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HomeMy WebLinkAboutCH2M HILL/CMOM Program 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 CMOM Program Assistance Project Suite 400 Milwaukee, WI 53214 Please find: ® Attached ❑ Under Separate Cover El Copy of Letter ® Contracts ❑ Amendment El Report ❑ Agenda ❑ Meeting Notes ❑ Photos El Mylars El Change Order El Plans El Specifications ❑ Estimates ❑ Diskette El Zip Disk El Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: El For Approval ® For Your Use El As Requested ❑ For Review& Comment Remarks: Enclosed is a copy of the executed agreement for the CMOM program 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: Lam. Tracy :ylor 1:1Engineering\Tracy TaylorlSteve Brand Agreements\CH2M Hill LOT-Executed Agreemnt-CMOM Prog Assist_10-2-13.do AGREEMENT THIS AGREEMENT, made on the ooak day of C , 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 CMOM PROGRAM 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. I:IEngineenng\Tracy Taylor\Steve Brand Agreements\CH2M Hill-CMOM Prog 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\Engineering\Tracy Taylor\Steve Brand Agreements\CH2M Hill-CMOM Prog Assist_9-13-13.docx 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: $24,975 (Twenty Four Thousand Nine Hundred Seventy 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. I\Engineering\Tracy Taylor\Steve Brand Agreements\CH2M Hill-CMOM Prog Assist_9-13-13.docx 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: CONSULTANT By: I rt Heller :nn, P.E., Vice President (Seal of Consultant if a Corporation.) CITY OF OSHKOSH By: ��---4- XG '-l•-�` (Witness) Ma k A. Rohloff, City Man ger And: )a J)z,- (Witness) Pamela R. Ubrig, City Cielrk � Y APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which — R dri ial ' which will accrue under this Agreement.I �— •'ty Att. a - City Comptroller Page 4 of 4 SCOPE OF SERVICES CMOM Program Assistance CH2M HILL will provide CMOM program assistance consisting of regulatory reporting and engineering services, as directed by the City.The anticipated activities include the following: CMOM-related reporting—CH2M HILL assistance will include timely review of sewer system operation and maintenance data and preparation of the 3rd and 4th quarter 2013 reports to U.S. EPA and WDNR. Sewer system flow monitoring guidance–CH2M HILL will review flow monitoring information for utilization in the City's collection system model. CH2M HILL will respond to requests for information in support of the City's on-going flow monitoring activities. CMOM Program and SECAP review comments—CH2M HILL will respond to review comments and requests for additional information submitted by U.S. EPA or WDNR regarding the CMOM Program Plan and SECAP Draft Final Plan submitted September 1, 2013. Engineering Services Compensation The estimated level of effort and fees for professional technical services are summarized in Table 1. Activity Level of Effort(hours) Fee CMOM Program Assistance 163 $24,975 • CH2M HILL 2013 HOURLY CHARGE RATES for PROFESSIONALS AND TECHNICIANS Classification Hourly Rate Senior Consultant S220 Senior Project Manager, Senior Project Engineer $200 Senior Engineer $175 Project Engineer $155 Modeler $140 Engineer, Senior CAD Technician $1 15 Associate Egnineer, Project Accountant $90 CAD Technician, Clerical $80 Expenses Expense Type Estimating Method 1 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 Mole.3 Assessment applies to all labor hours Note° Assessment applies to all Health &Safety trained individuals Rates subject to change on January 1.2013 Aco® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ‘......----- 05/08/2013 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: PHONE 1225 17TH STREET,SUITE 2100 JA/C.No.Ext): FAX No): DENVER,CO 80202-5534 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 15114-12345-5EX2P-13114 021825 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 Insurance America,Inc. 24554 ENGLEWOOD,CO 80112 INSURER D:Zurich American Insurance Co 16535 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: SEA-002343717-11 REVISION NUMBER:17 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIODJYYYY) (MM/DDlYYYY) LIMITS GENERAL LIABILITY X A X EACH OCCURRENCE $ 1,500,000 COMMERCIAL GENERAL LIABILITY RGE500025502 05/01/2013 05/01/2014 DAMMISAGE T 1, , PREES(O Ea RENTED occurrence) $ 500000_ CLAIMS-MADE X OCCUR MED EXP(Any one person) _ $ X $500,000 SIR PERSONAL&ADV INJURY $ 1,500,000 GENERAL AGGREGATE $ 5,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 5,000,000 POLICY PRO- — - JECT LOC AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT A X (Ea accident) $ 2,000,000 ANY AUTO RAD500025402(AOS) 05/01/2013 05/01/2014 BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED RAD500025602 MA BODILY INJURY(Per accident) $ AUTOS AUTOS RAD500025602(MA) 05/01/2013 05/01/2014 NON-OWNED HIRED AUTOS AUTOS 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 Y/N RWD500025202(AOS) 05/01/2013 05/01/2014 TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE 1,000,000 C C OFFICER/MEMBER EXCLUDED? N N/A E.L.EACH ACCIDENT $ (Mandatory in NH) RWR500025302(WI) 05/01/2013 05/01/2014 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D PROFESSIONAL LIABILITY' E0C3829621-11 05/01/2013 05/01/2014 Each Claim&Aggregate $2,000,000 Each Policy Period 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. I Sharon A.Hammer figu.ti Q_CA: ,, __, ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 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 Person(s)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 .AII 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. (a a� C' Authorized Representative MANUS ©2013 X.L. America, Inc. All Rights Reserved. May not be copied without permission.