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HomeMy WebLinkAboutKL Engineering Oshkosh Ave & N Westfield St Traffic Signal Design13Z,32 AGREEMENT This AGREEMENT, made on the day of a�(,c�1G 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and KL ENGINEERING, INC., 5400 King James Way, Suite 200, Madison, WI 53719, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for OSHKOSH AVENUE AND NORTH WESTFIELD STREET TRAFFIC SIGNAL 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: Kelly Greuel, P.E., PTOE — Senior 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: Steven M. Gohde, P.E. — Assistant Director of Public Works ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The 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. L\ Engineering \2018 CONTRACTS\18-14 Oshkosh Ave Area\ Project_Information\Contract Page I Of 7 Info\Consultant-Contractor Agreements\KL Eng -Signal Design\ 18-14 KL Eng Agreement -Signal Des_6- 14-18.docx All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documents by the CITY to the CONSULTANT, and shall remain the property of the CITY. 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 between the parties the CONSULTANT makes no warranty 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 the CONSULTANT reasonably relied upon and 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. I:\Engineering\2018 CONTRACTS\18-14 Oshkosh Ave Area \Project_Information\Contract Page 2 Of % Info \ Consultant -Contractor Agreements\KL Eng - Signal Design\18-14 KL Eng Agreement -Signal Des_6- 14-18.docx 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. 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. The CITY recognizes 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 The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The 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, the 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 CONSULTANT's Proposal. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees 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 1:\ Engineering \2018 CONTRACTS\18-14 Oshkosh Ave Area\ Project_lnformation\Contract Page 3 of 7 Info\Consultant-Contractor Agreements\KL Eng -Signal Design\ 18-14 KL Eng Agreement -Signal Des_6- 14-18.docx delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE 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. CONSULTANT's Proposal dated June 11, 2018 and attached hereto In the event 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: • Time and Materials Not to Exceed $12,415 (Twelve Thousand Four Hundred Fifteen Dollars). • Attached fee schedule 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. l:\Engineering\2018 CONTRACTS\18-14 Oshkosh Ave Area\ Project_lnformation\Contract Page 4 of 7 Info\Consultant-Contractor Agreements\KL Eng - Signal Design\18-14 KL Eng Agreement -Signal Des_6- 14-18.docx D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s) not including documentation. ARTICLE XIII. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify the CITY for all sums including court costs, attorney fees, and damages of any kind which the CITY may be obliged or adjudged to pay on any such claims or demands upon 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. I:\Engineering\2018 CONTRACTS\18-14 Oshkosh Ave Area\ Project_Infonnation\Contract Page 5 of 7 Info \ Consultant -Contractor Agreements \ KL Eng -Signal Design \ 18-14 KL Eng Agreement -Signal Des_6- 14-18.docx 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. The 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. ARTICLE XVII. SUSPENSION, DELAY, OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. 1:\Engineering\2018CONTRACCS\18-14 Oshkosh Ave Area\ Project_Infonnation\Contract Page 6 of 7 Info\Consultant-Contractor Agreements\KL Eng - Signal Design\18-14 KL Eng Agreement -Signal Des_6- 14-18.doa ARTICLE XVIII. NO THIRD -PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third -party beneficiaries. In the Presence of: (Seal of Consultant if a Corporation) (Witness) (Witness) APPROVED: 4MPLmey�lj CONSULTANT By: H e,.1 `f' (Specify Title) By: VP - &,Gt►yE5P_1jjG evicts (Specify Title) CITY OF OSHKOSH By: Mark A. Rohloff, City Manager And: Pamela R. Ubrig, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. City Comptroller L\ Engineering \2018 CONTRACTS\18-14 Oshkosh Ave Area \Project_lnformation\ Contract Page 7 of 7 Info\Consultant-Contractor Agreements\KL Eng - Signal Design\18-14 KL Eng Agreement -Signal Des_6- 14-18.docx Engineering E1 Better Experience _ RECEIVED June 11, 2018 JUN 11 2018 Steven Gohde, PE Asst. Director Public Works/City Engineer DEpT OF PUBLIC WORKS City of Oshkosh — Department of Public Works Os"V,0sH, ��►5CONS1N 215 Church Avenue, Room 301 Oshkosh, WI 54901 5400 King James Way Suite 200 Madison, WI 53719 608.663.1218 To// Free: 800.810.4012 Fax: 608.663.1226 www.klengineering.com RE: Proposal for Traffic Engineering Services — Oshkosh Avenue & N Westfield Street Traffic Signal Design Dear Steven, In response to the request, we are submitting this proposal to complete traffic signal design services for the intersection of Oshkosh Avenue & N Westfield Street in the City of Oshkosh. The following items are included in this proposal: Design Services Traffic Signal Design: • Prepare new traffic signal construction plans for the intersection of Oshkosh Avenue & N Westfield Street. Traffic Signal plans to include the following: o Traffic signal removal plans o Permanent traffic signal plan o Sequence of Operations sheet o Cable routing sheet o Traffic signal details o Miscellaneous Quantities • Roadway geometric improvements will be completed by City of Oshkosh. • Traffic signal infrastructure will be WisDOT standard equipment and the design will conform to City requirements and meet the 2018 Standard Specifications for City of Oshkosh Wisdonsin. Traffic signal equipment will be painted black. Decorative or other "non-standard" equipment is not included. • Traffic signal system will include a Grid Smart Camera system. • Traffic signal cable routing to meet City of Oshkosh standards. • Complete traffic signal design per MUTCD and WIsDOT TSDM requirements. • Develop plans in the WisDOT format as described in the FDM. Submittals: • Prepare up to two (2) plan submittals for the project: Preliminary plans and Final PS&E plans. • Final design plans will include: electrical design (conduit/pullboxes/cabling/wiring), final equipment layout, hardware requirements, signal control requirements, construction cost estimate, and specifications. Construction Services: • Includes up to twenty (20) hours of administrative and technical support to address inquiries regarding design intent, contractor questions, design change requests, electrical inspection, and project meetings. Meetings and Project Management: • Includes up to one (1) meeting with the City of Oshkosh. Conditions Assumed Under This Proposal • The proposal is based on City of Oshkosh providing all project mapping/survey, right-of-way information, geometric design files, and project administration/bidding. • Traffic signal timing is not included under this proposal. • This proposal is based on providing final plan sheets and specifications to the Client by July 6, 2018, if authorization to proceed is received by June 15, 2018. K'\Contracts\ldunicipal\City of Oshkosh\Oshkosh Ave & Westfield Traffic Signal\Oshkosh Ave & Westfield St Traffic Signal Design_Proposal Letter.doc • Additional traffic engineering services not described under this proposal can be completed via subsequent written authorization(s), and for additional cost, based on the enclosed billing schedule. The cost for the services specified above will be billed on an hourly basis utilizing the enclosed billing schedule with a maximum cost of $12,415. Sincerely, KL Engineering, Inc. Mike Scarmon, P.E., PTOE Sr. Project Manager KAContraas\Municip.nClty of Oahkosh\Oshkosh Ave 8 Westfield Traffic Signal\Oshkosh Ave 8 Westfield St Traffic Signal Design_ Proposal Letter.doc STANDARD BILLING RATE SCHEDULE EFFECTIVE JANUARY 1, 2018 Standard Billinq Rates Administration