HomeMy WebLinkAboutCH2M Hill Engineers Ripple Avenue Pressure Regulating Station Design & PermittingAGREEMENT I ?)Oaa
This AGREEMENT, made on the ?Xday of /Ve ea bC 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, 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 RIPPLE AVENUE PRESSURE REGULATING
STATION DESIGN AND PERMITTING.
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 II. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the PROJECT described in
this AGREEMENT:
Justin Gierach, P.E. — Civil Engineering Supervisor
ARTICLE III. SCOPE OF WORK
The CONSULTANT shall provide the services described in the CONSULTANT's
Scope of Services. The 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.
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 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
The CITY will maintain property insurance on all pre-existing physical facilities
associated in any way with the PROJECT.
The 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, the 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.
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 November 16, 2017 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 $72,520 (Seventy Two Thousand Five
Hundred Twenty 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.
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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
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 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. The 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
The CITY may suspend, delay, or interrupt the services of CONSULTANT for the
convenience of the 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 the CITY and
CONSULTANT and has no third -party beneficiaries.
In the Presence of:
(Seal of Consultant
if a Corporation)
(Witness)
(Witness)
APPROVED:
63"�
4yy torney
CONSULTANT
/
/�
By: /'�`
(Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By:
Mark A. Rohloff, City Manager
And:
_ Oty Clerk,
OL
. Cr
I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
j I - &.-,- nco " 4
City Comptroller
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SCOPE OF SERVICES NOVEMBER 16, 2017
Ripple Avenue Pressure Regulating StatiQnVED
Design and Permitting Project NOV 15 2017
DEPT OF PUBLIC WORKS
Background OSHKOSH, WISCONSIN
The City of Oshkosh (City) is developing the Aviation Industrial Park and has completed preliminary
hydraulic modeling studies to evaluate water service options for the area. Based on these studies, the
City decided to serve Aviation Industrial Park and nearby areas from the high pressure zone by adding a
new pressure regulating valve (PRV) station at Ripple Avenue and Knapp Street. The City currently
operates two pressure zones: the main pressure zone which provides water to meet about 90 percent of
total customer demand and the high pressure zone which serves the southwest portion of the service
area. The purpose of the Ripple Avenue Pressure Regulating Station Design and Permitting Project
(Project) is to design the Ripple Avenue PRV and obtain the Wisconsin Department of Natural Resources
Approval to Construct.
Currently, there are no customers located in Aviation Industrial Park. To provide adequate water
distribution system pressures and minimize water age to maintain water quality, the Ripple Avenue PRV
will be designed for two phases of operation: pre- and post -Aviation Industrial Park development. Prior
to customers being located in the Aviation Industrial Park, water mains will recirculate water from the
high pressure zone to the main pressure zone. When future customers in the Aviation Industrial Park
need water service, the City will install another new PRV station at Oregon Street and Waukau Avenue
to create a new medium pressure zone. The Project is comprised of the following tasks:
Task 1— Design Definition
Task 2 — Final Design and Permitting
Task 3 — Construction Phase Services
Task 4 — Project and Quality Management
Task 1— Design Definition
The purpose of Task 1 is to establish the design criteria, prepare preliminary design documents, and
estimate costs for the Ripple Avenue PRV Station.
Establish Design Criteria
Using findings from water distribution system modeling studies prepared under a separate project,
CH2M will prepare a draft Technical Memorandum (TM) to document the following design criteria:
• Initial and ultimate pressure and flow setpoints for the Ripple Avenue PRV Station
• Pressure and flow setpoints for the future Waukau Avenue PRV Station
• Locations for future medium pressure zone separation valves
• System water age estimates with the Ripple Avenue PRV Station in place; system water age
estimates when both the Ripple Avenue and Waukau Avenue PRV Stations are in service.
SCOPE OF SERVICES: RIPPLE AVENUE PRV STATION
In addition, CH2M will identify the PRV station components for which City input is needed to prepare
the technical specifications. CH2M will facilitate a meeting with the City to discuss the draft TM and
establish the final design criteria. City input will be incorporated in a final TM.
Preliminary Design Documents
Using the design criteria TM, CH2M will prepare preliminary design documents for the Ripple Avenue
PRV Station including mechanical, electrical, and instrumentation and controls facility requirements. The
City will develop the facility site civil preliminary design. The preliminary design documents will serve as
the basis for a preliminary cost estimate and final design documents.
