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HomeMy WebLinkAboutCH2N Hill Eng & City/ agreement-FDL Sanitation Sewer Study AGREEMENT This AGREEMENT, made on the day of 9 , 2016'0 by and between the CITY OF OSHKOSH, party of the first pa , h reinafter referred to as CITY, and CI-12M 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 FOND DU LAC ROAD SANITARY SEWER 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 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 111. 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. 1:11:nglneedngWracy TaylorWeve Brand AgreanwtMH2M HilAFaL Rd San S%%y Sludy%Agreemnl 3• Frage 1 of a 18.16.daox 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 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. 3:En&e43dnMTracy Tagl &$(Ove Brand Agrsments1CH M HUM Rd San Sties S3udmgree" 3• Page 2 of 6 18-18.doex 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 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 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. 1:Wn9ineedn9%Tracy Taylo teve Brand AgreementslMM HUM Rd son Sw Stvdyft(eemnt 3- Page 3 of 6 38.78.docx ARTICLE XL 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 $32,500 (Thirty Two Thousand Five Hundred 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 JAEng1naedngMacy ra&rkSteva Brand FgrsamenMCHW KIRFDL Rd San spa SWdMgre n,c 3• Page 4 of 6 1646.d= 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 reuse 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. 1AEn91neadng%Tracy Taylo tave Brand AgreementslCHW KIRML Rd San Stir Sludy\Agresmnt_,3- Page 5 of e 18-18.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: � (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: <� k� (Witness) Mark A. Ro to ity Manager 1Ar=n91nae4ng%Tracy T*}4orlSlave Brand AgreemanlsWH2M HTIrT-DL Rd Safi Swr StudylAgreemnt 3- Page 6 of 6 18.1B.dtcx Signed for and in behalf of the City of Oshkosh c�- ,ee-,� , Mark A. Rohloff, City Manager Pamela R, Ubrig, City Clerk n orenson, City rney NY)r'Q &M M rena Larson, Director of Finance I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. 6A SCOPE OF SERVICES MARCH 5,Rt;J,6ftVED Fond du Lac Road Sanitary Sewer Study 1,4AR Purpose pE.p,'o-F PUI3Llc WCWKS Pur p OSHQS ° 1VISCcJN53N There have been basement backup reports and other evidence of wet weather related sewer surcharging in the area of Waukau Avenue and Fond du Lac Avenue.Waukau Lift Station operation has been observed to affect backups. One of the recommendations of the City of Oshkosh Sewer Evaluation and Capacity Assurance Plan (CH2M HILL, 2013)to address this area of concern was phased implementation of a deep gravity interceptor on Oregon Street. CH21VI will investigate solutions to address hydraulic constraints in this area. Possible solutions may include changes to lift station operation to optimize hydraulics or sewer improvements to increase capacity.To the extent possible, solutions identified in this this study will contribute to the City's long-term, broader sewer system plans. Investigate area lift station operation CH21VI will gather and evaluate Blackwolf Sanitary District No.8 Pump Station, Waukau Lift Station (LS), and 28tt'Avenue LS operational information to identify whether operations can be optimized to improve sewer system performance. Lift station operation.evaluation. CH21VI will collect available information about the pump stations including station drawings, pump(s) capacity,wetwell volume, pump run time records, and station flow meter records.This information will be incorporated in the model so that different Blackwolf flow and station operating conditions, in conjunction with operation of the Waukau Avenue and 28`h Street stations, can be simulated. Based on evaluation of this area, it maybe possible to identify ways to modify the operation of these stations to improve system performance. Modeling iterations may determine whether pump run times can be balanced with available existing sewer storage capacity to help to alleviate system surcharging and mitigate basement backups. Improve sewer capacity, or system storage. If there aren't opportunities to optimize lift stations' operation to appreciably alleviate surcharging, CH2M will use the model to identify sewer improvements increase system storage (1,e., construct parallel sewers or replace existing sewers with larger lines). Modeling Analysis During dry weather conditions, the Waukau area has no known capacity problems; however, during major rain events, it is subject to extensive potential surcharging.The City of Oshkosh (City) plans to replace the 12-inch sanitary sewer in Fond du Lac Road with a larger sewer interceptor designed to provide sufficient hydraulic capacity to convey area flows to the 28th Avenue LS and allow the City to decommission the Waukau LS. in this area, the sewer system receives flows from the Blackwolf Sanitary District Pump Station 8 and from portions of the City directly tributary to the Fond Du Lac Road, Waukau Avenue and Stoney Beach Lane trunk sewers. CH2M will use the City's santlary sewer system model to evaluate system performation during a 5-year, 24-hour storm event under several possible alternative conditions: • 21-inch replacement sewer in Fond du Lac Road, abandon Waukau LS • 21-inch replacement sewer in Fond Du Lac Road, increase 28th Avenue LS pumping capacity, abandon the Waukau LS • 30-inch replacement sewer in Fond Du Lac Road, abandon the Waukau LS • 21.-inch parallel sewer, retaining the 12-inch sewer in Fond du Lac Road, abandon Waukau LS • 21-inch parallel sewer, retaining the 12-inch sewer in Fond du Lac Road, abandon Waukau LS, connecting nearly all flow to the 21-inch sewer • 21-inch parallel sewer, retaining the 12-inch sewer in Fond du Lac Road, retain Waukau LS • 30-inch parallel sewer, retaining the 12-inch sewer in Fond du Lac Road, retain Waukau LS • 21-inch parallel sewer, retaining the 12-inch sewer in Fond du Lac Road, retain Waukau LS • Increased capacity at the 28th Avenue LS, 30-inch parallel sewer, retaining the 12-inch sewer in Fond du Lac Road, abandon Waukau LS CH2M HILL will facilitate three meetings with the City to discuss study findings and hydraulic modeling results. Deliverables CI-12M will document the results of the Fond du Lac Road Sanitary Sewer Study in a technical memorandum. Level of Effort and Compensation As described in Table 1, the estimated level of effort is 203 hours and compensation will be the not-to- exceed amount of$32,500. TABLE 1 Level of Effort and Compensation Senior Project Senlor Manager Consultant Modeler Modeler Clerical -Total Nancy Trida Megan Total Labor Hours by Total Total by Linda Mohr Schultz Christensen Bender Frye By Task Task Fxpense Task FondduiacRoadModelingStudy Hours HouYs Houis Hours, Hours Fond du Lac Road Wdellng Study 29 35 23 I12 4 $3203 $400 $32,500 2,300 TOTAL 29 35 23 112 4 J $32,100 203 $400 $32,500 CH2M HILL 2016 HOURLY CHARGE RATES for - g CrtVED PROFESSIONALS AND TECHNICIANS 9 hhAR DBPT OF PUBUC--�UNSIVS Classification Hourly ate Senior Consultant $220 Senior Project Manager, Senior Project Engineer $210 Senior Engineer $190 Senior Designer, Senior Technologist $170 Project Engineer, Senior Modeler $150 Associate Modeler $130 Engineer $115 Associate Engineer $100 Clerical $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—Fond du Lac Rd Study.xlsx