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HomeMy WebLinkAbout35071 / 88-307 October 6, 1988 #307 RESOL�7ION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ENGINEERING AGREEMENT/KOELLER ROAO INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Counci] of the City of Oshkosh that the attached agreement with Mead & Hunt, Inc. to provide the City of Oshkosh professional engineering services for the design of Koeller Street is hereby approved and the proper City officials are hereby authorized and directed to enter into said agreement. Money for this purpose is hereby appropriated from Account No. 338-999 - Street Improvement Fund Expenditures. 5GL�idIPT�,T) AY - �%' _` �tPQ ' �i� �r , ,:;, _ z4 _ Res. #307 MEAD � HUNT Consulting Engineers September 27, 1988 PD Mr. Gerald Konrad, P.E. Uir�ector of Public Works City of Oshkosh 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54902-1130 Re: Oroposal to Design Koeller Street Pro,ject I .D. 6473-1-00 Oakwood Rd. - ST�i 44 ClH "K" Winnebago County Dear Jerry: This a9reement is for Mead & Hunt, Inc. to provide the City of Oshkosh professional engineering services for the design of Koeller St. on new alignment from the railroad tracks, south to the intersection with CTH °K" (West 20th Avenue) . In general , the services will consist of preparing roadway plans, inciuding storm sewer, for approximately 2000 l.F. af Koeller street, to be included in the existing WisDOT project referenced above. Al1 survey work will be completed by others and provided to Mead & Hunt. A right-of-way plat is not a part of this contract. A project location map is attached for reference. SCOPE Uf SERVICES Mead & Hunt, Inc. will provide the services as detailed below: Task 1: Administration and Coordination Mead & Hunt will coordinate this project with WisDOT District 3 and Winne6ago County in conjunction with the existing State project referenced above. Task 2: Reports This project will be added to the Design Study Report, and Pavement Design Report. No additional soil investigation work will be completed as part of this project. The approved pavement design for CTH "K" will be used for Koeller Street. MF,AD 6i HONT, ���. 650L Watts Road, Sui[e 101 Madison, Wiscunsin 53719-1361 Tcicphonr (60R) 271C380 _ 2qg _ Telcro�iic� (GOH) 273-6191 Imu�d d �� I9o0 Res. #307 Task 3: Utility Coordination Utilities will be contacted for locatians of existing facilities to determine potential conflicts and relocations. Coordination with the railroad will be included in this project. Task 4: Preliminary Roadway Design Mead & Hunt will prepar�e preliminary roadway plans including 20-scale plan and profile sheets, storm sewer and utility sheets, cross-sections, and an alignment and construction ties sheet. The roadway design will be completed for approximately 2000 L.F. of Koeller Street from the railroad tracks south to CTH "K" as illustrated on the project location map. The preliminary roadway design will include the obliteratian of existing Koeller Street. The roadway typical section will be 48 feet face-to-face of curb from CTH "K" to the railroad tracks, and then will taper to match the existing Koeller Street alignment and section. For Koeller Street south of the CTH "K" intersectian, no design is included. An opening will be provided for future connection hy the City of Oshkosh. The preliminary plans will be su6mitted to the City of Oshkosh and WisDOT District 3 for review and coimnent. These sheets will be added to the existing State project for CTN "K" . Task 5: Final Roadway �esign R11 appropriate corrections will 6e made to the preliminary plans and final design concepts will be incorporated into the plans. No public meeting is scheduled to be held in conjunction with the additian of Koeller Street to the project. 7ask 6: Meeting and Conferences Two meetings are provided by this agreement. It is anticipated ane meeting will be held to review the preliminary plans, the other meeting is unscheduled. RESPONSIBILITIES OF THE CITY OF OSHKOSH The City of Oshkosh will provide Mead & Hunt, Inc. all available information concerning the new alignment of Koeller Street. The City will complete all necessary field survey work including topography, cross-sections every 50 feet, layout of the construction centerline, establishing benchmarks, locating utilities, and obtaining construction ties for critical alignment points. Field survey instructions will be coordinated with Mead & Hunt. The City will provide the above information within three weeks of execution of this Contract. HJT09078.02 - 24b - Res. #307 The City of Oshkosh will be responsible for all contacts with the property owner and will prepare the right-of-way plat. The City will assist Mead & Hunt with the coordination of relocating the existing railroad crossing on Koeller Street. SCHEDULE Mead & Hunt will complete the work on this project in conjunction with the State project (projed I.D. 6473-1-00) for CTH "K". COMPENSATIOP! � Mead & Hunt will complete the scope of services on a time and expense basis, with a cost not to exceed $18,000. Mead & Hunt will bill the City of Oshkosh in accordance with the standard billing rate schedule, which is attached and is made part of this agreement. AUTfiORIZATION TYie Scope of Services and Compensation stated in this proposal are valid for a period of 30 days from date of submission. If authorization is not received during this period, the agreement may 6e reviewed and modified by Mead & Hunt, Inc. The proposal may be used as an agreement. The receipt of a signed copy of this document shall be considered authorization to proceed with the described services. All services will be performed in accordance with the General 7erms and Conditions of Mead & Hunt, Inc. which is attached and which is part of the agreement. We appreciate this opportunity to submit this engineering proposal . CITY OF OSHKOSH MEND & HUNT, INC. -� � !,��rl By: By: I�G'-��cY �l � < The above person is authorized Rajan/I . Sheth to sign for The City of Oshkosh (/ Title: Title: Vice President Date: Date: i������1� / � Attest: Attest: OlJ NJT09078.02 - 24c - RE STRNDARD BILLING RATE SCHED�LE EFFECTIVE JUNE 1, 1988 Staff Standard Rates are as follows: Clerical . . . . . . . . . . . . . . . f23/hr. Drafter I, Engineering Tech I, Surveyor Aide . . . . . f27/hr. �rafter II, Surveyor-Instrumentman, Engineering Tech II, Architectural Tech . . . . . . . . . . . . E37.50/hr. Senior Draftsman, Registered Land Surveyor, Engineering � Tech III . . . . . . . . . . . . . . . . . . . . b43/hr. Senior Engineering Technician . . . . . . . . . . . . . . . . . 546/hr. Engineer I . . . . . . . . . . . . . . . . . . . $44.50/hr. Engineer II , Planner, Architect . . . . . . . . . . . . . . . . $52/hr. Project/Senior Engineer/Associate . . . . . . . . . . . . . . . $61/hr. Principal , Senior Associate . . . . . . . . . . . . . . . . . . $72/hr. Expenses are billed as follows: Computer aided drafting system at $33/hour Computer analysis use time at $22/hour Electronic distance measuring equipment at �35/day (minimum charge) Out-of-pocket direct job expenses at cost plus 15%; such as reproductions, long distance telephone, sub-consultants/contractors, etc. Travel expense as follows: Company or personal car mileage at 28Q/mile Air and surface transportation at cost Lodging and subsistence at cost Billinq and Payment If work is required out-of-office, travel time is tharged. We will hill a minimum of two hours for any work out-of-office. We invoice on a monthly basis for work performed and payment far our ser- vices is due within 30 days. An interest charge of 1;% per month is made on the unpaid balance starting 30 days after date of invoice. This sthedule of billing rates is effective June 1, 1988, and will remain in effect until December 31, 1988 unless unforeseen increases in operation- al costs are encountered. We reserve the right to change rates to reflect such increases. Rev. 6/1/88 JAV06138.03 - 24d - Res. q307 Mead & Hunt, Inc. GENERAL TERMS_AN� CONDITIONS OF TNE ENGINEERING SERVICES 1. Mead & Hunt, Inc. , will begin engineering services upon written authorization to proceed. Receipt of a signed contract will be considered written authorization. For projects requiring phased services a written authorization of approval of the prior phase and notice to proceed on the subsequent phase must be received prior to commencement of services. Phases, when applicable, shall be divided into study and report phase, preliminary design phase, final design phase and construction phase. 2. Mead & Hunt, Inc. , will bill the Owner monthly with net payment due in thirty (30) days. Past due balances shall be subject to an interest charge at a rate of 1-1/2% per month. In addition, Mead & Hunt, Inc. , may, after giving seven (7) days' written notice, suspend service under any agreement until the Owner has paid in full all amounts due for services rendered and expenses incurred, including the interest charge on past due invoices. 3. The quoted fees and scope of engineering services constitute the best estimate of the fees and tasks required to perform the services as defined. TM s agreement, upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those p�ojects involving conwptual or process development service, activities often cannot be fully defined during initial planning. As the project progresses, facts uncovered may reveal a change in direction which may alter the scope. Mead & Hunt, Inc. , will promptly inform the Owner in writing of such situations so that changes in this agreement can be made as required. 4. Costs and schedule commitments shall be subject to change for delays caused by the Owner' s failure to provide specified facilities or information or for delays caused by unpredicta6le occurrences including, without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults by suppliers of materials or services, process shutdowns, acts of God or the public enemy, or acts or regulations of any governmental agency. Temporary delays of services caused by any of the above which result in additional costs beyond those outlined may require renegotiation of tMs agreement. 5. Mead & Nunt, Inc. , will maintain insurance coverage for� Worker' s Compensation, General Liability, Automobile Liability, Aviation Liability, and Professional Liability. Mead & Hunt, Inc. , will provide information as to specific limits upon written request. If the Owner requires coverages or limits in addition to those in effect as of the date of the agreement, premiums for additional insurance shall be paid by the Owner. The liability of Mead & Hunt, Inc. to the OWNER for any indemnity commitments, or for any damages arising in any way out of performance of this contract is limited to such insurance coverages and amounts which Mead & Hunt, Inc. has in effect. JAV07158.05 7/25/88 Page 1 of 3 - 24e - � . Res. N307 6. Mead $ Hunt, Inc. , and the Owner agree that the overall liability for the actual , alleged, or threatened discharge, dispersal , release, or escape of pollutants, smoke, vapors, soot, fumes, acids, alkalis, tozic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, buildings, the atmosphere, or body of water shall remain with Owner; and the responsibility for the ownership and maintenance of any toxic, hazardous, or asbestos materials relating to the project, shall remain with the Owner. Mead & Hunt, Inc. , and the Owner acknowledge that Mead & Hunt, Inc. ' s, professional liability and general liability policies do not apply to claims arising out of the aforegoing. Therefore, the Owner agrees not to bring a claim against Mead & Hunt, Inc. , relating to the uninsured liability referenced above. Furthermore, the Owner agrees to indemnify and hold harmless Mead & Hunt, Inc. , for all claims against Mead & Hunt, Inc. , arising out of or related in any way to the above stated liability and/or responsibility of the Owner whether or not such claims arise out of and/or have been caused in whole or in part by negligence on the part of Mead & Hunt, Inc. , and in the event Mead & Hunt, Inc. , shall be made a party to any suit or litigation on account of an injury or damage to person, life or property aM sing out of or related in any way to the above stated liability and/or responsibility of the Owner, the Owner shall defend such action on behalf of Mead & Hunt, Inc. , including claims and causes of action at common law, arising under any statute, or arising out of any governmental demand or request, and if judgment shall be obtained or claim allowed in any proceedings against Mead & Hunt, Inc. , the Owner shall pay and satisfy such judgment or claim in full . 7. The Owner agrees to clarify and define project requirements and to provide such legal , accounting and insurance counseling services as may be required for the project. 8. TerminaN on of this agreement by the Owner or Mead & Hunt, Inc. , shall be effective upon seven (7) days' written notice to the other party. The written notice shall include the reasons and details for termination. Mead & Hunt, Inc. , will prepare a final invoice showing all charges incurred through the date of termination; payment is due as stated in paragraph 2. If the Owner violates the agreements entered into between Mead & Hunt, Inc. , and the Owner or if the Owner fails to carry out any of the duties contained in these terms and conditions, Mead & Hunt, Inc. , may, upon seven (7) days' wN tten noNce, suspend serviws without further obligation or liability to the Owner unless, within such seven (7) day period, the Owner remedies such violation to the reasonable satisfaction of Mead & Hunt, Inc. 9. Reuse of any documents and/or engineering services pertaining to this project by the Owner or extensions of this project or on any other project shall be at the Owner' s sole risk. The Owner agrees to defend, indemnity, and hold harmless Mead & Hunt, Inc. , from all claims, damages, and expenses including attorneys' fees and costs arising out of such reuse of the documents and/or engineering services by the Owner or by others acting through the Owner. JAV07158.05 7/25/88 Page 2 of 3 - 24f - Res. #307 10. Mead & Hunt, Inc. , will provide engineering services in accordance with generally accepted professional practices. Mead & Hunt, Inc. , does not make any warranty or guarantee, expressed or implied, nor have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarly, Mead & Hunt, Inc. , will not accept those terms and conditions offered by the Owner in its purchase order, requisition, or notice of authorization to proceed, except as set forth herein or expressly agreed to in wriNng. Written acknowledgement of receipt, or the actual performance of services subsequent to receipt of such purchase order, requisition, or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 11. Mead & Hunt, Inc. , intends to serve as the Owner' s professional representative for those services as defined in this agreement, and to provide advice and consultation to the Owner as a professional . Any opinions of probable project costs, reviews and observations, and other decisions made by Mead & Hunt, Inc. , for the Owner are rendered on the basis of experience and qualifications and represents the professional judgment of Mead & Hunt, Inc. However, Mead & Hunt, Inc. , cannot and does not guarantee that proposals, bids or actual project ar construction costs will not vary from the opinion of probable cost prepared by it. Owner agrees to hold Mead & Hunt, Inc. , harmless for any claim arising out of or related in any way to project or construction costs even if such claims arise out of and/or have been caused in whole or in part by negligence on the part of Mead & Hunt, Inc. 12. This agreement shall not be construed as giving Mead & Hunt, Inc. , the responsibility or authority to direct or supervise construction means, methods, techniques, sequence, or procedures of construction selected by the contractors or subcontractors or the safety precautions and programs incident to the work of the contractors or subcontractors. 13. This agreement shall be construed and interpreted in accordance with the laws of the state of Wisconsin. 14- This aareement cannot be changed cr terminated orally. No waiver of compliance with any provision or condition hereof should be effective unless agreed in writing duly executed by the partners hereto. 15. This agreement contains the entire understanding between the parties on the subject matter hereof and no representations, inducements, promises or agreements not embodied herein (unless agreed in writing duly executed) shall be of any force or effect, and this agreement supersedes any other prior understanding entered into between the parties on the subject matter hereof. JAV07158.05 7/25/88 Page 3 of 3 _ Zq9 _ � 3 0 � n � a o � o o m A ti r* ID a JJ r-. O �' Z • + O Q � O m z m ro < x a .. � z m w 0 Ol A T V ➢ • O 3 zao w � o � o n .-- mmv io � v� v� -� m m m m �� � _.� � � a � z m � � a `° r�' ` � � r