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HomeMy WebLinkAboutCH2M HILL/Water Dist Sys AGREEMENT THIS AGREEMENT, made on the 20 day of /VA kc-1 , 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CH2M HILL Engineers, Inc. 135 S. 84th Street, Suite 400, Milwaukee, WI 53214, hereinafter referred to as the CONTRACTOR/CONSULTANT, WITNESSETH: That the City and the Contractor/Consultant, for the consideration hereinafter named, agree as follows: ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor/Consultant shall assign the following individual to manage the project described in this contract: Linda Mohr. 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 contract: City of Oshkosh Water Distribution System Hydraulic Modeling On- Call Services Project. ARTICLE III. SCOPE OF WORK The Contractor/Consultant shall provide the services described in its proposal attached hereto and incorporated herein by reference. The Contractor/Consultant may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Contractor/Consultant's request, such information as is needed by the Contractor/Consultant to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's/Consultant's work the City will examine all reports and other documents and will make any authorizations 1 necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the General Conditions / Contractor's proposal. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $24,995.00, adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The Contractor/Consultant shall submit itemized monthly statements for services. The City shall pay the Contractor/Consultant within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of disputed amount and shall provide to Contractor/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 VII. CONTRACTOR TO HOLD CITY HARMLESS The Contractor 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 Contractor, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract 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 VIII. INSURANCE The Contractor/Consultant agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE IX. TERMINATION A. For Cause. If the Contractor/Consultant shall fail to fulfill in timely and proper manner any of 2 the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Contractor/Consultant. In this event, the Contractor/Consultant shall be entitled to compensation for work completed to the termination date. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Contractor/Consultant no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor/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: CH2M HILL Engineers, Inc. • By: A Kurt -Hermann, P.E., Vice President 13 (Seal of Contractor Date if a Corporation.) CITY OF OSHKOSH By: Mark A. ohlo f, City Manager (Witness) And: Lb&C,k_'?--V-1) (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay 0 the liability which will accrue _ under this contract. City At •rney City Co i .r:ler 3 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 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 2013 HOURLY CHARGE RATES for PROFESSIONALS AND TECHNICIANS Classification Hourly Rate Senior Consultant $215 Senior Project Manager, Senior Project Engineer $200 Senior Designer $175 Project Engineer $155 Associate Egnineer $130 Engineer, Senior CAD Technician $115 Associate Egnineer, 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 $.565/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 Note b Assessment applies to all Health & Safety trained individuals Rates subject to change on January 1,2013 A`°RO® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 01/15/2013 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). PRODUCER CONTACT PHO MARSH USA INC. PHONE' 1225 17TH STREET,SUITE 2100 (A/CC,No,Ext): (A/C,No): DENVER,CO 80202-5534 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 15114-12345-5EX2P-12/13 WDC BK INSURER A: Greenwich Insurance Company 22322 INSURED INSURER B: N/A N/A CH2M HILL ENGINEERS,INC. 9127 SOUTH JAMAICA STREET INSURER C:XL Specialty Insurance Co. 37885 ENGLEWOOD,CO 80112 INSURER D:Zurich American Insurance Co 16535 INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-002343717-08 REVISION NUMBER:16 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 ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR _INSR WVD (MM/DDIYYYY) (MM/DD/YYYY) GENERAL LIABILITY X EACH OCCURRENCE $ 1,500,000 A X RGE500025501 05/01/2012 05/01/2013 DAMAGE TO RENTED 1,500,000 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 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 POLICY PRO-CT LOC $ JE AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT 2,000,000 (Ea accident) $ 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 NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (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 C ANY PROPRIETOR/PARTNER/EXECUTIVE YIN RWD500025201(AOS) 05/01/2012 05/01/2013 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A WI RWR500025301 ' (Mandatory in NH) (WI) 05/0112012 05/01/2013 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D PROFESSIONAL LIABILITY' E0C3829621-10 05/01/2012 05/01/2013 Each Claim&Total For $2,000,000 All Claims. 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. 'FOR PROFESSIONAL LIABILITY COVERAGE,THE AGGREGATE LIMIT IS THE TOTAL INSURANCE AVAILABLE FOR CLAIMS PRESENTED WITHIN THE POLICY PERIOD FOR ALL OPERATIONS OF THE INSURED.THE LIMIT WILL BE REDUCED BY PAYMENTS OF INDEMNITY AND EXPENSE. 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 �4'u Q-d✓ rGU ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ENDORSEMENT#021 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. i' r. • , (Authorized Rep'es; tative) MANUS ©2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission.