The URL can be used to link to this page

Home My WebLink AboutApplied Ecological Services & Oshkosh 2017 4"_ CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE,P.O.BOX 1130,OSHKOSH,WI 54903-1130 PHONE: (920)236-5065 FAX(920)236-5068 LETTER OF TRANSMITTAL To: Mark O'Leary Date: January 27,2017 Applied Ecological Services Subject: Executed Agreement for 2017 PO Box 256 Endangered Species or Threatened Brodhead,WI 53520 Resources Assistance Please find: M Attached ❑ Under Separate Cover ❑ Copy of Letter Z Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: F For Approval Z For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is the executed agreement for the 2017 endangered species or threatened resources assistance. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. City Clerk's-Original .._..__...___..-- cc: ..............cc: File-Original Signed: Tr Tayloo I:\Engineering\2017 CONTRACTS\Endangered-Threatened Resources\AES LOT-Executed Agreement_1-27-17.docx AGREEMENT This AGREEMENT,made on the Q day of__„ 017,by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITV,sand APPLIED ECOLOGICAL SERVICES, PO Box 256, Brodhead, WI 53520, 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 for ENDANGERED SPECIES OR THREATENED RESOURCES ASSISTANCE FOR CALENDAR YEAR 2017 CAPITAL IMPROVEMENT PROJECTS. ARTICLEI PROTECT MANAGER . PROC A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Mark O'Leary—Principal Ecologist 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 AGREEMENT: John Ferris,P.E.—Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK i The CONSULTANT shall provide the general services described below: • On-call consulting to the CITY for compliance with Wisconsin Statute 23.27(3)(b): o Certified Endangered Resource Reviews o Endangered Resource Surveys(only as needed,if required by the project) • Assistance relative to Wisconsin Department of Natural Resources permits that require clearance per Wisconsin Statute 23.27(3)(b): o Preparing Incidental Take(IT)Permit/Authorization applications o Developing conservation plans o Assisting the CITY to be sure that conditions of the IT Permit could be met by the City of Oshkosh L\Engineering\2017 CONTRACTS\Endangered-Threatened Resources\AES Agreement_1-16-17.docx Page 1 of Jr' These services will be detailed further within individual Project Authorizations. Project Authorization form is attached to this AGREEMENT. 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 N. 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. 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 VI. 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 Project Authorization. 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. L\Engineering\2017 CONTRACTS\Endangered-Threatened Resources\AES Agreement_1-16-17.docx Page 2 of 5 ARTICLE VII. 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. Individual Project Authorization Form In the event that 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 VIII. 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$20,000(Twenty Thousand Dollars). • 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. All Project Authorization Forms shall have a unique task code assigned. All invoices shall clearly identify invoice amount per task code. 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 IX. HOLD HARMLESS i i 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 P €i 1 1:\Engineering\2017 CONTRACTS\Endangered-Tlueatened Resources\AES Agreement_1-16-17.docx Page 3 of 5 1 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 dam_vae_c.. to rrip_mn"n nr nrr_n"nre"r_t'Jr "b wt of re-use of the documents Jlt'nur Cniwenx where L SuCir 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 X. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XI. 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. f 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 XII. RE-USE OF PROJECT DOCUMENTS [ All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in haul rnpv nr in P lertrnnir fnrm are instnimen±s of service For this PTROTUCT < k44 o 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 XIII. 