HomeMy WebLinkAboutJacobs Engineering GroupAGREEMENT
This AGREEMENT, made on the L day of QOP.(YL 2019 b and
between the CITY OF OSHKOSH party part,y
par of the first hereinafter refereed to as CITY,
and JACOBS ENGINEERING GROUP, 1610 North 2nd Street, Suite 201, Milwaukee, WI
53212, 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 2020 WATER UTILITY TECHNICAL 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
Proposal. 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 CM 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 Proposal.
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
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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 Proposal dated November 13, 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 $140,840 (One Hundred Forty Thousand
Eight Hundred Forty 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 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 XHI. STANDARD PROVISIONS
The CONSULTANT agrees that, in all hiring or employment made possible by or
resulting from this AGREEMENT, there will not be any discrimination against any
employee or applicant for employment because of race, color, religion, sex, sexual
orientation, gender identity, or national origin.
ARTICLE XIV. 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 XV. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements.
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ARTICLE XVI. 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 XVII. 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 XVIII. 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 XIV. 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: %luN S rva�,a
as
�lRN�4 6f Q ILoT ECTS-1 Al ni Sy
(Specify Title)
(Specify Title)
CITY OF OSHKOSH
By: Z� —
(Witness) Mark A. Rohloff, City Manager
(Witness)
APPROVED:
ttorney
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'
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RECEIV �D
SCOPE OF SERVICES �—
DEC - 2 2019 NOVEMBER 13, 2019
City of Oshkosh 2020 Water UtiliV.T�farW 3i ces
Purpose
The purpose of the 2020 Water Utility Technical Service Project (Project) is to assist the City of Oshkosh
(City) with a variety of engineering, planning and regulatory compliance activities. The Project is
comprised of the following tasks:
• Task 1— Water Distribution System Modeling Services
• Task 2 — Water System Uni-directional Flushing Pilot Program
• Task 3 — Water Utility Asset Management Plan Update
• Task 4 — Water System Data Collection Tools Assistance
• Task 5 — Water Filtration Plant RMP/PSM Program Compliance Audit
Task 1— Water Distribution System Modeling Services
Jacobs Engineering Group (Jacobs) will provide water distribution system hydraulic modeling services on
an on -call, task order basis. Jacobs will utilize the City's calibrated model to conduct analyses to evaluate
capital improvements and operational questions requested by the City. The analyses may involve water
main replacement, new customer water demands, changes in operational conditions, or other capital
improvements. Jacobs will provide the City with model results summarized in technical memoranda.
These results may include specific recommendations pertaining to system pressures, available fire flows,
or system operations.
Jacobs will update the model with completed 2019 water main construction projects and review City as -
built water main drawings for consistency with City Geographic Information System (GIS).
All requests will be accompanied by a Task Order detailing the scope of work of the request and the
estimated not to exceed cost for that scope of work. The budget assumed four (4) individual Task Orders
will be completed under four (4) separate accounting task numbers. Jacobs will document each analysis
in a technical memorandum (TM).
Deliverables: Two (2) paper and one (1) PDF copies of the analysis TMs.
Task 2 — Water System Uni-directional Flushing Pilot Program
The City water distribution system is comprised of approximately 300 miles of water mains. While the
City routinely flushes water mains for preventative maintenance and in response to customer concerns,
the City is interested in implementing uni-directional flushing (UDF) to effectively and economically
scour sediments, corrosion byproducts and biofilm from the distribution system piping. Removal of
these materials results in improved distribution system water quality, decreased potential for corrosion,
and improved ability to maintain residual disinfection. UDF involves flushing pipelines with water from
portions of the system that have already been flushed or cleaned. High velocity flow rates are used for
short periods of time to minimize the amount of water needed to flush the system.
The City is planning to implement UDF in phases, with the first phase being a 2020 pilot program. The
City will conduct the pilot program in two sectors of the distribution system so that it can apply lessons
learned to the design and implementation of a system -wide UDF program. Jacobs will provide the
following professional services:
• Develop and assist the City in the execution of the pilot UDF program
• Prepare UDF program public information and communication resources
• Develop recommendations for comprehensive, system -wide UDF program
Develop and Execute Pilot UDF Program
Jacobs will use the City's hydraulic distribution system computer model to design the pilot UDF program.
UDF will be piloted in two sectors of the system: the high (Southwest) pressure zone and a portion of
the downtown area. The high-pressure zone was selected because it can be readily isolated from the
rest of the system, it accounts for about 10 percent of the overall system water demand, and is
characterized by newer pipelines. The UDF pilot will also be implemented in a downtown area
comprised of older pipelines.
