTMENT relative to nondiscrimination in
Federally-assisted programs of the Department of Transportation (Title
49, Code of Federal Regulations , Part 2.1, hereinafter referred to as
the REGULATION) , which are herein incorporated by reference and made a
part of this CONTRACT.
(4) The CONSULTANT with regard to the work performed by it after award
and prior to completion of the work, will not discriminate on the
grounds of sex, race, color, or national origin in the selection and
retention of subcontractors , including procurements of materials and
leases of equipment. The CONSULTANT will not participate either
directly or indirectly in the discrimination prohibited by Section 21.5
of the REGULATIONS, including employment practices when the CONTRACT
covers a program set forth in Appendix B of the REGULATIONS.
(5) In all solicitations either by competitive bidding or negotiation
made by the CONSULTANT for work to be performed under a subcontract
including procurements of materials or equipment, each potential
subcontractor or supplier shall be notified by the CONSULTANT of the
CONSULTANT'S obligations under this CONTRACT and the REGULATIONS
relative to nondiscrimination on grounds of sex, race, color or
national origin.
(6) The CONSULTANT will provide all information and reports required
by the REGULATIONS, or orders and instructions issued pursuant thereto,
and will permit access to its books, records , accounts, other sources
of information and its facilities as may be determined by the
DEPARTMENT to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required
of a CONSULTANT is in the exclusive possession of another who fails or
refuses to furnish this information, the CONSULTANT shall so certify to
the MUNICIPALITY, DEPARTMENT and FHWA and shall set forth what efforts
it has made to obtain the information.
(7) In the event of the CONSULTANT' S noncompliance with the
nondiscrimination provisions of this CONTRACT, the MUNICIPALITY shall
impose such CONTRACT sanctions as it, the DEPARTMENT, and the FHWA may
determine to be appropriate including, but not limited to:
(a) Withholding of payments to the CONSULTANT under the CONTRACT until
the CONSULTANT complies, and/or
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(b) Cancellation, termination or suspension of the CONTRACT in whole
or in part.
(8) The CONSULTANT will include the provisions for nondiscrimination
in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the regulation, order, or instructions
issued pursuant thereto. The CONSULTANT will take such action with
respect to any subcontract or procurement as the DEPARTMENT may direct
as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that in the event a CONSULTANT
becomes involved in, or is threatened with litigation with a
subcontractor or supplier as a result of such direction, the CONSULTANT
may request the DEPARTMENT to enter into such litigation to protect the
interests of the State and, in addition, the CONSULTANT may request the
FHWA to enter into such litigation to protect the interests of the
United States.
H. FEDERAL REQUIREMENTS FOR DISADVANTAGED BUSINESS PROGRAM
(1) Disadvantaged Businesses (DB) as defined in 49 CFR Part 23 and the
Surface Transportation Assistance Act of 1982 (STAA-82) shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with federal funds. Consequently, the DB
requirements of 49 CFR Part 23 and the STAA-82 apply to this CONTRACT,
unless stated to the contrary elsewhere in this CONTRACT.
(2) The CONSULTANT agrees to ensure that Disadvantaged Businesses as
defined in 49 CFR Part 23 and the STAA-82 have the maximum opportunity
to participate in the performance of any subcontracts financed in
whole or in part with federal funds provided under this agreement. In
this regard the CONSULTANT shall take all necessary and reasonable
steps in accordance with 49 CFR Part 23 and the STAA-82 to ensure that
Disadvantaged Businesses have the maximum opportunity to compete for
and perform subcontracts. The CONSULTANT shall not discriminate on the
basis of race, color, national origin, or sex in the award and
performance of DOT-assisted contracts. Failure to carry out the
requirements of this provision shall constitute a breach of contract
and may result in termination of this CONTRACT by the MUNICIPALITY or
other such remedy as the MUNICIPALITY deems appropriate.
I . DISADVANTAGED BUSINESS UTILIZATION
(1) The CONSULTANT, as part of his affirmative action
responsibilities, agrees to provide a hereinafter stated percentage of
the work under this CONTRACT to small business concerns owned and
controlled by socially and economically disadvantaged individuals.
(2) The CONSULTANT will solicit quotes of service from Disadvantaged
Businesses (DB) by making systematic written and verbal contact with
one or more such firms. It is required that a meaningful portion of
the CONTRACT amount will be provided by one or more DB firms.