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. i L\Engineering\2017 CONTRACTS\Endangemd-Threatened Resources\AES Agreement_I-16-17.docx Page 4 of 5 E {f p€p i l ARTICLE XIV. 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 "k- By: `- Asst-,_-IeLrCA&n4 (Seal of Consultant'�,,ekye if a Corporation.) (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: Z4!10�___�, (Witness) Md,k A.Rohloff,City Manager AndIli : (Witness) Pamela R.Ubrig,City Clerk APP OVER: I hereby certify that the necessary provisions VED have been made to pay the liability which will accrue under this AGREEMENT. C? A torney City Comptroller L\Engineering\2017 CONTRACTS\Endangered-Threatened Res=ces\AES Agreement_1-16-17.doex Page 5 of 5 PROJECT AUTHORIZATION NUMBER ("Work Order") Owner: City of Oshkosh Department Public Works Authorized Office: 215 Church Avenue P.O.Box 1130 Oshkosh Wisconsin 54903-1130 Owner Authorized Representative: iohn Ferris P.E.,Civil Engineering Supervisor Owner Invoicing Contact: Tracy Taylor City of Oshkosh Department of Public Works PO Box 1130 Oshkosh,WI 54903-1130 Telephone No.: (920)236-5065 FAX No.: (920)236-5068 E-Mail Address: ttaylor@ci.oshkosh.wi.us Applied Ecological Services Project Number: City of Oshkosh Purchase Order Number: PO# The authorizing office requires performance of the following described Services: I i j Form of Compensation: ® Time and Materials Not to Exceed: $ Additional Terms and Conditions: None Authorized Services shall be performed in accordance with the terms and provisions of the agreement between Applied Ecological Services and the City of Oshkosh,dated January 27,2017. This Project Authorization shall be effective only upon date of signature of an authorized representative of the City of Oshkosh. Applied Ecological Services City of Oshkosh Department of Public Works i Authorized Representative Signature Authorized Representative Signature John Ferris,P.E. Authorized Representative Name Authorized Representative Name Date: Date: I:\Engineering\2017 CONTRACTS\Endangered-Threatened Resources\AES Agreemnt-Blank Proj Auth_1-16- Page 1 of 1 17.docx ®n®wP79®APPLIED Exhibit A: RATE SCHEDULE REcF1vEr ®� *A ECOLOGICAL Rates or Consultants and Support Services c MMUM -NJIMSERVICES f Pp JAN 2 7 2017 PROFESSIONAL TITLE RATE DEPT OF PUBLIC WOItI<S Principal Ecologist $ 150—250/houOr HKOSH, WISCONSIN Principal Ecotoxicologist $ 170—200/hour Principal Environmental Engineer $ 130—190/hour Senior Communications Consultant $ 170/hour Senior Ecologist $ 110—160/hour Senior Engineer $ 130—180/hour Senior Geologist $180—200/hour Senior Hydrologist $ 100—150/hour Senior Landscape Architect/Planner $ 130-200/hour Landscape Architect $ 100—170/hour Staff Cartographer/GIS analyst $ 80-140/hour Staff Ecologist $ 80—140/hour Staff Engineer $ 110—160/hour Staff Biologist $ 100—150/hour Staff Ecological/Landscape Designer $ 75—125/hour Associate Ecologist $ 50-70/hour Associate Ecological/Landscape Designer $ 50—75/hour CADD/GIS Draftsperson $ 75—125/hour Technical Assistant $ 60/hour Clerical $ 60—75/hour OTHER SERVICES I Construction Oversight $ 80-120/hour Technical Writing $ 100/hour Automated Data Compliance/Processing $ 40/hour GPS System $250/day i E jj EXPENSES Transportation mileage $ 0.60/mile Per Diem $ 50/person/day Computer Plotting—Black and White $ 1.50/square foot Computer Plotting-Color $ 3/square foot Black and White Copies and Prints $ 0.10/page Color Copies and Prints $ 0.25/page 11 x 17 prints—color $ 2/sheet CD burning $ 1 each DVD burning $ 5 each Scanning—small document $ 0.10/page Scanning—large document $ 3.50/square foot __GPS Equipment _ _ $ 250/day Computer Processing $ 35/hour Corporate Plane Air Fare $ 2.85/mile Any additional services Cost plus 15% Air or public transportation Lodging Supplies, maps,documents,data sets Analysis of soil and water samples Ecotoxicology samples Reprographics Specialized equipment *Time spent in providing testimony for legal proceedings will be billed at double the normal hourly rate. *All rates are subject to change. Updated June 17,2015 I I i