HomeMy WebLinkAboutCH2M Hill Engineers/TMDL Tech AssistanceCITY 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
CH2M HILL Engineers, Inc.
135 South 84t Street, Suite 400
Milwaukee, WI 53214
Please find:
❑ Copy of Letter
❑ Meeting Notes
❑ Specifications
� Attached
� Contracts
❑ Photos
❑ Estimates
Quantit Description
2 Executed A reements
Date: September 25, 2015
Sub�ect: Executed Agreements
❑ Under Separate Cover
❑ Amendment ❑ Report ❑ Agenda
❑ Mylars ❑ Change Order ❑ Plans
❑ Diskette ❑ Zip Disk ❑ Other
These are being transmitted as indicated below:
❑ For Approval
Remarks:
� For Your Use ❑ As Requested ❑ For Review 8� Comment
Enclosed is a copy of the executed agreement for the TMDL technical assistance. A City of Oshkosh
Purchase Order will follow shortly. Please reference this Purchase Order number on all of your
invoices. Also enclosed is a copy of the executed agreement for the wastewater pretreatment
program update. Please reference Res. No. 15-422 on all of your invoices for these services.
If you have any questions, please contact us.
Steve Brand — Copy
City Clerk's Office — Original
cc: _ File — Original Signed:
racy . Ta lor
ClEngineeringlTracy TaylorlSteve Brand Agreemenls\CH2M Hill\TMDL Assist�2015\TMDL Technical AssisflLOT-Executed Agreement_9-25-15.docx
AGREEMENT
This AGREEMENT, made on the �3�day of , 2015, 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 TMDL TECHNICAL ASSISTANCE.
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, P.E. — Senior 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
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.
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ARTICLE IV. STANDARD OF CARE
The standard of care applicable to CONSULTANT's services wili 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. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND
SCHEDULES
In providing opinions of cost, financial analyses, economic feasibility projections,
and schedules for the PROJECT, CONSULTANT has no control over cost or price of
labor and materials; unknown or latent conditions of existing equipment or structures
that may affect operation or maintenance costs; competitive bidding procedures and
market conditions; time or quality of performance by operating personnel or third
parties; and other economic and operational factors that may materially affect the
ultimate project cost or schedule. Therefore, it is understood between the parties that
the CONSULTANT makes no warranty that the CITY's actual project costs, financial
aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions,
analyses, projections, or estimates.
ARTICLE VI. RECORD DRAWINGS
Record drawings, if required, will be prepared, in part, on the basis of information
compiled and furnished by others. CONSULTANT is not responsible for any errors or
omissions in the information from others that the CONSULTANT reasonably relied upon
and that are incorporated into the record drawings.
ARTICLE VII. 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 VIII. ASBESTOS OR HAZARDOUS SUBSTANCES
If asbestos or hazardous substances in any form are encountered or suspected,
CONSULTANT will stop its own work in the affected portions of the PROJECT to permit
testing and evaluation.
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If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos
remediation activities using a qualified subcontractor at an additional fee and contract
terms to be negotiated.
If hazardous substances other than asbestos are suspected, CONSULTANT will,
if requested, conduct tests to determine the extent of the problem and will perForm the
necessary studies and recommend the necessary remedial measures at an additional
fee and contract terms to be negotiated.
CITY recognizes that CONSULTANT assumes no risk and/or liability for a waste
or hazardous waste site originated by other than the CONSULTANT.
ARTICLE IX. CITY'S INSURANCE
CITY will maintain property insurance on all pre-existing physical facilities
associated in any way with the PROJECT_
CITY will provide (or have the construction contractor(s) provide) a Builders Risk
All Risk insurance policy for the full replacement value of all project work including the
value of all onsite CITY-furnished equipment and/or materials associated with
CONSULTANT's services. Upon request, CITY will provide CONSULTANT a copy of
such policy.
ARTICLE X. 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 XI. 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:
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1. This Instrument
2. CONSULTANT's
attached hereto
Scope of Services dated September 8, 2015 and
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 XII. 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 $24,580 (Twenty Four Thousand Five
Hundred Eighty Dollars).
• Attached fee schedule 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 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 XIII. 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
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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
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 XIV. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh lnsurance
Requirements.
ARTICLE XV. 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 XVI. 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 XVII. 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.
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ARTICLE XV111. 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:
(Seal of Consultant
if a Corporation)
(Witness)
(Witness)
AP OVED:
� � �
t rney �_ .
