HomeMy WebLinkAboutPW CONT 15-17/Gremmer & Associates r �
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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. Thomas Lanser Date: January 19, 2015
Gremmer&Associates, Inc. Sub'ect: Executed Agreement
93 South Pioneer Road, Suite 300 West Fernau Avenue Design
Fond du Lac, WI 54935 Services
Contract 15-17
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
Quantit Descri tion
1 Executed A reement
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 the West Fernau Avenue design services. Please
reference Res. No. 15-12 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:
, Trac L. aylor
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AGREEMENT
This AGREEMENT, made on the �day of � , 2015, by
and between the CITY OF OSHKOSH, party of the first part, hereinaft referred to as
CITY, and GREMMER & ASSOCIATES, INC., 93 South Pioneer Road, uite 300, Fond
du Lac, WI 54935, 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 WEST FERNAU AVENUE DESIGN
SERVICES.
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The CONSULTANT shall assign the
following individual to manage the PROJECT described in this AGREEMENT:
Thomas Lanser— President
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:
Pete Gulbronson, P.E., CDT — Civil Engineering Supervisor
ARTICLE III. SCOPE OF WORK
The CONSULTANT shall provide the services described in the CITY'S Request
for Proposal. 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
shall remain the property of the CITY.
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ARTICLE IV. STANDARD OF CARE
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.
ARTICLE V OPINIONS OF COST FINANCIAL CONSIDERATIONS. AND
SCHEDULES
In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, 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 project cost or schedule. Therefore, it is understood befinreen the parties that
the CONSULTANT makes no warranty that the CITY's actual project costs, financial
aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions,
analyses, projections, or estimates.
ARTICLE VI. RECORD DRAWINGS
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others. CONSULTANT is not responsible for any errors or
omissions in the information from others that the CONSULTANT reasonably relied upon
and that are incorporated into the record drawings.
ARTICLE VII. 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 VIII. ASBESTOS OR HAZARDOUS SUBSTANCES
If asbestos or hazardous substances in any form are encountered or suspected,
CONSULTANT will stop its own work in the affected portions of the PROJECT to permit
testing and evaluation.
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If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos
remediation activities using a qualified subcontractor at an additional fee and contract
terms to be negotiated.
If hazardous substances other than asbestos are suspected, CONSULTANT will,
if requested, conduct tests to determine the extent of the problem and will perForm the
necessary studies and recommend the necessary remedial measures at an additional
fee and contract terms to be negotiated.
CITY recognizes that CONSULTANT assumes no risk and/or liability for a waste
or hazardous waste site originated by other than the CONSULTANT.
ARTICLE IX. CITY'S INSURANCE
CITY will maintain property insurance on all pre-existing physical facilities
associated in any way with the PROJECT.
CITY will provide (or have the construction contractor(s) provide) a Builders Risk
All Risk insurance policy for the full replacement value of all project work including the
value of all onsite CITY-furnished equipment and/or materials associated with
CONSULTANT's services. Upon request, CITY will provide CONSULTANT a copy of
such policy.
ARTICLE X. 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
Proposal.
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.
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ARTICLE XI. 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's Request for Proposa/ dated November 20, 2014 and attached
hereto
3. CONSULTANT's Proposal dated December 10, 2014 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 XII. 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:
• Lump sum basis $141,135.24 (One Hundred Forty-One Thousand One
Hundred Thirty-Five Dollars and Twenty-Four Cents).
• 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 thirty (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 XIII. HOLD HARMLESS
The CONSULTANT covenants and agrees to protect and hold the City of
Oshkosh harmless against all actions, claims, and demands which may be to the
proportionate extent caused by or result from the intentional or negligent acts of the
CONSULTANT, his/her agents or assigns, his/her employees, or his/her 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
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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 for those actions, claim, and demands caused by or resulting from intentional or
negligent acts as specified in this paragraph.
Subject to any limitations contained in Sec. 893.80 and any similar statute, of the
Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any
and all liability, including claims, demands, losses, costs, damages, and expenses of
every kind and description (including death), or damages to person or property arising
out of re-use of the documents without consent where such liability is founded upon or
grows out of the acts or omission of any of the officers, employees or agents of the City
of Oshkosh while acting within the scope of their employment.
ARTICLE XIV. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements.
ARTICLE XV. 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 ten (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.
ARTICLE XVI. RE-USE OF PROJECT DOCUMENTS
All reports, drawings, specifications, documents, and other deliverables of
CONSULTANT, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not. CITY agrees to
indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors,
and affiliated corporations from all claims, damages, losses, and costs, including, but
not limited to, litigation expenses and attorney's fees arising out of or related to the
unauthorized re-use, change, or alteration of these project documents.
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ARTICLE XVII. SUSPENSION, DELAY, OR INTERRUPTION OF WORK
CITY may suspend, delay, or interrupt the services of CONSULTANT for the
convenience of CITY. In such event, CONSULTANT's contract price and schedule shall
be equitably adjusted.
ARTICLE XVIII. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other than CITY and
CONSULTANT and has no third-party beneficiaries.
In the Presence of: CONSULTANT
By:
1'�o�t,u.5 Lltnl�
(Seal of Consultant 1 ��5� �
if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By: /r¢--
(Witness) Ma c A. Rohloff, City Manarer
And:
(Witness) ame a R. bri i Cler' �
a�, �
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
ity orne
;��14�1U� �, .
City Comptroller
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llEP�RTlIE1VT OF PUBLIC�VORICS
' 215 Ctiurch Avenue � .
P.O.Hox 1130 � �
Oshkosh,\Visconsin SA903-1I30
Ph.(920)236-5065 .
' I�'as(92Q)23G-5068 Q�
ON THE V/ATER
November 10,2014
Gremmer and Associates,Inc.
AT"IN; Tom Lanser, P.E.
93 Pioneer Drive,Suite 300
Fond Du Lac,WI54935
RE: Request for Proposat- 4625-01-04/71 West Fernau Avenue.(Jackson Street to Vinland Street)
Dear Mr.Lanser:
The City of Oshicosh is hereby requesting proposals be submitted for the design and preparation of construction
documents for the iirban reconshuction of West Fernau Aveaue fi�om Jackson Street to Vinland Street, All pIans
and specification preparation shall comply witl�the Wisconsin Depai�tment of Transportation standards.
Questions regai•ding this request for proposal shall be emailed to me at pgulbronson cr,ci.oshkosh.wi.us(�vith the
si�bject heading of"West Fernau Avent�c Design RFP Qnestions")by 12:00 noon on Monday November 24,
2014. The questions and appropriate responses will be distributed to all parties receiving this rec�uesf for pi•oposal
by 12:00 noo�i on Wednesday November 26,2014. Please submit four(4)hard copies of the proposal to my
atte�rtion no later tf�an 4:04 P.M.a�Wednesday December 1Q,2014. It is anticipated that tl�e contract will be
a�vac•ded at the January 13,2015 Coinmon council meeting.
Enclosed with this Iettea•are tl�e Following:
• Scope of Seivices
. • Map of the Area �
• State/Municipal Agreement for the Project � �
• Sample of the Standard Engineering Services Agree3nent �
• City of Oshkosh Insurance Requirements
The information contained tivithin these attachments shatl become pat�t of the Contract with tiie Consultant
selected to perfoc•m the services. '
If you liave any qaestions,please feel free to contact me.
Sincerely,
/ °Gi�" .
Pete Gulbronson,P.E.,C.D.T.
Civil Engineer Supervisor
Enclosures �
cc: David C.Patek,Director of Public`Vorks
Steve Gahde,Assistant Director of Public Works
File �
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ContractlGremmer RFP Letter.doc
West Fernau Avenue Construction
Jacl�son Sti•eet to Viiilaiid Street
Scope of Sei-vices —Design RFP
1. Prepare Construction Documents to e�tend �Vest Fernau Avenue from Jackson Stceet to Vinland Street,
�vhicl� includes new pavement and utilit��cotlstruction of an approximately 2,600 feet corridor.
