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HomeMy WebLinkAbout23-16 PSI Agreement-Settlement Mon-Rural II Det Basin_10-30-23I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-16 Sawyer Crk Rural II\Project_Information\Contract Info\Contractor-Consultant Agreements\PSI\23-16 PSI Agreement- Settlement Mon-Rural II Det Basin_10-30-23.docx Page 1 of 6 AGREEMENT This AGREEMENT, made on the _____ day of ________________, 2023, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and PROFESSIONAL SERVICE INDUSTRIES, INC. 3009 Vandenbroek Road, Kaukauna, WI 54130, 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 PROVIDING SETTLEMENT MONITORING FOR PROPOSED RURAL DETENTION BASIN RURAL II (PROJECT). ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Patrick Bray – Branch 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: Craig Ramthun – Construction Management Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT’s Proposal. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB November3rd I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-16 Sawyer Crk Rural II\Project_Information\Contract Info\Contractor-Consultant Agreements\PSI\23-16 PSI Agreement- Settlement Mon-Rural II Det Basin_10-30-23.docx Page 2 of 6 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. DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-16 Sawyer Crk Rural II\Project_Information\Contract Info\Contractor-Consultant Agreements\PSI\23-16 PSI Agreement- Settlement Mon-Rural II Det Basin_10-30-23.docx Page 3 of 6 ARTICLE VIII. 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 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. While CONSULTANT has made reasonable efforts to incorporate into their plan for the PROJECT any known current project impacts of the COVID-19 pandemic, CONSULTANT has not accounted for, and is not responsible for, unknown future changes due to the COVID-19 pandemic, including, without limitation, additional restrictions by government agencies or others (such as the availability of the site for access or the availability of CITY or CONSULTANT staff or others) to the extent they delay or otherwise impact the PROJECT. In that event, CONSULTANT will notify CITY and work in good faith to equitably address any unexpected impacts therefrom. ARTICLE IX. 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 October 25, 2023 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 X. 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: DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-16 Sawyer Crk Rural II\Project_Information\Contract Info\Contractor-Consultant Agreements\PSI\23-16 PSI Agreement- Settlement Mon-Rural II Det Basin_10-30-23.docx Page 4 of 6  Unit Rate Not to Exceed $15,606 (Fifteen Thousand Six Hundred Six Dollars). 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 ten percent (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 XI. STANDARD PROVISIONS The CONSULTANT agrees that, in all hiring or employment made possible by or resulting from this AGREEMENT, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ARTICLE XII. 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, their agents or assigns, their employees, or their 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 DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-16 Sawyer Crk Rural II\Project_Information\Contract Info\Contractor-Consultant Agreements\PSI\23-16 PSI Agreement- Settlement Mon-Rural II Det Basin_10-30-23.docx Page 5 of 6 (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 XIII. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XIV. 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 XV. 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. Subject to individual review, CONSULTANT’S reports, drawings, specifications, documents, or other deliverables will generally be considered public records that are available to the public upon request. Neither the CITY nor the CONSULTANT, therefore, has control of these documents once they are disclosed as a public record. It is understood between these two (2) parties, however, that CONSULTANT does not intend to state or imply that the PROJECT documents it creates have any purpose unrelated to the PROJECT. To the extent the CITY may re-use or reference any part of the CONSULTANT’S documents or information on unrelated projects, the CITY agrees to independently verify their applicability for unrelated projects and further agrees the Standard of Care applicable to the documents for this PROJECT will not apply to their re-use or reference in unrelated projects. DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB I:\Engineering\2021 - 2030 Contracts\2023 CONTRACTS\23-16 Sawyer Crk Rural II\Project_Information\Contract Info\Contractor-Consultant Agreements\PSI\23-16 PSI Agreement- Settlement Mon-Rural II Det Basin_10-30-23.docx Page 6 of 6 ARTICLE XVI. 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 agreement price and schedule shall be equitably adjusted. ARTICLE XVII. 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: _____________________________ ____________________________ Patrick Bray (Seal of CONSULTANT Branch Manager if a Corporation) By: _____________________________ _____________________________ (Specify Title) CITY OF OSHKOSH _____________________________ By: _____________________________ (Witness) Mark A. Rohloff, City Manager _____________________________ And: _____________________________ (Witness) Diane M. Bartlett, 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 DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB Proposal Number: 0094-410014-R October 25, 2023 www.intertek.com/building Professional Service Industries, Inc. 3009 Vandenbroek Road Kaukauna, Wisconsin 54130 Phone: (920)-735-1200 Mr. Justin Gierach City of Oshkosh Department of Public Works 215 Church Avenue, P.O. Box 1130 Oshkosh, WI 54903 Re: Proposal for Providing Settlement Monitoring Proposed Rural Detention Basin II Clairville Road Oshkosh, Wisconsin Dear Mr. Gierach: Professional Service Industries, Inc. (PSI), an Intertek company, is pleased to present this proposal for providing settlement monitoring services associated with the proposed Rural Detention Basin II located along the west side of Clairville Road in Oshkosh, Wisconsin. We have prepared this proposal based on the following: • PSI Geotechnical Report No. 00941986, dated September 13, 2023 PROJECT UNDERSTANDING It is understood that the proposed project will consist of the construction of future developments, including various structures, pavements, utilities, and other associated items. The project site is approximately 1,450 feet wide and 2,600 feet long. No design information for the future developments (number of buildings, location of buildings, size and number of stories) was available. It is understood that approximately 1,100,000 cubic yards (about 12 to 22 feet) of fill will be placed to raise grades on the site prior to construction. It is understood that the fill will be “borrowed” from a nearby site where a detention basin will be constructed by the City of Oshkosh. SCOPE OF WORK Based on a review of the information provided