HomeMy WebLinkAboutBrown and Caldwell TID 34 & 35 Storm Water Support1t1 1
AGREEMENT
r-14
This AGREEMENT, made on the ;;�iday of 2018, by and
between the CITY OF OSHKOSH, party of the first part, Aereinafter 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 TID #34 AND #35 STORM WATER SUPPORT.
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.
I:\Engineering\2018CONTRACPS\18-14 Oshkosh Ave Area \Project_ Information\Contract Page 1 of 7
Info\Consultant Agreements\Brown & Caldwell\ 18-14 B&C Agreement-TID #34 & #35 SW Support _4-19-
18.docc
All reports, drawings, specifications, computer files, field data, notes, and other
documents and instruments prepared by the CONSULTANT as instruments of service shall
become 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.
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.
I:\Engineering\2018CONTRACPS\18-14 Oshkosh Ave Area\Project _Information\Contract Page 2 of 7
Info\Consultant Agreements\ Brown& Caldwell\ 18-14 B&C Agreement-TID #34 & #35 SW Support_4-19-
18.dooc
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.
The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or
hazardous waste site originated by other than the CONSULTANT.
ARTICLE IX. CITY'S INSURANCE
The CITY will maintain property insurance on all pre-existing physical facilities
associated in any way with the PROJECT.
The CITY will provide (or have the construction contractor(s) provide) a Builders
Risk All Risk insurance policy for the full replacement value of all project work including
the value of all onsite CITY -furnished equipment and/or materials associated with
CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of
such policy.
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
I:\Engineering\2018 CONTRACTS\18-14 Oshkosh Ave Area\ Project_Information\Contract Page 3 of 7
Info \Consultant Agreements \ Brown & Caldwell\ 18-14 B&C Agreement-TID #34 & #35 SW Support_4-19-
18.dooc
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 April 12, 2018 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:
0 Time and Materials Not to Exceed $23,245 (Twenty Three Thousand Two
Hundred Forty Five 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. 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.
I:\Engineering\2018 CONTRACTS\18-14 Oshkosh Ave Area\ Project_ Information\Contract Page 4 of 7
Info\Consultant Agreements\Brown & Caldwell\ 18-14 B&C Agreement-TID #34 & #35 SW Support _4-19-
18.dooc
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 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 XIV. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements.
I:\Engineering\2018CONTRACPS\18-14 Oshkosh Ave Area\ Project_Information\Contract Page 5 of 7
Info \ Consultant Agreements\Brown & Caldwell \ 18-14 B&C Agreement -T D #34 & 935 SW Support _4-19-
18.doot
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 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 XVII. 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.
I:\Engineering\2018 CONTRACTS\18-14 Oshkosh Ave Area\ Project_ Information\Contract Page 6 of 7
Info\Consultant Agreements\ Brown& Caldwell\18-14 B&C Agreement-TID #34 & #35 SW Support _4-19-
18.docx
ARTICLE XVIII. 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)
(Witness)
(Witness)
APPROVED:
4ttorney
CONSULTANT
By:
oywl-�-
oc--O,LLL4 4
(Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By:&---
MSrk A. Rohloff, City Manager
And: /)
Pamela R. Ubrig, City Clerk
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\18-14 Oshkosh Ave Area\ Projed_Infonnation\Contract Page 7 of 7
Info\Consultant Agreements\Brown & Caldwell\ 18-14 B&C Agreement-TID #34 & #35 SW Support_4-19-
18.docx
Exhibit A — Scope of Services and Compensation RECEIVED
City of Oshkosh TID #34 & #35 Stormwater Support APR 12 2018
April 12, 2018
DEPT OF PUBLIC WORKS
OSHKOSH, WISCONSIN
Sco e
This scope of services describes the tasks to be conducted by Brown and Caldwell (BC) in
support of the development of certain stormwater management measures for proposed land
development within TID #34 and portions of TID #35. Figure 1 (attached) defines the limits of
the Project Area.
The main goals of the stormwater management system will be to:
1) Achieve an 80 -percent Total Suspended Sediments (TSS) reduction from TID #34, and
2) Safely convey a portion of the runoff under all evaluated storm events from TID #34
and TID # 35 to Lake Butte des Morts.
A table in the Budget section of this document described the allocation of costs for the
described work between TIDs # 34 and #35 for each task. Careful tracking and invoicing will
identify charges against each TID.
Task #1: Size City Storm Sewers Proposed for North Koeller Street and North Westfield
Street within the Project Area.
BC will develop a hydrologic and hydraulic model (XPSWMMTM) for the TID #35 Project
Area. The model will be used to identify the pertinent storm sewer data (size, slope, invert
elevation, length, material) for new storm sewer in the North Koeller Street and North
Westfield Street extensions. The storm sewer will be sized to meet the following goals:
1) Goal 1: prevent the maximum water surface elevation from a 10 -year storm event at the
critical duration from surcharging above manhole rim elevations.
