Loading...
HomeMy WebLinkAboutStrand Associates Southwest Industrial Park 19-15 13coD5 AGREEMENT 114 This AGREEMENT, made on the I day of AlAd- , 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafterred 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 ENGINEERING DESIGN AND CONSTRUCTION ENGINEERING SERVICES FOR SOUTHWEST INDUSTRIAL PARK. ARTICLE I. PROJECT 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: Justin Gierach, P.E.-Engineering Division Manager/City Engineer ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CITY'S Request for 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. 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. \Engineering\2019 CONTRACTS\19-15 S W IP Paving\Project Information\Contract Info\Consulting Page 1 of 6 Agreements Design and CM\19-15 Strand Agreement-Des&CM_S-7-19.docx 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. 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. I\Engineering\2019 CONTRACTS\19-15 SWIP Paving\Project_lnformation\Contract Info\Consulting Page 2 of 6 Agreements 1 Design and CM\19-15 Strand Agreement-Des&CM_8-7-19.docx 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 CITY's Request for 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 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. CITY's Request for Proposal dated July 12,2019 and attached hereto 3. CONSULTANT's Proposal dated August 1, 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. 1:\Engineering\2019 CONTRACTS\19-15 SW I P Paving\Project_Infor nation\Contract Info\Consulting Page 3 of 6 Agreements\Design and CM\19-15 Strand Agreement-Des&CM_S-7-19.docx 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 $489,700 (Four Hundred Eighty Nine Thousand Seven Hundred Dollars). • Attached fee schedule(s)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. 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. I:\Engineering\2019 CONTRACTS\19-15 SWIP Paving\Project_Information\Contract Info\Consulting Page 4 of 6 Agreements\Design and CM\19-15 Strand Agreement-Des&CM_8-7-19.docx 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. 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 PROJECT 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. I:\Engineering\2019 CONTRACTS\19-15 SW I P Paving\Project_Information\Contract Info\Consulting Page 5 of 6 Agreements\Design and CM\19-15 Strand Agreement-Des SrCM_8-7-19.docx 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. ARTICLE XIX. ECONOMIC DEVELOPMENT ADMINISTRATION (EDA) REQUIREMENTS FOR MAINTENANCE OF RECORDS The CITY, EDA, the Comptroller General of the United States, the Inspector General of the Department of Commerce, or any of their duly-authorized representatives, shall have access to any documents, books, papers, and records of the CONSULTANT (which are directly pertinent to a specific grant program) for the purpose of making an audit, examination, excerpts, and transcriptions. The CITY shall require the CONSULTANT to maintain all required records for at least three (3) years after the CITY makes final payment and all pending matters are closed. In the Presence of: CONSULTANT C121/4;141L161111)h By: (Seal of Consultant 4 ,i&t. cc k 17 if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: (Witness) Mar A. Rohloff, City Manager -)/a.--CCC11/(ilann AndT E, (Witness) Pamela R. Ubrig, City Cler APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. orney City Comptroll 1:\Engineering\2019 CONTRACTS\19-15 SWIP Paving\Project_Information\Contract Info\Consulting Page 6 of 6 Agreements\Design and CM\19.15 Strand Agreement-Des&CM_S-7-19.docx Taylor, Tracy L From: Taylor, Tracy L Sent: Friday, July 12, 2019 3:44 PM To: 'Yentz, Matthew' Cc: Gierach, Justin; Nieforth, Kelly K Subject: Request for Proposal for Engineering Design and Construction Engineering Services for Southwest Industrial Park Attachments: 19-15 RFP_Design and CM_7-12-19.pdf Dear Matthew, The City of Oshkosh is requesting proposals for engineering design and construction engineering services for the Southwest Industrial Park. The Request for Proposal is attached to this e-mail. Proposals are due to the City of Oshkosh by 3:00 p.m. on Thursday,August 1,2019. Any questions need to be submitted via e-mail to Justin Gierach, Engineering Division Manager/City Engineer egierach@ci.oshkosh.wi.us), by 10:00 a.m. on Thursday,July 25, 2019. Tracy L. Taylor Department of Public Works City of Oshkosh 920.236.5195 Follow us:Web I Facebook I Twitter /4‘) Oshkosh 1 City of Oshkosh,Wisconsin City of W Oshkosh Request for Proposals For Engineering Design and Construction Engineering Services For Southwest Industrial Park July 12,2019 City of Oshkosh PO Box 1130 Oshkosh,WI 54903-1130 www.ci.oshkosh.wi.us REQUEST FOR PROPOSALS Engineering Design and Construction Engineering Services Southwest Industrial Park I. Introduction and Background The City of Oshkosh (City) is seeking a consultant to complete plans and assist in the construction engineering for the expansion of the Southwest Industrial Park (SWIP). The expansion is located east of Clairville Road and north of State Highway 91. The City has constructed a gravel roadway with sanitary sewer, water, and storm sewer, along with the required storm water management facilities for the Park expansion, as originally conceived. The original plan was to have the roadway cross the existing railroad tracks and connect to the existing Global Parkway south of the railroad tracks. This is no longer an option, and as a result,the City is seeking to construct a roadway loop back to Clairville Road. The construction portion of this project will be funded in part by the U. S. Department of Commerce - Economic Development Administration (EDA). All elements of the design and construction of this project shall meet EDA requirements, including, but not limited to, design requirements, bidding process, reporting, construction, grant administration, and documentation throughout the project. The purpose of this Request for Proposals is to attract and hire a consulting firm to provide engineering design and construction engineering services for this project. The engineering design services are not included in the EDA grant as an eligible expense. As such,the proposals will be required to have two (2) parts,engineering design services and construction engineering services. It is the responsibility of the Proposer to carefully read this entire Request for Proposals (RFP), which contains all provisions applicable to successful completion and submission of a proposal. II. Project Overview The City is receiving an EDA grant to help fund the construction of proposed improvements in the SWIP. The improvements consist of paving of the existing gravel roadway, construction of additional roadway, and improvements to Clairville Road. It is anticipated only storm sewer will be installed with the new roadway. The new roadway will impact wetlands. The area of wetlands within the proposed right-of-way is approximately 14,150 square feet. It is anticipated the design of the roadway section will need to be adjusted to reduce impacts, with the goal of being less than 10,000 square feet of impact. Options to obtain this goal may include, but are not limited to, reducing the pavement width, altering the centerline alignment, constructing steeper side slopes, and/or constructing retaining walls. Storm water runoff from the new roadway will need to be conveyed to the City's detention facilities. L•\Engineem+9\2019 CONTRACTS\19-15 SWIP Paving\Project_Infomation\Contract Page 1 of 14 info\consulting Agreements\Design and CM\RFP\19-15 RFP_Design and CM_7-12-19.doc Additionally, the new roadway will have a railroad crossing that will create a high point. The new road must also allow for the relocation of the existing northern United Co-op driveway from Clairville Road onto the proposed roadway. The driveway will need to accommodate heavy truck traffic. The realignment of the roadway will require the entrance to the City's Transload site to be redone. The City will provide a preliminary geometric layout for the site. The Consultant will need to complete the design. The realignment will also require the storm sewer system, sanitary sewer system, and water system to be modified. Existing pipes and structures may need to be removed or modified and new pipes and structures may need to be installed. Clairville Road's pavement is deteriorating from increased traffic. The desired improvements for Clairville Road include widening the road to allow for better turning movements and the ability for vehicles to be out of the through-traffic lane at both entrances to the Park, with no acceleration lanes, similar to a Wisconsin Department of Transportation (WDOT) Type-D intersection. All truck traffic is to be directed from/toward State Highway 91. Based on funding availability, the City would like to reconstruct the asphalt roadway with new granular base and asphalt pavement, at a minimum width of twenty two feet (22'). If a wider width can be accommodated within the existing right- of-way (ROW), the City would like twelve-foot (12') lanes and/or shoulders. If, based on preliminary estimates, funding does not appear available for the previous option, the City wishes to have some type of overlay project completed with widening at the intersections. Options and opinions of probable cost shall be provided by the Consultant. The City has budgeted $1.5 million and is seeking$1.5 million in matching EDA grant funds to provide a total project budget of $3 million. This includes all construction, inspection/engineering,and any material testing costs. The City has stockpiles of clay, crushed concrete,and topsoil located on the industrial park land that may be used to facilitate the project. The City will provide survey of the piles for the Consultant to use for quantity calculations. Included with this packet are: • Construction plans for the SWIP. • Construction plans for Transload Facility. • Map showing the proposed developments in the SWIP. • Map showing the proposed new roadway alignment and preliminary design of the modifications to the Transload site. • CAD file containing survey information, proposed roadway ROW, and preliminary Transload site modifications. L\Engineering\2019CONTRACTS\19-15SWIPPaving\Project—Information\Contract Paget of 14 Info\Consulting Agreements\Design and CM\RPP\19-15 RFP_Design and CM_7-12-19.doc • Consultant Requirements: • Prepare plans and quantities to bid the project in accordance with EDA requirements, including writing any needed special specifications. • Provide construction engineering • The current edition of the Standard Specifications for City of Oshkosh, Wisconsin shall be used wherever relevant items exist. The project includes incorporating approximately 4,300 linear feet of previously-designed roadway into the plan set. Utility adjustments will be required within this area to match the final pavement grades. See enclosed plans for information available and proposed roadway cross section. The Consultant shall design approximately 2,500 linear feet of new roadway. ROW has been established. New roadway will need to serve as access to the United Co-op site to the south of the proposed roadway and shall be designed to allow the northern-most access onto Clairville Road to be relocated onto the new roadway. Attention shall be paid to ensure grades will work to provide heavy truck access onto the site. Consultant shall provide proposed storm sewer sizing for the new roadway and along Clairville Road for City to review. Based on the previous design, the City will be able to meet the storm water quality and quantity requirements for the additional roadway in the existing detention basins. Proposed Development 1 will be required to drain to the east toward Basin A. The proposed railroad crossing of the new roadway will be a high point and provide the drainage break for the roadway system. The roadway north of the spur track must drain to Basin A and the roadway south of the spur track must be conveyed to the City's storm sewer system, currently located at the intersection of Compass Way and Clairville Road, which connects to Basin B. It is anticipated the storm water from the new roadway will need to be kept separate from the existing runoff being carried in the existing Clairville Road roadside ditch. The City shall provide a copy of all digital files to Consultant for his/her use and distribution as the City determines necessary. Plans shall be done in similar fashion as the City plans that are provided with this RFP as an example. III. RFP Submittal Requirements All proposals, sealed and marked "Engineering Design and Construction Engineering Services—Southwest Industrial Park", must be received by the City's Engineering Division of the Department of Public Works, 215 Church Avenue, PO Box 1130, Oshkosh, WI 54903-1130 by 3:00 p.m. on Thursday, August 1, 2019. Any proposal received after this time will not be considered. 1.•\Engineering\2019 CONTRACTS\19-15 SWIP Paving\Project_Information\Contract Info\Consulting Agreements\Design and CM\RPP\19-15 RPP_Design and CM_7-12-19.doc Page 3 of 14 It is neither the City's responsibility nor practice to acknowledge receipt of any proposal. Proposals may be withdrawn by notice to the party receiving proposals of the place designated for the receipt of proposals any time prior to the submittal deadline. Such notice shall be in writing over signature of the proposer, or by e-mail. If by e-mail,written confirmation over the signature of the proposer shall be mailed and postmarked on or before the date and time set for receipt of proposals, and it shall be so worded as not to reveal the amount listed in the original proposal. The City will not be liable for any costs incurred by the proposer in responding to this RFP or participating in the RFP process. Such costs are the sole responsibility of the proposer. The City of Oshkosh reserves the right to reject any or all proposals, to waive any informalities in the process,or to accept any proposal deemed in the best interests of the City of Oshkosh. The City is a governmental entity which is subject to the Wisconsin Open Records laws. Therefore, all proposals and other materials submitted to the City may be considered a public record accessible to anyone who may request such information. If you believe any information or document that you may submit to the City is not, or should not be, a public record, then you must contact the City before it comes into the possession of the City. The City will be glad to answer questions about the applicability of open record laws and to come to some type of resolution, if possible, regarding particular circumstances. Any ongoing discussions regarding open records will not extend the deadline for submitting proposals. IV. Scope of Services The proposers shall consider and address these elements in developing their proposal, plans, and specifications: 1. Design Services(Part I) A. Geotechnical Investigation 1. The City will provide a copy of existing reports. B. Topographic Survey 1. The City has provided the existing topographic survey that has been conducted for this site as a part of this RFP. L•\Engineering\2019 CONTRACTS\19-15 SWIP Paving\Project-Information\Contract Info\Consulting Agreements\Design and CM\RFP\19-15 RFP-Design and CM-7-12-19.doc Page 4 of 14 2. If requested by the Consultant, the City will collect additional data, providing staff availability allows. Consultant shall provide a mobilization and hourly rate for survey crew to collect additional information, in the event the City cannot complete this request. Allow two (2) weeks from the date of request for collection of data by the City,pending site and weather conditions. C. Sanitary Sewer Design 1. All sanitary sewer has been installed. Adjustment of structures to match new grades will be required. 2. City will design the sanitary sewer casing plan and create plan sheets to be included in the bidding documents. D. Street Design 1. Design street in accordance with the City's requirements. The City will provide a preliminary profile. 2. Review proposed layout provided with RFP for constructability. Recommend revisions, as necessary, to provide a constructible project. This includes options, as needed,to obtain relevant Wisconsin Department of Natural Resources(WDNR)and United States Army Corps of Engineers(USACE)permits. 3. Design two (2) intersections with Clairville Road to better accommodate heavy vehicle traffic. Intersections shall be designed similar to WDOT Type-D Intersection. 4. Submit street design to the City for approval. 5. Recommend typical pavement sections for Clairville Road; one (1) option as a new asphalt road with new base and a second as a mill/pulverize and overlay type project. Prepare preliminary cost estimates for both options. 6. The City has stockpiles of crushed concrete, clay, and topsoil within the Park. The desire is to use these stockpiles for constructing this project. The City will provide surveys of the stockpiles, so the Consultant can determine quantity available and prepare plans and specifications accordingly. 7. Prepare necessary permit applications for submittal by the City. E. Storm Sewer Design 1. Design storm sewer in accordance with the City's requirements for new roadway and design storm sewer along Clairville Road. 2. Design shall allow for collection of drainage from railroad spur track extension at crossing with new roadway. 3. Existing storm sewer manholes and inlets will need to be adjusted to match new grades. 4. Storm sewer design shall account for City design goals: a. No street surcharging for up to the ten(10)year design storm. b. Maintain street drivability (up to three inches (3") of surcharging in gutter) for up to the twenty five(25)year design storm. c. Contain surcharging within the ROW for up to the one hundred (100) year design storm. F. Storm Water Management Plan Design 1. Storm water management will be handled in the existing basins. New roadway drainage south of the railroad spur track must drain to Basin B and the area north of the spur track must drain to Basin A. I\Engineering\2019CONTRACIS\19-15SWII'Paving\Project_Information\Contract Page 5 of 14 Info\Consulting Agreements\Design and CM\RFP\19-15 RFP_Design and CM_7-12-19.doc 2. Prepare erosion control plan, in accordance with the City's, WDNR's, USACE's requirements. 3. Prepare necessary permit applications for submittal by the City. G. Water Main Design 1. All water main has been installed. Valves will need to be adjusted to match new grades. 2. Review hydrant locations, relocate, and/or adjust, if necessary with new roadway alignment. H. Street Lighting Design 1. No street lighting is anticipated. I. Master Site Grading Design 1. Grading shall be kept to a minimum outside of the ROW. 2. The City desires to eliminate the need for the drainage ditch along the north side for the spur track. J. Permitting/Agency Coordination 1. WDNR Construction Site Permit. 2. WDNR Wetlands/Waterways Permit. 3. USACE Wetland/Waterways Permit. 4. Prepare for and attend all agency meetings necessary during permitting process. Pre-submittal meetings are required for many WDNR permit applications. K. Plan Preparation 1. Comply with all City,State and EDA requirements: a. Plan and Profile Sheets i. 22"x 34"Full Size (11"x 17"half size). ii. Full-Size Horizontal Scale: 1"=20'. iii. Full-Size Vertical Scale: 1"=2". 2. Anticipated Plan Sheets Required: a. Title Sheet. b. Typical Cross Sections and General Notes. c. Special Details, including roadway elements, geometric layouts, and salvage/disposal of materials. d. Miscellaneous Quantities. e. Computer Earthwork and Mass Diagrams. f. Cross Sections. g. Utilities Plan and Profile (Water Main and/or Sanitary Sewer, if changes are needed): i. Utilities to be backfilled with compacted granular material. h. Street Plan and Profile,including storm sewer and utility adjustments: i. Construction will include paving of streets in concrete. ii. Utilities to be backfilled with compacted granular material. i. Master Site Grading Plans. j. Erosion Control Plan. k. Marking and Signing Plan. I. Landscaping/Restoration Plan. I\Engimring\2019 CONTRACTS\19-15 SWIP Paving\Project_Information\Contract Page 6 of 14 Info\Consulting Agreements\Design and CM\RFP\19-15 RFP_Design and CM_7-12-19.doc 3. Engineer's opinion of probable construction cost based on 60%, 90% and final design plans. L. Contract Manual(Specifications)Preparation 1. Comply with all City,State and EDA requirements: a. Utilize the City's Standard Specifications. b. Prepare Special Conditions, including drafting any special Bid Items. Ensure all appropriate requirements are included for maintaining access to all sites. c. Provide approximate quantities for the City to prepare Official Notice to Contractors. d. Utilize City-supplied Bid Items / Proposal generation spreadsheet to assist in preparation of Proposal. e. City will compile all sections into Contract Manual. f. The City will submit for prevailing wage rate determination for Davis-Bacon wage rates. g. The City will submit for prevailing wage rate determination with State of Wisconsin Department of Workforce Development. M. Utility Coordination 1. Coordinate with private utilities to ensure design does not conflict with existing facilities. a. Likely utilities are: i. Wisconsin Public Service (gas and electric). ii. AT&T. iii. Spectrum. N. Construction Review 1. Provide Shop Drawing review of any special design items (structurally-designed junction chambers,as an example). O. CADD Files 1. All work shall be performed in AutoDesk Civil 3D. P. Meetings(to be held in Oshkosh at a City-supplied location) 1. Project Kick-Off Meeting. 2. 60%Design Review Meeting. 3. 90%Design Review Meeting. 4. Two(2)Utility Coordination Meetings. 5. Pre-Construction Conference. 6. Up to three(3) additional meetings at a City-supplied location. 7. Additional meetings, as described in other sections of this RFP (for example, agency review,Plat review,etc). Q. Plat Preparation 1. The City will complete the land division/dedication by a Certified Survey Map. 2. Bidding Services(Part I) A. Answer questions raised by prospective bidders. B. Prepare addenda document, if necessary. Provide to City in original electronic format, as well any pdf attachments to the addenda. I\Engineering\2019 CONTRACTS\19-15 SWIP Paving\Project_Information\Contract Info\Consulting Agreements\Design and CM\RFP\19-15RPP_Design and CM_7-12-19.doc Page 7 of 14 C. Prepare agenda for and run Pre-Bid meeting, take meeting notes, and prepare minutes from Pre-Bid meeting, and supply them to the City for inclusion in an addendum. 1. Ensure all EDA requirements are discussed. D. Review proof of bidder's qualifications and recommend approval or disapproval. E. Prepare recommendation of award of contract. F. City will post bidding documents on Quest CDN website. G. City will distribute addenda,if necessary,on Quest CDN website. 3. Construction Services(Part II) A. Pre-Construction Conference: 1. Prepare Agenda for Pre-Construction Conference. Additional requirements for compliance with the EDA grant will need to be added to the discussion at the Pre- Construction Conference. 2. Take notes during the Pre-Construction Conference. 3. Prepare draft Pre-Construction Conference minutes for City review. 4. Incorporate City comments into the final Pre-Construction Conference minutes. B. Attend Ground Control Conference. C. Review Contractor Submittals for compliance.with the Contract Documents. Provide comments back to Contractor regarding the compliance or non-compliance with the Specifications. D. Prepare Contractor Submittal Tracking Form in order to track Contractor submittals throughout the project. 4. Construction Observation (Part II) A. Provide a full-time onsite project Field Representative during construction. Depending on Contractor schedule and level of work taking place, supplemental part-time staff may also be required. B. Project Field Representative shall utilize a Tablet PC, Laptop PC, or other acceptable electronic device for recording data in the field. C. Data to be recorded includes,but may not be limited to: 1. Utility structures(manholes and inlets): a. Rim elevation. b. All pipe sizes. c. All pipe invert elevations. d. All pipe directions. e. A sample form is included as Exhibit D. 2. Digital photos of all utility structures, all utility connections to existing utility systems, and any other pertinent items requiring photo documentation. 3. Density tests. a. Geo-locate all density tests. Tests shall be located with a GPS unit with a horizontal accuracy of twelve inches (12")or better. b. When taking density tests in multiple lifts of fill and compaction, each test shall have a unique identifier. D. Observe and document Contractor compliance with Contract Documents, permit requirements, and grant requirements. L\Engineering\2019 CONTRACTS\19-15 SWIP Paving\Project Information\Contract Page 8 of 14 Info\Consulting Agreements\Design and CM\RFP\19-15 RPP_Design and CM_7-12-19.doc E. Report to the City whenever Field Representative believes any work is unsatisfactory, faulty, defective, or does not conform to the Contract Documents. Advise City on whether to order correction,or rejection of unsatisfactory work. F. Site safety is the sole responsibility of the Contractor. Notwithstanding this requirement, Consultant shall immediately report to the City any incidents that occur onsite. G. Maintain daily construction quantities records. It is highly recommended a spreadsheet or database be utilized to facilitate easier and quicker verification of quantities. H. Record any lost work days due to weather. I. Record information relating to any potential Contractor requests for"extra work". J. Maintain photographic log of work progress on a daily basis, and at any milestones. 5. Construction Testing(Part II) A. Mass Site Grading Density Testing(when applicable). 1. Density tests shall be conducted on each lift of fill material placed. An one hundred foot(100') grid pattern shall be set up to conduct density testing. B. Trench Backfill Density Testing 1. Trench backfill specifications are contained within Section 100.61 of the current edition of the Standard Specifications for City of Oshkosh, Wisconsin. The Specifications can be found at: https://www.ci.oshkosh.wi.us/PublicWorks/under the heading of"City of Oshkosh Detailed Specifications". 2. Test reports shall be located by station, elevation, and utility trench type (water, sanitary, storm, etc). The City and Contractor shall be notified immediately upon all failing tests. C. Construction Material Testing 1. Obtain and test samples of trench backfill material to determine maximum density and optimum moisture content. Obtain samples of backfill material from each backfill material source of the Contractor. Should Contractor change sources during the project, obtain material samples from each new source. 2. Obtain and test samples of soil onsite to determine maximum density and optimum moisture content. 3. Prepare and test concrete cylinders for compressive strength. 4. Perform concrete air tests. 6. Construction Documentation (Part II) A. Maintain correspondence files including, at a minimum, the following items: 1. Minutes for all project meetings. 2. Copies of all shop drawing submittals and comments. 3. Copies of Contract Documents, including all addenda, Field Orders, Change Orders, Construction Bulletins, and any other documents prepared throughout the course of the construction of the project. B. Maintain daily reports from onsite Field Representative(s). C. Structure construction forms (separate form for each structure installed). A copy of the standard form utilized by City field staff is attached as an example. D. Field Representative(s)redline working plan set. E. Prepare a final "As-Built" plan set upon completion of the project. The "As-Built" plan set shall contain original plan information, as well as the "as-built" information. Where original plan information has changed, the original information shall be struck through in I:\Engineering\2019 CONTRACTS\19-15 SWIP Paving\Projeil_Information\Contract Page 9 of 14 Info\Consulting Agreements\Design and CM\RFP\19-15 RFP_Design and CM_7-12-19.doc red and the new information shown in red. This can be done in either AutoCAD, or in pdf. As-Built plans shall be submitted in pdf and hard copy upon completion of the construction. F. Provide an electronic copy of all documents to the City upon completion of the project. G. Conduct a final inspection in the company of the City to prepare a list of items to be completed or corrected("punchlist"). H. Prepare and issue "Certificate of Substantial Completion"upon substantial completion of project. Certificate will not be issued until final punchlist of items to be completed or corrected is prepared. A copy of this form is included in the current edition of the Standard Specifications for City of Oshkosh, Wisconsin. 