HomeMy WebLinkAboutStrand Associates W. Waukau Ave Gallups-Merritts Creek Crossing 35 )T
AGREEMENT
This AGREEMENT, made on the I day of I t , 2019, by and
between the CITY OF OSHKOSH, party of the first part, her&after referred to as CITY,
and STRAND ASSOCIATES, INC., 910 West Wingra Drive, Madison, WI 53715, party of
the second part, hereinafter referred to as the CONSULTANT,
WITNESSETH:
The CITY and the CONSULTANT, for the consideration hereinafter named, enter
into the following AGREEMENT for CONSTRUCTION-RELATED ENGINEERING
SERVICES FOR WEST WAUKAU AVENUE GALLUPS-MERRITTS CREEK CROSSING
RECONSTRUCTION.
ARTICLE I. PROTECT MANAGER
A. Assignment of Project Manager. The CONSULTANT shall assign the following
individual to manage the PROJECT described in this AGREEMENT:
Matthew A. Yentz, P.E. —Senior Associate Project Manager
B. Changes in Project Manager. The CITY shall have the right to approve or
disapprove of any proposed change from the individual named above as Project Manager.
The CITY shall be provided with a resume or other information for any proposed substitute
and shall be given the opportunity to interview that person prior to any proposed change.
ARTICLE II. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the PROJECT described in
this AGREEMENT:
Mike Blank—Construction Management Supervisor
ARTICLE III. SCOPE OF WORK
The CONSULTANT shall provide the services described in the CONSULTANT's
Proposal. The CITY may make or approve changes within the general Scope of Services in
this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT.
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All reports, drawings, specifications, computer files, field data, notes, and other
documents and instruments prepared by the CONSULTANT as instruments of service shall
become property of the CITY upon payment for those documents by the CITY to the
CONSULTANT, and shall remain the property of the CITY.
ARTICLE IV. STANDARD OF CARE
The standard of care applicable to CONSULTANT's services will be the degree of
skill and diligence normally employed by professional consultants or consultants
performing the same or similar services at the time said services are performed.
CONSULTANT will re-perform any services not meeting this standard without additional
compensation.
ARTICLE V. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND SCHEDULES
In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor
and materials; unknown or latent conditions of existing equipment or structures that may
affect operation or maintenance costs; competitive bidding procedures and market
conditions; time or quality of performance by operating personnel or third parties; and
other economic and operational factors that may materially affect the ultimate project cost
or schedule. Therefore, it is understood between the parties the CONSULTANT makes no
warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules
will not vary from CONSULTANT's opinions, analyses, projections, or estimates.
ARTICLE VI. RECORD DRAWINGS
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others. CONSULTANT is not responsible for any errors or
omissions in the information from others the CONSULTANT reasonably relied upon and
are incorporated into the record drawings.
ARTICLE VII. CITY RESPONSIBILITIES
The CITY shall furnish, at the CONSULTANT's request, such information as is
needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is
reasonably obtainable from City records.
To prevent any unreasonable delay in the CONSULTANT's work, the CITY will
examine all reports and other documents and will make any authorizations necessary to
proceed with work within a reasonable time period.
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ARTICLE VIII. ASBESTOS OR HAZARDOUS SUBSTANCES
If asbestos or hazardous substances in any form are encountered or suspected,
CONSULTANT will stop its own work in the affected portions of the PROJECT to permit
testing and evaluation.
If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos
remediation activities using a qualified subcontractor at an additional fee and contract
terms to be negotiated.
If hazardous substances other than asbestos are suspected, CONSULTANT will, if
requested, conduct tests to determine the extent of the problem and will perform the
necessary studies and recommend the necessary remedial measures at an additional fee and
contract terms to be negotiated.
The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or
hazardous waste site originated by other than the CONSULTANT.
ARTICLE IX. CITY'S INSURANCE
The CITY will maintain property insurance on all pre-existing physical facilities
associated in any way with the PROJECT.
The CITY will provide (or have the construction contractor(s) provide) a Builders
Risk All Risk insurance policy for the full replacement value of all project work including
the value of all onsite CITY-furnished equipment and/or materials associated with
CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of
such policy.
ARTICLE X. TIME OF COMPLETION
The work to be performed under this AGREEMENT shall be commenced and the
work completed within the time limits as agreed upon in the CONSULTANT's Proposal.
The CONSULTANT shall perform the services under this AGREEMENT with
reasonable diligence and expediency consistent with sound professional practices. The
CITY agrees the CONSULTANT is not responsible for damages arising directly or
indirectly from any delays for causes beyond the CONSULTANT's control. For the
purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other
labor disputes, severe weather disruptions or other natural disasters, failure of performance
by the CITY, or discovery of any hazardous substances or differing site conditions. If the
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delays resulting from any such causes increase the time required by the CONSULTANT to
perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled
to an equitable adjustment in schedule.
ARTICLE XI. COMPONENT PARTS OF THE AGREEMENT
This AGREEMENT consists of the following component parts, all of which are as
fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto
attached:
1. This Instrument
2. CONSULTANT's Proposal dated August 9, 2019 and attached hereto
In the event any provision in any of the above component parts of this
AGREEMENT conflicts with any provision in any other of the component parts, the
provision in the component part first enumerated above shall govern over any other
component part which follows it numerically except as may be otherwise specifically
stated.
ARTICLE XII. PAYMENT
A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the
performance of the AGREEMENT the total sum as set forth below, adjusted by any changes
hereafter mutually agreed upon in writing by the parties hereto:
• Time and Materials Not to Exceed $49,500 (Forty Nine Thousand Five
Hundred Dollars).
• Attached fee schedule shall be firm for the duration of this AGREEMENT.
B. Method of Payment. The CONSULTANT shall submit itemized monthly
statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar
days after receipt of such statement. If any statement amount is disputed, the CITY may
withhold payment of such amount and shall provide to CONSULTANT a statement as to
the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set
forth in a written amendment to this AGREEMENT executed by both parties prior to
proceeding with the work covered under the subject amendment.
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D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell
phone charges, telephone charges, and equipment rental shall be considered overhead and
shall not be invoiced separately to the PROJECT.
E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up.
All invoices with expenses shall include supporting documentation of the expense. Failure
to include the supporting documentation will result in the reduction of payments by the
amount of those expense(s) not including documentation.
ARTICLE XIII. HOLD HARMLESS
The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims, and demands to the proportionate extent caused by or
resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her
agents or assigns, his/her employees, or his/her subcontractors related to the performance
of this AGREEMENT or be caused or result from any violation of any law or administrative
regulation, and shall indemnify the CITY for all sums including court costs, attorney fees,
and damages of any kind which the CITY may be obliged or adjudged to pay on any such
claims or demands upon the CITY's written demand for indemnification or refund for those
actions, claim, and demands caused by or resulting from intentional or negligent acts as
specified in this paragraph.
Subject to any limitations contained in Sec. 893.80 and any similar statute of the
Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and
all liability, including claims, demands, losses, costs, damages, and expenses of every kind
and description (including death), or damages to person or property arising out of re-use of
the documents without consent where such liability is founded upon or grows out of the
acts or omission of any of the officers, employees or agents of the City of Oshkosh while
acting within the scope of their employment.
ARTICLE XIV. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements.
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ARTICLE XV. TERMINATION
A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper
manner any of the obligations under this AGREEMENT, the CITY shall have the right to
terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the
CONSULTANT shall be entitled to compensation for any satisfactory, usable work
completed.
B. For Convenience. The CITY may terminate this AGREEMENT at any time by
giving written notice to the CONSULTANT no later than ten (10) calendar days before the
termination date. If the CITY terminates under this paragraph, then the CONSULTANT
shall be entitled to compensation for any satisfactory work performed to the date of
termination.
This document and any specified attachments contain all terms and conditions of the
AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by
both parties and incorporated as an amendment to this AGREEMENT.
ARTICLE XVI. RE-USE OF PROTECT DOCUMENTS
All reports, drawings, specifications, documents, and other deliverables of
CONSULTANT, whether in hard copy or in electronic form, are instruments of service for
this PROJECT, whether the PROJECT is completed or not. The CITY agrees to indemnify
CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated
corporations from all claims, damages, losses, and costs, including, but not limited to,
litigation expenses and attorney's fees arising out of or related to the unauthorized re-use,
change, or alteration of these project documents.
ARTICLE XVII. SUSPENSION, DELAY, OR INTERRUPTION OF WORK
The CITY may suspend, delay, or interrupt the services of CONSULTANT for the
convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall
be equitably adjusted.
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ARTICLE XVIII. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other than the CITY and
CONSULTANT and has no third-party beneficiaries.
In the Presence of: CONSULTANT
By: l,4 1c
(Seal of Consultant Lois✓** �Lcrofary
if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By: At< —
(Witness) Mar A. Rohloff, City Manager
And: 11°)
r
(Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
y A orney
/677/
City Comptroller
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�/ Strand Associates, Inc?
910 West Wingra Drive
_ RECEIVED Madison,WI 53715
(P)608-251-4843
STRAND
ASSOCIATES® AUG 12 2019
DEPT OF PUBLIC WORKS
August 9, 2019 OSHKOSH, W ISCONSIN
Mr. Justin Gierach, P.E., Engineering Division Manager/City Engineer
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54903-1130
Re: Construction-Related Engineering Services
West Waukau Avenue Gallups-Merritts Creek Crossing Reconstruction
Dear Mr. Gierach:
This Proposal presents Strand Associates, Inc.®'s (Consultant) anticipated Scope of Services and
associated Compensation for providing construction-related engineering services to the City of Oshkosh
(City) for the replacement of the Waukau Avenue culverts carrying Gallups-Merritts Creek that were
previously designed by Consultant.
Scope of Services
Proposed services can be described as follows.
1. Provide contract administration Services including attendance at preconstruction conference,
review of contractor's shop drawing submittals, review of contractor's periodic pay requests,
attendance at construction progress meetings, periodic site visits, and participation in project
closeout.
2. Provide one iteration of construction staking for the construction of the box culvert. Additional
iterations due to contractor negligence shall be considered additional services.
3. Provide resident project representative for up to six weeks of full-time observation of
construction. In furnishing observation services, Consultant's efforts will be directed toward
determining for City that the completed project will, in general, conform to the Contract
Documents; but Consultant will not supervise, direct, or have control over the contractor's
work and will not be responsible for the contractor's construction means, methods,
techniques, sequences, procedures, or health and safety precautions or programs, or for the
contractor's failure to perform the construction work in accordance with the Contract
Documents.
4. Provide record drawings in electronic format from information compiled from contractor's
records. Consultant is providing drafting Services only for record drawings based on the
records presented to Consultant by contractor and City. Consultant will not be liable for the
accuracy of the record drawing information provided by contractor and City.
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Arizona I Illinois I Indiana I Kentucky I Ohio I Texas I Wisconsin www.strand.com
Strand Associates, Inc
Mr. Justin Gierach, P.E., Engineering Division Manager/City Engineer
City of Oshkosh
Page 2
August 9,2019
Compensation
City shall compensate Consultant for Services on an hourly rate basis an estimated fee of$49,500 in
accordance with the hourly rate table below.
Hourly Billing Rates*
Principal Engineer $281 to$434
Senior Project Manager $203 to$302
Project Managers $129 to$217
Project Engineers and Scientists $ 95 to $139
Engineering Technicians and Draftspersons $ 54 to $169
Administrative $101 Average
•Updated annually on July I
Schedule
Services will begin upon execution of an agreement prepared by City, which is anticipated the week of
August 26, 2019. Services are scheduled for completion on December 31, 2019.
City's Responsibilities
1. Assist Strand by placing at Strand's disposal all available information pertinent to this project
including previous reports, previous drawings and specifications, and any other data relative to
the scope of this project.
2. Retain the services of a geotechnical consultant to provide any necessary materials testing and
recommendations.
3. Provide construction-related services as required for the non-culvert related items.
Strand looks forward to working with the City of Oshkosh on this project. If you have any questions
concerning this proposal, please call me at your convenience at 608-251-4843.
Sincerely,
STRAND ASSOCIATES, INC.®
//err.'
Matthew A. Yentz, P.E.
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www.strand.com