2) Goal 2: contain the 25 -year rain event within the ROW such that the road is passable
(defined as less than 6 inches of maximum depth above the manhole rim elevations).
3) Goal 3: to the maximum extent practicable, contain the 100 -year rain event within the
ROW.
4) Goal 4: Convey all runoff to the pond system.
A critical duration analysis will be conducted for the model. The 10 -year, 30 -minute, 1-, 2-, 3-,
and 6 -hour duration storm events (with rainfall depths and distributions from the Midwest
Climate Center Bulletin 71) will be analyzed to identify the critical duration event for the storm
sewer. The critical duration storm event will be defined as the event that produces the highest
peak water surface elevations in the storm sewer system.
Following the critical duration analysis, the model will be executed for 10-, 25-, and 100 -year
critical duration storm events (with rainfall depths and distributions from the Midwest Climate
Center Bulletin 71). Storm sewer design parameters (size, slope, invert elevation, length,
material) will be developed to meet the goals listed above.
Under this task, BC will also evaluate if Wisconsin stormwater regulations under NR 151 apply
to the proposed City street improvements on North Koeller Street, North Westfield Street and
Oshkosh Avenue. The Wisconsin Department of Natural Resources (WDNR) may be
contacted to confirm regulatory requirements.
Exhibit A TID 34-35 Stormwater - 2018-4-12 Page I of 5
Task #2: Construct and Execute a WinSLAMM model for the City's BMPs serving TID
#34.
BC will develop WinSLAMM model to estimate the average annual pollutant reduction for TSS
and Total Phosphorus (TP) for the proposed water quality BMP. The model will be consistent
with the requirements of current WDNR guidance documents.
Task #3: Prepare Planning Level Cost Estimate for City Storm Sewers within TID #35.
BC will develop planning level cost estimates for the TID #35 storm sewers defined under Task
#1. All unit costs used in the estimate will be verified and approved by the City.
Task #4: Hydrologic & Hydraulic Modeling of City Park Pond and Pump System.
BC will develop a hydrologic and hydraulic model (XPSWMMT") for the pond and pipe system in
the proposed City Park (former golf course) portion of the Project Area. In addition to the storm
events identified under Task #1, the model will be executed for the 2-, 10-, and 100 -year, 24-hour
storm event with rainfall depths and distributions consistent with City of Oshkosh Municipal Code
Chapter 14.
The hydrology from TID #34 into the City park will based upon input parameters and hydrographs
provided by R.A. Smith.
The purpose of the modeling is to represent the water surface elevations and duration of high water
elevations under the identified design storms and under the existing pond geometries, pipe
characteristics, and pump performances. If flood durations are unacceptable (with the existing inter -
pond culverts and pump performance), BC will conduct one additional modeling analysis using
culvert upgrades and/or increased pump capacity developed in consultation with the City.
The City will provide all necessary information for model input including pump performance of the
two existing pump stations. Under this analysis, it is assumed that the existing connecting culvert
which is located on the southern portion of TID #34 will no longer be functional under post -project
conditions.
The results of the analysis will be summarized (using graphical and tabular formats) and provided to
the City.,
Task #5: Prepare Planning Level Cost Estimate for Culvert Upgrades in City Park
Identified under Task #4.
If Task #4 shows a need for improved inter -pond culverts, BC will develop planning level cost
estimates for the improvements. All unit costs used in the estimate will be verified and
approved by the City.
Task #6: Hydrologic & Hydraulic Modeling of North Eagle Street Area and City Park
Pond/Pump System.
BC will develop a hydrologic and hydraulic model for the "Off -Site Storm Sewer" (identified on
Figure 1). An XPSWMMTM model will be constructed to represent the residential drainage area, the
storm sewers, the ponds, culverts, and pump station.
Exhibit A TID 34-35 Stormwater - 2018-4-12 Page 2 of 5
The modeling will assume that only direct surface runoff enters the City's storm sewers identified on
Figure 1. No overland flow enters or exits the storm sewer drainage area. The modeling also
assumes that the ponds on the City park east of TID #34 are no longer hydraulically connected to
ponds west of TID #34. The model input for the City park ponds, culverts, and pump performance
will be provided by the City.
A critical duration analysis will be conducted for the model. The 10 -year, 30 -minute, 1-, 2-, 3-, and 6 -
hour duration storm events (with rainfall depths and distributions from the Midwest Climate Center
Bulletin 71) will be analyzed to identify the critical duration event for the storm sewer. The critical
duration storm event will be defined as the event that produces the highest peak water surface
elevations in the storm sewer system.
