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HomeMy WebLinkAbout91-315 f June 20, lggl # 91- 315 RESOLUTION (CARRIID LOST LAID OVER WI'I'HDRAWN ) PURPOSE: APPROVE AGR—F�M�T FOR E[�GINEERING SERVICES FOR WATERMAIN RIVER CROSSING INITIATID BY: DEPARTMIIQT OF PUBLIC WORKS BE IT RESOLVID by the Common Council of the City of Oshkosh that the attached Agreement f'or EY�ineering Services for the Fox River Water Main Crossir� for Oshkosh Ave. and Congress is hereby approved and the proper City officials are hereby authorized and directed to enter into same. BE IT FURTHER RESOLVID that money for this purpose is appropriated from Account No. Acct. No. 810-701 - Water Utility, Construction in Progress. S'.1BMITTED BY . - _ P �,D r . �, - 36 - , ` REs 91-315 ' � • � ENGINEGRS ARCHITECTS � SCIENTISTS June 7, 1991 City of Oshkosh ,f�-:, 215 Church Avenue . '..,,��"'"�h� . P.O. Box 1130 "n '� � �� ?,�� � Oshkosh, WI 54902-1130 � � � Attn: Mr. Gerald Konrad, P.E. ` �' - , `v', Director of Public Works �.-: ;'�r � `' City Engineer % `���Y.�'� {`,4,..�. �.t�� 'e-�� ; p�.'�,n ��� Re: Agreement for Engineering Services - Fox River Water Main Crossing City of Oshkosh, Wisconsin Dear Mr. Konrad: As you requested during our meeting of May 22, 1991, we are pleased to submit this agreement to provide services for the preparation of plans and specifications and for construction-related services for the water main crossing of the Fox River. The following paragraphs contain project description, scope of services, list of client's responsibilities, compensation, billing and payment provisions, and project schedule. All services will be provided pursuant to Donohue's Standard Tenns and Conditions, a copy of which is enclosed. If you wish to enter into an agreement as provided in this letter, please execute and return the duplicate copy enclosed. Hereinafter, the City of Oshkosh will be referred to as the Owner and Donohue & Associates, Inc. , will be referred to ae Donohue. PART 1 - PROJECT DESCRIPTION/SCOPE OF SERVICES A. Proiect Description The Project is described as follows: Conetruction of a 12-inch or 16-inch water main across the Fox River adjacent and parallel to the State Trunk Highway 21 (Oshkosh Avenue) Bridge. The water main crossing will consist of approximately 900 feet of 12 or 16-inch water main to be buried beneath the bottom of the Fox River. � - 36a - ■4738 hbrth 40di Street,Sl:ebr��gan., �sm��siri 53083 ■P.O. &zr/067, Shebo�gan, �sco�uin 53082-1067 ■414.458.8711 ■Frcr 414.458.0537 !'�inn��l n,r .. ,r� .� ,r'/:,;,,�,. ' , Res 91-315 1�• • ENGINEERS ARCHITECTS � � SCIENTISTS B. SCOA2 Services to be provided for the Project under this Agreement are as follows: River Sediment Ana�ysis 1. Collect samples of river sediment and conduct laboratory analysis on samples to provide the Department of Natural Resources (DNR) with preliminary data to allow the DNR to conduct an initial evaluation in accordance with NR347.05. A gravity corer will be used to sample two locations (one mid-channel, one near shore) parallel to the proposed river crossing. Based on previous boring logs supplied by the Owner, analyses will be performed separately on the organic and silt/clay layers. Analytes have been selected on the basis of profeseional judgement and knowledge of past sampling in the vicinity of the project site. Samples will be collected from the bridge paralleling the proposed crossing. The current list of analytes (see attached Table 1) do not represent the entire range of possible RCRA analytes; testing of volatile organic compounds, base neutral extractable compounds, and TCLP herbicides have been omitted for cost considerations. WDNR or the disposal site may require these or additional analyses after review of the initial submittal. Additional analyses are not included in our estimated compensation. 2. Prepare a letter report describing the results of the sediment analysis. 3. Submit the results of the analysis to the Department of Natural Resources (DNR) to determine disposal requirements. Design Services 4 . Conduct a field survey to edit the existing bridge and utility plans furnished by the owner. Field survey will include new river soundings across the river to determine top of river sediment and top of firm bottom. 5. Prepare construction plans and bidding documents for the water main river crossing. 6. Prepare an opinion of probable conetruction cost for the proposed construction. Gerald Konrad June 7, 1991 Page 2 - 36b - ' � Res 91-315 •.7N': f",�' �,+ �r� • ENGINF.ERS . ARCHITECTS SCIENTISTS 7. Submit the construction plans and bidding documente to the Owner for review and approval. 8. Assist the City in obtaining construction permits from the Wisconsin DNR and the United States Army Corps of Engineers. 9. Assist the Owner in obtaining water main construction approval from the DNR. 10. Attend two meetings with the Owner to inform the Owner of the status of the project. 