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Home My WebLink About32169 / 82-05. V I S E D November 18, 1982 �f 5 RESOLUTION PURPOSE: WAIVE BIDS AND ENTER INTO AGREEMENT FOR WATER METER TESTING INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to waive bids and enter into an agreement with Donohue & Associates, Inc., 600 Larry Court, Waukesha, idiscansin, to test consumer water meters and prepare and submit a final report showing the results, all at a cost not to exceed $8700.00. Bi IT FURTHER RESOLVED that monies for this purpose shall be appropriated from Accoun[ No. 867-600, Water Utility,Maintenance of Meters. SUBMITTED BY APPRO'd�,D -5- �- � �� October S, 1982 Mr. Jack Schneider Director of Public Works Oshkosh City Hall 215 Church Avenue Oshkosh, WI 54902 Re: Proposal for Engineering Services Consumer Meter Tests Dear Mr. Schneider: In response to your request, we have prepared this proposed agreement to complete consumer meter tests for the City of Oshkosh. It is our under- standing that the engineering services to be provided under this proposed agreement constitute what may be the first phase of a comprehensive program to minimize water system losses. The scope of services for this phase would include the following: 1. Test for accuracy or registration, in place, forty-five (45) 4-inch and seven (7) 6-inch diameter consumer water meters. 2. Prepare and submit a final report showing the results of all tests. All services will be performed in accordance wfth Donohue's General Terms and Conditions, dated November 1, 1981, which are incorporated into this proposed agreement by reference, and are attached. The scope of services and estimated fees are based on the understanding that the City of Oshkosh will provide the following: 1. 1-inch diameter corporation stops installed at points designated by Donohue. In locations where excavation is required, tne City sha21 excavate to the main, maintain the excavation for safe access to the corporation stop, and return the excavated area to its original condition. 2. Access to system records such as meter information. 3. Competent personn�l to assist in field acticities and operation of water system components. 4. Traffic safety equipment for the protectioax of equipment and personnel and safe traffic operation. � Donohue & Associates, Inc. i 600 Larry Court � Waukesha, Wisconsin 53186 � Engineers & Architeets 414 784 9200 +r ... � �: ,, � _ �s The City of Oshkosh agrees to hold harmless and indemnify Donohue against any liability, loss or expense arising out of the four (4) items above for which the City is responsible. Compensation for these services shall be on a per diem basis in accordance with Donohue's standard hourly fees in effect at the time the services are performed. Donohue will bill the City of Oshkosh for the actual services provided for the project by the staff inembers involved plus other direct expenses. A copy of the current fe� schedule is available on request. The monthly billing will summarize the charges incurred. The City agrees to pay Donohue within 30 days of the billing,date. The fee for ihe services outlined above is estimated to be $8,700. The estimated completion time for the consumer water meter tests is approx- imately six (6) weeks following receipt of authorization to proceed. Actual completion time will depend on weather conditions encountered during field activities. The final report will be completed 30 days after completion of the field work. The issuance of a purchase order referencing the scope of services presented in this letter or the receipt of a signed copy of this letter will be considered as authorization to proceed with the engineering services. We are pleased to have the opportunity to submit this proposed agreement for engineering services to the City of Oshkosh. Very truly yours, Accepted by: DONOHUE & ASSOCIATES, INC G'�-�G�L��2`�!��L:��%� William D. McElwee, P.E. Vice President ��r� Claus Dunkelberg, P.E. Project Manager cc: Chuck Theobald Mr. Jack Schneider October 5, 1982 Page 2 CITY OF OSHKOSH, WISCONSIN Mayor City Clerk Countersigned by: Comptroller (Or Other Designate3 OYficial) `�_ :� �r � _ �� GENERAL TERMS AND CONDITIOSS Effective November 1, 1981 1. Donohue will bill the owner monthly with net payment due in thircy (30) days. Pasc due balances shall be subject [o a service charge at a rate oP 1.0% per month. In addi[ion, Donohue map, after gicing seven <7) days written notice, suspend service under any agreement uncil the owner has paid in full all amoun[s due for services rendered and expenses incurred, including a service charge on past due invoices. 