The URL can be used to link to this page

Home My WebLink About06-225 JULY 11, 2006 06-225 RESOLUTION (CARRIED__6-1____LOST________LAID OVER________WITHDRAWN________) PURPOSE:APPROVE PROPOSAL / ENGINEERING CONSTRUCTION SERVICE / UPGRADES TO VARIOUS WATER TREATMENT PUMPING STATIONS INITIATED BY:PUBLIC WORKS DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Proposal with Strand Associates, Inc. for construction-related services for the North Side Pumping Station, Murdock Pumping Station, Snell Road Pumping Station and Bowen Pumping Station is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: Acct. No. 551-1910-1799-00000 – Sewer Utility – Constr. in Progress STRAND ASSOCIATES, lNC.~ ----_._---~--~-~....~--_._-_.._--_...._---~--_..------""---"-'-'-'--'---'-'.'-_._-"'--_.~-"----'--'--'-------- ENGINEERS 910 West Wingra Drive Madison, WI 53715 Phone: 608-251-4843 Fax: 608-251-8655 Office Locations Madison, WI Joliet,IL Louisville, KY Lexington, KY Mobile, AL Columbus, IN Lancaster, OH Indianapolis, IN Milwaukee. WI Cincinnati, OH www.strand.com June 21,2006 City of Oshkosh 215 Church Street Oshkosh, VVI 54903-1130 Attention: David Patek, DPVV Re: Agreement for Construction-Related Services for the North Side Pumping Station, Murdock Pumping Station, Snell Road Pumping Station, and Bowen Pumping Station. This is an Agreement to provide Construction-Related Services (Services) for the North Side Pumping Station, Murdock Pumping Station, Snell Road Pumping Station, and Bowen Pumping Station, hereinafter referred to as the PROJECT, between the City of Oshkosh, hereinafter referred to as OVVNER, and Strand Associates, Inc., hereinafter referred to as ENGINEER. Scope of Services Construction-Related Services shall include the following: 1. Review shop drawings, interpret and clarify Contract Documents, prepare change orders as necessary, process applications for payment, and provide services under the authority given to ENGINEER in the Contract Documents. 2. Provide a part-time resident project representative (RPR) for observation of construction. In furnishing observation services, ENGINEER's efforts shall be directed toward determining for OVVNER that the completed PROJECT will, in general, conform to the Contract Documents; but ENGINEER shall not supervise, direct, or have control over Contractor's work and shall not be responsible for Contractor's construction means, methods, techniques, sequences, procedures, or health and safety precautions or programs, or for Contractor's failure to perform the construction work in accordance with the Contract Documents. 3. Transmit manufacturer's O&M manual to OVVNER for OVVNER's incorporation into the O&M manual. STRAND ASSOCIATES, INC.e ENGINEERS City of Oshkosh Page 2 June 21, 2006 4. Assist OVVNER with start-up of PROJECT Improvements. The Construction-Related Services identified above are estimated to require 290 hours of engineering time, 520 hours ofRPR time, and 120 hours of secretarial time. Services Elements Not Included The following services are not included in this Agreement. If such services are required, they shall be provided as noted. 1. Services Furnished During Readvertisement for Bids, if Ordered by OVVNER: If a Contract is not awarded pursuant to the original bids, any services of this type shall be provided for by an amendment to this Agreement. 2. Revising Designs, Drawings, Specifications, and Documents: Any services required after these items have been previously approved by state or federal regulatory agencies, because of a change in PROJECT scope or where such revisions are necessary to comply with changed state and federal regulations that are put in force after Services have been partially completed, shall be provided for by an amendment to this Agreement. 3. Additional and Extended Services during construction made necessary by: a. VV ork damaged by fire or other cause during construction. b. A significant amount of defective or neglected work of any Contractor. c. Prolongation of the time of the construction contract. d. Default by Contractor under the construction contract. Any services of this type shall be provided through an amendment to this Agreement. 4. Review of Product Substitutions Proposed by Contractor: The terms of the construction Contract (GC 6.7.3) call for the construction Contractor to reimburse OVVNER for ENGINEER's fee for evaluating substitute products. ENGINEER's fee for such evaluations is not included in the scope of this Agreement. Provision of such service by ENGINEER shall be provided for by an amendment to this Agreement. 5. Payment Requests: ENGINEER's review of payment requests from Contractor(s) shall not impose responsibility to determine that title to any of the work has passed to OVVNER free and clear of any liens, claims, or other encumbrances. JSR:mro \1-382-0 18\R:\ W ordp\Agreements ]roject Specific\Agreements~sr. Oshkosh. doc sa STRAND ASSOCIATES, INC.e ENGINEERS City of Oshkosh Page 3 June 21,2006 6. Preparation for and/or Appearance in Litigation on Behalf of OVVNER: Any services of this type required to be provided by ENGINEER shall be provided through a separate agreement with OVVNER. 7. Archaeological Investigations: The compensation does not include the cost for archaeological investigations. Ifrequired, OVVNER shall contract directly with an archaeological firm for these services. 8. Permit and Plan Review Fees: All permit and plan review fees payable to regulatory agencies shall be paid for by OVVNER. Should ENGINEER pay such fees to expedite approvals, ENGINEER shall be reimbursed by OVVNER. 9. Land Surveys: Any services involved in land surveys necessary to establish property boundaries shall be provided through a separate agreement with OVVNER. Compensation The Services performed under this Agreement shall be provided for a limiting fee of $86,000. Services shall be provided on an hourly rate basis, plus expenses. Hourly billing rates are adjusted annually on July 1 and shall be based on ENGINEER's standard hourly rates in effect at the time. Expenses incurred such as travel, meals, printing, postage, copies, computer, electronic communication, and long distance telephone calls shall be billed at actual cost plus 5 percent. The limiting fees shall not be exceeded without prior notice to and agreement by OVVNER but may be adjusted for time delays, time extensions, amendments, and changes in the Scope of Services. Any adjustment shall be negotiated based on ENGINEER's increase in costs caused by delays, extensions, amendments, or changes. Only sales taxes or other taxes on Services that are in effect at the time this Agreement is executed are included in the compensation. If the tax laws are subsequently changed by legislation during the life of this Agreement, the Agreement shall be adjusted to reflect the net change. Payment OVVNER shall make monthly payments to ENGINEER for Services performed in the preceding month based upon itemized monthly statements. Nonpayment 30 days after the date of invoicing may, at ENGINEER's option, result in assessment of a 1 percent per month carrying charge on the unpaid balance. JSR:mro\1-3 82-018\R:\W ordp\Agreernents ]roject Specific\Agreements\jsr.Oshkosh.doc STRAND ASSOCIATES. INC.- ENGINEERS City of Oshkosh Page 4 June 21,2006 Schedule The Construction-Related Services are anticipated to be completed by April 1, 2007. Termination This Agreement may be terminated with cause in whole or in part in writing by either party subject to a two-week notice and the right ofthe party being terminated to meet and discuss the termination before the termination takes place. ENGINEER shall be paid for all completed or obligated Services up to the date of termination. Standard of Care The standard of care for all services performed or furnished by ENGINEER under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or otherwise, in connection with ENGINEER's services. Dispute Resolution Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes, and other matters in question between OVVNER and ENGINEER arising out of or relating to this Agreement or the breach thereof will be decided first by mediation, if the parties mutually agree, or with a bench trial in a court of competent jurisdiction within the State of VVisconsin. Opinion of Cost Any opinions of cost prepared by ENGINEER are supplied for general guidance of OVVNER only. ENGINEER has no control over competitive bidding or market conditions and cannot guarantee the accuracy of such opinions as compared to contract bids or actual costs to OVVNER. Data Provided by Others ENGINEER is not responsible for the quality or accuracy of data nor for the methods used in the acquisition or development of any such data, where such data is provided by or through OVVNER, Contractor, or others to ENGINEER and where ENGINEER's Services are to be based upon such data. Such data includes, but is not limited to, soil borings, groundwater data, chemical analyses, geotechnical testing, reports, calculations, designs, drawings, specifications, record drawings, Contractor's marked-up drawings, and topographical surveys. JSR:mro\I-3 82-018\R:\W ordp\Agreements ]roject Specific\Agreements~sr.Oshkosh.doc sa STRAND ASSOCIATES, INC.- ENGINEERS City of Oshkosh Page 5 June 21,2006 IN VVITNESS VVHEREOF the parties hereto have made and executed this Agreement. ENGINEER: STRAND ASSOCIATES, INe. ~.x/~/ Roger . Huchthausen Corporate Secretary ~ /ZI/&t;. Date OVVNER: CITY OF OSHKOSH Richard A. VV ollangk City Manager Date City Clerk Date I certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, VVisconsin under this Agreement. City Comptroller Date APPROVED AS TO FORM: City Attorney Date JSR:mro\] -382-0] 8\R:\W ordp\Agreements ]roject Specific\Agreements\jsr.Oshkosh.doc