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HomeMy WebLinkAboutCH2M HILL/TMDL Assistance Project 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. Linda Mohr Date: October 2, 2013 CH2M HILL Engineers, Inc. Subject: Executed Agreement 135 South 84th Street TMDL Assistance Project Suite 400 Milwaukee, WI 53214 Please find: ® Attached n Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment El Report El Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order El Plans El Specifications El Estimates El Diskette El Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use El As Requested ❑ For Review & Comment Remarks: Enclosed is a copy of the executed agreement for the TMDL assistance project. A City of Oshkosh Purchase Order will be forwarded to you 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 Steve Brand —Copy cc: _ File —Original Signed: Tr. y ►. aylor I:IEngineering\Tracy Taylor\Steve Brand Agreements ICH2M Hill LOT-Executed Agreemnt-TMDL Assist_10-2-13.do AGREEMENT THIS AGREEMENT, made on the a day off , 2013, 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, Suite 400, 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 for the TMDL ASSISTANCE PROJECT. 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. 1:1Engineering\Tracy Taylor\Steve Brand Agreements\CH2M Hill-TMDL Assist_9-13-13.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. I:1Engineering\Tracy Taylor\Steve Brand Agreements\CH2M Hill-TMDL Assist_9-13-13.docx Page 2 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: CONSULTANT BY: ! A/►ti■// u Hellerm'rin, P.E., Vice President (Seal of Consultant if a Corporation.) CITY OF OSHKOSH By: (Witness) Mar A. Rohloff, City Manager A . And: 0.)c19( (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which which will accrue under this Agreement. Wirt Al Pei1 .L �r Aft-01W gcl-kA)-0.,t,0 GUI-0-(A} City Comptroller Page 4 of 4 SCOPE OF SERVICES TMDL Assistance Background Wisconsin's phosphorus water quality standards were approved December 1, 2010, creating new phosphorus targets for Wisconsin's waters.These targets are designed to protect water quality and to ensure that Wisconsin's surface water fishable and swimmable for current and future generations. In the reissuance of its Wisconsin Pollutant Discharge Elimination System (WPDES) permit for the City of Oshkosh (City)Wastewater Treatment Plant(WWTP),significantly lower phosphorus Water Quality Based Effluent Limit(WQBEL) is proposed. Consequently,the City is considering a number of actions including the following: • Optimization of phosphorus removal with current treatment processes • Phosphorus source reduction • Additional treatment processes and upgrades to the existing WWTP • Adaptive management and/or pollutant trading with upstream contributors Purpose The purpose of this scope of services it to provide technical planning assistance and stakeholder involvement in the Upper Fox River watershed total maximum daily load (TMDL) process which is in its initial stage of development. A TMDL determines the maximum amount of phosphorus and total dissolved solids that a watershed is capable of assimilating while continuing to meet the water quality standards.The TMDL establishes a pollution "budget"for a watershed and pollutant reductions needed from each pollutant source to meet water quality goals.The TMDL seeks to meet the water quality criteria by reducing the phosphorus and suspended solids loadings from not only wastewater treatment facilities, but also from non-point sources such as agricultural and municipal storm water. Because load reductions from non-point sources are taken into account,the implementation of the TMDL may result in City WWTP effluent phosphorus limits that are less restrictive than WQBELs. Task 1 - TMDL Technical Assistance CH2M HILL will provide the City with technical assistance during the TMDL process.Services will include review of planning materials, participating in meetings, and submitting documented comments and input when appropriate.These services will be provided primarily by professional engineers based in CH2M HILL's Milwaukee office, with occasional consultation with other technical experts as needed. CH2M HILL will provide meeting minutes and conversation summaries to document aspects of the TMDL process that warrant documentation for communication with City stakeholders. As directed by the City, CH2M HILL will assist the City and its attorneys with their communication related to the WPDES permit reissuance. CH2M HILL will provide technical advice and recommendations with consideration of the wide-ranging options for compliance with WQBELs the City will explore including optimization of wastewater treatment, water quality trading and watershed adaptive management or a combination of these measures. Task 2 - Project management, quality assurance/quality control Project management and quality assurance/quality control duties include: Preparation of project instructions.This guidance for the project team includes the detailed scope of services and project deliverables,task assignments and work plan, project schedule, project budget, health and safety considerations, and communication procedures within the team. Communication. Communication will be maintained through regular team meetings, telephone calls, and e-mail. Meetings will be held with City staff to discuss the TMDL and phosphorus compliance planning process. In addition to meetings, brief progress reports will be submitted to the City monthly. Quality Control/Quality Assurance (QA/QC).The role of the QA/QC process is to support the project manager and technical staff throughout the project and review completed work at project milestones. Cost Control.CH2M HILL will develop monthly invoices based on labor,expense and percent complete of project scope. Level of Effort and Compensation The level of effort for professional engineering services and compensation is presented in Table 1. TABLE 1 Level of effort and cost Activity Hours Cost(Labor and Expenses) Task 1—TMDL Technical Assistance 123 $19,620 Task 2—Project management and QA/QC 32 $5,200 TOTAL 155 $24,820 CH2M HILL 2013 HOURLY CHARGE RATES for PROFESSIONALS AND TECHNICIANS Classification Hourly Rate Senior Consultant $220 Senior Project Manager, Senior Project Engineer $200 Senior Engineer $175 Project Engineer $155 Modeler $140 Engineer, Senior CAD Technician $115 Associate Egnineer, Project Accountant $90 CAD Technician, Clerical S80 Expenses Expense Type I Estimating Method Rate 1 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 Not` Assessment applies to all labor hours N"'`' Assessment applies to all Health & Safety trained individuals Rates subject to change on January 1.2013 ENDORSEMENT#041 This endorsement,effective 12:01 a.m., May 1, 2013, forms a part of Policy No.RGE500025502 by Greenwich Insurance Company issued to CH2M HILL COMPANIES, LTD. 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 With respect to coverage provided by this endorsement,the provisions of the Coverage Part apply unless modified by this endorsement. SCHEDULE Name Of Additional Insured Persons) Or Organization Location(s) of Covered Operations Any entity, person or organization you are required All Locations by written contract, permit, access agreement, executed prior to any loss to provide additional insured status under this Policy. A. Section II—Who is an Insured is amended to include as an additional insured the person(s) or organization shown in the schedule, but only with respect to liability for "bodily injury", "property damage", or"personal and advertising injury" caused, in whole or in part by: 1. "Bodily Injury", "property damage" or"personal and advertising injury"caused by the additional insured's operations on your premises. or 2. "Your work"for the additional insured and included in the "products-completed operations hazard"; or 3. Your acts or omissions;or 4. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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 MANUS ©2013 X.L. America, Inc. All Rights Reserved. May not be copied without permission. 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 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. 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 to"bodily injury", "property damage" or "personal and advertising injury"caused by 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. The limits of, insurance with respect to each person, organization or entity shall not exceed the limits of liability of the named insured All insuring agreements, exclusions and conditions of this policy apply. In no event, shall the coverage or limits of insurance in this coverage form be increased by such contract, permit or agreement. All other terms and conditions remain the same. Sn •l Authorized Representative MANUS ©2013 X.L. America, Inc. All Rights Reserved. May not be copied without permission.