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HomeMy WebLinkAboutLetter of Transmittal: Brown and Caldwell /5):3 CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130,OSHKOSFI, WI 54903-1130 PHONE: (920)236-5065 FAX(920)236-5068 LETTER OF TRANSMITTAL ---------- To::: Jim Bachhuber Date: December 3, 2018 Brown and Caldwell Subject: Executed Agreement for 2019 General. 8383 Greenway Boulevard, Suite 600 Storm Water Services Middleton, WI 53562 Please find: Z Attached ❑ Under Separate Cover ❑ Copy of Letter Z Contracts F-1 Amendment R Report R Agenda ❑ Meeting Notes F1 Photos [_1 Mylars F1 Change Order R Plans F] Specifications ❑ Estimates F] Diskette F] Zip Disk El Other Description Executed Agreement ........ ---- ---------- These are being transmitted as indicated below: ❑ For Approval Z For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is the executed agreement for the 2019 general storm water services. Please reference Conti-act 201.9-4 and each individual Project Authorization number all of your invoices. If you have any questions, please contact us. City Clerk's Office—Original cc: _File—Original Signed: Trace, aylor 0 J:\EnginccHng\2019 CONTRAM\B&C 2019 Gen SW Serv\B&C LOr-Execuled Agreement-2019 Gen SW Sav­12-3-18.docx AGREEMENT This AGREEMENT, made on the 229 day of wker, 2018, 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 GENERAL STORM WATER SERVICES FOR 2019. ARTICLE I. PROJECT 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 11, CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: James Rabe, P.E., CPESC—Director of Public Works ARTICLE Ill. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Scope of Services and Budget. 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 are detailed in the CONSULTANT'S Scope of Services and Budget. 1:\Engineering\2019 CONTRACTS\B&C 2019 Gen SW Serv\B&C2019 Gen SW Sery Agreement-11-14- Page 1 of 6 18.doex Services included in Task 2 of the CONSULTANT's Scope of Services and Budget will be detailed further within individual Project Authorizations. A sample Project Authorization form is attached 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 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 SCHEDULE 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. 1:\Engineering\2019 CONTRACT B&C 2019 Gen SW ServO&C 2019 Gen SW Sery Agreement,_11-14- Page 2 of 6 IkG 18.docx 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. 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 Work and Budget. 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 and Budget dated November 14, 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 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: 0 Time and Materials Not to Exceed $53,949 (Fifty Three Thousand Nine Hundred Forty Nine Dollars). Attached fee schedule shall be firm for the duration of this AGREEMENT. 1:\Engineering\2019 CONTRACM\B&C 2019 Gen SW Serv\B&C 2019 Gen SW Sery Agreement_11-14- Page 3 of 6 18.docx 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. 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 on 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. 1AEnoeering\2019 CONTRACMB&C 2019 Cen SW Serv\B&C 2019 Gen SW Sery Agreement11-14- Page 4 of 6 IB.docx ARTICLE XII. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. 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. hi 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. 1A Engineering\2019 CONTRAL-MB&C 2019 Gen SW Serv\B&C 2019 Gen SW Sery Agreement-11-14- 18.doex Page 5 of 6 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: CONSULTANT .� �. ��.�,c.t By: 4AL-4za, 6(Seal of Consultant if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH 000 By: ( fitness) Mar A. Rohloff, 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. -City t rney '°• . 10, ".ti . City Comptroller 1:\0n&eering\2019 CCINT RAC I'S\11&C 2019 Gen SW Serv\0&C 2019 Gen SW Sery Agreement_11-14- Page 6 of 6 18.dnrx . . ^General Storm Water Services, ZO19 1l/14/18 i{ECSlVGD ATTACHMENT/\ NOV SCOPE OF SERVICES AND BUDGET - � City of Oshkosh General Storm Water Services fmrI20150FpUkL/CVYOkI,,-S USHKOSH` VYIS[DNS|N Jim Bachhuber, with support from other Brown and Caldwell (8[) staff, will continue supporting the City � of Oshkosh with ongoing needs for the stormwater management program in 2019. ThevvorkwiUtake � place between January 1, and December31, 2019. The following services will be provided under this | agreement: Scope of Work Task 1:General Program Management Assistance A. 2019 Stwrrnxvater Utility Committee Assistance 1) Assist City staff with preparing materials for monthly(12)Stormwater Utility Committee meetings relevant tostormwater management needs of the ' City. 2\ Attend5tornowater Utility Committee meetings (up to 12)to present material, respond to � � questions andfadUtatediscusdonattheO�/srequest' ' ' J 3) Prepare draft Committee meeting summary minutes and send to City staff for review and � finalization. 4\ Jim Bachhuber will attend the meetings, unless he is unavailable and another qualified Brown / and Caldwell staff person will attend in his place, � B. Assistance with Overall Program Management An requested by the Cby, BC will provide additional program management services. Additional � services may include updating the City's Stormwater Utility information brochure or other program related needs. Work under this task will be conducted using a "Task Order" approach. The City will - request specific tasks to be conducted, and BC will develop a scope and budget for the City's approval to conduct the requested work, Task 2:General Engineering and Planning Assistance BC will assist City staff with other stormwater related issues including, but not limited to: compliance with theStornnvvoter (MS4) Permit stormvvaterpnUubon management assessments, potentia|TK4DL issues, and other related topics at the City's discretion. Work under this task will be conducted using a � "Task Order" approach. The City will request specific tasks to be conducted, and BC will develop a scope � and budget for the [it/s approval to conduct the requested work, � Task 3: Prepare WDNR Grant Application for 2020 Stormwater Management Plan ' BC will prepare a grant application under the Wisconsin DNR Urban Nonpoint Source &Storm Water � Management Grant Program ' Planning Grant. &C will follow the guidelines provide by the DNRin � preparation of the grant application. A draft copy of the application will be provided to the City for review before finalizing the application. The actual application submittal must be signed and conducted � by the City. Task 4: Project Management This task includes the project managementnecessarytomakesunethep 'ecttasksnenoainon schedule, on budget, and meet quality requirements, Oshkosh/nz9 General mw Services Scope,s zz/14/1a . General Storm Water Services, 2019 1I/14/I8 Assumptions The budget for the above described tasks are based on the following assumptions 1. For Task 1 is it assumed that Jim Bachhuber will prepare for, and attend twelve (12) meetings. Assistance in preparing for, and/or attending the meeting if requested, will be provided by Mike � Wegner, Caroline Burger, 0r other qualified staff. � 3. Brown and Caldwell will prepare meeting summaries of each Stormwater Utility Committee � meeting for review and finalization by City staff. | S. The City will make available files, records, and other information necessary for BC to conduct the � scope of work at no cost to the project. � 4. For Task 2, e total of1Q0 hours isbudgeted. 8C will only perform work under this task as � directed by the City of Oshkosh under a Task Order approach, and will keep the City informed on the status of budget for this task. . 5. The work described in this document will take place between January 1, 2019 and December 31, 2019. 6. Brown and Caldwell will provide the City with an amendment to the Agreement before � performing additional services not stated iD this Scope of Work and Budget. � 7. For Task 3 the application materials will only use available maps, data,and files. No new modeling nr other analyses will beconducted. The City|x responsible for obtain necessary � Council resolutions, signing the application, and submitting the application, � � Budget This work is conducted on a time and material, not to exceed basis per the Agreement's terms and conditions, Brown and Caldwell assumes that no material costs will be incurred nn this project. Therefore, the budget is based on the following task breakdown,which includes labor only: Task Hours Budget 1. General Program Management Assistance 100 $17,928 2. General Engineering and Planning Assistance 180 $28,454 z Oshkosh 2019 General mwServices Sc"pem 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: Tames Rabe,P.E. CPESC, Director of Public Works Contract: General. Storm Water Services for 2019 City of Oshkosh Contract Number: 2019-4 Brown and Caldwell Project Number: The authorizing office requires performance of the following described.Services: See attached Exhibit A entitled "Scope of Services and Compensation.." Form of Compensation: See attached Exhibit A entitled "Scope of Services and Compensation." 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 November 28, 2018, 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: Signature: Name: Name: _ Tames Rabe, P.E., CPESC Title: Title: Director of Public Works Date: Date: hEngineering\2019 CONTRACTS\B&C 2019 Gen SW Serv\B&C Blank Proj Auth age 1 Of Z Form_12-3-18.rloex