11. Supply 30 copies of the bidding documents, assist the Owner in advertising for and receiving bids, analyze the bids received, and prepare a recommendation to the Owner for the award of contract. 12. Prepare an easement description for use by the Owner in preparing an easement acquisition document for the property just east of the Fox River. Construction Related Services 13. Provide one set of construction stakes for the water main construction. 14. Assist the Owner in assembling the contract documents for review and execution by the Owner and contractor, and furnish one executed copy to the Owner, Donohue, and contractor. 15. Furnish a project representative who will visit the site at intervals appropriate to .the stage of construction to become generally familiar with the progress and quality of work and to determine, in general, if the work is proceeding in accordance with the contract documents. During two such visits and on the basis of on-site observations, Donohue shall keep the Owner informed of the progress of the work, shall endeavor to guard the Owner against defects and deficiencies in the work of the contractor, and will disapprove or reject work not found in conformance with the contract documents. 16. Process monthly applications for payment as submitted by the contractor, and forward to the Owner with recommendations for approval and payment. Gerald Konrad June 7, 1991 Page 3 - 36c - ' Res 91-315 � • • ENGINEERS ARCHITECTS SCIENTISTS 17. Process contract change orders for Owner execution, field modifications for adjuatments not requiring extra time or money, and perform other general administrative contract tasks. 18. Review shop drawings and other data required to be furnished by the contractor for conformance to the design intent as given in the contract documents. 19. Where applicable, witness field testing of the facilities furnished under the contract to help assure conformance with the contract documents. 20. Perform a field investigation of the completed contract before recommending final payment as set forth in the application from the contractor. 21. Revise the original tracings upon the completion of the project in accordance with construction records eupplied by the contractor, and supply the Owner with one set of mylars of the revised plans. 22. Supply the Owner with a copy of communications issued by Donohue to the contractor. 23. Provide resident inspection for a total of 60 hours. Resident inspection shall consist of part-time observation of the work by a person under the guidance of Donohue to observe and record construction progress. PART II - OWNER'S RESPONSIBILITIES Owner shall do the following in a timely manner so as not to delay the services of the Engineer. A. Provide reproducible mylar or sepia of existing utility construction plans east and west of river. B. Provide existing water system reporte (if available) describing recommendations for future system eizing. C. Furnish existing water system pressure data and fire flow data (if necessary) . Gerald Konrad June 7, 1991 Page 4 - 3 6 d - �� ` REs 91-315 �,• • ENGINEERS ARCHITECTS SCIENTISTS PART III - COMPENSATION, BILLING, AND PAYMENT A. Compensation Compensation for the services set forth in Part I shall be as follows: Compensation for these services shall be on a per diem basis in accordance with Donohue's hourly fees in effect at the time the services are performed. Donohue will bill the Owner monthly for the actual services provided for the project by the staff inembers involved, plus other expenses incidental to the project such as meals, mileage, and other direct expenses. The estimated fee for these services is as follows: River Sediment Analysis (Items 1 thru 3) $ 8,200 Design Services (Items 4 thru 12) $13,800 Construction Related Services (Items 13 thru 23) S 7, 600 Total $29,600 Donohue .will notify the Owner if it is anticipated that the fee for services will exceed the estimated amount. B. Billinq and Pavment 1. Timing Donohue will bill the Owner monthly for services completed at the time of billing, with net payment due in 30 days. 2 . Delay/Adjustment If the performance of the design services is delayed beyond February 1, 1992, or if construction is not substantially completed by September 1, 1992, by actions or inactions of the Owner or approval agencies or other factors beyond the control of Donohue or if the scope of Gerald Konrad June 7, 1991 Page 5 - 36e - � ' REs 91-315 � � � ENGINEERS . ARCHITECTS � SCIENTISTS services is changed by the Owner, Donohue and the Owner agree to renegotiate the agreement. PART IV - AUTHORIZATION TO PROCEED/SCHEDULE The receipt of an executed copy of this letter shall be considered as authorization to proceed with the services described. Donohue can begin this project immediately after receiving authorization to proceed. We appreciate the opportunity to submit this agreement for engineering services. If you have. any questions, please contact Terry Johnson. Very truly yours, Accepted by, DO HUE & ASS CI , INC CITY OF OSHKOSH, WISCONSIN J es W. Retzlaf , P. . ic Preside � erry h son, P.E. Project ager � Date TRJ/ms enc: Standard Terms & Conditions Table 1 L/GH4 Gerald Konrad June 7, 1991 Page 6 - 36f - • ` Res 91-315 TABLE 1 List of Proposed Sediment Analyses Analytes Heptachlor Epoxide Alpha-BHC Beta-BHC Delta-BHC Aldrin Dieldrin 4,4' -DDE 4,4' -DDD Bndosulfan 2 Endosulfan II Endosulfan Sulfate 2,3,7,8-TCDD (Dioxin) PCBs as Aroclors pH Ignitability Reactivity TCLP Analytes Arsenic Barium Cadmium Chromium Lead Mercury Selenium Silver M,O, and P Cresols Pentachlorophenol 2,4,5-Trichlorophenol 2,4,6 Trichlorophenol Endrin Lindane Methoxychor Toxaphene Chlordane Heptachlor L/GI2 - 36g - - ` Res 91-315 � Part V Standard Terms and Conditions 1. STANDARD OF CARE Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the profession at the time and within the locality where the services are performed.Professional services are not subject to,and Donohue does not provide,any warranry or guarantee,express or implied,including warran6es or guaranties contained in any uniform commercial code.Any such warranties or guaranties contained in any purchase orders,requisi6ons or notices to proceed issued by Owner are speafically objected to. 2. CHANGE OF SCOPE The Scope of Services set forth in this Agreement is based on facts known at the time of execution of this Agreement,induding,if applicable,information supplied by Owner. For some projects involving conceptual or process development services,scope may not be fully definable during initial phases. As the project progresses,facts discovered, including discovery of unantiapated hazardous materials,may indicate that scope should be re-evaluated. Donohue will prompUy inform Owner in wri6ng of such situations,and if the facts discovered constitute a material change in Project assumpbons, the parties shall renegotiate this Agreement as neoessary. 3. OPINIONS OF CONSTRUCTION COST Any opinion of construction costs prepared by Donohue is supplied for the general guidance of the Owner only. Since Donohue has no control over Contractor's costs of labor or materials, or competitive bidding or market condi6ons, Donohue cannot guarantee the accuracy of such opinions as compared to contract bids or actual cosLs to Owner. 4. RELATIONSHIP WITH CONTRACTORS Donohue shall serve as Owner's professional representative for the services defined in this Agreement, and may make recommendations to Owner concerning actions relating to Owner's conVactors,but Donohue specifically disclaims any authority to direct or supervise the means,methods,techniques,sequences or procedures of construction selected by Owner's contractots. 5. SAFETY Donohue has estabfished and maintains corporate programs and procedures for the safety of its employees. Unless specifically set forth in this Agreement,Donohue specifically disclaims any authority or responsibiliry for general job site safety and sa(ety of persons other than Donohue employees. 6. CONSTRUCTION REVIEW For projects involving construction,Owner acknowledges that under generally accepted professional practice,interpretations of construction documents in the field are normally required,and that performance of construction-related services by the design professional permits errors or omissions to be identified and corrected at comparatively low cost. Owner agrees to hold Donohue harmless irom any daims resulting from performance of consWction-related services by persons other than Donohue. 7. DELAYS If evenLs beyond the control of Donohue,including,but not limited to,fires,floods,riots,strikes,unavailability of labor or materials, process shutdowns,acLs of God or the public enemy,or acts or regulations of any governmental agency,result in delays to the schedule established in this Agreement;such schedule and,if necessary,the compensation established in thisAgreementshall be amended to the extent necessary to compensate for such delay. 8. TERMINATION/SUSPENSION Either party may terminate this Agreement upon 7 days written notice to the other party. Owner shall pay Donohue for all services, including profit relating thereto,rendered prior to termination,plus any expenses of terminalion. In the event either party defaults in its obligations under this Agreement(including Owner's obligation to make the payments required hereunder), the non-defaulting party may,after 7 days written notice stating its intention to suspend performance under the Agreement if cure of such default is not commenced,and failure of the defaulting party to commence cure within such time limit, suspend performance under this Agreement. � , � �. - 36h - Novanber 1, 1990 x "� • ' Res 91-315 9. INSURANCE Donohue cuRently maintains the following insurance coverages/limits: Comprehensive General Liabiliry 1,000,000 occurrencro/2,000,000 aggregate Automobile Liability 1.000,OOOoocurrence/aggregate Worker's Compensation/Employers Liability Statutory Excess Liability 10,000,000 occurrence/aggregate Professional Liability 5,000,OOOoccurrence/aggregate Certiticates evidencing such coverage will be provided to the client upon request. While Donohue intends to maintain coverago at no less than the above-described limits,Donohue does not guarantee that coverage/limits will not change. If the Owner requires limits in addition to those in effect as of the date of this Agreement,premiums tor addibonal insurance shall be paid by the Owner. 10. LIMITATION OF LIABILITY � No employee or agentof Donohue shai�have any individual professional liabiliry to Owner. Owner hereby agrees that,to the fullest extent permitted by law,the total liability of Donohue to Owner and to third parties for any and all injuries,daims,losses,expenses or damages whatsoever from any cause or causes(induding,but not limited to,Donohue's negligent acts,errors,or omissions, strict liability,and breach of contract)arising out of or in any way relating to the services rendered under this Agreement shall not exceed the total amount of coverage available under the applicable insurance coverage maintained by Donohue at the time ot such claim,including within such limit only the balance available under the aggregate limit,and that such insurance coverage shall be Owner's sole and exclusive remedy for the daims referred to above. 11. LIABILITY FOR TOXIC/HAZARDOUS MATERIALS Owner agrees that the overall liability for the actual, alleged, or threatened discharge, dispersal, release, or escape of toxic, hazardous or asbestos material and the responsibility for ownership and maintenance of such materials relating to the project, remain with Owner. Owner acknowledges that Donohue's Professional Liabiliry insurance policy severely limits coverage for claims relating to such materials. There(ore,Owner agrees(a)not to bring a claim against Donohue,and(b)to the extent permitted by applicable law,indemnify and hold Donohue harmless forclaims against Donohue by third parties,relating to the liabiliry referred to above. 12. ACCESS Owner shail provide Donohue safe access to any premises necessary for ponohue to provide the services required under this Agreement. 13. REUSE OF DOCUMENTS Reuse of any documents pertaining to this project by the Owner on oxtonsions o(this project or on any other project shall be at the Owner's risk. The Owner agrees to de(end, indemnify,and hold harmiess Donohue►rom all claims,damages, and expenses, including attorney's fees,arising out of such reuse of the documents by the Owner or by others acting through the O,vner. 14. AMENDMENT This Agreement,upon execution by both parties hereto,can be amended only by a written instrument signed by both parties. 15. ASSIGNMENT ° Exceptforassig�ments(a)to entities which control,or are controlled by,the parties hereto or(b)resulting from operation of law,the rights and obligations of this Agreement cannot be assigned by either party without written permission of the other party. This Agreement shail be binding upon and inure to the benefit of any permitted assigns. 16. ENTIRE AGREEMENT This Agreementconstitutes the entire agreement betweer.th�parties with respect to the matters covered herein and supc3rsedes all prior discussions,understandings or agreements behveen the parties with respect to such matters. 17. NO WAIVER No waiver by either party of any default by the other party in the performance oi any particular section of this Agreement shali invalidate any other section of this Agreement or operate as a waiver of any future default,whether like or diNerent in character. 18. NO THIRD—PARTY BENEFICIARY Nothing contained in this Agreement,nor the periormance of the parties hereunder,is intended to benefit,nor shall inure to the benefit of,any third party, including Owner's contractors,it any. 19. SEVERABILITY The various terms,provisions and covenants herein contained shall be deemed to be separate and severable,and the invalidiry or unenforceability of any of them shall not affect or impair the validiry or enforceabiliry o(the remainder. 20. AUTHORITY The persons signing this Agreement warrant that they have the authority to sign as,or on behalf of,the party for whom thQy are signing. 21. NOTICES Any notice required hereunder shali be sent to the business address designated on the signature page of this Agreement and shall be deemed served if sent by registered or certified mail or hand—delivered to an o�cer or authorized representative of the party to whom the notice is directed. - 36i - � � v � � � � o � � -� m :�? —� � -s -�7 vs � r-c tD G -S - �--' O �-'• O R1 Z N n < � � •• O N CD tD .. ,. �n _, �a � -� �cn w za � �o � -� � -� � � �+ �p cn rT' nl O -i CG fD � N '� � � --I � CD � � �V �-'•("t° �� � '7'1 iL7 O �• � � � m , � � c-� �-. -�5 � o � N fD N 'S �. �. � � tc� tL� _. �