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HomeMy WebLinkAboutBrown and Caldwell 1/16/2014 CITY OF OSHKOSH • DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5065 FAX (920) 236-5068 LETTER OF TRANSMITTAL To: Mr. Jim Bachhuber Date: January 16, 2014 Brown and Caldwell Subject: Executed Agreement 8383 Greenway Boulevard 2014 General Storm Water Suite 600 Management Services Middleton, WI 53562 Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: Enclosed is a copy of the executed agreement for the 2014 general storm water management services. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. City Attorney's Office—Copy City Clerk's Office — Original � �cc: File—Original Signed: (,(v(-- � 6 Tracy L. ylor 1:1 Engineering\Tracy Taylor\James'Agreements\B&C LOT-Executed 2014 Gen SW Mgmt Sery Agreemnt_1-16-14.docx AGREEMENT THIS AGREEMENT, made on the IS day of a,4N• , 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and BROWN AND CALDWELL, 8383 Greenway Boulevard, Suite 600, Middleton, WI 53562, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for 2014 GENERAL STORM WATER MANAGEMENT SERVICES. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Jim Bachhuber— Midwest Area Stormwater Practice Leader B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: James Rabe, P.E., CPESC —Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Scope of Work and Budget. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documents by the CITY to the CONSULTANT, and shall remain the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. I:\Engineering\Tracy Taylor\James'Agreements\B&C 2014 Gen SW Mgmt Sery Agreemnt_1-9-14.docx Page 1 of 5 ARTICLE V. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties that the CONSULTANT makes no warranty that the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others that the CONSULTANT reasonably relied upon and that are incorporated into the record drawings. ARTICLE VII. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and other documents. and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE VIII. CITY'S INSURANCE CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. CITY will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all project work including the value of all onsite CITY-furnished equipment and/or materials associated with CONSULTANT's services. Upon request, CITY will provide CONSULTANT a copy of such policy. ARTICLE IX. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Scope of Work and Budget. \Engineering\Tracy Taylor\James'Agreements\B&C 2014 Gen SW Mgmt Sery Agreemnn_1-9-14.docx Page 2 of 5 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 X. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts, all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. CONSULTANT's Scope of Work and Budget dated November 21, 2013 and attached hereto In the event that any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE XI. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Time and Materials Not to Exceed $24,996 (Twenty Four Thousand Nine Hundred Ninety Six Dollars). • Attached fee schedules shall be firm for the duration of this AGREEMENT. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this AGREEMENT executed by both parties prior to proceeding with the work covered under the subject amendment. D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s) not including documentation. ARTICLE XII. HOLD HARMLESS I:\Engineering\Tracy Taylor\James'Agreements\B&C 2014 Gen SW Mgmt Sery Agreemnt_1-9-14.docx Page 3 of 5 The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify to the CITY for all sums including court costs, attorney fees, and damages of any kind which the CITY may be obliged or adjudged to pay on any such claims or demands upon the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re-use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE XIII. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XIV. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGREEMENT, the CITY shall have the right to terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONSULTANT no later than 10 calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this AGREEMENT. ARTICLE XV. RE-USE OF PROJECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. CITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized re-use, change, or alteration of these project documents. I:\Engineering\Tracy Taylor\James'Agreements\B&C 2014 Gen SW Mgmt Sery Agreemnn_1-9-14.docx Page 4 of 5 ARTICLE XVI. SUSPENSION, DELAY, OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. ARTICLE XVII. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT ■' *.11 By: a (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: G - 4 -� (Witness) Mar A. Rohloff, City Manager 64.:J �-�.i�. And: (Witness) Pamela R. Ubrig, City Clerkl APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. iNt%LAA ke 41' y Attorne."1111" City Comptr e Ass4S111. ' I:\Engineering\Tracy Taylor\James'Agreements\B&C 2014 Gen SW Mgmt Sery Agreemnt_1-9-14.docx Page 5 of 5 Exhibit A: City of Oshkosh General Stormwater Services for 2014 Agreement Scope of Work and Budget November 21, 2013 Jim Bachhuber has been assisting the City of Oshkosh with ongoing needs for the stormwater management program since 2003. This scope of work is a continuation of that work. Specifically,for 2014,the following services will be provided under this agreement at the city's request: Scope of Work Task 1: 2014 Stormwater Utility Committee Assistance 1) Assist city staff with preparing materials for monthly Stormwater Utility Committee meetings relevant to stormwater management needs of the city. 2) Attend Stormwater Utility Committee meetings to present material, respond to questions, and facilitate discussion at the city's request. 3) Prepare draft Committee meeting summary minutes and send to city staff for review and finalization. Task 2: Stormwater Utility 2014 Rate Review and Update 1) Document Stormwater Program Costs: Using existing information provided by the city (including but not limited to: budgets, CIP projections, and the cost estimates from past projects)the stormwater program costs will be compiled. 2) The result of this task will be a detailed updated spreadsheet (as used in previous analyses) with an itemized listing of stormwater program tasks and budgets.The program budget will be projected for five years based upon the results of Task 2.1, and in keeping with the level of detail conducted in previous years. 3) Obtain the Latest Update on Stormwater Utility ERU Numbers.The City will provide Brown and Caldwell with the latest summary of total ERU values for the utility. The ERU values should be categorized by customer type by the city. The ERU values will be used to analyze utility rates using the formulas currently in place with the City. Task 3: General Assistance Assist city staff with other stormwater related issues including: compliance with the Stormwater Permit; stormwater pollution management assessments, potential TMDL issues, and other related topics at the city's discretion. Assumptions The budget for the above described tasks are based on the following assumptions 1. For Task 1 is it assumed that Jim Bachhuber will prepare for, and attend twelve (12) meetings and Mike Wegner will attend six(6) meetings in 2014. 2. Brown and Caldwell (BC)will prepare meeting summaries of each Stormwater Utility Committee meeting for review and finalization by City staff. 3. The City will make available files, records, and other information necessary for BC to conduct the scope of work at no cost to the project. 4. For Task 2, up to two (2) additional meetings have been budgeted. 1 Oshkosh 2014 Services Scope final.docx Exhibit A: City of Oshkosh General Stormwater Services for 2014 Agreement Scope of Work and Budget November 21, 2013 5. For Task 3 a total of 56 hours was budgeted. BC will only perform work under this task as directed by the City of Oshkosh and will keep the City informed on the status of budget for this task. 6. The work described in this document will take place between January 1, 2014—December 31, 2014 Budget This work is conducted on a time and material, not to exceed basis per the agreement's terms and conditions. The budget is based on the following task breakdown: Task Hours Budget 1. SW Utility Meeting 62 $10,070 2. SW Utility 2013 Update 54 $7,794 3. General Assistance 56 $7,132 Total 172 24,996 2 Oshkosh 2014 Services Scope final.docx Brown and Caldwell Schedule of Hourly Billing Rates - 2014 Hourly Engineering Technical/Scientific Administrative Rate Office/Support Services I $60-$65 Drafter Trainee Word Processor I Field Service Technician I Office/Support Services II $62-$67 Word Processor II Assistant Drafter Field Service Technician II Office/Support Services III $63—$68 Drafter Accountant I Engineering Aide Field Service Technician III Word Processor III $65 Inspection Aide Office/Support Services IV Engineer I Senior Drafter Geologist/Hydrogeologist I Accountant II Senior Illustrator Scientist I Word Processor IV $84 $89 Inspector I Senior Field Service Technician Engineer II Accountant III Inspector II Geologist/Hydrogeologist ll Area Business Operations Mgr $88 $112 Lead Drafter Scientist II Technical Writer Lead Illustrator Word Processing Supervisor Engineer III Inspector III Geologist/Hydrogeologist III Accountant IV Senior Designer Scientist III Administrative Manager $98 $132 Supervising Drafter Supervising Illustrator Senior Engineer Principal Designer Senior Geologist/Hydrogeologist Senior Technical Writer $130-$146 Senior Construction Engineer Senior Scientist Senior Engineer Principal Engineer Principal Geologist/Hydrogeologist Principal Construction Engineer Corp.Contract Administrator $150 $168 Supervising Designer Principal Scientist Supervising Engineer Supervising Scientist Supervising Constr. Engineer Supervising Geologist/ Assistant Controller $168-$185 Supervising Engineer Supervising Hydrogeologist in Engineer Managing Geologist/Hydrogeologisi Managing g g Managing Scientist Area Bus Ops Mgr IV $187-$205 Chief Engineer Chief Scientist Executive Engineer Chief Geologist/Hydrogeologist Corp Marketing Comm.Mgr. $200-$225 Vice-President MWS12A ACE?Da CERTIFICATE OF LIABILITY INSURANCE 5/31/2014 L—•--' S/3 tP_014 12/5/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(tes)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies,LLC-1 Kansas City NAMEACT 444 W.47th Street,Suite 900 (A/C. ExU' 'FAX . ol: Kansas City MO 64112-1906 EMAIL (816)960-9000 ADDRESS: . INSURERISI AFFORDING COVERAGE ' NAIC a INSURER A:Hartford Fire Insurance Company 19682 INSURED BROWN AND CALDWELL INSURER B:Hartford Insurance Co of the Midwest 37478 1051881 AND ITS WHOLLY OWNED SUBSIDIARIES INSURER C:St.Paul Fire and Marine Insurance Company 24767 AND AFFILIATES INSURER 0:Lloyds of London 201 NORTH CIVIC DRIVE,SUITE 115 INSURER E: WALNUT CREEK CA 94596 • INSURER F: COVERAGES BROCA02 CERTIFICATE NUMBER: 12698407 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL.SUER POLICY EFF iiii POLICY EXP LTR TYPE OF INSURANCE ASR WVD POLICY NUMBER JMMIDD/YYYY) IMMIDOIYYYY) LIMITS A GENERAL LIABILITY Y N 37CSEQUi I72 5/31/2013 5:31:2014 .EACH OCCURRENCE s 1 000()00 DAMAGE TO RENTED . it MMERCIAL GENE ILITY PREMISES(Ea occurrence) 5 1,000,000 .11. CLAIMS-MADE L OCCUR MED EXP(Any one person) S 1 0.000 ■ PERSONAL&ADV INJURY 5 1,000,000 ■ GENERAL AGGREGATE S 2-000.000 GENT.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2.000.000 POLICY 17 PRO n LOC $ A AUTOMOBILE LJABIU Y y N 37CSEQU 1173. 5/312013 511/2014 CUMtlINhO SINGLE LiMIT tEa aeadenU s 1.000.000 X ANY AUTO BODILY INJURY(Per person) s XXXXXXX ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS /Per erriden,I $ XXXXXXX 'S XXXXXXX C X UMBRELLA°AS X OCCUR N " N ZUP-I0R71075-13-NF 5/31/2013 5/31/2014 EACH OCCURRENCE ^$ 2,000.000 EXCESS UAe CLAIMS-MADE AGGREGATE 5 2.000.000 DED I I RETENTIONS $ XXXXXXX B WORKERS COMPENSATION N WC STATU- GIH. A AND EMPLOYERS'LIABILITY Y/N 37W N UU1 I7 l 513 2013 s 312014 X'TORY LIMITS, 1 ER ANY PROPRIETORIPARTNER/EXECUTWE Q OFFICER/MEMBER EXCLUDED? © NIA E.L.EACH ACCIDENT $ (.404,440 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000.000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE•POLICY LIMIT S 1.000.000 D PROFESSIONAL N N LDUSAI300482 5/31/2013 5/31/2014 51,000,000 PER CLAIM& LIABILITY AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Addltlonal Remark Schedule,N more space La required) TITLE: 2014 GENERAL STORMWATER SERVICES,CITY OF OSIIKOSH,AND ITS OFFICERS,COUNCIL MEMBERS,AGENTS,EMPLOYEES AND AUTHORIZED VOLUNTEERS ARE AN ADDITIONAL INSUREDS AS RESPECTS GENERAL AND AUTO LIABILITY.AS REQUIRED BY WRITTEN CONTRACT.THIRTY DAYS NOTICE OF CANCELLATION BY THE INSURER WILL BE PROVIDED TO THE CERTIFICATE HOLDER WITH RESPECT TO THE GENERAL,AUTO,PROFESSIONAL LIABILITY AND WORKERS COMPENSATION POLICIES. TEN DAYS NOTICE WILL BE PROVIDED IN THE EVENT OF NONPAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL RE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 12898407 AUTHORIZED REPRESENTATIVE OSH-17 CITY OF OSHKOSH ATTN: JAMES RABE 215 CHURCH AVE OSHKOSH WI 54903 ,',. ACORD 25(2010105) The ACORD nums end logo an registered marks of ACORD 8 988 4010 CORPORATION.All rights reserved