HomeMy WebLinkAboutBrown and Caldwell (2)AGREEMENT
This AGREEMENT, made on the � day of 2019, by and between
the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and BROWN
AND CALDWELL, 8383 Greenway Boulevard, Suite 600, Middleton, WI 53562, 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 SITE PLAN REVIEW SERVICES FOR 2020.
ARTICLE I. PROTECT MANAGER
A. Assignment of Project Manager. The CONSULTANT shall assign the following
individual to manage the PROJECT described in this AGREEMENT:
Jim Bachhuber — Midwest Area Stormwater Practice Leader
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:
Dan Gabrilska — Civil Engineering Supervisor
ARTICLE Ill. SCOPE OF WORK
The CONSULTANT shall provide the services described in the CONSULTANT's Scope
of Services. 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.
Services included in Task 1 of the CONSULTANT's Scope of Services will be detailed
further within individual Project Authorizations. A sample Project Authorization form is attached
to this AGREEMENT.
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All reports, drawings, specifications, computer files, field data, notes, and other
documents and instruments prepared by the CONSULTANT as instruments of service shall
become the 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.
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ARTICLE VIII. 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 Scope of Services.
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 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 IX. 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 Scope of Services dated November 12, 2019 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 X. 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 $50,000 (Fifty Thousand 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.
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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.
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 XI. 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 XII. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements.
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ARTICLE XIII. 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 XIV. 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 XV. 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.
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ARTICLE XVI. 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)
C
(Witness)
APPROVED:
41ty ttorney
CONSULTANT
By: ` J�,
LE
(Specify Title)
(Specify Title)
CITY OF OSHKOSH
By:
Mark A. Rohloff, City Manager
LU��And: -
Pamela R. Ubrig, City Cler c
I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
AV 4:x�
City Comptroller/
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PROJECT AUTHORIZATION NUMBER
("Task Order")
Owner: City of Oshkosh Department Public Works
Authorized Office: 215 Church Avenue, P.O. Box 1130, Oshkosh Wisconsin 54903-1130
Owner -Authorized Representative: Dan Gabrilska, Civil Engineering Supervisor
Contract: Site Plan Review Services for 2020
City of Oshkosh Purchase Order Number:
Brown and Caldwell Project Number:
The authorizing office requires performance of the following described Services:
Site Plan Review for:
Evolve No.:
Brown and Caldwell will provide a review of the above site plan for general compliance with the
City of Oshkosh's storm water requirements. All responsibility for the project design to meet the
City, State, and Federal codes and standards remains with the project's Engineer of Record or
Architect.
Form of Compensation:
Payment for services are based on actual labor hours in accordance with the 2020 Brown and
Caldwell Schedule of Hourly Billing Rates.
Additional Terms and Conditions: None
Authorized Services shall be performed in accordance with the terms and provisions of the agreement
between Brown and Caldwell and the City of Oshkosh, dated together with this Project
Authorization and any Exhibits attached hereto. This Project Authorization shall be effective only
upon date of signature of an authorized representative of the City of Oshkosh.
BROWN AND CALDWELL
CITY OF OSHKOSH
Signature: �i'���.�_ Signature:
Name:
Title:
Date: La ( o a. j 9,
Name: Dan Gabrilska
Title: Civil Engineering Supervisor
Date:
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Site Plan Review Services for 2020
11/12/2019
ATTACHMENT A RECEIVED
SCOPE OF SERVICES NOV 112019
Site Plan Review Services for 2020
City of Oshkosh DEPTOFPUBLIC WORKS
Overview OSHKOSH, WISCONSIN
This scope of services describes the tasks that will be conducted by Brown and Caldwell (BC) as
requested by the City of Oshkosh related to site plan reviews for stormwater management
compliance. The relevant stormwater regulations for these reviews are: NR 151, NR 216 (State
of Wisconsin) and Chapter 14 (City of Oshkosh). The review will also include compliance related
to site grading.
