Loading...
HomeMy WebLinkAboutJacobs Engineering Group (3)AGREEMENT This AGREEMENT, made on the day of A&eacbEr,2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and JACOBS ENGINEERING GROUP, INC., 135 South 841h 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 OPTIMIZED LEAD AND COPPER CORROSION CONTROL TREATMENT DEMONSTRATIVE STUDY. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Linda Mohr — 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 H. 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 Ill. 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. RECEIVED L\Engi fingN2=conrex M\J= bn Ccy Demo smdyVawW Agree t-=Demo sewy_u- 1Pagel of nasdo« DEC 6 2019 i CITY CLERK'S OFFICE 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 hi 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. 1:\Ergi.d•a\2020 eorvrxnM\J.mbs-eer Demo smdyV=robs Age m..tccr Demo sbwy-21- 27-29.d. Page 2 of 7 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 c\Engin mgQWOconr CTSUambfWrono smdy\tawbsag��t-C romosmdy_ll- Page 3of7 2y-19.doa 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 November 11, 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 $158,500 (One Hundred Fifty Eight Thousand Five Hundred 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. 1AEngiM ng\� 00Wr eS\Je.bsM Demos yll=robs A,amet-=on. s dy_11- Page4of7 V-19.d. 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:\�ugineering\211211 CONTRACTS\Jambs-CCF Demo Study\Jacobs Ag mt-M Demo Study_11. 27-19.doa Page 5 of 7 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. 1:\Engineering\2020 CONTRACTS\)ambs=Demo SW y\lambs Agreement-M Demo SNdy_11- V-1M. Page 6 of 7 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: Aoomey CONSULTANT M (v�ANA�R OFj7Qp3 ECTS- WLI MN1LA (Specify Title) (Specify Title) CITY OF OSHKOSH By: / 7 �-- Mark 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. zf��_ 4��z - City Comptroller 1AEogineering\2020 CONTRACTS\Jambs-= Demo Rudy\Jambs Agreement= Demo Study_ll- Page % Of ?9-19dm« EXHIBIT A— SCOPE OF SERVICES NOVEMBER 11, 2019 RECery City of Oshkosh Optimized Lead and Copper Corrosion NOV18 Control Treatment Demonstrative Study DEPT FP B 2019 DSHKDSyUw`SCN°RNs Project Purpose Since the federal Lead and Copper Rule (LCR) was published in 1991, the City of Oshkosh (City) has complied with all LCR requirements. In 1998, the City implemented corrosion control treatment (CCT) at the Water Filtration Plant (WFP) to minimize lead and copper concentrations in the distribution system. In May 2019, the Wisconsin Department of Natural Resources (WDNR) modified its previous determinations regarding City OCT practices and required the City to complete a Demonstrative CCT Study to determine whether its practices are optimized in a manner that minimizes lead and copper concentrations to the greatest extent possible. In response to the new WDNR requirements, the City retained Jacobs Engineering Group (Jacobs) to assist in the preparation of a demonstrative study proposal to WDNR that outlined the treatment alternatives to be evaluated through pipe loop testing. The demonstrative study involves designing a customized flow -through test apparatus to evaluate the performance of alternative CCT methods using service line pipes harvested from the City's distribution and extensive water quality sampling and analysis. Jacobs will provide professional engineering services to assist the City with the following Optimized Lead and Copper Corrosion Control Treatment Demonstrative Study (Study) activities: Task 1— Pipe Loop Test Plan and Test Apparatus Design and Functional Test Task 2—Test Pipe Harvesting Assistance Task 3 — Water Sampling Data Analysis Task 4 — Demonstrative Study Report Preparation Task 5 — Revised LCR Compliance Planning Task 6 — Project and Quality Management Task 1— Pipe Loop Test Plan and Test Apparatus Design and Functional Test Based on WDNR CCT study proposal review comments received in December 2019, Jacobs will develop a detailed Pipe Loop Test Plan for WDNR approval. The plan will refine the CCT alternatives to be tested, address pipe loop materials selection, provide startup and operational guidelines (for example: flow, pressure, chemical feed rates), provide apparatus maintenance recommendations, and provide procedures for water quality and pipe scale sampling and laboratory analyses. Jacobs will prepare cost estimates for the Pipe Loop Test sample analyses. Water quality parameters anticipated to be measured by the City include pH, temperature, dissolved oxygen, chlorine, alkalinity, orthophosphate, and turbidity. Water quality parameters anticipated to be measured by an outside laboratory include lead, copper, total phosphorus, hardness, chloride, sulfate, iron, manganese, and color. Jacobs will also prepare cost estimates for pipe scale sample analyses (scanning electronic microscopy and x-ray diffraction). Jacobs will respond to requests for information from the City's outside laboratory service providers. Data received from the City's outside laboratories will be in electronic format and may require a 3-to 4-week turnaround time from the sampling date. Jacobs will design the pipe loop test apparatus to meet the objectives of the approved Pipe Loop Test Plan. Jacobs will provide 100 percent complete apparatus drawings and a detailed bill of materials for the City's use in fabricating the apparatus. Jacobs will respond to the City's requests for information during fabrication. Jacobs will prepare a brief apparatus functional test plan for the City to implement. Jacobs will observe functional test and confirm apparatus readiness prior to installation of harvested pipes. Task 1 Meetings Jacobs will facilitate the following Task 1 meetings: • A meeting with the City and WDNR to gather input on the draft Pipe Loop Test Plan and preliminary apparatus design • A test apparatus fabrication progress review meeting with the City Task 1 Deliverables • Draft and Final Pipe Loop Test Plan • Pipe Loop Test sample analysis cost estimates • Preliminary and final test apparatus piping and instrumentation diagrams, isometric drawings, and bill of materials • Meeting agendas, handouts, and minutes Task 2—Test Pipe Harvesting Assistance Pipes from the City water distribution system will be harvested for installation in the pipe loop apparatus and for pipe scale analysis. Jacobs will work with the City to develop criteria for selection of harvested pipe, including but not limited to, harvested pipe material of construction (such as lead and cast iron), harvested pipe location, and customer water use pattern associated with harvested pipe. Jacobs will provide written pipe harvesting procedures for City use. The procedures will address how to preserve the pipe materials' condition during removal; recording in -situ field information; and instructions for loading, transport, and installation in the test apparatus. Jacobs will facilitate a training session with City staff prior to harvesting to discuss any questions. Jacobs oversee the harvesting of pipes by the City to confirm compliance with harvesting procedures. Jacobs will prepare a baseline (existing conditions) water quality sampling and analysis plan for the City to conduct. The baseline data for the harvesting locations and overall distribution system water quality will be compared to future pipe loop test results. Collection of baseline data will save the City time and money demonstrating the harvested pipes installed in the apparatus have returned to pre -harvesting conditions and the Pipe Loop Test can be initiated. Jacobs will oversee installation of harvested pipes in the apparatus and assist with pipe conditioning startup. The City will identify and coordinate pipe harvesting, associated sampling, and replacement pipe installation with owners. The City will transport the harvested pipes to the WFP for installation into the pipe loop apparatus. The City will send in and pay for all water quality analyses. Task 2 Meetings • A pre -harvesting meeting to review the pipe harvesting procedures and discuss harvesting activities schedule Task 2 Deliverables • Pre -harvesting sampling and analysis plan • Pipe harvesting procedures and field documentation forms • Quality control review of harvesting related activities Task 3 — Water Sampling Data Analysis The Pipe Loop Test will be conducted for approximately one year. In support of the City's operation of the test apparatus, sample collection, and sample analysis, Jacobs will provide the following technical services: Train City apparatus operations, maintenance, and sampling team. Jacobs will initiate the Pipe Loop Test with a training session for City staff to carefully review the study plan, operating procedures, apparatus maintenance, and sampling and data collection. For the first month of the Pipe Loop Test, Jacobs will accompany City staff in weekly sampling and field testing to confirm consistency in performance of new tasks and assist with any initial changes in pipe loop operation or troubleshooting. Following the first month of the Pipe Loop Test, Jacobs will conduct an on - site visit to inspect the apparatus and review sampling and field testing once every 8 weeks. Analyze water quality sample results. Jacobs will conduct quality control review of data collected and recorded by the City and outside laboratory and prepare monthly summaries for City review. The City will send in and pay for all water quality analyses. Task 3 Meetings • Pipe loop operators and water samplers training session to discuss general pipe loop operation, water sample collection, on -site testing, and data entry • Two progress meetings with the City and the WDNR during the Pipe Loop Testing to review preliminary results Task 3 Deliverables • Water sampling standard operating procedures, technical specification sheets, and safety data sheets • 10 site inspection and sampling review Trip Reports • Meeting agendas, handouts and minutes Task 4— Demonstrative Study Report Preparation Jacobs will prepare for review by the City a preliminary draft Demonstrative Study Report to summarize the Pipe Loop Test findings and preliminary recommendations for optimized CCT. Jacobs will incorporate the City's input in a draft Demonstrative Study Report submitted to WDNR. Jacobs will facilitate a meeting with the WDNR and the City to discuss the draft report. Jacobs will incorporate review comments in the final Demonstrative Study Final Report for submission to the WDNR by December 31, 2021. Task 4 Meetings • A preliminary draft Demonstrative Study Report review meeting with the City • A draft Demonstrative Study Report review meeting with the City and WDNR Task 4 Deliverables • Draft and Final Demonstrative Study Report • Meeting agendas, handouts and minutes Tasks —Revised LCR Compliance Planning Preliminary proposed revisions to the LCR were published in October 2019. The draft revised LCR is anticipated to be released in 2020 (40 CFR Part 141 Subpart 1) and is expected to prescribe new lead service line replacement requirements, to update lead and copper water sampling protocols, to require increased customer communication, and to set a lower lead concentration trigger level. Jacobs will provide revised LCR compliance planning services at the request of the City. Activities may include investigation of best practices to minimize lead and copper in the distribution system, unrelated to CCT, and the preparation of planning -level cost estimates for new compliance responsibilities. Technical analyses will be summarized in technical memorandums. Task 5 Deliverables • Compliance planning technical memorandums Task 6— Project and Quality Management 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 to reflect revisions to the project schedule and scope. Project instructions addressed include the following: • Detailed scope of services and project deliverables • Task assignments and budgets; project schedule • Communication plan • Health and safety plan • Quality management plan Jacobs will maintain communication with the City through regular project progress meetings, telephone calls, and email. In addition, project activity reports will be submitted to the City with each monthly invoice. Jacobs will conduct QQ/QC reviews of the project deliverables, including submittals to support the project delivery team throughout the project and review completed work at project milestones. Task 6 Deliverables • Detailed project instructions • Monthly progress reports with invoices Schedule The proposed Project schedule is shown in Exhibit 1. Exhibit 1. Schedule 2019 2020 2021 2022 N D J F M A M J J A S 0 N D 1 F M A M 1 J A S O N D J F I Task 1-Apparatus Design and Construction Pipe Loop Design Task 2-Pipe Harvesting Pipe Harvesting Task 3- Water Sampling and Data Analysis Pipe Loop Conditioning Pipe Loop Testing :4. Demonstrative Study Final Report Final CCT Optimization Study Report WDNR Progress Meeting WDNR Approval of CCT Optimization Study Report Level of Effort and Compensation The estimated level of effort shown in Exhibit 2. C :? ;2■;ala2■a»\ ■■■e�tk�n■a\ E ': ;2al;la■■!»i • m©;q#,e m� k ■ m■mA#■eaq© k ! !\ | 2 f 2 •`=��2i\! •£.. |a!!�!!l�k(} go 2f „ - - - - - - �E