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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. I:\Engineering\2017 CONTRACTS\17-19 Aviation WtrMn\Project_lnfo=ation\Contract Page 1 of 7 Info\Consultant Agreements\CH2M Ripple Ave Pressure Regulating Station Des & Penn Agre rnent_ll- 22-17.docx All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re -perform any services not meeting this standard without additional compensation. ARTICLE V. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VII. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable from City records. 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. I:\Engineering\2017 CONTRACTS\17-19 Aviation WtrMn\Project_Information\Contract Page 2 of 7 Info \ Consultant Agreements\CH2M Ripple Ave Pressure Regulating Station Des & Perm Agreement_11- 22-17.docx 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 I:\Engineering\2017 CONTRACTS\17-19 Aviation Wtr Mn\Project_Information\Contract Page 3 of 7 Info\Consultant Agreements\CH2M Ripple Ave Pressure Regulating Station Des & Perm Agreement_11- 22-17.docx 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. C\Engineering\2017 CONTRACTS\17-19 Aviation WtrMn\Project_lnformation\Contract Page 4 of 7 Info\Consultant Agreements\ CH2M Ripple Ave Pressure Regulating Station Des & Perm Agreement_11- 22-17.docx 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. 1:\ Engineering\ 2017 CONTRACTS\17-19 Aviation Wtr Mn\Project_lnformation\Contract Page 5 of 7 Info\Consultant Agreements\ CH2,M Ripple Ave Pressure Regulating Station Des & Perm Agreement_11- 22-17.docx 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. I:\Engineering\2017 C0NTRACTS\17-19 Aviation Wtr Mn\ Projed_Information\Contract Page 6 of 7 Info \ Consultant Agreements \ CH2M Ripple Ave Pressure Regulating Station Des & Perm Agreement_11- 22-17.docx 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 1:\ Engineering\ 2017 CONTRACTS \17-19 Aviation Wtr Mn\Project_lnfonnation\Contract Page 7 of 7 Info\Consultant Agreements\ CH2M Ripple Ave Pressure Regulating Station Des & Perm Agreement_11- 22-17.docx 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