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HomeMy WebLinkAboutKL Engineering IncAGREEMENT This AGREEMENT, made on the �day of U2 r 201� by and � between the CITY OF OSHKOSH, party of the first part, hereinafter erred to as CITY, and KL ENGINEERING, INC., 5400 King James Way, Suite 200, Madison, WI 53719, 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 SERVICES FOR OREGON STREET AND WEST 24TH AVENUE / HUGHES STREET TRAFFIC SIGNAL DESIGN. ARTICLE I. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Kelly Trac, P.E., PTOE — 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: Dan Gabrilska — Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. 1:\Engineering\=CDWRACI X\ 2nd Paving\PmjecL1nformafion\Contract lnfo\Consultant Page 1 of 7 Agreements\n Eng Agreemmt-Traffic Signal Des -OR St & W 24th Av Rughes St Intersection 12-5 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\=CONTRAM\ID 2nd Paving\Project_Infom tion\Contrattlnfo\Cmuultant Page 2 of 7 Agreements\KL Eng Agre t-Tmffic Sgnal Des -OR St k W 24th Ave -Hughes& lntersction12Z- 19.doa ARTICLE VIII. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSULTANT will, if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE IX. CITY'S INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all project work including the value of all onsite CITY -furnished equipment and/or materials associated with CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of such policy. ARTICLE X. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Proposal. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the h\Engineering\=MNTRAM\M0 2ad Paving\ Pmject_Informa[ion\ContraR trdoWumaltant Page 3of7 AgaementsM Eng Agreement-Taffic Signal Des-0R St & W 24th Ave -Hughes St lntersection_l25- 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. CONSULTANT's Proposal dated August 16, 2019 and attached hereto In the event any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE XII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Time and Materials Not to Exceed $16,300 (Sixteen Thousand three Hundred Dollars). • Attached fee schedule shall be firm for the duration of this AGREEMENT. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this AGREEMENT executed by both parties prior to proceeding with the work covered under the subject amendment. L\Engineering=0 conB CTSNw 2nd Paving\rmjenmro.macion\cnnnad mfa\canunlfanf Page4of7 Agreements\KL Eng Agreement -Traffic Signal Des-0R St k W 2kh Avi,Haghea St Inrersection_12-5- 19.don 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. I:\Engir ring\=CONTRAM\13g2nd Paving\ Pmjenmrom„6un\contnR WOCoroulteot Page50f7 AgxmMNWL Eng Agreemffi ent-Trac Signal Des-0St R k W 24th Ave -Hughes St Intersection 12-5- 19.doa 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. I:\Engineering\=0 CONTRACTS\2f1-0S 2nd Paving\PmjWLTnPommtion\Contract Info\Consuhant Agreements\RE Eng Agreement -Traffic Signal 0e 01$&1241h Ave -Hughes St Intersediun_12-S Page 6of7 19.d. 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: (Seal of Consultant if a Corporation) (Witness) (Witness) APPROVED: CONSULTANT BY: '^ dSt a 1ee51 De d r (Specify Title) By: (Specify Title) Title) CITY OF OSHKOSH By: Mare A. Rohloff, City Manager And: Pamela R. Ubrig, City Cle I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. /a/- 4::7zz - City Comptroller I:\Engim fing\2=COWRAMf 2OL 2M Paving\RojeR_Info mafion\Con rad lnfo\Cmuoltant Page % Of % Agmementa\KL Eng Agreement-Taffia Signal Oea-0R St & W 14th Av Hughee St intemernon 12-5- g 19.Eoa giiLaEn (A] BetterExperience August 16, 2019 5400 King James Way I Suite 200 Madison, WI 53719 608.663.1218 Toll Free: 800.810.4012 www. klengine eying. com RECEivED Justin Gierach, PE DEC —2 2019 Engineering Division Manager/City Engineer DEPT OF pV City of Oshkosh — Department nt f Public Works OSHKOSy, W1SC HORNS Oshkosh, WI 54901 RE: Proposal for Engineering Services — Oregon St & W 24'h Ave / Hughes St Traffic Signal Design Dear Justin: KL Engineering, Inc. is pleased to provide you with this proposal for engineering services to perform traffic signal design for the Oregon Street & W 24th Avenue / Hughes Street intersection. The following attachments are included with this letter, and should be considered part of our contract for engineering services: • Attachment A — Contract Assumptions and Scope of Services • Attachment B — Billing Schedule The total cost for the services under this contract will be billed on an hourly basis utilizing the enclosed billing schedule with a maximum cost of $16,300.00 We look forward to working with you on this project. Please let us know if you have any questions regarding this proposal. Sincerely, KL Engineering, Inc. Kelly Trac, P.E., PTOE Project Manager fVwQ aMWunloojo=, of osnRu:nwrepm.zau�Nuanwwroposs� lemr.d_ Contract Assumptions and Scope of Services Traffic Engineering and Electrical Design Services Oregon St & W 24th Ave / Hughes St Traffic Signal Design Oshkosh, Wisconsin August 16, 2019 This document describes contract assumptions and provides a scope of services to perform traffic engineering and electrical design services for the Oregon St & W 24th Ave / Hughes St signalized intersection in Oshkosh, Wisconsin. This scope of services consists of traffic signal design, geometric design assistance, and coordination tasks. General Project Understanding and Assumptions Traffic Signal Design • The project includes reconstruction of the Oregon St & W 241h Ave / Hughes St traffic signals and will include the following: o Overhead signals will be placed on trombone arm assemblies o Flashing Yellow Arrows (FYA) will not be used for permitted left -turn phases o Pedestrian signals following ADA standards will be included on all approaches with crosswalks o Grid Smart Camera System for traffic signal detection o WisDOT traffic signal infrastructure and equipment. Decorative or other "non-standard" equipment is not included. • Traffic signal cable routing will meet City of Oshkosh standards. • Traffic signal timing is not included under this proposal. • Temporary traffic signals are not included under this proposal. • Geometric design, pavement marking, and signing modifications for the intersection will be completed by City of Oshkosh. KL Engineering will provide design assistance at the intersection for pedestrian accommodations. Project Delivery and Administration • This proposal assumes the City of Oshkosh will provide Feld surveyed base mapping and CAD files for the project. Field surveyed project data includes topography, utility locations, and right-of-way boundaries. • This proposal assumes the City of Oshkosh will complete the overall project and intersection design, except for items included in this scope of services. City of Oshkosh will compile and prepare the bidding documents for advertisement. • KL Engineering will provide CAD in AutoCAD 2018 format. • This proposal is based on completing plans for one (1) letting to be advertised. • This proposal does include providing a limited support role during the construction phase of the project. Scope of Services Traffic Signal Design • Prepare new traffic signal construction plans for the intersection of Oregon St & W 24th Ave / Hughes St. Traffic signal plans to include the following: o Traffic signal concrete base removal plans o Permanent traffic signal plans o Sequence of Operations sheet o Cable routing sheet o Traffic signal details o Miscellaneous Quantities Traffic signal design will be completed per MUTCD, WisDOT TSDM, and City of Oshkosh requirements. Traffic signal plans will be developed in the WisDOT format as described in the FDM. Submittals • Prepare up to two (2) plan submittals for the project: Preliminary plans and Final PS&E plans. • Final design plans will include: electrical design (conduit/pullboxes/cabling/wiring), final equipment layout, hardware requirements, signal control requirements, construction cost estimate, and specifications. Geometric Design & Construction Support • Includes up to sixteen (16) hours of intersection design support. • Includes up to sixteen (16) hours of administrative and technical support to address inquiries regarding design intent, contractor questions, design change requests, electrical inspection, and project meetings. Meetings and Project Management • Includes up to one (1) meeting with the City of Oshkosh. KM ntr OsWunidpeMtyofOshkosh\Oregon-24N Hughes Uat menlA-ScopeaSeMm.docx 2 of 2 Engineerinq f!q!ter Experience STANDARD BILLING RATE SCHEDULE EFFECTIVE JANUARY 1, 2019 Standard Billina Rates Administration $65.00 Limited Term Employee $45.00 Engineering Technician 1 $67.00 Engineering Technician II $77.00 Senior Engineering Technician $90.00 Surveyor $70.00 Registered Land Surveyor $105.00 Environmental Specialist $110.00 Electrical Designer/Inspector $110.00 Transportation Planner $110.00 GIS Specialist $110.00 Registered Landscape Architect $130.00 Engineer 1 $83.00 Engineer II $94.00 Project Engineer $105.00 Senior Project Engineer $125.00 Project Manager $130.00 Senior Project Manager $140.00 Principal $155.00 Expenses Out-of-pocket direct job expenses at cost (reproductions, sub -consultants, equipment rental, etc) Travel Expenses Company or Personal Car Mileage IRS rate Lodging and Subsistence at cost Billing and Payment Travel time is charged for work required to be performed out -of -office. Invoicing is on a monthly basis for work performed. Payment for services is due within 30 days from the date of the invoice. An interest charge of 1.5% per month is made on the unpaid balance starting 30 days after the date of the invoice. This schedule of billing rates is effective January 1, 2019 and will remain in effect until December 31, 2019 unless unforeseen increases in operational costs are encountered. We reserve the right to change rates to reflect such increases. Rev. 01/01/19