HomeMy WebLinkAbout2016 SECAP & CMOM Programs 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. Subject: Executed Agreement
135 South 84' Street 2096 SECAP and CMOM Program
Suite 400 Services
Milwaukee, Wl 53214
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Myiars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity Description
9 Executed Agreement
These are being transmitted as indicated below:
❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment
Remarks:
Enclosed is a copy of the executed agreement for the 2016 SECAP and CMOM Program 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.
Mr. Steve Brand - Copy
City Clerk's Office —Original
cc: _ File— Original Signed:
Tra . Taylo
JAEngineeringlTracy Tay;orlSleva Brand AgreemenlslCH2M HillISECAP&CMOM Prog SeRA20161CH2M Hill LOT•ExecOad Agreament 8.29-16.docx
AGREEMENT
ro
This AGREEMENT, made on the� day of t.f 2016, by and
between the CITY OF OSHKOSH, party of the first part,—herAtIfter referred to as CITY,
and CH2M HILL ENGINEERS, INC. 135 South 8411, 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 2016 SECAP AND CMOM PROGRAM SERVICES.
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.
t:lEngineering\SracyiaylorlSteveBrand AgreementsXCH2MHi1IISECAP&CMOil4Prog Page 1 of 7
Serv\ZO16\Agreemen t_7-V-16.docx
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,
1:1Enginming�TracyTaylar\5ieceBrand Agre rnents\CH2&1HAtN5P..CAP&CMOMProg Page 2 of 7
Serv\2016`Agreement 7-27-16.docx
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.
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 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.
1:WngineeringSTracyTaylor\StaveBrand Agr�ments\CH2MHfl1\SECAV&CNIOMFrog Page 3 of 7
Serv\2016\Ag rnent_7-27-16.doce
The CONSULTANT shall perform 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 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 25, 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 $74,000 (Seventy Four Thousand
Dollars).
• Attached fee schedule shall be firm for the duration of this AGREEMENT.
lAYngineeringWracy Taylor\Stent Brand Agreements\CMM Hill�SECAP&CNIOh4 Prog 'age 4 of 7
Sew\2016N Agreement 7.27-16.docx
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.
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.
1:�EnginecringlTracyTaylor\Ste%-e Brand Agreements\CH2MHiMSECAP&C1sfOA4Prog Page 5 of 7
5e rv\20361 Ag regimen t_7-27-I6.d ocx
ARTICLE XIV. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Irrsurame
Requireimids.
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 XVL RE-USE OF PROJECT DOCUMENTS
All reports, drawings, specifications, documents, and other deliverables of
CONSULTANT, whether in hard copy or h-i 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.
IAEngineering\TracyTaylorSSteve Brand Agreements\012.14 Hdl\SHCAP&CNIOM Prog Page 6 of 7
Serv\2016\Agreemen0-27-16.do"
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
if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
(Witness) Mark A. Rohloff, City Manager
And: nmoj�,�,
(Witness) P rig -ty le
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
ro4vyrneyy
City Comptroller
I:16ngineeringSTracyTaylorl Steve Brand Agteements�CH2MHill�SSCAP&alON1Prog Page 7 of 7
Serv\2016\Agreemen 7-27-16.daa
SCOPE OF SERVICES JULY 25, 2016
2016 SECAP and CMOM Pro ram RECEIVED
Program JUL 26 2016
Purpose DEPT O'PUBLIC WORKS
OSHKOSH, WISCONSIN
The purpose of the SECAP(Sewer Evaluation Capacity Assurance Plan) and CMOM (Capacity,
Management, Operations, and Maintenance) Program Services Project is to complete the following
modeling, planning,and reporting services related to the implementation of the City of Oshkosh (City)
sanitary sewer system CMOM Program; in conformance with requirements of the Administrative Order
(AO) issued by the U.S. Environmental Protection Agency(U.S. EPA) on October 17, 2011.
• Refine the sewer system hydraulic model
• Prepare CMOM program quarterly reports and annual audit
0 Update sewer service agreements
Task 1 — Sewer System Hydraulic Model Maintenance
The original trunk line model was constructed as part of the SECAP in conformance with requirements of
the Administrative Order(AO) issued by the U.S. Environmental Protection Agency(U.S. EPA) on
October 17th, 2011. In 2015 the model was updated to include all pipelines and verified against available
flow monitoring information.The model is routinely used to simulate sanitary collection system
performance in order to support engineering evaluations of the sewer system and capital improvement
decisions.
Under this task CH2M will continue to refine the model by completing the following tasks;
Task 1..2 Model Refinement-The model was verified as part of the 2015 SECAP. Under this task
the model will be calibrated using flow monitoring data collected in 2013, 2014, and 2015.After
September 1, 2016, the model will be validated against flow monitoring data collected in 2016.
• Model verification is the process by which the results of the model are compared to the available
data, knowledge of the system, and understanding of the sewer flow processes to develop a level of
confidence that the model outputs a reasonable representation of sewer system performance.
+ Model calibration refers to the adjustment of model inputs, particularly those which cannot be
directly measured,to improve the comparison of the output and the monitored data.
0 Model validation refers to the comparison of model outputs to independent data not used in
calibration.
The model calibration task will include adjustment of dry and wet weather model inputs to improve the
comparison of model output and the monitored data collected from 2013--2015.
• Dry weather flow is defined as base sanitary flow plus dry weather groundwater infiltration.
+ Wet weather flow is defined as wet weather infiltration and inflow.This flow is non-sanitary inflow
originating from sources other than sanitary discharge.
Calibration will include review of the model output for wet weather events at each flow monitor
location to determine each basin's 'best fit' adjustment factor. The model currently simulates wet
weather events using the regression analysis equation and rainfall timeseries. The regression analysis
equation addresses the total RDII (rainfall derived infiltration and inflow) tributary to the wastewater
treatment plant. Initially for lack of better data we distributed the regression coefficients uniformly
SCOPE OF SERVICES:2014 CMOM PROGRAM AND SEW
across the system.Adjustment factors will be determined to match the flow monitor data at each flow
monitor location.The adjustment factors will be applied to the specific flow monitor basin and possibly
to similar basins, helping to adjust for differences in rain derived infiltration and inflow(RDII) across the
system.
Once model calibration is determined to be adequate, model data will be compared against flow
monitor data collected in 2016. if this comparison meets typical verification criteria,the model may be
considered validated. However we believe more data and more intense calibration may be required
before the full model is validated.
Calibration and Validation guidelines from WaPUG (United Kingdom Wastewater Planning Users Group)
Code of Practice for Hydraulic Modeling of Sewer Systems, as modified by the Water Environment
Federation (WEF) manual of practice (MOP) FD-17, will be targeted during model simulation and
comparison to monitoring data.
WaPUG dry weather criteria recommends comparison to depth data.The WWTP influent flow data do
not include depth data at the WWTP wet well, so no depth calibration criteria will be compared at the
WWTP, Depth data will, however, be compared at flow monitor locations.
Data scatter is expected and acceptable within WaPUG criteria.There may be instances when significant
discrepancies occur, but the use of best professional engineering judgment is paramount in determining
a verified wet weather model. In instances when significant discrepancies occur and the modeling team
determines that the discrepancy is unavoidable and may exist without serious impact to the model's
intended use, the discrepancy will be clearly identified and remain.
Deliverables:Technical memorandum summarizing model calibration process, model output
comparison to depth data, and quality assurance/quality control actions.
Task 1.3--Flow Monitoring Data Review
CH2M will conduct a peer review of 2016 flow monitoring data information for use in the City's
collection system model. The flow monitoring data will be compiled into one spreadsheet and graphed
to identify anomalies in the metered values. If anomalies are found, CH2M will provide the City with a
list of questions for the flow monitoring contractor.The largest storm events will be compared to the
Depth-Duration-Frequency information for Oshkosh to determine the recurrence intervals of the storm
events captured during the monitoring period.
Task 2--Quarterly Reports, Sewer Maintenance Metrics and
CMOM Program Audit
Following review of sewer system operation and maintenance data, CH2M will prepare the quarterly
reports for submission to the U.S. EPA and the WDNR. CH2M will assist the City with tracking sewer
maintenance activities. CH2M will summarize sewer maintenance metrics for inclusion in an informal
annual audit of the CMOM program.GH211M will facilitate an audit review meeting with the City to
discuss metrics and status of progress with CMOM program goals.
To aid the City in completion of the annual CMAR, the CMAR quantity tracking sheet will be maintained.
Dellverables. Four draft and final quarterly reports. Updated tracking tool and generated CMAR
quantities.Annual maintenance metrics and CMOM program audit technical memorandum.
2
SCOPE OF SERVICES:2014 CMOM PROGRAM AND SECAP
Task 3 --Sewer Service Agreements
Building on the work completed in 2015, CH2M will develop a list of service agreement modifications for
the City's consideration and prepare draft agreement provisions for the following:
• Update to planned system flows and capacity allocations (average and peals)
• Conversion from separate area agreements to one master agreement for all satellite systems
• Provisions related to City municipal sewer ordinance and pretreatment program compliance
• Cost sharing for shared interceptors, new or replacement
• Cost sharing for shared WPDES permit compliance
• Annual revenue and cost reconciliation (pertinent to satellite areas)
CH2M will facilitate two meetings with the City to identify and prioritize service agreement changes that
provide high value. CH2M will develop draft sewer service agreement language and talking points
related to the revisions for the City's further consideration.
CH21M will facilitate a meeting with the City and representatives of the satellite systems to summarize
the status of service agreements, provide background on the City's CMOM program and SECAP, and
introduce the proposed changes to sewer agreements. CH2M will gather and summarize input from the
satellite communities. CH2M will summarize the findings of this task in a technical memorandum that
will define a scope for changes to the service agreements and outline a process for implementation.
Deliverables. Current sewer service agreements attribute summary table, summary of suggested
changes to sewer agreements, meeting minutes,task summary technical memorandum.
Task 4-----Project Management and QA/QC
CH21M 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 addressing 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 budget and performance monitoring
• Health and safety considerations
Communication within the project team 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 with each monthly invoice.
CH2M will perform a QA/QC review of completed work and project progress before submitting work
products to the City.The technical services will be performed under a major CMOM and SECAP task.
Most of this scope of services will be completed by September 1, 2016 though U.S. EPA requirements for
quarterly submittals and NPDES requirements for annual CMAR reporting and model validation against
2015 flow monitoring data will extend beyond that date.
Schedule
This scope of services will be delivered in 2016.
3
SCOPE OF SERVICES:2014 CMOM PROGRAM AND SECAP
Level of Effort and Compensation
Table 2 presents the estimated level of effort and fee to complete this scope of professional services.
TABLE 2
CMOM Program and SECAP Estimated Level of Effort and Cost
Activity Hours Cost
Task 1---Sewer System Hydraulic Model
Task 1.1-2015 Construction Update 54 $8,200
Task 1.2—Model Refinement 206 $32,600
Task 1.3—Flow Monitoring Data Review 12 $2,040
Task 2--Quarterly Reports,Metrics&CMOM Audit
Quarterly Reports,Maintenance Metrics&CMOM Audit 96 $15,860
Task 3—Sewer Service Agreements
Sewer Service Agreements 30 $7,300
Task 4—Project Management and QA/QC
Project Management 28 $3,460
Quality Assurance/Quality Control 21 $4,540
TOTAL 447 $74,000
4
CH2M HILL
2016 HOURLY CHARGE RATES DECEIVED
for
PROFESSIONALS AND TECHNICIANS JUL 2 S 2016
DEPT OF PUBLIC WORKS
OSHKOSH, `h/ISCOiVSIN
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
CAD Technician $90
Graphic Artist, Clerical $76
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 January 1,2017