HomeMy WebLinkAboutCH2M Hill Engineers & City, Aviation Ind. park water system AGREEMENT
This AGREEMENT, made on the ��
day of , 2016, by and
between the CITY OF OSHKOSH, party of the first part, h, reinafter referred to as CITY,
and CI-112M HILL ENGINEERS, INC., 135 South 84th Street, Suite 400, Milwaukee, Wl
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 AVIATION INDUSTRIAL PARK WATER
SYSTEM STUDY.
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 ll. 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.
CEnglneadng%Tracy TaylorlSteve Brand AgreementsWH2M FGIMvlation Ind Prk W r Sysl Page 9 of 6
StudyNAgreemnt 3.16.16.do"
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 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 Vll. 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.
1:Tn91needng\Tracy Taylor Lova&and AgreementslC112M HIMdaW Ind Prk Mr Syst Page 2 of 6
StudylAgreemnt 3.16.16.doax
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.
t:TAgfneednglTracy Taylar%tevo Brand AgreemenlslCHM HIAAvlatlon Ind Prix Wfr Sys/ Page 3 of 6
SlvdylAgreemnt 3•SB-18.d=
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 March 5, 2016 and attached
hereto
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 $17,675 (Seventeen Thousand Six
Hundred Seventy Five 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
1:Tnglneedng\Tracy7ayor%teva Brand AgreemenWC1t21VI NlMyrallon Ind Prk Wtr Syst Page 4 of 6
StudMgreemnt 3.16.16.docx
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 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 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.
1:Tng1needn9Wraey Tay1 Mteve&and AgreemenWCWM KTMM lion Ind Prk W r 5yst Page 5 of 6
Stud]kfteei mL3.16.16.docx
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.
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 beneficiaries.
In the Presence of: CONSULTANT
By:
V I C-Q-
(Seal of Consultant (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By: LA
(Witness) Mark A. I#olilcd, City Manager
IAEng1neerin9%Tracy TayloASieve Brand Agreernenks%H210 HIAAAatlon Ind Prk Wtr Syst Page 6 of 6
Stud yWgreemnt_3.16.16,docx
Signed for and in behalf of the City of Oshkosh
Mark A. Rohloff, City Manager
Pamela R. Ubrig, City Clerk
A"—
v
Lo enson, C Aon ey
JIM. 144)n!�)
Trena Larson, Director of Finance
I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this contract.
bA
CH2M HILL
2016 HOURLY CHARGE RATES
for
PROFESSIONALS AND TECHNICIANS
Classification HourIV Rate
Senior Consultant $220
Senior Project Manager, Senior Project Engineer $210
Senior ModelerEC�VE� $190
Project Modeler $145
Sr CAD Technician $120
Assoate Or p�l3t.tc`c�y�1N ineer $100
Project Accountant
SC0�41,���s $$0
Clerical Oskk $75
Expenses
Expense Type J Estimating Method Rate
Photo Copies Service Center $0.05
Reprographics Service Center varies
Auto mileage Travel current IRS rate
Auto Rental Travel Actual
Other Travel (FTR Guidelines) Travei Actual
Equipment Rental Operating Expense Actual
Postage Freight Operating Expense Actual
Rates 2096 Aviation Industrial Park.xisx
CH2M HILL
2016 HOURLY CHARGE RATES
for
PROFESSIONALS AND TECHNICIANS
Classification Hourly Rate
Senior Consultant $220
Senior Project Manager, Senior Project Engineer $210
Senior Modeler _ 2ECtVD $190
Project Modeler $145
Sr CAD Technician $120
Associate Engineer � � v,O z0 $100
pWLIC
Project Accountant n "VT Orli 135<oN`'1N $80
Clerical 0 $75
Expenses
Expense Type Estimating Method Rate
Photo Copies Service Center $0.05
Reprographics Service Center varies
Auto mileage Travel current IRS rate
Auto Rental Travel Actual
Other Travel (FTR Guidelines) Travel Actual
Equipment Rental Operating Expense Actual
Postage/Freight Operating Expense Actual
Rates-2016—Aviation Industrial Paric.xlsx