PRV Stations. The Ripple Avenue PRV station will be similar to the City's existing buried PRV stations on
Oakwood Road and Knapp Street and meet the installation requirements of Wisconsin Administrative
Code NR 811 Requirements for the Operation and Design of Community Water Systems. The Oakwood
and Knapp stations were provided by Engineered Fluid, Inc., whose factory built (pre -plumbed, pre-
wired) units will serve as the basis for the technical specifications. CH2M will prepare preliminary
drawings and the technical and general specifications necessary to allow the City to pre -purchase the
Ripple Avenue PRV Station in 2017.
CH2M will also prepare the technical specification for the future PRV station to be located at Oregon
Street and Waukau Avenue.
Electrical. CH2M will work with Wisconsin Public Service (WPS) Corporation to coordinate new electrical
service requirements to the Ripple Avenue PRV Station site. CH2M will prepare the preliminary electrical
site plans.
Telemetry Radio Path Survey. CH2M will prepare a scope of work for City -retained radio path surveyor.
At this time, it is assumed that telemetry signals from both PRV Stations will be marshalled to the
Southwest Tower and then on the Water Filtration Plant. CH2M will prepare preliminary
instrumentation and control drawings.
Cost Estimate. CH2M will prepare a preliminary construction cost estimate for the Ripple Avenue PRV
Station.
Draft Engineer's Report. The Task 1 findings will represent a 50 percent complete design. CH2M will use
these findings to prepare a draft Project Engineer's Report for the Wisconsin Department of Natural
Resources (WDNR). CH2M will facilitate a meeting with WDNR to review the project.
Task 2 — Final Design and Permitting
The Ripple Avenue PRV station will be constructed by the City's Contractor per the final design
documents. CH2M will prepare the 90 percent complete design documents for review by the City and
the City's Contractor. CH2M will conduct a review meeting with the City, City's Contractor and WDNR at
the 90 percent complete design milestone.
Table 1 is the anticipated sheet list for these improvements. CH2M will submit 5 paper copies and 1 PDF
file of the 100 percent complete design documents to the City.
Table 1. Estimated Final Desien Sheet List
Sheet Sheet Title Sheet Sheet Title
No. No.
1 Electrical Legend 8 Ripple Avenue PRV Station Civil and Mechanical Plan
2 9 Ripple Avenue PRV Station Mechanical Sections and
Electrical Legend Details
SCOPE OF SERVICES: RIPPLE AVENUE PRV STATION
Table 1. Estimated Final Design Sheet List
Sheet
No.
Sheet Title
Sheet
No.
Sheet Title
3
Instrumentation & Control Legend
10
Ripple Avenue PRV Station Area Electrical Site Plan
4
Instrumentation & Control Legend
11
Ripple Avenue PRV Station Electrical Site Plan
5
Mechanical Legend
12
Southwest Tower Telemetry Plan
6
Mechanical Legend
13
9th Avenue Tower Telemetry Plan
7
Ripple Avenue PRV Station Process and
Instrumentation and Control Diagram
14
Civil and Mechanical Standard Details
15
Electrical and Instrumentation Standard Details
CH2M will prepare a final Engineer's Report and WDNR checklist for the WDNR Approval to Construct.
CH2M will facilitate a meeting with WDNR at the 90 percent complete design milestone to gather
agency review comments.
Task 3—Construction Phase Services
CH2M will provide the following services during the construction of the Project:
Submittals. CH2M will log and review shop drawings and other data that the Ripple Avenue PRV Station
supplier and City's Contractor is required to submit. CH2M will review shop drawings for conformance
with the design documents. CH2M will maintain hard copy records of relevant documentation and will
turnover one complete set of project -approved submittals to the City.
Requests for Information. CH2M will provide technical interpretations of the contract documents and
provide written responses to the contractor's requests for information (RFI), and interpretation or
clarification of the contract documents. Approximately 2 RFIs are anticipated. CH2M will review the
contractor's scope and cost estimates as necessary for contract change order, and interpret consistency
with the design intent.
Inspection and SCADA System Integration. CH2M will conduct on-site observations of the contractor's
work for the purposes of determining if the work conforms to the contract for construction and that the
integrity of the design concept has been implemented and preserved by the Contractor. Should CH2M
discover that any work by the contractor is not in accordance with the contract for construction, CH2M
will inform the City and Contractor and monitor the Contractor's corrective actions.
CH2M will develop a new Water Filtration Plant SCADA system screen and integrate the new PRV station
with the control system.
Record Drawings. CH2M will review for completeness the contractor's redlined drawings which will be
the basis of the record drawings. The original design drawings will be revised to reflect available record
information provided by the Contractor. As -built drawings will be provided to the City in paper (4 copies)
and electronic format (AutoCAD).
Task 4—Project and Quality Management
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 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:
0 Detailed scope of services and project deliverables
SCOPE OF SERVICES: RIPPLE AVENUE PRV STATION
• Task assignments and work plan
• Project schedule, 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.
Schedule
This scope of services will be delivered between October 2017 and April 2018.
Project Assumptions
The following assumptions were made in the development of this scope of services:
• The City will prepare the civil site grading plan and provide an electronic copy for use in
development for Ripple Avenue PRV Station mechanical and electrical plans.
• The City has already prepared the erosion and sediment control plan for installation of the
watermain to be connected to the Ripple Avenue PRV Station. No additional storm water
permits are required for the PRV Station installation.
• The City will prepare the front end (Division 0 and Division 1) bid documents for the Ripple
Avenue PRV Station installation contract.
• Construction Authorization from the Wisconsin Public Service Commission will not be required
because the total Ripple Avenue PRV Station Project cost is less than $299,000.
• Design documents for flushing hydrants installation will not be required.
Level of Effort and Compensation
The estimated level of effort and fee to complete this scope of professional services is $72,520.
Task 1 - Design Definition
Senior
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Project
Senior
Project
Project
Project
22
CADD
Project
40
$14,580
120
$200
Manager
Consultant
Engineer
Engineer
Engineer
Clerical
Technician
Accountant
Total
Labor By
Total
Hours by
Total
Total by
120
$200
$14,780
Task 2- Final Design and Permitting
Hours
SharonKornelia
Hours
Hours
Task Description
Linda Mohr
Varies
Dustin Maas
Darren Lecke
Robert Wood
Laurent
Chris Dahl
Madzia
Task
Task
Expense
Task
Task 1 - Design Definition
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Design Definition
8
16
22
22
12
40
$14,580
120
$200
$14,780
TASK
1 TOTAL
8
0
16
22
22
12
40
0
$14,580
120
$200
$14,780
Task 2- Final Design and Permitting
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Final Design and Permitting
8
30
48
48
24
140
$32,880
298
$400
$33,280
TASK
2 TOTAL
8
0
30
48
48
24
140
0
$32,880
298
$400
$33,280
Task 3 - Construction Phase Services
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Submittals, RFIs
2
12
12
16
20
$7,920
62
$160
$8,080
Inspection and System Integration
4
16
8
$4,200
28
$600
$4,800
Record Drawings
4
2
2
24
$3,000
32
$200
$3,200
TASK
3 TOTAL
2
0
20
30
26
20
24
0
$15,120
122
$960
$16,080
Task 4- Project and Quality Management
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Project Management
8
20
$3,180
28
$3,180
iQuality Assurance/Quality Control
8
16
$5,200
24
$5,200
TASK
4 TOTAL
16
16
0
0
0
0
0
20
$8,380
52
$0
$8,380
34
16 1
66
1 100
96
56
1 204
20
$70,960
592
$1,560
$72,520
CH2M 2017 HOURLY CHARGE RATES
for
PROFESSIONALS AND TECHNICIANS
Ripple Avenue PRS Station
Classifiratinn
Senior Consultant
Senior Project Manager, Senior Construction Manager
Senior Technologist, Senior Designer, Senior Modeler
Project Designer, Project Engineer, Project Modeler
Staff Designer, Staff Engineer, Staff Modeler
Junior Engineer, Junior Modeler
Senior CAD Technician
CAD Technician
Senior Clerical, Graphic Designer
Clerical
Project Accountant
RECEIVED
NOV 15 2017
MPT
F PUBLIC WORKS
OSHKOOSH WISCONSIN
Hourly Rate
$200-$240
$180-$220
$160-$190
$140-$170
$100-$150
$80-$120
$100-$140
$75-$100
$90-$150
$75-$100
$50-$100
Rates subject to change on January 1, 2018
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, 2018