HomeMy WebLinkAboutBrown & Caldwell & Oshkosh (2) AGREEMENT
This AGREEMENT, made on thelcz day of 2017, by and
between the CITY OF OSHKOSH, party of the first part, hereinafter r4erred to as CITY,
and BROWN AND CALDWELL, 8383 Greenway Boulevard, 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 POLLUTION PREVENTION
PLAN FOR PUBLIC WORKS' FIELD OPERATION FACILITY.
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 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
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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.
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.
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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. ASBESTOS OR HAZARDOUS SUBSTANCES
If asbestos or hazardous substances in any form are encountered or suspected,
CONSULTANT will stop its own work in the affected portions of the PROJECT to
permit testing and evaluation.
If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos
remediation activities using a qualified subcontractor at an additional fee and contract
terms to be negotiated.
If hazardous substances other than asbestos are suspected, CONSULTANT will,
if requested, conduct tests to determine the extent of the problem and will perform the
necessary studies and recommend the necessary remedial measures at an additional fee
and contract terms to be negotiated.
CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or
hazardous waste site originated by other than the CONSULTANT.
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
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
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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 Services dated December 29, 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 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 $10,105 (Ten Thousand One Hundred
Five Dollars).
0 Attached fee schedule 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.
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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
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.
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
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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 XV. 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 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.
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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
By:
(Seal of Consultant
if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By:
itnes4T Mark A. Rohloff, City Manager
And:
it-n e s()
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.
ttorn
City Comptroller
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Attachment A: Public Works' Field Operations Facility SWPPP - _ RECEIVED
12/29/2016 =
ATTACHMENT A DEC 2 2016
DEP'V OI: pUBLIC WORKS
OStH,�OSH, WISCONSIN
SCOPE OF SERVICES
Storm Water Pollution Prevention Plan for Public Works' Field Operations Facility
Oshkosh, WI
Project Background
Under the City of Oshkosh's MS4 Permit(Section 2.6.7) the City is required to prepare a storm water
pollution prevention plan (SWPPP)for municipally owned facilities. This Attachment A describes the
scope of work and budget to conduct a SWPPP for the Public Works' Field Operations Facility located at
639 Witzel Avenue.
Scope of Work
Task 1: Conduct Interview Meeting with Selected Facility Staff and Site Inspection
Brown and Caldwell (BC)will meet with key staff from the Field Operations Facility and/or Engineering
Division. The purpose of the face-to-face meeting is to: identify the activities at the facility that may
impact stormwater quality, and identify individual(s)who will be the primary contact people for the
facility related to storm water compliance. Also, at the meeting information will be provided as to the
location and quantity of material stored at the facility that has the potential for a spill or contact with
stormwater.
As a part of this meeting, a walk-through site inspection of the facility will be conducted to observe
these and other activities that may impact stormwater.
Task 2: Evaluate Facility Activities
BC will review available construction plans and conduct a field investigation (to be conducted at the
same time as work described in Task 1) at the facility to determine:
1) The locations of major activities and material storage areas. Material to be included in the
storage inventory include, but are not limited to, the following:
• Fuel • Road salt • Yard waste
• Motor oil . Road sand . Bulk soil
• Hydraulic fluid • Other de-icer materials . Construction materials
• Solvents • Recycling material
• Oil recycling containers • Solid waste
• Paint
2) Drainage patterns, potential sources of storm water contamination, and discharge points.
3) Identify existing structural best management practices (BMPs).
4) Identify nearby receiving waters or wetlands.
5) Identify connections to the MS4 system.
Task 3: Preparation of the Plan
BC will prepare a document for review by the City. The document will include the following
information:
1) The name and contact information for the identified representative(s)with overall
responsibility at the facility.
2) A map of the facility drawn to scale with the information and features identified under Task 2.
3) A description of the existing good housekeeping activities and the structural best
management practices that exist on the site.
Oshkosh SWPPP Attachment A v2 Page 1 of 2
`Attachment A: Public Works' Field Operations Facility SWPPP
12/29/2016
4) Recommendations for improvements to current storm water management practices at the
facility and a timeline for installation and/or implementation of these recommendations.
5) Information on inspections of the facility to identify and address potential sources of storm
water contamination.
6) Describe existing employee training programs on storm water pollution prevention at the
facility and/or recommend a program if not exists.
7) Describe the spills prevention and response procedures for the facility.
A draft plan will be provided to the City for review. Upon receipt of City comments a final plan will be
prepared. The deliverable will include three (3) hard copies of the plan plus a digital (PDF)format.
Assumptions
1. The work described in this scope includes one field day for site visit.
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 the qualified staff to respond to the interview information needs and to
accompany the BC staff on the site inspection described under Task 1.
4. One in-person meeting is budgeted.
Schedule
The scope of work will be completed within 120 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 $10,105.00.
Oshkosh SWPPP Attachment A v2 Page 2 of 2
RECEIV ET3
Brown and Caldwell Schedule of Hourly Billing Rate --2017 201
DEC ?
1_IC woRI4S
• - _coNSIN
Office/Support Services 1 $62-$68
DrafterTrainee Field Service Technician I Word Processor l $64-$70Office/Support Services 11
Assistant Drafter Field Service Technician II Word Processor 11 $66-$71
Office/Support Services III
Drafter Accountant l
Engineering Aide Field Service Technician III Word Processor III $68-$71
Inspection Aide Office/Support Services IV
Engineer)
Geologist/Hydrogeologist I
Senior Drafter Scientist i Accountant 11 $87-93
Senior Illustrator Word Processor IV
Inspector I Senior Field Service Technician
Engineer II Accountant 111
Inspector 11 Geologist/Hydrogeologist If Area Business Operation Mgr $92-$124
Lead Drafter Scientist 11 Technical Writer
Lead Illustrator Word Processing Supervisor
Engineer III
Inspector III Geologist/Hydrogeologist III Accountant IV
Senior Designer Scientist III Administrative Manager $109-$145
Supervising Drafter
Supervising Illustrator
Senior Engineer
Principal Designer Senior Geologist/Hydrogeologist Senior Technical Writer $135-$155
Senior Construction Engineer Senior Scientist
Senior Engineer
Principal Engineer Principal Geologist/Hydrogeologist
Principal Construction Engineer Principal Scientist Corp.Contract Administrator $156-$175
Supervising Designer
Supervising Engineer Supervising Scientist
Supervising Constr. Engineer Supervising Geologist/ Assistant Controller $175-$197
Supervising Engineer Supervising Hydrogeologist
Managing Engineer Managing Geologist/Hydrogeologist Area Bus Ops Mgr IV $198-$224
Managing Scientist
Chief Engineer
Chief Scientist
Executive Engineer Chief Geologist/Hyd rogeologist Corp Marketing Comm.Mgr. $208-$234
Vice President
The rates provided in this table applyfrom January 1-December 31,2017.
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Brown and Caldwell 2017 Schedule of Hourly Billing Rate