7. Construction Management(Part II) A. Assist City with preparation of grant quarterly reports, reimbursement requests, and final reports. B. Review Contractor's progress schedule, schedule of submittals, and schedule of values of completed work. C. Serve as City's agent and liaison between City and Contractor. D. Consultant's Construction Manager shall conduct periodic site observations to determine if work is generally proceeding in accordance with Contract Documents. E. Prepare responses to Contractor Requests for Information, review with City, and transmit final clarifications to Contractor. F. Prepare agenda for weekly Construction Progress Meetings. Prepare minutes after meetings. G. Prepare any necessary Contract Field Modifications and Contract Change Orders. Contract Field Modifications are changes that require no adjustment in the Contract cost or time of completion. Contract Change Orders require modification to Contract costs and/or time of completion. H. Maintain record of daily and weekly construction quantities from onsite Field Representative(s). I. Maintain records for any lost work days due to weather, information relative to Contractor requests for extra work, Contractor daily activities, lists of any decisions made relating to deviations from the Contract Documents, any general observations relating to the work, and any specific observations (for example: material test failures, work hours infractions, and truck route infractions). J. Prepare monthly completed work quantities based upon record of completed work from Field Representative(s). Consultant to prepare recommended Contractor pay estimate and forward to City for approval and payment. Pay estimates shall contain a subtotal by section (paving, storm sewer, sanitary sewer, water main, electrical (as necessary)) to facilitate asset tracking by City. Schedule of Pay Estimates will be prepared by City prior to commencement of construction. 8. Construction Survey(Part II) A. Perform construction staking for entire project. In order to determine a reasonable level of effort,the following assumptions shall be made by Proposers: 1. Sanitary manholes (as necessary) will have location marked and multiple offset grade' stakes established. 2. Storm structures (manholes, inlets, and apron endwalls, for example) will have location marked and multiple offset grade stakes established. L•\Engineering\2019 CONTRACTS\19-15SWIP Paving\Project_Infomtation\Contract Page 10 of 14 Info\Consulting Agreements\Design and CM\RFP\19-15 RPP_Design and CM_7-12-19.doc 3. Water fittings (as necessary) (tees, bends, crosses, hydrants, and valves, for example) will have location marked and multiple offset grade stakes established. 4. All utilities will have line staked every fifty feet (50') for the first two hundred feet (200') out from each structure and/or fitting. 5. Concrete pavement shall be staked at each PC, PI, PT, VPC, VPI, VPT, High Point, Low Point, Grade Break, and every fifty feet (50') on straight sections. Multiple offset grade stakes may be necessary. 6. Prepare "cut sheets"and deliver to Contractor, Consultant's Field Representative, and City. B. Establish Bench Marks and Horizontal Control Points around entire perimeter of site to facilitate use of GPS-controlled construction equipment by Contractor. C. Provide"spot checks", as needed, to ensure Contractor's work is meeting intent of design Plans. D. Perform "As-Built" survey of mass site grading and all City-owned utilities installed as a part of the construction project. E. Provide AutoCAD drawing file of information gathered above. 9. City Responsibilities A. Provide AutoCAD file of existing topographic survey of property. B. Provide existing plans for Southwest Industrial Park Expansion. C. Provide existing wetland boundaries. D. Provide Wetland Delineation Report. E. Provide AutoCAD file of Concept Plan. F. Provide an Excel spreadsheet of standard Bid Items to utilize for construction cost estimates and Bid Proposal creation. G. If Archeological Investigations are required, the City will contract with a consultant for those services separate from this agreement. H. Distribute bidding documents via Quest CDN website. I. Soil Borings report will be provided. J. Environmental Records Review(Phase 1)will be provided. K. Endangered Resources Review will be provided. L. Historical/Archaeological review will be provided. M. Provide current edition of Standard Specifications for City of Oshkosh, Wisconsin. N. Provide new street/city utility design checklists. O. Pay permit application fees to appropriate agencies. P. Submit completed permit application materials with appropriate fees. Q. Conduct bid opening. R. Prepare bid tabulation. S. Survey of existing stockpiles. I\Engineering\2019CONTRACTS\19-15SWIPPaving\Project_Information\Contract Page 11 of 14 Info\Consulting Agreements\Design and CM\RPP\19-15 RPP_Design and CM_7-12-19.doe • V. Tentative Project Schedule The following tentative schedule is presented to help the proposer determine the level of effort required to carry out this proposal. Milestone Date Request for Proposals issued Friday,July 12,2019 Mandatory Pre-Proposal Conference Monday, July 22, 2019 at 9:00 a.m. in Room 404,Oshkosh City Hall Deadline to Receive Questions from Proposers Thursday,July 25,2019 by 10:00 a.m. E-mailing of Answers to Proposers'Questions Monday,July 29,2019 by 4:30 p.m. Proposals Due Thursday,August 1,2019 by 3:00 p.m. Consultant Selection Monday,August 5,2019- Wednesday,August 7,2019 Agreement Award by Common Council Tuesday,August 13,2019 Final Design,Bid Documents, and Permit Approvals Friday,November 1,2019 EDA Approvals Early to Mid-November 2019 Contract out for bid Late November 2019 Pre-Bid Meeting December 2019 Contract Bid Opening December 2019/Early January 2020 Contract Start Early 2020 VI. Elements of Proposal Each proposal shall include four(4)sealed copies of a technical proposal and a cost proposal. Each proposal shall include the following: 1. Proposal number and name. 2. Company name,address,and telephone and fax numbers. 3. Name,address,telephone number,and e-mail address of company contact for this RFP. The technical proposal shall include the following: 1. General qualifications of your firm. 2. A statement of your understanding of the project. 3. A statement of your work plan. 4. The anticipated time schedule for completing this project, indicating when tasks are expected to be done; and key milestones for receiving input or approval from the City or others,including,but not limited to,specific timetables for the following: A. Completing preliminary plans and associated cost estimates. B. Completing final plans,specifications, and cost estimates. C. Securing required State and local approvals. I:\Engineering\2019CONTRACTS\19-15SWIP Paving\Project_Information\Contract Page 12 of 14 Info\Consulting Agreements\Design and CM\RFP\19-15 RFP_Design and CM_7-12-19.doc D. Completing proposed contract documents sufficient for soliciting bids. 5. Identification of project team members and their roles in this project, with resumes of key personnel(no more than two(2)pages per person). 6. At least three (3) examples of previous experience with similar projects, including contacts for each of the projects. Project experience should emphasize public-sector projects. The same contact person may be used for more than one(1)project. 7. If you or your firm is currently under contract on any engineering projects for the City, please identify the type of work and any potential conflict of interest in the performance of duties listed within this RFP. The body of the technical proposal (i.e. material excluding resumes) shall not exceed ten (10) pages. The cost proposal shall include the following: 1. Anticipated cost of services and estimated hours. Costs shall include all items of labor, material, tools, equipment, and other costs necessary to fully provide the services outlined in this RFP. This item should be stated as a time and materials cost not to exceed, including expenses to be billed at cost, and reference an attached fee schedule for hourly or other unit rates of cost. 2. Per EDA requirements,the cost proposal should be broken down per the following: A. The Contract Price for Engineering Design Services not to exceed is$ B. The Contract Price for Construction Engineering Services not to exceed is$ VII. Evaluation of Proposals The City will establish an Evaluation Committee to evaluate the proposals. The Evaluation Committee will review the proposals for format to ensure compliance with the requirements of the RFP. Failure to meet these requirements may result in rejection of your organization's proposal. Evaluations will be based on the proposals, applying the following criteria as to each proposal: 1. Proposed approach to the project (including the proposed scope of work and work schedule). 2. Qualifications of the firm for undertaking this project. 3. Qualifications, experience, and availability of the firm's key personnel and the personnel who will be working directly on the project. 4. Ability to meet the City's budget and schedule requirements. The evaluation criteria above are all of equal weight. The City may, at its discretion, require oral interviews or presentations of one (1) or more proposers to assist in the evaluation process. L\Engineering\2019CONTRACTS\19-15SWIPPaving\Project_Information\Contract Page 13 of 14 Info\Consulting Agreements\Design and CM\RFP\19-15 RFP_Design and CM_7-12-19.doc VIII. Proposal Selection and Agreement The City will notify all proposers upon completion of the evaluation process. The City will begin negotiating with the proposer whose proposal best met the RFP objectives. The scope of services defined in this RFP, the cost schedule supplied by the proposer, along with any subsequent scope addenda/amendments,will become the scope of the work for the proposer. Beyond this scope and budget, the contractual agreement will require the proposer to provide proof of required insurance coverage, naming the City as an additional insured. The City's insurance requirements are attached to this RFP(Exhibit A). Upon signature by designated City officials, the agreement will become binding and the proposer may begin to execute its scope of work. A sample of the contractual agreement is attached to this RFP (Exhibit B). Proposers do not need to complete this agreement as part of their proposal. Per EDA requirements, if the A/E contract price exceeds $100,000, the following provision will be added to the City's contractual agreement: "The City, EDA, the Comptroller General of the United States, the Inspector General of the Department of Commerce, or any of their duly- authorized representatives shall have access to any documents, books, papers, and records of the A/E (which are directly pertinent to a specific grant program) for the purpose of making an audit, examination, excerpts, and transcriptions. The City shall require the A/E to maintain all required records for at least three (3) years after the City makes final payment and all pending matters are dosed." IX. Addenda/Questions All requests for interpretations, corrections, or questions to this RFP must be e-mailed to Engineering Division Manager / City Engineer Justin Gierach (jgierach@ci.oshkosh.wi.us) by 10:00 a.m., Thursday, July 25, 2019. Only interpretations or corrections of the RFP made in writing by the Engineering Division Manager/City Engineer are binding. Proposers interested in receiving proposal addenda based on these interpretations or corrections shall provide an e- mail address to the Engineering Division Manager/City Engineer. X. Protest Procedure Any proposer who wishes to protest the proposed award of an agreement must submit a detailed statement in writing of the grounds for protest and any supporting documentation to the Director of Public Works prior to the agreement award. The appealing party must be an actual or prospective proposer whose direct economic interest would be affected by the award, or failure to aware the agreement. Award of the agreement will be suspended temporarily unless this action will cause undue harm to the City. The Director of Public Works shall issue a determination upon the protest and notify the protesting party. Minor errors in proposal procedures shall not be grounds for delaying or prohibiting approval of the agreement. L\Engineering\2019CONTRACTS\19-15SWIPPaving\Project_Information\Contract Page 14 of 14 Info\Consulting Agreements\Design and CM\RFP\19-15 RPP_Design and CM_7-12-19.doc Exhibit A City of Oshkosh Professional Liability Insurance Requirements AGREEMENT This AGREEMENT, made on the day of , 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CONSULTANT'S NAME, address ,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 ENGINEERING DESIGN AND CONSTRUCTION ENGINEERING SERVICES FOR SOUTHWEST INDUSTRIAL PARK. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Name-Title 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: Justin Gierach, P.E.-Engineering Division Manager/City Engineer ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CITY'S Request for 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. 1:\Engneering\2019CONTRACTS\19-15SWIPPaving\Project_Informaton\Contract Info\Consulting Page 1 of 7 Agreements\Design and CM\RFP\19-15 Sample Agreement Form_7-12-19.doa 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. I:\Engineering\2019CONTRACTS\19-15SWIPPaving\Project_Information\Contractlnfo\Consulting Page 2 of 7 Agreements\Design and CM\RFP\19-15 Sample Agreement Form_7-12-19.docx 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 CTTY's Request for 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 L\Engineering\2019CONTRACIS\19-15SWIPPaving\Project_lnformation\Contract Info\Consulting Page 3 of 7 Agreements\Design and CM\RFP\19-15 Sample Agreement For n_7-12-19.doa 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. CITY's Request for Proposal dated and attached hereto 3. CONSULTANT's Proposal dated 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 $ ( Dollars). • Attached fee schedule(s)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. I\Engineering\2019 CONTRACTS\19-15 SWIP Paving\Project_Information\Contract Info\Consulting Agreements\Design and CM\RFP\19-15 Sample Agreement Form_7-12-19.docc Page 4 of 7 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. L•\Engineering\2019CON2RACTS\19-15SWIPPaving\Project_Information\Contract Info\Consulting Page 5 of 7 Agreements\Design and CM\RFP\19-15 Sample Agreement Form_7-12-19.dooc 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. L-\Engineering\2019CONTRACTS\19-15SWII'Paving\Project_Information\Contract Info\Consulting Page 6 of 7 Agreements\Design and CM\RFP\19-15 Sample Agreement Form_7-12-19.doa 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: (Seal of Consultant if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: (Witness) Mark A.Rohloff,City Manager And: (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. City Attorney City Comptroller L\Engineering\2019 CONTRACTS\19-15 SWIP Paving\Project_Information\Contract Info\Consulting Page 7 of 7 Agreements\Design and CM\RFP\19-15 Sample Agreement Form_7-12-19.dom Exhibit B Sample City of Oshkosh Professional Services Agreement • 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS III. PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 products— completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations must be carried for 2 years after acceptance of completed work (6) The general aggregate must apply separately to this project/location 3. BUSINESS AUTOMOBILE COVERAGE— If this exposure shall exist: A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol #1 - "Any Auto"— including Owned, Non-Owned and Hired Automobile Liability. III - 1 4/14/14 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY— "If" required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease — Each Employee 5. UMBRELLA LIABILITY - If exposure exists, provide coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of$2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of$10,000. 6. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Professional Liability, Workers Compensation and Employers Liability. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk —City of Oshkosh. III - 2 A`"D' CERTIFICATE OF LIABILITY INSURANCE DATE`MM/D°'""' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Insurance Agency contact NAME: information,including street PHONE Insurance Agent's FAX address and PO Box if (A/C.No.Ext): contact information. (A/C.No): applicable. E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: ABC Insurance Company NAIC# INSURED Insured's contact information, INSURER B: XYZ Insurance Company NAIC# including name,address and phone number. INSURER C: LMN Insurance Company NAIC# INSURER D: Insurer(s)must have a minimum A.M.Best rating of A- and a Financial Performance Rating of VI or better. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE AMY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IDD INSR I VD I POLICY NUMBER (MM/DD/YYY) (MMIDD/YYY) I W LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 PolicyEl 111 effective and expiration date. DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY General Liability Policy Number P PREMISES(Ea occurrence) $50,000 A ❑CLAIMS-MADE®OCCUR MED EXP(Any one person) $5,000 ® ISO FORM CG 20 37 OR EQUIVALENT PERSONAL&ADV INJURY $1,000,000 ❑ GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS_-COMP/OP AGG $2,000,000 1-7 POLICY ®i PRO-❑LOCJECT _ __ $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ®ANY AUTO ® ❑ Auto Liability Policy Number f Policy effective and expiration date. BODILY INJURY(Per person) $ B ❑ALL OWNED ❑ SCHEDULED _AUTOS _ AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE _ AUTOS (Per accident) $ ❑ LI $ ®UMBRELLA LIAB ®I OCCUR ® ❑ EACH OCCURRENCE $2,000,000 A El EXCESS LIAB ❑ CLAIMS-MADE Umbrella Liability Policy Number Policy effective and expiration date. AGGREGATE $2,000,000 ❑DED ]®[RETENTION S10,000 $ C AND EMPLOYERS'L A I Q Y El ❑ ® WC STATU- O TH- ORY LIMITS❑ ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? Y/N Workers Compensation Policy Policy effective and expiration date. E.L.EACH ACCIDENT $100,000 (Mandatory In NH) N Number If yes,describe under E.L.DISEASE-EA EMPLOYEE $100,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A PROFESSIONAL LIABILITY 0 0 - $1,000,000 EACH CLAIM Professional Liability Policy Policy effective and expiration date. $1,000,000 ANNUAL AGGREGATE N„mher - I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Additional Insureds per attached endorsements. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days'prior written notice has been given to the City Clerk—City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh,Attn:City Clerk Insurance Standard III SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE THE EXPIRATION DATE,THEREOF,NOTICE WILL BE DELIVERED IN PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh,WI 54903-1130 Please indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds,the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" This insurance does not apply to "bodily injury" or caused, in whole or in part, by: "property damage" occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- 2. The acts or omissions of those acting on your ment furnished in connection with such work, behalf; on the project(other than service, maintenance or repairs) to be performed by or on behalf of In the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) design- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ • POLICY NUMBER: Policy# COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". Insurance Standard III SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ Exhibit C EDA Grant Award Letter SPECIFIC AWARD CONDITIONS U.S. DEPARTMENT OF COMMERCE (DOC) Economic Development Administration(EDA) ("Government") CONSTRUCTION PROJECTS: Public Works and Economic Adjustment Assistance under Sections 201 and 209 of the Public Works and Economic Development Act(PWEDA) Recipient: City of Oshkosh,WI Project Title: The City of Oshkosh Southwest Industrial Park Transmodal Freight Access Project Project Number: 06-01-06131 1. This EDA Award supports the work described in the approved final scope of work, which is incorporated by reference into this Award, as the Authorized Scope of Work. All work on this Project should be consistent with this Authorized Scope of Work, unless the Grants Officer has authorized a modification of the scope of work in writing through an amendment memorialized by a fully executed Form CD-451. The Authorized Scope of Work for this project is as follows: The Project consists of construction of the Southwest Industrial Park Transmodal Freight Access to improve the access to a city-owned industrial park with a new transload terminal. The scope of work is as follows: 36 feet wide x 4,400 feet long street over an existing gravel street, 36 feet wide x 2,500 feet long street,reconstruct and widen Clairville Road 2,500 feet long with ditching and storm sewer improvements as necessary, modify the driveway into the existing transload terminal, 2,700 feet of storm sewer, wetland modifications,soil erosion and control,site restoration,and all related appurtenances. All dimensions are approximate measurements. 2. The Recipient's Representative is: Mark Rohloff, City Manager City of Oshkosh Phone: 920-236-5002 Email: mrohloff@ci.oshkosh.wi.us The Grants Officer is authorized to award,amend, suspend, and terminate financial assistance awards. The Grants Officer is: Susan Brehm, Regional Counsel Economic Development Administration 230 South Dearborn Street, Suite 3280 Chicago, IL 60604 Phone: 312-789-9749 Email: sbrehm@eda.gov Page 1 of 11 The Federal Program Officer(Area Director) oversees the programmatic aspects of this Award. The Federal Program Officer is: Dennis Foldenauer,Area Director Economic Development Administration 230 South Dearborn Street, Suite 3280 Chicago, IL 60604 Phone: 312-789-9754 Email: dfoldenauer@eda.gov The EDA Construction Project Manager is responsible for day-to-day administration and liaison with the Recipient and receives all reports and payment requests. The Construction Project Manager is: Jerry Figliulo, Construction Project Manager Economic Development Administration 230 South Dearborn Street, Suite 3280 Chicago, IL 60604 Phone: 312-789-9748 Email: gfigliulo@eda.gov 3. ADDITIONAL INCLUDED DOCUMENTS: In addition to the regulations, documents, or authorities incorporated by reference on the Financial Assistance Award form (Form CD-450) the following additional documents are included with and considered to be part of the Award's terms and conditions: • A Recipient's final completed Application(this item not enclosed in this Award package); • EDA Standard Terms and Conditions for Construction Projects; • Any other plans, schedules, or documents included in the original application, including subsequently submitted documentation, attached hereto, not already captured in other documents (if applicable, named in Attachment 1). If there is a discrepancy among these documents, the Specific Award Conditions (this document) and associated attachments hereto shall control. 4. PROJECT DEVELOPMENT TIME SCHEDULE: The Recipient agrees to the following Project development time schedule: Return of Executed Financial Assistance Award 30 days from Date of Award Start of Construction 24 Months from Date of Award Construction Completed 54 Months from Date of Award Authorized Award End Date... 57 Months from Date of Award Page 2 of 11 The Recipient shall diligently pursue the development of the Project so as to ensure completion within this time schedule. Moreover, the Recipient shall promptly notify EDA in writing of any event that could substantially delay meeting any of the proscribed time limits for the Project as set forth above. The Recipient further acknowledges that failure to meet the development time schedule may result in EDA's taking action to terminate the Award in accordance with the regulations set forth at 2 C.F.R. § 200.338. 5. CONSTRUCTION COMPLETION: In keeping with prudent grants management policy, EDA construction projects must be completed within five years from the date the Form CD-450 is signed by the Grants Officer. If construction is not completed by this date and the Grants Officer determines, after consultation with the Recipient,that construction to completion cannot reasonably be expected to proceed promptly and expeditiously,this Award may be terminated. Extensions beyond the five-year project period are exceedingly rare and can be authorized only by the Assistant Secretary. Nothing in this paragraph is intended to alter the Project Development Time Schedule set forth in provision 4 above. 6. PROJECT REPORTING: a. Protect Progress Reports: The Recipient shall submit project progress reports to the Construction Project Manager on a quarterly basis for the periods ending December 31, March 31,June 30,and September 30,or any portion thereof until the final grant payment is made by EDA. Reports should be submitted using the approved EDA template, which will be provided by the Construction Project Manager and discussed during the project kick-off meeting. Reports are due no later than 30 days following the end of the quarterly period. The final report is due no later than 90 days after the Authorized Award End Date. b. Financial Reports: The Recipient shall submit a"Federal Financial Report"(Form SF-425) on a semi-annual basis for the periods ending March 31 and September 30, or any portion thereof, for the entire Award period. Reports are due no later than 30 days following the end of the semi-annual period. The final report is due no later than 90 days after the Authorized Award End Date. 7. ALLOWABLE COSTS AND AUTHORIZED BUDGET: Total allowable costs will be determined at the conclusion of the Award period in accordance with the administrative authorities applicable pursuant to the Financial Assistance Award(Form CD-450), including the applicable Cost Principles and Uniform Administrative Requirements, after final financial documents are submitted. Except as otherwise expressly provided for within these Specific Award Conditions, the Investment Rate for the Award (see 13 C.F.R. §§ 300.3 and 301.4) shall apply to allowable costs incurred by the Recipient in connection with the Project. The Federal share in the allowable costs shall be based on the Investment Rate (see 2 C.F.R. § 200.41). In the event of an underrun in total allowable costs for this Project,the Federal share of allowable costs shall be determined by the Investment Rate established in the Form CD-450, or previously executed Form CD-451. The Federal share of total Page 3 of 11 allowable costs shall not exceed the dollar amount of the original Award and subsequent amendments, if any, absent a determination by the Assistant Secretary (see 13 C.F.R § 308.1). Authorized Budget: a. Under the terms of the Award, the total approved authorized budget is: Federal Share (EDA Amount) $1,500,000 Non-Federal Matching Share $1,500,000 Total Project Cost $3,000,000 b. Under the terms of this Award, the total approved line item budget is: COST CLASSIFICATION Administrative and legal expenses $10,000 Land, structures, rights-of-way, etc. $ -- 0 -- Relocation expenses and payments $ -- 0-- Architectural and engineering fees $ -- 0-- Other architectural and engineering fees $14,000 Project inspection fees $200,000 Site work $ -- 0 -- Demolition and removal $ -- 0 -- Construction $2,676,000 Equipment $ -- 0 -- Contingencies $100,000 Total Project Costs $3,000,000 8. MATCHING SHARE: The Recipient agrees to provide the Recipient's non-Federal Matching Share contribution for eligible Project expenses in proportion to the Federal share requested for such Project expenses (see 13 C.F.R. § 300.3). The Recipient also certifies that, in accepting the Financial Assistance Award,the Recipient's Matching Share of the Project costs is committed and unencumbered, from authorized sources, and shall be available as needed for the Project. The Recipient further acknowledges that,prior to EDA authorizing the construction contract award,the Recipient will provide evidence satisfactory to the Government that all Matching Share funds necessary to complete the Project are available and unencumbered. 9. REFUND CHECKS, INTEREST, OR UNUSED FUNDS: Treasury has given EDA two options for having payments deposited to EDA's account: a. The first one is Pay.Gov. This option allows the payee to pay EDA electronically. The payee will have the option to make a one-time payment or to set up an account to make regular payments. Page 4 of 11 b. The second option is Paper Check conversion. All checks must identify on their face the name of the DOC agency funding the award, award number, and no more than a two-word description to identify the reason for the refund or check. A copy of the check should be provided to the EDA Construction Project Manager. This option allows the payee to send a check to NOAA's Accounting Office, which processes EDA's accounting functions at the following address: U.S. Department of Commerce National Oceanic and Atmospheric Administration Finance Office,AOD, EDA Grants 20020 Century Boulevard Germantown, MD 20874 The accounting staff will scan the checks into an encrypted file and transfer to the Federal Reserve Bank, where the funds will be deposited in EDA's account. While this process will not be an issue with most payees,there are occasionally issues for entities remitting funds to EDA via check. If the Recipient is remitting funds to EDA via check, it should make note of the following: • If a check is sent to EDA, it will be converted into an electronic funds transfer(EFT) by copying the check and using the account information to electronically debit the account for the amount of the check. The debit will usually occur within 24 hours and will appear on any regular account statement. • EDA will not return an original check;the original will be destroyed and a copy will be maintained by EDA. If the EFT cannot be processed for technical reasons,the copy will be processed in place of the original check. If the EFT cannot be completed because of insufficient funds, EDA will charge a one-time fee of$25.00, which will be collected by EFT. 10. USEFUL LIFE: The useful life of this project is hereby determined to be 20 years from the date of construction completion. 11. GOALS FOR WOMEN AND MINORITIES IN CONSTRUCTION: Department of Labor regulations set forth in 41 C.F.R. § 60-4 establishes goals and timetables for participation of minorities and women in the construction industry. These regulations apply to all federally assisted construction contracts in excess of$10,000. The Recipient shall comply with these regulations and shall obtain compliance with 41 C.F.R. § 60-4 from contractors and subcontractors employed in the completion of the Project by including such notices, clauses and provisions in the Solicitations for Offers or Bids as required by 41 C.F.R. § 60-4. The goal for the participation of women in each trade area shall be as follows: From April 1, 1981, until further notice: 6.9% All changes to this goal, as published in the Federal Register in accordance with the Office of Federal Contract Compliance Programs regulations at 41 C.F.R. § 60-4.6, or Page 5 of 11 any successor regulations, shall hereafter be incorporated by reference into these Specific Award Conditions. The goal for the participation of minorities in the trade area shall be as follows until further notice: 0.9% Goals for minority participation shall be as prescribed by Appendix B-80, Federal Register, Volume 45,No. 194, October 3, 1980, or subsequent publications. The Recipient shall include the"Standard Federal Equal Employment Opportunity Construction Contract Specifications"(or cause them to be included, if appropriate) in all Federally-assisted contracts and subcontracts. The goals and timetables for minority and female participation may not be less than those published pursuant to 41 C.F.R. § 60-4.6. 12. PROCUREMENT: The Recipient agrees that all procurement transactions shall be in accordance with the Uniform Administrative Requirements at 2 C.F.R§§ 200.317 through 200.326. 13. ARCHITECT/ENGINEER AGREEMENT: Prior to initial disbursement of funds by EDA,the Recipient must submit to the Government, an Architect/Engineer Agreement that meets the requirements in EDA's Standard Terms and Conditions for Construction Projects, as well as the competitive procurement standards at 2 C.F.R §§ 200.317 through 200.326. The fee for basic Architect/Engineer Services will be a lump sum or an agreed maximum,and no part of the fees for other services will be based on a cost- plus-a-percentage-of-cost or a cost using a multiplier. 14. EVIDENCE OF GOOD TITLE: In accordance with Section L of EDA's Standard Terms and Conditions for Construction Projects,prior to advertising for construction bids, the Recipient shall provide an opinion of counsel, satisfactory to the Government, that the Recipient has acquired good and marketable title to land, free of all encumbrances, as well as rights-of-way and easements necessary for the completion of the project, or of a long-term leasehold interest in accordance with 13 C.F.R. Part 314. 15. NONRELOCATION: In signing this Award, the Recipient attests that the EDA funded project will not be used to induce the relocation or the movement of existing jobs from one region to another region by a primary beneficiary of the Award (see 13 C.F.R. § 300.3). If EDA determines that its assistance was used for such relocation purposes, EDA reserves the right to pursue all rights and remedies, including suspension of disbursements and termination of the Award by agreement or unilaterally for noncompliance; disallowance of any costs attributable, directly or indirectly,to the relocation; and the recovery of the Federal share. For purposes of ensuring that FDA assistance will not be used for relocation purposes, each applicant must inform EDA of all employers that constitute primary beneficiaries of the Project. EDA considers an employer to be a"primary beneficiary"if, in seeking EDA assistance, the applicant estimates that such employer will create or save 100 or Page 6 of 11 • more permanent jobs as a result of the investment assistance and specifically names the employer in its application. In smaller communities, EDA may consider a primary beneficiary to be an employer of 50 or more permanent jobs so identified. 16. PERFORMANCE MEASURES: The Recipient agrees to report on program performance measures and program outcomes in such a form and at such intervals as may be prescribed by EDA in compliance with the Government Performance and Results Act(GPRA) of 1993,and the Government Performance and Results Modernization Act of 2010. At this time, all Awards for construction assistance require Recipients to report actual job creation/retention and private investment leveraged three, six, and nine years after an EDA investment. Recipients are to retain sufficient documentation so that they can submit these required reports. Failure to submit the required reports can adversely impact the Recipient's likelihood of securing future funding from EDA. Performance measures and reporting requirements that apply to program activities funded by this investment will be provided in a separate GPRA information collection document. EDA staff will notify the Recipient in writing within a reasonable period prior to the deadline for submission of the reports with information on how this data should be submitted. The Recipient should ensure adequate and sufficient records are kept to support the methodology for computing initial job and private investment estimates and all subsequent actual performance data calculations so that this information can be made available to EDA during audits or performance site visits. 17. REAFFIRMATION OF APPLICATION: The Recipient acknowledges that its application for this Award may have been submitted to the Government and signed by the Recipient, or by an authorized representative of the Recipient, electronically. Regardless of the means by which the Recipient submitted its application to the Government or whether the Recipient or an authorized representative of the Recipient submitted its application to the Government, the Recipient hereby reaffirms and states that a)all data in said application and documents submitted with the application are true and correct as of the date of this Award and were true and correct as of the date of said submission; b) said application was as of the date of this Award and as of the date of said application duly authorized as required by local law by the governing body of the Recipient; and c) it will comply with the Assurances and Certifications submitted with or attached to said application. The term application includes all documentation and any information provided to the Government as part of, and in furtherance to, the request for funding, including submissions made in response to information requested by the Government after submission of the initial application. 18. RECIPIENT'S DUTY TO REFRAIN FROM EMPLOYING CERTAIN GOVERNMENT EMPLOYEES: For the two-year period beginning on the date the Government executes this Award, the Recipient agrees that it will not employ, offer any office or employment to, or retain for professional services any person who: Page 7 of 11 a. On the date the Government executes this Award or within the one-year period ending on that date, served as an officer, attorney, agent, or employee of the Government;and b. Occupied a position or engaged in activities that the Assistant Secretary determines involved discretion with respect to the Award under PWEDA. The two-year period and associated restrictions referenced above also shall apply beginning on the date the Government executes any amendment to this Award that provides additional funds to the Recipient. 19. EDA PROJECT SIGN: The Recipient must erect and maintain in good condition and repair a sign or signs in accordance with current EDA specifications. Prior to on-site construction, a reproducible photograph of the sign must be submitted to EDA along with evidence that the sign is located at the project site. 20. FREEDOM OF INFORMATION ACT (FOIA): EDA is responsible for meeting its Freedom of Information Act(FOIA) (5 U.S.C. § 522) responsibilities for its records. Department of Commerce regulations at 15 C.F.R. Part 4 set forth the requirements and procedures that EDA must follow in order to make the requested material, information, and records publicly available. Unless prohibited by law and to the extent required under the FOIA, contents of applications and other information submitted by applicants may be released in response to a FOIA request. Applicants should be aware that EDA may make certain application information publicly available. Accordingly, the Recipient should notify EDA if it believes any application information to be confidential 21. MASTER SALES AGREEMENT: Prior to the disbursement of EDA funds,the Recipient shall submit for EDA review and approval a master sales agreement that meets the requirements of EDA's Property Management Standards at 13 C.F.R. § 314, including but not limited to the following provisions: Compliance with EDA Restrictive Covenants Seller and Buyer acknowledge that the premises were improved, in part, with funding from the United States Economic Development Administration(EDA) and are subject to the terms and conditions of the EDA financial assistance award and applicable EDA Property Management regulations. Consequently, all recipients or owners and/or their successors and assigns agree as follows: a. Real property or equipment acquired or improved with EDA Investment Assistance must be used in a manner that is consistent with the authorized general and specific purposes of the financial assistance award and EDA policies including non-relocation, adequate consideration and environmental compliance. Further, said property may not be used in violation of the nondiscrimination requirements set forth in 13 C.F.R. § 302.20 or for inherently religious activities prohibited by applicable federal law. b. Buyer agrees to provide Seller and EDA with any document, evidence or report required to assure compliance with federal and state law, including but not limited to applicable federal and state environmental laws. Page 8 of 11 c. Any deeds or instruments of conveyance shall contain a covenant which shall prohibit the use of the subject property for any purpose other than the authorized purpose of the EDA award. This covenant shall remain in effect for 20 years, the EDA-defined useful life of the facilities. 22. CONSTRUCTION ON PUBLIC HIGHWAY: Recipient acknowledges that the Project involves construction in the right-of-way of a public highway, and warrants (a) that all construction will be completed in accordance with EDA requirements; (b)that it will operate, maintain, and repair all improvements for the Project consistent with the Award for the Useful Life and will be responsible for accomplishing any relocation required by the owner of the public highway, at its own expense, during the Useful Life to ensure that the Project continues to meet the purposes of the Award; and(c) that it will obtain all written authorizations necessary for the Project to be constructed within the public highway, and that such authorizations will not restrict use of the public highway during the Useful Life. 23. ACOE: Prior to Awarding of Construction Contracts for the EDA Project, the Recipient shall provide evidence satisfactory to the Government that it has obtained a Section 404 and a Section 10 Department of Army permit from the U.S. Army Corps of Engineers or that one is not necessary. The Recipient shall comply with any conditions of said permit. 24. SHPO REVIEW: Prior to advertising for bids for the EDA Project,the Recipient shall provide evidence satisfactory to the Government that either the State Historic Preservation Officer (SHPO)has made a determination of no effect or no adverse effect on archaeological or historic resources or, if archaeological or historic studies or mitigation is required by the SHPO or in consultation with the Advisory Council for Historic Preservation(ACHP), that this work was completed to the satisfaction of the SHPO and/or ACHP. 25. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE: a. General Reporting Requirement. If the total value of the Recipient's currently active grants, cooperative agreements,and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Award, then the Recipient during that period of time must maintain the currency of information reported to the System for Award Management(SAM) that is made available in the designated integrity and performance system(currently the Federal Awardee Performance and Integrity Information System(FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph b of this condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended(41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, Page 9 of 11 2011,except past performance reviews required for Federal procurement contracts, will be publicly available. b. Proceedings About Which a Recipient Must Report. The Recipient must submit the information required about each proceeding that: i. Is in connection with the award or performance of a grant,cooperative agreement,or procurement contract from the Federal Government; ii. Reached its final disposition during the most recent five-year period; and iii. Is one of the following: (1) A criminal proceeding that resulted in a conviction,as defined in paragraph e of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty,reimbursement,restitution, or damages of$5,000 or more; (3) An administrative proceeding, as defined in paragraph e of this condition, that resulted in a finding of fault and liability and the Recipient's payment of either a monetary fine or penalty of$5,000 or more or reimbursement,restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if: (a) It could have led to an outcome described in paragraph b.iii(1), (2), or(3) of this condition; (b) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Recipient's part; and (c) The requirement in this condition to disclose information about the proceeding does not conflict with applicable laws and regulations. c. Reporting Procedures. The Recipient must enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph b of this condition. The Recipient does not need to submit the information a second time under assistance awards if it already provided the information through SAM because it was required to do so under Federal procurement contracts that the Recipient was awarded. d. Reporting Frequency. During any period of time when the Recipient is subject to the requirement in paragraph a of this condition, it must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding that it has not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than$10,000,000 must disclose semiannually any information about criminal, civil, and administrative proceedings. Page 10 of 11 e. Definitions. For purposes of this condition; i. "Administrative proceeding"means a nonjudicial process that is adjudicatory in nature in order to make a determination of fault or liability(e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. ii. "Conviction,"for purposes of this condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. iii. Total value of currently active grants,cooperative agreements, and procurement contracts includes (1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. Page 11 of 11 Exhibit D Sample Utility Structure Record Form Manhole Inspection Form Inspector: _ Leigh Schuh MH ID: 0-21 Contractor: PTS Contract No. 19-05 Distance from North-South Street Back-of-Walk: 30' N of S W 18th Ave ft. Distance from East-West Street Back-of-Walk: 30' E of W Oregon St ft. HUB EL: Backsite: H.I.: 768.60 DESCRIPTION FORESIGHT ELEVATION SIZE MATERIAL TYPE AT INVERT West 17.17 751.43 8" PVC South 17.17 751.43 8" PVC DATE INSTALLED 5-14-2019 MH TYPE STO INLET (AN) PRECAST YES 8" NORTH CONC. BRICK CONC. BLOCK 8° MH SIZE 4' diamh ECC CONE (YE. NO DECK SIZE CASTING DEPTH 4" 6" 431 ADJUSTMENT AInspector Signature: Date: ! 4/i c3 1 , ' Engineering Design and ' Construction Engineering ' Services for Southwest Industrial Park 1 RFP 19-15 1 1 RECEIVED Proposal AUG - 1 2019 City of Oshkosh, WI O� NU13L O°NSt DOST HKosH, �sIC1N August 1, 2019 111 Strand Associates, Inc® " 910 West Wingra Drive Madison,WI 53715 ' (P)608 251 4843 STRAND (F)608-251-8655 ' ASSOCIATES' July 31,2019 ' Mr.Justin Gierach,P.E. Engineering Division Manager/City Engineer 215 Church Avenue City of Oshkosh Oshkosh,WI 54903-1 1 30 Re: Engineering Design and Construction Engineering Services for Southwest Industrial Park, RFP 19-15,City of Oshkosh,Wisconsin Dear Mr.Gierach: ' Strand Associates,Inc.®is pleased to provide this proposal to the City of Oshkosh for Engineering Design and Construction Engineering Services for the Southwest Industrial Park. Selection of our firm will provide the City with complete design services that meet the City's needs and expectations.This is supported by the following factors: • Smooth negotiation of the Economic Development Administration(EDA)process assures ' successful design of the City's Southwest Industrial Park. • A high-quality design helps promote the significant investment in the transload area. ' • Extensive relevant experience proven by a significant number of successful industrial park projects instills confidence. ' • Key construction representation and documentation requirements are necessary for the City and EDA final acceptance. If there are any questions concerning our proposal,my contact information is listed below: Matthew A.Yentz,P.E.,Senior Associate Project Manager ' Strand Associates,Inc.® 910 West Wingra Drive Madison,WI 53715 Phone: 608-251-4843/Fax: 608-251-8655 E-Mail: Matthew.Yentz@Strand.com I look forward to continuing to work with and assist the City. ' Sincerely, STRAND ASSOCIATES,INC.® ' Matthew A.Yentz,P.E. Senior Associate ' P 190.317/MY:tk www.strand.com ,��7`, STRAND ASSOCIATES Firm Profile More Than 73 Years of Service Signifies Organizational Strength and Commitment to Quality IWe have been providing exceptional civil and environmental engineering services to our clients since 1946.We attribute our organizational strength to our talented engineers, ,,, I effective management,and,most of all,commitment to nurturing long-term client ' relationships. • eniMINE - Our Corporate Mission states that we are dedicated to helping our clients succeed I through excellence in engineering. In accordance with this mission,we are continually Corporate office in expanding our staff and service offerings to broaden our base of experience and Madison,Wisconsin. knowledge so that we can provide more creative and comprehensive solutions to meet the I continually evolving needs of our clients.Our areas of specialization include civil and municipal engineering;stormwater management;water supply engineering;wastewater th treatment and conveyance engineering;transportation engineering;electrical and HVAC engineering;building/facility engineering,architecture,and sustainable design;aviation; natural gas distribution;wetland delineation,mitigation,and restoration;ecosystem study and restoration;GIS and mapping;land development;construction observation;and financial assistance services. ITo serve our national client-base effectively,we have 11 offices throughout the country, TOP DESIGN FIRM o including offices in Madison and Milwaukee,Wisconsin;Indianapolis and Columbus, Indiana;Columbus,and Cincinnati,Ohio;Joliet,Illinois;Lexington and Louisville, I Kentucky;Phoenix,Arizona;and Brenham,Texas. Reliable consulting service has cultivated long-standing client I relationships. Our clients rely on us as a partner in addressing their engineering and science needs. Our commitment to We develop and maintain long-standing affiliations,many extending into several decades long-term client of service.Our service is flexible and tailored to the unique needs of each of our clients. relationships is a For some clients,we serve as appointed engineers and are active committee members; major factor in our for others,we serve as specialty consultants to their in-house staff on an as-needed basis. success. We understand the value our clients place on consistency of personnel and continuity ' in project development.Accordingly,we expend every effort to make sure that the team initially chosen is involved with a project from beginning to end. I High level of service made possible because of dedicated, results-oriented staff. Clients fmd reassurance in the fact that each of our engineers is supported by the 9% 12°,, I expertise of a multidisciplined engineering firm.This approach enables use of all our 8,, firm's resources while maintaining the personal involvement associated with a single 71% point of contact;a person who has been trained to provide assistance through planning, design,and implementation. IOur expert staff of 435 employees embody the academic backgrounds and experience of • Professional Engineers/ all disciplines normally necessary to complete a project successfully.More than Specialists 60 colleges and universities are represented on our staff.Our engineers average more • Other Professionals I than 12years of experience and the majority are licensed or have advanced degrees. • Technical Support p ty ■ Administrative Support We are owned and operated by our active engineering staff. I I City of Oshkosh,WI I Engineering Design/Construction Engineering Services for SW Industrial Park-RFP 19-15 Page 1 I ,,,,?Almod STRAND • ASSOCIATES I Our approach provides high quality infrastructure and smoothly negotiates the EDA process for the aviation business park expansion. We have an experienced team with a proven history of delivering projects on time. We We are committed to I are committed to delivering the Southwest Industrial Park expansion on time for the City. delivering the Our experience working with multiple stakeholders and successfully delivering a project Southwest Industrial involving multiple permitting authorities will be a key element in timely delivery. Park expansion on I time for the City. Our familiarity with the City Engineering Department's procedures and our ability to deliver complex projects is well-documented. We have specifically chosen our team based on not just their familiarity with the City,but the City's familiarity with them. I Each team member has worked on our previous projects with the Engineering Department. The design challenges of the street,utilities,and site grading are traditional challenges, Iincluding wetlands,utility profiles,and drainage. Our approach and ability to meet these traditional or technical design challenges is well-known to Oshkosh;therefore,our approach will focus on the EDA process. The EDA process is not technically I challenging,but it requires an organized engineer with attention to detail and a respect for the EDA process. EDA familiarity and proven success provide confidence full reimbursement 1 will be received. EDA grants are reimbursement grants,making the City responsible to pay for the The engineer plays a I improvements,but the City will be reimbursed the amount of the grant under the significant role in the condition the EDA process is followed. Full reimbursement is the monetary goal of all EDA process: EDA grant recipients. The engineer plays a significant role in the EDA process; therefore. selecting an therefore,selecting an engineer with proven EDA experience is critical to receiving full engineer with proven I reimbursement.We are familiar with and have many successfully completed projects that EDA experience is have followed the EDA process. Our recent EDA projects all included a Construction critical to receiving Management Conference with our EDA project manager where we received the full reimbursement. appropriate grant administration documents. Familiarity with these documents is critical I to achieving project success. There are numerous steps that need to be followed in a specific order and submitted on a timely basis. I There is a six-step Construction Grant post-approval process. Familiarity with administering EDA grant requirements is critical to make sure the proper documentation is provided when necessary. We have outlined the six steps and listed the relevant documents we have reviewed;we are very familiar with each of the six steps. I _..._ O FDA Construction Grant Post Approval PranK, DISBURSEMENT `—`o -- �- PROCEDURE 2 -EE / I _ y :.-s._�- 1 AND SCHEDULE _ =_' &`' _ CZ ,it, E ......""r.:=7'' i _ y�A �r._.nm T - _--- au. �• LY IS I Alit _ �__ ,_� ` t arms.. 144k4,i44 A .__ .......... . _ ,..,_ , „,,,........ .......,... illosienim Critical Step in EDA process for full reimbursement. EDA s six-step post-approval process. I City of Oshkosh.WI I Engineering Design/Construction Engineering Services for SW Industrial Park-RFP 19-15 Page 3 4..71 STRAND I Construction Testing 1 • Testing requirements: o Mass Site Grading (if required)—each lift at 100 ft grid. o Trench Backfill—Vertically at approximately 1/3, 2/3, and completion of backfilling, horizontally at the discretion of the consultant. I o Label tests reports by station, elevation, utility trench-type. o Notify City and contractor of failing tests. o Obtain and tests samples of backfill material and onsite soil to determine maximum density and optimum moisture content. I o Prepare and test concrete cylinders for compressive strength. o Perform concrete air tests. Construction • Maintain correspondence files for: IDocumentation o Project meetings. o Shop drawings. o Contract documents, addenda, field orders, change orders, and construction bulletins. I o Daily reports from onsite field representative. o Structure construction form. • Prepare Field Representative redline working plan set. I • Prepare record drawings. • Prepare density test data for accessing through GIS. • Provide an electronic copy of all documents to the City upon completion of the project. I • Conduct final inspection with City. • Prepare and issue Certificate of Substantial Completion after final punchlist is .re.ared. I Construction Management - • Assist City with grant quarterly reports, reimbursement, and final reports. • Review Contractor's schedule, submittals, and schedule of values of completed work. • Serve as City's agent and liaison between City and contractor. I .-..• .. • Make periodic site observations(by project manager)to determine if work is generally proceeding in accordance with contract documents. • Respond to contractor's requests for information. I • Prepare agenda, attend, and provide minutes for weekly progress meetings. • Prepare contract field modifications and contract change orders. • Maintain records of: o Daily and weekly quantities. o Workdays lost because of weather. o Information relative to contractor requests for extra work. • o Contractor daily activities. • o Decisions made relating to deviations from the contract documents. I o Observations of the work. • Prepare month) completed work suantities. Construction Survey • Perform construction staking for entire project per City standards. I • Establish benchmarks and horizontal control to facilitate GPS-controlled construction equipment. • Provide spot-checks of contractors work for compliance with the design drawings. • Perform Record Drawing survey. • Provide AutoCAD drawing file of information gathered. I Our CRS approach delivers high-quality infrastructure and smoothly negotiates the EDA process for the Southwest Business Park. We have an experienced CRS team with a proven history of successfully shepherding I infrastructure projects through construction. We are committed to delivering the Southwest Business Park improvements for the City.Our experience working with multiple stakeholders and successfully delivering a project through construction involving I multiple permitting authorities and funding sources,will be a key element in project success. ICity of Oshkosh.WI I Engineering Design/Construction Engineering Services for SW Industrial Park-RFP 19-15 Page 5 I .7.1 STRAND • ASSOCIATES I curb and gutter,sidewalk,rural and urban streets,utility and railroad coordination, agency and public involvement,and ROW plats and acquisition. Matt's overall experience and his success completing complex and multiyear engineering projects on I time and on budget,with a high level of service to the client,will be invaluable to the success of the City's upcoming infrastructure projects. Quality Control Engineer I Mark A.Fisher,P.E.,Senior Associate,has 27 years of experience in the municipal engineering field and will serve as our QC Engineer.Throughout his career with our Alkill firm,Mark has focused on serving municipal clients with a wide variety of infrastructure needs on an on-call basis.This has included projects ranging from stormwater frit; I conveyance and management to street and utility reconstruction projects in congested urban areas.As a result,he is an outstanding technical resource for our staff and has the ability to effectively contribute to QC review efforts. Mark specializes in street t 4 I and utility design and construction projects. He currently serves as the City Engineer for Lancaster and Whitewater and is an Engineering Consultant for the City of Dodgeville Mark is an and the City of Stoughton. He has completed dozens of municipal urban reconstruction outstanding technical projects in numerous communities as well as industrial park projects in Whitewater and resource for our staff. II Middleton. Mark's attention to detail both in design and construction issues is a significant asset to the communities that he serves. Mark's experience makes him one of our primary QC Engineers. He will make sure the site,utility,and roadway elements Imeet current standards and the City is pleased with the results. Stormwater Engineer Michael A.Williams,P.E.,will serve as the Stormwater Model Engineer. He will be I responsible for developing the hydrologic and hydraulic models for the project and will be the lead designer for proposed drainage improvements. Mike has more than 13 years X.it of experience with stormwater management,including hydrologic/hydraulic modeling, I watershed planning and management,streambank restoration and design,stormwater detention basin design and rehabilitation,and design of Best Management Practice (BMP)measures. He has developed stormwater management plans using programs such Mike served as the as XP-SWMM(1D and 2D),StormCAD,HEC-HMS,HydroCAD and HEC-RAS. Mike Lead Stormwater ' is instrumental in providing in-depth design and preparation of construction drawings and and created specifications for new storm sewer,stormwater ponds,rehabilitation and dredging of the X Engineer eer and model for all of our recent existing stormwater ponds,and streambank and shoreline restoration. stormwater projects in I Oshkosh. Mike has been involved in planning projects that entailed detailed hydrologic/hydraulic modeling that has led to design. Mike served as the Lead Stormwater Engineer and created the XP-SWMM model for all our recent stormwater projects in Oshkosh. His I experience in stormwater management and knowledge of the City's goals/needs makes him an excellent fit for this project. I Quality Control —Stormwater Analysis Mark K.Shubak,P.E.,CFM,Senior Associate,has 25 years of practical experience as a stormwater and water resource engineer.Mark's background includes hydrologic and /11 hydraulic(H&H)analyses(using a variety of software packages),watershed master I planning,design,and construction-related services for stormwater conveyance and storage facilities,stormwater utility planning and implementation,floodplain and floodway studies and mapping,Phase 1 and 2 NPDES stormwater permitting,stormwater Mark's background I grant writing,municipal plan review,and floodplain and stormwater ordinance includes hydrologic and development and enforcement. Through his QC reviews,he will make sure that project hydraulic analyses. benefits are both sound and maximized. I I I City of Oshkosh.WI I Engineering Design/Construction Engineering Services for SW Industrial Park-RFP 19-15 Paae ��7�, STRAND I • Design utilized Bulletin 71 rainfall amounts and Huff rainfall distribution after consideration of TP-40 rainfall/SCS Type II distribution to meet the City's 1-2- 10-and 100-year detention requirements. When compared to historical rain events in Oshkosh, the Bulletin 71/Huff methodology provided significantly better performance than TP- 40/SCS Type II methodology. We provided construction staking,a resident project representative,and construction administration to see the project through to successful completion in 2016. Honey Creek Business Park— Plain. WI Reference: Shawn Murphy, 608-545-0020 As the engineering consultant for the Village of Plain,we assisted the Village in securing The project involved approximately$3.4 million in grant funds from the Economic Development the design. bid, and Administration,Wisconsin Department of Commerce,and the WDNR for the construction ' construction of the Honey Creek Business Park and Green Technology Training and management of the Enterprise Center(Green-TTEC).The project involved the design,bid,and construction business park management of the business park infrastructure,which included sanitary and water main infrastructure. design,stormwater management facilities,30 acres of site grading,street design,and ' highway access improvements.Although this project was located on Village-owned farmland,the project had several challenges. Some of those challenges included a floodplain analysis,major fiber-optic relocation because of extensive site grading,WDNR and WisDOT permitting,and coordination with the various funding agencies.Design of the project began in 2009 and the project was bid and constructed between 2010 and 2011. Within this business park,a training facility and incubator building was constructed as part of the grant funding.The facility will provide regional workforce training and business development in the green-building and green-energy trades,construction,manufacturing,agriculture,and other areas. We worked with the Village's architect for the new building to perform site civil design and grant administration services.The Green-TTEC facility received a LEED Silver certification. I ' Earth moving operations at the business park site. Development of the Honey Creek Business Park in Plain included an incubator building for use as a training center for green technology. ' Arrow Ridge Business Park— Lancaster, WI Reference: John Hauth,DPW,608-723-7543 We assisted the City with the development of the Arrow Ridge Business Park. The new Phasing allowed the business park site was selected based on availability of land,access and visibility from City to take advantage existing highways,and proximity to existing residential areas. The business park was of several available developed in three phases over a 3-year period. Phasing allowed the City to take funding opportunities. advantage of several available funding opportunities,including Tax Incremental ' Financing(TIF),Wisconsin Department of Commerce-Community Development Block Grant(CDBG),WisDOT-Transportation Economic Assistance(TEA),and the United States Department of Commerce-EDA funds. The business park project included ' approximately 2,600 linear feet of new street and utilities,highway intersection improvements,four stormwater detention basins,and a 500,000-gallon elevated tank. 111 City of Oshkosh. INI I Engineering Design/Construction Engineering Services for SW Industrial Park-RFP 19-15 Page 9 I . I Matthew A. Yentz, P.E. Senior Associate I AREAS OF EXPERTISE I • Project Management • Street Design and Reconstruction • Utility Engineering • Construction Management I PROFESSIONAL EXPERIENCE YEARS OF EXPERIENCE 27 I Consulting Engineering experience in the areas • Southwest Bike Pedestrian Path Phase 4— of municipal and transportation engineering, Madison,Wisconsin YEARS WITH FIRM utility engineering,and construction engineering. • Rock River Parkway and Ice Age Bike 26 I Served as project manager for several municipal Pedestrian Path—Janesville,Wisconsin and Wisconsin Department of Transportation • Gateway Boulevard—Beloit,Wisconsin (WisDOT)projects. • West Main Street and CTH C—Sun Prairie, EDUCATION Wisconsin B.S.Civil/Environmental Utility Engineering experience includes • East Second Street—Merrill,Wisconsin Engineering—University of collection and distribution system evaluations; Wisconsin-Madison,1991 and the design of sanitary sewer,water main,and Municipal and Transportation Engineering i storm drainage facilities for municipal and WisDOT projects,including new subdivisions experience includes design of urban and rural streets and familiarity with the WisDOT process, REGISTRATION and upgrades to existing facilities. review of subdivision development proposals, Professional Engineer in Ohio and development of grading plans. j and Wisconsin I A select list of Wisconsin communities where Matt has provided the above services,includes: Site Design experience includes numerous • City of Madison,Wisconsin school sites,commercial and retail I • City of Oshkosh,Wisconsin developments,parking lots,athletic fields and • City of Janesville,Wisconsin bus transfer facilities. • City of Beloit,Wisconsin • City of Milton,Wisconsin Construction Engineering experience includes I • City of Merrill,Wisconsin staking,observation,and construction • City of Monona,Wisconsin administration for numerous urban street, • City of New Berlin,Wisconsin sanitary sewer,water main,and storm drainage I projects. Multimodal Transportation Facilities experience includes numerous municipal bike Land Surveying experience includes surveying path projects that incorporated AASHTO design native claim allotments in Alaska,and I standards,extensive coordination with railroads, engineering surveys for municipal street and land acquisition,and coordination with utility projects,as well as the WisDOT easement regulatory agencies:WisDOT,Wisconsin and right of way procurement process. I Department of Natural Resources(WDNR), Army Corps of Engineers,State Historical and Dredging experience includes hydraulic and Archaeological Society.Standalone multimodal mechanical dredging with complementary facilities and roadway projects that incorporated streambank restoration,habitat enhancement, I multimodal facilities include: and public amenities on Sawyer Creek in • Blackhawk Bike Path and Pedestrian Path— Oshkosh,Wisconsin. Shorewood Hills,Wisconsin I . Nesbit Road,McKee Road(CTH PD),and PROFESSIONAL AFFILIATIONS Lacy Road—Fitchburg,Wisconsin • Koeller Street Pedestrian Path—Oshkosh, • American Society of Civil Engineers e. Wisconsin _ I STRAND ASSOCIATES I . I Mark A. Fisher, P.E. Senior Associate I AREAS OF EXPERTISE I • Municipal Engineering • Street and Utility Design and • Wastewater Conveyance Construction • Water Distribution Systems PROFESSIONAL EXPERIENCE YEARS OF EXPERIENCE 28 Municipal Engineering experience includes Construction Administration experience street and utility design,construction includes work on general municipal projects and YEARS WITH FIRM observation,and contract administration; wastewater treatment facilities. 28 I stormwater management studies;bike path • Downtown East Gateway design and construction;easements;site design; Reconstruction—Whitewater, survey work;grant administration;and Wisconsin—Project Manager for subdivision reviews. Area of specialty includes $2.4 million reconstruction near the city's EDUCATION I street and utility reconstruction projects in historic downtown area.Infrastructure B.S.Civil Engineering— congested urban environments.Serves as included utilities,storm sewer,street University of Wisconsin- City Engineer for Lancaster and Whitewater, construction/realignment,street lighting, Platteville, 1990 I Wisconsin,and is a municipal consultant for two other cities. streetscaping,and a railroad crossing. The project is located near Cravath Lake and Whitewater Creek,which required REGISTRATION Business Park Development experience extensive interaction with regulatory I includes planning,design,construction agencies. • Professional Engineer in observation,and contract administration for • Lake Como Sanitary District, Wisconsin projects in Whitewater,Lancaster,and Wisconsin—Led the fast-track design of I Darlington,Wisconsin. new sewer and water systems for a 1,000-home subdivision with failing well Wastewater Conveyance experience includes and septic systems on the shores of Lake sewer service planning studies for areas up to Como.This$25 million project included I 2,600 acres. Design experience includes several miles of sanitary sewer and water intercepting sewers,pumping stations,force main,four pumping stations,well and main,and regulatory approvals. Led project water treatment facility,and office I team on fast-track design of sanitary sewers and building. pumping stations to serve approximately • Bee Branch Channel Restoration— 1,000 homes in an unsewered subdivision. Dubuque,Iowa—Team resource and Construction experience includes contract Quality Control Engineer for the Bee I administration and construction observation of interceptors and pumping stations. Branch Channel Restoration project in Dubuque.This multiphase project,valued at more than$40 million,will provide ` Water Distribution System experience includes flood mitigation in a heavily urbanized computer modeling of existing distribution part of the city by removing dozens of systems and proposed system improvements, homes and recreating a natural channel including elevated tanks,multiple pressure with environmental and recreational I zones,and booster pumps as well as construction amenities.Extensive channel grading observation for water main installation and required significant utility relocations. booster pumping station construction. • Lick Run Valley Conveyance System I Design—Metropolitan Sewer District of Greater Cincinnati,Ohio—Mark is providing quality control services for the �' 11 channel and utility construction 6 STRAND ASSOCIATES I . . I Michael A. Williams, P.E. I I AREAS OF EXPERTISE • Stormwater Conveyance • Pollutant Loading and Management • Hydrologic and Hydraulic Modeling and Storage Design I • Stormwater Management Planning • Municipal Engineering • Utility Engineering PROFESSIONAL EXPERIENCE YEARS OF EXPERIENCE lg I Stormwater experience includes hydraulic and detention.Also used WinSLAMM to model hydrologic modeling,storm sewer and base,existing,and proposed conditions of YEARS WITH FIRM detention basin design,streambank stabilization pollutant loading within the Village. 18 I and restoration,flood plain analysis,pollutant Recommended the use of several BMPs to loading and management modeling,and lower the pollutant loading to meet NR 151 EDUCATION construction observations. Phase II requirements. B.S.Civil/Environmental I Hartland,Wisconsin—Performed water Bristol,Wisconsin—Performed water quality Engineering—Iowa State quality modeling;created drawings and modeling using WinSLAMM to model baseline University,Ames,2000 specifications,and performed construction existing and proposed condition pollutant I management for the BRC detention basins in loading within Phase 2 areas.Recommended the REGISTRATION the Village.These ponds will help close the use of several new BMPs to meet WPDES 20 TSS reduction gap for the Village's MS4 Phase and 40 percent TSS reduction. Professional Engineer in the state of Wisconsin I II permit WinSLAMM Modeling—Provided technical Oshkosh,Wisconsin advising on the use of WinSLAMM for • Performed a hydrologic and hydraulic numerous permit-related projects,including I analysis of the Campbell Creek Watershed. application of the Wisconsin Department of This project included the use of Natural Resources(WDNR)guidance. XP-SWMM and XPSWMM-2d to analyze the existing drainage system and available Lick Run Valley Conveyance System I alternatives,including storm sewer Planning and Design—Metropolitan Sewer upsizing and new detention basins. District of Greater Cincinnati,Ohio— • Performed hydrologic and hydraulic Assisted with modeling for the Lick Run I analysis of the Sawyer Creek watershed. Valley Conveyance concept development, This project included the use of HEC-HMS master planning,and design efforts.This and HEC-RAS to analyze the existing project used the HEC-HMS program to I drainage system and available alternatives, generate hydrology,hydrographs,and including several regional detention basins XPSWMM for the design of storm sewer and and streambank restoration. channel conveyance. I New Glarus,Wisconsin—Performed a This project included 55,000 feet of storm hydrologic and hydraulic analysis of the New sewer and restoration of the historic Lick Run Glarus Watershed to investigate recurrent channel.Mike led the water quality analysis I flooding problems.Utilized TR-20 and for the project.Using WinSLAMM, Storm-CAD models to analyze the existing modeling,Mike was able to incorporate storm sewer system and create alternatives, proposed bioinfiltration basins,treatment including storm sewer reconstruction and new devices,a forebay,and an online pond into I SENFA 1 I STRAND ASSOCIATES' I . . I Mark K. Shubak, P.E. , CFM Senior Associate I I AREAS OF EXPERTISE I • Stormwater Management and • Floodplain and Floodway Studies • Hydrologic and Hydraulic Modeling Permitting I • Highway Drainage Engineering • Municipal Engineering • Site Civil Planning and Design PROFESSIONAL EXPERIENCE YEARS OF EXPERIENCE 25 I Stormwater Management and Permitting Floodplain and Watershed Management experience includes stormwater master planning, experience includes hydraulic and hydrologic YEARS WITH FIRM conservation and sustainable site design, modeling,watershed planning,shoreline and 18 I stormwater conveyance and storage facility design streambank stabilization/restoration,bridge for residential and commercial developments,soil hydraulics,floodplain and floodway analysis, erosion control design and monitoring,stormwater floodplain mapping,and FEMA NFIP EDUCATION review engineer for municipal and county requirements and standards. B.S.Civil Engineering- Igovernments,and permitting experience with University of Wisconsin- various municipalities,counties,and regulatory Streambank Restoration Project Platteville,1993 agencies.Performed permitting/planning services experience includes several projects inI - that included stormwater system mapping, Wisconsin,Illinois,Iowa,and West Virginia to stormwater and erosion control ordinances,public restore highly degraded urban streams.These REGISTRATION information and education programs,illicit projects incorporated the following streambank Professional Engineer in discharge detection and elimination,stormwater restoration techniques:vegetated geogrids, Wisconsin,Illinois,Iowa, I pollution prevention plans(SWPPs),annual vegetated boulder revetments,sack gabions, and Ohio reporting and stormwater quality management gabion mattress,instream ledge rock drops,coir planning including Stormwater Best Management fiber rolls,riprap,erosion mat(temporary and I Practice(BMP)alternatives analysis and design. permanent),articulated concrete blocks,and in- line stormwater treatment devices.Project Stormwater Utility experience includes assisting highlights have included serving as the lead municipal clients with development of stormwater stormwater and hydraulic engineer on the$25 I utility feasibility studies and implementation plans, million Bee Branch Creek Restoration project in performing stormwater utility rate studies and cash the City of Dubuque,Iowa. flow analyses,leading and facilitating stormwater I utility task force groups and technical advisory Highway Drainage Engineering experience committees,generating public education and includes comprehensive stormwater drainage information programs,drafting stormwater utility analysis and design for major highway and ordinances and credit policies. bridge projects for Wisconsin Department of I Best Management Practice Evaluation and Transportation(WisDOT),Illinois Department of Transportation(IDOT),and Illinois State Toll Design experience includes managing wet weather Highway Authority.Projects have included I with various stormwater green infrastructure stormwater master planning and design for the technologies such as wet detention basins, Highway 51/29 corridor in Marathon County, bioretention ponds,constructed wetlands, Wisconsin,Highway 12 between Baraboo and infiltration basins,vegetated swales,rain gardens, Lake Delton,Wisconsin,Verona Road/West I green roofs,rain harvesting,downspout disconnection,permeable pavements,and Madison Beltline in Madison,Wisconsin,and Open Road Tolling Plazas in DeKalb and Dixon, establishment of riparian buffers. Illinois. I heti I STRAND ASSOCIATES 1 . . I James R. McCarthy I I AREAS OF EXPERTISE • Environmental Analysis,Habitat • Wetlands,Ecological Restoration, • Land Acquisition Agency Assessment,and Landscape Review and Land Management Coordination and Permitting I PROFESSIONAL EXPERIENCE YEARS OF EXPERIENCE 30 I Wetland,Waterway,and Riparian Area Right of Way(ROW)Acquisition has included Design for traditional,native landscaping,urban the broad aspects of eminent domain procedures YEARS WITH FIRM channel design,bioengineering,green for municipal,state,and federal projects. 25 I infrastructure,and ecological restoration Primary agent and negotiator for various techniques.Efforts include delineating more than municipal and transportation/conveyance 260 sites in commercial/public sector and projects totaling more than$13 million. assessing impacted wetlands/habitats. Responsibilities include public meetings and EDUCATION I Responsible for identifying and implementing landowner contact and preliminary land M.S.Plant appropriate avoidance-minimization-mitigation acquisition feasibility.Assign surveyors, Biology/Restoration techniques.Employs innovative restoration, designers,plat developer,and management Ecology—Southern Illinois I stabilization and Best Management Practices on agencies on access and right of way projects. University,Carbondale, multidisciplinary water resource projects. Illinois, 1996 Private Lands/Wetlands and Habitat Ecological Restoration,Environmental Restoration and Management experience B.S.Environmental Studies— I Coordination,and Permitting for corporate included USFWS and WDNR employment and Wilmington College, civil engineering projects including habitat contracting for biological surveys,assessments, Wilmington,Ohio, 1987 delineation,mitigation,landowner contact, and proposals/analysis for grant funded site acquisition feasibility,and agency coordination. acquisition.Restoration of historical grassland, I Responsible for Section 404/401 and Endangered Species Act permitting and forest,and wetland communities.Developed and implemented low-impact vegetative management monitoring of local,state,and federal sites. of waterfowl production areas through I Personally involved in selection,evaluation,and alternative techniques. design of more than 32 wetland and riparian mitigation and conveyance sites.Author of PROFESSIONAL AFFILIATIONS environmental assessments with EIS natural I environment,resource data,and alternatives • Arborist,International Society of analysis responsibilities. Arboriculture Stormwater Corridor Assessment and Green • Certified Wetland Specialist,Lake and Kane I Infrastructure Design—Assessment and design County,Illinois,2002-2019 Current and of site-specific wetland,rain garden,stream,and Member of Wisconsin Wetland Association, channel restoration plans. Recent efforts have I included extensive watershed and environmental • Past Area Governor 2009 and Past President corridor designs in University of Wisconsin- 2014,District 35,Toastmasters International Madison(UW-Madison)Arboretum,and urban and rural Midwest stream corridor • Past USDA-NRCS Code 580-Streambank I improvements.Assists on environmental aspects and Shoreline Protection—Assessment, of Leadership for Energy and Environmental Standards Revision Team Member Design(LEEDTM),green and industrial facilities. I 6:17A I STRAND ASSOCIATES I . i Heather S . Bartelt, PLS I I AREAS OF EXPERTISE I • Surveying • CADD Design • 3-D Laser Scanning PROFESSIONAL EXPERIENCE Y9 YEARS OF EXPERIENCE I Surveying and Data Collection experience includes use of GPS and Total Station equipment YEARS WITH FIRM I to accomplish the following: 19 • Property surveys • ALTA surveys EDUCATION • Construction staking and layout • Construction staking verification Associate Degree,Civil • Final cross-sections Engineering Technology— • Topographic surveys Madison Area Technical I • Survey and data reduction and modeling College,Wisconsin, 1999 using 3-D laser scanner • Hydrographic surveys of lake and river REGISTRATION I bottoms Professional Land Surveyor in Computer-Aided Design and Drafting Wisconsin (CADD)experience includes the use of I Microstation,Civil 3-D,Autodesk Recap, EaglePoint,Geopak,Leica Cyclone and Cloudworx for the following: I • Processing construction layout information • Processing final cross-sections and generating earthwork quantities • Drafting plans I • Right of way plats(traditional and transportation project plats) • ALTA surveys,certified survey maps,and I easements • Plant and pump station piping models • Creating digital terrain models • Creating 3-D drive-through models Design experience including storm sewer and landscaping. IPROFESSIONAL AFFILIATIONS • Member of Wisconsin Society of Land ISurveyors 1 ,47A 1 STRAND RECEIVED AUG - 1 ?019 DEPT OF PUBLIC WORKS HOURS PER ITEM OSHKOSH, WISCONSIN Project HOURS COST e r PM Engineer Tech Clerical PER ITEM PER ITEM` WORK PLAN ITEM M( � 9 1.Design Services I� ' 0 $0 A. Geotech Investigation i1 8 1 10 $1,300 B.Topographic Survey 2 20 1 23 $3,000 C.Sanitary Sewer Design 2 20 1 23 $3,000 D.Street Design 60 240 16 316 $44,900 E.Storm Sewer Design 16 80 2 98 $13,800 F.Storm Water Management Plan Design 4 32 2 38 $5,100 G.Water Main Design 1 16 1 18 $2,300 H.Street Lighting Design-None 0 $0 I.Master Site Grading Design 4 32 1 37 $5,000 J. Permitting/Agency Coordination 40 80 32 16 168 $23,600 K.Plan Preparation 16 40 750 2 808 $83,800 L.Contract Manual Preparation 8 40 16 64 $8,200 M.Utility Coordination 1 12 1 14 $1,800 N.Construction Review 1 16 1 18 $2,300 O.CADD Files 4 8 1 13 $1,400 P.Meetings 60 18 78 $15,000 Q.Plat Preparation-None 0 $0 2.Bidding Services A.Answer questions during bidding 8 16 24 $3,800 B.Prepare addenda if necessary 1 8 4 13 $1,600 C.Pre-Bid Meeting 8 8 4 20 $3,100 D.Review proof of bidder's qualifications 2 4 2 8 $1,100 E.Prepare recommendation of award 2 4 6 $800 3.Construction Related Services A.Preconstruction Services 20 40 8 8 76 $11,000 B.Construction Observation(20 weeks+8 w/2 people) 40 80 1400 24 1544 $161,000 C.Construction Testing(PSI) 0 $20,000 D.Construction Documentation 24 40 80 24 168 $20,400 E.Construction Management 40 80 40 24 184 $25,000 F.Construction Survey 4 20 240 264 $27,400 Total Design Services 216 640 790 80 1726 $214,500 Total Bidding Services 21 36 0 14 71 $10,400 Total Construction Related Services 128 260 1768 80 2236 $264,800 Total Hours Per Team Member=> 237 676 790 94 1797 $489,700 Strand Associates, Inc:' � 1 910 West Wingra Drive Madison.WI 53715 '> F (P)608-251-4843 STRAND (F)608 251 8655 ASSOCIATES' • Consultant's hourly billing rates are as follows. 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 1 MAY:JJS:gjc1R:\MAD'Documents\Agreements\O\Oshkosh,City of(Wl)\SWlndustrialParkDesign&ConstEng.20I9Wgr\Exhibits\1382.075.RateTblExhibit.docx ;r:-r sn www.strand.com / 7 ® DATE(MM/DD/YYYY) ACO0R'J CERTIFICATE OF LIABILITY INSURANCE 7/9/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Susan Simoneau Ansay&Associates, LLC. PHONE FAX 702 N High Point Road (A No.Extt: 800-643-6133 (A/c,Not:608-831-4777 Suite 201 ADDRESS: sue.simoneau@ansay.com Madison WI 53717 INSURER(S)AFFORDING COVERAGE NAIC N INSURER A:CNA Insurance Companies 35289 INSURED STRAASS-01 INSURER B: Strand Associates, Inc 910 W. Wingra Drive INSURER C: Madison WI 53715 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 172677539 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A GENERAL LIABILITY Y 5099170076 1/1/2019 1/1/2020 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PRMMGE TO RENTED PREMISES(Ea occurrence) $900,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $15,000 X XCU coy.incl. PERSONAL&ADV INJURY $1,000,000 X BIkt.Contractual GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X PECT LOC $ - A AUTOMOBILE LIABILITY Y 5099170062 1/1/2019 1/1/2020 COMBINED SINGLE LIMIT (Ea accident) $1.000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ A X UMBRELLA LIAB X OCCUR Y 5099170059 1/1/2019 1/1/2020 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED X RETENTION$10,000 _ $ A WORKERS COMPENSATION WC595126844 1/1/2019 1/1/2020 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liability AEH113974097 7/11/2019 7/11/2020 Each Claim 2,000,000 Full Prior Acts Aggregate 2,000,000 Full Prior Acts DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) PROJECT: 1382.xxx Professional Service Agreement City of Oshkosh, and its officers, council members,agents,employees and authorized volunteers are named as additional insureds on the General Liability and Business Automobile Liability policies as per written agreement. Thirty(30)days prior written notice of cancellation or non-renewal will be given to the Certificate Holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh-Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave. PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 549031130 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD