HomeMy WebLinkAboutBrown and Caldwell & Oshkosh AGREEMENT
1
This AGREEMENT, made on the day of ,rt�, 2016, by and
I
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:
The CITY and the CONSULTANT, for the consideration hereinafter named, enter
into the following AGREEMENT for STORM WATER UTILITY CREDIT APPLICATIONS
FOR CITY OF OSHKOSH FACILITIES.
ARTICLE I. PROTECT 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 11. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the PROJECT described in
this AGREEMENT:
James Rabe, P.E., CPESC-Director of Public Works
ARTICLE III. SCOPE OF WORK
The CONSULTANT shall provide the services described in the CONSULTANT's
Scope of Services. 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.
1:\Engineering\Tracy Taylor\Jarnes'Agreennents\Brown&Caldwell\SW Util Credit Apps-City Fac-11-
Page 1 of 6
11-16.docx
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. 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.
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 the CONSULTANT makes no
warranty 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 the CONSULTANT reasonably relied upon and
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.
I:\Engineering\Tracy Taylor\James'Agreements\Brown&Caldwell\SW Util Credit Apps-City Fac-11- Page 2 of 6
11-16.docx
ARTICLE X. 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
Services.
The CONSULTANT shall perform the services under this AGREEMENT with
reasonable diligence and expediency consistent with sound professional practices. The
CITY agrees 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 XI. 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 Services dated October 27,2016 and attached hereto
In the event 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.
r
ARTICLE XII. PAYMENT
f
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 $21,335 (Twenty One Thousand Three
Hundred Thirty Five Dollars).
• Attached fee schedule(s) shall be firm for the duration of this AGREEMENT.
i
I:\Bngineering\Tracy Taylor\James'Agreements\Brown&Caldwell\SW Util Credit Apps-City Fac-11- Page 3 of 6
11-16.docx
B. Method of Payment. The CONSULTANT shall submit itemized monthly
statements for services. The CITY shall pay the CONSULTANT within thirty (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 XIII. HOLD HARMLESS
The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims, and demands which may be to the proportionate extent
f
caused by or result from the intentional or negligent acts of the CONSULTANT, his/her
agents or assigns, his/her employees, or his/her subcontractors related however remotely to
the performance of this AGREEMENT or be caused or result from any violation of any law
r
or administrative regulation, and shall indemnify or refund to the CITY all sums including
I 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 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.
i
I:\Engineering\Tracy Taylor\James'Agreements\Brown&Caldwell\SW Util Credit Apps-City Fac-11- Page 4 of 6
11-16.docx
i
t
ARTICLE XIV. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements.
ARTICLE XV. 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 ten (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 XVI. 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.
ARTICLE XVII 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.
E
i
i
I:\Engineering\Tracy Taylor\James'Agreements\Brown&Caldwell\5 W Util Credit Apps-City Fac_11-
11-16.docx Page 5 of 6
ARTICLE XVIII. 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
By:
G/
(Seal of Consult ad Lzel
if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By:
(Witness) Mark A. Rothloff, City Manager
And:
(Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
.-AL'ItyAttorney
City" Comp{troller-
1:\Engineering\Tracy Taylor\james'Agreements\Brown&Caldwell\SW Util Credit Apps-City Fac-11- Page 6 of 6
11-16.docx
Attachment A: Storm Water Utility Credit Applications for City of Oshkosh Facilities
FINAL: 10/27/16
I?CCLIVLD
ATTACHMENT A
OV F ii?15
SCOPE OF SERVICES
Storm Water Utility Credit Applications for City of Oshkosh Facilities
Oshkosh, WI
Project Background
Properties in the City of Oshkosh are charged a storm water utility fee based on the properties' impervious
area. The City's storm water utility program allows for reductions in the fee if certain conditions exist, or
measures are applied to a property that reduces storm water runoff peak flow or pollution load. Credits
are also allowed for properties that discharge storm water runoff to the Fox River, Lake Butte de Morts, or
Lake Winnebago without entering the City's storm water conveyance system. This project will prepare
storm water utility credit applications for selected city-owned properties as described below.
Scope of Work
1. Lakeshore Golf Course(2175 Punhoqua Street)
a. Conduct a site inspection of the property to verify riparian drainage areas for the property.
b. Using available City GIS and topographic information:
i. Delineate existing impervious area and update calculated area based on 2015
aerial photo.
ii. Delineate portion of property that drains directly to Lake Butte de Morts.
c. Calculate the runoff volume storage capacity of the existing golf course ponds based on
the ponds' drainage area. If the cumulative storage volume can hold the 10-year 24-hour
storm runoff volume,then the system will meet the maximum peak flow and pollution
control credits available.
d. Prepare a Non-Residential Storm Water Utility Credit Application Form, including
supporting documentation, for peak flow control and pollution control
2. Riverside Cemetery(1901 Algoma Boulevard;three parcels)
a. Conduct a site inspection of the property to verify drainage areas, existing storm sewer
inlets, and existing vegetated conditions that act to reduce peak flow and/or pollutant
discharge from the property.
b. Delineate drainage areas on the property and determine which basins qualify for the
"disconnected impervious area" hydrologic analysis(imperious area <30%). For these
identified basins run a TR 55 analysis to calculate the peak flow reduction achieved.
c. Conduct a WinSLAMM analysis to determine the minimum requirements to achieve a
40%TSS reduction
d. Prepare a Non-Residential Storm Water Utility Credit Application Form, including
supporting documentation,for peak flow control and pollution control
3. Public Works' Field Operations Facility(639 Witzel Avenue)
a. Conduct a site inspection of the facility with City representative to verify drainage areas
and treatment system (peak flow and pollution reduction)that exist on the property.
b. Review existing stormwater management plans and documents prepared for the site.
c. For each identified drainage system discharging from the property conduct the following
analyses:
i. Hydrologic/hydraulic modeling to verify/adjust the peak flow from the property
before and after re-development. The analyses will be conducted for the 10-year,
24 hours, SCS type II distribution with a rainstorm depth of 3.56 inches.
ii. WinSLAMM modeling of the facility with, and without the existing stormwater
pollution control measures to determine the percent TSS control achieved.
d. Prepare a Non-Residential Storm Water Utility Credit Application Form for peak flow
control and pollution control.
(I
k
Oshkosh SW Utility Credit App for 3 properties v6 Page 1 of 2
Attachment A: Storm Water Utility Credit Applications for City of Oshkosh Facilities
FINAL: 10/27/16
Assumptions
1. The work described in this scope includes one site inspection for each property
2. All information will be provided by the City from available file data, and will be relied upon
without independent verification.
3. The City will provide any applicable fees required by the credit application process.
Schedule
The scope of work will be completed within 60 days of the execution of this agreement.
Project Budget
BC proposes to perform the work as described in the Scope of Services on a labor rate table basis for a
fee not to exceed $21,335.00. The budget for each site is provided below and invoicing for the work will
identify the fees associated with each site.
Phase Phase Description Total Deduction for Time Net Budget
Effort Already Spent Request
4.1 Lakeshore Golf Course $8,752 ($2,085) $6,667
4.2 Riverside Cemetery $9,091 ($3,514) $5,577
4.3 Operations Facility $9,091 $0 $9,091
Total: $26,934 ($5,599) $21,335
Oshkosh SW Utility Credit App for 3 properties v6 Page 2 of 2
RECEIVED —
NOV 10 2016
Brown and Caldwell Schedule of Hourly Billing Rate - 201GEPT OF PUBLIC WORKS
OSHKOSH, WISCONSIN
Office/Support Services $60-$65
DrafterTrainee Field Service Technician I Word Processor 1 $62-$67
Office/Support Services 11
Assistant Drafter Field Service Technician 11 Word Processor 11 $63$68
Office/Support Services III
Drafter Accountanti
Engineering Aldo Field Service Technician III Word Processor 111 $65
Inspection Aide Office/Support Services IV
Engineer I Geologist/Hydrogeologist I
Senior Drafter Accountant II
Senior I Ilustrator Scientist I Word Processor IV $84-89
Inspector) Senior Field Service Technician
Engineer II Accountant III
Inspectoril Geologist/Hydrogeologist 11 Area Business Operation Mgr $88-$119
Lead Drafter Scientist 11 Technical Writer
Lead Illustrator Word Processing Supervisor
Engineer III
Inspectorlli Geologist/Hydrogeologist III Accountant IV
Senior Designer $105-$139
Supervising Drafter Scientist III Administrative Manager
Supervising Illustrator
Senior Engineer
Principal Designer Senior Geologist/Hydrogeologist SeniorTechnicalWdter $130$149
Senior Construction Engineer SeniorScientist
Senior Engineer
Principal Engineer Principal Geologist/Hydrogeologist
Principal Construction Engineer Principal Scientist Corp.Contract Administrator $150-$168
Supervising Designer
Supervising Engineer Supervising Scientist
Supervising Constr. Engineer Supervising Geologist/ Assistant Controller $168-$189
Supervising Engineer Supervising Hydrogeologist
Managing Engineer Managing Geologist/Hydrogeologist Area Bus Ops Mgr IV $190-$215
Managing Scientist
Chief Engineer Chief Scientist
Executive Engineer Chief Geologist/Hydrogeoiogist Corp Marketing Comm.Mgr. $200•$225
Vice President
The rates provided in this table apply from January 1-December 3l,2016.
AC RO " CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYv10
`� I 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 certificate holder is an ADDITIONAL INSURED,the policy(les) 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 CONTACT
444 W.47th Street,Suite 900 $_BCEIVED NAME:
PHONE FAX
(AICKansas City MO 64112-1906 E-MAIL E A/C No);
(816)960-9000 p 2016 ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Hartford Fire Insurance Company 19682
INSURED BROWN AND CALDWELL DEPT O F PUB ` INSURER B:Hartford Accident and Indemnity Company 22357
1310104 AND ITS WHOLLY OWNED S W&49, W ISCON SIN
U$1�I1� INsuRER c:Travelers Property Casualty Co of America 25674
AND AFFILIATES INSURER D:Lloyds of London
201 NORTH CIVIC DRIVE,SUITE 115 INSURER E:TWln City Fire Insurance Company 29459
WALNUT CREEK CA 94596
INSURER F:
COVERAGES * CERTIFICATE NUMBER: 13177147 REVISION NUMBER: xxxxx x
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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR POLICY NUMBER MM/DD/YY MM/DDNYY
A X COMMERCIAL GENERAL LIABILITY Y N 37CSEQUI 172 5/31/2016 5/31/2017 EACH OCCURRENCE $ 2,000,000
DAMAGE TO RENTED
CLAIMS-MADE 7 OCCUR PREMISES
(Ea occurrence)
ccur ence) $ 2,000,000
MED EXP(Any one person) $ 10,000
PERSONAL&ADV INJURY $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000
POLICYa JECOT- [X]LOC PRODUCTS-COMP/OP AGG $ 4,000,000
OTHER: $
A AUTOMOBILE LIABILITY Y N 37CSEQU1173 5/31/2016 5/31/2017 Ea accidenS
tINGLE LIMIT $ 2 OOO 000
X ANY AUTO BODILY INJURY(Per person) $ XXXYOX
ALL AUTOS OWNED SCHEDULED
AUTOS BODILY INJURY(Per accident) $ Xy,Y,Y,yy,X
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ X XXXXX
AUTOS Per accident
$ XXXXXXX
C X UMBRELLA LIAB X OCCUR Y N ZUP-10R71075 5/31/2016 5/31/2017 EACH OCCURRENCE $ 2,000,000
EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000
DED RETENTION $ XXXXXXX
B WORKERS COMPENSATION N X ER STATUTE ETH
AND EMPLOYERS'LIABILITY 37WNQU1170 5/31/2016 5/31/2017 .......,_......._
E Y/N 37WBR U1171 5/31/2016 5/31/2017
ANY PROPRIETOR/PARTNER/EXECUTIVE Q E.L.EACH ACCIDENT $ 2,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000
D PROFESSIONAL N N LDUSA1600482 5/31/2016 5/31/2017 $1,000,000 PER CLAIM&
LIABILITY AGGREGATE
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be 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 A PRIMARY AND NON-CONTRIBUTORY BASIS ON GENERAL,AUTO AND EXCESS/UMERELLA
LIABILITY COVERAGE,WHERE REQUIRED BY WRITTEN CONTRACT AND 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
OSH-18 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
MY OF OSHKOSH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ATTN:JAMES BABE ACCORDANCE WITH THE POLICY PROVISIONS.
215 CHURCH AVE. AUTHORIZED REPRESENTATIV
OSHKOSH WI 54903
, A
@ 1988L2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD