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HomeMy WebLinkAboutStrand Associates/Transportation AGREEMENT THIS AGREEMENT, made on the 15th day of May, 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 design of an off road multiuse trail along Washburn Street from the south side of the STH 26 to the north side of STH 44. The trail will be located within a 20 foot permanent easement for the majority of the project length and within the existing right of way where there is curb and gutter and storm sewer. A right of way plat will be developed for the length of the project. Specific tasks include the following: 1. Communicate with the CITY to keep them apprised of the project progress through the course of the project. C:\Users\Matty\AppData\Local\Microsoft\Windows\Temporary Internet Files\Conter:t OuBooxt1 1317rTMIStrand Contract 051513.docx Page 1 of 7 2. Prepare WDNR Notice of Intent (NOI) permit. 3. Prepare WDNR Chapter 30 permit. 4. Prepare USACE general permit. 5. Prepare Winnebago County erosion control permit. 6. Communicate with DATCP regarding project impacts to adjacent farm land. 7. Conduct a wetland delineation for the project corridor. 8. Provide structural foundation design for up to one prefabricated bridge. 9. Assist the CITY in hiring a geotechnical consultant for the project. 10. Assist the CITY in conducting one public informational meeting. 11. Attend up to three (3) meetings with property owners. 12. Provide pedestrian signal design to be incorporated into the existing traffic signals at STH 26 and STH 44. 13. Communicate with WisDOT regarding pedestrian improvements to the STH 26 and STH 44 intersections. 14. Assist the CITY in hiring an archaeological/historical consultant for the project. 15. Communicate with the CITY's environmental consultant regarding the project. 16. Complete a supplemental topographic survey of the project area outside of the survey area provided by the CITY. 17. Prepare a right-of-way plat for the project area. 18. Prepare preliminary design drawings including opinion of probable construction cost for review by the CITY. 19. Prepare final design drawings including opinion of probable construction cost incorporating CITY's review comments from preliminary design review. 20. Prepare technical Special Conditions to the CITY's Standard Specifications. 21. Assist CITY in preparing the Official Notice to Contractors. C:IUsers\Matty\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\LI3107TMIStrand Contract 051513.docx Page 2 of 7 22. Prepare list of bid items and estimated quantities for CITY's inclusion in the Proposal for City Contract. 23. Provide a list of encroachments within the existing right of way. 24. Stake the proposed easements during on concurrent survey for use by the CITY's appraiser. 25. Assist the CITY in hiring a title search firm. 26. Prepare for, attend, and provide minutes for up to three (3) design meetings with the CITY. 27. Prepare for, attend, and provide minutes for up to two (2) meetings with local utilities. 28. Provide assistance answering questions and preparing addendums during the advertisement period for the project. 29. Perform a post construction survey of the improvements. 30. Provide up to ten (10) print plan sets to facilitate CITY review of the preliminary design. 31. Provide up to ten (10) print final plan sets. 32. Provide one (1) digital copy of the final design in AutoCAD Civil 3D. 33. Provide one (1) high resolution PDF copy of the final design plan set for reproduction purposes. 34. Provide one (1) high resolution PDF copy of the record drawings based on information provided by the CITY and the post construction survey. 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. 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 C:1Users1Matty\AppData\LocallMicresoft\Windows\Temporary Internet Files\Content.Outlook1L13107TM\Strand Contract 051513 docx Page 3 of 7 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: May 31, 2014 (through bidding) Nov 30, 2014 (through record drawings) 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 C:\Users\Matty\AppDatalLocal\Microsoft\Windows\Temporary Internet Files1Contenl.Outlook\L13107TM\Strand Contract 051513.docx Page 4 of 7 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: • The City shall pay to the CONSULTANT for the performance of the contract the total sum of $177,800.00 (one hundred seventy-seven thousand eight 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. 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. C:\Users\MattytAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook1L13107TM\Strand Contract 051513.docx Page 5 of 7 ARTICLE VII. 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 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. C\Users\Matty.AppData\Loca!\Microsoft\Windows\Temporary Internet Files\Content.Outlook1L13107TM1Strand Contract 051513.docx Page 6 of 7 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 Nit j Q . 1,2-----L( et a° By: /y4 a__wtz_ C..,"......"--4--t__ r.e.C N A— c3.- W7 (Seal of CONSULTANT / (Specify Title) if a Corporation.) By: - - (Specify Title) () CITY OF OSHKOSH JI L JA 4, .� By: / g � — l (W' ..ss) Mark A. Rohloff, City Manager / i . al � ;� And. _ e..: v' 4 (Wi r Ness) Pamela R. Ubrig, City C rk 4 APPROVED: I hereby certify that the necessary provisions 1 have been made to pay the liability which �- which will accrue under this Agreement. D, A 11i1 L' A 1 ity Attorn • City Comptr6ll4 C:\Users\Matty.AppDatalLocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook1L13107 T M1Strand Contract 051513.docx Page 7 of 7 EXHIBIT A Hourly Billing Rates Principal Engineer $200 to$376 Senior Project Manager $151 to $189 Project Managers $ 88 to$160 Project Engineers and Scientists $ 71 to $127 Engineering Technicians and Draftspersons $ 49 to $117 Office Production $ 75 Average * Please note that trade secrets such as billing rates are exempt from the Wisconsin Open Records Law and are not intended for public disclosure.