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HomeMy WebLinkAboutCH2M HILL Eng. Inc. & Oshkosh, Mary Jewel f , CITY 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 Date: August 29, 2016 CH2M HILL Engineers, Inc. Sub�ect: Executed Agreement 135 South 841h Street Mary Jewell Lift Station Sanitary Suite 400 Sewer Stud 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 ® Far Your Use ❑ As Requested ❑ For Review& Comment Remarks: Enclosed is a copy of the executed agreement for the Mary Jewell Lift Station sanitary sewer study. 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. City Clerk's Office--Original cc: _ File --Original Signed: Tr y . Tay l:lEngineering12016 CONTRACTS116-17 Mary Jewell Park Lift Station CesigrilProject_lnformationLContract Infak0onsultant Agreamenis116-17 CH2M KO LOT-Executed Agreement 8-28- 16.doex AGREEMENT rJ This AGREEMENT, made on the W day of 2016, by and between the CITY OF OSHKOSH, party of the first part, here after referred to as CITY, and CH2M HILL ENGINEERS, INC., 135 South 841h Street, Suite 400,Milwaukee, WI 53214, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for MARY JEWELL LIFT STATION 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 II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: Stephan M. 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. I:lEngfneering12016CO3NI ACTS\16-17%tatyJewellFark Lift Station Design\Frojed lydormntionlContrae Page 1 of 7 Infos Consultant Agmernents`16-17 CHAT Hill Agreement-San Swr Study_7-22-16.do« 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. 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 the CONSULTANT makes no warranty 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 the CONSULTANT reasonably relied upon and 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. 1i\Fngiti eAr%g%2016CO.fTRACTS116-17Mary Jewett ParkLift Ration l)e ignlPfo*t—nfonnaUon\Cantract Page 2 of 7 Info\Consultant Agmements�16-17 CHTM Hilt Agreement-San SWf Study_7-22-16.docc 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. If hazardous substances other than asbestos are suspected, CONSULTANT will, if requested, conduct tests to determine the extent of the problem and will perforin the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. CITY recognizes 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 fall 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 Set-vices. The CONSULTANT shall perforin the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees 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 L\Engineering\2016 CO\r1RAC1S51647 MaryJewell Park Lift station Design\Project—Liformation\Contract Page 3 of 7 info\Consultant Agreementsti 16-17 CHM Hill Agreement-San Swr Studp_7-22-16.docx 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 July 18,2016 and attached hereto In the event 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 $23,640 (Twenty Three Thousand Six Hundred Forty 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. L\Engincering12016 CONTRACTS116-17 Mary Jewell Park Lift Station Design\Project_Ldormalion\Contract Page 4 of 7 Info\Consultant Agreements 116-[7 CH2M Hill Agreement-San Swr Study_7-22-1G.doa 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. 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 Insut•artce RegttireitieWs. I:1Eng-ssneering52016CONTItACCS516-17hlaryJe%%eBPark Lift StadonD�"ign\Projcd_Informalion\Contract Page 5 of 7 Info\Coosultant Agreements�16-17 CH2l�1 Hill Agreement-San Ssvr Study-7-22-16.docx 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. E. 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. 1:18ngineering2016CONTRACIS\16-17MaryJcwellPatkLiftStationDeslgnNFrojeci 1nfornidtion1Conlydct Page 6 of 7 Info\Con ultant Agreements\16-17 CH2\t Hill Agreement-San Sm Study_7-22-16.doc 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: } F (Seal of Consultant -Q t if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: �✓Z (Witness) Ma•k A,Rohloff, City Manager And: (Witness) - a �i �CI a f" � APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. 4yC rneyy nc1 AIX A 4)cn City Comptroller L 1Enginccring12016 C0N17RACTS116-17,QAry Jcwcll Park l.i£t5tafion Page 7 of 7 lrnfolConsultanfAgrements116-17CF12.'v1}sillAgreement-SanSwrStudy 7-22-16.de« ' i ' - R ACEI VSD SCOPE OF SERVICES JUL 18 2016 JULY 18, 2016 Mary Jewell Lift Station Sa'N ,gr yw*WKer Study S�ONSIN Purpose To reducing infiltration and inflow(1/1) in the collection system and reduce the potential for basement backups, one of the recommendations of the City of Oshkosh Sewer Evaluation and Capacity Assurance Plan (CH2M HILL, 2013) was to replace the Punohqua Lift Station and remove Sawyer Creek sewer crossings at Fox Street and Hawk Street.CH2M will investigate solutions to address hydraulic constraints in this area. Possible solutions include a new lift station located at Mary Jewell Park and sewer improvements. To the extent possible,solutions identified in this this study will contribute to the City's long-term, broader sewer system plans. Modeling Analysis CH2M will use the City's hydraulic model of the sanitary sewer system to simulate system performance without the Punohqua Lift Station and Sawyer Creek crossings. CH2M will indentify the sewer improvements needed to serve the area with a new lift station located in Mary Jewell Park. CH2M will define hydraulic capacity requirements for sewers and the lift station to convey average dry weather flow and peak 5-year, 24-hour storm flow. CH2M will prepare preliminary plan and profile model output figures depicting recommended improvements for discussion with the City. Following review of the preliminary modeling results,CH2M will prepare conceptual-level cost estimates for the new sewers and lift station,The lift station cost estimate will reflect the City's desire to integrate the station into a park storm shelter structure with restrooms. The City will provide construction cost of recently completed standard park restroom and shelter structure. CH2M will summarize the modeling analysis,findings, recommendations, meeting discussions, and cost estimates in a draft Mary Jewell Sanitary Sewer Study technical memorandum (TM). CH2M will facilitate three meetings with the City to discuss modeling results, preliminary cost estimates, and the draft TM. CH2M will address the City's review comments on the draft study and submit 5 paper and 1 PDF copy of the final Mary Jewell Sanitary Sewer Study TM. 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: • Scope of services and project deliverables • Task assignments and work plan • Project schedule, 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, CH2M will provide project status information. CH2M will submit a brief description of project activities and track budget status with each monthly invoice. CI-12M will perform a QA/QC review of completed work and project progress prior to submission of work products to the City. Schedule CI-12M will complete the Mary Jewell lift Station Sanitary Sewer Study by August 30, 2016. Level of Effort and Compensation As described in Table 1, the estimated level of effort is 151 hours and compensation will be the not-to- exceed amount of$23,640. TABLE 1 Level of Effort and Compensation Senlor Project SBnlorProjact Manager Consultant Modeler Modeler Engineer Clerical Accountant Nancy Trkla Megan Komella Total Labor Total Hours Total Total by Linda Mohr Schuhz Christensen Bender Todd Ellett Tara Glenna Madzla By Task by Task Expense Task Mary Jewell Lift Station Study Haves tours Hours Hours Hours Noun Hours Mary Jewell Lift StaBon Study 6 10 37 47 16 4 $17,8217 120 $400 $18,220 TOTAL 6 10 37 47 16 4 0 $17,820 I20 $400 $18,220 Project Management,QA(QL Hours Hours Hours Lours Hours Hours Hours Project Management,QA.//QC 4 19 a $5,420 31 $5,420 TASK 2 TOTAL 4 19 0 0 0 1) S $5,420 31 $0 $5,420 10 29 37 47 16 4 a $23,243 151 $400 $23,640 CH21V! HILL RECEIVED 2016 HOURLY CHARGE RATES for JUL 2 2 2016 - PROFESSIONALS AND TECHNICIANS DF-,'PT I OF piJI,LIC WORKS OSHKOsl4, W!SCoi, i' Classification Hourly Rate 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 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 Mary Jewell Study rates