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HomeMy WebLinkAboutHydro Designs 3/7/2014 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: Mr. Gary McLaren Date: March 7, 2014 Hydro Designs, Inc. Subject: Executed Agreement 2665 South Moorland Road Cross-Connection Control Program New Berlin, WI 53151 Services Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ 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 the executed agreement for the 2014-2016 cross-connection control program services. 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 Clerk's Office—Original City Attorney's Office—Copy Steve Brand —Original cc: _Engineering Division —Copy Signed: Trac�I'I. �aylor I:1Engineering\Tracy Taylor\Steve Brand Agreements Hydro Designs LOT-Executed Agreement_3-7-14.docx �J AGREEMENT THIS AGREEMENT, made on the TtE day of `144 (--►-t , 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and HYDRO DESIGNS, INC., 52000 Crooks Road, Suite 100, Troy, MI 48098, 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 CROSS-CONNECTION CONTROL PROGRAM SERVICES. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Craig Wolf— Operations Director 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 M. Brand — Public Works Utility Bureau Manager ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Scope of Services. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. 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:\Engineering\Tracy Taylor\Steve Brand Agreements\Hydro Designs Agreement-Cross Connection Ctrl Prog_2-12-14.docx Page 1 of 5 ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. ARTICLE V. 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 VI. 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 CONSULTANT's Scope of Services. 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 VII. 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 dated February 18, 2014 and attached hereto I:\Engineering\Tracy Taylor\Steve Brand Agreements\Hydro Designs Agreement-Cross Connection Ctrl Prog_2-12-14 docx Page 2 of 5 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. ARTICLE VIII. 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: • Total Contract Amount of $143,760 (One Hundred Forty-Three Thousand Seven Hundred Sixty Dollars) over twenty-four (24) months to be paid in monthly payments of $5,990 (Five Thousand Nine Hundred Ninety Dollars). B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (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 IX. HOLD 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/her agents or assigns, his/her employees, or his/her 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. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of re-use of the documents without consent where such liability is founded upon or I:\Engineering\Tracy Taylor\Steve Brand Agreements\Hydro Designs Agreement-Cross Connection Ctrl Prog_2-12-14.docx Page 3 of 5 grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. ARTICLE X. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XI. 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 ten (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. ARTICLE XII. RE-USE OF PROJECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. CITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized re-use, change, or alteration of these project documents. ARTICLE XIII. SUSPENSION, DELAY, OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. I:\Engineering\Tracy Taylor\Steve Brand Agreements\Hydro Designs Agreement-Cross Connection Ctrl Prog_2-12-14 docx Page 4 of 5 ARTICLE XIV. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT /1/g4144 41,entive By: /es•44 (Seal of Consultant (Specify Title) if a Corporation.) By: 6 C JE2A & (Specify Title) CITY OF OSHKOSH By: to' (Witness) Mar/A._'ohio , Ciba_--ge � •� And: L /..: .� (Witness) 07 , Cf Clerk ANVIL '(fcJ , Pry APPROVED: I hereby certify that the necessary provisions �_ have been made to pay the liability which � will accrue under this AGREEMENT. OVA*...6I ity Attorney City Comptritrr c/ / I\Engineenng\Tracy Taylor\Steve Brand Agreements' ydro Designs Agreement-Cross Connection Ctrl Prog_2-12-14.docx Page 5 of 5 . Scope of Services The scope of services to be provided by HDI under this Agreement will include the inspections,compliance, preparation of quarterly management reports, and annual cross connection reports with respect to the Facilities to the extent specifically set forth in this Article II (hereinafter the"Scope of Service"). Should other reports be included within the scope of services,the same shall be appended to this Agreement as Exhibit 1. 2.1 PROGRAM REVIEW MEETING. HDI will conduct a Program Review Meeting for the Cross Connection Control/Backflow Prevention Program. Items for discussion include the following: • Review state&local regulations • Review wording and timeliness for program notifications including: -Inspection Notice -Compliance Notice -Non-Compliance Notices -Special Program Notices • Prioritize Inspections—(i.e. City Buildings,Schools, High Hazard Facilities) • Establish procedures and protocol for addressing specific hazards • Update program reporting procedures • Provide educational and public awareness brochures • Obtain complete facility listing and address information • Establish facility inspection schedule • Discuss high hazard and large industrial facility inspection/containment procedures.(see 2.11) 2.2 INSPECTIONS. HDI will perform initial inspections or compliance inspections or re-inspections at individual industrial, commercial, institutional facilities and miscellaneous water users within the City served by the public water supply for cross-connections. Inspections will be conducted utilizing the Isolation approach as supported by the Wisconsin Department of Safety&Professional Services, SPS 382 standards. • Initial Inspection — the first time and HDI representative inspects a facility for cross connections. Degree of Hazard is assigned to facility.The Degree of Hazard will dictate future re-inspection frequency/schedule of facility. (Facility will be either compliant or non-compliant after this inspection.) • Compliance Inspection—subsequent visit by an HDI representative to a facility that was non- compliant during the initial inspection to verify that the work was completed and meets the program compliance. • Re-Inspection— Revisit by an HDI representative to a facility that was initially inspected. The re-inspection frequency/schedule is based on the degree of hazard assigned to the facility during the initial inspection.(Two to six year re-inspection cycle.) 2.3 INSPECTION SCHEDULE. HDI shall determine and coordinate the inspection schedule. Inspection personnel will check in/out on a daily basis with the Utility designated contact person. Initial check in to include a list of inspections scheduled. An exit interview will include a list of inspections completed. 2.4 PROGRAM DATA. HDI will generate and document the required program data for the facilities listed below (in 2.10) using the HDI Software Data Management Program. Program Data shall remain property of the Utility; however,the HDI Software Data Management program shall remain the property of HDI and can be purchased for an additional fee. Data Services to include: • Prioritizing and scheduling of inspections. • Notify users of inspections, backflow device installation and testing requirements • Monitor inspection compliance. • Maintenance of program to comply with all WI Department of Natural Resources & Department of Commerce requirements. • 2.5 MANAGEMENT REPORTS. HDI will submit comprehensive management reports on a monthly& annual basis to the Utility,which will include the following: • Report format to include electronic updates and/or hard copy. • Electronic reports will be available in a downloadable format via email • Inspection notices sent • Number of facilities inspected • Number of facilities compliant/non-compliant 2.6 REVIEW OF CROSS-CONNECTION CONTROL ORDINANCE. HDI will review the current cross- connection control ordinance and update the cross-connection control plan specific to the Utility as required by Wisconsin Department of Natural Resources. • Plan update will include code adoption references, standard operational procedures, program notice documentation,reporting procedures and reference standards. • Plan update includes detailed re-inspection frequency for all facilities. 2.7 SUPPORT. HDI will provide ongoing support via phone,fax, internet or email. 2.8 FACILITY TYPES. The facility types included in the program are as follows: • Industrial • Public Authority • Commercial 2.9 LARGE, HIGH HAZARD FACILITIES. Large industrial and high hazard complexes or facilities may require containment and additional assessment of the facility operations and/or processes. These facilities may require inspection/survey services outside the scope of this agreement. An independent cross connection control survey (at the business owner's expense) may be required of these facilities and the results submitted to the water utility to help verify program compliance. 2.10 INSPECTION TERMS. HDI will perform 1,320 initial inspections during the (24)twenty four month contract period. Each site visit counts as an inspection. (389)Meter Connections-Due based on 2 year inspection frequency: (931)Meter Connections previously never inspected 2.11 COMPLIANCE WITH WISCONSIN DEPARTMENT OF NATURAL RESOURCES AND WISCONSIN ADMINISTRATIVE CODE. HDI will assist in compliance with DNR and WI Administrative Code cross- connection control program requirements for non-residential facilities. 2.12 POLICY MANUAL. HDI will prepare a comprehensive cross connection control policy manual/plan submitted to the WI-DNR for approval on behalf of the Utility. 2.13 INVENTORY. HDI shall inventory all accessible (ground level) testable and non-testable backflow prevention devices. Information to include: location,size, make, model and serial number if applicable. 2.14 DATA MANAGEMENT. HDI shall provide data management and program notices for all inspection services throughout the contract period. 2.15 ANNUAL YEAR END REVIEW. HDI will conduct an on-site annual year end review meeting to discuss overall program status and specific program recommendations. 2.16 INSURANCE. HDI will provide all required copies of general liability,workers compensation and errors and omissions insurance naming the Utility as an additional insured if required. Cross Connection Control Proposal for DNR 810.15 Compliance&Safe Drinking Water Page 2 HYDRD-1 OP ID:DH "et ROY CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/27/14 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 586-977-6300 NAMEACT Brown&Brown of Detroit FAX P.O.Box 8029 586-977-6780 ( /CNNo,Ext): (NC,No): 35735 Mound Road E-MAIL Sterling Heights,MI 48311-8029 ADDRESS: Daniel L.West INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Hartford Casualty Insurance Co 002229 INSURED Hydro Designs Inc. INSURER B:Hartford Ins Co of the Midwest 002612 HDI of Florida, LLC INSURER C:Hartford Underwriters Ins.Co. 002232 5700 Crooks Rd.,Ste.100 Troy, MI 48098 INSURER D:Hiscox Insurance Company 003030 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL.GENERAL LIABILITY X 35SBAPI8563 12/15/13 12/15/14 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 X EPL$5,000 GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG_ $ 2,000,000 —1 POLICY X jE LOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY CO E BINEDtSINGLE LIMIT $ 1,000,000 C X ANY AUTO X 35UECJP7978 12/15/13 12/15/14 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS AUTOS ( ) X HIRED AUTOS X N -OWNED PROPERTY DAMAGE _ AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE 35SBAPI8563 12/15/13 12/15/14 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION WC STATU- 0TH- AND EMPLOYERS'LIABILITY �,/N X TORY LIMITS 0g - AND ANYPROPRIETOR/PARTNER/EXECUTIVE 35WECZM8649 12/15/13 12/15/14 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 D Professional Liab ANE101095513 12/15/13 12/15/14 Per Claim 2,000,000 Aggregate 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 an additional insured for general and auto liability per Form SS0008 04/05 attached. Per Project general liability aggregate limits apply on Policy #35SBAPI8563 per Form SS0433 04/05 attached. CERTIFICATE HOLDER CANCELLATION OSHKOSC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave AUTHORIZED REPRESENTATIVE PO Box 1130 Oshkosh„WI 54903-1130 /�j '�;' ` ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD