HomeMy WebLinkAbout17. Professional Service Agreement- Brown & CaldwellCity
o�
Oshkosh
MEMORANDUM
DATE: November 16, 2018
TO: Honorable Mayor and Members of the Common Council
FROM: Mark A. Rohloff, City Manager
RE: Professional Services Agreement for 2019 Site Plan Review Services /
Brown and Caldwell ($50,000)
The Department of Public Works requested a proposal from Brown and Caldwell to provide site review
services for the 2019 calendar year. These services will include, but are not limited to, reviewing private
development plans for compliance with the City of Oshkosh Municipal Code and the State of Wisconsin
Administrative Code.
Brown and Caldwell was chosen due to their familiarity with the City of Oshkosh Municipal Code, the
State of Wisconsin Administrative Code, and their experience doing this type of work for the City of
Oshkosh. The Brown and Caldwell staff have performed these services on an "as needed" basis for the
City of Oshkosh previously, and the same staff will continue to provide these services on an "as needed"
basis.
Fees charged by Brown and Caldwell for each site plan review will be charged back to the private
developer for each site, resulting in no fiscal impact to the City.
Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized
nature, including engineering services, may be procured without the use of formal, sealed quotes. In
accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this professional
services agreement.
MAR/jer
I: \ Engineering\2019 CONTRACTS\ B&C 2019 Site Plan Review\ B&C -2019 Site Plan Review Sery Memo_11-
16-18.docx
AGREEMENT
This AGREEMENT, made on the day of , 2018, by and between
the CITY OF OSHKOSH, party of the first part, hereinafter 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 SITE PLAN REVIEW SERVICES FOR 2019.
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 I. 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
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.
1: \ E?ngireering\2019 CON['RACTS\B&C 1019 Site Plan Review\B&C Site Plan Review Agmment. 11- Page 1 Of 6
14.18.dooc ...
Services included in Task 2 of the CONSULTANT's Scope of Services will be detailed
further within individual Project Authorizations. A sample Project 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 SCHEDULE
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.
1: \Sngi firing\2019 CONIRAC2SlB&C 21119 Site Plan AeviewlB&C Site Plan Review Agnement_.11-
14-18.doa 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.
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.
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 14, 2015 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
1:1 Hngineering \2019 CONWACTSIB&C 2019 Site Plan ReviewlBiC Site Plan Review AgreemeM_11-
16-la.d0a 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.
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.
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements.
l: Engireec \2019 CONTRACMB&C 2019 Site Plan ReviewSB&C Site Plan Review Agreement_ 11-
1E-1a.aoa 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: \ Engirwering\2019 CONTRAC MXB&C 2019 Site Plus. Rrview \D&C Site Plan Review Agreement 11• Page 5OE 6
It-18.do
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:
(Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By:
(Witness)
Mark A. Rohloff, City Manager
And:
(Witness)
Pamela R. Ubri& City Clerk
APPROVED:
I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
City Attorney
City Comptroller
IAErg oe�Iwi9rnNMrrsIB&C m»stue�xe�keacsuerknr"wAgmement 11- Page of 6
Site Plan Review Services, 2019
11/14/2018
ATTACHMENT A
SCOPE OF SERVICES
Site Plan Review Services, 2419
City of Oshkosh
Overview
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
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 attend these meetings via
telephone. 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 -2019 Scope V3
Site Plan Review Services, 2019
11/14/2018
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.
Invoicing from BC will identify the site plan and/or project name, the associated labor review
hours and labor costs for each site plan.
All work conducted under this contract will take place between January 1 — December 31,
2019
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.
Prolect Buda t•
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 v3
PROJECT AUTHORIZATION NUMBER
("Task Order")
Owner: City of Oshkosh Department Public Works
Authorized Office: 215 Church Avenue, P.O. Box 1130, Oshkosh, Wisconsin 54903-1130
Owner -Authorized Representative: Iames Rabe, P.E. CPESC, Director of Public Works
Contract: Site Plan Review Services for 2019
City of Oshkosh Purchase Order Number:
Brown and Caldwell Project Number:
The authorizing office requires performance of the following described Services:
See attached Exhibit A entitled "Scope of Services and Compensation."
Form of Compensation:
See attached Exhibit A entitled "Scope of Services and Compensation."
Additional Terms and Conditions: None
Authorized Services shall be performed in accordance with the terms and provisions of the
agreement between Brown and Caldwell and the City of Oshkosh, dated
together with this Project Authorization and any Exhibits attached hereto. This Project
Authorization shall be effective only upon date of signature of an authorized representative
of the City of Oshkosh.
BROWN AND CALDWELL
Signature:
Name:
Title:
Date:
UkEngitteenng17019CON RACISkB&C7D19SitePlanRevkwkB&CBW*PtujAuth
Form_11-14-1&do«
CITY OF OSHKOSH
Signature:
Name: Tames Rabe, P.E., CPESC
Title: Director of Public Works
Date:
Page 1 of 1