and PSI’s experience on similar projects, it is anticipated the following testing services will be required. • Installation of settlement monitoring plates at 8 to 10 locations spaced relatively uniformly across the site. The settlement monitoring plates should be installed on the top of the existing subgrade prior to placing any new fill. • Installation of settlement monitoring surface monuments. The monuments should be installed on the top of the final grades after completion of all new fill. At least 18 to 20 surface monuments should be installed at locations near the settlement plates, as well as uniformly scattered across the overall site. A settlement monitoring surface monument is also recommended at the location of each settlement plate. The surface monuments should be installed to depths exceeding the frost line. • Record elevations of settlement monitoring plates on a monthly basis. DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB Proposal Number: 0094-410014-R Proposed Rural Detention Basin II October 25, 2023 Page 2 www.intertek.com/building REPORT DISTRIBUTION PSI utilizes Construction Hive™ as an electronic report distribution platform to provide a better experience to clients. The Construction Hive™ system has powerful report viewing, retrieval and searching capabilities that allow designated users to find information in an efficient and environmental-friendly manner. Upon project set-up, Construction Hive™ will electronically notify designated users when new reports are posted so they can view, download and forward relevant PSI test reports. In short, Sample Electronic Report Construction Hive™ provides instantaneous access to reports from any internet web browser. Designated users can specify how often they receive reports, can establish notification alerts, download reports, and forward reports from Construction HiveTM. A final summary report will be issued upon completion of the readings. SCHEDULE PSI is prepared to begin work within five (5) days upon receiving notice to proceed. We will remain available to respond with at least 24 hours’ notice for any services required. While we will do our best to accommodate shorter timeframes, it is not always feasible, especially during the busier summer and fall seasons. Our project manager will work closely with the project team and the contractor to ensure the timeliness of our services. QUALIFICATIONS Local Presence / Global Resources PSI maintains full-service engineering laboratory, inspection, and testing offices throughout Wisconsin. These offices are very large and well equipped with the necessary equipment and workspace to provide comprehensive materials storage and testing for soils, aggregate, concrete, masonry, fireproofing, steel, and related materials. Further illustrating our depth of operations, PSI recently merged with Intertek, a global provider of quality solutions. With a network of more than 1,000 laboratories and offices in more than 100 countries, Intertek provides auditing, inspection, testing, training, quality assurance and certification by improving the quality and safety of products, assets and processes. PSI is also the largest construction testing firm in Wisconsin. We have the in-house qualifications and personnel to provide the full range of services required for this project. This provides an added benefit to the project team in that all services will be performed and managed by PSI, and we can immediately respond to any project needs. DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB Proposal Number: 0094-410014-R Proposed Rural Detention Basin II October 25, 2023 Page 3 www.intertek.com/building With more than 100 offices nationwide, PSI can easily provide technical, personnel, and equipment resources to projects. In addition, PSI’s laboratory facilities in Pittsburgh, Pennsylvania have very extensive special testing capabilities, and can test a wide variety of innovative or exploratory construction materials. PROJECT FEE SUMMARY It is proposed to accomplish the required work on a unit price basis in accordance with the Estimate Worksheet. PSI's actual fees would be determined by the amount of technical time expended on this project and the amount of laboratory testing performed. However, for budgeting purposes, we have prepared a preliminary budget estimate for each phase of work requested. Our construction materials testing services will be accomplished on a unit price basis in accordance with the proposed scope of services and our Estimate Worksheet. Our estimate of scope and budget is based on the information provided and our assumptions listed, including our assumption of the construction schedule. If more detailed project information is available, we will be happy to review the additional data and work with you to revise our estimates. Additional testing or other services may be required as the project proceeds. The actual testing and services performed will be based on the project requirements and as requested and directed by the Owner’s Representative or General Contractor. PSI’s fees will be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed. Please note that our services do not include supervision or direction of the actual construction process or work. Also, be aware that neither the presence of our field representative nor the observation and testing by our firm shall imply PSI's responsibility for defects discovered in the construction work. It should be understood that our firm would not be responsible for job or site safety on this project. Job site safety will be the sole responsibility of others. In this proposal, the words "inspection" and "verify" are used to mean observation of the work and the conducting of tests by PSI to determine substantial compliance with plans, specifications, and design concepts. The term “continuous”, as stated herein, shall mean the testing representative is on the site and in the general work area during the activity requiring observation and inspection. AUTHORIZATION PSI will proceed with the work based on written authorization. Respectfully submitted, Professional Service Industries, Inc. ELECTRONIC COPY ELECTRONIC COPY Patrick Bray Chris Mings Branch Manager Principal Consultant Attachments: Estimated Budget DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB Quantity Unit Rate Total Settlement Monitoring Plate 10 Each 600.00$ 6,000.00$ Settlement Monitoring Surface Monuments 20 Each 10.00$ 200.00$ Settlement Monitoring Plate Install 16 Hour 38.00$ 608.00$ Settlement Monitoring Surface Monuments Install 16 Hour 38.00$ 608.00$ Settlement Reading (Two Man Crew)48 Hour 130.00$ 6,240.00$ Vehicle Charge 20 Trip 40.00$ 800.00$ Secretarial (Scheduling/prepare reports)10 Hour 25.00$ 250.00$ Engineering Review / Report Distribution 12 Hour 75.00$ 900.00$ TOTAL ESTIMATED COST 15,606.00$ CONSTRUCTION MATERIALS TESTING- ESTIMATE WORKSHEET Project: Rural Detention Basin II Settlement Monitoring Professional Service Industries, Inc. 3009 Vandenbroek Road Kaukauna, Wisconsin 54130 Phone: (920)-735-1200 DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB DocuSign Envelope ID: 0F5D68CA-4129-41F9-AF08-56EFDED439EB