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HomeMy WebLinkAboutRettler Corporation Sawyer Creek Park Master Planftw y Pr kR �Vk'�'td City f Oshkosh PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL DESIGN SERVICES SAWYER CREEK PARK MASTER PLAN THIS AGREEMENT, made on the 22nd day of SEPTEMBER, 2017 by and between the CITY of OSHKOSH, hereinafter referred to as CITY, and RETTLER CORPORATION, 3317 BUSINESS PARK DRIVE, STEVENS PT, WI 54482, hereinafter referred to as the CONSULTANT. WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement. 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 Professional Services Proposal dated September 19, 2017, and attached hereto. 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. CITY REPRESENTATIVE The CITY shall assign the following individual to manage this Agreement: (RAY MAURER, CITY OF OSHKOSH PARKS DIRECTOR) SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's attached Professional Services Proposal. CITY may make or approve changes within the general Scope of Services contained within the Professional Services Proposal and in this AGREEMENT. If such changes affect CONSULTANT's cost or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us RECORDS AND INSTRUMENTS OF SERVICE All reports, drawings, software, data, computer files, and other materials, documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. Any document related to this agreement, whether in electronic or paper form, is considered a public record and shall be provided to the City upon request. The contractor may provide the City with an explanation of why they believe any document should not be released to the public. The City shall make all final determinations regarding the existence or release of any document related to this agreement. TERM AND TERMINATION A. Term. This Agreement shall commence upon the date indicated above and shall terminate on February 28, 2018, unless terminated earlier by one of the parties as provided below. B. Termination. 1. For Cause. If either party shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the other party shall have the right to terminate this Agreement by written notice. In this event, the CONSULTANT shall be entitled to compensation to the date of delivery of the Notice. 2. For Convenience. The CITY may terminate this Agreement at any time by giving written notice to the CONSULTANT no later than 30 calendar days before the termination date. TIME OF COMPLETION 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, or failure of performance by the CITY. 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. 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. ASSIGNMENT Contractor shall not have the right to assign this Agreement without the written prior consent of the City. INDEPENDENT CONTRACTOR CONSULTANT is an independent contractor and is not an employee of the CITY. COOPERATION IN LITIGATION AND AUDITS Contractor shall fully and completely cooperate with the City, the City's insurer, the City's attorneys, the City's Auditors or other representative of the City (collectively, the "City" for purposes of this Article) in connection with (a) any internal or governmental investigation or administrative, regulatory, arbitral or judicial proceeding (collectively "Litigation") or internal or governmental Audit, with respect to matters relating to this Agreement; other than a third party proceeding in which Contractor is a named party and Contractor and the City have not entered into a mutually acceptable joint defense agreement. Such cooperation may include, but shall not be limited to, responding to requests for documents and/or other records, and making Contractor's employees available to the City (or their respective insurers, attorneys or auditors) upon reasonable notice for: (i) interviews, factual investigations, and providing declarations or affidavits that provide truthful information in connection with any Litigation or Audit; (ii) appearing at the request of the City to give testimony without requiring service of a subpoena or other legal process; (iii) volunteering to the City all pertinent information related to any Litigation or Audit; and (iv) providing information and legal representations to auditors in a form and within a timeframe requested. City shall reimburse Contractor for reasonable direct expenses incurred in connection with providing documents and records required under this paragraph and may require, at the City's sole discretion, such expenses to be documented by receipts or other appropriate documentation. Reasonable direct expenses include costs, such as copying, postage and similar costs; but do not include wages, salaries, benefits and other employee compensation. Contractor shall not be entitled to additional compensation for employee services provided under this paragraph. 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. 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. CONSULTANT may reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. 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. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the Agreement the amount as outline in the Cost portion of the Consultant's Professional Services Proposal. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within 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. 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, its agents or assigns, its employees, or its 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 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 CONTRACTOR harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CITY, its agents or assigns, its employees, or its subcontractors related to the performance of this Agreement or be caused or result from any violation of any law or administrative regulation, 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. It is the intention of the parties to this Agreement that each party shall be solely responsible for its own actions and activities and the actions and activities of its own officers, employees and agents while acting within the scope of their employment INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements for Professional Services. WHOLE AGREEMENT / AMENDMENT 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. NO THIRD -PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third -party beneficiaries. AGREEMENT NOT TO BE CONSTRUED AGAINST ANY PARTY This Agreement is the product of negotiation between the parties hereto and no term, covenant or provision herein or the failure to include a term, covenant or provision shall be construed against any party hereto solely on the basis that one party or the other drafted this Agreement or any term, covenant or condition contained herein. NO WAIVER Failure of either party to insist upon the strict performance of terms and provisions of this agreement, or any of them, shall not constitute or be construed as a waiver or relinquishment of that party's right to thereafter enforce such term or provision, and that term of the provisions shall continue in full force and effect. NON-DISCRIMINATION The Operator agrees not to discriminate in its operations under this Agreement on the basis of race, color, creed, age, and gender, or as otherwise prohibited by law. A breach of this covenant may be regarded as a material breach of this Agreement SEVERABILITY If any term, covenant, condition or provision of this agreement shall be invalid or enforceable, the remainder of this agreement shall not be affected thereby the remainder of the agreement shall be valid and enforceable to the fullest extent permitted by law. CHOICE OF LAW AND VENUE The laws of the State of Wisconsin shall govern the interpretation and construction of this Agreement. Winnebago County shall be the venue for all disputes arising under this Agreement. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and CONSULTANT hereunto set its hand and seal the day and year first above written. In the Presence of: (Seal of Contractor if a Corporation.) APPROVED: CONTRACTOR Name of Company/Firm By:L V - �s� o�nrT (Specify Title) CITY OF OSHKOSH Mark A. Rohloff, City Manager And: Pamela R. Ubrig, ity Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract City Comptroller City of Oshkosh — Professional Design Services Sawyer Creek Park Master Plan September 19, 2017 Scope of Services L Data Gathering A. Obtain base map information including survey and topographic information, in digital format, provided by City of Oshkosh, if available. Rettler Corporation will provide a topographic survey for remaining items. B. Conduct aerial analysis and provide aerial slides to review site conditions and for use at meetings. C. Obtain existing wetland, floodplain, environmental corridor, utility data, and soils mapping as provided by local regulatory agency (Winnebago County, WDNR, etc.). D. Review City of Oshkosh planning and zoning requirements/approvals required for future park facility development. ll. Site Analysis (2 Meetings) A. Prepare a base map of the existing site and analyze the following: 1. Topography and slope. 2. Drainage. 3. Soils. 4. Pedestrian circulation 5. Connections to school site trails. 6. Natural areas/environmental corridors. 7. Utility locations. 8. Vehicular traffic flow and parking. 9. Buildings and other facilities. 10. Future needs and expansion. 11. Existing trees/vegetation. 12. Adjacent land uses. B. Need Assessment 1. Facilitate kick-off meeting with staff to identify goals and objectives, schedule, and desired facilities to generate approximate spatial commitments to each activity proposed. Facilitate public, or user group workshop meeting and document comments for park planning input. Likely site components and other items to be evaluated include: a) Address neighborhood needs for the park. b) Identify strategies to lower maintenance costs. 'RETTLER corporation c) Parking and vehicular circulation. d) Identify existing environmental areas to be protected and enhanced in future development. e) Phasing considerations of future improvements. f) Site circulation including pedestrian and vehicular traffic interaction. g) Trail locations and trail types. h) Lighting, electric systems, and other utilities. i) Safety issues. j) Review adjacent property impacts. k) Overall site drainage (surface water and underground control systems). 1) ADA compliance. C. Summarize site needs list with approval from City of Oshkosh prior to proceeding. 111. Concept Plan Development (2 Meetings) A. Provide up to two (2) preliminary plan layouts. B. Present concepts to staff review team and neighborhood association for review and comment. C. Refine conceptual plan, provide and review preliminary cost estimate with staff. 1. Provide itemized cost estimate for site-specific improvements, utilizing Rettler Corporation construction cost estimates developed from similar projects in 2016 and 2017. 2. Recommend priority order within funding constraints. 3. Providing phasing cost estimates as developed with critical input from Owner. 4. Identify funding from other non -city organizations and regulatory bodies. 5. Identify potential permit applications from regulatory agency. D. Develop preferred conceptual plan(s), based on staff and neighborhood input. IV. Master Plan Development (3 Meetings) A. Develop final Master Plan for Park based on planning process completed to date. B. Present final Master Plan and cost estimates to Neighborhood Association, City of Oshkosh Parks Advisory Board, and Plan Commission. C. Provide copies of all presentation materials. D. One (1) 24" X 36" color rendering of the Final Plan. Provide rendering in digital format for use by Owner. 2 ]RETTLER corporation V. Compensation of Services A. All payments will be billed against the "Not to Exceed" total. B. If the Owner changes the Scope of Services after initiation of services, the Consultant has the right to renegotiate the compensation for the charged services. C. All governmental fees will be paid directly by the Owner. D. Periodic invoices will be submitted on a 30 -day basis. The billing amount will be determined based upon the current percent completion of services. E. Geotechnical services are not included. F. The following items are not included in this proposal. If required we will negotiate as needed. 1. Construction documents 2. Permit applications 3. Construction layout Vl. Schedule of Not to Exceed Payment A. Items I-IV....................................................................... $7,860.00 B. Wetland Determination Allowance ................................. $6,500.00 C. Topographic Survey ...................................................... $3,700.00 D. Boundary Survey.......................................................... $1,940.00 Rettler Corporation John V. Kneer, PLA, ASLA Date President City of Oshkosh Ray Maurer Parks Director Date _ 9 19-2017 'RETTLER corporation A,corro� CERTIFICATE OF LIABILITY INSURANCE °02/15/20 ice' 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 may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME ROWE INSURANCE DBA JOHN R ROWE ,CONNo Ext: 715-341-3435 A/C No): 1672 COUNTY HWY HH W E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# STEVENS POINT WI 54481 PH 715-341-3435 FX 715-344-1979 INSURER A: SECURA INSURANCE CO INSURED RETTLER CORPORATION INSURER B: 3317 BUSINESS PARK DR. INSURERC: STEVENS POINT W. 54481 INSURER D: MED EXP (Any one person) $ cj 000 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 100337 REVISION NUMBER: 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. ILTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF MOLIC YYYY POLICY EXP FOLIC EXP LIMITS A GENERAL LIABILITY X X BP3012881-4 7-1-2017 7-1-2018 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE To RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ cj 000 CLAIMS -MADE � OCCUR X GC 2010 & CG2037 PERSONAL & ADV INJURY $ 1,000,000 OR EQUIVALENT GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO- JECT LOC $ A AUTOMOBILE LIABILITY X X A3066228-4 7-1-2017 7-1-2018 Ea aBlcident) IN L LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAR I OCCUR X X CU3045985 7-1-2017 7-1-2018 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB X CLAIMS -MADE DED I X I RETENTION $ 10,000 $ A WORKERS COMPENSATION YIN AND EMPLOYERS' LIABILITY ANY OFFICER/MEMBER EXCLUDED? PROPRIETORIPARTNER/EXECUTIVE FN—] (Mandatory in NH) N / A WC3012882 7-1-2017 7-1-2018 X W TATO- TH- E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ADDITIONAL INSUREDS- PER ATTACHED ENDORSEMENTS.. CIRTIFICATES OF INSURANCE ACCEPTABLE TO THE CITY OF OSHKOSH SHALL BE SUBMITTED PRIOR TO COMMENCEMENT OF THE WORKTO THE APPLICABLE CITY DEPARTMENT. THESE CERTIFICATES SHALL CONTAIN A PROVISION THAT COVERAGE AFFORDED UNDER THE POLICIES WILL NOT BE CANCELLED OR NON -RENEWED UNTIL AT LEAST 30 DAYS PRIOR WRITTEN NOTICE HAS BEEN GIVEN TO THE CITY CLERK -CITY OF OSHKOSH V Lf\rrr-rVNrC f1VLYCR CITY OF OSHKOSH, ATTN: CITY CLERK 215 CHURCH AVE PO BOX 1130 OSHKOSH, WI 54903-1130 FX 920-236-5039 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD