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HomeMy WebLinkAboutCH2M Hill/Air Permit Assistance Executed Agmt Transmittal Letter CITY OF OSHKOSH To: Linda Mohr CH2M HILL Public Works Utilities Division 233 N Campbell Rd Oshkosh WI 54902 Date: Nov 29,2012 Project No.: Phone: 920-232-5365 Attention: Fax: 920-232-5366 RE: We are sending you: ❑Shop Drawings 0 Attached ❑ Under Separate Cover ❑Specifications ❑Change Order ❑Copy of Letter ❑Other ❑Drawings ❑Samples Copies Date No. Description 1 11/28/12 Air Permit Assistance Executed Agreement These are Transmitted as checked below: ❑For Approval E For your use ❑For review and comment ❑As requested Other: Remarks: Hand delivered Copy to: Signed: l, Public Works itsxt -:fir '►. t 4 VI- City Clerk File Stephan M. Brand Public Works Utility Bureau Manger H:\stephanb\Wastewater Treatment\PermitAir Permit Assitance\RevTransmittal Letter Form-Blank AGREEMENT THIS AGREEMENT, made on the 2a day of Not/. , 2012, 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: Stephan Brand — Public Works Utilities Bureau Manager 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. 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. 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 $8,000 (Eight Thousand 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. Page 3 of 4 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: CONSULT NT By: 1 % rt Helle mann, P.E., Vice President (Seal of Consultant if a Corporation.) CITY OF OSHKOSH ark Rohloff, City Manager /re- (Witness) Y 9 a...d e.. P ..k. And: S 4 :, (Witness) P- " - _ . - ity erk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which which will accrue under this Agreement. _ ity Attorri 1?_a , City Com. r. I Page 4 of 4 SCOPE OF SERVICES Air Permit Assistance CH2M HILL will determine if the City's Wastewater Treatment Plant (WWTP) and Water Filtration Plant (WFP) require State of Wisconsin and/or Federal Clean Air Act air emission permits. To determine if the air permits are applicable, CH2M HILL will prepare an inventory of air emissions from plant combustion equipment. It is anticipated that the inventory will included the WWTP boiler, digester gas flare, emergency generators,the WFP emergency generators, and the Washburn Pump Station emergency generators. For each of these sources an estimate of air pollutant emissions will be made using "emission factors" available from the US EPA and other sources. Using the results of the emission estimates, it will be determined what, if any air permits are required. If air permits are found to be required, CH2M HILL will summarize the requirements of each type of air permit and the steps required to obtain the air permits. CH2M HILL will identify potential methods the City could use to avoid having to obtain and air permit such as limiting emissions by limiting equipment operating times. The preparation of the air permits is not included in this scope of work. CH2M HILL will summarize its evaluation and recommendations in a technical memorandum. Level of Effort and Compensation The estimated level of effort and total compensation for professional engineering services for air permit assistance is 42 hours and $8,000. -----.)O DATE(M ACC) D MIDDIYYYY) .CERTIFICATE OF LIABILITY INSURANCE ATE(M012 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,Ext): (A/C,No): DENVER,CO 80202-5534 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 15114-00124-GAWC-12113 WDC 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-002343717-01 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. ADDL SUBR POLICY EFF POLICY EXP INTRR TYPE OF INSURANCE INSR WVD POLICY NUMBER -(MMIDDIYYYY)I(MM/DD/YYYY) LIMITS GENERAL LIABILITY X _EACH OCCURRENCE $ 1,500,000 'RGE500025501 05/01/2012 05/01/2013 DAMAGE TO RENTED 1,500,000 A X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ X $500,000 SIR PERSONAL 8 ADV INJURY $ 1,500,000 GENERAL AGGREGATE $ 5,006,000 GE 'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 5,000,000 POLICY PRO- JECT LOC $ JFT AUTOMOBILE LIABILITY X (Ea aBI EDt) cc ) LIMIT 2,000,000 A X ANY AUTO RAD500025401(AOS) 05/01/2012 05/01/2013 BODILY INJURY(Per person) $ A ALL OWNED I SCHEDULED RAD500025601(MA) 05/01/2012 05/01/2013 BODILY INJURY(Per accident) $ AUTOS I AUTOS , NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB I, OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED 1 RETENTION$ $ WORKERS COMPENSATION I . X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ILITY B ANY PROPRIETOR/PA ILITYEXECUTIVE Y/N '.RWD500025201(AOS) 05/01/2012 05,10112013 E.L.EACH ACCIDENT $ 1,000,000 B (Mandatory NH)EXCLUDED? N N/A IRWR500025301(WI) 05/01/2012 05/01/2013 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes,describe under DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE.AIR PERMIT ASSISTANCE;PM:LINDA MOHR,PN430702 THE CERTIFICATE HOLDER IS 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 «Y� C.?-7/a -,-.E-r.—> I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 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 Associate Engineer $115 Senior CAD Technician $110 Project Accountant $90 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 "Otea Assessment applies to all labor hours "°teb Assessment applies to all Health & Safety trained individuals Rates subject to change on January 1,2013