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(3) If the total Contract Amount for this Contract exceeds $25 ,000,
the consultant shall procure services and/or subcontract, a minimum of
10 percent of the total amount to one or more DBE firms. A listing of
such firms is maintained by the Wisconsin Department of Development,
and by the Wisconsin Department of Transportation. This requirement
does not pertain to this CONTRACT if the prime consultant is a
certified DB firm.
(4) The CONSULTANT shall identify, by name, the DB entrepreneur(s)
whose utilization is intended to satisfy this provision, the items of
work involved, and the dollar amounts of such items of work elsewhere
in this CONTRACT.
(5) The CONSULTANT shall maintain records and document his
performance under this item.
J. EQUAL EMPLOYMENT OPPORTUNITY (All Contracts Exceeding $10,000)
During the performance of this CONTRACT, the CONSULTANT agrees as
follows:
(1) The CONSULTANT will , in all solicitations or advertisements for
employees placed by or on behalf of the CONSULTANT, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
(2) The CONSULTANT will comply with all provisions of Executive Order
11246, entitled "Equal Employment Opportunity" , as amended by Executive
Order 11375, and as supplemented in Department of Labor regulations (41
CFR Part 60) .
(3) The CONSULTANT will furnish all information and reports required
by Executive Order 11246 and by rules , regulations and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his
books, records and accounts by the DEPARTMENT, FHWA, and the Secretary
of Labor for purposes of investigation to ascertain compliance with
such rules, regulations and orders.
(4) The CONSULTANT will include the provisions of this Section
entitled "Equal Employment Opportunity" in every subcontract in excess
of $10,000.
K. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT
(All Contracts Exceeding $100,000)
(1) The CONSULTANT stipulates that any facility to be utilized in the
performance of this CONTRACT, unless such CONTRACT is exempt under the
Clean Air Act, as amended (42 U.S.C. 1857 et seq. , as amended by Pub.
L. 91-604) , and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq. , as amended by Pub. L. 92-500) ,
Executive Order 11738, and regulations in implementation thereof (40
CFR Part 15) , is not listed, on the date of CONTRACT award, on the U.S.
Environmental Protection Agency (EPA) List of Violating Facilities
Pursuant to 40 CFR 15.20.
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WISCONSIN DEPARTMENT OF TRANSPORTATION ���N‘IIIIlUillitiq�
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(2) The CONSULTANT agrees to comply with all the requirements of
Section 114 of the Clean Air Act and Section 308 of the Federal Water
Pollution Control Act and all regulations and guidelines listed
thereunder.
(3) The CONSULTANT shall promptly notify the DEPARTMENT and the U.S.
EPA Assistant Administrator for Enforcement of the receipt of any
communication from the Director, Office of Federal Activities, EPA,
indicating that a facility to be utilized for this CONTRACT is under
consideration to be listed on the EPA List of Violating Facilities.
(4) The CONSULTANT agrees to include or cause to be included the
requirements of the preceding three paragraphs (1) , (2) , (3) , in every
nonexempt subcontract.
•
•
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(6) When the plans for a structure have been completed to the degree
that all of the detail has been substantially developed, the CONSULTANT
shall furnish the MUNICIPALITY with three sets of prints of such plans
for review and examination.
(7) The CONSULTANT shall submit three copies for review and
examination of all specifications for items of work included in the
Structure plans which are not covered by the STANDARD SPECIFICATIONS of
the DEPARTMENT and such amendments to or revisions of the STANDARD
SPECIFICATIONS as may be required to properly cover the work
contemplated by the plans.
(8) The preparation or checking of shop drawings for the fabrication
of structural steel is not a part of the work under this CONTRACT,
unless specifically required elsewhere in this CONTRACT.
(9) Plans will be subject to review and examination by the
MUNICIPALITY, the DEPARTMENT, and the FHWA. Such review and
examination may be made on the site of the PROJECT.
(10) Along with the plans for structures the CONSULTANT shall submit
one copy or reproduction of the design computations for the
MUNICIPALITY'S review and permanent file.
(11) When the plans for structures are to be prepared by others , the
MUNICIPALITY and the CONSULTANT(S) shall provide each other with the
necessary pertinent information to effect the proper correlation
between the Road Plans and the Structure Plans.
(12) The CONSULTANT shall furnish such other pertinent information and
data with respect to the plans and design as the DEPARTMENT may
request.
K. PLATS
(1) When specified elsewhere in this CONTRACT, the CONSULTANT shall
prepare Right of Way Plats using conventional manual methods or using
computer aided design system methods , which shall consist of a title
sheet, layout sheets , and detail sheets as further defined in the
MANUAL. Unless required elsewhere in this CONTRACT, preparation of
plats shall be paid for as "Extra Work" .
(2) When required elsewhere in this CONTRACT, Title Searches shall be
made of the titles to all properties or premises through or over which
a Right of Way for the PROJECT is to be acquired, except those of
Railroad Companies. The Title Search shall extend over and cover a
minimum period of five years or to the last conveyance of record if
more than five years , and shall include a certification to the
MUNICIPALITY of all entries of record affecting the titles of the said
properties or premises during such period. A copy of the last deed of
record shall be included as part of the title report. All easements on
purchased property shall be identified.
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WISCONSIN DEPARTMENT OF TRANSPORTATION
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(3) When required elsewhere in this CONTRACT right of way descriptions
shall be provided for all individual parcels of land to be acquired as
Right of Way for the PROJECT. Descriptions shall be by metes and
bounds in accordance with the provisions as set forth in the MANUAL, or
in the case of platted property by suitable reference to the platted
data. For all unplatted property the descriptions shall be referenced
to and tied into the pertinent section or quarter section corners.
(4) If Right of Way Plats are required for the PROJECT, the CONSULTANT
shall field locate and temporarily mark the new right of way boundaries
in a manner which will facilitate the appraisal of all affected
parcels. When provided for elsewhere in the CONTRACT, the CONSULTANT
shall monument the new right of way boundaries in accordance with the
procedures outlined in the MANUAL.
(5) When required the CONSULTANT shall prepare an Acquisition Stage
Relocation Plan in accordance with the procedures as set forth in the
MANUAL. All documentable work efforts involved in the preparation of
this Plan shall be considered to be "Extra Work" unless otherwise
provided elsewhere in this CONTRACT.
L. MEETINGS
(1) Meetings, as necessary, may be scheduled at the request of the
CONSULTANT or the MUNICIPALITY or the DEPARTMENT for the purpose of
discussing and reviewing the work under this CONTRACT.
(2) These meetings may include a visit to the site for a field review
of the PROJECT.
(3) An Operational Planning Meeting shall be held to discuss the
organization and processing of the work under this CONTRACT.
(4) All work efforts pertaining to Meetings for this PROJECT are a
part of this CONTRACT unless otherwise provided for elsewhere in this
CONTRACT.
M. P.S.& E.
(1) Unless specified elsewhere in this CONTRACT the CONSULTANT shall
prepare a complete P.S. & E. as specified in the MANUAL.
2. PROSECUTION AND PROGRESS
A. GENERAL
(1) Work under this CONTRACT shall commence upon written order from
the MUNICIPALITY to the CONSULTANT, which order will constitute
authorization to proceed.
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5. SPECIAL PROVISIONS
•
A. Scope of Services
1. The work under this CONTRACT shall consist of a traffic
engineering study for the USH 41 frontage road system between
STH 44 and STH 21. This study shall consist of four phases:
Phase I - Data collection and identification of problems.
Phase II - Develop future traffic volumes and land use plan.
Phase III - Develop short-term and long-term alternatives.
Phase IV - Make recommendations and prepare report.
2. Section 1.B. (2) , 1.C, 1.D. (2) through (5) , l.E(2) and (3) ,
1.F. , 1.H. , and l.M of the General Provisions shall not apply
to this CONTRACT.
B. Meetings
1. Five meetings, as defined in Section 1.L. of the General
Provisions are provided for in this CONTRACT.
C. Prosecution and Progress
1. Work under this CONTRACT shall be completed in 9 months. The
consultant shall identify a project for FAU funding in 6
months.
2. The CONSULTANT shall sublet portions of the work of data
gathering and alternative development to the Disadvantage
Business Firm of Dikita Enterprises.
D. Basis of Payment
1. The CONSULTANT will be compensated for services provided for
under this contract on the following basis:
a. For the Traffic engineering study, a lump sum of $42,050.
b. For the work of Dikita Enterprises, the CONSULTANT's
actual cost not to exceed $4,700.