2. The stated tees and scope ot services conscitute our best estimate of che fees and tasks required to perfoim the services as defined. This agreement, upon execution by both par[ies here[o, can be amended only by written instrument signed by both parties. Fos those projects involving conceptual or process development services, activities otten cannot be fully dePined during initial planning. As the project progresses, Yacts uncovered may reveal a change in direction, which may alter the scope. Donohue will promptly in4orm the owner in wricing of such si[uations so that changes in this agreement can be negotiated as requised. 3. Costs and schedule commitments shall be subject [o renegotiation [or delays caused by the owner's Pailure Co pro- vide specified facilities or information, or for delays�caused 6y unpredictable occurrences, including wi[hout limi[ation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults by suppliers of ma[erials or services, process shutdowns, acts of God or the public enemy, or acts or regula[ions of any govern- mental agency. Temporary delay of services caused by any oF the above which results in additional costs beyond those outlined may require renego[iation oP this agreement. 4. Donohue will maintaia insurance coverage in the .°ollowing amounts: Worker's Compensation Stam[ory � General Liability . Bodily Ynjury � $1,000,000 Property Damage S 500,000 Automobile Liability Bodily Injury $1,000,000 Property Damage EI,000,000 Aviation $5,000,000 Professional Liability Coverage 52,500,000 If the owner requires coverages or limits in addi[ion [o the above stated amounts, premiums tor additional insur- ance shall be paid by [he owner. 5. When Donohue, subsequent to execution oP an agreemen[, finds that specialized equipment must be purchased [o provide special services, the cost oP such equipment will be added to the agreed Pees for professional services only after the owner has been no[ified. 6. The owner agrees [o provide such legal, accounting, and insurance counseling sercices as may be required tor the project. 7. Termination of [his agreement by [he owner or ponohue shall be effec[ive upon seven (Y) days wri[[en notice to the other party. 2he written notice shall include the reasons and details for termination. Donohue will prepare a final invoice showing all charges incurred through the date of te:�nination; payment is due as stated in para- graph 1. IP the owner violates any of the agreements entered in[o between Donohue and the owner, or if [he owner fails to carry out any of the du[ies con[ained in these terms and condi[ions, Donohue may, upon seven (7) days written notice suspend i[s services wi[hout further ohligation or liability to Che owner unless, within such seven (7) day period the owner remedies such violation to the reasonable sa[isfaction of Donohue. 8. Re-use of any documents percaining to this project by the owner on extensions of this project or on any other project shall be at [he owner's risk and the owner agrees to defend, indemnify, and hold harmless Doaohue from all ciaims, damages, and expenses including attorney's fees arising out of such re-use of the documents by the owner or Ey others acting through the owner. 9. Donohue will provide all services in accordance with generally accep[ed professional pracrices. Donohue will not provide or offer to provide services inconsis[ent wi[h or contrary to such practices nor make any warranty or guarantee, expressed or 'vaplied, nor to have any agreement or contract for services subject to the provisions of any uniform commercial code. Similarily, Donohue will no[ accept [hose terms and conditlons offered by the owner in its purchase order, requisition, or notice oF authoriza[ion to proceed, except as set forth herein or expressly accepted in writing. Wri[ten acknowledgement of receipt, or the ac[ual perPormance of services subsequent [o receipt, of any such purchase order, requisition, or notice oP authorizacion to proceed is speciPically daer.ied not to constitu[e accepCanc? of any !e:ms or condiUOns con[:arp [o those se[ fo::n hrreia. 10. Donohue intends co serve as [he ownerb professional represen[ative for [hosz service� as defined in [his agreement and to provide advice and consultation to the owner as a proYessional. Any opinions of probable projects costs, �' appmvals, and oth_r 3ecsior.s aade by Do^ohus for the o�mer are ren3ered or. the basis of experience and quali- tications and represent our professional judgment. 11. This agreemen[ shall no[ be construed as giving Donohue the responsibility or authority [o direct or supervise construction means, me[hods, [echniques, sequence, or procedures of construction selected by contractors or suhcontractors or the safety precau[ions and programs inciden[ to the work of the con[rac[ors or subcontractors. � a � � .. � � � � �� m Fa P7 N � .� o 3 � o � � � � o � � ¢ � 0 0 �u N � N a •� H `�.1. 0 � F� 0 .� � � � � w � f.; 4_, �, � w � � •rl •cf � � � .� o � +� '� c � „ h .� E`� � p � 0 .� � ,o �� v m N a: c �� G � � c� c� � � � � � U � � � � � � U z � �