HomeMy WebLinkAboutAgreement/CH2M Hill Engineers / z_ qL
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A GREEMENT
This AGREEMENT, made on the 20day of 2096 by and
between the CITY OF OSHKOSH, party of the first part, hereinaftJrrred to as CITY,
and CH2M HILL ENGINEERS, INC., 935 South 80 Street, Suite4ty of the second
part, hereinafter referred to as the CONSULTANT,
WITNESSETH:
That the CITY and the CONSULTANT, for the consideration hereinafter gamed,
enter Into the following AGREEMENT for AIR PERMIT CERTIFICATION,
ARTICLE 1. 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 11. 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 Ill. 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 CART=
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. OPINIONS OF COST FINANCI L 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.
RTICLE 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 SUBSTANCE=S
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.
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.
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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 anyway 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 COMPLETIO
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:
1. This Instrument
2. CONSULTANT's Scope of Services dated January 22, 2016 and attached
hereto
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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 $6,660.00 (Six Thousand Six Hundred
Sixty 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.
D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell
phone charges, telephone charges, and equipment rental shall be considered overhead and
shall not be invoiced separately to the PROJECT,
E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up.
All Invoices with expenses shall Include supporting documentation of the expense. Failure
to include the supporting 'documentation will result In the reduction of payments by the
amount of those expense(s) not including documentation.
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.
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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 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.
RTICLE XIV. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
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._SUSPE'NSION,.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 XVIII. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other than CITY and
CONSULTANT and has no third-party beneflclaries.
In the Presence of: CONSULTANT
By: 44,
Vkq
(Seal of Consultant c aP .
if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By: "_ ly!�.
(Witness) Mark A, Rohloff, Clty Manager
And:
(Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
l jorney
ity Comp roll. r
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SCOPE OF SERVICES
Air Permit Certification IAN r 220W
KS
Task 1 -- Air Permit Certification 0slIKOS,11, avis<:c��s1y
Under the City of Oshkosh (City)Type A Registration Permit Coverage Number 471005920-ROPA Issued
by the Wisconsin Department of Natural Resources(WDNR)In January 2014,the City Is required to
perform an annual compliance audit to determine compliance status with each permit requirement.
CH2M will conduct and document the annual compliance audit and review the City's record keeping
plan. CH2M HILL will complete the annual compliance certification reports and monitoring reports for
submission to WDNR by February 26, 2016.CH2M will respond to WDNR review comments on the
submission.
Task 3 — Project managements quality assurance/quality control
Project management and quality assurance/quality control activities include:
Project management,The project scope of services will be managed through frequent team
communicatlon via meetings, telephone calls,and e-mail. project costs will be controlled through
monthly reviews and reporting to the City.
Quality Control/Quality Assurance (QA/QC),QA/QC reviewers will support technical staff and review
completed work prior to submission to the City.
Level of Effort and Compensation
The estimated level of effort for the scope of services Is 44 hours and proposed compensation$6,660,
TABLE 1
Estimated level of effort and compensation
8erucr .
Projaa woo I'Mact
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+ era TotelWbor Tolalitovrs Tool T0441W
Task Drscr Tat Moir 13inNs TEA 1Aura Wl6er Mau Tort r Task b.Task Fz ns0 Task
�V;p .nc 9Q: iMy{± F,aeo:' -ItdSrf i4ars k - r r
Pe edfAena amen4 + 0 0 ;0 0 S4 0 8 $1140 12 $200 "SIk40J
0U&1AasuranWC01vA-'- CM(O 1 4 0 40 0 So 0 0 ;880 4 8480
6u61alal 4 4 0 SO A $0 0 1 4 $2,320 14 $200 19,420 AlrPamAAsslstseses 4 4 5960 12 $2A40 4 0 5+.140 28 t ;+,I40
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0 $0 ;0 0 *$0
Total $ 4 i $960 12 42,040 4 B ;f�f0 44 ;900 ;4,440
CH2M HILL �t�cx,ivt.ta
2016 HOURLY CHARGE RATES.
for JAN Y 2 2016
PROFESSIONALS AND TECHNICIANS DE, M ['U131.1C WOR r S
QSHKOSH, 1�1[SC;Qi�StN
Cfassification Hourly Rate
Senior Consultant $220
Senior Project Manager,Senior project Engineer $210
Senior Technologist $190
Senior Designer $170
Project Engineer $1.50
Engineer $140
Associate Engineer $120
Junior Engineer,Scientist $1.00
Project Accountant $90
CAA Technician $80
Graphic Artist, Clerical $75
Expenses
Expense Type Estimating Method Rate
Photo Copies Service Center $0.05
Reprographics Service Center varies
Auto mileage Travel $,575/mile
Auto Rental Travel Actual
Other Travel(FTR Guidelines) Travel Actual
Equipment Rental Operating Expense Actual
Postage/Frefght Operating Expense Actual
Rates subject to change on January 1,2011
CERTIFICATE OF LIABILITY INSURANCE DAfi(0mwYYYYI
THIS CERTIFICATE IS ISSUED AS A MATTER OF:INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE NOES NOT AFFIRMIAYIVELY OR N1113ATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY 7HE POLICIES
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ATf}It SUPERINTEr1DF}1TOFUTft1TIES• " THE P.XPIRATION DATE; THEREOP, NOTICE WILL BB DRLEVEREo IN
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OSHKOSH,IYf S4$03.1iM MRORIrECRUPREBMATNII
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04988-2010ACORD CORPORATION, All rights reservod,
ACORD 26(2010105) Tho ACORD narno and logo aro roUlstorad marks of ACORD
15ND0R$EM9NT#041
Titil$endorsement,affective 12:01 a,tn„May 1, 2016 forms a part of
Polloy Nq.RGlw500026504 Issued to CH2M HILL COMPANIES,LTD.
byOreenwlch Insuranoe Company
THIS ENDORSEMENT CHANGES THE POLICY.PLEAS!~READ IT CAREFULLY
AUTOMATIC ADDITIONAL INWREWS PRIMARY bOVERA6E
This endorsement modifies Insurance provided under the following:
COMMERCIAL G EN FRAL LIABILITY COVERAGE PART
With respeotto coverage provldod hythis endorsement,the provfslone of the Coverage Pett apply,unless
modliled by this endorsement.
SCHEDULE
Name Of Additional insured persons Or Oraanlzation Locat o s of Covered O orations
Any'entlty,person or or anlzatlon you pro required All Looatlons
by any oontraot,pornilf,access a reement,
excout d prior toan loss to{govt addMonal
In ,
sured status er s c
A,. Sootlon(1-Whole an Insured Is amended lo'lnclude•as an additional Insured the persons)or
Organizatlon (s) ahoOn In (tie sohedule'and any other person(e) or organizatiotl(s) you are
required to add as an additidnal Insured under (lie contract, permit or aooe'ss atgresnieht
dosorlbed In the7 schedule but only with respect to liability for "bodily Injury' or '�property
dansago"or 1pnrsonal and advertlsing Injury oaused,In whole or In part hyt
1. 13odliy Injury","prop oily damage or"personal and adver(lsing Injury°caused by your
operations on the additional Insured'e premises;or
2. "Youry/orle fgrthe additional insured and Included In tho"produots-comploted operations•
hazard"; or
1 Your ants or omisslons;or
4. The apt$or omissions of those acting on your behalf
As resects 2, 3,and 4 the following also applies in the pet fomiance of your ongoing
operations for the additional Insured(s)at the looatlon(s)designated above,
However,
MANUS O 2016 X.L.Amerloa,Inc. All Rights Reserved, page 1
May not be copied without permission.
1,tho lnsur�nce afforded to such nddillonal Instired(s)only applies to the extent permltted
by law,and '
2. If ooverags provided to tile additlonaf Insureds)Is required by a contract, permit or
access agreement, the Insurance afforded to such additional Insureds)will not be broader
than that which you are required by the contract,permit or access agreement to provide
for such additional lnsured(�)
13, Only when required by a contract,permit or access agreement this Insurance applies to:
1. (a)All work on[Ile project(other than service,matntenancs or mpalrs)to be performed by
or on behatf aftlie additlonaf insureds)at the slto,of t1le covered operations has been
i completed;or(b)That portlon of your work out of which the injury or damage arises has
bean 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 sane
project,
2, "noddy,injury"or"property Damage arising out of any act or omisslon of the additional ,
Insureds)or any of their employees•,other than the general supervision of work
Performed for the additional Insured(e)by you.
However:
3. The insurance afforded to such addlilonal Insured(s)only applles to the extent permitted by Jaw and
4 If coverage provided to the pdditlonaf Insureds)Is required by a contract,permft or access
agreement,tJ;e Insuranoe afforded to such additional Inpured(s)Vif not be broader thbn that which you
are required by the contract,permit or access agreement to provide for such additlonaf Insured(e),
• Any coverage provided hereunder shall be excess over any olher.valld and coliectibfe.Insuraho0
avallabio to the additlonaf Insured(s)whether primary,excess,oontingent or on any other basis unless a
contraot speofllcally required that this Insurance be primary,or you request that It apply on a primary
balls,When this Insuranco applles ori a primary basis fortho addllional insureds described above,it shall
apply onlyto"bodily Injury", "property damago" or gpersonai and advertising Injury,"caused by your work
for that additional Insured by'orfor you, other insurance afforded to those additional Insureds will apply
as excess and not contribute as primary to the Insurance afforded by this endorsoment,
The limits of, Insurance with respect to each person, organlzation or entity shaft not exceed the limits
Of liability of the named Insures! ,All insuring agreements, excluslons and oondiflona of tills policy
apply, in no event, shall the coverage or limits of Insurance in this coverage form be Increased by
such contract,permlt oraccess agreement,
All other terms and conditions mmaln[fie same, r r
(Authorized Representative)
MANIAS O 2015 X.L,America,Inc. All Rights Reserved, Page 2
May not be copied without permission.