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HomeMy WebLinkAboutAECOM/Campbell Creek Watershed City of Oshkosh Department of Public Works 215 Church Avenue P.O. Box 1 130 Oshkosh, Wisconsin 54903 -1130 (920) 236 -5065 OJH<OJH ON THE WATER November 17, 2010 IT) r 7 Mr. James Bachhuber AECOM '' 1350 Deming Way, Suite 100 r CLERK Middleton, WI 53562 `S Re: Agreement for Campbell Creek Watershed Dear Jim: Enclosed please find an executed copy of the agreement between the City of Oshkosh and AECOM regarding the above mentioned project. If you have any questions, please call our office at (920) 236 -5065. Thank you. Sincerely, • caiti C. C. 61 cd-o - -kielAn v David C. Patek Director of Public Works DCP /clm Enclosure cc: Pam Ubrig, City Clerk (w /original) Lynn Lorenson, City Attorney (w /copy) File Copy (w /copy) AECOM General Conditions of Service — City of Oshkosh April, 2009 These General Conditions of Service, including any Supplemental Conditions of Service which are or may become applicable to the services described in AECOM's Proposal, are incorporated by reference into the foregoing Proposal and shall also be incorporated by reference into any Agreement under which services are to be performed by AECOM for the Client. No agreement or understanding, oral or written, which in any way modifies or waives these General Conditions of Service, shall be binding on AECOM (whether contained in the Client's purchase forms or otherwise) unless hereafter made in writing and executed by AECOM's authorized representative. Section 1: Scope of Work a. The scope of work and the time schedules defined in the Proposal are based on the information provided by the Client and shall be subject to the provisions of this agreement. If this information is incomplete or inaccurate, or if site conditions are encountered which materially vary from those indicated by the Client, or if the Client directs AECOM to change the original scope of work established by the Proposal, a written amendment to the Agreement equitably adjusting the costs, performance time, and/or terms and conditions thereunder, shall be executed by the Client and AECOM as soon as practicable. AECOM, at its discretion, may suspend performance of its services until such an Amendment has been executed and, if such an Amendment is not agreed to within a reasonable time, AECOM may terminate this Agreement. In the event this Agreement is terminated pursuant to this Section, the Client shall pay AECOM for all services performed prior to termination and termination expenses as set forth in Section 15c of these General Conditions of Service. Section 2: Billings and Payments a. Payments for services and reimbursable expenses will be made on the basis set forth in the attached proposal. AECOM shall periodically submit invoices for services performed and expenses incurred and not previously billed. Payment is due upon receipt. For all amounts unpaid after 30 days from the invoice date, as set forth on AECOM's invoice form, the Client agrees to pay a finance charge of one and one -half percent (1 -1/2 %) per month, eighteen percent (18 %) annually. The fees described in this agreement may be adjusted annually on the anniversary date of the effective date of this agreement. b. The Client shall provide AECOM with a clear written statement within fifteen (15) days after receipt of the invoice of any objections to the invoice or any portion or element thereof. Failure to provide such a written statement shall constitute a waiver of any such objections and acceptance of the invoice as submitted. c. The Client's obligation to pay for the services performed by AECOM under this Agreement shall not be reduced or in any way impaired by or because of the Client's inability to obtain financing, zoning, approval of governmental or regulatory agencies, or any other cause, reason, or contingency. No deduction shall be made from any invoice on account of penalty or liquidated damages nor will any other sums be withheld or set off from payments to AECOM. Client further agrees to pay AECOM any and all expenses incurred in recovering any delinquent amounts due, including, but not limited to reasonable attorney's fees, arbitration, or other dispute resolution costs, and all court costs. d. If any subpoena or court order is served upon AECOM and/or any of its staff, subconsultants or subcontractors requiring presentation of documents or the appearance of AECOM's staff, subconsultants or subcontractors at a trial, deposition, or for other discovery purposes arising out of AECOM's services performed under this Agreement, Client will pay AECOM's fees (if any) applicable to AECOM's compliance with the subpoena or court order. Fees will be based on actual units used at the standard rates in effect at time of service upon AECOM of the subpoena or court order. Billings shall include time and expenses incurred gathering, organizing, duplicating documents, preparing to give testimony, travel, and testifying in deposition or trial. Section 3: Right of Access a. If services to be provided under this Agreement require the agents, employees, or contractors of AECOM to enter onto the Project site, Client shall provide right -of -access to the site to AECOM, its employees, agents and contractors, to conduct the planned field observations or services. b. If the scope of services includes, or is amended to include, the performance of exploratory borings or test pit excavations, Client will fumish to AECOM all diagrams, and other information in its possession or reasonably attainable by Client indicating the location and boundaries of the site and subsurface structures (pipes, tanks, cables, sewers, other utilities, etc.) in such detail as to permit identifying, in the field, boring /test pit locations which will avoid interferences with any subsurface structures. AECOM will utilize "Diggers Hotline" to locate and mark public utilities. Client shall indemnify and hold AECOM harmless from liability on account of damages to subsurface structures or injury or loss arising from damage to subsurface structures, the locations of which are not indicated or are incorrectly indicated by Diggers Hotline or the information provided by the Client. c. AECOM reserves the right to deviate a reasonable distance from prescribed or selected exploratory boring or Conssf.98k (Aug 13, 1998) CDBG consulting- agreement- and - authorization -to- proceed 2 test pit locations. d. AECOM shall take reasonable precautions to minimize damage to the site due to its operations, but AECOM has not included in its fee, and is not responsible for, the cost of restoration for any damage resulting from its operations. At the Client's request and for additional fee, AECOM will, to the extent reasonably practicable, restore the site to conditions substantially similar to those existing prior to AECOM's operations. Section 4: Safety a. It is understood and agreed that, with respect to Project site health and safety, AECOM is responsible solely for the safe performance by its field personnel of their activities in performance of the required services. It is expressly agreed that AECOM's professional services hereunder do not involve any responsibility for the protection and safety of persons on and about the Project nor is AECOM to review the adequacy of job safety on the Project. It is further understood and agreed, and not in limitation of the foregoing, that AECOM shall not be in charge of, and shall have no control or responsibility over any aspect of the erection, construction or use of any scaffolds, hoists, cranes, stays, ladders, supports, or other similar mechanical contrivances or safety devices as defined and interpreted under any structural work act or other statute, regulation, or ordinance relating in any way to Project safety. b. Unless otherwise specifically provided in this Agreement, Client shall provide, at its expense, facilities and labor necessary to afford AECOM field personnel access to sampling, testing, or observation locations in conformance with federal, state, and local laws, ordinances, and regulations specifically, including, but not limited to regulations set forth in OSHA 29 CFR 1926. c. If, in AECOM's opinion, its field personnel are unable to access required locations and perform the required services in conformance with federal, state, and local laws, ordinances and regulations due to Project site conditions or operations of other parties present on the Project site, AECOM may, at its discretion, suspend its services until such conditions or operations are brought into conformance with applicable laws, ordinances and regulations. If, within a reasonable time, operations or conditions are not in conformance with applicable laws, ordinances, and regulations, AECOM may, at its discretion, terminate this Agreement. In the event that the Agreement is terminated pursuant to this Section, the Client shall pay AECOM for services and termination expenses as set forth in Section 15 of this Agreement. d. Current regulations promulgated by the Occupational Safety and Health Administration (OSHA) require that a "competent person" conduct inspections of excavations and review any supporting system if workers are to enter the excavations. See OSHA 29 CFR Part 1926 (Subpart P). Under the scope of work incorporated in this Agreement, AECOM does not provide and has not assumed any duties of inspection and /or monitoring of excavations required of the "competent person" under OSHA 29 CFR Part 1926 (Subpart P). AECOM has neither been assigned nor assumed the authority required of the "competent person" under OSHA 29 CFR Part 1926 (Subpart P). Section 5: Samples a. Unless otherwise specifically provided in this Agreement or amendments thereto, AECOM reserves the right to discard samples immediately after testing. Upon request, the samples will be shipped (shipping charges collected) or stored at the rate indicated in the fee schedule attached. Section 6: Reports and Ownership of Documents a. AECOM shall furnish up to six (6) copies of each report to Client. Additional copies shall be furnished at the rates specified in the fee schedule. With the exception of AECOM reports to Client, all documents, including original boring logs, field data, field notes, laboratory test data, calculations, and estimates are and remain the property of AECOM. Client agrees that all reports and other work product fumished to the Client not paid for in full will be returned upon demand and will not be used for any purpose, including, but not limited to design, construction, permits, or licensing. Section 7: Standard of Care a. AECOM represents that it will perform its services under this Agreement in conformance with the care and skill ordinarily exercised by reputable members of the professional engineering community practicing under similar conditions at the same time in the same or similar locality. b. NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, AT COMMON LAW OR CREATED BY STATUTE, IS EXTENDED, MADE, OR INTENDED BY THE RENDITION OF CONSULTING SERVICES OR BY FURNISHING ORAL OR WRITTEN REPORTS OF THE FINDINGS MADE. c. Any exploration, testing, surveys, and analysis associated with the work will be performed by AECOM for the Client's sole use to fulfill the purpose of this Agreement and AECOM is not responsible for interpretation by others of the information developed. The Client recognizes that subsurface conditions beneath the Project site may vary from those encountered in borings, surveys, or explorations and the information and recommendations Conssf.98k (Aug 13, 1998) CDBG consulting- agreement- and - authorization -to- proceed 3 developed by AECOM are based solely on the information available. d. AECOM is not responsible for supervising, directing, controlling, or otherwise being in charge of the construction activities at the Project site; or supervising, directing, controlling or otherwise being in charge of the actual work of the contractor, its subcontractors, or other materialmen or service providers not engaged by AECOM. Section 8: Hazardous Substances a. Upon entering into this Agreement, the Client shall notify AECOM of all such hazardous substances which it knows or which it reasonably suspects are or may be present at or contiguous to the Project site or which may otherwise affect the services to be provided. Thereafter, such notification to AECOM shall be required as soon as practicable after the Client discovers either the presence of hazardous substances which were not previously disclosed, increased concentrations of previously disclosed hazardous substances, or facts or information which cause the Client to reasonably suspect the presence of any such hazardous substances. Hazardous substances shall include, but not be limited to, any substance which poses or may pose a present or potential hazard to human health or the environment whether contained in a product, material, by- product, waste, or sample and whether it exists in a solid, liquid, semi - solid, or gaseous form. b. If all or any part of the scope of work is to be performed in the general vicinity of a facility or in an area where asbestos, dust, fumes, gas, noise, vibrations, or other particulate or nonparticulate matter is in the atmosphere where it raises a potential health hazard or nuisance to those working in the area of such conditions, Client shall immediately notify AECOM of such conditions, potential health hazard, or nuisance which it knows, should know, or reasonably suspects exists and, thereafter, AECOM is authorized by the Client to take all reasonable measures AECOM deems necessary to protect its employees against such possible health hazards or nuisance. The reasonable direct cost of such measures shall be borne by the Client. c. Following any disclosure as set forth in the preceding paragraphs, or if any hazardous substances or conditions are discovered or reasonably suspected by AECOM after its services are undertaken, AECOM may, at its discretion, suspend its services until reasonable measures have been taken at the Client's expense to protect AECOM's employees from such hazardous substances or conditions. Whether or not AECOM suspends its services in whole or in part, the Client and AECOM agree that the scope of services, terms, and conditions, schedule, and the estimated fee or budget shall be adjusted in accordance with the disclosed information or condition, or AECOM may, at its discretion, terminate the Agreement. In the event that this Agreement is terminated pursuant to this Section, the Client shall pay AECOM for all services rendered prior to termination and all termination expenses as set forth in Section 15 of these General Conditions of Service. d. In the event that services under this Agreement may involve or relate to hazardous substances, or constituents, including hazardous waste (as defined by federal, state, or local statutes, regulations or ordinances), whether or not involvement or relationship was contemplated at the time this Agreement was made or when services by AECOM began under this Agreement, the following conditions shall also be incorporated into the Agreement and be made applicable thereto: d.1. In the event that samples collected by or received by AECOM on behalf of the Client contain hazardous substances or constituents, including hazardous waste, AECOM will, after completion of testing and, at Client's expense, (1) return such samples to Client, or (2) upon written request and using a manifest signed by the Client as generator, release such samples to a carrier selected by the Client to be transported to a location selected by the Client for final disposal. The Client agrees to pay all costs associated with the storage, transport, and disposal of samples. The Client recognizes and agrees that AECOM is acting as a bailee and at no time assumes title to said samples or substances. d.2. All laboratory and field equipment contaminated in performing services under this Agreement which cannot be reasonably decontaminated shall become the property and responsibility of the Client. All such equipment shall be delivered to the Client or disposed of in a manner similar to that indicated for hazardous samples above. The Client agrees to pay the fair market value of any such equipment which cannot reasonably be decontaminated and all other costs associated with the storage, transport, and disposal of such equipment. Section 9: Construction Monitoring Services a. "Construction Monitoring Services" is defined as services, furnished by AECOM to the Client, which are performed for the purpose of evaluating and /or documenting general conformance of construction operations or completed work with Project specifications, plans, and/or specific reports of the Project. Such services may include taking of tests or collecting samples of natural or manmade materials at various locations on a project site, and making visual observations related to earthwork, foundations, and/or materials. If the services to be provided by AECOM under this agreement include or are amended to include Construction Monitoring Services, the provisions of this Section 9 shall be an integral part of this agreement and applicable thereto. b. The presence of AECOM field personnel will be for the purpose of providing the client with a professional service based on observations and testing of the work which is performed by a contractor, subcontractor, or other materialmen or service provider. Such services will only be those specifically requested by the Client and Conssf.98k (Aug 13, 1998) CDBG consulting- agreement- and - authorization -to- proceed 4 agreed to by AECOM. Discrepancies between construction operations or completed work and project requirements which are noted by AECOM field personnel will be referred to the Client, or the Client's representative, as designated prior to AECOM's involvement in the project. c. It is understood and agreed by the Client that the observation and testing of natural and /or man -made materials by AECOM in no way implies a guarantee or warranty of the work of the contractor, subcontractor, or other materialmen or service providers, and the services rendered by AECOM will in no way excuse such contractor, subcontractor, or other materialmen or service providers from liability in the event of subsequently discovered defects, omissions, errors or other deficiencies in their work. The presence or absence of AECOM on the Project site will not affect any obligation of any contractor, subcontractor, or other materialmen or service providers to perform in accordance with the specifications and plans of the Project. The Client further understands that AECOM is not a quality assurance representative for any contractor, subcontractor, or other materialman or service provider on the Project. d. The Client agrees to supply AECOM with specifications, plans, and other necessary material for the Project pertinent to providing its services. e. Due to the nature of its services, observing and field testing the work of contractors, subcontractors, or materialmen or service providers on the Project, AECOM cannot always be responsible for the schedule or length of time its field personnel remain on the Project site. The time AECOM's field personnel spend on the Project site is dependent upon the schedule of the contractor, subcontractor or materialman, or service provider whose work they are observing and/or testing. AECOM shall make reasonable effort to utilize its time on the Project site judiciously, but the Client understands and agrees that any delays, cancellations, rescheduling, overtime or other construction activities that may alter the anticipated number of hours and the anticipated costs of AECOM on the Project site and that are beyond the control of AECOM field personnel are legitimate and chargeable time and will be invoiced at the rates designated in the attached fee schedules. f. Part-time work is defined as Construction Monitoring Services provided by AECOM where its field personnel are on the Project less than five (5) working days per week or less than forty (40) hours per week, or both. It is agreed that the Client will furnish AECOM with a minimum of one working day's notice, or twenty-four (24) hours notice, whichever is greater, on any part-time work of AECOM if field personnel are requested. AECOM shall make reasonable effort to provide field personnel on all projects, but reserves the right to schedule its field personnel as it deems appropriate, including the scheduling of different field personnel from day to day on any given part-time project of AECOM. The Client agrees to inform AECOM of the anticipated services required by AECOM field personnel on any day, including but not restricted to the kind and number of tests to be required and the anticipated amount of time the field personnel will be required on the Project site. g. All field personnel charges will be made on a portal -to -portal basis. Mileage to and from the Project site will be billed at the rate designated in the attached fee schedules as will any office engineering time needed to review, evaluate or analyze the field data. All calls made by the Client or the Clients representative to cancel requested part-time AECOM field personnel must be received by AECOM in time for AECOM to notify field personnel before they leave for the Project site. AECOM will make reasonable effort to contact its field personnel as quickly as possible, but reserves the right to bill the Client for time incurred in the event AECOM received a cancellation call too late for it to intercept the field personnel enroute to the Project site. Section 10: Opinions of Cost a. AECOM's opinions of probable total Project costs and Project construction costs, if any, provided as part of the services under this Agreement are made on the basis of AECOM's knowledge, experience, and qualifications and represent AECOM's judgment as an experienced and qualified professional engineer, familiar with the construction industry; but AECOM cannot and does not guarantee that proposals, bids, or actual total Project costs or Project construction costs will not vary from opinions of probable cost provided by AECOM. Section 11: Shop Drawings a. In the event that the scope of services includes review and approval of Shop Drawings or other data which contractor(s) are required to submit, AECOM's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Project plans and specifications and shall not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions or programs incident thereto. b. AECOM's review and approval of Shop Drawings or other data shall not relieve the contractor(s) from responsibility for any variation from the requirements of the plans and specifications unless the contractor(s) has, in writing, called AECOM's attention to each such variation at the time of submission and AECOM has given written approval of each such variation by a specific written notation incorporated into or accompanying the Shop Drawing or other data. Approval by AECOM will not relieve the contractor(s) from responsibility for errors or omissions in the Shop Drawings or other data. c. AECOM will accept Shop Drawings or other data submittals only from the contractor(s) required by the Project contract documents to furnish the Shop Drawings or data. AECOM will reasonably promptly review and approve, Conssf.98k (Aug 13, 1998) CDBG consulting- agreement- and - authorization -to- proceed 5 or take other appropriate action in regard to, Shop Drawings or data properly submitted to AECOM. Section 12: Allocation of Risk a. IN NO EVENT SHALL AECOM BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR CLIENTS LOSS OF PROFITS, DELAY DAMAGES, OR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY NATURE ARISING AT ANYTIME OR FROM ANY CAUSE WHATSOEVER. b. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, the City further agrees to hold AECOM 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 reuse 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. c. Under no circumstances shall AECOM be liable for extra work or other consequences due to changed conditions or for costs related to failure of the construction contractor or materialmen or service providers to install work in accordance with the plans and specifications. d. Notwithstanding any other provision of this Agreement, it is further agreed that to the fullest extent permitted by law the Client shall indemnify and hold harmless AECOM and its employees, agents, contractors and consultants from and against all claims, damages, losses and expenses, direct and indirect, or consequential damages, including but not limited to attorneys' fees and all Court, arbitration or other dispute resolution costs, arising out of, resulting from, or related to the presence and /or involvement of hazardous substances, including hazardous waste, at the Project site or contained in samples collected by or received by AECOM from the Project site. The indemnification set forth in this paragraph 12.e. extends to claims against AECOM which arise out of, are related to, or are based upon, the dispersal, discharge, escape, release, spillage or saturation of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other material, irritant, contaminant or pollution in or into the atmosphere, or on, onto, upon, in or into the surface or subsurface (a) soil, (b) water or watercourses, (c) objects, or (d) any tangible or intangible matter, whether such event or circumstances is sudden or not. Nothing in this Paragraph 12.e. is intended to indemnify, or shall be construed as indemnifying, AECOM with respect to claims, losses, expenses or damages to the extent caused by AECOM's own negligent acts or omissions. Section 13: Liability Insurance a. AECOM shall abide by the document entitled 'INSURANCE REQUIREMENTS FOR "PROFESSIONAL LIABILITY" PROVIDERS FOR CITY OF OSHKOSH' (a copy of which is attached). In the event the City requires specific inclusions of coverage in addition to that obtained by AECOM, or increased limits of liability in AECOM's liability policies, the cost of such inclusions or increased limits shall be borne by the City. The City agrees to provide liability protection for its officers, employees and agents while acting within the scope of their employment. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, the City further agrees to hold AECOM 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 or in connection with or occurring during the course of this agreement 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 . Section 14: Dispute Resolution a. All claims, disputes, controversies or matters in question arising out of, or relating to this Agreement or any breach thereof, including but not limited to disputes arising out of alleged design defects, breaches of contract, errors, omissions, or acts of professional negligence, (collectively "disputes ") shall be submitted to mediation before and as a condition precedent to any other remedy. Upon written request by either party to this Agreement for mediation of any dispute, Client and AECOM shall select by mutual agreement a neutral mediator. Such selection shall be made within ten (10) calendar days of the date of receipt by the other party of the written request for mediation. In the event of failure to reach such agreement or in any instance when the selected mediator is unable or unwilling to serve and a replacement mediator cannot be agreed upon by Client and AECOM within ten (10) calendar days, a mediator shall be chosen as specified in the Construction Industry Mediation Rules of the American Arbitration Association then in effect. b. Notwithstanding any other provisions of this Section 14, in no event shall a demand for mediation be made more than two (2) years from the date the party making demand knew or should have known of the dispute or six (6) years from the date of substantial completion of AECOM's participation in the Project, whichever date shall occur earlier. c. All mediation or arbitration shall take place in the City of Oshkosh, Wisconsin, unless Client and AECOM agree Conssf.98k (Aug 13, 1998) CDBG consulting- agreement- and - authorization -to- proceed 6 otherwise. The fees of the mediator or arbitrator(s) and the costs of transcription and other costs incurred by the mediator or arbitrator(s) shall be apportioned equally between the parties. Section 15: Termination a. This Agreement may be terminated by either party upon at least seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Such termination shall not be effective if that substantial failure has been remedied before expiration of the period specified in the written notice. The only exceptions to this seven -day written notice condition are AECOM's rights to terminate this Agreement as set forth in Sections 1, 4 and 8 of the Agreement. b. In addition, AECOM may terminate this Agreement if the Client suspends AECOM's services for more than sixty (60) consecutive days through no fault of AECOM. c. If this Agreement is terminated, AECOM shall be paid for services performed prior to the termination date set forth in the notice plus termination expenses. Termination expenses shall include personnel and equipment rescheduling and re- assignment adjustments and all other related costs incurred directly attributable to termination. Section 16: Employment a. Client agrees that, prior to the completion of AECOM's services on the Project, Client and its officers, agents or employees shall neither (1) offer employment to AECOM's employees, (2) advise AECOM's employees of employment opportunities with Client, Client's parent or affiliate organization(s), if any, nor (3) inquire into employment satisfaction of AECOM's employees. Section 17: Independent Contractor a. The relationship between the Client and AECOM created under this Agreement is that of principal and independent contractor. Neither the terms of this Agreement nor the performance thereof is intended to directly or indirectly benefit any person or entity not a party hereto and no such person or entity is intended to be or shall be construed as being, a third -party beneficiary of this Agreement unless specified by name herein or in an Amendment hereto, executed by AECOM's authorized representative. Section 18: Severability a. In the event that any provision herein shall be deemed invalid or unenforceable, the other provisions hereof shall remain in full force and effect, and binding upon the parties hereto. Section 19: Section Headings a. The heading or title of a section is provided for convenience and information and shall not serve to alter or affect the provisions included herein. Section 20: Survival a. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the Client and AECOM shall survive the completion of services and the termination of this Agreement. Section 21: Assigns a. Neither the Client nor AECOM may delegate, assign, sublet or transfer its duties, responsibilities or interests in this Agreement without the written consent of the other party. Section 22: Choice Of Law a. This Agreement shall be governed by the law of the State of Wisconsin. Section 23: Written Notice a. Written notice shall be deemed to have been duly served if delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended, or if delivered at or sent by registered or certified mail to the last business address known to the party giving notice. Conssf.98k (Aug 13, 1998) CDBG consulting- agreement- and - authorization -to- proceed 7 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design SCOPE OF WORK Survey Tasks Task 1. Collect Survey information to aid in the construction of the conveyance network model. A. Utilize NGVD 29 or NAVD 88 vertical datum and NAD 83 State Plane Wisconsin South FIPS 4803 Feet horizontal datum. B. The City of Oshkosh GPS Base Station is available to assist with GPS survey collection. WisCORS is also available in the Oshkosh area through the Wisconsin DOT. C. Street Surveys: i. Newport Avenue (South Oakwood Road to Westhaven Circle). ii. Westhaven Circle. iii. Westhaven Drive (20 Avenue to Maricopa Drive). iv. Newport Court (Westhaven Circle to cul -du -sac). v. Maricopa Drive (Lennox Street to Westhaven Circle). vi. Maricopa Drive (Covington Drive to the north and west to Westhaven Drive). vii. Dickinson Avenue. viii. Cumberland Trail (Maricopa Drive to Ardmore Trail). ix. Ardmore Trail (Heritage Trail to Cumberland Trail). x. Greenfield Trail (Heritage Trail to Cumberland Trail). xi. Reichow Street (Crystal Springs Avenue to 9th Avenue). xii. 9th Avenue (Reichow Street to Huntington Place). xiii. Mason Street (9 Avenue to Glen Avenue). xiv. 4th Avenue (Mason Street to Sawyer Street). xv. Sawyer Street (Bismarck Avenue to Witzel Avenue). xvi. Guenther Street (Bismarck Avenue to Witzel Avenue). xvii. Witzel Avenue (Sawyer Street to Knapp Street). xviii.Josslyn Street (Southland Avenue to Witzel Avenue). D. Information to be collected for street survey: i. Storm sewer manholes and catch basins (rim and invert elevations). ii. Note catch basin lead and storm sewer main sizes. iii. Note any deficiencies or damage to the manholes or pipes. iv. Sanitary sewer manholes (rim and invert elevations). v. Measure catch basin size and note grate type for inlet capacity analysis. vi. Cross Section survey at high points and low points in street, and at other points as needed for modeling accuracy. For budgeting purposes a cross section interval averaging 300 linear feet is assumed. a. Back of walk. b. Front of walk. c. Top of Curb. d. Flow Line. e. Centerline. E. Arlington Drive (Maricopa Drive to Westhaven Drive), South Koeller Street (400 feet north of Menard Drive to 400 feet south of Menard Drive), and Crystal Springs Avenue (Moreland Street to Armory Place). i. Storm sewer manholes and catch basins (rim and invert elevations). ii. Note catch basin lead and storm sewer main sizes. November 8, 2010 Scope of Work: Page 1 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design iii. Measure catch basin size and note grate type for inlet capacity analysis. F. Area within Westhaven Circle. i. Ground elevation at each house. ii. Elevation of lowest opening into each house. iii. First floor elevation of each structure. iv. Corner of each Lot. v. High points and low points along property lines. vi. Yard drains and storm sewer manholes (rim and invert elevations). G. Additional Areas as necessary to assist in the construction of the network model. Task 2. Collect Survey information necessary for the production of construction drawings for Westhaven Clubhouse Area Detention Basin Location. A. Utilize the same vertical and horizontal datum as Task 1. B. The City of Oshkosh GPS Base Station is available to assist with GPS survey collection. WisCORS is also available in the Oshkosh area through the Wisconsin DOT. C. Contact Digger's Hotline to have all utilities in project areas outlined below located. D. Full topographic survey of the detention basin site. i. All features present on site. ii. Grid of sufficient density to generate surface model and contours. E. Full topographic survey of Westhaven Circle from Newport Court to northern limits of detention basin location (going around the south leg of Westhaven Circle), Newport Court, Westhaven Drive from Brentwood Drive to Westhaven Circle, Arlington Drive from Westhaven Drive to 600 feet south of Westhaven Drive, and Maricopa Drive from Westhaven Circle to 700 feet south of Westhaven Circle. i. Cross sections at 50' intervals. ii. High points and low points in street. iii. Back of walk. iv. Front of walk. v. Top of curb. vi. Flow line of gutter. vii. Centerline. viii. All features within terrace and a minimum of 10 feet behind the back of walk (trees, mailboxes, utility pedestals, etc). ix. All Utilities identified by Digger's Hotline locates. a. Include all manholes, catch basins, valves, etc (rim and invert elevations). x. Concrete pavement joints. Task 3. Collect Survey information necessary for the production of construction drawings for 9 and Washburn Area Detention Basin Location. A. Utilize the same vertical and horizontal datum as Task 1. B. The City of Oshkosh GPS Base Station is available to assist with GPS survey collection. WisCORS is also available in the Oshkosh area through the Wisconsin DOT. C. Contact Digger's Hotline to have all utilities in project areas outlined below located. D. Full topographic survey of the detention basin site. i. All features present on site. ii. Grid of sufficient density to generate surface model and contours. November 8, 2010 Scope of Work: Page 2 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design E. Full topographic survey of Washburn Street from 909 South Washburn Street to 1145 South Washburn Street and Maricopa Drive from Covington Drive to Cumberland Trail. i. Cross sections at 50' intervals. ii. High points and low points in street. iii. Back of walk. iv. Front of walk. v. Top of curb. vi. Flow line of gutter. vii. Centerline. viii. All features within terrace (trees, mailboxes, utility pedestals, etc). ix. All Utilities identified by Digger's Hotline locates. a. Include all manholes, catch basins, valves, etc (rim and invert elevations). x. Concrete pavement joints. F. Full topographic survey of Storm Sewer Easements from Maricopa Drive to Washburn Street. i. Ground elevation shots (sufficient grid density to develop surface model and contours). ii. Location of nearby structures (buildings, pavement, etc). iii. Location of nearby natural features (trees, shrubs, etc). iv. All Utilities identified by Digger's Hotline locates. a. Include all manholes, catch basins, valves, etc (rim and invert elevations). G. USH 41 ditch (between USH 41 and South Washburn Street) from 1175 South Washburn to 9 Avenue. i. Top of Bank. ii. Flow Line. Task 4. Collect Survey information necessary for the production of construction drawings for Armory Area Detention Basin Location. A. Utilize the same vertical and horizontal datum as Task 1. B. The City of Oshkosh GPS Base Station is available to assist with GPS survey collection. WisCORS is also available in the Oshkosh area through the Wisconsin DOT. C. Contact Digger's Hotline to have all utilities in project areas outlined below located. D. Full topographic survey of the detention basin site. i. All features present on site. ii. Grid of sufficient density to generate surface model and contours. E. Full topographic survey of Menard Drive from South Koeller Street to the east end. i. Cross sections at 50' intervals. ii. High points and low points in street. iii. Back of walk. iv. Front of walk. v. Top of curb. vi. Flow line of gutter. vii. Centerline. viii. All features within terrace (trees, mailboxes, utility pedestals, etc). ix. All Utilities identified by Digger's Hotline locates. a. Include all manholes, catch basins, valves, etc (rim and invert elevations). x. Concrete pavement joints. November 8, 2010 Scope of Work: Page 3 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design F. Full topographic survey of Storm Sewer Easements from Detention Basin Site to Crystal Springs Avenue, from Moreland Street to Detention Basin Site. i. Ground elevation shots (sufficient grid density to develop surface model and contours). ii. Location of nearby structures (buildings, pavement, etc). iii. Location of nearby natural features (trees, shrubs, etc). iv. All Utilities identified by Digger's Hotline locates. a. Include all manholes, catch basins, valves, etc (rim and invert elevations). Task 5. Collect Survey information necessary for the production of construction drawings for Westhaven Park Area Detention Basin Location. A. Utilize the same vertical and horizontal datum as Task 1. B. The City of Oshkosh GPS Base Station is available to assist with GPS survey collection. WisCORS is also available in the Oshkosh area through the Wisconsin DOT. C. Contact Digger's Hotline to have all utilities in project areas outlined below located. D. Full topographic survey of the detention basin site. i. All features present on site. ii. Grid of sufficient density to generate surface model and contours. E. Full topographic survey of Newport Avenue and Westhaven Drive (200 feet in each direction from where the storm sewer intersects the streets and Westhaven Park). i. Cross sections at 50' intervals. ii. High points and low points in street. iii. Back of walk. iv. Front of walk. v. Top of curb. vi. Flow line of gutter. vii. Centerline. viii. All features within terrace (trees, mailboxes, utility pedestals, etc). ix. All Utilities identified by Digger's Hotline locates. a. Include all manholes, catch basins, valves, etc (rim and invert elevations). x. Concrete pavement joints. Campbell Creek Watershed Hydrologic / Hydraulic Modeling Tasks Task 6. Construct conveyance network model (XP SWMMTM 2D) of entire Campbell Creek Watershed, including the area identified as" Sawyer & Campbell Creek" by the City of Oshkosh. A. NOTE: The Wisconsin Southern Railroad recently completed a ditch grading project between 20th Avenue and Washburn Street. B. Portions of the watershed are conveyed via open ditch (primarily upstream of USH 41 along the main branch of Campbell Creek). C. Model all storm sewer segments 24 inches in diameter (or equivalent) and larger. D. Incorporate smaller storm sewer segments as needed for model accuracy. E. The City of Oshkosh will provide storm sewer and culvert GIS information to assist in the network building. The information contained in the GIS can be utilized without the need for field verification, except for the items being surveyed as a part of this contract. F. Incorporate existing storm water management facilities (public and private) into the model. For this task a maximum of 10 private detention facilities are assumed to be incorporated into the model. November 8, 2010 Scope of Work: Page 4 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design G. The City of Oshkosh will provide design plans for the Tipler Dry Detention Basin Project to assist in the incorporation of the storage provided. H. The City of Oshkosh will provide tiff images of development Grading and Drainage Plans to assist in the input of existing storm water management facilities. These images typically do not contain a stage- storage table, but do contain contours which can be utilized to calculate the stage- storage information. L The City of Oshkosh can provide tiff images of local street utility and paving plans if required. J. Model shall be constructed using XP SWMM 2D overland flow routing routines. K. The Fox River tailwater elevation to be utilized is 747.56. L. Include the area shown in Figure 1 as Sawyer Creek Storm Sewer. Task 7. Construct Watershed Characteristics A. The City of Oshkosh can provide GIS information relating to land use characteristics for all parcels within the study area. B. The City of Oshkosh can provide GIS information relating to the impervious area for parcels within the city limits. C. Subdivide into smaller watersheds as needed in order to properly execute the model. Task 8. Execute Existing Conditions Hydrologic and Hydraulic Model A. Utilize Huff & Angel (Midwest Climate Center Bulletin 71) rainfall depths and distributions. B. Run model with June 12 -13, 2008 rainfall amounts and soil conditions and compare with actual observed flooding conditions to fine tune model. The City of Oshkosh will provide the rainfall distribution based upon the Wittman Regional Airport recording station. C. AECOM will use the2 -hour duration design storm event as the critical duration for conveyance system capacities, and the 12 -hour duration design storm event was the critical duration for detention basin volume capacities. These storm durations will be applied to all hydrologic and hydraulic modeling unless otherwise noted. D. Utilize existing land use and coverage characteristics. E. Run model for the following 2 -hour duration design storm events: i. 1 -year ii. 2 -year iii. 10 -year iv. 50 -year v. 100 -year F. Prepare table noting the flooding depth and duration for up to 30 locations for each design storm and for the June 12 -13, 2008 storm event. Locations will be determined through coordination with City Staff. Task 9. Execute Post - Mitigation Hydrologic and Hydraulic Model (include conceptual designs or actual design plan information for all detention basins). NOTE: This task will be iterative with each detention basin design. The cost associated with those iterations shall be included in the design tasks for each detention basin. A. Utilize existing land use and coverage characteristics with the following exceptions: i. Account for planned USH 41 expansion of impervious surfaces. ii. Account for planned USH 41 storm water management facilities. November 8, 2010 Scope of Work: Page 5 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design iii. Account for planned USH 41 storm water conveyance system upgrades. iv. Account for Tipler Conveyance Upgrades Project completion (City of Oshkosh will provide 90% design plans). B. Prepare concept layout for Westhaven Clubhouse Detention Basin. C. Prepare concept layout for Westhaven Park Detention Basin. D. Run model for the following 2 -hour and 12 -hour duration design storm events (with and without the Westhaven Park Detention Basin): i. 1 -year ii. 2 -year iii. 10 -year iv. 50 -year v. 100 -year E. Run model with June 12 -13, 2008 rainfall amounts and soil conditions. F. Prepare table and/or figure showing the reduction in flooding at the locations identified in Task 8.F. for the critical design storm events and the June 12 -13, 2008 storm event. G. Note the peak water surface elevation for the detention basins for each design storm event, and for the June 12 -13, 2008 storm event. H. Prepare discussion of modeling results with and without the inclusion of the Westhaven Park site. Attend meeting to present the results of the two alternatives to City Staff. Final determination as to the inclusion of this site in the overall plan will be made after this meeting. Design of Westhaven Clubhouse Detention Basin Task 10. Prepare Construction Documents for the Westhaven Clubhouse Area Detention Basin. A. The Westhaven Clubhouse Area Detention Basin will be a wet detention basin to provide pollution control in addition to flood control. B. Conduct inlet capacity analysis (including inlet leads) on the following streets: i. Westhaven Drive from 20 Avenue to Westhaven Circle ii. Arlington Drive from Crestview Drive to Westhaven Drive. iii. Newport Avenue from Brentwood Drive to Westhaven Circle. iv. Maricopa Drive from Arlington Drive to Westhaven Circle. v. Newport Court. C. Execute Post - Mitigation Hydrologic and Hydraulic Model. i. Coordinate design of detention basin with modeling to maximize benefit to upstream and downstream areas of watershed. ii. AECOM will evaluate 1/2 hour, 1 hour, and 2 hour storm durations to determine which duration results in the most critical flood conditions. The critical duration will be used for design evaluation under Task 10 and Task 11. iii. Recommend storm sewer upgrades in following streets in vicinity of detention basin site: a. Westhaven Drive (South of Westhaven Circle). b. Arlington Drive (South of Westhaven Drive). c. Maricopa Drive (Arlington Drive to Westhaven Circle). d. Newport Court. e. Westhaven Circle (Newport Avenue to detention basin). iv. Identify potential overland flow routes from Newport Court to Westhaven Circle. November 8, 2010 Scope of Work: Page 6 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design D. All plan sheets shall be ANSI D (22x34) in size. E. All plan and profile sheets shall be scaled at 1 inch equals 20 feet in plan view and 1 inch equals 2 feet in profile. F. Perform WinSLAMM analysis of detention basin to determine pollution removal from detention basin. Analysis shall be consistent with the work performed during the city wide pollution control analysis. G. Perform Structural design for inlet and/or outlet structures and any special manholes or junction chambers necessary for storm sewer work. H. Detention Basin Plans shall not exceed 1 inch equals 50 feet, and shall be scalable with an Engineer's Scale at half size and full size. The following plan pages will be included: i. Cover Sheet ii. Grading Plan. iii. Erosion Control Plan. iv. Landscaping and Restoration Plan. v. Detention Basin Cross Section Plan. vi. Structural Plans and Details for inlet and /or outlet structures. I. Prepare plan sheet(s) for the construction of an overland flow route from Newport Court to Westhaven Circle. J. For the purpose of estimating costs: i. Assume that there will be storm sewer upgrades taking place in Westhaven Circle from Newport Court to the detention basin (around the southern leg of Westhaven Circle). ii. Assume plan sheets will need to be prepared for inlet capacity (and potentially inlet lead capacity) upgrades in the areas analyzed under 10.B. K. Prepare pavement restoration plan and profile sheet(s) for street(s) with storm sewer construction taking place. i. Show front of walk, top of curb and flow line of gutter profiles in a separate profile view for each side of street with restoration work. ii. Show center line profile in another profile view. iii. Label slopes in profile view. iv. Provide stations and spot elevations on the centerline and gutter flow line at 50 foot intervals, high points, low points, and at radius points at intersections. Provide spot elevations at mid radius at intersections. L. Construction staking plans shall contain adequate information to allow the City to perform construction staking / layout without the use of the electronic CAD files. M. Consultant to prepare the following sections of the contract book utilizing the City of Oshkosh format. The City will compile the sections from the Consultant and assemble the Contract Book. i. Official Notice to Contractors. ii. Proposal. iii. Wage Rate Determination. iv. Special Conditions. N. Permitting. i. Prepare DNR Consolidated Permit Application Form, including Construction and Post - Construction Attachments (NOI). ii. Prepare a written Storm Water Management and Erosion and Sediment Control Plan report in accordance with City and DNR requirements. November 8, 2010 Scope of Work: Page 7 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design O. Prepare Detailed Construction Cost Estimate. P. Develop layout for an Information and Educational Sign for placement at site post - construction. Coordinate with layouts being developed for other detention basins location in City of Oshkosh. Q. Meetings: i. Design services Kick -Off meeting ii. 30% plan review meeting. iii. 60% plan review meeting. iv. 90% plan review meeting. v. Neighborhood informational meeting (to be scheduled in the evening). R. Assistance during bidding and construction. i. Budget 10 hours of Design Engineer time to assist with answering questions during the bidding process. ii. Budget 10 hours of Design Engineer time to assist with answering questions during the construction process. iii. Budget 5 hours of Structural Design Engineer time to assist in the review of shop drawings. Design of Westhaven Park Area Detention Basin Task 11. Prepare Construction Documents for the Westhaven Park Area Detention Basin. A. The Westhaven Park Area Detention Basin will be a dry detention basin which will be utilized as a park except for during storm events. B. Conduct inlet capacity analysis (including inlet leads) on the following streets: i. Newport Avenue from Brentwood Drive to Oakwood Road. C. Execute Post - Mitigation Hydrologic and Hydraulic Model per. i. Coordinate design of detention basin with modeling to maximize benefit to upstream and downstream areas of watershed. ii. Recommend storm sewer upgrades in following streets in vicinity of detention basin site: a. Newport Avenue (Oakwood Road to Westhaven Circle). b. Oakwood Road (Newport Avenue to Sawyer Creek). D. All plan sheets shall be ANSI D (22x34) in size. E. All plan and profile sheets shall be scaled at 1 inch equals 20 feet in plan view and 1 inch equals 2 feet in profile. F. Perform Structural design for inlet and /or outlet structures and any special manholes or junction chambers necessary for storm sewer work. G. Detention Basin Plans shall not exceed 1 inch equals 50 feet, and shall be scalable with an Engineer's Scale at half size and full size. Include the following plan pages: i. Cover Sheet ii. Grading Plan. iii. Erosion Control Plan. iv. Landscaping and Restoration Plan. v. Detention Basin Cross Section Plan. vi. Structural Plans and Details for inlet and/or outlet structures. H. For the purpose of estimating costs: November 8, 2010 Scope of Work: Page 8 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design i. Assume plan sheets will need to be prepared for inlet capacity (and potentially inlet lead capacity) upgrades in the areas analyzed under Task 11.B. I. Prepare pavement restoration plan and profile sheet(s) for street(s) with storm sewer construction taking place. i. Show front of walk, top of curb and flow line of gutter profiles in a separate profile view for each side of street with restoration work. ii. Show center line profile in another profile view. iii. Label slopes in profile view. iv. Provide stations and spot elevations on the centerline and gutter flow line at 50 foot intervals, high points, low points, and at radius points at intersections. Provide spot elevations at mid radius at intersections. J. Construction staking plans shall contain adequate information to allow the City to perform construction staking / layout without the use of the electronic CAD files. K. Consultant to prepare the following sections of the contract book utilizing the City of Oshkosh format. The City will compile the sections from the Consultant and assemble the Contract Book. i. Official Notice to Contractors. ii. Proposal. iii. Wage Rate Determination. iv. Special Conditions. L. Permitting. i. Prepare DNR Consolidated Permit Application Form, including Construction and Post - Construction Attachments (NOI). ii. Prepare a written Storm Water Management and Erosion and Sediment Control Plan report in accordance with City and DNR requirements. M. Prepare Detailed Construction Cost Estimate. N. Develop layout for an Information and Educational Sign for placement at site post - construction. Coordinate with layouts being developed for other detention basins location in City of Oshkosh. O. Meetings: i. Design services Kick -Off meeting ii. 30% plan review meeting. iii. 60% plan review meeting. iv. 90% plan review meeting. v. Neighborhood informational meeting (to be scheduled in the evening). P. Assistance during bidding and construction. i. Budget 10 hours of Design Engineer time to assist with answering questions during the bidding process. ii. Budget 10 hours of Design Engineer time to assist with answering questions during the construction process. iii. Budget 5 hours of Structural Design Engineer time to assist in the review of shop drawings. Design of 9 and Washburn Area Detention Basin Task 12. Prepare Construction Documents for the 9 and Washburn Area Detention Basin. November 8, 2010 Scope of Work: Page 9 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design A. The 9 and Washburn Area Detention Basin will be a wet detention basin to provide pollution control in addition to flood control. B. Conduct inlet capacity analysis (including inlet leads) on the following streets: i. Westhaven Drive (Westhaven Circle north to Maricopa Drive). ii. Maricopa Drive (Covington Drive north and west to Westhaven Drive). iii. Greenfield Trail (Heritage Trail to Cumberland Trail). iv. Ardmore Trail (Heritage Trail to Cumberland Trail). v. Cumberland Trail (Ardmore Trail to Maricopa Drive). C. Execute Post - Mitigation Hydrologic and Hydraulic Model. i. Coordinate design of detention basin with modeling to maximize benefit to upstream and downstream areas of watershed. ii. Recommend storm sewer upgrades in following streets in vicinity of detention basin site: a. Westhaven Drive (Westhaven Circle north to Maricopa Drive). b. Maricopa Drive (Covington Drive north and west to Westhaven Drive). c. Storm Sewer Easement (Maricopa Drive to Detention Basin Site). d. Dickinson Avenue (Washburn Street to Maricopa Drive). e. Cumberland Trail (Ardmore Trail to Maricopa Drive). f. Greenfield Trail (Heritage Trail to Cumberland Trail). D. All plan sheets shall be ANSI D (22x34) in size. E. All plan and profile sheets shall be scaled at 1 inch equals 20 feet in plan view and 1 inch equals 2 feet in profile. F. Perform WinSLAMM analysis of detention basin to determine pollution removal from detention basin. Analysis shall be consistent with the work performed during the city wide pollution control analysis. G. Perform Structural design for inlet and /or outlet structures and any special manholes or junction chambers necessary for storm sewer work. H. Detention Basin Plans shall not exceed 1 inch equals 50 feet, and shall be scalable with an Engineer's Scale at half size and full size. Include the following plan pages: i. Cover Sheet ii. Grading Plan. iii. Erosion Control Plan. iv. Landscaping and Restoration Plan. v. Detention Basin Cross Section Plan. vi. Structural Plans and Details for inlet and/or outlet structures. I. For the purpose of estimating costs: i. Assume the detention basin outlets to the north, and storm sewer upgrades will be required in Washburn Street to discharge in the US 41 right -of -way. ii. Assume there will be storm sewer upgrades taking place in the easement from Maricopa Drive to the detention basin site. iii. Assume there will be storm sewer upgrades taking place in Maricopa Drive from Covington Drive to Cumberland Trail. iv. Assume plan sheets will need to be prepared for inlet capacity (and potentially inlet lead capacity) upgrades in the areas analyzed under Task 12.B. J. Prepare pavement restoration plan and profile sheet(s) for Street(s) with storm sewer construction taking place. November 8, 2010 Scope of Work: Page 10 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design i. Show front of walk, top of curb and flow line of gutter profiles in a separate profile view for each side of street with restoration work. ii. Show center line profile in another profile view. iii. Label slopes in profile view. iv. Provide stations and spot elevations on the centerline and gutter flow line at 50 foot intervals, high points, low points, and at radius points at intersections. Provide spot elevations at mid radius at intersections. K. Construction staking plans shall contain adequate information to allow the City to perform construction staking / layout without the use of the electronic CAD files. L. Consultant to prepare the following sections of the contract book utilizing the City of Oshkosh format. The City will compile the sections from the Consultant and assemble the Contract Book. i. Official Notice to Contractors. ii. Proposal. iii. Wage Rate Determination. iv. Special Conditions. M. Permitting. i. Prepare DNR Consolidated Permit Application Form, including Construction and Post - Construction Attachments (NOI). ii. Prepare a written Storm Water Management and Erosion and Sediment Control Plan report in accordance with City and DNR requirements. iii. Prepare Water Quality Certification for anticipated disturbance to a wetland for the purposes of installing storm sewer to detention basin. N. Prepare Detailed Construction Cost Estimate. O. Develop layout for an Information and Educational Sign for placement at site post - construction. Coordinate with layouts being developed for other detention basins location in City of Oshkosh. P. Meetings: i. Design services Kick -Off meeting ii. 30% plan review meeting. iii. 60% plan review meeting. iv. 90% plan review meeting. v. Neighborhood informational meeting (to be scheduled in the evening). Q. Assistance during bidding and construction. i. Budget 10 hours of Design Engineer time to assist with answering questions during the bidding process. ii. Budget 10 hours of Design Engineer time to assist with answering questions during the construction process. iii. Budget 5 hours of Structural Design Engineer time to assist in the review of shop drawings. Design of Armory Detention Basin Task 13. Prepare Construction Documents for the Armory Area Detention Basin. A. The Armory Area Detention Basin will be a wet detention basin to provide pollution control in addition to flood control. B. Conduct inlet capacity analysis (including inlet leads) on the following streets: November 8, 2010 Scope of Work: Page 11 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design i. South Koeller Street (400 feet north of Menard Drive to 400 feet south of Menard Drive). ii. Menard Drive (South Koeller Street to the east). iii. Crystal Springs Avenue (Moreland Street to Armory Place). C. Execute Post - Mitigation Hydrologic and Hydraulic Model. i. Coordinate design of detention basin with modeling to maximize benefit to upstream and downstream areas of watershed. ii. Recommend storm sewer upgrades in following streets in vicinity of detention basin site: a. South Koeller Street / Parking Lot / Menard Drive (USH 41 culvert crossing to detention basin). iii. Identify overflow spillway route to north. D. NOTE: The ANR pipeline crosses Menard Drive at the east end. This crossing may impact potential storm sewer upgrades in the area upstream of the detention basin. E. All plan sheets shall be ANSI D (22x34) in size. F. All plan and profile sheets shall be scaled at 1 inch equals 20 feet in plan view and 1 inch equals 2 feet in profile. G. Perform WinSLAMM analysis of detention basin to determine pollution removal from detention basin. Analysis shall be consistent with the work performed during the city wide pollution control analysis. H. Perform Structural design for inlet and /or outlet structures and any special manholes or junction chambers necessary for storm sewer work. I. Detention Basin Plans shall not exceed 1 inch equals 50 feet, and shall be scalable with an Engineer's Scale at half size and full size. Include the following plan pages: i. Cover Sheet ii. Grading Plan. iii. Erosion Control Plan. iv. Landscaping and Restoration Plan. v. Detention Basin Cross Section Plan. vi. Structural Plans and Details for inlet and/or outlet structures. J. For the purpose of estimating costs: i. Assume that there will be storm sewer upgrades taking place in the areas identified in Item 13.C.ii. ii. Assume plan sheets will need to be prepared for inlet capacity (and potentially inlet lead capacity) upgrades in the areas analyzed under 13.B. K. Prepare pavement restoration plan and profile sheet(s) for street(s) with storm sewer construction taking place. i. Show front of walk, top of curb and flow line of gutter profiles in a separate profile view for each side of street with restoration work. ii. Show center line profile in another profile view. iii. Label slopes in profile view. iv. Provide stations and spot elevations on the centerline and gutter flow line at 50 foot intervals, high points, low points, and at radius points at intersections. Provide spot elevations at mid radius at intersections. L. Construction staking plans shall contain adequate information to allow the City to perform construction staking / layout without the use of the electronic CAD files. November 8, 2010 Scope of Work: Page 12 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design M. Consultant to prepare the following sections of the contract book utilizing the City of Oshkosh format. The City will compile the sections from the Consultant and assemble the Contract Book. i. Official Notice to Contractors. ii. Proposal. iii. Wage Rate Determination. iv. Special Conditions. N. Permitting. i. Prepare DNR Consolidated Permit Application Form, including Construction and Post - Construction Attachments (NOI). ii. Prepare a written Storm Water Management and Erosion and Sediment Control Plan report in accordance with City and DNR requirements. iii. Chapter 30 Permit Application for detention basin along / within an intermittent stream. iv. Water Quality Certification for potential disturbance of wetlands near intermittent stream. v. Task 13 N includes one (1) meeting with the WDNR at the project site during the permits' preparation process. Time for coordination with the WDNR following the submittal of the permits is not included in this task. O. Prepare Detailed Construction Cost Estimate. P. Develop layout for an Information and Educational Sign for placement at site post - construction. Coordinate with layouts being developed for other detention basins location in City of Oshkosh. Q. Meetings: i. Design services Kick -Off meeting ii. 30% plan review meeting. iii. 60% plan review meeting. iv. 90% plan review meeting. v. Neighborhood informational meeting (to be scheduled in the evening). R. Assistance during bidding and construction. i. Budget 10 hours of Design Engineer time to assist with answering questions during the bidding process. ii. Budget 10 hours of Design Engineer time to assist with answering questions during the construction process. iii. Budget 5 hours of Structural Design Engineer time to assist in the review of shop drawings. Project Meetings Task 14. Meetings: A. In addition to the meetings listed (and to be budgeted for) under the preparation of Construction Documents of each Detention Basin (Tasks 10, 11, 12, and 13), include the following meetings in preparation of the proposal: i. Project Kick -Off Meeting. ii. Two meetings to discuss Existing Conditions Model results (face to face or web based). iii. Meeting with City Staff to present results of modeling with and without Westhaven Park Area Detention Basin. November 8, 2010 Scope of Work: Page 13 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design iv. Five (5) additional meetings (face to face or web based) throughout the course of the project. NOTE: A cost for each additional face to face and web -based meeting is provided under the budget section of this document. ASSUMPTIONS: 1. The City of Oshkosh agrees to: A. Meet with AECOM representatives, if required, and make timely decisions regarding design details, 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, make decisions on project alternatives, and generally participate in the Project to the extent necessary to allow AECOM to perform the Services, C. Provide construction inspection and construction administration. D. Provide as-build drawings or design plans for the public and private stormwater facilities as identified under Task 6 F. AECOM will analyze only those facilities with documentation provided by the City. 2. The City of Oshkosh will perform the following tasks for each of the Design Projects (Tasks 10, 11, 12, and 13) outlined above: A. Pay permit application fees to appropriate state and/or federal agencies. B. Assemble the Contract Book Sections from Consultant into a complete book. C. Print the Contract Books and Plans for bidding. D. Advertise the bid, conduct the bid opening, and recommend the award of the bid. 3. Project Deliverable Materials: A. AutoCAD files of all survey work completed. B. Copies of survey field notes. C. AutoCAD files of all design work completed for the project. D. Adobe Acrobat Portable Document Format (pdf) files of the construction plans. Separate pdf files shall be created for "full size" and "half size" plan sets. E. Microsoft Word documents of all Contract Book sections for each construction project. F. ESRI ArcGIS files created or updated for the project. G. XP SWMMTM model files. 4. Property boundary survey work (CSM) is not included in the Survey Tasks. 5. Survey Tasks assume the streets and properties will be clear of snow. 6. Tasks 10, 11, 12, and 13 assume no retaining walls will be necessary for the construction plans and specifications. 7. Wetlands will not interfere with the project footprints. Wetland delineations will be conducted by others and wetland boundaries will be provided to AECOM in an approved digital format for AECOM's design purposes. The proposed grading plans for each detention basin will avoid the delineated wetlands. 8. The soil excavated to construct the detention basins is assumed to be free of toxic sediments or hazardous materials; therefore soil sampling for toxicity and environmental remediation is not included in this scope. November 8, 2010 Scope of Work: Page 14 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design BUDGET A total budget for the scope described above is $381.320.00. Below is table showing the budget breakdown by task. Task budgets may be higher or lower than actual expenditures, however the total project budget will only be exceeded if an approved change order is received from the City. City of Oshkosh Campbell Creek Watershed Detention Basin Design Services Project Budget Task Budget SURVEY TASKS 1 Survey for Conveyance System Model $ 33,100 2 Survey for Westhaven Clubhouse Basin Design $ 13,290 3 Survey for the 9th & Washburn Basin Design $ 10,910 4 Survey for the Armory Basin Design $ 10,350 5 Survey Westhaven Park Basin Design $ 8,140 HYDROLOGIC / HYDRAULIC MODELING TASKS 6 Construct Conveyance Network H &H Model $ 12,520 7 Construct Watershed Characteristics $ 4,970 8 Execute Existing Conditions H &H Model $ 7,580 9 Execute Post - Mitigation H &H Model $ 10,720 DESIGN TASKS 10 Prepare Westhaven Clubhouse Basin Construction Documents $ 62,150 11 Westhaven Park Basin Design $ 44,560 12 Prepare 9th & Washburn Basin Construction Documents $ 76,700 13 Prepare Armory Basin Construction Documents $ 74,290 PROJECT MEETINGS 14 Meetings & PM (1) $ 12,040 Total: $ 381,320 (1) Cost for face to face meeting (assume 2 AECOM staff present) = $990.00; Cost of web - based meeting (assume 2 AECOM staff for 2 hrs. each) = $540.00 November 8, 2010 Scope of Work: Page 15 of 16 ATTACHMENT A City of Oshkosh Campbell Creek Watershed Survey, Stormwater Hydrologic / Hydraulic Modeling, and Detention Basins Design Figure 1 �Y w T . T WESTHAVEN CLUBHOUSE Sawyer Creek Storm Sewer Area (shown in pink) November 8, 2010 Scope of Work: Page 16 of 16 CONSULTING AGREEMENT AND AUTHORIZATION TO PROCEED THIS AGREEMENT between AECOM Technical Services, Inc., with offices located at 1350 Deming Way, Suite 100 Middleton, Wisconsin 53562 (hereinafter referred to as the "Consultant" or "ATS "), and the City of Oshkosh, with offices located at 215 Church Ave, Oshkosh, WI 54903 (hereinafter referred to as the "CLIENT" or "CITY "). 1. ATS agrees to perform the services described in Attachment A ( "SERVICES "). 2. CLIENT authorizes ATS to perform these SERVICES for the following project and location: Conduct survey, hydrologic and hydraulic modeling analyses and stormwater basin design services as described on the attached scope of work (Attachment A). 3. ATS is willing to perform the SERVICES in exchange for the following fee: X CLIENT will pay on a time and material basis not to exceed the sum of $ 381,320.00. ATS will invoice according to the Fee Schedule* attached to the PROPOSAL up to the stated limit. Upon reaching the limit, ATS will stop performing unless CLIENT authorizes further work in writing. * ATS reserves the right to adjust its Fee Schedule annually. 4. Billing: ATS will submit invoices to CLIENT monthly. CLIENT recognizes that timely payment is a material part of this Agreement. Each invoice is due and payable within thirty (30) calendar days of the date of the invoice. CLIENT will pay an additional charge of one and one -half percent per month not to exceed the maximum rate allowed by law for any payment received by ATS more than thirty (30) calendar days from the date of the invoice. CLIENT will pay when due that portion of invoice, if any, not in dispute. If CLIENT fails to pay any undisputed invoiced amounts within thirty (30) calendar days of the date of the invoice, ATS may suspend its performance or terminate this Agreement without incurring any liability to CLIENT and without waiving any other claim against CLIENT. 5. Special Provisions: NONE X ATTACHMENT A CLIENT confirms reading this document in full (including the terms 6 through 18 on the following page). This Agreement when executed by ATS is an offer to perform the services, open for acceptance within 30 days. This Agreement becomes effective on the date CLIENT signs below. CITY OF OSHKOOSH AECOM TECHNICAL SERVICES, By: - `� --�'t� . Zi�/ By: _ M- A. Rohloff, Ci Manager Scott Solverson. Vice President By: - Date: . //e Co( a WW1 Lynn A. Lorenson; City Attorney By: P.P419 V;2_,k3 Peggy A. Steen(); Director of Finance Date: I (f / 1 /2O /b I hereby certify that fthe necessary provisions have been made to pay the liability which will accrue under this contract Conssf.98k (Aug 13, 1998) C:1Documents and Settings\mackem \Local Settings\Temporary Internet Files\ Content .Outlook \TOR8PCZH \Campbell WS Stormwater Services Agrmnt and Notice to Proceed.doc 1