HomeMy WebLinkAboutCH2M HILL Eng., INC. & Oshkosh/ Lead Service Line ,)0 ,
AGREEMENT
This AGREEMENT, made on the day of 2017, by and
between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY,
and CH2M HILL ENGINEERS, INC., 135 South 84th Street, 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 LEAD SERVICE LINE REPLACEMENT PROGRAM
ENGINEERING ASSISTANCE.
ARTICLE I. PROTECT 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 M. 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.
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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
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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.
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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.
The CITY agrees that CONSULTANT and its subcontractors have no liability
associated with any hazardous substances (e.g., asbestos, lead, etc.) or hazardous wastes
encountered on or near the PROJECT site; or associated with the CITY's efforts to
coordinate appropriate management of these materials. CONSULTANT or its
subcontractors shall at no time take title, risk of loss, or ownership of the hazardous
substances or hazardous waste. The CITY recognizes that CONSULTANT assumes no
risk and/or liability for hazardous materials or hazardous waste encountered while
performing any services associated with these materials, including surveying services,
sampling services, and any subsurface investigations. CONSULTANT's services will not
include directly or indirectly storing, arranging for or actually transporting, disposing,
treating, or monitoring hazardous substances, hazardous materials, hazardous wastes, or
hazardous oils.
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.
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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 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 October 20, 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
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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 $77,380 (Seventy Seven Thousand Three
Hundred Eighty 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.
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.
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ARTICLE XIV. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements.
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 V&_Ctfrej jc-,�
if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By:
(Witness) Mark A. Rohloff, City Manager
And:
(Witness) Pamela R. Ubrig, City Cl k
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
City Attorney
City Comptroller
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SCOPE OF SERVICES OCTOBER 20,2016
Lead Service Line Replacement Program R1crl4,t"1)
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Engineering Assistance t�,.hr��,
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Purpose
The City of Oshkosh (City) has several thousand lead services lines(LSLs), located on both public and
private property.The Lead and Cooper Rule (LCR) under the Safe Drinking Water Act requires that
samples taken at customers' taps have less than 15 parts per billion (ppb) lead.To comply with the LCR,
the City controls LSL corrosion with the addition of a phosphate based corrosion inhibitor and a pH
adjustment chemical at the treatment plant. In addition, for several years the City has replaced of the
public portion of lead services in conjunction with water main replacement projects; however,the
corresponding private portions of the LSLs were not replaced because Wisconsin regulations prohibit
use of public utility funding on private property.
Recent lead toxicity studies, changes in LCR sampling procedures, and elevated lead levels occurring in
Flint, Michigan have driven regulators and municipalities across the country to revisit their approaches
toward LCR compliance and LSL replacements.The Wisconsin Department of Natural Resources(WDNR)
has allocated $14.5 million of FY 2017 Safe Drinking Water Loan Program (SDWLP) Principal Forgiveness
(PF)funds for municipalities to use for replacing LSLs on private property for projects that result in full
LSL replacements.The City applied for this funding and was granted $500,000 for LSL replacement in
Fiscal Year 2017;the City will apply for Fiscal Year 2018 funding.
Under this scope of service, CH2M will provide technical services to assist the City in its development of
the 2017 private property LSL pilot project and a long-term LSL replacement program.The City will lead
implementation of the LSL program. CH2M will provide LSL program examples and documentation from
other cities and national resources, cost estimating services, public education and outreach resources,
and LSL program facilitation between City and other stakeholders. CH2M will also assist the City with
protocols to gather and manage critical field information, associated with the LSL replacements, for
inclusion in the City's geographic information system (GIS).
Through its LSL Replacement Program, the City will reduce and eventually eliminate the public health
risk associated with LSLs.Through this program,the City will also reduce the addition of phosphate
based corrosion inhibitor which will reduce phosphorus loadings to the wastewater treatment plant and
eventually to the environment.
Task 1—LSL Replacement Program Planning
Along with the public health and potential environmental benefits, an LSL replacement program impacts
customer service and is costly. Careful and thorough planning is essential for successful implementation
of both the City's 2017 LSL replacement pilot project and a long-term City-wide program.Task 1 focuses
on supporting the City with making informed decisions regarding major components of the LSL
replacement program. CH2M will provide engineering analysis, cost estimates, and sample program
resources to support City decision making.
Overall,the City's program strategy will include several on-going activities:
1. Identify and verify occurrence of lead service lines and maintain records
2. Replace public portion of LSL
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LSL REPLACEMENT PROGRAM SCOPE OF SERVICES
3. Provide financial incentive for replacement of private portion of LSL
4. Public education and stakeholder involvement
5. Characterization of lead and evaluation of corrosion control strategies
LSL replacement program analysis
CH2M will prepare and summarize for public presentation the following information:
• History of LCR compliance and LSL replacements
• Technical and regulatory challenges driving the need for the LSL replacement program
• Estimated quantity of public and private LSLs
• Policy challenges (City ordinance; public communications; coordination among City, Winnebago
County Department of Health, and WDNR)
• Benefits of LSL replacement with regards to public health benefits, treatment operating cost
reduction,and phosphorus loading reduction
• Resources needed for 2017 pilot program—workflow processes and tools;for example, plumber
prequalification, plumber agreement,field data collection for GIS and program auditing
• Requirements for LCR sampling, flushing, reporting, and point of use filtration
LSL replacement program cost estimates
CH2M will prepare and summarize for public presentation the following cost estimates
• Capital cost for public side and private side LSL replacements including materials and labor.
• Estimate City costs associated with alternate levels of financial incentives for private property
owners
• Cost for providing supplementary services for private LSL replacement including on-site
inspection, permitting, point of use filters, phone/web based inquiries,etc.
• Costs for including replacement of sanitary sewer laterals.
• Potential cost savings from reducing corrosion control chemical addition at treatment plant
once all LSL are replaced.
• Potential cost savings and regulatory benefits with the wastewater treatment plant discharge
permit from elimination of additional phosphorus loading into City wastewater and associated
phosphorus reduction/removal costs.
• Cost of implementing a unidirectional flushing program for reducing lead levels during multi-
year replacement program.
• Estimate total program costs, including administration, inspections, data management for
program of 10-year or 20-year duration
LSL replacement program policy and public education materials
CH2M will prepare draft program policy and public education materials for review and approval by the
City.
• Draft revisions to City ordinance
• Develop public education materials and outreach strategies to answer the questions:
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LSL REPLACEMENT PROGRAM SCOPE OF SERVICES
O Is there lead in our drinking water?
O How does lead get into the water?
O Why is it important to remove lead?
o What is the Water Utility doing to remove lead?
O What steps can I take to reduce exposure to lead in drinking water?
O Where can I learn more about lead in drinking water?
• Training information for Water Utility customer service representatives
• Recommendations for channels of communication: City's website and social media, newspaper,
City Manager messages, informational flyers, bus stop posters, or other.
LSL replacement program early decisions
To support the 2017 private property LSL replacement project and set the stage for an effective long-
term program, CH2M will assist the City with discussion of the LSL replacement program and decisions
needed to support early actions on the following important considerations:
• Mandatory vs.voluntary private LSL replacements—City ordinance revisions
• Private side replacement incentive value
• Confirm 2017 private side LSL replacement pilot project approach
• Prioritize, categorize and schedule LSL replacements beyond 2017—sensitive populations,
disadvantaged neighborhoods,water main replacement projects, past partial LSL replacements,
sewer lateral replacements, private owner request
• Establish roles and responsibilities for City Water Utility, Division of Inspection Services, other
agencies
CH2M will also develop a short-term (2017) and long-term (beyond 2017) LSL implementation schedule
and flow charts to serve as a LSL program activities guide.
Task 1 deliverables
CH2M will prepare the following in draft for review by the City.The City's review comments will be
incorporated in final versions of the following:
• City ordinance language
• Public outreach communication templates; talking points for Water Utility customer service -
representatives
• LSL replacement program cost estimates and analysis summarized in a Technical
Memorandum
• City Common Council meeting presentation on LSL replace program analysis and cost
estimates
• 2018 Private Property LSL Replacement Project SDWL Intent to Apply and Performance
Evaluation and Ranking Form
• Technical input to the 2017 Private Property LSL Replacement Project SDWL Financial
Assistance Application
• 2017 SDWL program project closeout documentation
• Process flow diagrams and charts to facilitate decision-making and implementation
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LSL REPLACEMENT PROGRAM SCOPE OF SERVICES
Table 1.LSL Program Assistance Level of Effort and Compensation
Senior
Project Senior Senior Cost Junior Project
Manager Consultant Engineer Estimator Engineer Clerical Accountant Total
Kornelia Total Labor Hours by Total Total by
Task Description Linda Mohr Rich Glani Todd Elliott Mike Gnadt Nora Sadik Varies Madzia B Task Task Ex ense Task
Tasks-LAReplacementProgram Planning Hours 'Hours Hours Hours Hours, Hours Hours
Program analysis 30 8 40 0 50 8 0 $ 20,460.00 136 $400 $20,860
Program cost estimates 10 8 40 32 24 10 0 $ 18,610.00 124 $400 $19,010
Program policy and education materials 30 0 30 0 50 40 0 $ 19,400.00 150 $600 $20,000
Program early decisions materials 24 0 0 0 30 20 0 $ 9,540.00 74 $200 $9,740
TASK 1TOTAL 94 16 110 32 154 78 0 $ 68,010.00 484 $1,600 $69,610
Task 2-PM and CW/QC Hours Hours Hous Hours Hours :Hours ' Hours.``
Project Management 16 0 0 0 0 6 24 $5,010 46 $200 $5,210
Quality Assurance/Quality Control 8 4 0 0 0 0 0 $2,560 12 $0 $2,560
TASK 2 TOTAL 24 4 0 0 0 6 24 $7,570 58 $200 $7,770
118 20 110 32 154 84 24 $75,580 542 $1,800 $77,380
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12.E i'r V E D
CH2M HILL
2016 HOURLY CHARGE RATES QCT
for
PROFESSIONALS AND TECHNICIANS t> '' F ` jj"�
Classification Hourly Rate
Senior Consultant $220
Senior Project Manager, Senior Project Engineer $210
Senior Technologist $190
Senior Engineer $170
Project Engineer $150
Engineer $140
Associate Engineer $120
Junior Engineer,Scientist $100
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