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Home My WebLink Aboutstrand associates/road design s westhaven dr & w 9th aveSTRAND ASSOCIATES, 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 February 10, 2009 City of Oshkosh 215 Church Street Oshkosh, WI 54902 Attention: David Patek, P.E., Director of Public Works Re: Agreement for Roadway Design and Bidding - Related Services for South Westhaven Drive and West 9th Avenue Intersection Improvements www.strand.com This is an Agreement between City of Oshkosh, Wisconsin, hereinafter referred to as OWNER, and Strand Associates, Inc., hereinafter referred to as ENGINEER, to provide Roadway Design Services (Services) for intersection improvements to accommodate existing and projected traffic needs at the intersection of South Westhaven Drive and West 9th Avenue. This Agreement shall be in accordance with the following elements. Scope of Services Design Services The following elements are included: 1. Attend up to two design meetings with OWNER. 2. Conduct topographic survey for final design. 3. Model existing conditions and tabulate measure of effectiveness from traffic counts provided by OWNER. 4. Model horizon conditions, construction year plus 20 years, for a signal- controlled intersection and a roundabout - controlled intersection and tabulate measure of effectiveness. 5. Prepare a report of findings and ENGINEER's recommendation of intersection improvements. 6. Prepare preliminary drawings for OWNER's review and comment. Drawings are anticipated to include: a. Title sheet. b. General note sheet. C. Typical sections. d. Construction details. e. Paving details. f. Storm sewer plan and profile. g. Storm sewer details. City of Oshkosh Page 2 STRAND February 10, 2009 ASSOCIATES, INC.® E N G I N E E R S h. Pavement marking and signing. i. Traffic control. j. Landscaping. k. Lighting. 1. Plan and profile. in. Cross sections. 7. Meet with OWNER to review preliminary drawings and respond to OWNER's comments. 8. Prepare final construction drawings, technical specifications to be incorporated into OWNER's Bid documents, and bid items and quantities incorporating OWNER's comments as appropriate. 9. Prepare prebid opinion of probable construction cost. 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. Appraisals The compensation does not include the cost for completing appraisals. 2. Archaeological Investigations The compensation does not include the cost for archaeological investigations. If required, OWNER shall contract directly with an archaeological firm for these services. 3. Permit and Plan Review Fees All permit and plan review fees payable to regulatory agencies shall be paid for by OWNER. Should ENGINEER pay such fees to expedite approvals, ENGINEER shall be reimbursed by OWNER. 4. 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. 5. Revisiniz 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. 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. 7. Soil Borings The compensation does not include the cost for soil borings. ENGINEER will assist OWNER in engaging the services of a soils consultant. 8. Title Searches compensation does not include the cost for obtaining title searches. MAY: mro \R: \MAD\Documents \Agreements\O \Oshkosh, City of ( WI)\ SoWesthavenDr9t] iAveIntrsctnImps .2008\Agr \1382.038.doc OWNER shall compensate ENGINEER for Design Services and Bidding- Related Services for a an estimated fee of $68,000. Hourly billing rates are adjusted annually on July 1 and are currently as follows: Hourly Billing Rates Principal Engineer $204 to $321 Senior Project Manager $135 to $249 Project Managers $ 66 to $161 Project Engineers and Scientists $ 51 to $110 Engineering Technicians and Draftspersons $ 39 to $104 Office Production $ 65 Average 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. ENGINEER's wage scales are adjusted annually on July 1. The fees as indicated above include a wage scale that assumes the Services being completed by December 31, 2009. 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 estimated fees 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 on March 1, 2009, and ending on December 31, 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, expressed or implied, under this Agreement or otherwise, in connection with ENGINEER's services. OWNER's Responsibilities 1. OWNER shall assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the PROJECT including previous reports, previous drawings and specifications, and any other data relative to the scope of the project. MAY:mro\R:\ MAD\ Documents\Agreements\O1Oshkosh, City of ( Wn\ SoWesthavenDr9thAveIntrsctnImps .2008\Agr \1382.038.doc City of Oshkosh Page 3 STRAND February 10, 2009 ASSOCIATES, INC.- E N G I N E E R S Compensation OWNER shall compensate ENGINEER for Design Services and Bidding- Related Services for a an estimated fee of $68,000. Hourly billing rates are adjusted annually on July 1 and are currently as follows: Hourly Billing Rates Principal Engineer $204 to $321 Senior Project Manager $135 to $249 Project Managers $ 66 to $161 Project Engineers and Scientists $ 51 to $110 Engineering Technicians and Draftspersons $ 39 to $104 Office Production $ 65 Average 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. ENGINEER's wage scales are adjusted annually on July 1. The fees as indicated above include a wage scale that assumes the Services being completed by December 31, 2009. 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 estimated fees 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 on March 1, 2009, and ending on December 31, 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, expressed or implied, under this Agreement or otherwise, in connection with ENGINEER's services. OWNER's Responsibilities 1. OWNER shall assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the PROJECT including previous reports, previous drawings and specifications, and any other data relative to the scope of the project. MAY:mro\R:\ MAD\ Documents\Agreements\O1Oshkosh, City of ( Wn\ SoWesthavenDr9thAveIntrsctnImps .2008\Agr \1382.038.doc Im City of Oshkosh Page 4 STRAND February 10, 2009 ASSOCIA INC.- E N G I N E F R S 2. OWNER shall 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 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. 3. OWNER shall provide access to the site as required for ENGINEER to perform Services. 4. OWNER agrees to hold harmless and indemnify ENGINEER against all damages, claims, and losses, including defense costs, arising out of OWNER's modification or reuse of any of the drawings and specifications without the written authorization of ENGINEER. ENGINEER acknowledges that the drawings and specifications prepared in performance of this Agreement shall be property of OWNER for this project upon payment. Therefore, ENGINEER will, within the scope of this Agreement, provide OWNER with reproducible copies including electronic copies of project drawings and specifications and authorizes OWNER to make copies of such drawings. 5. OWNER shall provide ENGINEER with soil boring report. OWNER shall provide ENGINEER with 12 -hour traffic counts, including turning movements (from 6 A.M. to 6 P.M.) at the intersection of South Westhaven Drive and West 9th Avenue. 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. Payment Requests ENGNEER'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. 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. Nonpayment 30 days after the date of receipt of ENGNEER's invoice may, at ENGNEER's option, result in assessment of a 1 percent per month carrying charge on the unpaid balance. MAY: mro \k:\MA7\Documents`,Agreements \O \Oshkosh, City of ( WI)\ SoWesthavenDr9thAvelntrsetnlmps .2008 \Agr \1382.038.doc City of Oshkosh Page 5 STRAND February 10, 2009 ASSOCIATES, 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. 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 the 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. Matthew S. Richards �I a e — Corporate Secretary OWNER: CITY OF OSHKOSH �70 3 Mari Rohloff ate City Manager 5 MAY:mro\R MAD \DocumentsWgreements \O\Oshkosh, City of ( WI)\ SoWesthavenDr9thAveIntrsctnImps .2008 \Agr \1382.038.doe Peggy §te Date