HomeMy WebLinkAbout18. Professional Service Agreement 2019 General Storm Water Services - 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 General Storm Water Services /
Brown and Caldwell ($53,949)
The Department of Public Works requested a proposal from Brown and Caldwell for general
storm water services for the 2019 calendar year. These services include, but are not limited to,
Storm Water Utility Committee assistance, assistance in evaluating and responding to WDNR
TMDL issues, and general "on call" assistance as needed. Project Authorizations will be prepared
for each "on call" request for services that will define the scope of services and budget to be
adhered to for those services. Services provided under this agreement typically include
compliance with the Municipal Separate Storm Sewer System (MS4) permit, storm water
pollution management analyses, and hydrologic and hydraulic modeling analyses, among other
needs that may arise.
Brown and Caldwell was chosen because of their knowledge of the City and vast experience with
this type of work. The cost of these services is estimated not to exceed $53,949, and will be funded
through the Storm Water Utility Operating Budget.
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.
Please contact me if you have any questions concerning this professional services agreement.
MAR/jer
L\ Engineering\2019 CONTRACTS\B&C 2019 Gen SW Sery\B&C CC Memo -2019 Gen SW Sery Eng
Agreement_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 GENERAL STORM WATER SERVICES FOR 2019.
ARTICLE 1. 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:
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 and Budget. 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 and
Bridget.
JA Enguxering12019 CONTRACTS\ B&C 2019 Gen SW SmkB6&C 2019 Gen SW Sery Agreement 11-I4
18.do Page 1 of 6
Services included in Task 2 of the CONSULTANT's Scope of Services and Budget 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 CM.
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.
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.
FM W0 r UZI
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.
• •y_ / X11 •�.t:l
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:\Fj%uv g\2019CON[RACTB\B&C2019GenSWServ\D&C2019fenSWSeryAgmemad 11-14-
18.do« Page 2 of 6
To prevent any unreasonable delay in the CONSULTANT's work, h-
examine all reports and other documents and will make any authorizations
proceed with work within a reasonable time period.
ARTICLE VIII. TIME OF COMPLETION
The work to be performed under this AGREEMENT shall be commenced <
completed within the time limits as agreed upon in the CONSULTANT's Scope
Budget.
The CONSULTANT shall perform the services under this AGREE
reasonable diligence and expediency consistent with sound professional practice
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 and Budget dated November 14, 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.
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 $53,949 (Fifty Three Thousand Nine Hundred
Forty Nine Dollars).
• Attached fee schedule shall be firm for the duration of this AGREEMENT.
1:\Er%4 ering\2019C0NTRAM\5&C2019GenSWServ\W2019Gen9WServAgreement,1I,14-
18.doa Page 3 of 6
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 shalt 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 on 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.
L1B4ineering12019 CONTRACTS\B&C 2019 Gen SW Serv\B&C 2019 Gen SW Sery Agreemmt .11-14-
ISAOCc Page 4 of 6
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements.
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.
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.
U31 -M W WOO lei 0M 01:4 KvArel 'A 11,241 VVIVR�M
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:B %imrin612019 CONTSACIS \ B&C 2019 Gen SW Su YJB&C 2019 Gen SW Sm ApeemeNt_11-14- 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:
r,
(Seal of Consultant
if a Corporation)
CONSULTANT
By: (-14Z4,
r
(Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By:
(Witness) Mark A. Rohloff, City Manager
And:
(Witness) Pamela R. Ubrig, 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
I:I bgpz eering12019 CONfRAC151 B&C 2019 Gat SW SeCV W&C 2019 Gen SW Sere Agreement_11-14-
19.dooc Page 6 of 6
General Storm Water Services, 2019
11/14/18
ATTACHMENT A
SCOPE OF SERVICES AND BUDGET
City of Oshkosh General Storm Water Services for 2019
Jim Bachhuber, with support from other Brown and Caldwell (BC) staff, will continue supporting the City
of Oshkosh with ongoing needs for the stormwater management program in 2019. The work will take
place between January 1, and December 31, 2019. The following services will be provided under this
agreement:
Scope of Work
Task 1: General Program Management Assistance
A. 2019 Stormwater Utility Committee Assistance
1) Assist City staff with preparing materials for monthly (12) Stormwater Utility Committee
meetings relevant to stormwater management needs of the City.
2) Attend Stormwater Utility Committee meetings (up to 12) to present material, respond to
questions, and facilitate discussion at the City's request.
3) Prepare draft Committee meeting summary minutes and send to City staff for review and
finalization.
4) Jim Bachhuber will attend the meetings, unless he is unavailable and another qualified Brown
and Caldwell staff person will attend in his place.
B. Assistance with Overall Program Management
As requested by the City, BC will provide additional program management services. Additional
services may include updating the City's Stormwater Utility information brochure or other program
related needs. Work under this task will be conducted using a 'Task Order" approach. The City will
request specific tasks to be conducted, and BC will develop a scope and budget for the City's
approval to conduct the requested work.
Task 2: General Engineering and Planning Assistance
BC will assist City staff with other stormwater related issues including, but not limited to: compliance
with the Stormwater (MS4) Permit; stormwater pollution management assessments, potential TMDL
issues, and other related topics at the City's discretion. Work under this task will be conducted using a
"Task Order" approach. The City will request specific tasks to be conducted, and BC will develop a scope
and budget for the City's approval to conduct the requested work.
Task 3: Prepare WDNR Grant Application for 2020 Stormwater Management Plan
BC will prepare a grant application under the Wisconsin DNR Urban Nonpoint Source & Storm Water
Management Grant Program - Planning Grant. BC will follow the guidelines provide by the DNR in
preparation of the grant application. A draft copy of the application will be provided to the City for
review before finalizing the application. The actual application submittal must be signed and conducted
by the City.
Task 4: Project Management
This task includes the project management necessary to make sure the project tasks remain on
schedule, on budget, and meet quality requirements.
Oshkosh 2019 General SW Services Scope v3
11/14/18
General Storm Water Services, 2019
11/14/18
Assumptions
The budget for the above described tasks are based on the following assumptions
1. For Task 1 is it assumed that Jim Bachhuber will prepare for, and attend twelve (12) meetings.
Assistance in preparing for, and/or attending the meeting if requested, will be provided by Mike
Wegner, Caroline Burger, or other qualified staff.
2. Brown and Caldwell will prepare meeting summaries of each Stormwater Utility Committee
meeting for review and finalization by City staff.
3. The City will make available files, records, and other information necessary for BC to conduct the
scope of work at no cost to the project.
4. For Task 2, a total of 180 hours is budgeted. BC will only perform work under this task as
directed by the City of Oshkosh under a Task Order approach, and will keep the City informed on
the status of budget for this task.
S. The work described in this document will take place between January 1, 2019 and December 31,
2019.
6. Brown and Caldwell will provide the City with an amendment to the Agreement before
performing additional services not stated in this Scope of Work and Budget.
7. For Task 3 the application materials will only use available maps, data, and files. No new
modeling or other analyses will be conducted. The City is responsible for obtain necessary
Council resolutions, signing the application, and submitting the application.
Budget
This work is conducted on a time and material, not to exceed basis per the Agreement's terms and
conditions. Brown and Caldwell assumes that no material costs will be incurred on this project.
Therefore, the budget is based on the following task breakdown, which includes labor only:
Task
Hours
Budget
1. General Program Management Assistance
100
$17,928
2. General Engineering and Planning Assistance
180
$28,454
3. Prepare WDNR Grant Application for 2020 Stormwater
Management Plan
32
$5,126
4. Project Management
22
$2,441
Total
334
$53,949
Oshkosh 2019 General SW Services Scope v3
11/14/18
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: James Rabe, P.E. CPESC, Director of Public Works
Contract: General Storm Water Services for 2019
City of Oshkosh Contract 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:
1:\EnBickerin812019 C0NTRACrSkB&C 1019 Cen SW ServkR&C Blink Prat Auth
Fonn_11.14I8.docc
CTTY OF OSHKOSH
Signature:
Name: James Rabe, P.E., CPESC
Title: Director of Public Works
Date:
Page 1 of 1