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HomeMy WebLinkAboutCH2M Hill Engineers, Inc/Water Distt On-Call CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5065 FAX (920) 236-5068 LETTER OF TRANSMITTAL To: Linda Mohr Date: September 21, 2012 CH2M Hill Engineers, Inc. Subject: Executed Agreement 135 South 84th Street Water Distribution System Modeling Milwaukee, WI 53214 On-Call Services Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested El For Review& Comment Remarks: Enclosed is a copy of the executed agreement for the water distribution system modeling on-call services. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. City Attorney's Office— Copy City Clerk's Office — Original / cc: _File — Original Signed: # . X967f racy " :ylor 0 I:IEngineering\Water Distribution Modeling\LOT-CH2M Hill Executed Agreement_9-21-12 docx AGREEMENT THIS AGREEMENT, made on the 191/4 day of 5e—p+ , 2017r-by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CH2M HILL ENGINEERS, INC., 135 South 84th Street, Milwaukee, WI 53214, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement. 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— 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 ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's attached Scope of Services. The CONSULTANT may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the CITY. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. C:\Usem\kmhnMy Documents\Mai11OL Temp Attachments\CH2M Hill Agreement Form 9-4-12 .docx Page 1 of 4 ARTICLE IV. 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. ARTICLE V. 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 as projects are identified throughout this Agreement. The CONSULTANT shall perform the services under this Agreement with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees that 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 VI. 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 In the event that 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. C\Users umohek y DocunentstMeiT OL Temp Attachments\CH2 M Hill Agreement Form 9-4-12 .do cx Page 2 of 4 ARTICLE VII. 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 $24,995 (Twenty Four Thousand Nine Hundred Ninety Five Dollars). • Attached fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s)for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this Agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, his agents or assigns, his employees, or his subcontractors related however remotely to the performance of this Agreement or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. ARTICLE IV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. C:\usere\k,u$AMy Docunents\Mei{OL Temp attachments\CH2M Hill Agreement Form 9-4-12 .docx Page3of4 ARTICLE X. 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 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. In the Presence of: CONSULTANT By: rt Hell- r -nn, P.E., Vice President (Seal of Consultant if a Corporation.) CITY OF OSHKOSH c_ Pc444 (Witness) Mar A. Rohloff, City Manage And: } ` (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions I have been made to pay the liability which which will accrue under this Agreement. ity Attom a ity Compt Iler ' C:wsersw„at\My Documents valnot Temp Anactmerds\CH2M Hill Agreement Form 9-4-12 .docx Page4of4 SCOPE OF SERVICES City of Oshkosh Water Utility Water Distribution System Modeling On-Call Services The purpose of this scope of services is to provide the City of Oshkosh(City)with water distribution system hydraulic modeling services on an on-call basis.CH2M HILL will use the City's calibrated model to conduct analyses to evaluate capital and operational questions raised by the City.The analyses may include main replacements,new customer water demands, changes in operational conditions,or capital improvement needs. CH2M HILL will provide the City with model results summarized in technical memorandums.These results may include specific recommendations pertaining to system pressures,available fire flows,or system operations. Upon request for an analysis by the City,CH2M HILL will provide an estimated level of effort to complete a task prior to performing the work. Deliverables: Technical memorandums summarizing the analyses will be submitted electronically and hard copies.CH2M HILL will compile the varied analyses in two three-ring binders. CH2M HILL will summarize task activity in each invoice submitted to the City. Compensation:This purchase order will be in the not-to-exceed amount of$24,995.As requests are submitted by the City and completed by CH2M HILL,the City will be billed on a time and material basis. CH2M HILL 2012 HOURLY CHARGE RATES for PROFESSIONALS AND TECHNICIANS Classification Hourly Rate Senior Consultant $220 Senior Project Manager $200 Senior Designer $175 Project Engineer $130 Assoc. Engineer $115 CAD Technician $80 Clerical $75 Expenses Expense Type Estimating Method Rate Photo Copies Service Center $0.05 Reprographics Service Center varies Auto mileage Travel $.555/mile Auto Rental Travel Actual Other Travel (FTR Guidelines) Travel Actual Equipment Rental Operating Expense Actual Postage/Freight Operating Expense Actual Note a Assessment applies to all labor hours "oteb Assessment applies to all Health &Safety trained individuals Rates subject to change on January 1,2013 � 7 ® DATE(MM/DD/YYYY) A n CERTIFICATE OF LIABILITY INSURANCE 09/13/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: MARSH USA,INC. PHONE FAX 1225 17TH STREET,SUITE 2100 (A/C.No.Est): (A/C,No): DENVER,CO 80202-5534 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 15114-00124-GAWC-12/13 WDC BK INSURER A:Greenwich Insurance Company 22322 INSURED INSURER B:XL Specialty Insurance Co. 37885 CH2M HILL ENGINEERS,INC. 9127 SOUTH JAMAICA STREET INSURER C: ENGLEWOOD,CO 80112 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-002343717-07 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSR SUER POLICY NUMBER (MM/DDY/YYYY) (MM/DD//YYYY) LIMITS LTR INSR WVD GENERAL LIABILITY X EACH OCCURRENCE $ 1,500,000 AMAGE A X COMMERCIAL GENERAL LIABILITY RGE500025501 05/01/2012 05/01/2013 PREM SES RENTED $ 1,500,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ X $500,000 SIR PERSONAL&ADV INJURY $ 1,500,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 5,000,000 7 POLICY Ti JE a fl LOC $ COMBINED SINGLE LIMIT 2,000,000 AUTOMOBILE LIABILITY X (Ea accident) i A X ANY AUTO RAD500025401(AOS) 05/01/2012 05/01/2013 BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED RAD500025601(MA) 05/01/2012 05/01/2013 BODILY INJURY(Per accident) $ AUTOS _ AUTOS HIRED AUTOS NON-OWNED NED PROPERTY DAMAGE $ (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER B ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N/A RWD500025201(AOS) 05/01/2012 05/01/2013 E.L.EACH ACCIDENT $ 1,000,000 B (Mandatory In ER EXCLUDED? RWR500025301(WI) 05/01/2012 05/01/2013 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory In NH) If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:ALL PROJECTS;PM:LINDA MOHR. CITY OF OSHKOSH,AND ITS OFFICERS,COUNCIL MEMBERS,AGENTS,EMPLOYEES AND AUTHORIZED VOLUNTEERS ARE INCLUDED AS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY AND AUTOMOBILE LIABILITY POLICIES AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. CERTIFICATE HOLDER CANCELLATION CITY OF OSHKOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ATTN:SUPERINTENDENT OF UTILITIES- THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN STEPHAN BRAND ACCORDANCE WITH THE POLICY PROVISIONS. 215 CHURCH AVENUE,PO BOX 1130 OSHKOSH,WI 54903-1130 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Sharon A.Hammer G.°#-�, � Q-4WD-"�� I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD ENDORSEMENT# This endorsement, effective 12:01 a.m., May 1, 2012 forms a part of Policy No.RGE500025501 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AUTOMATIC ADDITIONAL INSURED'S PRIMARY COVERAGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART LIQUOR LIABILITY COVERAGE PART The following provision is added to Section II,Who is an Insured: I. A. Any entity, person, or organization you are required or have agreed in a written insured contract, permit, access agreement and any other written agreement to name as an insured is an insured (hereinafter called additional insured) but only with respect to liability arising out of your premises, your work for the additional insured, or acts or omissions of the additional insured in connection with the general supervision of your work to the extent set forth below: (1) The limits of, insurance with respect to each person, organization or entity shall not exceed the limits of liability of the named insured. (2) All insuring agreements, exclusions and conditions of this policy apply; (3) In no event shall the coverage or limits of insurance in this coverage form be increased by such contract. B. Except when required otherwise by insured contract, this insurance does not apply to: (1) (a)All work on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed; or(b)That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. (2) Bodily Injury or Property Damage arising out of any act or omission of the additional insured(s)or any of their employees, other than the general supervision of work performed for the additional insured(s) by you. MANUS ©2011 X.L.America, Inc. All Rights Reserved. May not be copied without permission. C. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured(s)whether primary, excess, contingent or on any other basis unless a contract specifically required that this insurance be primary, or you request that it apply on a primary basis. When this insurance applies on a primary basis for the additional insureds described above, it shall apply only with respect to liability arising out of your work for that additional insured by or for you. Other insurance afforded to those additional insureds will apply as excess and not contribute as primary to the insurance afforded by this endorsement. All other terms and conditions remain the same. (Authorized Re• ntative) MANUS ©2011 X.L.America, Inc. All Rights Reserved. May not be copied without permission.