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HomeMy WebLinkAboutcont 13-12/Strand Associates CITY OF OSHKOSH LEGAL DEPARTMENT 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5115 FAX(920)236-5106 LETTER OF TRANSMITTAL To: Strand Associates Date: 03/12/12 910 West Wingra Dr. Project: Washburn Street Trail Madison, WI 53715 From: Carol Marchant, Admin. Assistant Re: Contract 13-12 Attn: Matt Yentz Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Agreement ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans El Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk El Other Quantity Description 1 Signed Agreement for Contract 13-12 — Design Services Washburn Street Trail These are being transmitted as indicated below: ❑ For Approval ® For Your Use El As Requested ❑ For Review&Comment Remarks: Signed: Carol Marchant cc: City Clerk (original) Transportation Dept. (original) City Attorney (copy) • AGREEMENT THIS AGREEMENT, made on the 25,1'1 day of F E g RUNNY , 2013, by and 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 Engineering Design Services related to City of Oshkosh Contract 13-12 —Washburn Street Trail. 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: Christopher Strong, P.E., Director of Transportation ARTICLE III. SCOPE OF SERVICES The CONSULTANT shall provide the services described in the City of Oshkosh Request for Proposals, Engineering Design Services for Washburn Street Multi-Use Trail, dated January 18, 2013; and the CONSULTANT's proposal dated February 15, 2013. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service C:\Users\rachelf\AppData\Loral\Microsott\Windows\Temporary Internet Files\Content.Outlook\U7VGOLIF\Strand Contract.docx Page 1 of 6 shall remain the property of the CITY. The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence normally employed by professional CONSULTANTs or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the construction of the Washburn Street trail, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate construction cost or schedule. Therefore, it is understood between the parties that the CONSULTANT makes no warranty that CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and will be furnished in AutoCAD, portable document file (.PDF), and paper format. CONSULTANT is not responsible for any errors or omissions in the information from others that CONSULTANT reasonably relied upon and that are incorporated into the record drawings. 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 design and construction of the Washburn Street trail. 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. ARTICLE V. TIME OF COMPLETION The services to be performed under this Agreement shall be completed by C:1 Users\rachelf'AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\U7VGOLIF\Strand Contract.docx Page 2 of 6 August 31, 2013. 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. 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. 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. Request for Proposals dated January 18, 2013 and attached hereto. 3. CONSULTANT's Technical Proposal and Cost Proposal dated February 15, 2013 and attached hereto. 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. 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: • The City shall pay to the CONSULTANT for the performance of the con- tract the total sum of $19,500.00 (nineteen thousand and five hundred dollars), adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. • Attached fee schedule in CONSULTANT's cost proposal shall be firm for the duration of this Agreement. C:1Users\rachelMppDatalLocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\U7VGOLIF\Strand Contract.docx Page 3 of 6 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 directly 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 are included in the fee schedules 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 those expense(s) not including documentation. 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 VIII. CONSULTANT 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 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 IX. INSURANCE The CONSULTANT shall hold insurance as required by the CITY. Specific requirements are attached and incorporated into this Agreement. ARTICLE X. TERMINATION C:W sers\rachelfAppData\Local\Microsott\Windows\Temporary Internet Files\Content.Outlook\U7VGOLIF\Strand Contract.docx Page 4 of 6 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. C:Wsers\rachelf\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\U7VGOLIF\Strand Contract.docx Page 5 of 6 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 0 By: • OC c v • p o r a-4-C-5e.c.*C-4-D-1470 (Seal of CONSULTANT I (Specify Title) I if a Corporation.) By: (Specify Title) CITY OF OSHKOSH 4r <� Z�Get ti IL By: 9 (Witness) Mark A. Rohloff, City Manager �., IP t 7G�/ Z-1 And: Th _ LA ,..� (Witness) Pamela R. Ubrig, City Jerk APP lOVED: I hereby certify that the necessary provisions da have been made to pay the liability which •m`--r whic will accrue under this Agreement. " a 0„...14 C' Attorne City Comptroller C:\Users\rachett\AppData\Local\Microsoft\Windows\Temporary Internet Files\COntent.Outlook\U7VGOLIF\Strand Contract.docx Page 6 of 6