HomeMy WebLinkAboutCH2M Hill Engineers 2018 Wastewater Utility Technical Services13140
AGREEMENT
This AGREEMENT, made on theL-71! �rl AL
day of 2018, 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 2018 WASTEWATER UTILITY TECHNICAL
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:
Stephan M. Brand — Public Works Utilities Bureau Manager
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 January 23, 2018 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:
0 Time and Materials Not to Exceed $119,170 (One Hundred Nineteen
Thousand One Hundred Seventy 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 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.
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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:
4Aemey"�
CONSULTANT
By:C_J�-�'L
(Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By: '1 4�
Mark A. Rohloff, City Manager
And: 1 "
Pamela R. Ubrig, City Cl rk
I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
City Comp roller
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RECEIVED
SCOPE OF SERVICES FEB ® 8 2018 JANUARY 23, 2018
2018 Wa stewate r.Ll-til i�ty,►Tec1h n i ca I Services
OSHKOSH, 1SCONSIN
The purpose of the 2018 Wastewater Utility Technical Service Project (Project) is to assist the City of
Oshkosh (City) with a variety for engineering, planning and environmental permit compliance activities.
The Project is comprised of the following tasks:
• Task 1 —Air Permit Certification
• Task 2 —TMDL Assistance
• Task 3 — CMOM Program and SECAP Assistance
• Task 4 — Project and Quality Management
Task 1—Air Permit Certification
Under the City's Type A Registration Permit Coverage Number 471005920-ROPA issued by the
Wisconsin Department of Natural Resources (WDNR) in January 2014, the City is required to perform an
annual compliance audit to determine compliance status with each permit requirement. CH2M will
conduct and document the annual compliance audit and review the City's record keeping plan for 2017.
CH2M will complete the annual compliance certification reports and monitoring reports for City review
by February 20, 2018. The City will sign and submit the certification documentation to WDNR by March
30, 2018. CH2M will respond to WDNR review comments on the submission.
Deliverables: Air permit certification and backup documentation.
Task 2—TMDL Assistance
The City is participating as an active stakeholder in the Upper Fox River / Wolf River watershed total
maximum daily load (TMDL) process. The outcomes of the TMDL will impact City Wastewater Treatment
Plant (WWTP) effluent phosphorus limits. TMDL assistance services involve supporting the City in its
efforts to comply with pending new phosphorus limits.
CH2M will review TMDL planning materials, participate in TMDL stakeholder and other related
meetings, and submit review comments on TMDL documents. CH2M will prepare meeting minutes and
conversation summaries to document aspects of the TMDL process and related phosphorus compliance
planning activities for communication with City stakeholders.
CH2M will provide technical advice and recommendations with consideration of the wide-ranging
options for compliance with water quality based effluent limits (WQBELs) including optimization of
wastewater treatment, water quality trading and watershed adaptive management or a combination of
these measures.
Deliverables: Meeting summaries, technical review comments, correspondence with TMDL
stakeholders.
Task 3 — CMOM Program and SECAP Assistance
The purpose of the CMOM (Capacity, Management, Operations, and Maintenance) Program and SECAP
(Sewer Evaluation Capacity Assurance Plan) task is to complete the following modeling, planning, and
reporting services related to the implementation of the City's sanitary sewer system CMOM Program
and SECAP:
• Task 3.1 Sewer System Modeling and Engineering Studies
• Task 3.2 SECAP Hydraulic Model Maintenance
• Task 3.3 CMOM Program Activities
Task 3.1— Sewer System Modeling and Engineering Studies
At the direction of the City, CH2M will use the City's hydraulic model of the sanitary sewer system to
simulate system performance under proposed new development conditions. If required, CH21VI will
prepare wastewater flow forecasts for the new development using planning factors developed in
previous modeling and long-range service area planning studies. CH2M will identify the sewer
improvements needed to serve an area to be developed, including improvement phasing. CH2M will
define hydraulic capacity requirements for sewers and the lift stations, if necessary, to convey average
dry weather flow and peak 5 -year, 24-hour storm wet weather flow. CH2M will prepare preliminary plan
and profile model output figures depicting recommended improvements for discussion with the City.
CH2M will summarize modeling analyses, recommendations, meeting discussions, and conceptual cost
estimates in draft modeling study technical memorandums (TMs).
CH2M will address the City's review comments on the draft TMs and submit 3 paper and 1 PDF copy of
final TMs.
Deliverables: TMs summarizing modeling studies conducted at the direction of the City
Task 3.2—SECAP Hydraulic Model Maintenance
The City sanitary sewer hydraulic model is routinely used to simulate collection system performance in
support of SECAP objectives and make informed capital improvement decisions. Under this task CH2M
will continue to maintain a current and representative model by completing the following tasks:
Task 3.2.1— Evaluate 2018 Flow Monitoring Data
CH2M will conduct a peer review of 2018 flow monitoring data information for use in the City's
collection system model. The flow monitoring data will be compiled into a spreadsheet and graphed to
identify anomalies in the metered values. If anomalies are found, CH2M will provide the City with a list
of questions for the flow monitoring contractor. The largest storm events will be compared to the
Depth -Duration -Frequency information for the City service area to determine the recurrence intervals of
the storm events captured during the monitoring period.
Task 3.2.2 Model Update and Recalibration
CH21VI will update the model with collection system capital improvements constructed in 2016 and
2017. The City shall provide a list of completed sanitary sewer construction projects and applicable plan
and profile drawings. If the City has updated the GIS with 2016 and 2017 construction projects, a GIS
export of the pipelines and manholes shall be provided to CH2M, and the model will be updated using
the same asset IDs as the GIS. If the GIS has not been updated, C112M will provide the City with
shapefiles of the 2016 and 2017 pipes and manholes added to the model for review by City staff. CH2M
will identify and report to the City any discrepancies between the GIS and construction documentation.
CH2M will recalibrate the updated model using flow monitoring data collected in 2016 and 2017. Model
calibration involves the refinement of model inputs, particularly those which cannot be directly
measured, to improve the comparison of modeled output and monitored data. The model calibration
task will include adjustment of dry and wet weather model inputs to improve the comparison of model
output and the monitored data collected in 2016 and 2017.
Calibration will include review of the model output for wet weather events at each flow monitor
location to determine each basin's 'best fit' adjustment factor. The model currently simulates wet
weather events using the regression analysis equation and rainfall time series. The regression analysis
equation addresses the total RDII (rainfall derived infiltration and inflow) tributary to the wastewater
treatment plant. Adjustment factors will be determined to match the flow monitor data at each flow
monitor location. The adjustment factors will be applied to the specific flow monitor basin and possibly
to similar basins, helping to adjust for differences in RDII across the system.
Deliverables: Updated model recalibrated with recent flow monitoring data; technical memorandum
summarizing model recalibration process and quality assurance/quality control actions
Task 3.3—Master Sewer Service Agreement Assistance
The City has varied and dated sewer service agreements in place for the Black Wolf Sanitary District, the
Island View Sanitary District, the Town of Algoma Sanitary District, the Sunset Point Sanitary District, and
the Edgewood-Shangrila Sanitary District. The City is interested in developing a master sewer service
agreement to reflect recent City practices including conformance with its CMOM Program.
Task 3.2 — Master Sewer Service Agreement
A draft preliminary master sewer service agreement outline (Refer to Attachment 1) was previously
prepared by CH2M in conjunction with City staff. CH21VI will facilitate four (4) meetings with the City to
collaboratively develop a proposed new master sewer service agreement to replace outdated
agreements with multiple sanitary districts.
CH2M will facilitate a meeting with the City and representatives of the sanitary districts to summarize
the status of service agreements, provide background on the City's CMOM program and SECAP, and
introduce the proposed new master service agreement. CH2M will summarize input from the sanitary
districts gathered during the meeting.
Deliverables. Meeting minutes, proposed new master service agreement
Task 4—Project Management and QA/QC
CH21VI 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:
Detailed scope of services and project deliverables
Task assignments and work plan
Project schedule, budget and performance monitoring
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. CH21v
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 in 2018.
Compensation
The scope of services detailed above will be charged on a Time and Materials not to exceed basis. The
proposed compensation for the scope of services is estimated not to exceed $119,170 as detailed by
task in Table 1.
Table 1. Estimated Level of Effort and Proposed Compensation
121 I 118 1 90 I 140 130 12 1 10 1 16 1 24 I $116,3701 5711 $2,8001$119,1701
Saninr
Project
Mana er
Senior
Consultant
Senior
Technolo ist
Senior Modeler
Project
Modeler
Project
En in
Junior
En ineer
Clerical
ProjeR
Accountant
Total lwbar
By Task
Total
Hours by
Task
Total
Espense
Total by
Task
Task 1- Air Permit Certification
mom
Hours
Hours
Hours
Hours
Hours
mom
Hans
Air Permit Certification
4
2
12
10
$4,200
28
$200
$4,400
TASK 1 TOTAL
4
2
0
0
0
12
10
0
0
$4,200
28
$200
$4,400
Task 2-TMOL Assistance
Hours
.'.Hours
'.Hours
Hours
Hous
Hours-
Hours
Hobs
TMDL Assistance
4
32
90
$24,080
36
$200
$24,280
TASK 2 TOTAL
4
32
90
0
0
0
0
0
0
$24,080
36
$200
$24,280
Task 3- CMOM Program and SECAP Services
Hours
Hours
Hours
Hours
` Hours
Hours
Hours
Hours
Sewer System Modeling and Engineering Studies
20
10
60
50
$24,200
140
$900
$25,100
SCEAP Model Maintenance
10
10
80
80
$29,900
180
$400
$30,300
Maser Sewer Service Agreement Assistance
60
32
16
$20,920
108
1 $900
$21,820
TASK 3 TOTAL
90
52
0
140
130
0
0
16
0
$75,020
428
$2,200
$77,220
Task 4- PM and QA/QC
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Hours
Project Management
20
24
$5,400
44
$200
$5,600
Quality Assurance/Quality Control
3
32
$7,670
35
$7,6J0
TASK 4TOTAL
23
32
0
0
0
0
0
0
24
$13,070
79
$200 $13,270
121 I 118 1 90 I 140 130 12 1 10 1 16 1 24 I $116,3701 5711 $2,8001$119,1701
Attachment 1. Preliminary Draft Master Sewer Service Agreement Outline
Article
1. Parties
2. Roles
Oshkosh
Sanitary District
3. Requirements for all wastewater sewers
State of Wisconsin to all wastewater sewers
East Central Wisconsin Regional Planning Commission
City of Oshkosh
Sanitary District
4. City of Oshkosh Services
Transport from defined points of connection
Treatment
Flow monitoring
Sanitary District billing
Connection point quality assurance
Coordination of regional sewerage needs
5. Sanitary District Services
Pay Service Charges
Point(s) of Connection
CMOM within Sanitary District
Compliance with Ordinance Ch. 24, 6.1-6.4
Exceptions
Shared sewers
Flow limitations
Contents
Exceptions
Excluding rainwater and groundwater seepage
Flow limits at connection points
average flow
peaking factor
Flow Monitoring
Periodic participation in regional sewerage update
6. Service Charges
Conveyance
Surcharge for excess peak flow
Treatment
Planning and Changes
Growth
Content
This agreement is between the City of Oshkosh and the
Transport from connection points to treatment, discharge
Provision, management, operation and maintenance of sewer
service from residents, industries, commercial and
institutional entities to the point of connection to City of
Oshkosh transmission.
CMOM, NPDES permit
Defines and maintains the Regional Service Area
Ordinance Chapter 24, Wastewater Systems and Storm
Drainage
City of Oshkosh delegated flow monitoring, recommend
District install and City operate
Recommend City take responsibility for overview review of
connection points and their conformance with standards,
e.g., definition of service area to each point of connection,
definition of long range Average Daily Flow, definition of long
range Peak Hour flow
Periodic update of regional sewerage performance and needs
(e.g., the City's CMOM with the Capacity update)
Reference the section on Service Charges
provide connection drawings, elevations, sizes: Potential
service area, Potential average daily flow and potential peak
hourly flow
Copy of annual report to City of Oshkosh
List of non-domestic dischargers relegated to City of Oshkosh
for enforcement, shared sewer connected via the District
point of connection
Requirements for one District flow through another
consistent with domestic sewage,
City agreed to convey and treat sewage, not drainage.
recommend District install, City operate that not delegated to
the City of Oshkosh
Periodic meetings and information exchange
Includes treatment, interceptors, lift stations and flow
monitoring. Add principles for calculating District charges
Recommend standardize surcharge for excess peak flow
Includes treatment, lab and environmental compliance
If within flow limits, no problem. If exceeds flow limits,
requires Regional Planning documents
Regulatory If regulations change substantially, requires compliance OR
negotiated strategy/plans to comply
Climate change Infiltration and inflow control must offset climate change
impacts
8. Agreement Review and Renegotiation Standard provisions
CH2M HILL
2018 HOURLY CHARGE RATES
for
PROFESSIONALS AND TECHNICIANS
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
tgOEI�ELa
JA A/ 2
°epr� 201
OSNK ,S�Uwlsc wOR
cQlvi4
Hourly Rate
$200-$240
$180-$220
$160-$190
$140-$170
$100-$150
$80-$120
$100-$140
$75-$100
$90-$150
$75-$100
$50-$100
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, 2019