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HomeMy WebLinkAboutADS, LLC/Cont 13-11 (2013) 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: Ms. Vickie A. Gesellschap Date: July 29, 2013 ADS, LLC Subject: Executed Agreement 1300 Meridian Street Sanitary Sewer System Flow Huntsville, AL 35801 Monitoring Contract 13-11 Please find: ® Attached El Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk El Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ❑ For Your Use ® As Requested ❑ For Review& Comment Remarks: Enclosed is a copy of the executed agreement for the sanitary sewer system flow monitoring, as you requested. 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: AAr_ /A Tr;( .FTaylod 1 (:\Engineering\ 3-11 San MH Rehab-I&11Project_Information\Correspondence\LOTs113-11 ADS LOT-Executed Flow Mon Agreemnt_7-29-13.docx --IAN (TI 5Eu/FR sren fa.° 110N ITBR I^r() AGREEMENT THIS AGREEMENT, made on the /6'day of -4"usj , 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and ADS Environmental Services, 1300 Meridian Street, Suite 3000, Huntsville, AL 35801, 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. The CONSULTANT's Proposal and the City of Oshkosh's Request for Proposal are attached hereto and reflects the agreement of the parties except where they conflict with this Agreement, in which case this Agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this Agreement: Robert Miller— 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: Joseph R. Sargent, P.E. — Civil Engineer Senior ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The CONSULTANT may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the CITY. 2/21/12 Page 1 of 4 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. 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 in the CITY's Request for Proposal. 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. City of Oshkosh Request for Proposal 3. Consultant's Proposal 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. 2/21/12 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 $57,500.00 (Fifty-seven thousand five hundred 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 of any kind or character whatsoever which may in any way be 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. ARTICLE IV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. 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. 2/21/12 Page 3 of 4 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 �4 .�.i..�'/ By: 1. 4 ir..rM11 _ Vice Presi de.Au-- (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: (Witness) Mark A. Rohloff, City Manager And: (Witness) Pamela R. Ubrig, City lerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which which will accrue under this Agreement. ity Atto""'-y ,i4. ,,s/../5„. City Comptr lecti 2/21/12 Page 4 of 4 Request for Proposal for Sanitary Collection System Flow Monitoring Services City of Oshkosh, Wisconsin The City of Oshkosh, Wisconsin, is requesting proposals for professional services to install and maintain five (5) flow monitors at selected locations in the sewer system. Collected information will be used to calibrate and verify a Storm Water Management Model (SWMM) hydraulic model developed by others for the City of Oshkosh Collection System.The project will have an anticipated minimum duration of 60 days, with anticipated start and end dates for data collection of May 15, 2013, and July 15, 2013, respectively. The duration of flow monitoring may be shortened if 3 significant wet weather events are recorded before the conclusion of the 60 day monitoring period. The City of Oshkosh sanitary sewer conveyance system consists of 263 miles of sanitary sewers, 17 lift stations, and 10 miles of wastewater force mains. A schematic of the sewer system and the proposed monitoring locations are shown in Figure 1. Table 1 summarizes the locations. Questions regarding this request for proposal should be directed to Mr. Steven Gohde, P.E., Asstistant Director of Public Works. PWD at (920) 236-5065. E-mail sgohde@ci.oshkosh.wi.us Table 1 Proposed Flow Monitoring Locations City of Oshkosh, Wisconsin Sanitary Sewer System Preliminary Flow Pipe Size at Monitoring Monitor No Manhole ID Approximate Location Location (inches)** FM1 06-1024 To the North of N. Campbell 42 Road and Dempsey Trail FM2 13-1793 S. Washburn Street, South of 10 McClone Drive FM3 12-937 Intersection of West Snell 10 Road and Vinland Street FM4 16-1490 North Washburn Street, North 21 of Linway Ct. FM5 ** All pipe sizes should be field verified Scope of Work The goal of this flow monitoring project is to collect continuous flow data to compare against results obtained through the use of a SWMM hydraulic model. Monitoring activities for this project will include equipment installation, operation and maintenance of flow monitors, mobilization and demobilization of crews and devices needed to perform thse tasks, and data submittals to the City. 1 Project Initiation Meeting The City and the flow monitoring contractor (Contractor) will meet to outline the various activities, responsibilities and scheduling for the project. The parties will clarify any ambiguities related to the work. At this meeting the Contractor project manager will present: • A safety plan for the tasks described in this scope of work (a confined space entry permit or waiver may be required from the operator) • A schedule that will identify each of the contractor work tasks and a time schedule for such • The reporting and invoicing procedures • A list of key personnel, with titles and responsibilities, including contact information The initiation meeting will allow the Contractor to interview the City about specific questions relating to the sewer system. The City will provide the following during the project initiation meeting: • Information related to the design and operation of applicable collection system structures • Information related to the existence of known safety hazards • List of key personnel, with titles and responsibilities, that can be contacted by the Contractor, as appropriate, including at least 1 contacts in non-business hours Mobilization The Consultant shall perform detailed reconnaissance on each suggested monitoring location and will evaluate the hydraulics at each site to determine the most suitable approach for monitoring. The Consultant shall review results of reconnaissance work with the City prior to installing any monitors. Any problems that might interfere with the proposed flow monitoring shall be noted and, if necessary, alternative sites shall be evaluated. A flow monitoring plan, containing a short site assesment report for each site shall be submitted to the City for review before installation of any monitors. The plan must include installation forms for each location that include location sketches, arrangement sketches, field measurements, and equipment to be installed. Installation During this period all the monitoring units will be installed, activated and calibrated. The flow monitors will include 5 monitors that provide both water level and velocity measurements in sanitary sewers.The flow monitors will be installed as summarized in Table 1. Meter installation pictures and dimensioned sketches will be provided to the City. The Contractor will be responsible for providing all equipment required for installation of flow monitors, and for returning facilities to the condition they were in prior to installation of flow monitors. 2 The Contractor will be responsible for the costs and equipment for traffic control at all sites where it is needed during the installation of meters.This entails use of a vehicle with flashing yellow warning lights, and placement of traffic cones. Monitoring Period During the monitoring period, measurement of both dry and wet weather flows will be obtained, weather permitting, for later analysis. Data obtained during the mobilization, installation and demobilization periods is not to be considered for use in this analysis. Flow measurements will include depth, pressure head and velocity readings every 5 minutes. Data Format: Flow data will be provided to the City on a CD in an EXCEL spreadsheet. The data will be reported in 5 minute intervals and will include the following columns of data: • Date and time • Calibrated Depth (ft) • Calibrated Velocity (ft/s) • Computed Flow (cfs by Manning's Equation) • Computed Flow (cfs by Continuity: Q=V*A) In addition,the Contractor will provide flow plots based on: • Calibrated depth using Manning's Equation • Calibrated depth and velocity using continuity equation (Q=V*.A) In addition, depth vs. area curves will be provided for each flow monitoring site for all non-circular pipes (if any). A log of site visits will be kept describing findings, calibration procedures, and any monitor relocations. The Contractor will provide this information to the City with a copy of this log with each bi- weekly flow monitoring progress submittal. Monitor Quality Control Procedures: During the monitoring period, each monitor will be checked in the field twice per week, by the Contractor's personnel. A field log of all monitor checks will be maintained as documentation. Field checks will involve, at a minimum, the following: • Check power supply levels and replace batteries as necessary • Clean sensors, if necessary • Descend manhole to check level of silt and debris • Obtain manual depth of flow and velocity measurements • Check and adjust sensor calibration, if necessary • Download flow information from data logger • Determine if monitors require relocation and do so, if necessary 3 Interim Reports:The following interim reports will be required: • The flow monitoring plan with meter installation pictures and dimensional sketches will be provided to the City within one week of meter installation. • The field log will be mainted and submitted weekly to the City. • Complete data tables and hydrographs for all locations will be completed and submitted to the City every two weeks. • Any problems in data collection due to meter malfunctions should be reported within two (2) days of discovering the problem. Demobilization Period Upon notification from the City that the required data have been obtained, the Contractor will remove the flow monitors and return the site to pre-monitorining functionality. Interim Reports and Final Report Finalized flow data with a discussion of methodology will be delivered within 30 days of completion of the monitoring period. Reports will consist of data tables, brief methodologies used, schematics and sketches of CSO configurations. Five copies of the Final Report will be provided,together with two copies of the final flow data on CD. ContractorSchedule For those firms expressing interest in submitting a proposal for the scope of services outlined above, an optional site visit will be conducted on May 1, 2013, to visit the proposed flow monitoring sites. Please contact Joe Sargent at (920) 236-5065 to confirm the schedule for this site visit. Four copies of the proposal should be submitted by 4 P.M., May 10, 2013, to: City of Oshkosh Engineering Division Room 301 215 Church Ave. PO Box 1130 Oshkosh, WI 54903-1130 Proposal Requirements Proposals will be structured as follows: • Scope of Work, including Deliverables, Procedures and Schedule • Monitoring Equipment, including Calibration Procedures • Safety and Confined Space Entry Procedures • Qualifications • Fee Proposal 4 The qualifications section should include an explanation of the proposed project team organization and resumes for project team members, as well as project descriptions and references for selected similar. projects conducted in the Midwest in the last 5 years, by the firm and by the project team members. The fee proposal should be organized based on unit costs, as shown in Table 2. If unit costs are expected to vary for different sites, add rows to the table to differentiate the different sites. However, one number would be preferred to allow comparison of proposals. TABLE 2 Cost Basis for Fee Proposals—Flow Monitoring City of Oshkosh, Wisconsin Sanitary Sewer System Cost per No. Of Cost per Site per Cost Item No. Of Sites Days Site Day Total Cost Sewer Monitoring Locations Mobilization 5 NA NA Installation 5 NA NA Monitoring 5 120 NA Demobilization 5 NA NA Documentation Interim Reports and Final NA NA Report Proposal Selection and Agreement The proposals will be reviewed for completeness and how well it is demonstrated that the needs of the City of Oshkosh can be met. The award of this work will not be based solely on cost of the proposal. Beyond this scope and budget, the contractual agreement will require the proposer to provide proof of required insurance coverage, naming the City as an additional insured,to the City as part of their RFP submittal. The City's insurance requirements are attached to this RFP. Upon signature by designated City officials, the agreement will become binding and the proposer may begin to execute its scope of work. A sample of the Standard Engineering Services Agreement is also attached to this RFP. 5 A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07102/2013 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 MARSH USA INC. NAME: 540 W.MADISON PHONE FAX (A/C,No): CHICAGO,IL 60661 E-MAIL Ext1: Attn:Fax:212-948-0770 or Chicago.CertRequest©marsh.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# ADS INSURER A: Liberty Mutual Fire Ins Co 23035 INSURED INSURER B:American Guarantee and Liability Insurance Company 26247 ADS Environmental Services 1300 Meridian Street,Suite 3000 INSURER C:Liberty Insurance Corporation 42404 Huntsville,AL 35801 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-004700554-02 REVISION NUMBER:5 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 EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY TB2-681-004088-043 01/01/2013 01/01/2014 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 1,000,000 PREMISES(Ea occurrence) $ _ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY JECDT LOC $ A AUTOMOBILE LIABILITY AS2-681-004088-033 01/01/2013 01/01/2014 COMBINED SINGLE LIMIT 2,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ X ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ _ $ B X UMBRELLA LIAB X OCCUR AUC-5943102-04 01/01/2013 01/01/2014 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ $ C WORKERS COMPENSATION WA7-68D-004088-513(AOS) 01/01/2013 01/01/2014 X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WC7-681-004088-013(OR,WI) 01/01/2013 01/01/2014 E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers are included as Additional Insured with respect to General and Automobile Liability coverages as required by written contract,subject to policy terms and conditions.The Umbrella policy is following form on the Primary Policies with respects to Additional Insured status. CERTIFICATE HOLDER CANCELLATION City of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:City Clerk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 Church Avenue ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1130 Oshkosh,WI 54903 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee .,3 o.w at..z ..101Lwccu .t c. ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 0 I I I Proposal City of Oshkosh, Wisconsin REQUEST FOR PROPOSAL FOR SANITARY COLLECTION SYSTEM FLOW MONITORING SERVICES P 111 Attention: Steven Gohde, P.E. 0 0 • i ) v61.1 ( e r • ev ‘ etA) • • • • detfIS 1::q4•4 0 I 1 (0 q 0 Innovation Flexibility Affordability A 12 AM, ENVIRONMENTAL moo .SERVICES 0