A. Scope of�vork to include ne�v construction to estend West Fcriiau Aveuue froni J�ckson Stceet�vest
to Vinland Street. Project to iuclude a partial reconstruction of tl�e existing West Fernau Avenue /
Vinland Street intersection �nd a pai�tial reconstrucfion of the West Fernau Aveiiue/Jackson Sh•eet
intersectioi� for utility[ie-ius. Utility coiuiections at Jackson Street anci Vin]aud Street shall take into
account fut�ire �vork so that West Fernau Avenue�vi]1 not require disturbance during tl�e future street
reconstruction, Coordinate �vith City of Oshkosh to determine location of connections at these cross
streets, and for locations of future storm, saniTary, and ti��ater services. Utility maiti line stubs �vill be
iustalled to the right-of-�vay line. It is anticipated fhat West Fernau Ave�iue �vill be constcucted in
concrete as a 36-foot�vide street�vith rivo(2)travel lanes, and as a designated tiuck route. Facilities
�vill be constructed to accommodate Gicycles and pedestrians. Tl�e City of Oshkosh installed public
sanitary se���er in the right-of-�vay in 2004, but these stcttctures may need to reconstrnctecl or adjusted
to match the proposed design,
B. The construction project�vill be advet-tised, bid, ativarded, and mznaged by the Wisconsin Departinent
of Transportation(WDOT).
1. All plan aud s�ecification preparation shall comply�vitf� WDOT staudards.
2, Water maii� and service later�ls sl�all also comply with City of Oshkosh standarcls. A co�7y of the
latest version of the City of Oshkosli Stat�dard Speoifieations can be found at;
http://���������.ci.oshl<osh,wi,us/Public Works/
3, PJans to be pre��ared:
a. Titte Sheet.
b. Typical Cross Sections a�id Geilei•al Notes,
c. Specill Details, including road�vay elements, geometric layouts, and salvage/disposal of
higlnvay materials,
d. Miscellaneous Quantities.
e. Plan and Profile Sheets.
f. Computec Earthwoi•k Data and Mass Diagrauts,
g. Cross Sections.
h. Erosion Control Plan.
i. Signiii�Pl�iis,
j, Lighting Plans.
k. Laudscaping Plan.
l, Storm Sewei•Plall
i. This project is considered "Ne�v Development" per Wisconsin Administr�iive Code
Sectiou NR 151, �nd City of Oshlcosh Miuiicipat Code Cl�aptcr 14. Tl�erefore, post-
constr��ction storm �vlter mzna�ement practices are required to meet the performance
standacds,
ii, The City will be pe��forming six (G) double ring infiltration tests as a part of a separate
coirtract. These tests �vill be spaced alon� the riglit-of-�vay and used to deterniine the
infiltr�tion rates for purposes of ineeting the performaiice staiidards.
iii, It is etu•rently expected that infiltration s�vales �vill be designeci and constructed tivithiu
the ►•ight-of-�vay, Uehind the cui•b, iu order to h�eet the performance standards, It is
anticipated that these s�vales will remain iu place uiitil a regional storm �vater
, mana�ement plan is developed,�vhicl�ti�rill t(�en provide the management for the riglit-of
�vay.
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iv. It is anticipated thlt t1�e infiltration s�vales �vill drain to the existiiig stoi•m se�ver oii
Jackson Street, The storm sewer on Jackson Sh�eet fi•om Fern�u Avet�ue to tt�e existing
dcainage s�vale(aE�pro�imately 600 feet south)on the east side of J�cicson Street�vill need
to be analyzed for capacity, Design �vork for upgrading this storin se�vec sliould be
incor��orated in the storm sewer plan set,
m. Water Main Plan.
n, Project Overvie�v—Single Sheet Schematic Drawuig.
C. Prep�re Design.ReE�orts in accordaiice�vitli tlie WDOT F�cilities Development Manu�l(FDM};
1, Enci•oacl�meut Report.
2. Design Stuciy Report.
3. Pavement Design Repoi•t.
4. Trans 75 Checklist,
5, Transportation Man�genient Plan.
6. li�tersecfion Traffic Analysis
a, West Fernau Avenue /Vinland Street(e�istin�pavemeiit�vidtl�s may need to be adjusted).
b, West Fer�iau Avenue/Jackson Street,
7. Enviramnental Document.
D. �i�vironmenta(Documet�tation:
]. Environmental Repoi�t.
2, Phase 1 Envii•onmental Assessment, �
3, Phase 2 Bnvironmental Asscssment for up to rivo(2)sites.
4. Archeological and Historical Surveys in accordance�vith the FDM.
E. Utility Coordiiiatioii
1. Perfoi•m Utility Cooi•dination in accoi•daiice�j�itll:
a. '1'l�e FDM.
b. WDOT"Guide to Utility Coorciination".
a "Utility Coordination Task List for Design Consultaut Contracts",
2. Potential utifities present(list is not all inclusive):
a, Diggeis Hotline tickets will ide»tify all pai�ties being contacted to locate facilities.
b. City of Oshkosh(water, sanitary,storm,electric,and fiber optic).
c. Wisconsin Public Service(gas and electcic).
cl. AT&T(tele}�hone, fiber o��tic,and duct packages).
e. Time Wacner Cable,
f. TDS Metrocom.
g, KDL Fiber.
F. Agency Coordination/Permitting
1. Section 401 anc!402 Certificatio�ls:
a. Evaluate the effects of the Project on �vater quality in accord�nce witli tlie provisions of the
Clean Water Act,TRANS 400,and tlie rDM,and}�repare the necessary applications,
2. Coordinate with tlie Wisconsiu Deparfinent ofNat�u•al Resources(WDNR)and WDOT to i•eceive
Final Project Concurcence and/or Water Quality Certification.
3. Prepare a �vritten Storni Water Mauagement and Erosion �nd Sediment Control Plan report in
accordance wit1� City and WDNR requirements.
G, Prepare Detailed Construction Cost Estiinate for the follo�ving:
1. 30%plans.
2, GO% pla�is.
3. 90% plans,
4. PSE,
2. Soil Boriugs and Geotechnical Services;
A. Coiisultant to assist City i�i determining�iumber and location of soil bori�lgs.
B. 1'lie City currently has a soil boring contract and the soil borings for Fernau Avenue �vill be change
ordered iuto this caiitract.
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3. It is �►ntici�»ted fhat all ���orlc for this project tvil( bc compleYed withiu the existing right-of-�vay,
therefore uo Righf-of-Way Plat will Ue requii•ecl.
4. Public Inforui�tion and Involveiue�it
A. Conduct or assist the City in Iiolding one(I)Pufilic Liformational Meetings(buclget under Item 6).
B. Prepare 1I1 eshibits,handotit►uaterials, �nci AotiverPoint preseiitations for meetings,
C. Arepare suiumary re��ort of each tneetii�g ai�er the meeting (including summary of conui�ents
received).
D, Consult with Ciry to discuss conuiients i�eceived and recon�mend �ossible disposition of comments
ai�d suggestioiis;
E. Coordinate scheduling of ineeting�vitli City. Provide notices and press releases for the City to use in
notifying residents of ineeting.
F, Provide City a copy of all corresponclence and file notes.
5. Bidding Related Services:
A. Budget a mininium of ten (10) liours of design engineer time to anslver questions during the pc•oject
bidding.
B. Provide iufoi•matioti fo WDOT and assist tlle WI�OT iii prep�ratiou of Addenda during tlie project
bidding.
6. Meetiiigs(to be held ii� Oshkosh at�City-supplied locatioii):
A. Project T<ick-Off ineeting.
B. 30%plai�revie�v meeti�lg.
C. 60%plan revie�v meeting.
D. 90%plan revie�v meeting.
E. One(1)Public Iilformational Meeting(i��ay be held in the eveni�lg).
F. One(1)Utility Coordination Meeting.
G. P►�e-Construetion Confej�ence.
7. Informakion provided by the Ciry of Oshkosh;
A. Scanned images of design and/or as-built plans; as m1y be available.
B, �xisting right-of-way plats and dralvings,as may be avai(able.
C. GIS Data pei�tinent to the�roject—all information iuust be verified.
D. Accidef�t reports/d�ta foi•the project area.
E. Traf�c cotmts for the ix�oject area(should be completed by uiiddle of December),
�, Proposed water main size(will tie into 16-inch��vater niain o» each end},
G. Tlie topogrlphic and ma►ihole sui•vey ror this pi•oject is c�n•i•ently u�ider�vay at this time and �vill be
available �vl�en it completed. Tlie estimated time of com{�letion of the sucvey will be middle of
November.
8, Project Deliverable Matei•ials:
A. Complete Plans, Specific�tious, and Estimates package ancl all necessa�y reports and ciocumentation
required to coinplete the FDM design process.
B. AutoCAD Civi13D fi(es of all design�vork completed for the project. All files submitted as Civil 3D
DWG shall be fully compatible�vith AutoCAD Civi13D 2412 or earliai�.
C. Adobe Acrobat Portable Document Format(pd fl files of the Construction Plans(11"x 17"and 22"x
34")ancl Specifications.
9. Project Schedule:
A. Tl�e schedule shall foltow that for the PSE due date of March IG,2016.
�3. Proposal shall include a fimeline for al1 activities required per this Scope of Sei�vices and per the FDM
i�i order to meet tl�e March 16,2016 PSE date.
C, Allow five(5)�vorking days for City of Osl�kosh to i•eview any design submittals.
10, Pcoposals:
A. Proposal shall include at a minimum:
1. General c�ualificltions,
2. Statement of understauding.
3. Work plan.
4, Timeline for all activities, as notcd iu Item 9.
5. Hotu•s breakdown for each staff inember by task.
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6, Cost bre�kdo�vn for each staff inember by task.
7, Plznned project te�m and resnmes.
8. Related project esperience of the�3lanned project team, including references.
B. Proposal Cost Breakdown:
I. Provide a cost and hot�rs bre�kdo�vn by task for eacl.� staff ineqlbec as oatline<l in this RFP and
bi�oke�i ol�t into the follo�ving c�tegories:
a. Design Reports.
b: Envii•oiimental Doeiunentation,
c. Agency Coordination,
d. Utility Coordination.
e, Pttblic Involvement.
f. Meetings.
g, Pceliminary Desi�n,
h, Final Desigii for PS&E.
C. Proposal Selection and Agreement
1. The proposals lvill be revie«�ed for completeness and ho�v�vell it is detnonstrated that the necds
of the City of Oshkosh can be met. The a�vard of this�vork�ti�ill uot be based solely on cost of the
proposal.
2. Beyond this scope and bu�iget, the coutractual agreement tivill require the pcoposer to provide
proof of required insurauce coverage, uaming the City as an aclditional insurecl, to the City as pa►-�
of their RFP snbmittal. T'he City's insurance requiretuents are attacliecl to this RFP. U}�on
sigt�ature by designated City offici�ls, the agreement will become bindii�g aud the proposer may
begin to e�ecute its scope of�vork. A sample of the St�ndard Engineei•ing Services Agreement is
also nttaclicd to tl�is RFP.
I:�nginceiing�2014 CO�TRACTSll4-22�1'Femeu Avt DesU'roje.t_Informntion\Consultant Ursign Conlrac�151'cst£crnnu r'.rt Uesign lii'P_I I•10-14.doc Page�of 4
Gity �f Oshkosh
Fernau Avenue Const�ucti�n
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STATEIMUNICIPAL AGREEMENT Date: June 7, 2011 �
���5�°!�s�;�� �OR A STATE-LET URBANIZED f.D.:4625-01-00/71 �
`� ti- AREA STP-URBAN PROJECT
�' , � Road Name;W Fernau Ave �
. ; l.imlfs:�Jackson St�Vinfand St
�°F�'� Program Name: STP-Urban . Coun :Winnebago �
h'
� Population Group:50,000-200,000 Roadway Lengfh;0,5 miles .
� Sub-program#;206 Functiona!Classification: Collecfor •
Project Sponsor:City of Oshkosh '
� � Urbanized Area: Oshkosh .
� The signatory, Cify�of Oshkosh, hareinafter cafled fhe Municipality, through its undersigned duly authorized
officers'or officials, hereby requests fhe Sfate of Wisconsin Deparfinent of Transportafion, hereinafter called the
State, fo initiate and effect the highway or streef improvement hereinafter described. �
The authority for fhe Municipality to enfer into fhis agreemenf wifh the Sfafe is provided by Secfions 86.25('I), (2),
and (3)and Section 66.0301 of fhe Statutes. .
� NEEDS AND ES7IMATE SUMMARY: . �
�All components of #he project must be defined in fhe environmental document if any portion of the project is '
federally funded. The Municipality agrees to complefe afl participatirig and any non-participating work included in
this improvement consistenf with the environmental document. No work on final engineering and design may . .
occur prior fo approval of the environmenfaf document. • • . .
Existing Facility�- Describe and gEve reason for request:Fernau Avenue is one of the maJor EasWUest corridors
for tFie North side of Oshkosh. �ernau A"ve (Algoma Blvd to Vinland Street) serves the existing NW Industrial
Park and Fernau Ave (Jackson Sfreef to Moser Sfreet) serves the existing North Industrial Park. Compfetion of
this section af Fernau Ave will allow tra�c on Jackson Street(STH 76)#o have access to the upgraded US Hwy
41-US Hwy 45_interchange. It is part of a designated regional bicycle/pedesfrian system. � �
Proposed lmprovement�Nature of work:7he proposed project wi!!be a new street construcfion, lt will be an �
urban cross-section wifh 36 foot wide concrete pavement with curb and gutfer and storm sewer.There are no
existing sidewalks and is part of a�designated regional bicycle/pedestrian system. Facilities will be construcfed fo
accommodate bicycles and pedestrians. Cify of Oshkosh currentfy owns the 80'wide FtOW required for the
construction of this section of�ernau Avenue.The cify insfalled public sanitary sewer in the R�W in 2004.
Describe non-pariicipating work included�in the project and other work necessary to compfetely finish fhe project
that will ba undertaken independently by the Municipafity. Please note that non-parficipafing components of a �
projecf/contract are considered part of the overalf project and will be subject fo appficable Federal requirements:
Installation of public watermain, consfruct sanitary sewer-water laferals fo service adjoining prlvate property, and
adjust existing sanitary sewer manholes. �
��.� ��
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The Municipality agrees to the following 2011 -2014 Urbanized Area STP-Urban project funding conditions:
Project construction costs are funded with 72°/a federa! funding up to a maximum of$973,440 for all federal(y- .
funded project phases when the municipality agrees to provide the remaining 28%and a11 funds in excess of the
$973,440 federal funding maximum, in accordance with the Si"P Urban program guidelines for projects In
urbanized areas. Design, real estate, and utilify cosEs are 100% localty funded. Non-participating costs are
100% the responsibility of the municipa(ity.Anywork performed by fhe Municipafity prior to federal au#horization
' is not eligible for federal funding. 7he Municipafity wilf be nofified by the Sfate that the project is authorized and
avai(abfe for charging. . - � •
This project is currently schedu(ed in Sfate Fiscal Year 2014. ln accordance wifh the Sfate's sunset policy .
for Urbantzed Area STP Urban projecEs; the subjecE 2011-2014 Urbanized Area STP-Urban improvement
must be constructed and in fina!accepEance wifhin six years from the sEarE of Sfafe Fiscal Year 2012, or
by June 30, 2017. Extensions may be availabfe upon approval of a writfen request by or on behalf of the
Municipality to VUis�OT. The written request shall explain the reasons for project implementation delay and
revised timeline for project completion. .
The dollar amounts shown in the Summary Funding Table befow are federal maximum amounts unless explicifly
identified othervrise. The finaf Municipal share is dependenf on fhe final Federa( parficipation, and actual cosfs .
� will.be used in the final division of cost for biUin and reimbursemenf.
� SUMMARY OF COSTS
• Federal• ' Municfpal
PHASE 7otal Est.Gost Funds % Funds % •
� 1D 462b-01-00 • �
State Review $41,850 $d • 0% �41,850 100% ,
ID 4625-01-71 .
Parflcipating�Construction. . $1,330,100 $957,672 72% $372,428 28%+BAL - '
Non-Partic(pafing Construction $537,000 SO 0% $537,000 100%
State Review . $21,900 . $15,76$ 72% $6,132 28%+BAL
Total EsE.Cost Distribution �1,930,850 $973,440 ►�1/A $957,410 NIA
"Ttie percentage of project costs covered byfederal funding at approval,72%,is based on T1P Committee �
Action. Due tv the federal funding cap, which is $973,440 for all federalfy-funded project phases,
this percentage may change o�r the life of the project. . �
This request is subject to Ehe terms and conditions that follow (pages 2-- 7) and is made by the undersfgned
under proper auth�riry to make svch request for the deslgnated Municipality and upon signature by the State and
delivery to the MunEcipality sha11 constitute agreement befween fhe�Municipalifij and the State. No term or
provision of neither fhe State/Municipal Agreement nor any of its atfachments may be changed, waived or . .
terminated orall but onl b an instrument in writin executed b both arties to fhe State/Munici ai A reement. .
Signed for and in behalf of:City of OShkOSh (please slgn in bfue ink.)
. � Name -
Tif(e Date
Signed for and in behalf of the Sfate:
Name Tltie Dafe
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GENERAL TERMS AND CONDITIONS: � �
1. All projects must be in an approved Transportation (mprovement Program(TfP) or Sfate Transporfafion
lmprovemenE Program (STIP)prior to requesting authorization.
2. Work prior to federal authorizafion is ineligible for federal funding. .
3. The Munlcipality, throughout the entire project, commits fo comp(y with and promofe all applicable federal
and sfate faws and regulations fhat include, but are not limifed fo, the following:
a. Environmental requirements, including but not Iimifed fo fhose set forth in the 23 U.S.C. 139 and
National Environmental Policy Act(42 U:S.C.4321 et seq.) .
. - � b. Equai profection guaranteed under the U.S.Constitution, WI Constifution,Title V!of the Civi!Righfs Acf
� and Wis. Stat. 96.765. 7he municipality agrees fo comply with and promote applicabie Federal and
State�faws, Executive Orders, regulations, and implementing requirements infended fo provide for the
fair and equitabie treatment of individuafs and the fair and equitable delivery of setvices fo the public. In
addifion the Municipallty agrees not to engage in any iliegal discrimination in violafion of applicable
Federal or Sfate laws and regufations. This incluaEes but is not limited to Title VI of the Clvii Rights Act
of 1964 which provides that "no person in the United States sha(I, on fhe ground of race, color, or
national origin, be excluded from participation in, be denied the benefifs of, or be subjected to
discrimination under any program or activify receiving Federal financial assistance." i"he Municipalify .
• agrees that public funds, which are collecfed in�a t�ondiscriminafory manner, shouid not be used in .
. ways that subsidize, promofe, or perpetuate ilfegai discrimination based on prohibited factors such as
�race,color, nafional origin, sex,age, physical or mental disabifity, sexua!orientation, or refaliafion.
c. Prevailing wage requiremenfs,.including but not limited fo 23 U.S.0 113 and�Wis.Stat. 103.50.
d. Buy America Provision and its equivalent s4ate statufes, set forth in 23 U.S.C. 313�and Wis. Sfat. •
16.754. � . .
e, Competifive bidding requirements set forth in 23 U.S.0 112 and Wis. Sfat. 84.06. .
f. A1J D8E requiremenfs thaf the State specifies. �
g. Federal Stafutes that govern the Surface Transportafion Pragram, including but not limifed to 23 U.S.C.
� 133. � '
h.�General requirements for administering federal and stafe aid set forth in Wis. Sfat.84.03. �
STATE RESPONSIBlLtTiES AND REQUIREMENTS:
4. Funding of each project phase is subject to inclusion in Wisconsin's approved 2019 -2014_Urbanized Area �
STP-Urban program. Federal funding will be limited to particlpaflon in the costs of fhe fo(lowing ifems, as
applicable to the project:
a. The.grading, base, pavement, and curb and gut�er, sidewalk, and replacemenE of disturbed driveways
in kind. �
b. The substrucfure, superstructure, grading, base, pavement,.and other related bridge and approach
. items, . � �
c. Storm sewer mains necessary for fhe surface wafer drainage. �
d. Catch baslns and inlets for surFace water drainage of fhe improvement, wifh connecfions fo the storm
. sewer main. ' .
e. Construction engineering incldent to inspection and supervision of actua!consfruction work{except for
inspecfion, sfaking, and festing of sanitary sewer and wafer mainj. �
���'�i�nQ� t��Y:�nnebago.�;�:�� ag`e���of-'--T����"��D�`6��:�.Q����eg b �
j f..Signing and pavement marking. -
g. New fnstallafions or alferation of street lighting and fraffic signals or devices. � �
h, Landscaping.
i. Management Consultant and State Review Services. � . �
5. The work wiN be administered by fhe State snd may tnciude ifems nof eligible for Federal participation.
6. As fhe work progresses, the State will bill fhe Municipalify for work completed which is not'chargeable fo
Federal funds. Upon completion of the project, a fina! audit will be made to defermine the final dfvision of �
cosfs. If reviews or audits show any of the wotk to be ineligible for Federal funding, the Municipafify will be •
� responsible for any wifhdrawn costs associafed with the ineligible work.
MUNfC[PAL RESPONSIBf1.ITtES AND REQUIREMENTS:
7. Work necessary to complete the 2011-2014 Urbanlzed Area STP-Urban improvement project to be financed
' enti�el by the Municipality or other utility or facility owner�includes the items listed below, -
a. New instaflations of or alferafion of.sanitary sewers and connectioris, wafer, gas, electric, felephone,
telegraph, fire or police alarm facilities, parking meters,and similar utilities. �
b. Damages to abutting property affer project compiefion due to change in street or sidewalk widfhs,
grades or drainage. • . ; �
c. Detour routes and hau!roads, The muriicipality is responsibfe for determining the detour roufe.
� d. Conditioning, if required and maintenance of detour routes.
e. Repalr of damages to roads or streets caused by reason of their use in hauling materials incident to the
Improvemenf. . . .
. f. All work related to underground sforage fanks and contaminated soils. � .
� � g. Street and bridge�width in excess of standards, in accordance with the current WisD07 Facilities
. Development Manuaf(FDM). •
h. Real Estate for the improvement. �
!. �Preliminary Engineering and design. � . ,
8. The construction of the subject improvement wifl be in accordance with the appropriate standards unless an .
exception fo standards is granted by WisDOT prior to construcffon. The entire cost of the construction
project, not consfructed fo standards, wil! be the responslbifiry of the Municipaliry unless such exception is
granted." a - �
9. Work to be performed by the Municipality without Federal funding participation necessary fo ensure a '
comptete tmprovemenf accepfable to the Federal Nighway Adminisfration and/or the State may be done 1n a �
manner af the election of the Municipality but must be caordinafed with all other woric undertaken during
construction. ��
90. The Municipality is responsible for financing administrative expenses refated fo Municipal project .
responsibilities. �
11. The Municipality wi1! include in all contracfs executed by them a provision obligating the confractor not to
discrirr+inate against any employee or applicant for employment because of age, race, religion, color, �
���imingls�.�u'.�iebago,�;..g��',�a�.���"�'���:�E��62��O,�OL�?��I;�=�2e;g�o� � . ' .
� handicap, sex, physical condition, developm�ntal disabiliry as defined in s. 51.01 (5), sexual orientation as
defined in s. 111.32(13m}, or national origin. .
� 12. The Municipali#y will pay to the Sfate afl costs incurred by fhe Stafe.ln connectton with the improvement that
exceed Federal fnancing commitments or are ineligible for Federaf financing. In order fo guarantee the
Municipalify's foregoing agreemenfs to pay fhe Stafe, the Municipatity; through ifs.above duly authorized
officers or officials, agrees and a�fhorizes fhe Sfate to set off and withhold fhe required reimbursement
amount as defermined by the Stafe from any moneys ofherwise due and payable by the State to the
Municipalify. �
13. (n accordance with fhe Sfafe`s sunsef policy for Urbanized Area STP-Urban projecfs, the subject
� 201'1-2074 Urbatttzed Area STP-Urban improvemenE ►nust be•construcfed and in fina! accepfance
within six years from the sfart of Stafe Fiscal Year 20'E2, or by June 30, 2091. Exfensions may be .
availabfe upon approval of a written request by or on behalf of the Municipafity to WisDOT. The wriften
request shall explain the reasons for project implementation delay and revised timeline for project
completion. . � �
14. if fhe Municipality shoufd wifhdraw the project, It wil! reimburse the State for any costs incurred by the SEate
on behalf of the project. � � � . .
15. The Municipality will at ifs own cost and expense: . _ �
a. Mainfain all portions of ttie project that !ie wifhin its Jurisdiction (to include, but�not limifed to,
cleaning storm sewers, removing de6ris from sumps or inlets, and regular maintenancs of�the .
catch basins, curb and guffer, sidewalks and parking lanes jincluding snaw and ice removalJ} for •
� such maintenance fhrough stafutory requirements in a manner satlsfactory to fhe State, and will
� make ampie provision€or such maIntenance each year. .
� � b. Regulafe.[or prohibitj parking at alI times in the vicinity of fhe proposed improvements during their
construction.
c. Regulafe (or prohibifj all parking at Ioqafions where and when fhe pavement area usualfy occupied
by parked vehicles wi!!be needed to carry acfive fraffic in fhe street.
, d. Assume generai responsibility for all pubiic information and public relations for the project and.to
.make fitting announcement to the press and such ouflets as wouid generafly alerf fhe affected
property owners and the communiry of the nature, extent,, and fiming of the proJect�and
arrangemenfs for handling traffic within and around the project. � .