Limited Term Employee Engineering Technician I Engineering Technician II Senior Technician Registered Land Surveyor Survey Crew Environmental Specialist Transportation Planner Engineer I Engineer II Project Engineer Senior Project Engineer Project Manager Senior Project Manager Principal Expenses RECEIVED JUN 11 2018 DEPT OF PUBLIC WOR OSHKOSH, WISCONSI $68.00 $45.00 $67.00 $77.00 $91.00 $105.00 $170.00 $110.00 $100.00 $82.00 $92.00 $104.00 $122.00 $128.00 $135.00 $155.00 Survey Equipment — Total Station $15.00/hour; $100/day GPS $30.00/hour; $200/day Out-of-pocket direct job expenses at cost (reproductions, sub -consultants, equipment rental, etc) Travel Expenses Company or Personal Car Mileage IRS rate Air Transportation at cost Lodging and Subsistence at cost Billing and Payment Travel time is charged for work required to be performed out -of -office. Invoicing is on a monthly basis for work performed. Payment for services is due within 30 days from the date of the invoice. An interest charge of 1.5% per month is made on the unpaid balance starting 30 days after the date of the invoice. This schedule of billing rates is effective January 1, 2018 and will remain in effect until December 31, 2018 unless unforeseen increases in operational costs are encountered. We reserve the right to change rates to reflect such increases. Rev. 01/01/18 Intemet Files\Content.Outlook\GKTY5FFM\BILLRATE2018.docx KLENGIN-01 PANDREE OF LIABILITY INSURANCE DATE (MMIDONYYY)CERTIFICATE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 09/0112018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ;LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ,PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ~ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER RJECEIVEID cp cT Mary Jo Nowak, AU, CIC, ARM, RPL_U Johnson Insurance Madison 525 Junction Road I PHONE --- FAX ; (A/c, No, Eat) (608) 203-3693 I (A/c No): (877) 254-8586 Madison, WI 53717 -- ;�ii"�'Ess mnowak@johnsonlns com JUN ,� 2018 O _ INSURER(SJ AFFORDING_ COVERA_ GE �. i NAIG k _.__.DEP IaF i INsuRERa:Travelers Property Casualty m Copal of America 25674 INSURED OSHKO y UBLIC ORK SH, INSURER,§ __ NSURERC.' K.L. Engineering, Inc. WISC NSINI 5400 King James Way, Suite 200 INSURERD: Madison, WI 53719 INSURER E INSURER F UUVtKAUt, CERTIFICATE NUMBER: REVISION NUMBER: THIS IC Tr) r`CDTICV TUAT TUC on! Info r�r I�I�I In n.�nr • •nrr.. nr• ..•.•• •.. •r ... ......._.. _,. �. .. _..___ .....__ . _ _- .- -_ _ _. - v nnvC occly IoauCv I u I nc nvJUKCU NAMED ABOVE rUK I Fit YULIGY F'tKIUD WII i INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR 1 NSR TYPE OF INSURANCE iADDLSUBR� POLICY NUMBER POLICY EFF POLICY EXP LIMITS �f COMMERCIAL GENERAL LIABILITY CLAIMS -MAGE I EACH OCCURRENCE ._ �. $ DAMAGE _,OCCUR REMSES(Eaoaciwon.c+) .$ - .- ED EXP (Anyone person) ` PERSONAL & ADV INJURY j S, _GEN'L AGGREGATE LIMIT APPLIES PER: J2 ' GENERAL AGGREGATE 1 POLICY j -� LOC PRODUCTS - COMPIOP AGG $ _. OTHER I_. $ AUTOMOBILE LIABILITY ........ -j COMBINED SINGLE LIMIT .(Ea. arQI0aD4).—_..._,..._.._ $ _.._ _ ANY AUTO -i OWNED I SCHEDULED BODILY INJ _ {Per person) $ - AUTOS ONLY AUTOS I I_ •AUTOS URY(Peraccldenl), $ P�� A HGTOS ONLY I. ON�n p��URY M1AGE (— ... -_.. 1 Y UMBRELLA LIAR ` OCCUR I I EACH OCCURRENCE__. _. $ EXCESS LIAB I ' CLAIMS -MADE 1 (..AGGREGATE DED RETENTION $ j $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER OTH j TATUTE ( t_ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE __ EA,CH,ACQIDENT $ F ICER/MI;MBER EXCLUDED? t�-.E.L (Mandatory In NH) NIA IS L. DSEASE - EA EMPLOYEES. I If yes, describe under DESCRIPTION OF OPERATIONS below I ,E -- -- __...___..� ....... E.L. DISEASE -POLICY LIMIT I AProfessional Liab 106929999 06/01/2018 06/01/2019 Per Claim 2,000,000 A Professional Liab i 106929999 06/01/2016 106/01/2019 Aggregate 2,000,0001 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) All Work Performed City of Oshkosh, Attn: City Clerk P.O. Box 1130 215 Church Avenue Oshkosh, WI 54903.1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD