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Home My WebLink AboutPW CNT 12-03/Strand Associates CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5065 FAX (920) 236-5068 LETTER OF TRANSMITTAL To: Mr. Matthew Yentz Date: June 27, 2012 Strand Associates, Inc. Subject: Executed Agreement 910 West Wingra Drive Construction-Related Services Madison, WI 53715 Sawyer Creek Channel Improvements Contract 12-03 Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: Enclosed is a copy of the executed agreement for construction-related services for the Sawyer Creek channel improvements. A Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. City Attorney's Office—Copy City Clerk's Office — Original cc: _ File — Original Signed: r' / Tra aylor I.\Engineering\12-03 Sawyer Creek Channel Improvements\Project_Information\Correspondence\Transmittals 112-03 LOT-Strand Agreemnt-Const Serv_6-27-12.docx • AGREEMENT 2012, by and THIS AGREEMENT, made on the�2 day of ��, y between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Strand Associates, Inc. 910 West Wingra Drive, Madison, WI 53715, 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, for Construction Related Services related to the City of Oshkosh Contract 12-03 — Sawyer Creek Channel Improvements. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this Agreement: Matthew Yentz, P.E., Project Manager 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: James Rabe, P.E., CPESC, Civil Engineering Supervisor ARTICLE III. SCOPE OF SERVICES The CONSULTANT will provide the following services to the CITY for the entirety of Contract 12-03 — Sawyer Creek Channel Improvements: 1. Review shop drawings, interpret and clarify Contract Documents, prepare change orders and field orders for signature as necessary, review applications for payment and make payment recommendation to CITY, and provide general engineering services under the authority given to CONSULTANT in the Contract Documents. 2. Provide a resident project representative for full-time observation of construction. In furnishing observation services, CONSULTANT's efforts I:\Engineering112-03 Sawyer Creek Channel Improvements\Project_Informa lion\Construction_Admin\Strand CRS\Sawyer Creek Dredging-Strand CRS Agreement.doc Page 1 of 5 will be directed toward determining for CITY that the completed project will, in general, conform to the Contract Documents; but CONSULTANT will not supervise, direct, or have control over the contractor's work and will not be responsible for the contractor's construction means, methods, techniques, sequences, procedures, or health and safety precautions or programs, or for the contractor's failure to perform the construction work in accordance with the Contract Documents. The resident project representative shall take minutes for all meetings between CITY, CONSULTANT and contractor. 3. Provide record drawings in AutoCAD, portable document file (.PDF), and paper format based on information compiled from contractor's records. CONSULTANT is providing drafting Services only for record drawings based on the records presented to CONSULTANT by contractor and CITY. 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 services, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with the services within a reasonable time period. The CITY agrees that all reports, drawings, specifications, computer files,field data, notes, and other documents and instruments prepared by the CONSTULTANT as a part of Agreement are intended to be used only for the original construction of the Sawyer Creek Channel Improvements. Any future re-use for other purposes is at the CITY's risk. The CITY will retain the services of a geotechnical consultant separate from this Agreement to provide any necessary geotechnical evaluations and recommendations. The CITY will perform construction staking to mark the location, alignment,elevation and grade of the work. ARTICLE V. TIME OF COMPLETION The services to be performed under this Agreement shall be commenced and the services completed by December 31, 2012. 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 I:\Engineering112-03 Sawyer Creek Channel Improvements\Project_Inforrnation\Construction Admin\Strand CRS\Sawyer Creek Dredging-Strand CRS Agreement.doc Page 2 of 5 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 sub-consultants 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 VIII. INSURANCE The CONSULTANT shall hold insurance as required by the City. Specific requirements are attached and incorporated into this Agreement. ARTICLE IX. 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. 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. The CONSULTANT may request a meeting upon receiving notice that the CITY intends to terminate this Agreement, the CITY may or may not grant the request. 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. I.\Engineering112-03 Sawyer Creek Channel Improvements\Project_Information\Constructor Admin\Strand CRS1Sawyer Creek Dredging-Strand CRS Agreement.doc Page 4 of 5 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. If an adjustment to schedule is required due to circumstances out of the CONSULTANT's control, the CONSULTANT may be entitled to an adjustment in compensation. ARTICLE VI. 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: • Hourly Rate plus Expenses basis, an amount Not to Exceed $145,000 (One Hundred Forty Five Thousand Dollars). 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. Third Party Costs. The CITY will contract direct with third parties for any services that may be required as a part of the Contract. The CONSULTANT shall solicit proposals as necessary and provide sufficient information to the CITY that will allow it to enter into the third party contracts. The CONSULTANT shall include the CITY of Oshkosh Insurance Requirements and Contractor Safety documents in all solicitations of proposals. D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges and equipment rental shall be considered overhead and shall not be invoiced separately to the project. E. Expenses. Expenses may be billed with up to a maximum of 10% mark up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of the expense(s) not having documentation included. F. 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 services covered under the subject amendment. ARTICLE VII. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh I:\Engineeringl12-03 Sawyer Creek Channel Improvements\Project Information\Construction Admin\Strand CRS\Sawyer Creek Dredging-Strand CRS Agreement.doc Page 3 of 5 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 / G By: / (1'6R-ik:L6LL4 (Seal of CONSULTANT (Specify Title) if a Corporation.) G By: (Specify Title) CITY OF OSHKOSH _ 121--,k, y �_"e_ �'-tiL� (Witness) Mark A. Rohloff, CITY Mara er GJ. C. n Toc And: I ` �e i /' , La' (Witness) Pamela R. Ubrig, CITY Cledl. APP'OVED: I hereby certify that the necessary provisions ' I have been made to pay the liability which ,�,_ which will accrue under this Agreement. .1 LL 1�. i4 i W • ITY Attorn- ,, .3 CITY Com t�bller I:\Engineering\12-03 Sawyer Creek Channel Improvements\Project InformationlConstruction Admin1Strand CRS1Sawyer Creek Dredging-Strand CRS Agreement.doc Page 5 of 5