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HomeMy WebLinkAboutAmendment No. 2, Brown & Caldwell & Oshkosh AMENDMENT NO. 2 The CITY OF OSHKOSH, hereinafter referred to as CITY, and BROWN AND CALDWELL, 8383 Greenway Boulevard, Suite 600, Middleton, WI 53562, hereinafter referred to as the CONSULTANT, entered into an agreement for Storm Water Management Plan for Fernau Avenue Watershed on June 11; 2014. Paragraph C in ARTICLE X. PAYMENT included the provision that 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. THEREFORE, the CITY and the CONSULTANT agree to insert the following paragraph after the first paragraph in ARTICLE Ill. SCOPE OF WORK, after the paragraph inserted from Amendment No. 1: The CONSULTANT shall provide the services described in the CONSULTANT's Amendment #2 to Fernau Basin Stormwater Study dated May 11, 2016. The CITY and the CONSULTANT further agree to replace the first paragraph of ARTICLE VIII. TIME OF COMPLETION with the following: The work to be performed under this AGREEMENT shall be commenced and the work completed no later than December 31, 2016. The CITY and the CONSULTANT further agree to replace the first bullet in Paragraph A of ARTICLE X. PAYMENT with the following: • Time and Materials Not to Exceed $180,622 (One Hundred Eighty Thousand Six Hundred Twenty Two Dollars). All other terms contained within the June 11, 2014 agreement remain unchanged and in effect. In the Presence of: CONSULTANT B 1--)1`) (Seal of Consultant if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH (Witness Mark A. Rohloff, City Map)ag r 01� And: itness} Pamela R. Ubrig, City Clerk AP ROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this Agreement. City Attorn y bk City Comptroller IAEn&eed"g Storm Water InformatlonTernau Avenue Watersh"SWMP RFP Matedalsmc Fernau Page 1 Of 1 Ave Wtrshed CA#2 5-20-16.doac Attachment A RECEIVED - Amendment#2 to Fernau Basin Stormwater Study Brown and Caldwell Project#146204 MAY 11 - City of Oshkosh Reference#: Res.No. 14-252 - - May 11, 2016 pEPT OF PUB WORKS 0SI3KOSl,l, \\iISCONSIN This Attachment A documents additional tasks requested of Brown and Caldwell (BC) by the City of Oshkosh (City)for the Fernau Basin Stormwater Study(City Res. No. 14-252; BC Project# 1.46204) dated June 11, 2014. Scope Changes Additional Effort#1 - Evaluation of Additional Wet Detention Basin Located on Hoffmaster Prope (2920 N. Main Street) The City requested BC to conduct a stormwater modeling analysis for the inclusion of a proposed regional stormwater management basin on the Hoffmaster property. This task was not identified in the contract's scope of work. In response to the City's request, BC conducted the following work. 1. Incorporated conceptual area wet detention basin within the available open space north of the Hoffmaster parking lot and south of East Fernau Ave. 2. Constructed the XP SWMM 2D model to represent alternative layouts for the potential wet detention basin. 3. Evaluated 5 alternative basin layouts for performance in meeting the City's stormwater management goals for the overall project. The alternatives included storm sewer within the City ROWs, dry and wet detention basins, and stream enclosure box culverts within the project area. 4. Prepared graphics and tables summarizing the flood control, peak flow management, and TSS pollution control achievements of the alternatives modeled. Graphics included incorporating files provided by the City of Hoffmaster's potential expansion plans. 5. Met with City staff both via web-link and face-to-face to discuss the pros and cons of the various alternatives. 6. Prepared a detailed construction cost estimate spreadsheet for the selected alternative. Additional Effort#2-Add New Areas Added to the Existing TID#27 Boundary_. The City requested BC to add properties to the TID #27 area that were not included in the original project's scope of work. The City will provide a map of the areas to be added. In response to the City's request BC will conduct the following work. 1. Update GIS files with revised TID #27 boundary. 2. Re-draw existing maps and graphics as necessary to reflect the newly added properties to TID#27. 3. Add hydrologic conditions of the added TID 427 area. 4. Recalculate the revised TID #27 area's 10, and 100 year peak flow under existing, and proposed build-out conditions to demonstrate Municipal Code Chapter 14 compliance. 5. Re-evaluate storm sewer sizing in Fernau Avenue from Jackson Street to the proposed Hoffmaster Detention Basin. 6. Re-analyze the proposed stormwater management measures as defined under Alternative 5 to verify that the stormwater discharge from the newly defined TID#27 will meet the peak flow and pollution control requirements of the City's Municipal Code 14 and NR 151. 7. Conduct WinSLAMM analysis for added TID #27 areas under no management condition and recalculate TID#27 target TSS reduction. 8. Update WinSLAMM analysis of proposed Hoffmaster Detention Basin to reflect added TID #27 area. Fernau Ave SWMP Amendment 2 Attachment A 1 Attachment A Amendment#2 to Fernau Basin Stormwater Study Brown and Caldwell Project#146204 City of Oshkosh Reference#: Res. No.-14-252 May 11, 2016 9. Revise tables and report text to reflect the impacts of the new TID #27 area. Budget Amendment All work is conducted under the terms and conditions as described in the Fernau Basin Stormwater Study(City Res. No. 14-252; BC Project# 146204)agreement dated June 11, 2014. The Amendment budget is provided below. 1. Hoffmaster Detention Basin Services: $ 17,753.00 2. Expansion of TID #27: J-2,909.0 Total Amendment Request: $ 30,662.00 Assumptions: 1. All work defined in this Amendment#2 will be completed in calendar year 2016. 2. The impact from the expanded TID#27 will not require changes to the conceptual size of the stormwater management measures already defined under Alternative 5. 3. The expanded TID #27 area impacts will only be analyzed for Alternative 5. Fernau Ave SWMP Amendment 2 Attachment A 2 1 1 ® DATE(IdMfDDNYYY) �Rn CERTIFICATE 4F LIABILITY INSURANCE 5/31/2017 5/25/2016 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 POLICIES 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 certifleate holder is an ADDITIONAL INSURED,the policy(los)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 - - 7 W _ -CONTACT p ---- IZCC1✓IVE1=3 :�_ 444 W.47th Street,Suite 900 = -.Ar MiONE o Ext: uc NO): Kansas City MO 64112-1906 E-MAIL (816)960-9000 MAY 5 9016 ADDRESS: ��„ 1 INSURER(S)AFFORDING COVERAGE NAPC B INSURER A:Hartford Fire Insurance Company 19682 INSURED BRODEPT_0F P U B L i C W C)RK 'INSURER B:Hartford Accident and Indemni Company 22357 1310104 AND IT AND CALDWELL , - f, WISCONSIN AND ITS WHOLLY Qti'VNED SIJ�B'5�1�1r:A49INsuRERe:Travelers prope Casual Co ofAmeriea 25674 AND AFFILIATES INSURER D:Lloyds OirLondon 201 NORTH CIVIC DRIVE,SUITE 115 INSURER E:TGVin City hire Insurance Company 29459 NVALNUT CREEK CA 94596 INSURER F COVERAGES * CERTIFICATE NUMBER: 13177147 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 SUB POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE SO wVD POLICY NUMBER MhirDDlYYYY MMIDDIYYYY A X COMMERCIAL GENERAL LIABILITY Y N 37CSEQU1172 513MO16 5/31/2017 EACH OCCURRENCE $ 2,000,000.... CLAIMS-MADE NXI OCCUR PREMISES(Ea occurrence s 2 000 000 MED EXP(Any one person) $ 10,000 PERSONAL SADV INJURY S 1 000,000 GEN'LAGGREGATE LIPAITAPPLIES PER: GEN ERAL AGGREGATE s 4,000,0 0 POLICY[X PRCOT- 1X]LOC PRODUCTS-COMPIOPAGG S 4,000,000 S OTHER: A AUTOMOBILE LIABILITY Y N 37CSEQUI 173 5/31/2016 5/31/2017 Eapa�deDntSINGLE LIMIT 5 2,000,0 0 IX ANY AUTO BODILY I NJURY(Per pefson) S XXXXXXX ALLOWNED SCHEDULED BODILY INJDRY(Per auldenl) S XXXXXXX X HIRAUTOS X AUTOS f TR Rid Y DAMAGE S XXXXXXX sXXXXXXX C X UMBRELLA LIA13 X OCCUR Y N ZUP-10R71075 5/31/2016 5/31/2017 EACH OCCURRENCE s 2000000 EXCESS LIAR CLAIMS-MADE AGGREGATE s 2 000 000 DED F RETENTIONS S XXXXXXX vroruteas coMPENsn71oNN 37WN U1170 5/31/2016 5/31/2017 X STATUTE OftH B AND EMPLOYERS'LIABILITY YIN Q E ANY PROPRIETORIPARTNERIEXECUTIVE 37WBRQU1171 $/31/2014 5/31/2017 E.L.EACH ACCIDENT 5 2,000,000 OFF:CERhdEMBFREXCLUDED? IN I NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE s 2,000,000 If Yyes dascn'6e under E,L.DISEASE-POLICY LihtlT s 2 OOO 000 DESCRIPTION OF OPERATIONS te!aH D PROFESSIONAL N N LDUSA1600482 5/31/2016 5/31/2017 $1,000,000 PER CLAIM& LIABILITY AGGREGATE DESCRWPT70N OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Seheduke,may"attached If more space Is required] RE:GENERAL STORMWATER SERVICES FOR 2016,BC SID:57251, CITY OF OSHKOSH,AND ITS OFFICERS,COUNCIL MEMBERS,AGENTS,EMPLOYEES AND AUTHORIZED VOLUNTEERS ARE ADDITIONAL INSURED ON PRIMARY AND NON-CONTRIBUTORY BASIS ON GENERAL,AUTO AND EXCESSIUMBRELLA LIABILITY COVERAGE,WHERE REQUIRED BY WRITTEN CONrRACTANTD SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY, THIRTY DAYS NOTICE OF CANCELLATION BY THE INSURER WILL BE PROVIDED TO THE CERTIFICATE HOLDER WITH RESPECT TO THE GENERAL,AUTO,PROFESSIONAL LIABILITY AND WORKERS COMPENSATION POLICIES CERTIFICATE HOLDER CANCELLATION See Attachments 13177147 S SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE OSH-I CIT!' 8 OSHKOSH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ATTN:JAMES RABE 215 CHURCH AVE. AUTHORIZED REPRESENTA OSHKOSH WI 54903 ©198$ 014 ACORD CORPORATION, All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES Policy Number: 37CSEQU1172 Policy Term: 5/31/2416 to 5/31/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT- OPTION 11 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Designated Project(s) or Location(s)of Organization(s): Covered Operations'. ALL ALL Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule above with whom you agreed in a written contract or written agreement to provide insurance such as is afforded under this policy, but only to the extent that such person or organization is liable for"bodily injury", "property damage"or"personal and advertising injury"caused by: 1. Your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations for such additional insured at the project(s) or location(s) designated in the Schedule; b. In connection with your premises owned by or rented to you and shown in the Schedule;or C. In connection with "your work"for the additional insured at the project(s) or location(s)designated in the Schedule and included within the"products-completed operations hazard", but only if: (1) The written contract or agreement requires you to provide such coverage to such additional insured at the project(s)or location(s) designated in the Schedule; and (2) This Coverage Part provides coverage for"bodily injury"or"property damage"included within the"products-completed operations hazard". 2. The acts or omissions of the additional insured in connection with their general supervision of your operations at the projects or locations designated in the Schedule. B. The insurance afforded to these additional insureds applies only if the"bodily injury"or"property damage"occurs, or the"personal and advertising injury'offense is committed: 1. During the policy period; and 2. Subsequent to the execution of such written contract or written agreement;and I Prior to the expiration of the period of time that the written contractor written agreement requires such insurance be provided to the additional insured. Attachment Code:D465358 Certificate ID: 13177147 C. With respect to the insurance afforded to the additional insureds under this endorsement, the following additional exclusion applies: This insurance does not apply to"bodily injury","property damage"or"personal and advertising injury"arising out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you, including: 1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders, designs or specifications; and 2. Supervisory, inspection, architectural or engineering activities. D. Limits of insurance With respect to insurance provided to the additional insured shown in the Schedule, Paragraph 8. How Limits of Insurance Apply To Additional Insureds in Section III -Limits of Insurance does not apply. E. Duties Of Additional insureds In The Event Of Occurrence, Offense, Claim Or Suit The Duties Condition in Section IV-Conditions is replaced by the following and applies to the additional insured shown in the Schedule: 1. Notice Of Occurrence Or Offense The additional insured must see to it that we are notified as soon as practicable of an "occurrence"or an offense which may result in a claim. To the extent possible, notice should include: a. How,when and where the"occurrence"or offense took place; b. The names and addresses of any injured persons and witnesses; and C. The nature and location of any injury or damage arising out of the "occurrence"or offense. 2. Notice Of Claim If a claim is made or"suit is brought"against the additional insured, the additional insured must: a. Immediately record the specifics of the claim or"suit"and the date received; and b. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or"suit" as soon as practicable. 3. Assistance And Cooperation Of The Insured The additional insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or"suit"; b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation or settlement of the claim or defense against the"suit'; and d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. Q. Obligations At The Additional Insureds Own Cost No additional insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid,without our consent. S. Additional Insureds Other Insurance If we cover a claim or"suit"under this Coverage Part that may also be covered by other insurance available to the additional insured, such additional insured must submit such claim or"suit"to the other insurer for defense and indemnity. Attachment Code:D465358 Certificate ID: 13177147 However,this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. 6. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs 1.and 2. apply to the additional insured only when such"occurrence", offense, claim or"suit"is known to: a. The additional insured that is an individual; b. Any partner, if the additional insured is a partnership; C. Any manager, if the additional insured is a limited liability company; d. Any"executive officer"or insurance manager, if the additional insured is a corporation; e. Any trustee, if the additional insured is a trust; or f. Any elected or appointed official, if the additional insured is a political subdivision or public entity. F. Other Insurance With respect to insurance provided to the additional insured shown in the Schedule, the Other Insurance Condition Section IV-Conditions is replaced by the following: 1. Primary Insurance a. Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary we will share with all that other insurance by the method described in 3. below. b. Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs a. and b. do not apply to other Insurance to which the additional insured has been added as an additional insured or to other insurance described in paragraph 2. below. 2. Excess Insurance This insurance is excess over any of the other insurance,whether primary, excess, contingent or on any other basis: a. Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for"your work", b. Premises Rented to You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; C. Tenant Liability That is insurance purchased by you to cover your liability as a tenant for"property damage"to premises rented to you or temporarily occupied by you with permission of the owner; d. Aircraft,Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos"or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A- Bodily Injury And Property Damage Liability; e. Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of"property damage"to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I -Coverage A- Bodily Injury Or Property Damage Liability; or f. When You Are Added As An Additional Insured To Other Insurance Attachment Code:D465358 Certificate ID: 13177147 That is any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any"suit"if any other insurer has a duty to defend against that"suit". If no other insurer defends,we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss, if any, that exceeds the sum of: a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and b. The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method of Sharing If all other insurance permits contribution by equal shares,we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains,whichever comes first. If any of the other insurance does not permit contribution by equal shares,we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Attachment Code:D465358 Certificate ID: 13177147 f I Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES Carrier: Hartford Fire Insurance Company Policy Number: 37CSEQU1173 Policy Term: 5/31/2018 to 5!3112017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Any person or organization whom you are required by contract to name as additional insured is an "Insured" for LIABILITY COVERAGE but only to the extent that person or organization qualifies as an "insured" under the WHO IS AN INSURED provision of Section II - LIABILITY COVERAGE. Attachment Code:D465338 Certificate 1D: 13177147