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HomeMy WebLinkAboutCH2M Hill Engineers Water Distribution System Modeling ServicesN�� AGREEMENT This AGREEMENT, made on the QO day of 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and CH2M HILL Engineers, Inc., 135 South 8411, 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 WATER DISTRIBUTION SYSTEM MODELING SERVICES. 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. IAEngineering\Tracy Taylor\ Steve Brand Agreements\ CH2M Hill \On -Call Wtr Dist Syst Model Page 1 of 7 Serv\ 2017\ Agreement_10-19-17.do" 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\Tracy Taylor\ Steve Brand Agreements\ CH2M Hill\ On -Call Wtr Dist Syst Model Page 2 of 7 Sery \ 2017 \ Agmement_10-19-17.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 Work. 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\Tracy Taylor\ Steve Brand Agreements\ CH2M Hill \On -Call Wtr Dist Syst Model Page 3 of 7 Serv\ 2017\ Agreement_10-19-17.doc 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 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 $23,880 (Twenty Three Thousand Eight Hundred Eighty 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. I:\Engineering\Tracy Taylor\ Steve Brand Agreements\ CH2M Hill \On -Call Wtr Dist Syst Model Page 4 of 7 Sery \ 2017\ Agreement_10-19-17.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. I:\Engineering\Tracy Taylor\Steve Brand Agreements\CH2M Hill\On-Call Wtr Dist Syst Model Sery \ 2017 \ Agreement_10-19-17.docx Page 5 of 7 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. 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\Tracy Taylor\ Steve Brand Agreements\CH2MHill\On-CallWtr Dist Syst Model Page 6 of 7 Sery \ 2017\ Agreement_10-19-17.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: Ci ttorne CONSULTANT By. us (Specify Title) (Specify Title) CITY OF OSHKOSH By: .t, -5 0441 Mark A. Rohloff, City Manager And: Pamela R. Ubrig, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. An 1 City Comptroller I:\Engineering\Tracy Taylor\ Steve Brand Agreements\CH2MHdl\On-CallWtr Dist Syst Model Page 7 of 7 Sery\2017\ Agreement_10-19-17.docx RECEIVED SCOPE OF SERVICES OCTOBER 16, 2017 Water Distribution System Modeling Services2017 DEPT OF PUBLIC WORKS Purpose OSHKOSH, WISCONSIN The purpose of the Water Distribution System Modeling Services project is to provide the City of Oshkosh (City) with the following: Water distribution system hydraulic modeling services on an on-call basis. CH2M will use the City's calibrated model to conduct analyses to evaluate capital improvements and operational questions raised by the City. The analyses may involve water main replacement, new customer water demands, changes in operational conditions, or other capital improvements. CH2M will provide the City with model results summarized in technical memorandums. These results may include specific recommendations pertaining to system pressures, available fire flows, or system operations. • Validate the model with 2016 customer billing data. • Update the model with completed 2017 water main construction projects. • Compare model pipe network to the City GIS. Deliverables An estimated four (4) individual modeling analyses will be completed. Each analysis will be documented in a technical memorandum. Seven (7) paper copies and two (2) PDF copies of technical memorandums will be submitted to the City. Level of Effort and Compensation The estimated level of effort and compensation is listed in Table 1. These services will be delivered for the not -to -exceed amount of $23,880. As requests are made by the City and completed by CH2M, the City will be billed on a time and material basis. TABLE 1 Level of Effort and Compensation Activity Labor Hours Labor Cost Expenses Total Professional engineering services 157 $23,680 $200 $23,880 Schedule The anticipated project duration is October through December 2017. CH2M 2017 HOURLY CHARGE RATES for PROFESSIONALS AND TECHNICIANS Water Distribution Modeling Services Classification 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 OCT 12 2017 DEPT OF PUBLIC WORKS OSHKOSH, 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