CONSULTANT
By: -
'�rc�- ,�;ir� % 1�
(Specify Title)
:
(Specify Title}
CITY OF OSHKOSH
By: /�'�-- /� o
Ma c A. Rohloff, City Manage�
And:
. �g.{G� c ��� "" /
1 hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
�.:�� �,C��(�
City Comptroller
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SCOPE QF SERVICES
TMDL Tec�nica
Purpose
__�
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Assista nce s�� �
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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. While City is legaily contesting the proposed permit limits, it
is also taking a number of actians ta prepare for changes in phosphorus lirnits. These actions inciude
participatir,g as an active stakeholder in the Upper Fox River watershed total maximum daily load
{TMOL} process. The outcomes of the TMDL wi(I impact City WWTP effluent tirnits. The City is also
investing strategies to achieve a lower phosphorous limit including the following:
• Optimizatian of phosphorus removai with current treatment processes
• Phosphorus source reduction
+ Additional treatment processes and upgrades to the existing WWTP
• Adaptive management and/or poflutant trading with upstream cantributars
The purpose of this scope af services is to provide technicai engineering services at the direction of the
City to support its efforts to comply with reasonable phasphorus limits.
Task 1—Technieal Assistance �
CH2M will facilitate a workshop to discuss phosphorus comp(iance strategies and praduce a decision
tree or roadmap tool to identify the options, critica! decisians to be made, and a timeline. It is
antic(pated that this workshop would cansider technical, legal, and regulatory aspects of phosphorus
compliance effarts.
CH2M services will include review of planning materials, participation in meetings, and submission of
review corr�ments and professianal apinion. 7hese services will be provided primarily by professional
engineers based in CH2M's Milwaukee office, with occasional consultation with other technicai experts
as needed.
CH2M will provide meeting minutes and conversatian summaries to docurnent aspects of the TMDE.
process and related phosphorus compliance planning activities for communication with City
stakeholders.
GH2M wi!( provide technical advice and recommendations with consideration of the wide-ranging
options for compliance with WQBEIs. 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/qua}ity con�trol
Froject management and quality assurance/quality contral duties include:
Communication. Communication will be maintainad through regular team meetfings, telephone calls,
and e-mail. Meetings will be held with City staff to discuss the TMDI. and phasphorus compliance
planning pracess. ln addition to meetings, reports on project b�dget and activlties wiil be submitted
with monthly invoices.
t2uality Control/Quality Assurance (QAJQC). The role of the QAJQC process fs to supp�rt ihe praject
manager and technical staff througtiout the project and review compieted work at project mi(estones.
ProJect deliverables will be revlewed prior ta submission to the City.
Schedule
The TMDL technical cansuiting services wil) be provicied in 2015.
Leve[ of �fFo�� and Compensaiion
The levef c�f effort for professional engineering services and compensation is presented in Table 1.
TABLE 1
levei of effart and cost
Activi#y
7ask 1-TMDL Technical Assistance
Task 2— PraJect management and (aA/4C
Hours
116
32
TOTAL 148
Cast (labor and Expensesj
$19,540
$5,0400
$24,584
CH2M H(LL
2015 HOURLY CHARGE RATES
for
PROFESSIONAI.S AND TECHNICIANS
Classification
Senior Consultant
Senior Project Manager, Senior Project Engineer
Senior Engineer
Senior Designer, Senior Technologist
Project Engineer
Associate Modeler, Senior CAD Tech
Associate Engineer
Engineer
CAD Tech, Senior Clerical
C►erical
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. _ ��C�IVED €
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p�l-iKC�SEI, W1 COI�lSrNry
Hourly Rate
$220
$21Q
$190
$170
$150
$130
$120
$10S
$90
$75
Expenses
Expense Type Estimating Method Rate
AuCo mileage 7ravel $.575/mile
AuCo Rental Travel Actual
Other Travel {FTR Guidelines} Travel Actual
Equipment Rental Operating Expense Actual
Pastage/Freight Operating Expense Actual
Subcansuftants/�utside Services 5%
Rates subject to increase in 2016.
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215 CHURCN AVENUE, PO #�OX 1 t30
OSHK03H, Wl 64903-113D
ACORD 25 (2010106j
$H4ULD ANY OP THE A90UE DESCRI8EQ POLiCIE$ BE CANCELI.EO BEfORE
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71�is endorsement, a#ective �2:01 a.m., May 1, 20�8 farms a part of
poticy Np.R4�f>OOQ2�5Q4 issued to CH2M HILI. CqMPANI�S, LTQ.
