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HomeMy WebLinkAboutBrown and Caldwell and Oshkosh AGREEMENT This AGREEMENT, made on the I ST day of 2016, 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: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for WESTOWNE DETENTION BASIN RETROFIT DESIGN MODELING ASSISTANCE. 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 111. 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. I:\Engineering\2014CON7RACTS\14-21 WashbumStWtrQualDet Page 1 of 6 Basin\Project—Information\Contract Info\Consultants'Agreements\B&C\Modeling Assistj 1-17-16.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. 1:\Engineering\2014 CONTRACTS\14-21 Washbum St Wtr Qual Det Page 2 of 6 Basin\Project_Information\Contract Info\Consultants'Agreements\B&C\Modeling Assist_]1-17-16.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 November 11, 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. ARTICLE XII. 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 $6,844 (Six Thousand Eight Hundred Forty Four Dollars). 1:\Engineering\2014 CONTRACTS\1421 WashbumSt WtrQualDet Page 3 of 6 Basin\Project_Information\Contract Info\Consultants'Agreements\B&C\Modeling Assist_11-17-16.docx • Attached fee schedule(s) 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 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 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 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 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. 1:\Engineering\2014 CONTRACTS\14-21 Washburn St WtrQua]Det Page 4 of 6 Basin\Project_Information\Contract Info\Consultants'Agreements\B&C\Modeling Assist_11-17-16.docx i 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 PROTECT 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. 1:\Engineering\2014 CONTRACTS\14-21 Washbum St Wtr Qual Det Page rJ of 6 Basin\Project_Information\Contract Info\Consultants'Agmements\B&C\Modeling Assist_11-17-16.docx 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: L/ (Seal of Consultant Je, if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSI-TK- S By: , es RabeP.E., Director ctor of Public Works I:\Engineering\2014CONTRACTS\14-21 Washburn StWtrQualDet Page 6 of 6 Bisin\Project-Infomation\Contr,ict Info\Consultants'Agreements\B&C\Modeling Assist-11-17-16.docx RECEIVED NOV 112016 ATTACHMENT A DEPT OF PUBLIC WCill SCOPE OF SERVICES OSHKOSH, WISCOIvsi,v Westowne Detention Basin Retrofit Design Modeling Assistance City of Oshkosh Scope Overview This scope of services describes the tasks that will be conducted by Brown and Caldwell(BC)in support of the City's design effort for the Westowne Detention Basin Retrofit Design. Task 1 System Modeling—Hydrologic/Hydraulic Analysis 1. BC will conduct hydrologic/hydraulic modeling efforts of the detention basin watershed,and the detention basin design, using XP-SWMMT"'. The purpose of the modeling is to determine discharge and the water surface elevations under selected design storms given the stage-storage information that will be provided by City staff. 2. XP-SWMMT"' will be used to route flows through the existing (private) dry detention basins and City's storm sewers within the Westowne Basin's drainage area. The model will calculate the peak flow control under the design events specified. a) Construct a hydrologic/hydraulic model representing the drainage area, private dry detention basins and storm sewers within the public ROW that discharge to the project site. b) The following storm events will be modeled: 1-, 2-, 10-,25-,and 100-year, critical duration storm for the watershed,with rainfall depths and distribution from Midwest Climate Center Bulletin 71. c) The 1-, 2-, 3-, and 6-hour duration storm events will also be analyzed to determine if the critical duration for the detention basin differs from the critical duration for the watershed. The 100-year storm event will be modeled with these durations with rainfall depths and distribution from Midwest Climate Center Bulletin 71. 3. Confirm the stage-storage-discharge of the final design of the outlet structure. Task 2 WinSLAMM Modeling Assistance Assist City staff, and conduct QA/QC for the WinSLAMM model of the Westowne Detention Basin Design. BC will work with City Staff to advise on model file construction and verify the pollution control (TSS and TP)from the final basin design configuration. Task 3:Project Conference Call/Web-Based Meeting. In support of the scope of work,the budget allocates two (2) hours of time each for Caroline Burger, Mike Wegner, and Jim Bachhuber to conduct conference calls with City staff as needed. Assumptions: The scope and budget for this project were developed based on the following conditions and assumptions. 1. The City will: a) Be available for conference calls with BC representatives,if required, and make timely decisions regarding products developed under the scope of work. b) Provide the information listed below at no cost to the project. Furthermore, BC will rely upon this information for conducting the scope of work and will not conduct independent verification of the accuracy of this information. 1) Site development plans of private properties within the Westowne Basin drainage area showing drainage delineations, and private stormwater management practice(s)design information. 2) Westowne Basin re-design information including stage/area/discharge data of the basin, inlet(s)' invert elevations and pipe sizes, and outlet structure design details. Westowne Modeling Services ATTACHMENT A v3.docx 1 11/11/2016 2. For Task 2, BC has budgeted a total of 10 hours of time for Caroline Burger to work with City staff on review and comments. It is assumed City staff will: 1)construct the initial WinSLAMM model representing: 1)the drainage area,2)the existing public and private stormwater management practices that have pollution control functions, and 3)the re-designed Westowne Basin 3. This scope of work will be completed by December 31, 2016. 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$6,844.00. A detailed breakdown by task is provided below, however individual task budgets may vary so long as the total budget is not exceeded without express written agreement from the City. Phase Phase Description Total Labor /Task Hours Costs 001 System Modeling H&H Analysis 37 $4,386 002 WinSLAMM Modeling Assistance 10 $1,468 003 Project Conference Call/Web Based Meeting 6 $990 TOTAL 53 1 $6,844 Westowne Modeling Services ATTACHMENTA v3.docx 2 11/11/2016 RECEIVED - NOV 2 3 2016 DEPT OF pUBI_IC W Brown and Caldwell Schedule of Hourly Billing Rate - 26it<OsH, wisco ORKS NSJN Office/Support Services $60-$65 DrafterTralnee Field Service Technician I Word Processor $62-$67 Office/Support Services II Assistant Drafter Field Service Technician II Word Processor II $63-$68 Office/Support Services III Drafter Accountant I EngineeringAide Field Service Technician III Word Processor ill $65 Inspection Aide Office/Support Services IV Engineer I Geologist/HydrogeDlogist I Senior Drafter Scientist 1 Accountant II $84 89 Senior I Ilustrator Senior Field Service Technician Word Processor IV Inspector I Engineer II Accountant III Inspector 11 Geologist/Hydrogeologist II Area Business Operation Mgr $88$119 Lead Drafter Scientist it Technical Writer Lead Illustrator Word Processing Supervisor Engineer Ill Inspector Hi Geologist/HydrogeologistIII Accountant IV Senior Designer Scientistill Administrative Manager $105-$139 Supervising Drafter Supervising Illustrator SeniorEngineer Principal Designer Senior Geologist/Hydrogeologist SeniorTechnlcalWdter $130$149 Senior Construction Engineer Senior Scientist 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 Sclentlst Executive Engineer Chief Geologist/Hydrogeologlst Corp Marketing Comm.Mgr. $200-$225 Vice President The rates provided in this table applyfrom January i-December3l,2016, CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DDNYYY) 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(ies� must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies ma�,lf�404./Jntendorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lock-ton Companies CONTACT NOV 2 3 2ntNAME: 444 W.47th Street,Suite 900 'PHONE/CC,N ExtI: FAX No Kansas City MO 64112-1906 E•MAI (816)960-9000 1)i;i,!C ?AD DEpT OF 1' INSURERS AFFORDING COVERAGE NAIC# OSHi<0� 11, i >� INSURER A;Hartford Fire Insurance Company 19682 INSURED BROWN AND CALDWELL INSURER B:Hartford Accident and Indemni Company 22357 1310104 AND ITS WHOLLY OWNED SUBSIDIARIES INSURER C:Travelers Property Casualty Co of America 25674 AND AFFILIATES INSURER D:Lloyds of London 201 WALNUT CREEK CA 94596 NORTH CIVIC DRIVE,SUITE 115 INSURER E:Twin City Fire Insurance Company 29459 W 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 SUBR LTR TYPE OF INSURANCE INSDD POLICY NUMBER MMIDDY� MM/DDS LIMITS A X COMMERCIAL GENERAL LIABILITY Y N 37CSEQUI172 5/31/2016 5/31/2017 EACH OCCURRENCE $ 2 000 000 CLAIMS-MADE �OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 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 POLICY❑X JERCOT -LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Ni 37CSEQU 1173 5/31/2016 5/31/2017 EOa a8cid )INGLE LIMIT $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ XXX_XXXX X HIRED AUTOS Ix NON-OWNED PROPERTY DAMAGE AUTOS Per accident $ XXXXXXX $ XXXXXXX C X UMBRELLA LIAS X OCCUR Y N ZUP-IOR71075 5/31/2016 5/31/2017 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED I I RETENTION$ $ XXXXXXX WORKERS COMPENSATION _ B AND EMPLOYERS'LIABILITY N 37WNQU1 170 5/31/2016 5/31/2017 X STATUTE �RH E ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N37WBRQU1171 5/31/2016 5/31/2017 OFFICER/MEMBER EXCLUDED? NIA E.L.EACH ACCIDENT $ 2-000,000 (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 I LOCATIONS I 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/UMBRELLA 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 CITY OF OSHKOSH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: JAMES RABE ACCORDANCE WITH THE POLICY PROVISIONS. 215 CHURCH AVE. OSHKOSH WI 54903 AUTHORIZED REPRESENTATIV t` t ©1988 014 ACORD CORPORATION. All rights reserved. ACORD 26(2014/01) The ACORD name and logo are registered marks of ACORD