Following the critical duration analysis, the model will be executed for 10-, 25-, and 100 -year
critical duration storm events (with rainfall depths and distributions from the Midwest Climate
Center Bulletin 71). The results will be summarized to determine if the City's goals for
stormwater management in developed areas are met (see Task #1). If goals are not met, BC will
review the model to attempt to identify the cause of flooding (i.e. backwater from pond system
or pipe capacity limitations). The results of the analysis will be summarized (using graphical and
tabular formats) and provided to the City.
Task #7: Technical Memorandum
A technical memo will be developed summarizing the analytical methodology, and results from the
Tasks #1 — #6 described above.
A draft memo will be prepared and provided to the City for review. Following review, the memo
will be finalized and a final memo delivered to the City. The final memo will be delivered as an
Adobe Acrobat Portable Document Format (pdf), along with two (2) hard copies.
Task #8: Project Meetings
The following meetings are anticipated for the project and included in the cost proposal.
• Kick-off Meeting — A kick-off meeting will be held via Web -Meeting with BC and City
Staff to discuss project schedule and data needs.
• Initial Analysis Review Meeting — A meeting will be held with BC and City Staff to
discuss the results of Tasks #1 through #6. BC will prepare materials (tables and/or
figures) to display the results and discuss the impacts of the proposed TID #34 and
TID #35 developments on the existing pond system. The results will be reviewed and
discussed with City Staff to determine if the initial scenario meets the stormwater
management goals. If the stormwater management system does not meet the goals,
potential modifications to the system will be discussed between BC and the City.
• Alternative Evaluation Review Meeting — A meeting will be held with BC and City Staff
to discuss the results of the alternative analysis. BC will prepare materials similar to the
initial analysis review meeting and discuss with the City to determine if the alternative
meets the stormwater management goals.
Schedule
BC anticipates initiating the project by April 16, 2018. Assuming the City's Notice to Proceed is
issued by this time, BC will commence work immediately and the final deliverables will be provided
to the City by July 16, 2018. This schedule assumes the City promptly provides supporting data
Exhibit A TID 34-35 Stormwater - 2018-4-12 Page 3 of 5
needed for the study and a five (5) day review period for the draft memo. Interim information will
be provided to the City as requested to meet the City's project needs.
Budget
The project shall be charged on a time and material not to exceed basis under the terms and
conditions of this agreement. The total project budget is $23,245.00.
The time charged to this project will be carefully recorded and reported to the City (via invoices)
showing the effort and costs associated with each TID. The table below summarizes the estimated
charges for each Task in the Scope.
Task
Estimated
Estimated
Estimated
#
Task Description
Budget
TID #34
TID #35
Cost
Cost
Size City Storm Sewers Proposed for North
1
Koeller Street and North Westfield Street within
$3,642
0%
100%
the Project Area
2
Construct and Execute a WinSLAMM model for
$1,900
100%
0%
the City's BMPs serving TID # 34
3
Prepare Planning Level Cost Estimate for City
$905
0%
100%
Storm Sewers within TID # 35
4
Hydrologic & Hydraulic Modeling of City Park
$3,988
37%
63%
Pond and Pump System
5
Prepare Planning Level Cost Estimate for Culvert
$905
o
37 /0
0
63/o
Upgrades in City Park Identified under Task 4
6
Hydrologic & Hydraulic Modeling of North Eagle
$3,362
100%
0%
Street Area and City Park Pond/Pump System
7
Technical Memorandum
$4,904
37%
63%
8
Project Meetings
$3,639
37%
63%
Total
$23,245
Assumptions
1. No survey or other field work is budgeted. Ground elevations will be based on existing LiDAR
data and City -supplied survey data.
2. The scope of work includes planning level cost estimates, it does not include an engineer's
opinion of probable cost.
3. The existing pump stations that discharge from the former golf course water hazards will
remain in place. All pump performance information will be provided by the City at no cost to
the project.
4. Conceptual modifications to the pumps may be evaluated as part of the alternative analysis.
Cost estimating for pump improvements is not included as part of this scope of work.
5. A HydroCAD model for the development within TID #34 will be provided by the City at no
cost to the project.
6. The hydrologic and hydraulic analysis conducted for all tasks does not include inlet capacity
analyses, inlet leads, privately -owned storm sewers, or privately -owned structural management
measures.
Exhibit A TID 34-35 Stormwater - 2018-4-12 Page 4 of 5
7. The hydrologic calculations will use TR -55 methodology.
8. There are no peak flow control requirements for the project area.
9. The scope of work does not include engineering drawings.
10. All site design work and stormwater infrastructure design within TID #34 and #35 is
being conducted by others.
11. Data required for stormwater analyses will be provided to BC at no cost to the project.
12. The scope of work does not include preparing permit applications, or a Stormwater
Management Plan (SWMP).
13. All work will be conducted in 2018.
Exhibit A TID 34-35 Stormwater - 2018-4-12 Page 5 of 5