Loading...
HomeMy WebLinkAboutStrand Associates Wastewater utility heating & ventilationSTRAND ASSOCIA INC.- E N G I N E E R S 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 Columbus, OH Indianapolis, IN Milwaukee, WI Cincinnati, OH www.strand.com August 11, 2008 City of Oshkosh 215 Church Avenue Oshkosh, WI 54903 -1130 Attention: Mr. David Patek, Director of Public Works Re: Agreement for Bidding- and Construction- Related Services Wastewater Utility Heating and Ventilation Improvements This is an Agreement between the City of Oshkosh, Wisconsin, hereinafter referred to as OWNER, and Strand Associates, Inc., hereinafter referred to as ENGINEER, to provide bidding - and construction- related services (Services) for heating and ventilation improvements for various facilities owned by the wastewater utility, hereinafter referred to as the PROJECT. This Agreement shall be in accordance with the following elements. Background OWNER hired ENGINEER to complete design- related services for replacement of make -up air units, fans, and controls at three locations. The replacement equipment includes Make -up Air Units 1 and 2 at the wastewater treatment plant headworks building, Make -up Air Unit 2 and two supply fans at the south main pumping station, and Make -up Air Units 1 and 2 and two supply fans at the Broad Street pumping station. OWNER initially intended to directly procure specified equipment and hire a contractor to complete the installation. OWNER now desires that ENGINEER complete the project manual and drawings to obtain bids for all procurement and construction directly from contractors. Scope of Services Services will include the following: Biddins- Related Services 1. Prepare project manual and drawings for bidding and construction. 2. Develop opinion of probable construction cost. 3. Keep a record of plan holders. 4. Receive and process deposits for bidding documents. 5. Conduct a prebid conference. 6. Accept inquiries from prospective bidders and issue addenda as appropriate. 7. Attend bid opening, prepare a tabulation of bids, and assist OWNER in the award of the construction contract for the PROJECT. Construction- Related Services Review shop drawings, interpret and clarify Contract Documents, prepare change orders and field orders as necessary, process applications for payment, and provide general engineering services under the authority given to ENGINEER in the Contract Documents. City of Oshkosh Page 2 STRAND August 11, 2008 ASSOCIATES, INC® E N G I N E E R S 2. Provide routine visits to the construction site for consultation with OWNER regarding Contractor's progress. In furnishing these services, ENGINEER's efforts shall be directed toward determining for OWNER 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. Start-Lip Phase Services 1. Collect manufacturers' Operation and Maintenance (O &M) manuals for PROJECT Improvements. Manufacturers' O &M manuals shall be provided to OWNER at project completion. 2. Assist OWNER with start-up of PROJECT Improvements. Service Elements Not Included The following services are not included in this Agreement. If such services are required, they shall be provided as noted. 1. 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 OWNER free and clear of any liens, claims, or other encumbrances. Provision of such service by ENGINEER shall be provided for by an amendment to this Agreement. 2. Permit and Plan Review Fees All permit and plan review fees payable to regulatory agencies shall be paid for by OWNER. 3. Preparation for and/or Appearance in Litigation on Behalf of OWNER Any services of this type required to be provided by ENGINEER shall be provided through a separate agreement with OWNER. 4. Resident Project Representative Services OWNER shall provide these services. 5. 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. 6. Review of Product Substitutions Proposed by Contractor The terms of the construction contract (GC 6.05E) call for the construction contractor to reimburse OWNER 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. 7. Services Furnished During Readvertisement for Bids if Ordered by OWNER 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. TLF :mro \R: \Documents\Agreements\ Oshkosh, City of ( WI)\ WWUtil ityHeating lmpvnts.2007\Agr \1- 382.036.doe STRAND ASSOCIATES, INC E N G I N E E R S City of Oshkosh Page 3 August 11, 2008 Compensation Services shall be provided on an hourly rate basis, plus expenses. Hourly billing rates are adjusted annually on July 1 and are currently as follows: Principal Engineer Senior Project Manager Project Managers Project Engineers and Scientists Engineering Technicians and Draftspersons Office Production Hourly Billing Rates $204 to $321 $135 to $249 $ 66 to $161 $ 51 to $110 $ 39 to $104 $ 63 Average Expenses incurred such as travel, meals, printing, postage, copies, computer, electronic communication, and long distance telephone calls shall be billed at actual cost plus 10 percent. The total estimated fee for providing the Services is $30,000. 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, this Agreement shall be adjusted to reflect the net change. The total estimated fee shall not be exceeded without prior notice to and agreement by OWNER 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. Schedule Services identified under Scope of Services are anticipated to be provided beginning in July 2008 and ending in March 2009. 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. Opinion of Cost Any opinions of cost prepared by ENGINEER are supplied for general guidance of OWNER 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 OWNER. Extension of Services This Agreement may be extended for additional services upon authorization by OWNER. Extension of Services shall be provided either on a lump sum fee or an hourly rate basis plus expenses. TLF:mro \R: \Documents\Agreements \Oshkosh, City of( WI)\ WWUtilityHeatingImpvnts .2007Wgr \I- 382.036.doc STRAND ASSOCIA INC.- E N G I N E E R S City of Oshkosh Page 4 August 11, 2008 Payment OWNER shall make monthly payments to ENGINEER for Services performed in the preceding month based upon monthly statements. Nonpayment 30 days after the date of receipt of invoice may, at ENGINEER's option, result in assessment of a 1 percent per month carrying charge on the unpaid balance. 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 OWNER, 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. 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 of the party being terminated to meet and discuss the termination before termination takes place. ENGINEER shall be paid for all completed or obligated Services up to the date of termination. Dispute Resolution Except as may be otherwise provided in this Agreement, all claims, counterclaims, disputes, and other matters in question between OWNER and ENGINEER arising out of or relating to this Agreement or the breach thereof shall be decided by mediation. IN WITNESS WHEREOF the parties hereto have made and executed this Agreement. ENGINEER: STRAND ASSOCIATES, INC. ..OW D Matthew S. Richards late Corporate Secretary OWNER: CITY OF OSHKOSH JJW nzo, Mark Vohloff, City M ager Date TLF :mro \R: \Documents\Agreements\ Oshkosh, City of ( WI)\ WWUtilityHeatinglmpvnts .2007\Agr \1- 382.036.doc Peggy Steeno, Diref