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HomeMy WebLinkAboutstrand associates technical servicesD :::]VE JUN 19 2009 STRAND ASSOCIATES, INC. - E N G I N E E R S 910 West Wingra Drive Madison, WI 53715 Phone: 608 - 251 -4843 June 1, 2009 Fax: 608-251-8655 Office Locations Madison, WI City of Oshkosh Joliet, IL 215 Church St. Louisville, KY OShkOSh Lexington, KY Oshkosh, WI 54903 -1130 Mobile, AL Columbus, IN Columbus, off Attention: David Patek, Director of Public Works Indianapolis, IN Milwaukee, WI Cincinnati, OH Re: Agreement for Technical Services Phoenix, AZ www.strand.com 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 technical services (Services). This Agreement shall be in accordance with the following elements. Scope of Services Services to be provided under this Agreement can generally be described as engineering, scientific, CAD drafting, clerical, and administrative activities performed in accordance with the terms and conditions of this Agreement and subsequently issued Task Orders. Prior to ENGINEER's engagement by OWNER, a mutually agreeable Task Order document shall be developed and executed by both parties. The Task Order shall include Project Information, a detailed Scope of Services, Compensation, and Schedule. The general form of the Task Order shall be in accordance with the enclosed Task Order No. 09 -01. Service Elements Not Included The following services are not included in this Agreement. If such services are required, they shall be provided as noted. If necessary, additional Service Elements Not Included may be identified in each subsequently issued Task Order. 1. Additional and Extended Services during construction made necessary by: a. Work 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. City of Oshkosh Page 2 I=d STRAND June 1, 2009 ASSOCIATE IN E N G I N E E R S 2. Archaeological or Botanical Investigations The compensation does not include the cost for archaeological or botanical investigations should these be required. ENGINEER shall assist OWNER in engaging the services of an archaeologist or botanist, if required, to perform the field investigations necessary for agency review. 3. Flood Studies Any services involved in performing flood and floodway studies, if required, shall be provided for by an amendment to this Agreement or through a separate agreement with OWNER. 4. Geotechnical Engineering The compensation does not include the cost for geotechnical engineering. It is anticipated ENGINEER's need for geotechnical engineering information will be coordinated through OWNER and OWNER's Geotechnical Consultant. The compensation does not include the cost for soil borings. If soil borings are required, ENGINEER shall assist OWNER in direct procurement of drilling services. 5. Land and Easement Surveys Any services involved in land and easement surveys necessary to establish property boundaries shall be provided through a separate agreement with OWNER. 6. Permit and Plan Review Fees All permit and plan review fees payable to regulatory agencies shall be paid for by OWNER. 7. 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. Review of Product Substitutions or Means. Method. Techniaue. Seauence. or Procedure Substitutions Proposed by Contractor The terms of the construction Contract (GC 6.0513 and GC 6.05E) call for the construction contractor to reimburse OWNER for ENGINEER's cost for evaluating substitute products, means, method, technique, sequence, or procedure of construction. ENGINEER's cost 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. 9. 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 the Task Order - specified 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. SPZ:dlh\R:\ MAD\ Documents \Agreements \O \Oshkosh, City of (WI) \TechSrvcs .2009 \Agr \1382.044.docx City of Oshkosh Page 3 STRAND June t, 2009 ASSOCIATES, INC.- E N G I N E F R S 10. 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. 11. Services Related to Buried Wastes and Contamination Should buried solid, liquid, or potentially hazardous wastes or subsurface or soil contamination be uncovered at the site, follow -up investigations may be required to identify the nature and extent of such wastes or subsurface soil or groundwater contamination and to determine appropriate methods for managing of such wastes or contamination and for follow -up monitoring. Investigation, design, or construction- related services related to buried solid, liquid, or potentially hazardous wastes or soil or groundwater contamination shall be provided for through a separate agreement with OWNER. Compensation Services described in this Agreement will be provided either on a lump sum basis, or hourly rate basis plus expenses, as indicated in each subsequently issued Task Order. Expenses incurred such as those for travel, meals, printing, postage, copies, computer, electronic communication, and long distance telephone calls shall be billed at actual cost plus 10 percent. 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. Schedule Services identified under Scope of Services are anticipated to be provided beginning with the execution of this Agreement. This Agreement will terminate two years following its execution. The schedule for individual tasks will be included on each subsequently issued Task Order. 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. SPZ:dlh\R:\ MAD\ Documents \Agreements \O\Oshkosh, City of (WI) \TechSrvcs .2009 \Agr \1382.044.docx City of Oshkosh Page 4 STRAND June 1, 2009 ASSOCIATES, INC. E N G I N E E R S OWNER's Responsibilities Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Task Order - specified project including previous reports, previous drawings and specifications, and any other data relative to the scope of the Task Order - specified project. 2. Furnish to ENGINEER, as required by ENGINEER for performance of Services as part of this Agreement, data prepared by or services of others obtained or prepared by OWNER relative to the scope of the Task Order- specified project, such as soil borings, probings and subsurface explorations, and laboratory tests and inspections of samples, all of which ENGINEER may rely upon in performing Services under this Agreement. 3. Provide access to the site as required for ENGINEER to perform Services under this Agreement. 4. Guarantee access to and make all provisions for ENGINEER to enter upon public and private lands as required for ENGINEER to perform Services under this Agreement. 5. Examine all reports, sketches, estimates, special provisions, drawings, and other documents presented by ENGINEER and shall render, in writing, decisions pertaining thereto within a reasonable time so as not to delay the performance of ENGINEER. 6. Retain the services of a Soils Consultant to provide any necessary geotechnical evaluation and recommendations. 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. Observation Services In furnishing Observation Services, ENGINEER's efforts shall be directed toward determining for OWNER that the completed Task Order- specified project will, in general, conform to the Contract Documents; but ENGINEER shall not supervise, direct, or have control over the contractor's work and shall not be responsible for the contractor's construction means, methods, techniques, sequences, procedures, or health SPZ: dlh\ R:'svIAD\Documents\Agreements \O \Oshkosh, City of ( WI)\ TechSrvcs .20091Agr11382.044.docx City of Oshkosh Page 5 STRAND June 1, 2009 ASSOCIATES, INC E N G I N E E R S and safety precautions or programs, or for the contractor's failure to perform the construction work in accordance with the Contract Documents. 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. Changes 1. OWNER may make changes within the general scope of this Agreement in the Services to be performed. If such changes cause an increase or decrease in ENGINEER's cost of or time required for performance of any Services under this Agreement, an equitable adjustment shall be made and this Agreement shall be modified in writing accordingly. 2. No services for which additional compensation will be charged by ENGINEER shall be furnished without the written authorization of OWNER. The fee established herein shall not be exceeded without agreement by OWNER but may be adjusted for time delays, time extensions, amendments, or changes in the Scope of Services. 3. If there is a modification of Wisconsin Department of Natural Resources (WDNR) requirements relating to the Services to be performed under this Agreement subsequent to the date of execution of this Agreement, the increased or decreased cost of performance of the Services provided for in this Agreement shall be reflected in an appropriate modification of this Agreement. 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. 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. SPZ: dlh \R: \MAD\Documents\Agreements \O \Oshkosh, City of ( WI)\ TechSrvcs .2009\Agr \1382.044.docx City of Oshkosh Page 6 STRAND June 1, 2009 A SSOCIA T ES, INC. E N G I N E E R S 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. Utilization of Women and Minority Businesses ENGINEER agrees that qualified women and minority business enterprises shall have the maximum practicable opportunity to participate in the performance of WDNR financially assisted contracts and subcontracts. This pertains to the Task Order - specified project as it is anticipated that a Wisconsin Clean Water Fund grant and loan will be used to finance the Task Order - specified project. Termination This Agreement may be terminated by either party with or without cause after giving written notice to the other party that the contract will be terminated no sooner than two weeks from the date the notice is mailed. ENGINEER shall be paid for all satisfactorily performed services through the date of termination. Third -Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either OWNER or ENGINEER, ENGINEER's services under this Agreement are being performed solely for OWNER's benefit, and no other party or entity shall have any claim against ENGINEER because of this Agreement or the performance or nonperformance of services hereunder. OWNER and ENGINEER agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors, and other entities involved in the Task Order - specified project to carry out the intent of this provision. 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 may be decided by mediation. SPZ: dlh \R:\NIAD\Documents\Agreements \O \Oshkosh, City of ( WI)\ TechSrvcs .2009\Agr \1382.044.docx 5d STRAND AS IN E N G I N E E R S City of Oshkosh Page 7 June 1, 2009 IN WITNESS WHEREOF the parties hereto have made and executed this Agreement. ENGINEER: OWNER: STRAND ASSOCIATES, INC. CITY OF OSHKOSH Af t 9 — - !® - z cog Matthew S. Richards Date Mark . Rohloff Date Corporate Secretary City Manager Pamela R. Ubrig D _ City Clerk q b� 1-yr n L orenson Date City Attorney Peggy Ste o Date Director of Finance SPZ:dlh\R:\ MAD\ Documents \Agreements \O \Oshkosh, City of( WI)\ TechSrvcs .2009\Agr \1382.044.docx STRAND ASSOCIATES, INC.- E N G I N E E R S 910 West Wingra Drive Madison, WI 53715 Phone: 608 -251 -4843 Task Order No. 09 -01 Fax: 608- 251 -8655 City of Oshkosh (OWNER) Office Locations and Strand Associates, Inc. (ENGINEER) Pursuant to Technical Services Agreement Dated June 1, 2009 Madison, WI Joliet, IL Louisville, KY Lexington, KY Mobile, AL Project Information Columbus, IN Columbus, Project Name: Lift Stations and Metering Station SCADA Upgrades Indianapolis, , I N .l Milwaukee, WI Cincinnati, off Phoenix, AZ Project Description: OWNER currently monitors 17 lift stations and six metering stations utilizing Telesafe telemetry equipment and telephone lines for communication. OWNER desires. to replace the existing equipment at these stations with Programmable www.strand.com Logic Controllers (PLC) and radio communications. At two of these lift stations (Hickory Lane and Shorewood Drive), OWNER desires new motor starter /control panels. At three of these lift stations (Broad Street, South Main, and Lakeview), OWNER desires new level control panels. At the Wastewater Treatment Plant (WWTP), OWNER desires to replace the existing SCADA computers and associated SCADA software. Services Description: The Services to be provided can generally be described as design services, bidding - related services, and construction- related services of the Lift Stations and Metering Stations SCADA Upgrades. Scope of Services D E C E-PI -- v D JUN 19 2009 0 CITY C LERK'S OFFICE The following services shall be provided by ENGINEER to OWNER: Design Services 1. Provide Clean Water Fund loan application assistance. 2. Attend a two -day Project kickoff meeting with OWNER to gather information from the 17 lift stations, six metering stations, and the WWTP. This includes reviewing the availability of signals from existing motor starters, control panels, and field devices. As part of this site visit, ENGINEER and OWNER will develop preliminary control descriptions and a preliminary Input /Output (I /O) list for each facility. 3. Identify temporary controls that may be required at the Broad Street, South Main, Lakeview, Hickory Lane, and Shorewood Drive lift stations. 4. Attend a one -day OWNER. review meeting at approximately 50 percent design completion to review drawings and specifications and receive additional input City of Oshkosh Task Order No. 09 -01 STRAND Page 2 ASSOCIATES, INC. June 1, 2009 E N G I N E E R S required from OWNER. Review documents will be provided to OWNER one week before the meeting. 5. Attend a one -day OWNER review meeting to discuss layout of the SCADA computers network. 6. Prepare drawings, specifications, and bidding documents to include demolition of existing equipment and procurement and installation of new equipment. 7. Attend a one -day OWNER review meeting at approximately 90 percent design completion to review drawings and specifications, Review documents will be provided to OWNER one week before the meeting. 8. Prepare an opinion of probable construction cost based on the documents and comments received at the 90 percent design completion review meeting. 9. Provide internal quality control review. 10. Attend a one -day interview at OWNER's facility to evaluate System Integrators for the project. This task also includes assisting OWNER with developing interview criteria. Bidding- Related Services The following elements are included: 1. Prepare up to 15 sets of bidding documents for OWNER distribution to prospective contractors and suppliers. Submit Advertisement for Bids to OWNER for publishing. 2. Prepare addenda and answer questions during bidding. 3. Attend bid opening and assist OWNER in the tabulation and analysis of bid results and award of the Construction Contract. 4. Prepare three sets of Contract Documents for signatures. Construction - Related Services 1. Consult and advise during construction, review contractor's shop drawings, review contractor's periodic estimates and final estimates for payment, assist with Clean Water Loan Fund disbursement requests, make visits to job site during construction to review the Project, attend construction progress meetings, provide List of Items to be Completed or Corrected at substantial completion, and make final inspection with OWNER and contractor for acceptance of work. SPZ: dlh \R:\MAD\Documents\Agreements \O \Oshkosh, City of (WI)\TechSrvcs.2009 \TO \1382.044.09- 0l.docx City of Oshkosh Task Order No. 09 -01 STRAND Page 3 ASSO CIATES, INC.- June 1, 2009 E N G I N E E R S 2. Provide a resident project representative (RPR) for part-time observation of construction. In furnishing observation 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. 3. Observe a three -day factory test for the lift stations and metering stations at the System Integrators shop. This test is to simulate status conditions and control algorithms to observe compliance with the specifications. Wisconsin Department of Natural Resources (WDNR) Submittal Drawings and specifications will be submitted to the WDNR on June 30, 2009, for the purpose of obtaining Clean Water Loan Funds. The drawings and specifications to be submitted will be preliminary documents because of the limited time between signing of this Agreement and the June 30, 2009, deadline. Submittal of the drawings and specifications to WDNR does not guarantee receipt of Clean Water Loan funds. Compensation ENGINEER's compensation for services under this Task Order shall be on an hourly rate basis in accordance with ENGINEER's current fee schedule plus expenses. Expenses incurred on this Task Order such as those for travel, meals, printing, postage, copies, computer, electronic communication, and long distance telephone calls shall be billed at actual cost plus 10 percent. The estimated fee for these services, including expenses, is $166,000. The compensation includes a wage scale /hourly billing rates that are adjusted annually on July 1 and assumes the Services will be completed as indicated. Should the completion time be extended, it may be cause for an adjustment in the estimated fee that reflects any wage scale adjustments made. 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 $ 65 Average SPZ:dlh\R:\ MAD\ Documents \Agreements \O \Oshkosh, City of (WI) \Techsrvcs .2009 \TO \1382.044.09 - Ol.docx 15 City of Oshkosh Task Order No. 09 -01 STRAND Page 4 ASSOCIATES, INC. June 1, 2009 E N G I N E E R S Schedule Services under this Task Order shall commence upon execution of this Task Order, which is anticipated on June 4, 2009. Services under this Task Order are scheduled for completion on August 27, 2010. TASK ORDER AUTHORIZATION AND ACCEPTANCE: ENGINEER: OWNER: STRAND ASSOCIATES, INC. CITY OF OSHKOSH Matthew S. Richards ate Mar A. Rohloff D to Corporate Secretary City Manager Pamela R. Ubrig Da e& —( � City Clerk "'L - orenson' ) Date City Attorney Peggy §e Date Director of Finance SPZ: dlb \R:\MAD\DocumentslAgreements \O \Oshkosh, City of (WI) \TechSrvcs .2009 \TO \1382.044.09- Ol.docx