Scope of Work
Task 1 Conduct Site Plan Reviews
Upon request by the City, BC will conduct site plan reviews of pending new- and re-
development sites under the jurisdiction of the City through the City's Evolve software
system. The reviews will be assigned to the BC by the City on an "as needed" basis.
Through the Evolve system BC will:
a. Review submitted documents for completeness in accordance with the City's policies
and guidance documents and note if the submittal is incomplete.
b. Other comments related to the submitted information will be recorded in the Evolve
system.
c. The review comments prepared and submitted by BC will be discussed at the weekly
Site Plan Review meeting with City staff. BC will attend these meetings via
telephone. BC will make revisions to the site plan comments in the Evolve system
based upon the discussions with City staff at the weekly meeting.
d. If requested by the City, BC will meet with the City via telephone or face-to-face
outside of the weekly Site Plan Review meeting. At the City's discretion, the
meetings may include the developers of the site plan projects.
e. This task also includes the project management necessary for each site plan review
to make sure the task remains on schedule, on budget, and meets quality
requirements.
Work under this task will be conducted using a "Task Order' approach. The City will request
reviews to be conducted, and BC will develop a Task Order scope for the City's approval to
conduct the work.
Assumptions:
The scope and budget for this project were developed based on the following conditions and
assumptions.
1. The Client agrees to:
a) Meet with BC representatives, if required, and make timely decisions regarding review
questions,
b) Provide all criteria and full information as to Client requirements for the Project, attend
Project -related meetings, provide interim reviews on an agreed -upon schedule, and
generally participate in the Project to the extent necessary to allow BC to perform the
Services.
2. The City will provide BC access to, and login requirements for, the Evolve software system.
3. BC will conduct the reviews listed under Task 1 to meet the scheduled Site Plan Review
meeting as directed by the City's Site Plan Review Coordinator. It is assumed that BC will
BC_Site Plan Review Services-2020 Scope final
Site Plan Review Services for 2020
11/12/2019
have a minimum of 3 days to conduct an initial review of a site plan. BC will conduct the
reviews as expediently as possible in the event the schedule calls for a review in less than 3
days.
4. Invoicing from BC will identify the site plan and/or project name, the associated labor review
hours and labor costs for each site plan.
5. All work conducted under this contract will take place between January 1 — December 31,
2020
6. BC will provide a review of the site plan for general compliance with City of Oshkosh
stormwater requirements. All responsibility for the project design to meet Oshkosh, state and
federal codes and standards remains with the project's Engineer of Record or Architect.
Project Budget:
The initial project budget is 50 000.00. The number of plan reviews to be conducted is unknown
at this time. Also, the level of effort for each plan review will vary depending on the complexity of
the site. The scope of work described above will be conducted at the City's request and BC will
inform the City of the budget status as each plan review is conducted. If the overall effort for
conducting the plan reviews exceeds 90% of the current budget, the City will be notified and a
contract amendment will be negotiated to conduct additional requested work.
BC —Site Plan Review Services_2020 Scope final
Brown and Caldwell Schedule of Hourly Billing Rates - 2020
Office/Support Services I
Word Processor I
DrafterTrainee Feld Service Technician l $55 - $75
Assistant Drafter Feld Service Technician ll
Drafter
EngineedngAide
Feld Service Technician III
Inspection Aide
Engineer
Geologist/HydrogeologistI
Senior Drafter
Scientist
Senior Illustrator
Senior Feld Service Technician
Inspector)
Engineer ll
Geologist/Hydrogeologist ll
Inspector ll
Scientist ll
Lead Drafter
Lead Illustrator
Office/Support Services II
Word Processor II
Office/Support Services III
Accountantl
Word Processor III
Office/Support Services IV
Accountantll
Word Processor IV
Accountant III
PA Manager I
Area Business Operation Mgr.
Technical Writer
Word Processing Supervisor
Engineer 111
Geologist/Hydrogeologist Ill AccountantlV
Inspector Ill
Scientist Ill Administrative Manager
Senior Designer
Supervising Drafter
Supervising Illustrator
Senior Engineer
Senior Geologist/Hydrogeologist
Principal Designer
Senior Scientist
Senior Construction Engineer
SeniorTechnical Writer
Senior Engineer
Principal Engineer
Principal Geologist/Hydrogeologist
$60 - $75
$65 - $80
$80 - $105
$90 - $135
$110 - $155
$140 - $170
Principal Construction Engineer
Principal Scientist
Corp. Contract Administrator
$160 -$190
Supervising Designer
Supervising Engineer
Supervising Scientist
Supervising Constr. Engineer
Supervising Geologist/
Assistant Controller
$175 - $215
Supervising Engineer
Supervising Hydrogeologist
Managing Engineer
Managing Geologist/Hydrogeologist
Area Bus Ops Mgr. IV
$210 -$260
Managing Scientist
Chief Engineer
Chief Scientist
Executive Engineer
Chief Geologist/Hydrogeologist
Corp Marketing Comm. Mgr.
$220 -$300
Vice President
The rates provided in this table apply from January 1- December 31, 2020
RECEIVED
NOV 11 2019
OF PUBLIC WORKS COSH, WISCONSIN
BC 2020 Labor Rates.xlsx 11/5/2019
,. A` �o^ DATE (MM/DOIYYYY)
CERTIFICATE OF LIABILITY INSURANCE
V 5/31/2020 11/12/2019
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
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) 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 lieuyf such endorsement(s).
PRODUCER LOCk[On Companies
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444 W. 47th Street, Suite 96-g. TJECEI n' E .—
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INSURERS AFFORDING COVERAGE
INSURER A: Hartford Fire Insurance Com an
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INSURER B: Property and Casual Ins Co of Hartford
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INSURER c: Travelers ProCasualty Co of America
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INsuRERD:Lloyds ofLondon
INSURER E: Twin Cily Fire Insurance Company —
INSURER F:
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THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR
THE POLICY PERIOD
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.
INSR —AM SUER
LTR TYPE OF INSURANCE POLICY NUMBER MMMD"W MMIDDYr1YYY LIMITS
A
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COMMERCIAL GENERAL LIABILITY
N
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5/31/2019
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$1,000,000 PER CLAIM &
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DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Atltllaanal Remarks ScbetluM, may be alhehatl If eon apace le required)
THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FORTHIS HOLDER APPLICABLETO THE CARRIERS LISTED AND THE POLICYTERM(S) REFERENCED.
RE: SID: 83439 OSHKOSH 2O19 PLAN REVIEW
16140938
OSH-20
CITY OF OSHKOSH
215 CHURCH AVE.
OSHKOSH WI 54903
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
I ne AL:LJrcu name and logo are registered marks of ACORD
TION. All rights reserved.
CONTINUAnON DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS IU" onN if more snace is reaulreel
CITY OF OSHKOSH, ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES OR AUTHORIZED VOLUNTEERS
ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE
COVERAGES ARE PRIMARY, AS REQUIRED BY WRITTEN CONTRACT. THE ADDITIONAL INSUREDS' OWN
COVERAGE IS EXCESS OF AND NON-CONTRIBUTORY WITH THE GENERAL LIABILITY, AND ON THE AUTO
LIABILITY AS RESPECTS THE USE OF VEHICLES OWNED BY BROWN AND CALDWELL WHERE REQUIRED BY
WRITTEN CONTRACT. THIRTY DAYS NOTICE OF CANCELLATION BY THE INSURER WILL BE PROVIDED TO THE
CERTIFICATE HOLDER WITH RESPECT TO THE GENERAL LIABILITY, AUTO LIABILITY, WORKERS'
COMPENSATION/EMPLOYER'S LIABILITY AND PROFESSIONAL LIABILITY POLICIES. TEN (10) DAYS NOTICE
WILL BE PROVIDED IN THE EVENT OF NONPAYMENT OF PREMIUM.
N.� V mw GO ILU"10/V3f Certificate Holder ID: 16140938