� e. Provide complete plans, specifications,and esfimates.� . . � �
f. Provide relocation orders and real esfate plats.
g. IJse the �sDOT UtilifyAccommodation Policy unless it adopfs a policy,which has equal or more
resfricfive controis. �
� h. Provide maintenance and energy for ligF�ting. , �
. i, Provide proper care and maintenance of a!! tandscaping elements of the project inciuding
replacement of any plant materials datnaged by disease, drought,vandalism or other cause. �
16, !t is further agreed by the Municipality that;
a. The Municipality assumes fuU responsibility for the design, installation, testing and operafion of any
sanitary sewer and water main infrastructure wifhin the Improvement projecf and relieves fhe stafe
and ali of its employees from liab)fify fnr all suits, acfions, or claims resulting from the sanitary
sewer and water main construcfion under this agreement.
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• b. The Municipalify assumes full responsibiliry for fhe plans and special provisions provided by their . ,
desfgner or anyone hired,contracfed or ofherwtse engaged by the Municipality. The Municipality is
�- responsible far any expense or cost resulting from any error or omission in such plans or special
provisions. i'he Municipafiry will reimburse WisDOT if WisDO`f incurs any cost or expense in arder
� to correct or otherwise remedy such error or omission or consequences of such error or omission.
c. 7he Municipality will be 100% responsible for atl cosfs associated with ufilify issues involving fhe
Contractor, including costs related fo uti(ify delays. � '
d. All signs and traffic controf devices and other protective sfructures erecFed on or in connecfion wifh
fhe project incfuding such of fhese as are instalfed at the sofe cosf and expense of the Munlcipality
or by others, will be in conformity wifh such"Manual of Uniform 7raffic Control Devices"as may be
� adopted by the American Association of State Highway and Transportation O�ciais, approved by
the State,and concurred in by the Federal Highway Adminisfration. '
� e. The righ4=of-way avaifable or provided�for the project will be hefd and malntained inviolate for pubfic
highway or street purposes. Those signs prohibifed under Federal aid highway regulations, posfers,
billboards, roadside stands, or ofher private insfallations prohibited by Federaf or State highway
regulations will not be permifted wifhin fhe right-of-way limifs of the project. The municipalify,within
its jurisdictional limits, will remove or cause to be removed from the right-of-way of the project a!i .
private insfallations of whaf�ver rtafure which may be or cause an obstruction or interfere with the
free flow of tra�c, or which may be or cause a hazard to fraffic, or which impair the usefulness of �
the project and ali ofher encroachments which may be required to be removed by the Stafe at its
own election or at the request of fhe Federal Nighway Administration, and that no such instailations
wili be permifted to be erected ar maintained in the future. ' �
LEGAL RELATIONSHJPS: �
17. The Stafe shalf nof be liable fo'fhe Municipality for damages or delays resuiting from work by ttiird parfies.
� 7he Sfate also�shall be exempt from liability fo fhe Municipalify for damages or, delays resuifing�from
• injunctions or other restrair�ing orders obtained by third parties. � .
18. 7he State wil! not be liable to any third parfy for injuries or damages resulfing from work under or for the
� Project. The Municipality and fhe Municipality's surety shall Indemnify and save harmless the State, ifs
ofFicers and employees; from al!suits, actions or claims of any character brought because of any injuries or
damages received or sustained by any person,�persons or properfy on account of the operations of the
� Municipality and ifs surefies; or on account of or in consequence of any neglect in safeguarding the wor.ic;or
because of any act or omission, neglect or misconduct of fhe Municipality or its sureties; ot because of any
claims or amounts recovered for any infringemenf.by the Municipality and its surefles of patenf, trademark or
copyright; or from any cla(ms or.amounfs arising or recovered under the Worker`s Compensafion Act,
relating to the employees of the Municipality and its sureties; or any other law, ordinance, order or decree
relating to the Municipality's operafions. ' ,
99. Contracf Modificafion: This State/Municipal Agreement can only modified by writfen instrumenfs duly .
executed by both pariles. No term o'r provision of neither this State/Municipal Agreement nor any of its
affachments may be changed,waived or terminafed orally.
20. Binding Effects: Aff terms of this Stafe/Municipal Agreemenf shail be binding upon and inure to the benefits �
of fhe legal representatives, successors and executors. No righfs under thls State/Munic+pal Agreemenf may
be fransferred to a fhird party. This SfatelMunicipal Agreemenf creates no third-parfy enfarcement rights.
21. Choice of Law and Forum:This Sfate/Municipal Agreement shall be inferprefed and enforced In accordance
with the Eaws of the State of Wisconsin. The Partles hereby expressly agree that the terms confained herein
and in any deect executed pursuanf fo this State/Municipal Agreement are enforceable by an action in the
Circuif Courf of Dane County, Wisconsin.
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PROJECT FUNDING CONDI7fOtJS
22�. The Municipality agrees to the following 2011-2014 Urbanized Area STF-Urban project funding conditions:
a. ID 4625-01-00: Design is funded 100%by the municipality.i'his phase inciudes Plan Development,
_ Management Consulfant Review, and Sfate Review.7he work incfudes project review, approval of
required reporfs and documents and processing the final PS&E document for award of the confract.
Costs for fhis phase include an estimated amount for sfate review activities.
` b, fD 4625-01-71: Construction:
i. Costs for roadway, sidewaiks, and storm sewer consfrucfion are funded with 72%federal funding
when the municipa(ity agrees fo provide the remairiing 28%.
ii. Non-participating Costs for Installafion of public wafermain, consfrucf sanitary sewer-water(aterals
fo service adjoining privafe property, and adjust existing sanitary sewer manholes are funded 100%
� by the Municipality. Costs incfude cons.truction delivery. � .
iii. Costs foc this phase include an esfimafed amount for sfaEe review activities, fo be funded 72%
. with federal funding and�8% by the Municipafity.
c. Project Cap; in accordance wifh STP-Urban program guldelines for projects in urbanized areas, State
action and TIP Committee action, this project has a federal funding cap of$973,440.Tf�is federat �
funding cap applies fo all federalfy funded projec#phases. . . � '
� [End of Document)
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A GREEMENT
This AGREEMENT, made on fhe day of , 2014, by
and between the CITY OF OSHKOSH, party of fhe first part, hereinafter referred fo as
CITY, and GONSULTANT'S NAME address , 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 WEST FERNAU AVENUE DESIGN
SERVICES.
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The CONSULTANT shall assign the
following individuai to manage the PROJECT described in this AGREEMENT:
Name—Title
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.
ART(CLE II. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the PR�JECT
described in this AGREEMENT:
Pete Gulbronson, P.E., CDT— Civil Engineering Supervisor
ARTIGLE III. SCOPE OF WORK
The CONSULTANT shall provide the services described in the CITY'S Request
for Proposal. CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. lf 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
shall remain the property of fhe CITY.
I;\Engineering12014 CONTRACTS114•22 W Fernau Ave Des1P%ecl Inlormalion\Consul(anl Desi9n Page 1 of 6
Conlracl181ank Currenl Apreemenl Form_11-10•14.docx
ART(CLE IV. STANDARD OF CARE
The standard of care applicable to CONSULTANT's services will be the degree
of skill and diligence normally employed by professianal 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.
ARTICLE V OPINIONS OF COST FINANCIAL CONSIDERATIONS, AND
SCHEDULES
In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, 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 condifions; time or quality of perfarmance by operating personnel or third
parties; and other economic and operational factors that may materially affect the
ultimate project cost or schedule. Therefore, it is understood between the parties that
the CONSULTANT makes no warranty that the CITY's acfual project costs, financial
aspects, economic feasibility, or schedules will not vary from C�NSULTANT's opinions,
analyses, projections, or estimates.
ARTICLE VI, RECORD DRAWINGS
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others. CONSULTANT is not responsible for any errors or
omissions in the information from ofhers that the CONSULTANT reasonably relied upon
and that are incorporated into the record drawings.
ARTICLE VII. CITY RESPONSIBILITIES
The CITY shall furnish, af 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 fhe 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 Vlll. ASBESTOS OR HAZARDOUS SUBSTANCES
If asbestos or hazardous substances in any form are encountered or suspected,
CONSULTANT wiU stop its awn work in the affected portions of the PR4JECT to permit
testing and evaluation.
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If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos
remediation activities using a qualified subcontractor at an additional fee and contract
terms to be negotiated.
If hazardous substances other than asbestos are suspected, CONSULTANT wiil,
if requested, conduct tests to determine the extent of the problem and will perform the
necessary studies and recommend the necessary remedial measures af an additional
fee and contract terms to be negotiated.
CITY recognizes that C�NSULTANT assumes no risk and/or liability for a waste
or hazardous waste site originated by other than fhe CONSULTANT.
ARTICLE IX. CITY'S INSURANCE
CITY will maintain properfy insurance on all pre-existing physical facilities
associated in any way with the PROJECT.
CITY will provide (or have the construcfion contractor(s) provide) a Builders Risk
All Risk insurance po(icy for the full replacement value of all project work including the
value of all onsite CITY-furnished equipment and/or materials associated with
CONSULTANT's services, Upon requesf, CITY will provide C4NSULTANT a copy of
such policy.
ARTICLE X. TIME OF COMPLETION
The work to be performed under this AGREEMENT shall be commenced and fhe
work completed within the fime timits as agreed upon in the C1TY's Requesf for
Proposal.
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 ar
other labor disputes, severe weather disruptions or other natural disasters, failure of
performance by the CITY, or discovery of any hazardous substances ar 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, fhe
CONSULTANT shall be entifled to an equitable adjustment in schedule.
ARTICLE Xf. 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:
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1. This Instrument
2. CITY's Request forProposal dated and attached hereto
3. CONSULTANT's Proposal dafed and attached hereto
In the event that any provision in any of fhe above component parfs of this
AGREEMENT conflicts wifh any provision in any other of the component parts, the
provision in the component pa�t first enumerated above shall govern over any other
component par� which follows it numerically except as may be otherwise specifically
stated.
ARTICLE Xil. PAYMENT
A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the
pertormance of the AGREEMENT the total sum as set forth below, adjusted by any
changes hereafter mutually agreed upon in writing by the parties hereto:
• Lump sum basis $
( 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 thirty (30)
calendar days after receipt of such statement. If any statement amount is disputed, fhe
CITY may withhofd payment of such amount and shall provide to CONSULTANT a
statement as to the reason(s) far withholding payment,
C. Additiona( 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 fhe work covered under the subject amendment.
ARTICLE XIII. HOLD HARMLESS
The CONSULTANT covenants and agrees to protect and hold the City of
Oshkosh harmless against all actions, claims, and demands which may be to the
proportionate extent caused by or result from the intentional or negligent acts of the
CONSULTANT, his/her agenfs or assigns, his/her employees, or his/her 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 C1TY's written demand for indemnification or
refund for those actions, claim, and demands caused by or resulting from intentional or
negligent acts as specified in this paragraph.
Subject to any limitations contained in Sec. 893.80 and any similar statute, of the
Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any
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and all liability, including ciaims, demands, losses, costs, damages, and expenses of
every kind and description (including death), or damages to person or property arising
out of re-use of the documents without consent where such liability is founded upon or
grows out of the acts or omission of any of the officers, employees or agents of the City
of Oshkosh while acting within the scope of their employment.
ARTICLE XIV. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requiremenfs.
ARTICLE XV, 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 ten (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 cantain all terms and conditions of
the AGREEMENT and any alteration thereto shall be invalid un(ess made in writing,
signed by both parties and incorporated as an amendment fa this AGREEMENT.
ARTICLE XVI. RE-USE OF PROJECT DOCUMENTS
All reports, drawings, specifications, documents, and other deliverables of
CONSULTANT, whether in hard copy or in electronic form, are instruments of service
for this PROJECT, whether the PROJECT is completed or not, CITY agrees to
indemnify CONSULTANT and CONSULTANT's officers, employess, subcontractors,
and affiliated corporations from all claims, damages, losses, and costs, including, �but
not limited ta, litigation expenses and attorney's fees arising out of or related to the
unauthorized re-use, change, or alteration of these project documents,
ARTICLE XVII. SUSPENSION DELAY OR INTERRUPTION OF WORK
CITY may suspend, delay, or inferrupt the services of CONSULTANT for the
convenience of CITY. In such event, CONSULTANT's contract price and schedu(e shall
be equitably adjusted,
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ARTICLE XVIII. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other than CITY and
CONSULTANT and has no third-party beneficiaries.
In the Presence of: CONSULTANT
By:
(Seal of Consuitant
if a Corporation) (Specify Title)
. �y;
(Specify Title)
CITY OF OSHK05H
B y:
(Witness) Mark A. Rohioff, 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
will accrue under this AGREEMENT.
Cify Attorney
City Comptroller
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CITY OF' OSHKOSH
fNSURANCE REQUIREMENTS
III. PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS
The Contractor shail not commence work on contract unfil proof of insurance required has been
provided to the applicable City department before the contract or purchase order is considered for
approval by the City:
It is hereby agreed and undersfood that the insurance required by the City of Oshkosh is rip mary
coveraqe and that any insurance or self insurance maintained by the City of Oshkosh, its officers,
council members, agents, employees or authorized volunteers will not contribufe to a loss. All
insurance shall be in full force prior to commencing work and remain in force until the entire job is
completed and the length af time that is specified, if any, in the contract or listed below whichever is
longer,
1. PROFESSIONAL LIABILITY
A. Limits
(1) $1,000,000 each claim
(2) �1,000,00�annual aggregate
B, Must continue coverage for 2 years after final acceptance for service/jab
2. GENERAL LIABILITY COVERAGE
A. Commercial General Liability
(1} $1,000,000 each occurrence limit
(2) $1,000,000 personai liability and advertising injury
(3) $2,00O,OOa general aggregate
(4) $2,000,000 products—completed operations aggregate
B. Claims made form of coverage is not acceptable.
C, Insurance must include:
(1) Premises and Operations Liability
(2) Contractual Liability
(3) Personallnjury
(4) Explosion, collapse and underground coverage
(5) Products/Completed Operations must be carried for 2 years after acceptance of
complefed work
{6) The general agqreqate must applv separatelv to this qroject/location
3. BUSINESS AUTOMOBILE COVERAGE—lf this exposure shall exist:
A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident
B. Must cover liability for Symbol#1 -"Any Aufo"—including Owned, Non-Owned and
Hired Aufamobile Liability.
Ifl - 1
a��ai�a
4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY— "If" required by Wisconsin
State Statute or any Workers Compensation Sfatutes of a different stafe.
A. Must carry coverage for Statutory Workers Compensation and an Empioyers Liability
limit of:
�1) $100,000 Each Accident
(2) $500,000 Disease Policy Limit
(3) $100,000 Disease—Each Employee
5. UMBRELLA LIABILITY - lf exposure exists, provide coverage at least as broad as the
underlying Commercial General Liability, Watercraft Liability (if required}, Automobile Liability
and Employers Liabilify, with a minimum limit of$2,000,000 each occurrence and $2,000,000
aggregate, and a maximum self-insured retention of$10,000.
6. ADDITIONAL PROVISIONS
A. Acceptabilitv of Insurers - Insurance is to be placed with insurers who have an A.M.
8est rating of no less than A-and a Financial Size Category of no less than Class VI,
and who are aufhorized as an admitted insurance company in the state of Wisconsin.
B. Additional Insured Requirements — The following must be named as additional
insureds on all Liability Policies for liability arising out of proJect work - City of
Oshkosh, and its officers, council members, agents, ernpioyees and authorized
volunteers. On the Commercial General L.iability Policy, the addit(onal insured
coverage must be ISO form CG 20 10 O7 04 or its equiva(ent and also include
Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for
a minimum of 2 years after acceptance of work. This does not apply to
Professional Lfability,Warkers Compensation and Employers Liabilify.
C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to
commencement of the work to the applicable City department, These certificates shall
contain a provision that coverage afforded under the policies will not be canceled or
non renewed until at least 30 days' prior written notice has been given to the City Clerk
—City of Oshkosh,
fil - 2
DATE(�dldlDDlYYY)
^�,t°' CERTI�ICATE OF UABILITY WSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NO7 APFIRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THI3 CERTIFICATE OF INSURANCE DOES NOT CONSTITUTC-A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESEN7ATIVE OR
PRODUCER,AND THE CERTIFICATE HOLDER.
IMPOR7ANT; If the cert(Ncato holder Is an AODITIONAL INSURED, tho pollcy(les) tnust be endorsed, if SUBROGATION IS WAIYED,subJect to ttie
terms and conditlons o(tha policy,certaln policles may reryulre an endorsement A stalement on ihis certlticate does not conFer rights to the cortificate
holder In Ilou of such endorsement s.
PRODUCER CONTACT
lnsu�ancoAgmeyconhcf NAME: InsuranceAgcnYs ---- ----
Inlo�ma0a�,lntludlnpabeof PHONE � �� confacf/n(o/nral/on, F�
eddress and PO Rox N (AIC.No.Exl�:.. ____.._ _�(A1C,No): . __
app!lcablo. E•MAIL - ... . -----
AODRESSt
INSURER(SJAFFOR�INOCOVERA6E __ ___NAICS___
-- --_.._._-- -.._.. . _ .
ir�suaeRn: ABC Insurance Compeny ___,NAIC#__
---- _____ _ _---- -- ___ ---- -- -__
INSURED lnswadreontacftnlormaflon,
IncludMp nams,add�ess and INSURER B; XYZ Insurance Com an _____ NAIC� ,__
------ ----P--y- —
pnono�umaar. ir�suRER c__ LMN Insurance Company___ NAIC�t
INSURER D: M:wer(sJ ntus(have e ndnln�um A.M.�est rafinp o!A•
���������������-��-���---�����-��---�-���---'- andaflnanclalPedoimanceRatingo/Vlorbeller. ----�
' INSURER E:
�t75URER F:
COVERAGES CERTIFICATE NUMBER: REVISlON NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED�ELOW HAVE �EEN ISSUED TO THE INSURED NAME�f+BOVE FOR THE POLICY PERIO�
INDICATED. NOTWITHSTANDING ANY REQUIREh4ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUAdENT WITH RESPECT TO WHICH THIS
CERTIFICATE AA4Y BE ISSUE� OR MAY PERTAIN. THE INSURANCE AFFOftDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERAIS,
EXCLUSIONS AN�CONDITIONS OF SUCH POLICIES. LIMITS SHOWN h1AY HAVE BEEN REDUCED BY PAID CLAIMS.
-- ---
ILTR I ---�-�� 7YPEOFIN9URANCE�-'�---....'J I^OSR��SWV�� � POUCYNU1dLiER' I 6VA!D1YYY----I...�.MMIDD EXP � LIMITS
G[NERAL 41ASILITY i !
_ � F1�CH OCCURRENCE �'I,000 OOO
------------__. ._...---=--.
��� � � � Genera!�ia6dity Policy Number Policy elJeMive and exp6ation Oofo, DAfMGE TO RENTED
CO�SMERCIAI GENERAI LIA6ILITY PREh115ES(Ba ocwrronce) 5 50,000
-. - . ' ---- --- - ---._ ... _--
/4 (❑,CW61S-1.1ADE���OCCUR i �dED[XP(Anyoneperson) _. 55000
,__. . ._..---
� ISO FORh4 CO 20 97 OR EQUIVALENT ( PERSONAL B ADV INJURY 3� 000,OOO
- �_ _ --- -------�
--__ _ _
I❑ _ � GENERAL AGGRfiGATE $2 OOO,OOO
r --. ....._.... _—..-_� I ---- -- �---... .. . ._�—
JGEN'LAGGREGATELIMITAPPUESPER: i � PRODUC75-COMPlOPAGG $2�000,000
i❑;POUCY I�jECTiO,LOC � ; - 4� - -
�AUTOMDBILE LIABILITY 1 i C011BWE0 SINOLE U�dIT.
� f Ea acddant $1,000,000
t----, I �-----�--- —___ -- ---
I����ANY AUTO i � ❑ Aulo Llabildy Po1lcyNumber i Policy e//ecfive and ezp!�e!!on dalo. BODILY INJURY�(Per person) .�
! . ...._-- --..__.. .
B ��lLLLOWNED �❑' SCHE6ULED ; �
�AUTOS I � AUTOS I i � , l BODILY INJURY(POr accidonl) �v
� - - ---------.—.._.� _.—_..._._.
��FfIREDAUTOS�� NON�OVJNED ' � I � i PROPEftTYDAAtAGE
I AUTOS � ; � � � (Per acpdanl)_______ 3 __
�
....._. �_... i i . .
,❑, ;D ; � i �
, � , � ,
��UMBRELLAl1A���OCCUR � � � � i i EACHOQCURRENCE $2,000,000
-� ________..-- ._ - ._...
A EXCESS LIAd CLAIAfS•F.1ADE '
❑� �❑, ( Umbrolla Llab;lrtypolicy N�mba� PoUcye/fecfhe and explraUort dafo. AGGREGATE �2 0�4,��0
_ ___—_.— --__..
------- - . .. .... . ------�
i❑DED I�RETENTION 510,000 I I I �
G+ WORKERSCO�dPENSATION � � � � ��70RYLI(1TSj❑, ER
ANO EMPLOYERS'LIADILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE - � ----�--
OFFICEItdE�d9ER EXCLUOED7 Y!N i • ' E.L.EACH ACCIOENT J�1 OO,OOO
htandato �nNH N � WorkersComponsalronPoficy �Pohbyellocfi�eandexpiratfondelo. . .__ _____.__
� iY ) � � Num6a� 7 �
If yes,dasuibe under � E.L.DISEASE-EA EfdPLOYEE_$100,000 ______
DESCRIPTION OF OPERATIONS belo�v I I � E.L.OISEASE-POLICY LIhIIT v�SOd,OOO
A PRCFESSIONAL LIA8ILITY ' � I � � �u1,000,000 EACH CLAIM
ii Pro/BSilO��U��ndyPOliG�Policyel/ectNeanvexplreUondals. $1,000,OOOANNUALAGGREGATE
DESCRIP710N OF OPERATIONS!LOCAT(ONS!VEHICLES(A11ach ACORD 101,Addillonal Remarks Schedule,If more�pace Is reqWred)
Additional Insureds por attaclied endorsements.
Certiflcates of Insurance acceptable to the City of Oshkosh shall be submltted prior to commencement of the work to the appiicable City
departmenf. These certlficates shall contain a provision that coverage afforded under the pollcies wfll not be canceled or non renewed until at
least 30 days'prlor written naEice has beon given to the City Clerk-City of Oshkosh.
CERTIFICATE HOLDER CANCELLATION
City of OsltkoSh,A(fft:Clly C(ofk Insurance Sfandard UI SHOULD ANY OF THE ABOVE DESCRIBED POLlCIES BE CANCELLED BEFORE
215 ClturCh Avenue SAMPLE CERTIFICATE TNE EXPIRATION DATE,THEREOF,NOTIGE WILL BE DELIVERED IN
PO BoX 1130 ACCORDANCE WITfi TNE POLICY PROVISIONS.
Oslikosli,WI 54�J03•1130 P�ease indicate somewhere on this
certiffcale,fhe contract or proJect# AUTHOR12E0 REPRESENTATNE
thls certificate is for.
O 1988-2010 ACORD CORPORATION, AlLrights reserved,
ACORD 25(2010105) Tlie ACORD name and loc�o are reyistered marks of ACORD
POUCY NUMBER: COMMERCIAL GENERAL LIABIUTY
CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITI�NAL INSURED - OWNERS, LESSEES UR
CONTRACTORS - SCHEDULED PERSON OR
4RGANIZATION
This endorsement modifies insurance provided under the following;
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional fnsured Person(s)
Or Or anizafion s : Locafion s Of Covered O erations
As required by confract Any and all Job sites
Informatlon re uired to com lete this Schedule, if not shown above,will be shown in the Declarations.
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these
Include as an additional insured the person{s) or additional insureds,the following additional exclu-
organization(s) shown in the Schedule, but only sions apply,
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injur�' This insurance does not apply to "bodily inJury" or
caused, in whole or in part, by; "property damage"occurring afier;
1, Your acts or omissions; or 1. All work, including materials, parfs or equip-
2. The acts or omissions of those acting on your menf furnished in connection with such work,
behalf; on the project(other than service, maintenance
or repairs) to be perFormed by or on behalf of
In the performance of your ongoing operations for the additlonal Insured(s) at the location of the
the additional insured(s) at the location(s} design- covered operations has been completed;or
nated above. 2, That portion of "your work" ouf of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another cantractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.
Insurance Sfandard!I!
SAMPLE CERTlF1CATE
Please Indlcate sornewhere on thls
certfFlcate,the contract or project#
this certifi ate is for.
CG 20 10 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 ❑
PaLICY NUMBER: P°«°+'p -� COMMERCIAL GENERAL LIABILITY
CG 20 37 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL ifVSURED - �WNERS, LESSEES OR
CONTRACTORS - CaMPLETED 4PERATIUfVS
This endorsement modifies insurance provided under the foilowing:
COMMERCIAL GENERAL UABILITY COVERAGE PART
SCHEDULE
Name Of Addifional Insured Person(s}
Or Or anization s ; Location And Descri tion Of Com leted 0 erations
As required by contract Any and all job sites
Information re uired io com lete this Schedule, if not shown above, wili be shown in the Declarations.
Section I( — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) si�own in the Schedule, but only with
respect to liability for "bodily injury", "property dam-
age" caused, in whole or in part, by "your work" at
the location designated and described in the sched-
ule of this endorsement performed for that additional
insured and included in the "praducts-compieted
operations hazard".
Insurance Standard III
SAMPLE CERT/FICATE
Please Indicata somowhere on lhls
certificate,the contract or proJect#
th' a 's o
CG 20 37 07 04 OO ISO Properties, Inc.,2004 Page 1 of 1 ❑
West Fernau Avenue Design RFP Questions and Answers
1. Shouid wetland delineations be included as part of our proposal? Wisconsin Wetland
Inventory shows mapped wetlands just south of the new corridor. The soils types within the
proposed corridor are also wetland indicator soils.
.__ __ . , _
Answer. The City is aware that there are mapped wetlands and wetland indicator soils just
south of the proposed corridor, and the City wiN be doing the wetland delineations under a
_ _ _ __ . _
separate contract.
2. If there are wetlands impacts, how should our proposal address the wetland mitigation?
This task could be highly variable depending on the type and amount of wetland fill, so as a
result, should it be considered extra services?
Answer.' If there are wetland impacts, the City will handle the wetland mitigation under a
separate contract and it will not be considered extra services.
3. Please confirm the March 16; 2016 PS&E date. WisDOT PS&E dates are typically 2/1, 5/1,
8/1 and 11/1.
_ _ _ _ . __ _ _ _ _ _ _ _ . . .__
Answer.� The City is striving for a February 1, 2016 PS&E date. The PS&E schedule was
_
looked at incorrectly and the March':16, 2016 is actually the let date for the November 15, 2015
PS&E. A sunset date for the Federal Funds is'June 30, 201, which means the project must be
constructed and in final acceptance by this date, therefore we are looking at a 2016 construction
and striving for the February-1, 2016 PS&E.
4. Does the City have an idea where the Phase II's might be necessary, or are you just looking
for some generic Phase II pricing?
_ _ _ _ _
Answer.� The City does not anticipate that a Phase ll will be necessary and are just looking for a
generic Phase Il pricing.' _ _ __
5. Is the goal for the project to meet all of the City storm water standards? The RFP states that
it's expected that infiltration swales behind the curb will meet the performance standards.
Does peak flow control for large storms need to be included in our proposal (ie. shave 100yr
post to 10yr pre)?
Answer.• lt is anticipated that the swa/e be designed to meet the requirements of Chapter 14 of
the City of Oshkosh Municipa! Code to the maximum extent practicable.
_ _ __
6. Will WisDOT provide the traffic forecast, or is this something the consultant will be required
to prepare?
__ . .
Answer.� The Wisconsin Department of Transportation will not be providing a traffic forecasf.
The City is currently obtaining traffic counts on Jackson Street and Vinland Street. The City is
anticipating a pavement design for the proposed Fernau Avenue section to be an 8-inch
doweled concrete, to match the existing Fernau Avenue pavement design.to the west:
1
7. If requested, will the City meet with individual consulting firms to discuss the project?
_ . ._ .
Answer. The City will entertain meeting with individual consulting firms, but answers to any
.. _. ....
questions that arise from this meeting will be shared with the completing firms.
8. Is it the City's intent to reconstruct all of the Vinland Street Intersection and west on Fernau
Avenue due to the change in pavement widths?
_ _
Answer. It is not the City'intent to reconstruct the Vinland Street Intersection. The pavement
width of the west side will stay the 48 foot face to face and the proposed design of Fernau
Avenue will be designed as a 36 foot fsce fo face. Minor pavement replacement may be
_
required on the east side of the intersection.
9. Are there right of way issues on the north side at Viniand street west of the intersection?
Answer.� The parcel located on the northwest corner of Vinland Street and Fernau Avenue is
still in the Town of Oshkosh and we presently only have a 60 foot right of way through that
parceL _Ultimately the City will acquire the additional 20 feef to make an 80 foot_right of way.'
10. What 2 sites are the Phase II investigations anticipated at? What is expected to be
encountered?
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Answer.� See the answer to question#4'''
11. Will the TMP be a Type 1 or 2?
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Answer. The WisDOT reguires that a Transportation Management Plan (TMP) for all projects.
Since the traffic on Jackson Street(STH 76) may be impacted and Jackson Street has a ADT
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greater than 1500 AADT, a Type 2 will be required.
12. How was the March 16, 2016 PS&E established and what is the WisDOT PS&E date to
Central office? Normal PS&E dates are 2/1, 5/1, 8/1 and 11/1.
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Answer.• See the answer to question #3.
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13. SMA states construction must be completed by June 30, 2017. Is there flexibility in this
schedule?
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Answer.� In the SMA is states in accordance with fhe State's'sunset policy for Urbanized Area
STP Urban projects, the subject 2091-2094 Urbanized Area=STP Urban lmprovement must be
constructed and in final acceptance within six years from the start of the State Fiscal Year 2012,�
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or June 30, 2017. It is my understanding from WisDOT that no extensions will be granted.
14. Was any conceptual design completed to verify if there sufficient room in the 80-foot right of
way for infiltration swales and sidewalk?
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_
Answer. No conceptual design was completed to verify that there is sufficient room within the
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right of way for the infiltration swales.
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15. What is the purpose and intended result of the intersection traffic analysis at the Vinland and
Jackson Street intersections?
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Answer.• The City is considering signalizrng fhe Jackson Street(STH 76) and proposed Fernau
Avenue intersection. P/ease include a ifemized breaktlown of tasks and hours required,to
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design a traffic signal plan.
16. It is stated that a right of way plat is not required. However, an environmental report,
archeological and historical surveys are required as part of the scope. This would imply that
more than 0.5 acres of right of way are anticipated. If no right of way is required, than is a
pER the appropriate environmental document and will the project be placed on the
screening list without the archeological and historical surveys?
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.
Answer.� According to WisDOT both an archeological and historical survey are required since
this is new construction major excavation will be required. Therefore the pER and screening
list options wiU not be:an acceptable.
17. Where is the existing storm sewer located in Jackson Street? Will a traffic control plan be
required for the 600 foot storm sewer replacement? What size is the existing storm sewer?
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Answer.� There is an existing 24-inch storm sewer on the east side of Jackson Street which
ends approximately 150 feet south of West Fernau Avenue. This storm sewer drains to the
south and discharges to a drainage ditch on the east side of Jackson Street approximately 650
feet south of West Fernau Avenue. lf the design requires that the storm sewer on Jackson
: _ ..____. _. _._._�.
Street be reconstructed then a traffic control plan will be required.
18. Is this project controversial and is there any property owner opposition to it?
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Answer. This is not a controversial project. All of the parce/s abutting the right of way are still in
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the Town of Oshkosh.
19. What is the PS&E Date?
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Answer.� See answer to question #3.
20. Who will be the WisDOT Local Program Management Consultant involved with this project?
Answer. SEH will be the Local Program Management Consultant. Jeff Saxby will be the
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contact.
21. When is the regional detention pond anticipated to be built?
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Answer.� There is no anticipated timeline for the construction of the basin. lt ls dependent_on
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when the land becomes annexed into the City.
22. How many working days should we allow in the schedule for the WisDOT Local
Management Consultant to review the design submittals?
Answer. The City does not know how many working days that SEH will require to review the
design submittals. You may want to check with SEH for an estimate.
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23. Is there an updated construction cost estimate? I see there was $2,133,300 listed in the
2014-2018 CIP last year.
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Answer.� No the construction cost has not been updated.
24. Do we need to include the cost of an archaeology and history survey in our proposal? It
may be better to just include the cost of assisting the City with soliciting the services of a
professional archaeologist or historian if it is determined that these services are needed. It
would be more economical if these sub-consultants could then contract directly with the City.
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Answer.� Yes it needs to be included in the cost of the proposal. Both an archaeological and
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historical survey will be required, see answer to guestion #16
25. Will the City be providing suppiemental surveys if it is determined during the design process
that additional survey information is required?
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Answer.� If additiona!survey is warranted the City will perform.the'additional survey and make it
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available to the consultant.
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