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HomeMy WebLinkAboutGremmer and Associates, Inc-Otter Ave parking lot 2011 AGREEMENT THIS AGREEMENT, made on theca of February 2011, by and between the Y rY Y CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and GREMMER AND ASSOCIATES, INC., 93 South Pioneer Road, Suite 300, Fond du Lac, WI 54935, hereinafter referred to as the CONSULTANT, WITNESSETH: That the City and the Contractor /Consultant, for the consideration hereinafter named, enter into the following agreement. The Contractor /Consultant's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Consultant shall assign the following individual to manage the project described in this contract: Thomas Lanser, P.E., President B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: Christopher Strong, P.E., Director of Transportation ARTICLE III. SCOPE OF WORK The Consultant shall provide the services described in the City's Request for Proposals and Proposal of the Consultant. If anything in the Proposal conflicts with the Request for Proposals, the provisions in the Request for Proposals shall govern. The Consultant may provide additional products and/or services if such products /services are requested in writing by the Authorized Representative of the City. All reports, drawings, specifications, computer files, field data, notes and other 1 documents and instruments prepared by the Consultant as instruments of service shall remain the property of the City. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Consultant's request, such information as is needed by the Consultant to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Consultant's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits as mutually agreed upon between the parties at the kickoff meeting. The Consultant shall perform the services under this agreement with reasonable diligence and expediency consistent with sound professional practices. The City agrees that the Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond the Consultant's control. For the purposes of this agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters, failure of performance by the City, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the Consultant to perform its services in an orderly and efficient manner, the Consultant shall be entitled to an equitable adjustment in schedule. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Consultant for the performance of the contract the total sum of $22,412.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The Consultant shall submit itemized monthly statements for services. The City shall pay the Consultant within 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. 2 ARTICLE VII. CONSULTANT TO HOLD CITY HARMLESS The Consultant covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Consultant, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE VIII. INSURANCE The Consultant agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE IX. TERMINATION A. For Cause. If the Consultant shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Consultant. In this event, the Consultant shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Consultant no later than 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. 3 In the Presence of: CONSULTANT By: .- 7(6 1 144-- li -t- t .e.A (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) - CITY OF OSHKOSH ' - I By: u, r A / �° _ .4 r ' L . Mar A. Rohloff, City Manager ( itn- s) i (--.._ , ' '') 1 ' , Ali ` 1 All k i And 0,1p - A ess) Pamela R. Ubrig, City Cl- rk APPROVED: I hereby certify that the necessary provisions fl have been made to pay the liability which will accrue under this contract. 1,41111 tom I , . IVA W ity Attorney , ���itt C S4_04-A___D Comptroller 4 - ® PURCHASING DIVISION QJHKQ/H NOTICE TO VENDORS ON THE WATER 1. NOTICE IS HEREBY GIVEN that sealed Requests for Proposals (RFP) will be received in the City Clerk's office, Room 104, City Hall, Oshkosh, Wisconsin, for: DESIGN & CONSTRUCTION MANAGEMENT SERVICES - OTTER AVENUE PARKING LOT PROJECT—JANUARY 17, 2011- 2:00 P.M., at which time all proposals will be publicly opened and read. 2. It is the bidder's sole responsibility to insure that the RFP is timely and physically received by the City Clerk's office prior to the deadline set forth in this notice. 3. All RFP's must be submitted in an envelope sealed by the bidder or designated representative. All RFP's should be addressed to the City Manager, c/o City Clerk's Office, City Hall, 215 Church Avenue, P.O. Box 1130, Oshkosh, WI 54903 -1130. On the outside of the envelope, the bidder should distinctly indicate the name and address of the bidder and in the lower left corner should clearly indicate the envelope contains a sealed RFP for: "DESIGN & CONSTRUCTION MANAGEMENT SERVICES- OTTER AVENUE PARKING LOT PROJECT" Any proposal's not complying with these instructions will not be considered submitted to the City, and shall be returned to the bidder unopened and unread. 4. Submission of RFP documents by facsimile equipment or electronic mail (email) will not be accepted. 5. This notice establishes a time by which sealed RFP's must be physically received by the City Clerk's office. No RFP's will be accepted after that deadline. Under no circumstances will RFP's be accepted and read when submitted at the place of bid opening even if presented before that deadline. 6. The City is not responsible for RFP's submitted in any other way except those submitted in strict conformance with these instructions. 7. A written request for the withdrawal of a RFP or any part thereof may be granted if the request is received by the City prior to the specified time of opening. 8. All formal RFP's submitted shall be binding for thirty -five (35) calendar days following the RFP opening date, unless the bidder(s), upon request of the Director of General Services, agrees to an extension. 9. The City reserves the right to reject any and all bids and to waive any informality in bidding. 10. For further information concerning this RFP, contact Jon Urben, Director of General Services, Room 401, City Hall, or telephone (920) 236 -5100. Mark A Rohloff PUBLISH: City Manager CITY HALL - 215 CHURCH AVENUE - P.O. BOX 1130 - OSHKOSH, WI 54903 -1130 Request for Proposals Design and Construction Management Services / Otter Avenue Parking Lot REQUEST FOR PROPOSALS DESIGN AND CONSTRUCTION MANAGEMENT SERVICES OTTER AVENUE PARKING LOT I. Introduction The City of Oshkosh, Wisconsin hereby solicits proposals for design and construction management professional services for the City's Otter Avenue Parking Lot. It is the responsibility of the Proposer to carefully read the entire Request for Proposals (hereinafter referred to as the RFP) which contains all provisions applicable to successful completion and submission of a proposal. All proposals, sealed and marked "PROPOSAL FOR DESIGN AND CONSTRUCTION MANAGEMENT SERVICES / OTTER AVENUE PARKING LOT ", must be received by City of Oshkosh, City Clerk's Office, 215 Church Avenue, PO Box 1130, Oshkosh WI 54901 by 2 :00 PM on Monday, January 17, 2011. Any proposal received after this time will not be considered. To be complete, each submission shall include four (4) sealed copies of a technical proposal, and one (1) sealed cost proposal. The City will not be liable for any costs incurred by the proposer in responding to this RFP or participating in the RFP process. Such costs are the sole responsibility of the proposer. Please read the attached Notice to Vendors for additional information on this RFP submittal. II. Background and Purpose The City of Oshkosh owns a public parking lot located on the northwest corner of the intersection of Otter Avenue and State Street. The parking lot generally serves commercial uses located on Main Street. It is served by three driveways, two located on State Street and one located on Otter Avenue. The Otter Avenue lot contains 33 parking stalls and covers slightly less than 18,000 square feet. It was most recently reconstructed in 1971. According to an analysis done by Jewell Associates Engineers for the City, the lot has a PASER rating of 2, and is experiencing a variety of problems, including surface drainage, sub -base failure, cracking and potholes. The Oshkosh Common Council approved design and reconstruction of this lot as a part of the City's 2011 Capital Improvement Program. The purpose of this request for proposals is to attract and hire a consulting firm with a local office to provide design and construction management- related services for the construction this new parking lot. The design- related services shall include: existing topographic survey, preparation of construction drawings and specifications, administering the construction bidding City of Oshkosh Department of Transportation December 20, 2010 — Page 1 Request for Proposals Design and Construction Management Services / Otter Avenue Parking Lot process, and providing a recommendation on selection of a Contractor for construction. The construction management - related services shall include construction staking, onsite construction observation, preparation of record drawings, review of Contractor pay requests, and prepare recommendation of payment requests to the City. III. Proposal and Project Schedule The following time frame is presented to help the consultant determine the level of effort required to carry out this proposal. Milestone Date Request for Proposals issued December 20, 2010 Deadline to Receive Questions from Proposers January 3, 2011 Posting of Answers to Proposers' Questions January 10, 2011 Proposals Due - January 17, 2011 Consultant Selection January 18, 2011 Initial Site Plan _ March 1, 2011 Draft Design April 4, 2011 Final Design / Completion of Bid Documents April 25, 2011 Bid Opening May 17, 2011 Award of Construction Contract May 24, 2011 Parking Lot Open July 31, 2011 IV. Scope of Services The proposer shall address these elements in developing its proposed scope of work. Tasks Project Management The consultant shall keep the City appraised of project progress through the course of the project. The consultant shall inform the City as early as possible regarding items needing City input. Environmental Site Assessment The consultant shall conduct a general environmental reconnaissance and records review for the parking lot parcel, Otter Avenue and State Street for the length of their common border with the parking lot parcel, and parcels adjacent to the parking lot on the north and west. The environmental historical review will utilize several information sources: • Historic Sanborn Fire Insurance maps of the area • Available environmental database information • Historical Aerial Photographs of the area • WDNR file information • Site reconnaissance information that includes site photographs and field observations City of Oshkosh Department of Transportation December 20, 2010 - Page 2 Request for Proposals Design and Construction Management Services / Otter Avenue Parking Lot • Three (3) soil borings on the parking lot parcel Results of the review will be provided in a letter report which will provide a summary of potential environmental issues and if necessary, recommendations for further environmental assessment. Engineering Survey and Design The consultant shall design the parking lot based on input from City staff. The consultant shall conduct an engineering survey as a part of their design work. The consultant shall work with the City through the design process to ensure that City design, planning and zoning requirements are adequately incorporated. Based on the City's preliminary review, the consultant shall consider the following (at a minimum) in preparing its design: • Maximization of the number of parking spaces while ensuring compliance with ADA access requirements • Increasing green space in the lot • Collection and conveyance of storm water • Incorporation of a bike rack and future parking pay station installation • Adequacy of vision triangles at driveways and corners • Working with Wisconsin Public Service to accommodate undergrounding of some electric service in this area The consultant will be expected to provide up to three designs: an initial site plan; a draft design; and a final design. Preparation of Bid Documents Upon review and acceptance of the design by the City, the consultant shall prepare bid documents for contractors to construct the project. Stakeholder Outreach The consultant shall work with the City to communicate with affected property owners regarding the progress of the construction project, and related impacts. This will include a minimum of two meetings with interested stakeholders. The first meeting will provide stakeholders an opportunity to review either the initial site plan or the draft design. The second meeting will provide stakeholders with an overview of the construction schedule, to address any concerns. The consultant shall support City efforts to mitigate the impacts of construction. Construction Management and Observation The consultant shall coordinate with various related activities (see "Related Work ") to ensure that the project is complete in a minimum amount of time with minimal inconvenience for adjacent property owners. The consultant shall provide direct field management and inspection of the construction project, ensuring that all contractors comply with design requirements. City of Oshkosh Department of Transportation December 20, 2010 — Page 3 Request for Proposals Design and Construction Management Services / Otter Avenue Parking Lot Sign -Off The consultant shall supervise the project through to completion of construction activities. The project will be considered complete when approved by appropriate City staff. Related Work The City has identified the following areas of related work. These are identified to help proposing firms determine the level of effort and skill sets required for various tasks. 1. Pavement Assessment. Jewell Associates Engineers conducted an assessment of the condition of this lot in July 2010. Their findings are included as an attachment to this document. 2. Lighting Plan (City of Oshkosh Electrical Division). The City will be responsible for developing a lighting layout plan for the parking lot. The City will be responsible for selection and installation of lighting fixtures in the parking Iot, as well as determining the conduit and cabling requirements. The lighting fixtures and /or poles may be included in the bid documents if it is in the City's advantage to do so. The consultant will coordinate the design with the Electric Division to facilitate the placement of lighting fixtures. 3. Parking Fee Collection (City of Oshkosh Department of Transportation). The City will be responsible for selection and procurement of equipment to collect money from people parking in the lot. City staff will work with vendors of this technology to identify electrical and communications requirements for future parking payment terminals. City staff will ensure that these requirements are incorporated into the overall electrical design for the parking lot. Available Resources to the Consultant Digital and cadastral information available. Deliverables During the course of the project, the consultant shall provide the City with the following deliverables: • Up to ten (10) print plan sets to facilitate review of the draft design • Up to ten (10) final design plan sets • 1 digital copy of the final design plan set in its original software format • 1 high resolution PDF copy of the final design plan set for reproduction purposes • 1 high resolution PDF copy of the record drawings. V. Elements of Proposal Each proposal shall consist of two submissions: a technical proposal, and a cost proposal. Each part of the proposal shall include the following 1. Proposal number and name 2. Company name, address, telephone and fax numbers City of Oshkosh Department of Transportation December 20, 2010 — Page 4 Request for Proposals Design and Construction Management Services / Otter Avenue Parking Lot 3. Name, address, telephone number and e-mail address of company contact for this RFP The technical proposal shall include the following: 1. General qualifications of your firm 2. A statement of your understanding of the project 3. A statement of your work plan 4. The anticipated time schedule for completing this project, indicating when tasks are expected to be done, and key milestones for receiving input or approval from the City or others 5. Identification of project team members and their roles in this project, with resumes of key personnel (no more than 2 pages per person) 6. At least three (3) examples of previous experience with similar projects, including contacts for each of the projects. Project experience should emphasize public- sector projects in urban environments. The same contact person may be used as a reference for more than one project. The body of the technical proposal (i.e. material excluding resumes) shall not exceed 10 pages. The cost proposal shall including the following: 1. Anticipated cost of services and estimated hours. Costs shall include all items of labor, material, tools, equipment, and other costs necessary to fully provide the services outlined in this RFP. This item should be stated as a cost not to be exceeded including expenses to be billed at cost, and reference an attached fee schedule for hourly or other unit rates of cost. 2. State date beyond which the terms of the proposal will need to be renegotiated. VI. Evaluation of Proposals The City of Oshkosh will consider the following when evaluating RFP responses: 1. Proposed approach to the project (including the proposed scope of work and work schedule). 2. Qualifications of the firm for undertaking this project 3. Qualifications, experience and availability of the firm's key personnel and the personnel who will be working directly on the project. 