HomeMy WebLinkAboutCH2M Hill Engineers, Inc. & Oshkosh 73 "1
AGREEMENT
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This AGREEMENT, made on the ;V1 day of \, , 2016, by and
between the CITY OF OSHKOSH, party of the first part, hereinafter 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 TMDL TECHNICAL 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 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 Ill. 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.
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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.
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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.
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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
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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 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
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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 December 12, 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.
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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 $23,100 (Twenty Three Thousand One
Hundred Dollars).
Attached fee schedule shall be firm for the duration of this AGREEMENT.
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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.
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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
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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 Insurance
Requirements.
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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 PROTECT 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.
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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
By:
(Witness) Mark A. Rohloff, City Manager
And:
(Witnes) Pamela R. Ubrig, City Ceer
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
4Att rne)��
4unn _�Tln
City Comptroller�
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SCOPE OF SERVICES � L , ?_016 DECEMBER 12, 2016
TMDL Tech n ica I Assistance YuB,-;"'OR"
OSHKU�'H
Purpose
The City of Oshkosh (City) is participating as an active stakeholder in the Upper Fox River watershed
total maximum daily load (TMDL) process. The outcomes of the TMDL will impact City Wastewater
Treatment Plant (WWTP) effluent limits.The City is also investing in strategies to achieve a lower
phosphorous limit including the following:
• Optimization of phosphorus removal with current treatment processes
• Phosphorus source reduction
• Additional treatment processes and upgrades to the existing WWTP
• Adaptive management and/or pollutant trading with upstream contributors
The purpose of this scope of services is to provide technical engineering services at the direction of the
IIS City to support its efforts to comply with pending new phosphorus limits.
Task 1—Technical Assistance
CH21M services will include review of TMDL planning materials, participation in TMDL stakeholder and
other related meetings, and submission of review comments and professional opinion.These services
will be provided primarily by professional engineers based in CH2M's Milwaukee office,with occasional
consultation with other technical experts as needed.
CH2M will provide meeting minutes and conversation summaries to document aspects of the TMDL
process and related phosphorus compliance planning activities for communication with City
stakeholders.
CH2M will provide technical advice and recommendations with consideration of the wide-ranging
options for compliance with WQBELs including optimization of wastewater treatment,water quality
trading and watershed adaptive management or a combination of these measures.
Task 2—Project management, quality assurance/quality control
Project management and quality assurance/quality control duties include:
Communication. Communication will be maintained through regular team meetings, telephone calls,
and e-mail. Meetings will be held with City staff to discuss the TMDL and phosphorus compliance
I' planning process. In addition to meetings, reports on project budget and activities will be submitted
with monthly invoices.
Quality Control/Quality Assurance (QA/QC).The role of the QA/QC process is to support the project
manager and technical staff throughout the project and review completed work at project milestones.
Project deliverables will be reviewed prior to submission to the City.
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E Schedule
I' The TMDL technical consulting services will be provided November 2016 through March 2017.
Level of Effort and Compensation
The level of effort for professional engineering services and compensation is presented in Table 1.
TABLE 1
Level of effort and cost
Activity Hours Cost(Labor and Expenses)
Task 1—TMDL Technical Assistance 104 $18,460
Task 2—Project management and QA/QC 32 $4,640
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TOTAL 136 $23,100
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CH2M HILL
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2016 HOURLY CHARGE RATES d'�Ec -1
for DEC 2 2.016
PROFESSIONALS AND TECHNICIANS
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Classification Hourly Rate
Senior Consultant $220
Senior Project Manager, Senior Project Engineer $210
Senior Engineer $190
Senior Designer, Senior Technologist $170
Project Engineer $150
Associate Modeler, Senior CAD Tech $130
Associate Engineer $120
Engineer $105
CAD Tech, Senior Clerical $90
Clerical $75
Project Accountant $50
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Expenses
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Expense Type Estimating Method Rate
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
Subconsultants/Outside Services 5%
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Rates subject to increase in 2016.
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