HomeMy WebLinkAboutJacobs Engineering Group Wastewater Plant Digester Mixing System I398
AGREEMENT
This AGREEMENT, made on the 2day of 2019, by and
between the CITY OF OSHKOSH, party of the first part, herei fter referred to as CITY,
and JACOBS ENGINEERING GROUP, 135 South 84th Street, Suite 400, Milwaukee, WI
53214, 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 WASTEWATER TREATMENT PLANT DIGESTER
MIXING SYSTEM UPGRADE APPLICATIONS ENGINEERING SERVICES.
ARTICLE I. PROTECT MANAGER
A. Assignment of Project Manager. The CONSULTANT shall assign the following
individual to manage the PROJECT described in this AGREEMENT:
Linda Mohr, P.E.—Senior Project Manager
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:
Steven M. Gohde, P.E.—Assistant Director of Public Works/Utilities General
Manager
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.
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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.
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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
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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 August 20, 2019 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:
• Time and Materials Not to Exceed $32,880 (Thirty Two Thousand Eight
Hundred Eighty 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.
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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.
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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 PROTECT 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.
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•
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: CONSULTANT
By: Rays r--ati.l(44-
(Seal of Consultant M P•^►Ao►ER cF PRo3ECTs - (3%Air
if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By: ��—
ess)` ) Mark A. Rohloff, City Manager
I
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.
C. ttorne �
City Comptroller
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•
RECEIVED
SCOPE OF SERVICES JULY 1, 2019
City of Oshkosh Wastewater Treatment Plant AUG 2 ° 20
19
DEPT OF PUBLIC WORMS
Digester Mixing System Upgrade Applications Engi66-6 i g"►scoNSIN
Services
As part of the City of Oshkosh (City) Contract No. 18-16 Wastewater Treatment Plant Mixing System
Upgrade (Project), Jacobs Engineering Group (Jacobs) will provide the professional engineering services
needed to fulfill the responsibilities of the Applications Engineer as defined in the Project Contract
Documents.
Task 1—Applications Engineer
As Project Applications Engineer, Jacobs will complete the following tasks to assist with the construction,
startup and commissioning of the digester mixing system upgrades.Jacobs will provide the services
below in support of the City's Project Engineer(Donohue) and the City's construction Contractor.
1.1 Submittal Review
Project submittals will be reviewed and approved by the City's Project Engineer. Jacobs will conduct a
single review of only the final approved submittals and gather and assess the input/output (I/O)
interface to the programmable logic controller(PLC).Jacobs will conduct an average 2-hours review of
each of the following final approved submittals:
11382—Digester Mixing Equipment
13400—Process Instrumentation and Control
13482—Process Control System—I/O List
1.2 Software Programming
Jacobs will configure and program the PLC Panel (SCC-6) and modify the Oshkosh Wastewater
Treatment Plant (WWTP) Supervisory Control And Data Acquisition (SCADA). Software programming
includes the interface to the mixers' adjustable frequency drives and instruments. The software
development estimated level of effort is based on 30 I/O points.
As part of the software development task, Jacobs will participate in four coordination meetings with the
City for a total of 16 hours. City input will be incorporated in the software programming.
1.3 Field Installation
Jacobs will provide the following field installation to the City's Project Engineer and Contractor:
• 8 hours participation in Contractor's coordination meetings via conference call
• 1 day for configuration and operational readiness testing assistance of updated WWTP SCC-6
• 1 day for configuration and operational readiness testing assistance of updated WWTP SCADA
and Wonderware HMI
• 1 day for performance acceptance test of updated WWTP SCC-6
• 1 day for performance acceptance test of updated WWTP SCADA
1.4 Operation & Maintenance Documentation and Training
Jacobs will provide professional services to support the software and WWTP SCADA system users in the
following activities:
1
•
• Develop documented O&M guidance for the application software
• Provide on-site training for the application software
• Provide on-site support for the application software changes requested by operating personnel
Task 2 — Project Management and Quality Assurance/Quality Control
Jacobs will manage the delivery of the project technical services and work products to meet the City's
schedule and budget. Jacobs will update its project instructions for the project delivery team to reflect
revisions to the project schedule and scope. Project instructions addressed include the following:
• Detailed scope of services and project deliverables
• Project schedule and budget
• Health and safety considerations
• Communication procedures within the team and with the City
Jacobs will maintain communication with the City through regular project progress meetings, telephone
calls, and e-mail. In addition, project activity reports will be submitted to the City with each monthly
invoice.Jacobs will conduct quality control/quality assurance reviews of project deliverables, including
software programming. All draft deliverables will be reviewed internally before submission to the City.
Schedule
The anticipated schedule for this scope of services August through December 2019.
Level of Effort and Compensation
Table 1 presents the estimated professional engineering services level of effort is 188 hours and
compensation is $32,880.
Table 1. Digester Mixing System Upgrade Application Engineering Services Summary
City of Oshkosh
Digester Mixing Upgrade
Estimated Total Fee
Senior
Project QA/QC Project Project Total Labor Total Hours Total Total by
Task Description Manager Reviewer Engineer Accountant By Task by Task Expense Task
Applications Engineering Hours Hours Hours Hours Hours
Submittal Review 2 8 24 $6,420 34 $0 $6,420
Software Programming 50 $8,500 50 $200 $8,700
Field Installation Assistance 60 $10,200 60 $600 $10,800
O&M and Training 24 $4,080 24 $600 $4,680
Subtotal 2 8 158 0 $29,200 168 $1,400 $30,600
PM Hours Hours Hours Hours Hours
PM 8 12 $2,280 20 $2,280
Subtotal 8 0 0 12 $2,280 20 $0 $2,280
TOTAL 10 8 158 12 $31,480 188 $1,400 $32,880
2