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HomeMy WebLinkAboutBrown & Caldwel Site Plan Review 2018[SOD'S AGREEMENT This AGREEMENT, made on the day oa2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafteas 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 SITE PLAN REVIEW SERVICES FOR 2018. 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 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 The CONSULTANT shall provide the services described in the CONSULTANT's Scope of Services. The 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. Services included in Task 1 are detailed in the CONSULTANT'S Scope of Services. I:\Engineering\2018CONPRACCS\B&C2018Site Plan Review \Agreement_11-22-17.dorx Page 1 of 6 Services included in Task 2 of the CONSULTANT's Scope of Services will be detailed further within individual Task Order Authorizations. A sample Task Order Authorization form is attached 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 become the property of the CITY upon payment for those documents by the CITY to the CONSULTANT, and 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. I:\Engineering\2018CONTRACTS\B&C2018Site Plan Review\Agreement_11-22-17.docx Page 2 of 6 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. 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 IX. 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 16, 2017 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 X. 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 $50,000 (Fifty Thousand Dollars). • 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 I: \ Engineering \ 2018 CONTRACTS \H&C 2018 Site Plan Review \ Agreement_11-22-17.docx Page 3 of 6 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 XI. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify the CITY for all sums including court costs, attorney fees, and damages of any kind which the CITY may be obliged or adjudged to pay on any such claims or demands upon 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 XII. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. I: \ Engineering \2018 CONTRACTS \B&C 2018 Site Plan Review \ Agreement_11-22-17.do« Page 4 of 6 ARTICLE XIII. 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 XIV. 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. The 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 XV. SUSPENSION, DELAY, OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. 1: \ Engineering\2018 CONTRACTS \ B&C 2018 Site Plan Review \ Agreement_11-22-17.do« Page 5 of 6 ARTICLE XVI. NO THIRD -PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third -party beneficiaries. In the Presence of: (Seal of Consultant if a Corporation) CONSULTANT By: P�P -I (Speci itle) By: (Specify Title) CITY OF OSHKOSH By: (Witness) Mark A. Rohloff, City Manager (Witness) And: Pamela R. Ubrig, City lerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. City Comptroller I: \ Engineering \ 2018 CONTRACTS \ B&C 2018 Site Plan Review \ Agreement_11-22-17.doc Page 6 of 6 Site Plan Review Services, 2018 11/16/17 ATTACHMENT A SCOPE OF SERVICES Site Plan Review Services, 2018 City of Oshkosh Overview RECEIVED Nov 16 2017 D'FTT OF PUBLIC OSHKOSH, WISCONSIN This scope of services describes the tasks that will be conducted by Brown and Caldwell (BC) as requested by the City of Oshkosh related to site plan reviews for stormwater management compliance. The relevant stormwater regulations for these reviews are: NR 151, NR 216 (State of Wisconsin) and Chapter 14 (City of Oshkosh). The review will also include compliance related to site grading. Scope of Work Task 1 Project Meetings and Project Management If requested by the City, BC will meet with the City to conduct face-to-face project meetings. At the City's discretion, the meetings may include the developers of the site plan projects. This task also includes the project management necessary to make sure the project tasks remain on schedule, on budget, and meet quality requirements. Task 2 Conduct Site Plan Reviews 1. Upon request by the City, BC will conduct site plan reviews of pending new- and re- development sites under the jurisdiction of the City through the City's Evolve software system. The reviews will be assigned to the BC by the City on an "as needed" basis. Through the Evolve system BC will: a. Review submitted documents for completeness in accordance with the City's policies and guidance documents and note if the submittal is incomplete. b. Other comments related to the submitted information will be recorded in the Evolve system. c. The review comments prepared and submitted by BC will be discussed at the weekly Site Plan Review meeting with City staff. BC will make revisions to the site plan comments in the Evolve system based upon the discussions with City staff at the weekly meeting. Work under this task will be conducted using a "Task Order" approach. The City will request reviews to be conducted, and BC will develop a Task Order scope for the City's approval to conduct the work. Assumptions: The scope and budget for this project were developed based on the following conditions and assumptions. 1. The Client agrees to: a) Meet with BC representatives, if required, and make timely decisions regarding design details, b) Provide all criteria and full information as to Client requirements for the Project, attend Project -related meetings, provide interim reviews on an agreed-upon schedule, and generally participate in the Project to the extent necessary to allow BC to perform the Services. 2. The City will provide BC access to, and login requirements for, the Evolve software system. 3. BC will conduct the reviews listed under Task 2 to meet the scheduled Site Plan Review Site Plan Review Services -2018 Scope v2.docx Site Plan Review Services, 2018 11/16/17 meeting as directed by the City's Site Plan Review Coordinator. It is assumed that BC will have a minimum of 3 days to conduct an initial review of a site plan. BC will conduct the reviews as expediently as possible in the event the schedule calls for a review in less than 3 days. 4. Invoicing from BC will identify the site plan and/or project name, the associated labor review hours and labor costs for each site plan. 5. The scope of work is conducted in the 2018 calendar year. 6. BC will provide a review of the site plan for general compliance with City of Oshkosh stormwater requirements. All responsibility for the project design to meet Oshkosh, state and federal codes and standards remains with the project's Engineer of Record or Architect. Project Budget: The initial project budget is $50,000.00. The number of plan reviews to be conducted is unknown at this time. Also, the level of effort for each plan review will vary depending on the complexity of the site. The scope of work described above will be conducted at the City's request and BC will inform the City of the budget status as each plan review is conducted. If the overall effort for conducting the plan reviews exceeds 90% of the current budget, the City will be notified and a contract amendment will be negotiated to conduct additional requested work. Site Plan Review Services_2018 Scope v2.docx BROWN AND CALDWELL/CITY OF OSHKOSH Task Order Authorization: Task Order #: BC Project Number: City Reference: Contract # Client Name: City of Oshkosh Department of Public Works Client Address: PO Box 1130, Oshkosh, WI 54903 Authorized Representative of Client: John Ferris, P.E, Civil Engineering Supervisor Upon execution of this Task Order, the parties agree that Brown and Caldwell shall perform the following services: SCOPE OF SERVICES See attached Exhibit A entitled "Scope of Services and Compensation." COMPENSATION See attached Exhibit A entitled "Scope of Services and Compensation." GENERAL TERMS AND CONDITIONS Brown and Caldwell's services shall be governed by the terms and conditions of the Agreement dated 'together with this Task Order and any Exhibits attached hereto. This Task Order shall be effective only upon date of signature of an authorized representative of the City of Oshkosh. BROWN AND CALDWELL Signature Name Title Date Nov Signature Name Title Date I:\Engineering\2018CONTRACTS\B&C 2018Site Plan Review\ Blank Task Order_ I1-22-17.doc Page 1 of 1 RECEIVED NOV 2 2 2017 Brown and Caldwell Schedule of Hourly Billing Rate - 2T OF PUBLIC WORKS OSHKOSH, WISCONSIN The rates provided in this table apply from January 1 -December 31, 2018. Brown and Caldwell 2018 Schedule of Hourly Billing Rate.docx Office/Support Services $62468 DrafterTrainee Field Service Technician I Word Processor 1 $64470 Office/Support Services II Assistant Drafter Field Service Technician II Word Processor 11 Office/Support Services III $66-$71 Drafter Accountant Engineering Aide Field Service Technician III Word Processor III $68-$71 Inspection Aide Office/Support Services IV Engineer I Geologist/Hydrogeologist I Senior Drafter Scientist) Accountant 11 $87-93 Senior Illustrator Senior Field Service Technician Word Processor IV Inspector I Engineer II Accountant III Inspector II Geologist/ Hyd rogeologist 11 Area Business Operation Mgr $92-$124 Lead Drafter Scientist II Technical Writer Lead Illustrator Word Processing Supervisor Engineer III Inspector III Senior Designer Geologist/HydrogeologistIII Accountant IV $109-$145 Supervising Drafter Scientist III Administrative Manager Supervising Illustrator Senior Engineer Principal Designer Senior Geologist/Hydrogeologist SeniorTechnical Writer $135-$155 Senior Construction Engineer Senior Scientist Senior Engineer Principal Engineer Principal Construction Engineer Principal Geologist/Hydrogeologist Corp. Contract Administrator $156-$175 Supervising Designer Principal Scientist Supervising Engineer Supervising Scientist Supervising Constr. Engineer Supervising Geologist/ Assistant Controller $175-$197 Supervising Engineer Supervising Hydrogeologist Managing Engineer Managing Geologist/ Hyd rogeologist 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 apply from January 1 -December 31, 2018. Brown and Caldwell 2018 Schedule of Hourly Billing Rate.docx