HomeMy WebLinkAbout29. 12-245
MAY 9, 2012 12-245 RESOLUTION
(CARRIED___7-0____ LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: AWARD ENGINEERING AGREEMENT TO KUENY ARCHITECTS LLC
FOR DESIGN / BIDDING / CONSTRUCTION MANAGEMENT SEVICES
RELATED TO THE UPGRADE OF THE CENTRAL GARAGE
($604,000.00)
INITIATED BY: DEPARTMENT OF PUBLIC WORKS
WHEREAS, the Common Council through Resolution 12-215 at its April 24, 2012
meeting authorized City staff to proceed with plans to replace the existing City of Oshkosh
Central Garage with a new facility in the same area, which is the south side of Witzel Avenue
between Ohio Street and Idaho Street;
WHEREAS, the City previously retained Kueny Architects to perform a comprehensive
space analysis for the space necessary to consolidate and house existing operations and to
allow for future growth / expansion;
WHEREAS, given Kueny Architects’ skills and knowledge of this project they are in the
best position to advance this project in a timely and efficient manner and therefore are the
best candidate to perform the functions outlined in the attached Agreement;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that Kueny Architects be retained to continue working on and advancing the City’s
Central Garage project as described in the attached Agreement, and that City staff is
authorized to enter into a contract with Kueny Architects in a form substantially similar to the
Agreement attached hereto.
CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkosh,Wisconsin
54903-1130 City of Oshkosh .
Of HKOIH
MEMORANDUM
DATE: May 4, 2012
TO: Honorable Mayor and Members of the Common Council
FROM: David C. Patek, Director of Public Workscf)
RE: Award of Engineering Services Agreement to Kueny Architects, LLC (Kueny) for
Design/Bidding/Construction Management Services Related to Upgrade of the Central
Garage
BACKGROUND
The Common Council has approved the Witzel Avenue location as the site for this project per Resolution
12-215. Kueny has created a conceptual design for this project and the next phase would be to create
construction plans, advertise for bids, and complete the upgrade.
ANALYSIS
The next phase will include building layout, preparation of plans/specifications, obtain local/state permits,
advertise for bids, construction management, final inspection, and warranty period inspections. We plan
on obtaining initial input for this project from the Sustainability Advisory Board (SAB) in June. We will
also update the SAB regarding sustainable features included in the project at their August meeting.
FISCAL IMPACT
Kueny has calculated an estimated project cost of$19.67 million for this project. This amount includes
an allowance for environmental remediation in the amount of $3.5 million, as well as a project
contingency of $2,566,144 or 15% (see attached). The project is anticipated to be completed over the
2012 to 2014 time frame. The 2012-2016 Capital Improvement Program (CIP) had proposed $3.0
million per year for the anticipated time frame for this project based on information developed in 1998.
The design/construction management agreement with Kueny is estimated at $604,000. The CIP has
$1.1 million of funding from previous borrowings which covers this expenditure.
RECOMMENDATION
I recommend approval of the agreement with Kueny Architects, LLC.
Approved,
Mark A. Rohloff
City Manager
Attachment
H.\tracyt\Tracy's Files Streets-Sanitation-Central Garage\Field Operations Facility\Rohloff Memo to CC-Kueny Arch CA-Des&Const Mgmt 5-4-12.docx
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AGREEMENT
THIS AGREEMENT, made on the day of , 2012, by
and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as
CITY, and KUENY ARCHITECTS, L.L.C., 10505 Corporate Drive, Suite 100, Pleasant
Prairie, Wisconsin 53158, party of the second part, hereinafter referred to as the
CONSULTANT,
WITNESSETH:
That the CITY and the CONSULTANT, for the consideration hereinafter named,
enter into the following Agreement. The CONSULTANT's Proposal (Scope: Item 3 —
Design Development Phase; Item 4 — Construction Documents Phase; Item 5 —
Permits, Approvals, and Funding Administration; Item 6 — Bidding and Negotiation
Phase; Item 7 — Construction Phase-Project Consultation Services; Item 8 — Project
Close-Out; and Item 9 — Post Construction) and the City of Oshkosh's Request for
Qualifications for Design/Planning Services for the Public Works Field Operations
Facility are attached hereto and reflects the agreement of the parties except where they
conflict with this Agreement, in which case this Agreement shall prevail.
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The CONSULTANT shall assign the
following individual to manage the project described in this Agreement:
Jon P. Wallenkamp —Associate
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:
David C. Patek, P.E. — Director of Public Works
ARTICLE III. SCOPE OF WORK
The CONSULTANT shall provide the services described in the CONSULTANT's
Proposal. The CONSULTANT may provide additional products and/or services if such
products/services are requested in writing by the Authorized Representative of the City.
All reports, drawings, specifications, computer files, field data, notes, and other
documents and instruments prepared by the CONSULTANT as instruments of service
shall remain the property of the CITY.
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ARTICLE IV. 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.
ARTICLE V. 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 CITY's Request for
Qualifications.
The CONSULTANT shall perform the services under this Agreement with
reasonable diligence and expediency consistent with sound professional practices. The
CITY agrees that 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.
ARTICLE VI. 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. City of Oshkosh Request for Qualifications for Design/Planning Services
for the Public Works Field Operations Facility
3. Consultant's Proposal
In the event that 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.
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ARTICLE VII. 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:
• Time and Materials Not to Exceed $604,000 (Six Hundred Four
Thousand Dollars).
• Attached fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The CONSULTANT shall submit itemized monthly
statements for services. The CITY shall pay the CONSULTANT within 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.
ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS
The CONSULTANT covenants and agrees to protect and hold the City of
Oshkosh harmless against all actions, claims, and demands of any kind or character
whatsoever which may in any way be caused by or result from the intentional or
negligent acts of the CONSULTANT, his agents or assigns, his employees, or his
subcontractors related however remotely to the performance of this Agreement or be
caused or result from any violation of any law or administrative regulation, and shall
indemnify or refund to the CITY all sums including court costs, attorney fees, and
punitive damages which the CITY may be obliged or adjudged to pay on any such
claims or demands within thirty (30) days of the date of the CITY's written demand for
indemnification or refund.
ARTICLE IV. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements.
ARTICLE X. 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.
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B. For Convenience. The CITY may terminate this Agreement at any time by
giving written notice to the CONSULTANT no later than 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.
In the Presence of: CONSULTANT
By:
(Seal of Consultant (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By:
(Witness) Mark A. Rohloff, City Manager
And:
(Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
which will accrue under this Agreement.
City Attorney
City Comptroller
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