Jacobs will work with the City to incorporate its knowledge of the system in the pilot program
procedures and field resources plan. Jacobs will develop detailed maps indicating individual valve and
hydrant operation for flushing. The UDF pilot will be designed to limit system disturbances to the
immediate area being flushed to avoid water quality problems.
Jacobs will provide training for City personnel who will execute the UDF pilot to help ensure the program
is implemented effectively and consistently and is sufficiently documented. Jacobs will collaborate with
the City to address the following UDF pilot program activities:
• Describe hydrant and valve operation
• Define traffic control
• Public information and affected -customer notification
• Personnel and customer safety procedures, equipment and coordination
• Document lessons learned
Public Information and Communication
For successful UDF program execution, the City will provide timely and effective communication to its
customers and other stakeholders. Jacobs will work with the City to prepare a public information and
communication plan that identifies key communication issues for each area of the pilot, channels of
communication, standardized messages for the public and water dependent businesses (hospitals,
beauty salons, dentists, laundromats, restaurants, etc.). When necessary, flushing activities may be
scheduled during non -business hours to minimize any inconvenience. Jacobs will script messages for City
personnel who may interact with customers in the field or through telephone inquiries.
System -Wide UDF Program Recommendations
Jacobs will document lessons learned from executing the UDF pilot and incorporate those findings into
refined UDF protocols, data needs, and resource plans needed for the comprehensive implementation
of UDF. Jacobs will prepare recommendations for applying the lessons learned to a distribution system-
wide UDF program.
Deliverables: Hard and electronic copies of UDF procedures, maps, and field documentation forms;
public information announcements, maps, and customer service messages; recommendations for
implementing system -wide UDF program.
Task 3 — Water Utility Asset Management Plan Update
In 2010, Jacobs assisted the City in the development of its asset management plan for the water utility
vertical assets (Water Filtration Plant [WFP], intakes, pump stations, and elevated storage tanks). After
implementing the top priority risk reduction projects identified in 2010, the City updated its asset
management plan in 2015 to develop a new list of prioritized improvements.
Jacobs will facilitate the 2020 asset management plan update by conducting 4 meetings with water
utility staff to discuss and develop relative risk scores for utility vertical assets. In 2010 and 2015, Jacobs
used the industry standard criteria of 'likelihood of asset failure' and 'consequence of asset failure' to
estimate asset relative risk scores. In preparation for the City's 2020 water utility risk and resiliency
assessment required by America's Water Infrastructure Act of 2018, Jacobs will integrate the additional
criteria of 'vulnerability' in the evaluation of assets. This approach will not hinder the routine asset
management plan updating process and will save the City time and money when completing the risk and
resiliency assessment.
Jacobs will update the City's asset hierarchy and develop conceptual -level project cost estimates for the
top 15 risk reduction projects. Jacobs will document the asset management planning process and
findings in the draft 2020 Asset Management Plan Update. Jacobs will facilitate a draft update review
meeting with the City. During the meeting, potential implementation constraints, between risk
reduction projects and capital projects already planned by the City, will be discussed and documented
for inclusion in the final update.
Deliverables: Draft and final 2020 Asset Management Plan Update
Task 4 — Water System Data Collection Tools Assistance
City staff currently uses mobile (electronic tablet based) data collection to record information about
water distribution system flushing and about customers' water service lines. The existing tools are linked
to the City's GIS and provide helpful spatial information; however, there are some deficiencies in how
collected data is leveraged in system operations, maintenance, and reporting. Further, with the
proposed revisions to the Lead and Copper Rule, it will be beneficial to the City to transition some water
quality data collection and recording from paper to electronic field data collection formats (spatial or
form based). These changes will help the City more efficiently collect, manage, and gain insights from
water system information.
Jacobs will collaborate with City water quality, water distribution, inspection services, and information
management staff to plan and implement enhancements'to existing mobile tools. Jacobs will facilitate
two meetings to brainstorm and discuss potential improvements with City staff, focusing on information
needed for regulatory compliance, information that informs City decision making, and efficiently
handling the data (handling data once). The first meeting will focus on identifying the spatial information
needs related to requirements for lead service line replacement, residential cross -connection control,
and customer meter replacement. The second meeting will focus on potential near -term data collection
enhancements identified by the City related to routine operations and maintenance. These include
recording more specific water quality field information during water main flushing, electronic collection
of distribution system lead and copper sampling data, and electronic management of outside laboratory
data. Potential improvements will be prioritized based on estimated cost and required schedule to
implement. The discussion and evaluation of data collection needs will summarized in a TM.
As requested by the City and within available task funding, Jacobs will assist City information
management staff in making software changes needed to implement near -term enhancements and in
training mobile tools users.
Deliverables: Meeting agendas, handouts, and minutes; Water System Data Collection Tools TM,
software updates
Task 5— WFP RMP/PSM Program Compliance Audit
The City stores chlorine gas and anhydrous ammonia at the WFP for use in the disinfection process. The
City prevents releases of chlorine gas and anhydrous ammonia to protect employees and the public by
adhering to its Environmental Protection Agency (EPA) Risk Management Program (RMP) and
Occupational Safety and Health Administration (OSHA) Process Safety Management (PSM) plans. RMP
and PSM compliance audits at the WFP must be conducted every 3 years and meet the requirements of
OSHA standard 29 CFR 1910.119(o) and RMP regulation 40 CFR Part 68.79. The primary goals of
conducting the compliance audit are the following:
Review sufficient data to verify compliance with RMP/PSM requirements and good process safety
practices
Identify process safety deficiencies and corrective actions
Increase safety awareness among plant staff
Jacobs will conduct the compliance audit using OSHA's guideline for conducting regulatory RMP/PSM
compliance audits (Compliance Guidelines and Enforcement Procedures) and EPA's Guidance forAuditing
Risk Management Plans/Programs under Clean AirAct Section 112(r) (August 1999).
A compliance audit consists of separating the RMP/PSM program into its elements and auditing each
element to determine compliance and effectiveness. Jacobs will complete a Compliance Audit
Certification Page and a Compliance Audit Checklist for the program elements. Using these documents
helps prepare the facilities for a potential OSHA or EPA audit. Jacobs will conduct the audit by reviewing
RMP/PSM program documentation, observing WFP conditions and safety practices and conducting staff
interviews. Jacobs will record any RMP/PSM program deficiencies identified during the audit and
summarize audit results in a Compliance Audit Report of Findings.
Deliverables: Two (2) paper and two (2) PDF copies of the Compliance Audit Report of Findings.
Project and Quality Management
Project and quality management activities are integrated in the tasks that comprise the 2020 Water
Utility Technical Services Project. Jacobs will manage the delivery of the professional technical services
and work products to meet the City's schedule and budget. Project management duties include project
instructions addressing team communication, quality assurance/quality control (QA/QC) and cost control.
Instructions to the project delivery team will guide performance by defining the following:
• Detailed task assignments, work plan and deliverables.
• Project schedule, budget and performance monitoring.
Communication within the project team will be maintained through regular team meetings,
teleconferences, and e-mail. During project meetings and workshops, Jacobs will provide project status
information. Jacobs will submit a brief description of project activities by task with each monthly invoice.
Jacobs will perform a QA/QC review of completed work and project progress before submitting work
products to the City.
Schedule
This scope of services will be delivered January through December 2020. To provide information that
may be helpful to the City's annual budgeting process, Jacobs proposes to complete Tasks 3 and 4 by
May 2020.
2020
J F M A M 1 J A S 0 N D
Task 1- Water Distribution System Modeling services
Task 2- Water System Uni-directional Flushing Pilot Program
Task 3 - Water Utility Asset Management Plan Update
Task 4- Water System Data Collection Tools Assistance
Task 5- Water Filtration Plant RMP/PSM Program Compliance Audit
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JACOBS
2020 HOURLY CHARGE RATES
for
PROFESSIONALS AND TECHNICIANS
Classification
Senior Consultant
Senior Project Manager, Senior Construction Manager
Senior Technologist, Senior Designer, Senior Modeler
Project Designer, Project Engineer, Project Modeler
Staff Designer, Staff Engineer, Staff Modeler
Junior Engineer, Junior Modeler
Senior CAD Technician
CAD Technician
Senior Clerical, Graphic Designer
Clerical
Project Accountant
L. RECEIVED
NOV 13 2019
DEPT OF PUBLIC WORKS
OSHKOSH, WISCONSIN
Hourly Rate
$200 - $325
$180 - $220
$160 - $200
$140- $170
$100-$150
$80 - $120
$100 - $140
$75 - $100
$90 - $150
$75 - $100
$50 - $100
Expenses
Expense Type
Estimating Method
Rate
Photo Copies
Service Center
$0.05
Reprographics
Service Center
varies
Auto mileage
Travel
Current IRS rate
Auto Rental
Travel
Actual
Other Travel (FTR Guidelines)
Travel
Actual
Equipment Rental
Operating Expense
Actual
Postage/Freight
Operating Expense
Actual
Rates subject to change on January 1. 2021