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Home My WebLink AboutFoth Infrasturcture & Environment LLC/Addendum 3 2014 Letter of Transmittal * Foth To: David Patek, Director of Public Works Foth Infrastructure& Environment, LLC City of Oshkosh 2121 Innovation Court, Suite 300 215 Church Avenue P.O. Box 5126 P.O. Box 1130 De Pere,WI 54115-5126 Oshkosh,WI 54903-1130 (920)497-2500 • Fax: (920) 497-8516 Date: January 24, 2014 Project: 090004 File Classification: 1000 Phase/Task: We are sending you: RE: Addendum No. 3 ®Attached ❑ Under separate cover via the following items: ❑ Shop drawings Prints ❑ Plans n Samples n Specifications n Copy of letter n Change order COPIES DATE NO. DESCRIPTION 2 Addendum No.3 These are transmitted as checked below: n For your information n No exceptions taken n Resubmit 1 copies ❑ For your use ❑ Make corrections noted Submit copies for distribution U As requested ❑ Rejected (see remarks) _ Return corrected copies ❑ For bids due 20 ❑ For review and comment Prints returned after loan to us 15<1 Other Your signature Remarks: Dave, Attached are two(2)copies of Addendum No.3. Please sign both copies,retum one(1)to our office,'and retain one(1)for your files. If you have any questions,please contact me. Thanks, — 2j1- 20/ 4 Paul Pi--9 C.-9,5 )' 6As . Cc ct C_OtAk_ (c,A4-1, /4-41t copy) s� � CGA43, - )r--- 1/ 2 Copy to: Signed: Office Location: Green Bay Print name: Paul Van Calster If enclosures are not as noted, kindly notify us at once. X:\GB\IE\Client Data\Oshkosh(City of)\Contracts\Amendment 3\LOT-Patek Addendum 3.docx Foth Project ID 090004 Foth Release Date January 21, 2014 Addendum No. 3 Page 1 of 6 STANDARD FORM OF ADDENDUM No. 3 (Agreement for Professional Services) This Agreement shall be an addition to, and subject to the conditions contained in Addendum No. 1 dated March 9, 2009 between Foth Infrastructure& Environment, LLC (ENGINEER), and City of Oshkosh (OWNER). WHEREAS the OWNER wishes to engage the ENGINEER to provide various services as described below, in accordance with ENGINEER procedures, standards, and normal billing practices, and WHEREAS the project to which such services apply is referred to as the PROJECT and described generally as follows: Increase in scope and finalizing the plans for the Southwest Industrial Park Expansion- Design Phase III and IV for bidding in the 2014 construction season and WHEREAS the ENGINEER has agreed to perform such work. NOW, THEREFORE, and in consideration of the above, the ENGINEER and the OWNER do hereby agree and covenant as follows: SECTION 1 - SERVICES The PROJECT specifically includes the design associated with the Southwest Industrial Park Expansion—Design Phase III and IV: This phase of the Southwest Industrial Park PROJECT work began on March 9, 2009 with Addendum No. 1. Addendum No. 2 in April 2012 was due to an increase is scope and was an adjustment due to the duration of design due to slow down in the economy. Pre-final plans were submitted in September 2013. Addendum No. 3 is for additional time spent in September 2013 for that plan submittal and to now finalize the plans for construction in 2014. The items listed below are a summary of the items that have led to an increase in the scope of work: • Additional effort to come back up to speed on the project after Addendum No. 2 was approved in April of 2012. The project was on hold until July of 2013 when a project comment review meeting was held and the September 2013 deadline was established. • Meetings—Two additional meetings with city staff for PROJECT reviews. • Detention Basin Design—Remodel of the three detention basins designs utilizing the city's preferred outlet structures. Revise the detention basin modeling report. Additional review and design iteration time for the outlet structures. Additional updates if required based on the city's final plan review. X:\GB\IE\Client Data\Oshkosh(City of)\Contracts\Amendment 3\C-Addendum No 3-SW Indust Park Expan-Dsg Phase-1-21-14.docFOxmt RSK014-A(12/06) Foth Project ID 090004 Foth Release Date January 21, 2014 Addendum No. 3 Page 2 of 6 • Finalizing the specials and cost estimate based on the final design plans. • Time to address questions that may arise during construction. 1.1 DESIGN The ENGINEER agrees to provide the following services for the PROJECT. ENGINEER shall,under this paragraph, finalize computations, designs, drawings, special conditions, and other documents for the ultimate purpose of the receiving of bids and/or construction of the PROJECT. Finalize PROJECT plans including utility, stormwater management, and road plans for the PROJECT. PROJECT plans generally consist of the following: • Title Sheet • Standard Abbreviation Sheet • Special Details including utility, stormwater management, and roadway elements. • Standard Detail Sheets as required to supplement City of Oshkosh Standard Details. • Plan and Profile Sheets • Grading Sheets • Detention Basin Sheets 1.2 ELECTRONIC MEDIA ENGINEER will supply CAD electronic media according to the specifications below. Drawings are needed in MicroStation 8 version as specified in Addendum No. 1. 1.3 ADDITIONAL ENGINEERING SERVICES The ENGINEER shall under this paragraph provide optional additional professional services which are often a part of the PROJECT,but which have not been included under previous paragraphs. These services shall be provided AT ADDITIONAL COST under the method indicated in Section II. X:\GB\IE\Client Data\Oshkosh(City ot)\Contracts\Amendment 3\C-Addendum No 3-SW Indust Park Expan-Dsg Phase-1-21-14.docroxmt RSx014-A(12/06) Foth Project ID 090004 Foth Release Date January 21, 2014 Addendum No. 3 Page 3 of 6 Examples of these services include,but are not limited to the following: • Prepare the plat for the project • Railroad spur layout and coordination effort: • The OWNER is coordinating with the adjacent business owner on the southwest corner of the PROJECT and with the railroad. Throughout that process, it is anticipated that different alignments, exhibits, and coordination by the ENGINEER may be requested. Providing services which are not in accordance with FOTH procedures, standards or normal billing practices, assistance to attorneys and appearances before courts or boards on matters of litigation or arbitration,redesign ordered by the OWNER after the original design concept has been reviewed and accepted by the OWNER, final computation of total eligible PROJECT cost including engineering, construction, administration, etc., for purposes of audit on projects involving grants, etc. The ENGINEER agrees to provide the following Additional Engineering Services for the PROJECT: • None requested at this time. However, services of the type listed above will be provided under this paragraph AT ADDITIONAL COST if authorized in writing by the OWNER. SECTION 2 - COMPENSATION AN INITIAL PAYMENT OF Zero Dollars ($ 0 ) shall be made upon execution of this Agreement and credited to the OWNER's account at final payment. 2.1 HOURLY RATE AND EXPENSES Whereas the OWNER has elected to compensate the ENGINEER for services under paragraph 1.1 and 1.2 on an Hourly Rate and Expenses Basis, such compensation shall include payment for labor, direct expenses, and other compensation as follows: Hourly Rate Schedule: The hourly rates to be used for this item shall be determined by the hourly rate schedule incorporated into this agreement as shown below. The ENGINEER reserves the right to adjust the overhead rate, which is used in determining the above hourly rates, on a yearly basis. X:\GB\IE\Client Data\Oshkosh(City of)\Contracts\Amendment 3\C-Addendum No 3-SW Indust Park Expan-Dsg Phase-1-21-14.docFoRM RSK014-A(12/06) • Foth Project ID 090004 Foth Release Date January 21, 2014 Addendum No. 3 Page 4 of 6 Classification Hourly Rate Project Director $160.00 Project Manager $138.00 Lead Engineer $130.00 Project Engineer $115.00 Staff Engineer $103.00 Engineering Technician $80.00 Architect $105.00 Field Technician $97.00 Registered/Professional Land Surveyor $113.00 Intern/Coop $66.00 Administrative $75.00 Clerical $68.00 Direct Expenses: Reimbursement of direct expenses incurred in connection with the PROJECT, including but not limited to the following: • Reimbursable expenses (e.g. long distance telephone, subsistence and lodging, commercial transportation,postage and shipping, expense of purchased services, lease of specialized equipment, etc.). • Mileage at Foth Resource Charge Rates (such rate to be adjusted from time to time). • Mileage for survey vehicles at Foth Resource Charge Rates (such rate to be adjusted from time to time). • Fees paid for securing approval of authorities having jurisdiction over the PROJECT. • Printing and reproduction. • Actual reproduction costs and mailing costs for Bidding Documents less the non- refundable purchase amount received for the Bid Documents. • Equipment costs (e.g. computers, automated survey instruments, CADD equipment, etc.). • The OWNER will reimburse the ENGINEER for taxes or levies (excluding Federal, State and Local income taxes) which may be assessed against the ENGINEER by the Federal Government or any State or political subdivision directly on services performed or on payments for services performed,by the ENGINEER and which taxes or levies the ENGINEER may be required to collect or pay. X:\GB\IE\Client Data\Oshkosh(City of)\Contracts\Amendment 3\C-Addendum No 3-SW Indust Park Expan-Dsg Phase-1-21-14.docFoRM RSK014-A(12/06) Foth Project ID 090004 Foth Release Date January 21, 2014 Addendum No. 3 Page 5 of 6 Other Compensation: It is understood that when requested by the OWNER, the ENGINEER shall procure the services of independent inspection bureaus, laboratories, soil exploration firms, etc. However, this is for the convenience of the OWNER and the ENGINEER shall provide coordination only of these services at the labor rates determined above. The ENGINEER shall pass the costs of the independent services directly to the OWNER for payment with a surcharge of 15%to cover the processing expenses of the ENGINEER. Cost: Section 1.1 and 1.2: $44,501 (Not to Exceed) Section 1.3: To be determined if requested. Payments are due and payable thirty(30) days from the date of the ENGINEER's invoice. Amounts unpaid thirty(30) days after the invoice date shall bear interest at the rate of one percent (1%) per month from invoice date. SECTION 3 -TIMETABLE The ENGINEER will complete the design scope of work and permit submittals within ninety (90) days from receipt of the executed addendum, unless delays occur due to unforeseen circumstances beyond the control of the ENGINEER. SECTION 4 - SPECIAL CONDITIONS The OWNER is responsible for the following information and activities: • Provide a single contact source for review, comment, and decision making on all issues related to the PROJECT. • Provide city standard specifications. • Provide permitting fees. • Attend meetings with the railroad. • Complete PROJECT bidding. • Provide construction administration. • Provide RLS legal description filing fees. X:\GB\IE\Client Data\Oshkosh(City ot)\Contracts\Amendment 3\C-Addendum No 3-SW Indust Park Expan-Dsg Phase-1-21-14.docFoRM RSK014-A(12/06) Foth Project ID 090004 Foth Release Date January 21, 2014 Addendum No. 3 Page 6 of 6 All other provisions of that Agreement referred to above shall remain in force unless otherwise modified or deleted above. IN WITNESS WHEREOF the parties hereto set their hands and seals dated this 2`r day of - 74-NLA.A-Kj , - For ENGINEER: For OWNER: Foth Infrastructure& Environment, LLC City of Oshkosh B � Y• Y• Name (Please print : {'f1Lt l V4/A-' a-Trt2e Name Please print): Title: 5 , �CoJ-6-c Mg A6 Title: By: _ _ I `4.� C• By: Name (Please print): fie(I 1`t trite Name (Please print): Title: Title: X:\GB\IE\Client Data\Oshkosh(City of)\Contracts\Amendment 3\C-Addendum No 3-SW Indust Park Expan-Dsg Phase-1-21-14.docFolM RSK014-A(12/06) Signed for and in behalf of the City of Oshkosh Mark A. Rohloff, City Manager y"lerk glii111. Aral Lynn Lorenson, C71 ttorney (/ latiftdt - A - _ '•• Director of Finance I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. 6A