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CH2M HILL Eng., INC, & Oshkosh
CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, Wl 54903-1130 PHONE: (920) 236-5065 FAX (920) 236-5068 LETTER OF TRANSMITTAL To: Ms. Linda Mohr Date: September 19, 2016 CH2M HILL Engineers, Inc. Subject: Executed Agreement 135 South 8411 Street Wastewater Treatment Plant and Lift Suite 400 Stations Assetana ement Plan Milwaukee, WI 53214 Please find: Z Attached Ej Under Separate Cover E] Copy of Letter Z Contracts El Amendment El Report El Agenda ❑ Meeting Notes Ej Photos El Mylars El Change Order 0 Plans ❑ Specifications E:11 Estimates El Diskette El Zip Disk El Other Quantity Description 11 Executed Agreement These are being transmitted as indicated below: El For Approval Z For Your Use El As Requested F-1 For Review& Comment Remarks: Enclosed is a copy of the executed agreement for the Marion Road Water Tower replacement engineering services during construction. Please reference Res. No. 16-452 on all of your invoices. If you have any questions, please contact us. Steve Brand —Copy City Clerk's Office —Original cc: _ File— Original Signed: Trac A.1Taylor l�kFngireedrg\Tracy TaylorlSteye Brand Agreamenl[MCHM Hil1WVWTP&Lift Stat Asset Mgrnt1CH2M Hill LOT-Execoted Agreernent_9-19-16.docx AGREEMENT This AGREEMENT, made on the L��day of <,z:.iDLA * 2016, by and between the CITY OF OSHKOSH, party of the first part, herJinafter referred to as CITY, and CH2M HILL ENGINEERS, INC., 135 South 84th 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 WASTEWATER TREATMENT PLANT AND LIFT STATIONS ASSET MANAGEMENT PLAN. ARTICLE 1. 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. Tracy Taylorti Steve Brand Agreements}CF12M IN I\WIVE'&Lift Stat Assaf Page I of 7 NIgniJ N Agree nut lj-31-16.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 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. 1:4Engiriming\Tracy Taylor\Sleve Brand Agrt�ments\012M Hi111W1VTP&UtStat Asset Page 2 of 7 Mgn)0 Agfmnn�8-31-16.doc-x 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 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 tinder 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 tinder 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 l;\Engfn,ering\Tracy Taylor\$teve Brand Agrrements\CHM I fill\%Vkvrll&Lift stat Asset Page 3 of 7 Mgmt\Agmemntj-31-16.dot delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in all 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 August 28,2016 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 $144,350 (One Hundred Forty Four Thousand Three Hundred Fifty Dollars). a 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:\Fngineering\TracyTaylor\Steve Brand Agrcerftents\CHM Hill 1WWTP&,Lift Slat Asset Page 4 of 7 Mpnk�Agreenu1_8-31-16.docs 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 0slikosh hisuratice RequiretiteWs, lAlingirkeeting\Tracy Taylor\Steve Brand Agrevrnenls\CH2.%1 Hill\MVTF&Lift Slat Asset Page 5 of 7 Mg m t\Agreenurt-8-31-16A ocr 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 Linder this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of ternih-tation. 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, L\Vngipeerin&Tracy Taylor\Steve Brand Agreeznents'CH2M Hill tW;VTP&Lill Stat Asset Page 6 of 7 %1lgrnt\Agreen1nL8-3l-16.docx ARTICLE XVIIL NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone ether than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT By: t (Seal of Consultant " if a Corporation) (Specify Title) By (Specify Title) CITY OF OSHKOSH By: �' r (Witness) Mark A. Rohloff, City Manager And (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue tinder this AGREEMENT. _. Cit A ttorne "`x m City Comptroller L\EnginetinnglTracy Taylor\Steve Brand Agreettteiits\Cf Ml Hill\WIVTP&Litt Stat Asset Page 7 of 7 Mgmt1 Agreenrrrl 8-31-16.d©c+i IlE,cr/Vr SCOPE 0FSERVICES AUG 3 8y0/6 AUGUST 28, 2816 DEPT 0F1,U q3l IC City of 0s kos WaCteffr. [P|ed0ent Plant and ~ft Stations Asset Management Plan Purpose The purpose of the City of Oshkos� Wastewater Treatment Plant and Lift Stations AssetK4anaOemnemt Plan is to develop risk-based guidance for managing and investing in City of Oshkosh (City)Wastewater Utility(Utility) vertical'assets, Through the asset management planning process, CH2M and the City will develop asystem nfscoring the criticality of Utility assets, document the consequence and likelihood of asset failure, and identify and prioritize risk nadu[1|om projects and mneasures. Risk-reduction options will be identified for critical assets and asset groups having unacceptable risk levels.Those options will be evaluated for incorporation into City capital improvement plans or into operation and maintenance (O&M) protocols. The processes developed will give the City an easy-to-maintain approach to asset management (AM), Proje�����rf ��l[lD���� ct ?~[~' ~�°^=' ' To involve City personnel efficiently, the project approach includes several focused workshops designed hmincorporate the City's knowledge, data, and insights into eaoy-to-use, customized asset management tools. With these tools, a rational process is used to develop an AM Plan that identifies and prioritizes future Wastewater Treatment P/ant (VVVVTP) and lift stations' improvements to provide the greatest reduction /nrisk for the money invested, T��� 1 _ A��p� K ����[����Mprlf Strategy and�� �� -- -- � - '—' '—��— ' '—' ^~ `~~ ~^`'c�/ ~^ "`^ ' `'`~,� Task I provides the foundation for the AM Plan and includes formation of a cross-functional AM Team, data collection,and defining the AK4program strategy. Task 1.1--ArsetManagement Team (-hO[ter^Dg{lData Collection CH2Mwill facilitate tb�fmnnadunufthe C�vo4K�Teann, vvh|ohwiUinclude staff�ommnanaQeolemt treatment operations, maintmmamce, and other wastewater utility functional areas to provide guidance for the planning process, CH2Mwill kick off the project withaha|f-dayvvnrkahmpwiththeAK8Teom, during which the work plan and schedule will be reviewed and the AM Team chartered. The workshop will confirm critical success factors for the asset management program, project mi/estnne4puject protocols, and team member roles and responsibilities, all ofwhich will bmsummarized inthe AK4Team Charter. During theh[cK'offmeetKng, CH2MwiUpreoentaRu1ufa|readygatheredinformat|onanddata concerning the City's organization, strategic plans, operation and mna�|ntanenoepootoco|n, maintenance histories, and capital improvement plans. Other potential sources of information about WWTP and lift station assets, including condition assessments or inspection reports, will be identified and requested for[H2M review. Deliverable: One-page AM Team Charter; data and information requests 1 , T�rk 1.2—Develop AM Plan Strategy; Consequence and Likelihood Matrixes CH2Mwill review the Citvs, Department of Public Works and wastewater utility's vision, mission, and goals inconjunction vvithanyuti[ify|eve|sofmerwice,andtaqgetu.TuiHustnate, ifolevel ufservice (s established to maintain safety of the pub,lic and utility employees,then the target could be no injuriesor adverse health effects,This information will provide the foundation for a sustainable asset management plan. CH2M will facilitate a meeting with the AM Team to confirm the drivers and objectives for improving the management of WWTP and lift station assets and to reach consensus on the AM Plan strategy, CH2M will work with the City to develop the criteria for scoring for the consequences of asset failure, Fei|urmindefined eaaoasset not meeting its desired levels of service. For example,failure mfmlift station may mean loss ofservice duo to pump failure, a piping orvalve failure, loss ofpump wet well' structural integrity,or failure of primary–or emergency standby–electrical power supply.The assessment of vulnerability of WWTP and lift station assets will be considered in defining the consequences ofasset failure. The definitions and scoring system will bealigned with the established' levels of service and the asset management strategy, As part of a workshop, a consequence of asset failure matrix will be developed incorporating the AM Team's criteria for scoring across the entire array of infrastructure assets.The scoring of consequences will differentiate,for example, loss of service of a digester mixing system versus a centrifuge. During this workshop,the AM Team will also identify criteria that will be used to quantify and score the likelihood ufasset failure.This will include the initial grading criteria for rating the physical condition of infrastructure assets along with asset performance.4matrix will be developed to permit consistent scoring and determination ofthe likelihood oƒasset failure. Deliverables:AM plan strategy, goals, and levels of service; consequence and likelihood matrixes and scoring system S,Ubfask1 .3__[1eye|Qp Asset Hierarchies CH2M1 will work with City staff during meetings to develop an asset hierarchies for the WWTP and lift stations from existing drawings, clatabases, and staff knowledge, If asset hierarchies cannot be completed during meetings, CH2M will prepare draft hierarchies for review with City staff in informal ho|/nvv-wp meetings.The asset hierarchy iscomprised of individual major assets and ]nA[ca|groups of minor assets. For example, ifa pump station isnnasset atthe "parent" level, then individual pumps are assets atthe °chiUd" level.The depth ofthe hierarchy for this top-down method ofevaluation depends on the type of asset and may extend to third or fourth sub-element levels,The AM Team will review and approve the final proposed asset hierarchies, Deliverable: Facility asset hierarchies. T� � -� � | Task �� — Evaluate yospfr CH2M will use the results of Task I to evaluate the relative risk of infrastructure assets and asset groups and to identify improvements to capital planning and maintenance activities, and for prioritizing more detailed data gathering and condition assessments.This will be the basis for the AM Plan. SUk+a5k 2.1—Score Assets for Consequence and Likelihood of Failure CH2K4will facilitate five meetings with the AMTeam toevaluate assets and asset groups for consequence and likelihood of failure using the matrixes and scoring system developed, in addition to the gathered asset documentation,the scoring process relies on City staffs understanding of the criticality of equipment and systems, and knowledge to asset physical condition a:nd performance. 2 ` Based on the results of the consequence determination and likelihood of failure determination, the AM Team will determine the relative risk among the assets and asset groups using onExcel spreadsheet. The assets will be prioritized by risk level and presented in a meeting with the AM Team for discussion and for selection nfolevel ufrisk that iyacceptable tothe City, Deliverable, Prioritized asset and asset groups risk scores; scored asset inventory ypvead'shaet SUb+aSk 7.2--UdeDt^N Risk RedUCƒ'(ln /lpt'{}Ds and P['0['t'Z8 Once the relative risk ofthe assets and asset groups |adetermined, CH2Mand the City will identify risk reduction options (capital projects, maintenance actions) to reduce the risk associated with assets and asset gnmupapo»Vng a higher tha,n acceptable risk level, For assets and asset groups having a higher than acceptable level,mfrisk, the AM Team will chose a maximum of ten (10) assets for further evaluation and for selection of options to reduce risk. For example, it is anticipated that relatively high risk scores may be determined for the followingassets and conceptual-level options for implementation and budgetary cost estimates will beprepared. |fcapital projects qrea|roadyfundedintheCib/oCap|tm| |noprovennent Plant,the next highest prioritized assets will beconsidered. u Digester mixing system 0 VVaukamL|ft Station w Secondary clarifier mechanisms ° Chlorine contact chamber repairs w Motor control centers w Grit classifier ° Centrifuges 0 Digester heating boiler For the top 10 risk reduction projects or measures implemented, the assets will be re-scored as if the risk reduction project |u |np|ace. Thenasimp|emetrVc(riskoaducdon/do0arinvested)vvO| bepoepared tofurther prioritize recommendations for implementation. TaskT��� ] �8r��� K ��[)���Dqp�+ [�|�D —Asset Management.=��`~. . .~~" .� / /`°. ^ CH2M will prepare an AM Plan that will include a description and categorization:of the WWTP and lift station assets, adescription ofthe analytical techniques used throughout the project, emdthenesu|tsuf the ana|ysis.The report will present the relative risk posed bwassets, risk reduction capital renewal projects, maintenance actions, and recommendations for improving the management of the City's assets. Adr8ft report will be submitted for review before afina| report is de|ivered. CH2K4 will include in the final AW4Plan the input gathered from the City onthe draft report. Deliverables: (1) Draft and Final AK4Plan covering all aspects and recommendations ofthe project; (2) CDwith all data collected, scored asset hierarchy in Excel. T��� � — ���pr� K �����CI���0�o[�� ��'J Quality Assurance/Quality� / u`'/� —r / . °]~`�� /v/= =Cr`.. . .~.. .� ". .LJ \_{U°U�y Control CH2Mwill manage the delivery ofthe project technical services and work products tomeet the City's schedule and budget. CH2K4will update its project inxtrmntionoforthep 'eotde{kerytenmtorgflect revisions hothe project xrhedu|eandannpo. Pr 'ectinstructionsaddveyyedindudmthefoUovvinQ: • Detailed scope nfservices and project deUvemb|es m Task assignments w Project schedule * Project budget by task 3 * Health and safety considerations m Communication procedures within the team and with the City CH2&4 will mu[nta|n communication with the City through regular project progress meetings, telephone calls, and e-mail. In addition, project activity reports will be submitted to the City with each monthly invoice, CH2Mwill conduct quaN1ycnmtroKmualhxassurance reviews ofproject de|iverables including software programming. All draft deli'verables will be reviewed internally before submission to the City. Schedule The anticipated schedule for construction |s6months, September, 2O16through February, 2U17. Level of Effort and /rOm[lensat'0D The proposed level of effort and compensation for this scope of services is shown in Attachment 1. CH2M HILL JUCLIVED 20,16 HOURLY CHARGE RATES AUG 3 0 2016 for PROFESSIONALS AND TECHNICIANS OF' 1)[JL3LIC WORKS OSHKOS11, \VjSCOSj-J\1 Classification LaULly Rate Senior Consultant $220 Senior Project Manager,Senior Project Engineer $210 Senior Technologist $190 Senior Designer $170 Project Engineer 11 $160 Project Engineer 1 $150 Engineer $140 Associate Engineer, Senior CAD Technician $120 Junior Engineer,Scientist $100 Senior Clerical $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 January 1,2017