by areenwlah lnsurana� Company
THis �NDORSEM�NT CMANaES TH� paLIGY, p1.�AS� R�AQ IT CAREFULLY
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1'his endorsen�ent modifi�s insurance provlded under the foliowing;
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With respeot ta c�ve�aga pr4vid�d bytMis �nctors�ment, the �rovisione ofths �ovaragQ Fart appiy. unless
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SCH�DULE
A. Seat(on 11 �-UVho is an Insured Is amended to Include�as an a�ddikianat insursd ti�a person(s) or
arffai3izatlon (s) shawn in tha sched�i(a and any oti�er �erson(s) or org�nixatiatl(s) you are�
required to add as an additf�nal insured under the contract, perrt�l# or accesa agreemeht
dsscribeci In the� sc}�edule but only w�th respeat ia liabflity for "�odlly fnjury" ar '�ropsrty
damag�" ar "personal and adver#Ising Injury aaused, in whoia or In part by:
�. "�odfly Injury", °property dama�e" or "personal and advertlstng injury° cau�ed by you�`
oNerations an ths additlonai insured's pren7ises ; or
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A� reseats 2, 3, and 4 the f�flawing also applies In ti�s performance of your angoing
operatlans for the addit(onal Insured(s) at the looatiQn(s) designaied abov�a,
Now�ver;
MANUS
4 2415 X.L. Ametica, tno, AH �tlghts Fisservad. t�a�e �
May nat be copled wlthout permisslon.
�
'f, the lnsurance �ffarded to such additional insured(s) only applleQ to tha ex#ent �ermittecE
by law; ar�d
2. if covera�e provided to the addltivn�i inaured{s) is required by a ctintract, permit �r
aacass agtee��sctt, tha (nsu�ance aftorded to suah additianat insured(s) w114 not �a brpadsr
than that which you are requlred by the contraot, perrnit or access ag�eem snt to pravlde
for suati additianal lnsurad{sj
�, Only when requ[�ed by a cantraot, permlt or aacess agreernent this lnsurance appiies to,
9. ta} Alt work on the project (otf�er than ssMce, maintenance or repairs) to be perfarmed by
or on behalf of tMe �dditional lnsureci(s} at the s{te ot the aoveret! operat{ans has been
campfeted; a' (b}'ihaE pottion af yaur work out of whlch tha EnJuey or damage arises has
been put to Its lntend�d use by any person or organixattan other than another contraotor
or suboontractor e�igaged in perforrning operatlott� f�t• a prinolpal as par� of the same �
project. . .
� 2. "�odAy injury" or "Property pamage arl�Ing out of any act ar omisslon of the addil;onal
1r�sured(s} or any of ihefr empbXees, atl�er than the genera) supervision nf work
per%rn�ed for the additional Insure�(s} by you.
Nowever:
3. The Insurance afford�d Fa such �ddltinna! insured(s) only applies ta the �xi�ttt p�rmitted Gy law �nd
4 tf coverage p�ovided ta the �ddiElonal Insured(s) }s requlred by a cor�iraa#, p�rmit ar access
�gree�t ent, the in�uranoe afl'orded ta such additlona! in�ur�d{s) will not be broader than that w�tiGh you
are requlrecl by the cpntract, p�ermit or access agreement to pravide ior such additianal insured(s).
G. A�iy coverag� providsd hereunder shali be exGess avar any ather wal4d and coilectibEe insuranGe
avallabl� to the acldltional fnaured(s) whether primary, exasss, oontingent or on any other basis unlese a
cantract speaffically required tirat tt�is insuranae be prl�nary, or yau requsst that it appiy on a primary
basis. VVt�ett tltis insurance applies on a prtmary basis for the additlbna! Inst�reds cles�r(bed above, ft sha�ll
app3y only to ubod{1Y inJury", "pro}�srty damage" or °persana! and advetttsh�g injury' aaused by your work
for ti��t addltional Ins�red by "or far you, �iher lnsuranae afforded to those additional Insureds wIU apply
as excess and nok contribs�ke as �rimary to the insuranae affordsd by this endorsement,
7he ijmits of, insurance wltt� respeot to �ach person, or�anizalion or etttity �hali nat exoeed the Itmits
of 1labiiity oi the named ins«red .Alf insuring agresments. exclusians and condiEions ai thie po1{ay
ap�Iy. In �lo event, shall the covera�a ,o� Ifmlts of insuranae !n tt�is caverage forrn be increased by
suah conkraot, permit oracosss agreetnent,
AI! atherterms and cor�diElons remain the same. }'� .�_
��„7`Me�'r�t�"� .j�d`�l'
�l
(Authariz8d itepras�ntativs)
MANUS � 2095 X.L. An�erica, Ittc. All Rtghks Reserved, Page 2
May not be aopled wlthouk perm{ss�an.