4. Ability to meet the City's budget and schedule requirements. VII. Consultant Selection and Agreement The City will notify all proposers upon completion of the evaluation process. The City will begin negotiating with the consultant whose proposal scored the best in the evaluation process. The scope of services defined in this RFP, the cost schedule supplied by the consultant, along with any subsequent scope addenda/amendments, will become the scope of the work for the consultant. Upon signature by designated City officials, the agreement will become binding, and the consultant may begin to execute its scope of work. City of Oshkosh Department of Transportation December 20, 2010 — Page 5 Request for Proposals Design and Construction Management Services / Otter Avenue Parking Lot VIII. Protest Procedure Protest - Any interested party who wishes to protest the award of a contract bid must submit a detailed statement in writing of the grounds for protest and any supporting documentation to the Director of General Services within five working days following the decision notice of award. The interested party must, however, be an actual or prospective bidder whose direct economic interest would be affected by the award, or failure to award the contract bid. Award of contract will be suspended temporarily unless this action will cause undue harm to the City of Oshkosh. The protest will be forwarded to the City Manager and City Attorney for further review and award of contract based on that review. Minor errors in bid procedures shall not be grounds for delaying or prohibiting Common Council approval of a purchase. Minor errors include but are not limited to errors in bid amounts of $1,000 or less, errors in bid openings, errors in advertising, errors in specifications or errors in a bidder's completion of bid documents. IX. Addenda / Questions Questions about the technical matters for this project should be directed to: Christopher Strong, P.E., Director of Transportation, City of Oshkosh, 926 Dempsey Trail, Oshkosh, WI 59402, e- mail address: cstrong @ci.oshkosh.wi.us. Questions about the RFP and the Proposal Process should be directed to: Jon Urben, Director of General Services, City of Oshkosh, PO Box 1130, Oshkosh, WI 59403 -1130, e-mail address: jurben@ci.oshkosh.wi.us. All requests for technical interpretations or corrections of this RFP must be received by either the Transportation Director or the General Services Director by January 3, 2011. Only interpretations or corrections of the RFP made in writing by the Transportation Director or the General Services Director are binding. All written questions received from consultants as part of this RFP will be responded to in the form of written addenda and sent to all consultants that provided email addresses. Proposers interested in receiving proposal addenda based on these interpretations or corrections shall provide an e -mail address to the Director of General Services by no later than January 10, 2011. X. Insurance Requirements Consultants must provide proof of insurance coverage per attached City of Oshkosh Insurance Requirements as part of the RFP submittal. City of Oshkosh Department of Transportation December 20, 2010 — Page 6 CITY OF OSHKOSH INSURANCE REQUIREMENTS PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service /job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 products — completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products /Completed Operations (6) The general aggregate must apply separately to this project /location 3. BUSINESS AUTOMOBILE COVERAGE A. $500,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol #1 - "Any Auto" — including Owned, Non -Owned and Hired Automobile Liability. 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY — If required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease — Each Employee 5. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional insureds on the General Liability and Business Automobile Liability coverage arising out of project work... "City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. This does not apply to Professional Liability, Workers Compensation and Employers Liability". C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to City Clerk — City of Oshkosh. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk — City of Oshkosh. ENGINEERING PROPOSAL Otter Street Parking Lot Project NW Corner of Otter St. and State St. Prepared for: .,, ,,„ OJHKOJH ON THE WATER City of Oshkosh i ' January 21, 2011 Prepared by: GEi iJiiJE ?. & ASSOCIATES, INC. CONSULTING ENGINEER5 93 South Pioneer Road, Suite 300 Fond du Lac, Wisconsin 54935 (920) 924 -5720 93 5. Pioneer Road + f r J r" / (11 I r I "' r J Suite 300 V + + J �� �. Fo nd du Lac, WI 54935 & ASSOCIATES, INC. Phone (920) 924 -5720 CONSULTING ENGINEERS Fax(920)924 -5725 January 21, 2011 City of Oshkosh PO Box 1130 Oshkosh, WI 54903 -1130 Attention: Mr. Jon Urben Director of General Services Subject: Proposal for Engineering Services Otter Avenue Parking Lot Project Dear Mr. Urben: Thank you for the opportunity to propose on the Otter Avenue Parking Lot Project in the City of Oshkosh. We have a history of providing quality engineering services to the City of Oshkosh Engineering Department on past projects, and look forward to continuing to provide the quality, efficient, and personal service that you can expect when working with Gremmer & Associates on this project. Gremmer & Associates specializes in municipal, transportation, site, and storm water management design and construction management for both private and municipal clients. Beyond our technical expertise, we feel what sets us apart from our competitors is the excellent service we provide to our clients. Our staff is easily accessible for meetings and always willing to listen to the client. Our goal is to do whatever it takes to get the project done right and keep the client satisfied. Please talk with Dave Patek, Steve Ghode, or Pete Gulbronson for a firsthand account of our track record on previous projects within the City of Oshkosh. We have prepared the following proposal according to your RFP outline. We have determined a scope of services and have chosen a team of experienced staff members to provide the most appropriate and cost effective design for the project. Thank you again for this opportunity to propose on the Otter Avenue Parking Lot Project. If you have any questions, please contact me at (920) 924 -5720 or t .lanser @gremmerassociates.corn. Sincerely, Thomas Lanser, PE President Gremmer & Associates, Inc. Fond d u Lac, Wi T_ _ _ — _ - - - -_ Stevens Point, WI O ABOUT GREMMER & ASSOCIATES, INC. OJHKOJH OH THE WATER HISTORY Gremmer & Associates was founded in 1977 by Tim Gremmer, the former Stevens Point City Engineer. Initially, we provided land surveying, recreational and site development services. As the firm grew we expanded into the design and construction inspection of urban and rural roadways, bridges, sanitary sewer and watermain, and storm water management. In 1995 we added a Fond du Lac office to expand our services to clients in southeast Wisconsin. A multi -party ownership was created in 2001, which ensured continued success from the vested interest of the partners. Currently we have a total staff of 37, including 13 Professional Engineers and 3 Registered Land Surveyors. About 95 percent of our clients are governmental, and include the Wisconsin Department of Transportation (WisDOT), and many counties and local municipalities throughout Wisconsin. PHILOSOPHY OF SERVICE When developing a improvement plan, we feel that the primary responsibility of the Consultant is to act as a partner with the City on design issues, schedule, budget, etc., to determine which alternative is in the best interest of the community, yet satisfies the long -term transportation needs. The services of Gremmer & Associates, Inc. are extremely client driven. Our company philosophy is based on two core principles; provide a quality product and provide excellent service to the client. These principles are achieved by doing the following: • Concentrate on a few engineering disciplines. We are not a large firm and do not try to do all things. We have high technical expertise in specialized areas while understanding the relationships between different engineering specialties. Gremmer & Associates concentrates on transportation and municipal engineering, and site /development design, including stormwater management. We consider ourselves leaders in these areas. Our experience in both municipal and private development projects will prove to be an asset for this project. We will draw on our past experiences designing similar parking lot projects and apply them to your Otter Avenue Parking Lot Project to come up with the most appropriate design for the project. • Be accessible and easy to work with. Timely and open discussions allow client input and keep the project on schedule. As a smaller firm we do not have to work through a confusing bureaucracy. Oshkosh will be dealing with the owners of Gremmer & Associates. As owners we understand the importance of a strong client relationship and will do what it takes to deliver a successful project. PROJECT APPROACH O.fHKOJH ON THE WATER The scope of work is generally described as a preliminary and final design, bidding and construction management of an existing parking lot located at the northwest corner of Otter Avenue and State Street in the City of Oshkosh. The general scope of work and anticipated project schedule is as follows (based on an assumed notice to proceed of February 11, 2011). 1. Survey and Base Map (February 14 thru February 18) a. Topographic survey to determine existing grades, parking lot geometry, building locations, existing utility locations, landscape /tree lines, and general topography necessary to create an existing base map of the project site. The scope of this proposal assumes survey limits to extend approximately 25 feet beyond the property limits. 2. Initial Site Design and Draft Design (February 21 thru March 25) a. Meet with City staff to discuss and prioritize design objectives (i.e. what has higher priority, maximizing the number of parking spaces or increasing green space ?) b. Conduct Environmental Site Assessment and Phase II Assessment (sublet to PEP Environmental Services, LLC) i. Review all available site background information provided by the client ii. Conduct a regulatory background review including but not limited to: 1. Federal (US EPA) and State (WDNR and WDCOM) environmental databases. 2. Historic Fire Insurance maps of the area 3. Historic aerial photographs of the area iii. Review the above sources to evaluate past land use and records of environmental contamination issues. iv. Conduct a past -land use investigation including personal and telephone interviews with the current owner and /or occupant of the site and past owner /occupants of the site, when available. v. Conduct a site reconnaissance survey to include the following: 1. A drive through of the site to identify industrial facilities and obvious potential sources of contamination within and adjacent to the site. 2. An inspection of the site and surrounding areas for evidence of spills or leaks, such as discolored soils, barren ground, stressed vegetation, and unusual odors, and for indications of the presence of UST's such as vents or fill pipes. vi. Observe and document the completion of three soil borings on the parking lot. Soils will be sampled continuously using a 4' long steel sampler. Borings will be completed to an approximate depth of 12', groundwater, or bedrock. Soils will be described according to the United Soil Classification System. Borings will be backfilled to the surface with bentonite and surface patched as necessary. vii. Field screen soil samples from borings for VOC's with a photoionization detector (PIO) using the headspace method. Physical parameters, such as blow counts and pocket penetrometer measurements will be collected. viii. Collect and analyze one soil sample from each boring. Each boring will be analyzed for GROs, petroleum VOCs + naphthalene, and lead. If groundwater 1 is encountered, one water sample will be analyzed for petroleum VOCs + naphthalene. ix. Evaluate and interpret all field and laboratory results. c. Provide conceptual level drawings for the revised parking lot configuration for City ( review /comment. Check for adequacy of vision triangles at driveways and corners and ensure compliance with ADA access requirements. d. Meet again with City staff to review conceptual level drawings and hone in on a preferred alternative. e. First meeting with project stakeholders to discuss preferred alternative and to obtain stakeholder input. f. Work with City Electrical Division and Department of Transportation concerning lighting and parking fee collection equipment and location. g. Revise design as needed and provide draft design for City review /comment. h. Submit draft design to Wisconsin Public Service (WPS) and begin utility coordination for the project. 3. Final Design and preparation of bid documents (March 28 thru April 25) a. Finalize parking lot design and specifications. b. Work with City Electrical Division and Department of Transportation concerning final lighting and parking fee collection equipment and location, and specifications. c. Finalize utility coordination with WPS. d. Second meeting with project stakeholders to discuss final alternative and construction schedule. e. Specifications and bid documents. 4. Construction Observation. (May 17 thru July 31) a. Attend preconstruction meeting. b. Provide construction staking for key items. c. Maintain a daily diary recording daily work and observations. d. Take photos to document progress and /or problems during construction. e. Observe workmanship & methods during concrete and asphalt placement. f. Report errors to the contractor during construction for correction. g. Address unforeseen field conditions that pose a conflict with plan. h. Answer questions regarding plan interpretation /clarification that the contractor may have. i. Verify storm sewer /drainage conditions as completed are according to plan. j. Observe end product for conformance to plan and generate a punch list for contractor. k. Provide record drawings upon completion of the project. Note: Construction observation is highly dependent upon the selected contractor, his schedule of operations, and the level of part time observation required by the City of Oshkosh. Because of this, our proposal is based on the following timeframes. Additional effort beyond these timeframes shall be considered extra services. i. Preconstruction time limited to 6 hours for inspector and 2 hours for supervisor. ii. Construction staking limited to up to 2 — eight hour staking trips. iii. Construction observation limited to up to 32 hours of part -time, on -site inspection (estimated at 8 — four hour trips to the site). iv. Post - construction time limited to 10 hours for inspector and 2 hours for supervisor. 2 PROJECT TEAM OJHKOJH OH THE WATER Gremmer & Associates, Inc. has determined the key personnel that will be assigned to complete the necessary design and inspection of the Otter Avenue Parking Lot Project. The following individuals have many years of experience on projects of similar size and scope, and have worked with the City of Oshkosh engineering staff on previous projects. A detailed resume with relevant experience for each member is included at the end of this section. Project Manager: Thomas Lanser, P.E. Toni is a Project Manager and President of Gremmer & Associates, Inc. He manages the Fond du Lac office, and has 20 years of experience designing and managing transportation, municipal and private development projects. Tom was the Project Manager for both the Washburn Street project in 2006 and the local road network south of Lake Butte des Morts as part of the larger USH 41 expansion project in 2010. Tom will be responsible for managing the project, client contact, stakeholder involvement, and supervising Gremmer & Associate's staff. Project Engineer: Jeff Chvosta, P.E. Jeff is a Project Engineer with 7 years experience in designing transportation, municipal and private development projects. He was the design engineer for the Jackson Park parking lot and access road reconstruction project and the South Center Street municipal parking lot study. He was also the project engineer for the watermain and sanitary sewer relocation project for the City of Oshkosh utility relocation in advance of the USH 41 project. Jeff will be responsible for the parking lot layout and design, utility coordination, and preparation of the specifications and bid documents for the project. Drainage and Stormwater Engineer: Andy Klemp, P.E. Andy is a Water Resources Engineer with 12 years experience in drainage, storm sewer, stormwater management, and erosion control design for municipally, transportation, and private development projects. Andy is the lead drainage engineer for all site development projects, and was also the lead drainage and stormwater engineer for the USH 41 expansion project in Winnebago County. Andy will be responsible for the drainage and erosion control design for the project. Construction Engineers: Jeff Spaeth, PE and Brian Rogers, VT Jeff is a design and construction engineer with 8 years experience in inspecting both urban and rural improvement projects. Brian is a design and construction engineer with 2 years experience in inspecting both urban and rural improvement projects. Jeff and Brian's most recent inspection experience includes the Jackson /Murdock (USH 45) roundabout in Oshkosh. Brian lives just 5 miles south of Oshkosh and will oversee the day to day construction inspection for the project. Jeff will serve as Brian's immediate supervisor. Both Jeff and Brian are available between May 24 and July 31. The following subconsultants are proposed for the project team: PEP Environmental Services, LLC 7147 Cedar Sauk Road Saukville, WI 53080 Project responsibilities. Environmental Site Assessment and Phase 11 Assessment SIMILAR PROJECTS rD OfHKOdH ON THE WATER %• <, y , , Jackson Park Site Improvements T : Village o f Jackson Washington County '^ "' Y^ v -. • Local Contact: Brian Kober, Village of Jackson Director of Public Works Project Manager: Tom Lanser, PE General Scope: Construction of Jackson Park site, centering on three parking Tots. Parking lots were designed to hold 74, 32, and 24 spaces on new pavement and curb & gutter and were surrounded with new landscaping. The high - profile Village of Jackson Park was completely renovated and upgraded with the addition of the new parking Tots, access roads, and landscaping. Central to the project was providing positive surface drainage on the parking Tots while minimizing the need for underground stormwater management systems. This project was constructed in 2001. Fond du Lac YMCA Addition & Renovation City of Fond du Lac, Fond du Lac County . • • T Local Contact: Greg Giles, Executive Director Fond du Lac YMCA Project Manager: Tom Lanser, PE Project Engineer: Andy Klemp, PE General Scope: Expansion /rehabilitation of the existing YMCA site in Fond du Lac. Gremmer & Associates provided grading /drainage /erosion control plans for the creation of a 241 -space parking lot. The project design incorporated stormwater management features, construction erosion control, grading for paved and turf surfaces, and connections with municipal storm sewer. This project was constructed in 2010. Fond du Lac Visitors Bureau City of Fond du Lac, Fond du Lac County li ?Q ' dawil Local Contact: Rick Goding, City of Fond du Lac Project Manager: Tom Lanser, PE Project Engineer: Andy Klemp, PE General Scope: Gremmer & Associates created a site plan for the new Fond du Lac Visitors Bureau, including a 44 -space parking lot, which incorporated pavement surface drainage and new swale drainage for the site. New curb and gutter surrounded the parking lot; utilizing concrete surface drains to empty the new curb and gutter into the new drainage Swale on site. This project was constructed in 2002. SIMILAR PROJECTS 41i) O.IHKOIH ON THE WATER Fond du Lac MPTC Motorcycle Training Lot City of Fond du Lac, Fond du Lac County -- Local Contact: Tim Flood, Associate Director — Facilities, FDL MPTC • - •:::~ ° "" Project Manager: Tom Lanser, PE Project Engineer: Andy Klemp, PE General Scope: Addition of a new parking lot adjacent to Campus Drive on the Fond du Lac Moraine Park Technical College campus. The project focused on providing a large lot suitable for MPTC's motorcycle training program, and minimizing the area of disturbance needed for the lot. Gremmer provided grading plan, which included a new outlet structure for a dry pond, drainage swale around the new training lot, and pavement grades for the new lot. In addition to preliminary planning, as -built drainage conditions were determined, recorded, and submitted to the City of Fond du Lac, per their stormwater requirements. This project was constructed in 2005. Green Valley Reconstruction Village of Jackson, Washington County Local Contact: Brian Kober, Village of Jackson Director of Public Works Project Manager: Tom Lanser, PE Project Engineer: Jeff Chvosta, PE General Scope: Reconstruction of existing, failing roadway and associated parking Tots in Green Valley mobile home park located in Jackson, WI. Four parking Tots with capacity for 39, 26, 14, and 8 vehicles were reconstructed /reconfigured. Design made use of a custom, v- shaped curb to collect pavement runoff and transfer it to appropriate ditches and swales as well as angled parking stalls to efficiently hold the maximum number of vehicles. Gremmer also observed all construction and provided field locations for pavement marking and recorded as -built data for submittal to the Village of Jackson. This project was constructed in 2008. Schmitt Commercial Park .7_ City of Fond du Lac, Fond du Lac County • Local Contact: Guy Schmitt, Schmitt Building & Development i Project Manager: Tom Lanser, PE Project Engineer: Jeff Chvosta, PE General Scope: Design and site plan for 34 space parking lot and adjoining commercial building pads. Comprehensive site plan focused on drainage conditions for both the parking lot and surrounding green space. This project was designed in 2007. orb REFERENCES OJHKOJH OH THE WATER Mr. Bob Dreblow Mr. Rick Goding Highway Commissioner City Engineer Ozaukee County Highway Dept. City of Fond du Lac 410 South Spring Street 160 South Macy Street Port Washington, WI 53074 Fond du Lac, WI 54936 (262) 284 -8331 (920) 929 -3338 Mr. Rob Vanden Noven Mr. Tom Janke City Engineer Highway Commissioner City of Port Washington Fond du Lac County Highway Department 100 West Grand Avenue 301 Dixie Street Port Washington, WI 53074 Fond du Lac, WI 54936 (262) 268 -4267 (920) 929 -3488 Mr. Jon Edgren Mr. Brian Kober Highway Commissioner Director of Public Works Washington County Highway Dept. Village of Jackson 900 Lang Street N168 W20733 Main Street West Bend, WI 53090 Jackson, WI 53037 (262) 335 -4437 (262) 677 -9001 Mr. Travis Drake Mr. Pete Thompson City Engineer Assistant Highway Commissioner City of Ripon Dodge County Highway Dept. 570 Aspen Street 211 E. Center Street Ripon, WI 54971 Juneau, WI 53039 (920) 748 -4908 (920) 386 -3650 C COST PROPOSAL - OTTER AVENUE PARKING LOT PROJECT OJHKOJH OH THE WATER PROPOSAL NAME Design and Construction Management Services — Otter Avenue Parking Lot Project CONSULTANT Gremmer & Associates, Inc. 93 South Pioneer Road, Suite 300 Fond du Lac, WI 54935 Project Contact: Tom Lanser Phone: 920 - 924 -5720 Fax: 920- 924 -5725 Email: t.Ianser @gremmerassociates.com SCOPE OF WORK in accordance with the scope of work outlined in the "Project Approach" section of the Technical Proposal. COMPENSATION ENGINEER'S "not -to- exceed" fee, including reimbursables, for the work as outlined in the Scope of Work section of this document is $22,412. A breakdown of estimated costs per task is shown in Exhibit A. The ENGINEER shall prepare monthly invoices based on actual services performed during the billing cycle according to the attached Professional Services Fee Schedule, dated February 1, 2011, labeled Exhibit B. Invoices shall be paid by the City of Oshkosh within 30 days of receipt of said invoice. Additional services, at the request of the City of Oshkosh, will be billed according to the attached Professional Services Fee Schedule, dated February 1, 2011, labeled Exhibit B. GENERAL TERMS AND CONDITIONS CONSULTANT services will be performed in accordance with the attached General Terms and Conditions, dated February 1, 2011, labeled Exhibit C. CHANGE OF SCOPE If the execution of this proposal is delayed past February 18, 2011 by factors beyond the control of Gremmer & Associates, Inc., or if the Scope of Services is changed, the timing and compensation of this proposal shall be renegotiated. OUT OF SCOPE WORK / ADDITIONAL SERVICES 1. Legal /boundary survey, or development of descriptions for proposed easements. A2. Plan reproduction and bidding services (to be handled by City of Oshkosh). 3. WDNR, WDCOMM or Army Corps of Engineers coordination. 4. Storm water management or infiltration calculations /design. 5. Attendance at the City of Oshkosh governmental meetings. 4. Lighting, Irrigation, and Landscaping plans. 5. Retaining wall design, if necessary. 6. Payment of any governmental review /permit fees. EXHIBIT A ESTIMATED COS+ PER TASK - ,- - - - OTTER AVENUE PARKING LOT DESIGN AND CONSTRUCTION OBSERVAT)ON _ , - r I1Y OP OSHKOSH -. - - PROJECT PROJECT - ONE MAN TASK MANAGER ENGINEER ENGINEER 11 RLS SURVEY CREW TECH CiERICAL HOURS TOTALS SURVEY AND INITIAL SITE DESIGN _ FIELD SURVEY _ 10 8 DATA REDUCTIONBASE MAPPING 6, _ 24 UTILITY COORDINATION - • UTIlR1ES 2 ., ; _. . 2 2 MEETINGS & CONFERENCES STAKEHOLDER MEETINGS (2) 2 6 - - CRY COORDINATION 2 6 .s 16 PRELIMINARY DESIGN CONCEPTUAL LEVEL ALTERNATIVES 2 8 10 DRAFT DESIGN {PREFERRED ALT) 2 4 12 8 25 STORMSEWER 4 _ 4 40 FINAL DESIGN - FINAL DESIGN AND PLANS - 8 6 - - - 8 24 SPECIFICATIONS AND BID DOCUMENTS 8 , 6 4 - .: - '. 18 40 CONSTRUCTION OBSERVATION PRECONSTRUCT1ON 2 6 STAKING (2 TRIPS) 20 16 CONSTRUCTION 4 32 POST CONSTRUCTION 2 10 S8 _ `12 - 42 TOTAL HOURS 8 46 80 36 0 40 4 214 214 RATE/HOUR 6110.00 595.00 572.00 582.00 6120.00 556.00 54 - • LABOR AMOUNT - - 5880 54,370 55.760 - $2,952 SO - 32,240 5180 $ : - 18,382.00 REIMBURSIBLES REIMBURSABLES $ 280.00 MILEAGE $200 EXHIBITS AND PRINTING 650 SUBCONSULTANT(A) $ 5,750.00 POSTAGE AND SHIPPING X30 $280 SUBCONSULTANT (A) PEP ENVIRONMENTAL, LLC FOR ESA AND PHASE 11 ASSESSMENT CONTRACT AMOUNTINOT•TO- EXCEED) 5 22,412.00 FILE:OTTER AVENUE PARKING LOT_ESTIMATEO HOURS BY TASK 2011 -01.20 Exhibit B GREMMER & ASSOCIATES, INC. PROFESSIONAL SERVICES FEE SCHEDULE February 1, 2011 to April 30, 2012 Project Manager $110.00/hour Project Engineer $95.00/hour Senior Designer / Civil Engineer N $85.00/hour Registered Land Surveyor / Survey Crew Chief $82.00/hour One -man Survey Crew with GPS $120.00/hour Civil Engineer III $77.00/hour Civil Engineer II / Engineering Specialist III $72,00/hour Civil Engineer I / Engineering Specialist II $66.00/hour Engineering Specialist I / Civil Engineering Technician III ' $60.00/hour Civil Engineering Technician II $56.00/hour Civil Engineering Technician I $50.00/hour Office Services $45.00/hour Mileage Current IRS rate Meals, lodging, air travel, telephone, supplies, postage At Cost Printing Services Photocopies $0.10 /impression Large Format Plots (black & white) $1.00 /S.F, Large Format Plots (color) $2.00/S.F. Mylar $2.00/S.F. Printing Services (Outside Service) At Cost Photographs $0.79 /each Slides $0.89 /each Expert Witness $200.00/hour or $1,000 /day plus expenses Note: Office Services, Civil Engineering Technician, and Engineering Specialist I arc paid time and one -half their actual wage for overtime. The respective billed rate will be approximately 17% higher than the published rate to account for the overtime rate. Exhibit C GREMMER & ASSOCIATES, INC. GENERAL TERMS AND CONDITIONS February 1, 2011 to April 30, 2012 l . This agreement, upon execution by both parties hereto, can be amended only by written instrument signed by both parties. As the project progresses, facts uncovered may reveal a change in direction, which may alter the scope. Gremmer & Associates will promptly inform the Owner in writing of such situations so that changes in this agreement can be negotiated as required. 2. Costs and schedule commitments shall be subject to renegotiation for delays caused by the Owner's failure to provide specified facilities or information, or for delays caused by unpredictable occurrences, including without limitation, fires, floods, riots, strikes, unavailability of labor or materials, delays or defaults by suppliers of materials or services, shutdowns, acts of God or the public enemy, or acts or regulations of any governmental agency. Temporary delay of services caused by any of the above, which results in additional costs beyond those outlined, may require renegotiation of this agreement. 3. Gremmer & Associates will maintain insurance coverage in the following amounts: Worker's Compensation Statutory General Liability General Aggregate $2,000,000 Operations / Injury $1,000,000 Automobile Liability Liability / Injury $1,000,000 Property Damage Value or Repair Professional Liability Insurance $1,000,000 Umbrella Liability Insurance $2,000,000 4. Termination of the agreement by the Owner or Gremmer & Associates shall be effective upon seven (7) days written notice to the other party. The written notice shall include the reasons and details for termination. Gremmer & Associates will prepare a final invoice showing all charges incurred through the date of termination. 5. Gremmer & Associates intends to serve as the Owner's professional representative for those services as defined in this agreement and to provide advice and consultation to the Owner as a professional. Any opinions of probable project costs, approvals, and other decisions made by Gremmer & Associates for the owner are rendered on the basis of experience and qualifications and represent our professional judgment. 6. This agreement shall not be construed as giving Gremmer & Associates the responsibility or authority to direct or supervise construction means, methods, techniques, sequence, or procedures of construction selected by contractor or subcontractors, or the safety precautions and programs incident to the work of the contractors or subcontractors. 1 of 1 PEP Environmental Services, LLC ENVIRONMENTAL SITE ASSESSMENT AND PHASE I1 ASSESSMENT PROPOSAL CLIENT: Gremmer & Associates, Inc. ATTENTION: Thomas L. Lanser, P.E. PHONE: 920- 924 -5720 FAX: 920 -924 -5725 EMAIL: t.lanser@gremmerassociates.com. CLIENT ADDRESS: 93 South Pioneer Road, Suite 300, Fond du Lac, WI 54935 SITE LOCATION: Otter Avenue Parking Lot SITE LOCATION: NW Comer of Otter Avenue 8, State Street, Oshkosh, Winnebago County, WI 54901 DATE: January 18, 2011 OBJECTIVE PEP Environmental Services, LLC, will conduct a limited Environmental Site Assessment (ESA) of the 18,000 square foot parking lot at the northwest comer of Otter Avenue and State Street. The site has been a City of Oshkosh parking lot for at least the last 40 years. We will determine the past use of the parking lot and evaluate the site for potential environmental liabilities. We will also complete a Phase II ESA on the parking lot. The Phase II ESA will include three soil borings on the site and we will collect soil and groundwater samples for common environmental contaminants. SCOPE OF SERVICE$ PEP Environmental Services, LLC, will provide the following services for the ESA: • Review all available site background information provided by the client. • Conduct a regulatory background review including, but not limited to, a search of the following: • Federal (US EPA) and State (WDNR & WDCOM) environmental databases. • Historic Fire Insurance maps of the area • Historic aerial photographs of the area • We will review the above sources to evaluate past land use and records of environmental contamination issues. PEP Environmental Services, LLC 7147 Cedar Sauk Road, Saukville, WI 53080 -2452 Phone: 414 -801 -1730 Fax: 262.675 -2062 Email: pepenviro @core.com Page Two • Conduct a past -land -use investigation including personal and telephone interviews with the current owner and /or occupant of the site and past ownerloccupants of the site, when available. • Conduct a site reconnaissance survey to include the following: • A drive - through of the site to identify industrial facilities and obvious 'potential sources of contamination within and adjacent to the site. • An inspection of the site and surrounding areas for evidence of spills or leaks, such as discolored soils, barren ground, stressed vegetation, and unusual odors, and for indications of the presenceof USTs, such as vents or fill pipes. PEP Environmental Services, LLC, will provide the following services for the Phase R ESA: • Contact appropriate authorities to obtain proper permits and to coordinate the locating and marking of underground utilities and conduits, The City of Oshkosh is responsible for marking any internal electric lines on the lot. • Observe and document the completion of three (3) sail borings on the parking lot. The exact locations of the borings will be selected based on current site conditions and access to the desired sampling locations. Soils will be sampled continuously using a 4-foot long steel sampler. Borings will be completed to approximately 12 feet, groundwater, or bedrock. Soils will be described according to the Unified Soil Classification System. Borings will be backfilled to the surface with bentonite and surface patched as necessary. • Field screen soil samples from borings for volatile organic compounds (VOCs) with a photolonization detector (P10) using the headspace method. Physical parameters, such as blow counts and pocket penetrometer measurements wilt be collected. We assume the majority of soil cuttings will be returned to the borehole and mixed with bentonite. Excess soil cutting will be stockpiled on -site and disposed of when the parking lot is reconstructed. • Collect and analyze one soil samples from each boring. Each sample will be analyzed for GROs, petroleum VOCs + naphthalene, and lead. If we encounter groundwater, we will analyze one water samples for petroleum VOCs + naphthalene, • Evaluate and interpret all field and laboratory results. DOCUMENTATION PEP Environmental Services, LLC, MI provide the client with a report that will document the findings of the ESA and Phase II ESA, The report will include copies of all resources reviewed during the assessment, boring logs, site figures, laboratory reports, and site photos, The report will provide our conclusions and recommendations based on the assessments. SCHEDULE Upon receipt of a signed proposal, PEP Environmental Services, LLC, will contact the client to arrange a start date. A report will be submitted to the client within 20 days of completion of the Phase 11 ESA. STATEMENT OF QUALIFICATION AND EXPERIENCE The professional - services staff of PEP Environmental Services, LLC, is composed of an Environmental Scientist, Certified Hazardous Materials Manger, and Registered Environmental Manager. The projects completed by the professional- services staff include property transaction assessments, UST removals, site assessments, site investigations, remedial action plan design and implementation for petroleum- contaminated soil and water, and groundwater monitoring and sampling. Page Three Our professional- services staff satisfies the consultant qualifications established by the WDNR. These WDNR qualifications are published in Chapter NR 700 of the Wisconsin Administrative Code. PEP E vironment i SeMces, LLC, maintains $1,000,000 Professional Liability insurance coverage, including Contractors Pollution Liability, provided by an A. M. Best A+ rated insurance company. An insurance certificate is available on request verifying the existence of the required insurance coverage. The Environmental Site Assessment and Phase.1I ESA Will Be Completed for a t -Sum Fee of 5 750 TERMS AND CONDITIONS Of WORK PERFORMED This proposal is subject to the terms and conditions outlined in the attached Environmental Consulting Services Agreement. Section 144.76 of the Wisconsin Statutes requires that the WDNR be immediately notified of any hazardous substances released into the environment. If contamination is encountered, it will be the responsibility of the client to inform the District WDNR representative that a release has occurred, PEP Environmental Services, LLC, will invoice on a lump -sum basis according to the fee above. Payment terms are NET 15 days from the invoice date. One and one -half percent interest per month will be charged on past -due accounts. Otter Ave Packing Lot and Phase I and Phase II Proposal.doc • ENVIRONMENTAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT Is made as of January 18, 2011, by and between PEP Environmental Services, LLC ( "PEP ") and Grammer & Associates, inc. ("Client "). RECITALS A. PEP submitted a proposal to Client dated January 18, 2011, a copy of which is attached and incorporated by reference (the "Proposal ") to perform professional engineering, consulting and other services at the Otter Avenue Parking Lot site in Oshkosh, Wi (the "Site ") and Client accepts the Proposal and engages PEP pursuant to the terms and conditions of this Agreement to perform those services (the "Project"). B. Client may desire to retain certain Independent contractors directly in connection with the proposed work at the site to minimize expenses rather than have PEP retain its own subcontractors and PEP is willing to agree to such an arrangement provided PEP is not liable for the acts, errors, omissions or negligence of Client's independent contractors regardless of oversight activities by PEP. AGREEMENTS In consideration of the mutual agreements herein, the parties agree as follows: 1. Services. PEP agrees to perform the professional engineering, consulting and other services described in the Proposal under the terms and conditions of the Proposal and as set forth in this Agreement. 2, Fees For Services. Client shall pay PEP the full amount of the single price quoted In the Proposal. My price designated in the Proposal as an Estimate shall be for estimating or budgeting purposes EA. In the event that the Proposal quotes a price on a time and materials basis rather than on a single price basis, Client shall pay PEP fees, costs and disbursements for its services in accordance with the provisions of the Standard Fee Schedule attached to the Proposal and made a part of this Agreement. PEP acknowledges that the amount of PEP's single price quote in the Proposal shall be reduced by the amount of the subcontractor cost PEP quoted for contractors that Client elects to retain directly. Payment in full is due within 15 calendar days of the date PEP submits its invoice to Client. PEP will submit invoices to Client upon completion of the Project, or every 30 days for services rendered. A late service interest charge of 1- 112% per month may be added to all invoice amounts outstanding more than 15 days. Client agrees to pay all applicable taxes In addition to the fees described above, as well as all reasonable attorneys' fees, court costs and other litigation expenses incurred by PEP in collecting any past dues arising under this Agreement. 3. Recognition of Risk. Client recognizes, and PEP's performance of its services under this Agreement is subject to, the following risks: (a) it is not possible with a limited sampling and analysis program to absolutely prove the presence or absence, as the case may be, of underground storage tanks, hazardous wastes, hazardous substances, solid wastes or toxic materials at the Site; (b) investigations by PEP at the Site may disclose the presence of hazardous wastes, hazardous substances, solid wastes or toxic materials or other contaminants or pollutants, and the sole responsibility for reporting the presence of such materials to the appropriate federal, state, and local regulatory authorities shall remain the Client's; (c) environmental, geological, hydrogeologlcal, chemical, geotechnical, groundwater, and other conditions and characteristics at the Site can change over time, and data regarding such conditions and characteristics can vary from time to time and from place to place at the Site; (d) commonly used exploration and investigative methods and technologies, Including, but not limited to, drilling, boring, the excavation of test -pits, and groundwater sampling, involve an inherent risk of contamination of previously uncontaminated soil or groundwater by contaminants already present on the Site; and (e) governmental regulations with respect to environmental contamination, investigation and cleanup, education, and/or training may change over time. PEP will operate and conduct the Investigation under currently acceptable standards of care for the industry. Changes in the industry standards after the completion of the project shall not be deemed as evidence that PEP has failed to perform its services under this Agreement in accordance with generally prevailing professional standards. Page Two 4. Client Obligations. (a) Client shall provide or make available to PEP any reports, studies, analyzes, documents, data and information regarding conditions at the Site (e.o., hazardous wastes, solid wastes, hazardous substances, contaminants, pollutants, chemicals, underground obstructions, underground tanks, underground piping, site history, utilities, utility lines and manufacturing specifications, requirements and processes). PEP is entitled to rely upon such information supplied by the Client. (b) Client shall provide for PEP's right to enter the Site and/or adjacent properties as necessary for PEP to complete its responsibilities under this Agreement. Client shall procure aff necessary entry permits, approvals and authorizatfons and shall protect, indemnify, defend and hold PEP and its officers, directors and employees harmless from and against any claims of trespass or property damage made while providing the services described in this Agreement, except to the extent PEP Is negligent or has violated the Client's specific written instructions concerning entry into the Site and/or adjacent properties. 5. independent Contractors. (a) PEP agrees that Client shall have the right to engage one or more independent contractors (the "Client Contractors ") to perform all or any portion of the subcontractor services that PEP has identified in the Proposal as necessary to enabling PEP to complete its professional engineering, consulting and other services at the Site. Neither this Agreement nor any Client Contractor agreement will create any contractual relationship between PEP and the Client Contractor nor any liability of PEP to any Client Contractor regardless of any oversight activities of PEP. Client acknowledges that PEP makes no representation or warranty, and assumes no responsibility, with respect to the continued certification by the Wisconsin Department of Natural Resources of the laboratory Client contracts with to perform the laboratory services required pursuant to this Agreement and the Proposal. (b) Cliient agrees that its contract with any Client Contractor shalt require the Client Contractor to: (i) maintain the following insurance coverage throughout the term of this Agreement and submit certificates verifying such insurance to PEP upon its request: [a] workers' compensation and employers' liability insurance; @] comprehensive automobile and vehicle liability insurance with $1 million combined single limit coverage maintained on an occurrence basis for Injuries to persons and property (if Client Contractor has a claims made comprehensive automobile and vehicle liability insurance policy, Client Contractor shall agree to maintain such policy for two years after its performance of services); [c) commercial general liability insurance with $1 million combined single limit coverage maintained on an occurrence basis for injuries to persons or damage to property of others arising out of any negligent acts, errors or omissions of the Client Contractor or any of its employees, agents subcontractors, vendors, suppliers or invitees (if Client Contractor has a Bairns made commercial general liability insurance policy, Client Contractor shall agree to maintain such policy for two years after its performance of services); and [dj if applicable, professional liability (errors and omissions) insurance coverage of $1,000,000. (0) defend, indemnify and hold PEP harmless from and against all liabilities, claims, causes of action, costs and expenses (including reasonable attorneys' fees and other costs of defense) and demands related to, or on account of, alleged personal injuries, bodily injuries, property damage, property loss or damage of any kind whatsoever, including without limitation, workers' compensation claims, construction lien claims and claims by subcontractors and material suppliers against Client which arise out of or are in any manner connected with the performance of this Agreement, based on injury, loss or damage allegedly caused by the Client Contractor, its lower tier subcontractors, If any, or the agents. employees or invitees of either. (c) Client agrees to notify PEP of which independent contractors Client wishes to use. PEP then has 10 days to notify Client If that contractor is not acceptable to PEP. Client agrees That PEP, at its sole discretion, may reject any independent contractor. Client agrees it shall be responsible for paying subcontractors It chooses to retain for the services they provide on the Project within 30 days of receipt of invoices from such contractors.] 5. Protect Delay. PEP is not responsible for any delay caused by third parties, unforeseen weather conditions, intervention of regulations or public authorities, lack of necessary permits, approvals or authorizations, work stoppages, changes in applicable federal, state or local laws or regulations after the date of this Agreement. In the event of any such delay, PEP shall be entitled to reasonable additional time to perform the services described in the Proposal. The Client shall compensate PEP for any additional fees, costs and disbursements caused by such delay. 7. Protect Changes. Client may at any time prior to completion of the services described in the Proposal request modifications in such services by written change order. Such changes shall not become a part of this Agreement unless agreed to in writing by PEP. Page Three 8. client Representative. Client shall designate in writing a person to act as Client's representative regarding the Project. Such representative shall have complete authority on behalf of Client to transmit instructions, receive information, and interpret and deans Client's policies and decisions to and from PEP with respect to this Agreement. 9. indemnification. (a) PEP agrees to defend, indemnify and hold Client harmless from and against any and all claims, demands, causes of action, Liabilities, costs and expenses (including reasonable attorneys' fees and other costs of defense) CLlabtilly") for damage to property, injury to person or death of any person arising out of any negligent act, error or omission or willful misconduct of PEP or its employees in the performance of PEP 's services under this Agreement; provided, however, the Liability of PEP , its directors, officers and employees shall not exceed in the aggregate the total sum then available under PEP 's applicable liability Insurance policies (except as limited in 9 (b)). The term "applicable liability insurance policies" means either PEP's professional liability (errors and omissions) policy, or its general liability policy, or both, as the case may be under the circumstances. (b) For activities conducted by PEP under proposals identified as "Phase I Environmental Site Assessment" or 'Transaction Screen Assessment", PEP's liability shall not exceed $50,000 or the cost of the assessment, whichever is greater. (c) Client hereby covenants and agrees PEP shall not be liable for any losses, damages, costs and expenses (including reasonable attorneys' fees and other costs of defense) incurred by Client arising out of or resulting from the actions, negligence, errors, omissions or conduct of Client or the Client Contractors or their respective directors, officers, employees, agents, subcontractors, vendors, suppliers or invitees. Client hereby forever and fully releases, acquits and discharges PEP, its directors, officers and employees from, and covenants not to sue such parties In connection with, any and ail claims and causes of action which Client may now have or hereafter have against PEP arising out of or resulting from the actions, negligence, errors, omissions or conduct of Client or the Client Contractors or their respective directors, officers, employees, agents, subcontractors, vendors, suppliers or invitees. Client hereby agrees to indemnify, defend and hold PEP, its directors and officers and employees harmless from and against all liabilities, losses, claims, causes or action, damages, costs and expenses (including reasonable attorneys fees and other costs of defense) which PEP, its directors, officers and employees may hereafter incur, sustain or suffer in connection with any claim, action, cause of action, change in action or right of action (at law or in equity) In connection with the performance of services under this Agreement, including without limitation any injury to person (including death) or any loss or damage to property which arises out of any negligent act, error or omission or willful misconduct by Client or Client Contractors or their respective directors, officers, employees, agents, subcontractors, vendors, suppliers or invitees. 10. Event of Default. Client and PEP agree that in the event Client claims PEP has defaulted in performing its obligations under this Agreement, Client shall promptly give written notice of the claimed default to PEP. PEP will then have a reasonable period of time to substantially cure the claimed default. If PEP fails to substantially cure the claimed default within a reasonable period of time, Client shall so notify PEP in writing. Upon so notifying PEP, Client may engage another professional consulting firm to complete the Project. Any liability which PEP might have to Client for any costs so incurred by Client in completing the Project shall not exceed in the aggregate total sum then available under PEP 's applicable liability insurance policies then in force. 11. Safe PEP will perform work only under safe conditions. Client will be responsible for all costs incurred by PEP far safety or security measures required by hazardous or dangerous working conditions. PEP has the right to terminate this Agreement if, in Its sole discretion, such termination is necessary for safety or health reasons. The Client Contractor shall be responsible for their own health and safety and the failure of any Client Contractor to perform work only under safe conditions shall not be imputed to PEP regardless of PEP's oversight activities. 1 2. Notice of Lien Rights. AS REQUIRED BY THE WISCONSIN CONSTRUCTION LiEN LAW, PEP HEREBY NOTIFIES CLIENT THAT PERSONS, COMPANIES, OR CONSULTANTS FURNISHING LABOR, MATERIALS, OR PROFESSIONAL SERVICES FOR THE CONSTRUCTION ON CLIENT'S LAND MAY HAVE LiEN RIGHTS ON THE CLIENTS LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO PEP, ARE THOSE WHO CONTRACT DIRECTLY WITH THE CLIENT OR THOSE WHO GIVE THE CLIENT NOTICE WITHIN 60 DAYS AFTER THEY FURNISH LABOR, MATERIALS, OR PROFESSIONAL SERVICES FOR THE CONSTRUCTION. ACCORDINGLY, CLIENT PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR, MATERIALS, OR PROFESSIONAL SERVICES FOR THE CONSTRUCTION, AND SHOULD GiVE A COPY OF EACH NOTICE RECEIVED TO THE MORTGAGE LENDER, iF ANY. PEP AGREES TO COOPERATE WITH THE CLIENT AND THE CLIENT'S MORTGAGE LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS WHO SEPARATELY CONTRACT WITH PEP ARE DULY PAID. Page Four 13. PECFA Claims. Although the Petroleum Environmental Cleanup Fund (PECFA) may reimburse a substantial share of the cost of conducting the investigation and remediatian of a petroleum contamination, Client will have a program deductible that it must pay. In addition, there may be costs that are not covered by PECFA or are above the maximums that PECFA will reimburse. investigation and remedlation of the Site may cost the Client more than the PECFA deductible, 14. Miscellaneous. (a) Amendment. This Agreement may only be amended by a written agreement of PEP and the Client. (b) Governing Law. This Agreement shall be governed by and subject to the laws of the State of Wisconsin. (c) Notices. Any notice to be given hereunder shall be deemed given and sufficient if in writing and mailed by certified mail or sent via facsimile transmittal with the hard copy mailed, in the case of PEP, to: PEP Environmental Services, LLC 7147 Cedar Sauk Road Saukville, WI 53080 -2452 Attn: Peter E. Pavalko and in the case of Client, to the Client representative as designated pursuant to section 8 of this Agreement at the address set forth in the Proposal; or to such address as PEP or Client may designate by notice in wilting to the other. (t) Successors and Assigns. This Agreement shall be binding upon and inure to the benefit and burden of and shall be enforceable by PEP and Client, their successors and assigns. This Agreement may not be assigned by PEP or Client without the written consent of the other, which consent shall not be unreasonably withheld. (g) Severabilitv. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason whatsoever, it is agreed such invalidity or unenforceability shall not affect any other provision of this Agreement and the remaining covenants, restrictions and provisions thereof shall remain in full force and effect and any court of competent jurisdiction may so modify the objectionable provisions so as to make it valid, reasonable and enforceable. (h) Expenses. All expenses and costs incurred by PEP to enforce any term or provision of this Agreement, including, without limitation, reasonable attorneys' fees, court costs and litigation expenses shall be paid by Client. (I) Duplicates. This Agreement will be executed in the form of two duplicate originals. PEP and Client will each retain one fully executed duplicate original. Each duplicate original will be admissible in evidence. (j) Entire Agreement. This Agreement (which incorporates the Proposal) contains the entire agreement between the parties with regard to the matters contained herein. This Agreement supersedes and takes precedence over any prior agreement between the parties. PEP ENVIRONMENTAL SERVICES, LL Name: ` Date: / P am Title: lit 4- ,c ." GREMMER & ASSOCIATES, INC. Name: Date: Title: