HomeMy WebLinkAbout04. 16-347JULY 12, 2016 16-347 RESOLUTION
(CARRIED 7-0 LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE AGREEMENT WITH WATCO COMPANIES FOR
ENGINEERING SERVICES FOR TRANSLOAD FACILITY IN
SOUTHWEST INDUSTRIAL PARK
INITIATED BY: COMMUNITY DEVELOPMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper
City officials are hereby authorized to enter into and take those steps necessary to
implement an appropriate professional services agreement with Watco Companies for
the design services for the Transload Facility in the amount of $40,000.00 in the form of
a credit towards the purchase of city-owned land in the Southwest Industrial Park.
Oshkosh MEMORANDUM
TO: Honorable Mayor and Members of the Common Council
FROM: Allen Davis, Community Development Director
DATE: July 7, 2016
RE: Approve Agreement with WATCO for Engineering Services for Transload
Facility in Southwest Industrial Park
BACKGROUND
City staff has been working closely with Oshkosh Corporation, Wisconsin Southern Railroad,
and WATCO representatives in the past two years to identify a new location for the loading
facility along S. Washburn Street. Due to Oshkosh Corporation's and WATCO's long term
needs, it was determined that the loading facility should be relocated to the city's Southwest
Industrial Park (SWIP). Staff submitted a Transportation Economic Assistance (TEA) grant
application to the Wisconsin Department of Transportation (WisDOT) for a multi - phase,
transload facility project in the SWIP. The city received a tentative approval for a $1,009,000
grant.
ANALYSIS
In order to receive the grant funds, the city must submit a final set of design plans of the
facility to the WisDOT for approval. After sending out a Request for Proposals to engineering
firms and receiving six proposals back, the city selected WATCO's Engineering Division to
complete the design, construction engineering and grant assistance for the transload facility.
The Oshkosh Corp spur will be located on the city's property. A second spur will be owned
and operated by WATCO and used by area businesses who wish to ship product or
commodities via rail. WATCO will be purchasing the land for their facilities — estimated to be
about 20 acres at $35,000 per acre.
FISCAL IMPACT
The services provided by WATCO will total $40,000. Since WATCO intends to purchase land
in the Southwest Industrial Park, the city proposes to give WATCO a $40,000 credit towards
their land purchase in exchange for the engineering services of the transload facility.
RECOMMENDATION
The City Council approves the Agreement with WATCO for Engineering Services for
Transload Facility in the Southwest Industrial Park.
Submitted, Approved,
4-& A -V7 J
Allen Davis Mark Rohloff
Community Development Director City Manager
AGREEMENT
THIS AGREEMENT, made on the day of , 2016, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Watco
Companies, LLC 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. The 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:
Derek Penner, Watco Companies LLC Senior Vice President of Marketing
and Customer Development
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:
H. Allen Davis III, City of Oshkosh Community Development Director
ARTICLE III. SCOPE OF WORK
The Consultant shall provide the services described in the City's Request for
Proposal including, but not limited to the following:
1. All tasks necessary for the final design as described in the WisDOT TEA
Grant Application requirements.
2.All environmental tasks included in the WisDOT TEA Grant Application
requirements.
3. Construction management tasks required by the WisDOT TEA Grant
Program.
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4. All other items required by the WisDOT TEA Grant Application.
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
documents and instruments prepared by the Consultant as instruments of service shall
remain the property of the City.
ARTICLE IV. CITY REPONSIBILITIES
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 agreed upon between the parties.
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. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of which are as fully a
part of this contract as if herein set out verbatim, or if not attached, as if hereto attached:
1. This Instrument
2. The Request for Proposals
3. WisDOT TEA Grant Application
4. Scope of Work
5. Map of project location
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In the event that any provision in any of the above component parts of this contract
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 VII. PAYMENT
A. The Contract Sum. The City shall pay to the Consultant for the performance of
the contract the total sum of $40,000.00 in the form of a credit towards the purchase of
city -owned land in the Southwest Industrial Park, adjusted by any changes hereafter
mutually agreed upon in writing by the parties hereto.
B. Method of Payment. The Consultant shall perform the attached Scope of
Services items to receive the land sale credit in the amount of $40,000. If any aspect of the
Scope of Services is disputed or not completed, the City may withhold the land sale credit
of such amount and shall provide to Consultant a statement as to the reason(s) for
withholding the credit.
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.
ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS
The Consultant covenants and agrees to indemnify and hold the City of Oshkosh
harmless against all actions, claims and demands of any kind or character to the extent
caused by or resulting from the intentional or negligent acts of the Consultant, his agents or
assigns, his employees or his subcontractors related to the performance of this Contract or
be caused or result from any violation of any applicable law or applicable administrative
regulation, and shall indemnify the City for all sums including court costs, reasonable
attorney fees, and punitive damages which the City may be obliged or adjudged to pay on
any such claims or demands to the extent caused by or resulting from the intentional or
negligent acts of the Consultant, or its employees, subcontractors, suppliers, and agents,
within thirty (30) days of the date of the City's written demand for indemnification. These
terms shall be enforced regardless of whether actions, claims, and any resulting injuries
claimed may be considered "material ". These terms shall be interpreted broadly in
protecting the interests of the City of Oshkosh.
ARTICLE V. INSURANCE
The Contractor /Consultant agrees to abide by the attached City of Oshkosh
Insurance Requirements.
ARTICLE X. 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 anytime 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.
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In the Presence of:
(Seal of Contractor
if a Corporation.)
(Witness)
(Witness)
APPROVED:
City Attorney
CONTRACTOR
Watco Company, LLC
M
(Derek Penner, Senior Vice President of Marketing and
Customer Development)
By:
(Specify Title)
CITY OF OSHKOSH
By:
Mark A. Rohloff, City Manager
And:
Pamela R. Ubrig, City Clerk
I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this contract.
City Comptroller
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SOUTHWEST INDUSTRIAL
PARK EXPANSION
CITY OF OSHKOSH
OSHKOSH, WI
WINNEBAGO COUNTY
Legend
Site Topography
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SOUTHWEST INDUSTRIAL
PARK EXPANSION
CITY OF OSHKOSH
OSHKOSH, WI
WINNEBAGO COUNTY
Legend
Site Topography
QProposed Lots
® Potential Lot Expansion Areas
Sanitary Sewer Easements
Storm Sewer Easements
Storm Water Facilities
Wetlands
Roadway
Parcels
Right of Way
N
A o 211 111
ear
O.fHKOfH
ON THE WATER
Document Path: I: \Engineering \2014 CONTRACTS \14 -10 SW Ind Prk Exp (TID #23) Ph 3 & 4 Util \GIS \Sales Map \Sales Map.mx,