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HomeMy WebLinkAboutAgreement CH2M Hill Eng. & Oshkosh E § CITY OF OSHKOSH JUN 10 mG DEPARTMENT OF PUBLIC WORKS i 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5065 FAX(920) 236-5068 LETTER OF TRANSMITTAL To: Linda Mohr Date: June 8, 2016 CH2M HILL Engineers, Inc. Subject: Executed Agreement for Utilities GIS 135 South 84th Street, Suite 400 Conversion Assistance Milwaukee, WI 53214 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 utilities GIS conversion assistance 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. Copy--Steve Brand Original-- City Clerk's Office cc: File - Original Signed: Tracy Ior 1:11:nglneeringWracy TayWlSteve Brand AgreemenIMCH2M MAW GIS ConvertAsslst\MM LCT-Dacuted Agreeranl_6-8-16.docx AGREEMENT ,-pt This AGREEMENT, made on the 2 day of , 2016, by and between the CITY OF OSHKOSH, party o -the first part, hereinafter referred to as CITY, and CH2M HILL ENGINEERS, INC., 135 South 841" Street, Suite 400, 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 UTILITIES GIS CONVERSION 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 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 Servloos. 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. E1Engineerin9NTracyTay4oASleve&and Agreements%CHM HIRU61 GIS Converl AssiSllAgreemnt 5-12- Page I Of 6 16.d=x 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. 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. L'EngineadngWracy 7a�WStove Brand AgreementslCH2M HiIRM GIS Convert Asslst%Agreemnt_5.12- page 2 of 6 %docx 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: 1. This Instrument 2. CONSULTANT's Scope ofSeivicesdated May 6, 2016 and attached hereto 1AEngineeringMacy TayloMave Brand AgreementslCMM HilRU61 GIS Convert Ass st}Agreemnt_5-12- Page 3 of 6 16.docx 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 $15,000 (Fifteen Thousand 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, hislher 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 1:Tngineerinffracy Ta&l Steve Brand A reementsVCWM HiIRMT GIS Convert Assistb49reemnt 5-12- Page 4 of 6 16.docx 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 Qjl of Oshkosh /assurance Requiremenfs 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 (1 0) 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. L1EnginaeringlTracyTaAor\SteveWard AgreementslCH2MHiIRUN GIS ConvertAssisLAgreemnt 5.12• Page 5 of 6 1 B.docx 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. (Sea[ of Consultant if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: (Witness) Mark A. Rohloff, City Ma na er And: (Witness) Pamela R. Ubrig, City Cle APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. iCitytoUrney . cl a Aerv-, ity Comptroller UnglneeringUracy TaoorlSteve brand Agreements\CH2M FC IWI GIS Convert AssisbAgreen-nt_5.12- Page 6 of 6 16.docx RECEIVL'D SCOPE OF SERVICES MAY 6,2016 Utilities GIS Conversion Assistance MAY zo>s 0 PT OF © PUBLIC IVORKS Purpose SHKOSH, WISCONSIN The City of Oshkosh (City) is planning to convert its geographic information system (GIS)to better meet the City's needs including those of the water and wastewater utilities. For its linear assets (watermains and sanitary sewers),the water and wastewater utilities are preparing to migrate to GIS-based asset management and work order system tools.The purpose of this project is to document the work flow process of the five (5) critical and/or most frequent maintenance and repair activities that are, or could be more strongly,supported by GIS. Task 1—Work Flow Processes and Planning To document work flow processes, CH2M HILL Engineers, Inc. (CH2M) will participate in meetings with water distribution and sewer maintenance personnel to identify and develop work flow process diagrams or similar documentation for essential activities performed and tracked by the utilities.A total of three meetings will be held with each utility(six meetings total over two days)for the purpose of reviewing key performance indicators, maintenance metrics, and team development of work flow process documentation.The initial meeting will be conducted in collaboration with the City's GIS Administrator.The City will document the information needs to be met by the GIS; CH2M will document in narratives or diagrams field and administrative personnel input on their work flow and information management processes. CH2M will also participate in meetings, in person and via conference call, to assist the City with its development of the scope, implementation schedule, and resources/cost projection for the City's GES conversion. Deliverables Meeting minutes;Work process flow narratives or diagrams; Review comments on the City's GIS conversion implementation plan Task 2—Project Management and Quality Assurance/Quality Control CH2M will manage the delivery of the professional technical services and work products to meet the City's schedule and budget. Project management duties include project instructions, which address team communication, quality assurance/quality control (QA/QC), and cost control. Instructions to the project delivery team will guide performance by defining the following; • Detailed scope of services and project deliverables • Task assignments and work plan • Project schedule • Project communication • Project budget and performance monitoring • Managing potential change • Quality management Project team communication will be maintained through regular team meetings, teleconferences, and e- mail. During project meetings and workshops, CH2M will provide project status information. CH2M will submit a brief description of project activities and track budget status with each monthly invoice. CH2M will perform a QA/QC review of completed work and project progress prior to submission of work products to the City. Deliverables Monthly progress reports. Schedule These professional engineering services will be provided in 2016. Level of Effort and Compensation The estimated level of effort and compensation is shown in Table 1.These services will be delivered as directed by the City on a time and materials basis for the not-to-exceed amount of$15,000. TABLE 1 Level of Effort and Compensation Senior Project QA/QC SeniorProject Project Manager Reviewer Technologis t Engineer Clerical Accountant Total Total Nancy Justin Dave labor By Hours by Total Task Description Hnda Mohr Schultz Kauffman Patterson Tara Glenna TBD Task Task Expense Total by Task Task 1-Work Flow Processes Hours Hours Hours Hours Hours Hours Work Flow Protesses a 20 30 4 $10,280 62 $1,460 $11,740 TASK i TOTAL 8 0 20 3D 4 0 $10,280 62 $1,460 $11,740 Task 4•PM and QA/QC Hours Hours Hours Hours Hours Hours Project and Quality Management a 4 10 $3,060 22 $200 $3,260 TASK 2 TOTAL 8 4 0 0 0 10 $3,060 22 $200 $3,260 PROJECT Tom 16 1 4 20 30 4 10 $13,340 84 $1,660 $15,000 CH2M HILL RECLwED - 2016 HOURLY CHARGE RATES for MAY - 6 ?016 PROFESSIONALS AND TECHNICIANS DEPT OF PUBLlC' w0[t(cS OSHKOSH, 1VISCONSIN Classification Hourly Rate Senior Consultant $220 Senior Project Manager,Senior Project Engineer $210 Senior Technologist $190 Senior Designer $170 Project Engineer $150 Engineer $140 Associate Engineer $120 Junior Engineer, Scientist $100 Design Technologist $90 CAD Technician $80 Graphic Artist, Clerical $75 Project Accountant $50 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 subject to change on Januery 1,X017