2. The total cost of the CONTRACT shall not exceed $46,750.
3. Request for payment by the CONSULTANT are to be made to the
DOT, District office at Green Bay and payment will be made by
the DOT. A copy of the request for payment will be sent to the
MUNICIPALITY.
I.D. 4994-0-51 -27-
E. Access to Records
1. The CONSULTANT's records of the services provided for under
this CONTRACT shall be available for inspection and copying at
One Park Plaza, Suite 600, 11270 West Park Place, Milwaukee,
Wisconsin 53224.
F. MUNICIPALITY Responsibility
1. The City of Oshkosh will furnish the consultant with the
following:
a. Existing reports, maps, sketches, cost estimates, and other
data pertaining to the project to the extend available.
b. Existing street and right-of-way maps.
c. City utility maps.
G. DEPARTMENT Responsibility
1. The Department of Transportation will furnish the CONSULTANT
with the following:
a. Plans and right-of-way plan along USH 41.
b. Available traffic data.
H. Miscellaneous
1. Close cooperation between the CONSULTANT, DEPARTMENT, and the
MUNICIPALITY will be required at all times. The representative
of the CONSULTANT will be Kenneth Graham. The representative
of the MUNICIPALITY will be Gerald Konrad.
I.D. 4994-0-51 28
WORK PROGRAM
Phase I Existing Conditions
Task I-A: Operational Planning Meeting
During this meeting, the Task Force Committee will be formed and should include
representatives from the City, the DOT and the adjacent businesses. The specific
schedule and target dates associated with the study can then be established. In
addition, liaison procedures, study parameters and limitations will be discussed.
This meeting will also provide an opportunity to request available data from the
City of Oshkosh and the Department of Transportation.
Task I-B: Data Collection
Following the review of the data requested from the study initiation meeting,
additional data including traffic counts/surveys, accident reports and existing
land use information will be collected.
Traffic Counts/Surveys
Intersection turning movement counts at the 15 critical intersections shall be
conducted. These counts will be taken on a typical weekday and will cover the
morning peak period (7:00 a.m. - 9:00 a.m.), noon period (11:00 a.m. - 1:00 p.m.)
and the evening peak period (3:00 p.m. - 5:00 p.m.). In addition, traffic at the
intersection of Koeller Avenue and 9th Avenue and the NB USH 41 off ramp and 9th
Avenue will be counted on a Sunday from 11:00 a.m. to 3:00 p.m. Turning movement
counts at major driveways on Koeller Avenue from Menard Drive to Witzel Avenue will
be conducted during the noon hour period and the evening peak period. Traffic
movements occurring between the 9th Avenue intersections with Koeller Avenue and
the USH 41 NB on and off ramps will be observed to identify the traffic patterns
through these intersections.
Accident Reports
Accident information from the past 3 years will be collected and reviewed to
identify critical areas from a safety standpoint. Accident problem locations will
be identified during a meeting with Mark Huddleston. The accident reports for
these problem locations will then be obtained from the Police Department to deter-
mine collision patterns and causes.
Land Use
The existing land use within the study area will be determined through a windshield
survey and marked on a 1" - 200' aerial of the project area. In addition, inter-
views will be held with the appropriate city staff and other government agencies if
necessary to determine expected future land uses within the study area.
Task I-C: Operational Characteristics
Following a review of all the information obtained during the data collection
effort, the operational characteristics of the various intersections and roadway
segments shall be determined. Procedures developed in the 1985 Highway Capacity
Manual shall be used for this analysis.
I.D. 4994-0-51 23
Task I-D: Define Existing Traffic Conditions
Utilizing the collected data and the analysis of the operational characteristics,
current traffic circulation patterns within the study area shall be established.
In addition, critical areas with unsatisfactory operating conditions, sight dis-
tance problems, poor geometrics or safety concerns will be identified. This
information will indicate which intersection/roadway segments within the study area
require improvements.
Task I-E: Task Force Committee Meeting
The second Task Force Committee meeting will be held to review the existing condi-
tions identified in the study area, particularly as defined for existing land uses
and those intersections and roadway segments identified with poor operating charac-
teristics and safety concerns. This meeting will allow the task force committee to
react to and provide input to the analysis. In addition, any improvements that can
be quickly implemented, which may develop as a result of the first phase will be
discussed with the committee.
Phase II - Future Conditions
Task II-A: Proposed Land Use Plan
As a result of Task I-B (Land Use) and working with the appropriate city staff, the
future land use which would most likely develop throughout the study area within
the next 20 years will be determined. This plan will include types of use and
approximate density.
Task II-B: Develop Future Traffic Volumes
Projected traffic volumes will be based on the future land use plan. The Institute
of Transportation Engineers Trip Generation Manual shall be used to determine the
traffic volumes generated by the expected new developments. The projected traffic
volumes will then be assigned to the transportation system and added to the current
volumes.
Task II-C: Operational Characteristics
following the determination of the projected traffic volumes, the future opera-
tional characteristics of the various intersections and roadway segments shall be
determined. Procedures developed in the 1985 Highway Capacity Manual shall be used
for this analysis.
Task II-D: Define Future Traffic Conditions
Utilizing the analysis of the future operational characteristics, projected traffic
circulation patterns within the study area shall be identified. In addition,
future critical areas with unsatisfactory operating conditions or safety concerns
will be highlighted. This information will identify which intersection/roadway
segments within the study area will require future improvements.
Task II-E: Task Force Committee Meeting
The third Task Force Committee meeting will be held to review the forecasted
operating characteristics of the study area. The critical areas with poor
3o
I.D. 4994-0-51
operating conditions and safety concerns will be highlighted. Conceptual improve-
ments designed to enhance and improve safety operations will also be discussed.
Phase III Alternative Development
Task III-A: Existing/Short-Term Alternatives
Based upon the definition of existing traffic conditions and the identification of
the critical intersection and roadway segments, alternative improvement plans will
be developed to enhance operations and safety. These alternatives will focus on
immediate and short-term problems. The alternative plans could include the modi-
fication of signal timing plans, the addition of special turn lanes, driveway
modification and/or the extension of Roeller Avenue. The development of alterna-
tives will be closely coordinated with the City and the Department of Transporta-
tion.
Task III-B: Long-Range Alternatives
Based upon the definition of future traffic conditions, alternative concept plans
will be developed to provide for the scheduled growth of the study area and im-
proved operating conditions and safety. The alternative plans could include the
addition of signalized intersections, frontage road alignment, frontage road
location with respect to future widening of USH 41 to 6 lanes, access control
programs, street widening programs, new or additional street access, additional
turn lanes and/or the extension of Roeller Avenue. The development of alternatives
will be closely coordinated with the City and the Department of Transportation.
Task III-C: Evaluation
Each of the various improvement Alternatives will be evaluated with regard to their
ability to resolve the identified problems (both current and future) , improve
safety and operations and overall cost. In addition, potential funding sources for
each of the particular alternatives will be examined.
Task III-D: Task Force Committee Meeting
The fourth Task Force Committee meeting will be held to review the alternatives
along with their respective evaluation material. This meeting will allow the
committee members to review the alternatives and provide input to the evaluation
process.
Phase IV Recommendations
Based on the evaluation process and input received from the Task Force Committee,
the alternatives will be refined and an overall improvement program selected and
detailed. This program will include physical construction projects as well as an
access control policy that the City can adopt for future development. The recom-
mended improvement program will be scheduled and detailed as follows:
o immediate
o short-term
o long-range
In addition, the individual projects within the three categories shall be prior-
itized.
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I.D. 4994-0-51
Phase IV - Report
Task IV-A: Draft Report
A draft report will be developed which will summarize the purpose of the study and
its methodology; the results of the data collection effort; the definition of
existing and future traffic conditions; the development and evaluation of the
alternative plans; and the selected recommended plan. The specific elements of the
improvement program will be detailed sufficiently to indicate number and width of
lanes, channelization geometrics, roadway alignments, turn lane lengths, signal
timing plans and driveway widths. The report will also summarize the opinion of
probable project costs, schedules, funding sources and the implementation program.
Task IV-B: City of Oshkosh/Task Force Committee Meeting
A meeting with the appropriate representatives from the City of Oshkosh will be
held to review the draft report and any comments they may have. Following the
meeting with the City of Oshkosh, a meeting with the entire Task Force Committee
will be held. The purpose of this meeting will be to review the Draft Report and
any comments the committee members may have. A copy of the draft report will be
submitted to each member on the Task Force Committee.
Task IV-C: Final Report
The draft report will be finalized according to comments received from the City of
Oshkosh and Task Force Committee members. Twenty-five copies of this Final Report
will be submitted to the City of Oshkosh.
I.D. 4994-0-51 32.