HomeMy WebLinkAboutJacobs Water Utility Technical Services 2019 1319
AGREEMENT
_4This AGREEMENT, made on the I day of 2019, by and
between the CITY OF OSHKOSH, party of the first part, he einafter referred to as CITY,
and JACOBS, 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 2019 WATER UTILITY TECHNICAL SERVICES.
ARTICLE I. PROJECT 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:
Steven M. Gohde, P.E.—Assistant Director of Public Works/
Utilities General 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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Services included in Task 2 and Task 3 are detailed in the CONSULTANT'S Scope of
Services.
Services included in Task 1 of the CONSULTANT's Scope of Services will be detailed
further within individual Project Authorizations. A sample Project Authorization form is
attached to this AGREEMENT.
All reports, drawings, specifications, computer files, field data, notes, and other
documents and instruments prepared by the CONSULTANT as instruments of service shall
become property of the CITY upon payment for those documents by the CITY to the
CONSULTANT, and 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.
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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.
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.
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ARTICLE X. TIME OF COMPLETION
The work to be performed under this AGREEMENT shall be commenced and the
work completed within the time limits as agreed upon in the CONSULTANT's Scope of
Services.
The CONSULTANT shall perform the services under this AGREEMENT with
reasonable diligence and expediency consistent with sound professional practices. The
CITY agrees the CONSULTANT is not responsible for damages arising directly or
indirectly from any delays for causes beyond the CONSULTANT's control. For the
purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other
labor disputes, severe weather disruptions or other natural disasters, failure of performance
by the CITY, or discovery of any hazardous substances or differing site conditions. If the
delays resulting from any such causes increase the time required by the CONSULTANT to
perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled
to an equitable adjustment in schedule.
ARTICLE XI. COMPONENT PARTS OF THE AGREEMENT
This AGREEMENT consists of the following component parts, all of which are as
fully a part of this AGREEMENT as if herein set out verbatim,or if not attached, as if hereto
attached:
1. This Instrument
2. CONSULTANT's Scope of Services dated January 25,2019 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 $86,120 (Eighty Six Thousand One
Hundred Twenty Dollars).
• Attached fee schedule(s) shall be firm for the duration of this AGREEMENT.
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B. Method of Payment. The CONSULTANT shall submit itemized monthly
statements for services. The CITY shall pay the CONSULTANT within thirty (30) calendar
days after receipt of such statement. If any statement amount is disputed, the CITY may
withhold payment of such amount and shall provide to CONSULTANT a statement as to
the reason(s)for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set
forth in a written amendment to this AGREEMENT executed by both parties prior to
proceeding with the work covered under the subject amendment.
D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell
phone charges, telephone charges, and equipment rental shall be considered overhead and
shall not be invoiced separately to the PROJECT.
E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up.
All invoices with expenses shall include supporting documentation of the expense. Failure
to include the supporting documentation will result in the reduction of payments by the
amount of those expense(s)not including documentation.
ARTICLE XIII. HOLD HARMLESS
The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims, and demands to the proportionate extent caused by or
resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her
agents or assigns, his/her employees, or his/her subcontractors related to the performance
of this AGREEMENT or be caused or result from any violation of any law or administrative
regulation, and shall indemnify the CITY for all sums including court costs, attorney fees,
and damages of any kind which the CITY may be obliged or adjudged to pay on any such
claims or demands upon the CITY's written demand for indemnification or refund for those
actions, claim, and demands caused by or resulting from intentional or negligent acts as
specified in this paragraph.
Subject to any limitations contained in Sec. 893.80 and any similar statute of the
Wisconsin Statutes, the CITY further agrees to hold CONSULTANT harmless from any and
all liability, including claims, demands, losses, costs, damages, and expenses of every kind
and description(including death), or damages to person or property arising out of re-use of
the documents without consent where such liability is founded upon or grows out of the
acts or omission of any of the officers, employees or agents of the City of Oshkosh while
acting within the scope of their employment.
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ARTICLE XIV. INSURANCE
The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance
Requirements.
ARTICLE XV. TERMINATION
A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper
manner any of the obligations under this AGREEMENT, the CITY shall have the right to
terminate this AGREEMENT by written notice to the CONSULTANT. In this event, the
CONSULTANT shall be entitled to compensation for any satisfactory, usable work
completed.
B. For Convenience. The CITY may terminate this AGREEMENT at any time by
giving written notice to the CONSULTANT no later than ten (10) calendar days before the
termination date. If the CITY terminates under this paragraph, then the CONSULTANT
shall be entitled to compensation for any satisfactory work performed to the date of
termination.
This document and any specified attachments contain all terms and conditions of the
AGREEMENT and any alteration thereto shall be invalid unless made in writing, signed by
both parties and incorporated as an amendment to this AGREEMENT.
ARTICLE XVI. RE-USE OF PROTECT DOCUMENTS
All reports, drawings, specifications, documents, and other deliverables of
CONSULTANT, whether in hard copy or in electronic form, are instruments of service for
this PROJECT, whether the PROJECT is completed or not. 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: CONSULTANT
By: ePiSvidaokaLAaa.
(Seal of Consultant htiErt aF P cT6-�"�[ MN I tat
if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By: --, ak,/-iet
(Witness) Mark A. Rohloff, City Manager
And: 1/U !�.
(Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
amity rney drxRdrVaki 8OJ\ 3fll
City Comptroller
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SCOPE OF SERVICES JANUARY 25,2019
City of Oshkosh 2019 Water Utility Technical Services
The purpose of the City of Oshkosh 2019 Water Utility Technical Services Project is to provide the'�t y fVED
Oshkosh (City)with the following professional engineering services:
Task 1. Water Distribution System Hydraulic Modeling Services ' AR 0 2019
Jacobs will provide water distribution system hydraulic modeling services on anon-call `�ti ��,�dleF'f�� isIC WORKS
Jacobs will utilize the City's calibrated model to conduct analyses to evaluate capital improvementsl arrdSCONSJN
operational questions requested by the City.The analyses may involve water main replacement, new
customer water demands,changes in operational conditions, or other capital improvements.Jacobs will
provide the City with model results summarized in technical memoranda.These results may include
specific recommendations pertaining to system pressures, available fire flows,or system operations.
Jacobs will update the model with completed 2018 water main construction projects and review City as-
built water main drawings for consistency with City Geographic Information System.
All requests will be accompanied by a Task Order detailing the scope of work of the request and the
estimated not to exceed cost for that scope of work.The budget assumed four(4) individual Task Orders
will be completed under four(4)separate accounting task numbers.Jacobs will document each analysis
in a technical memorandum and submit to the City one (1) PDF copy of technical memoranda.
Task 2. Lead and Copper Control Water Quality Optimization Study
The Wisconsin Department of Natural Resources(WDNR) recently informed the City that it will require
the City demonstrate its corrosion control treatment is optimized to minimize lead and copper
concentrations at customer's taps.Jacobs will prepare a desktop Lead and Copper Control Water Quality
Optimization Study(Study)to evaluate the effectiveness of its corrosion control treatment since the
Lead and Copper Rule was implemented 20 years ago.The Study will be used to help compliance efforts
related to pending revisions to the Federal Lead and Copper Rule and WDNR's enforcement of the rule.
Jacobs will request the available City lead and copper sampling results.This data,along with select water
quality data including raw and finished water alkalinity, pH, and finished water disinfection residuals,
will be summarized for presentation at a task kick-off meeting with the City. During the kick-off meeting,
the task team will discuss current corrosion control treatment operations (phosphate addition and
seasonal pH adjustment with sodium hydroxide).
Jacobs will identify and evaluate potential treatment changes that merit further consideration given the
City's source of water supply, water distribution system performance,and pending changes to the Lead
and Copper Rule.Jacobs' evaluation will specifically address possible unintended water quality and
compliance consequences of potential treatment changes.Actual corrosion control wet chemistry
analyses will not be conducted as part of the Study.Jacobs will consider the feasibility of reusing existing
chemical equipment in the implementation of treatment changes.
Jacobs will prepare and submit for City review a draft Study report.Jacobs will facilitate one meeting
with the City and the WDNR to review the draft Study. City and WDNR review comments will be
reflected in the final Study report.Jacobs will provide one.(1) PDF copy of the final Study report.
Task 3. Water Filtration Plant RMP/PSM Plan Updates
Jacobs will update the Risk Management Program (RMP) and Process Safety Management(PSM) Plan
and documents for the City of Oshkosh Water Filtration Plant(WFP).The WFP stores chlorine and
ammonia gas for use in the drinking water disinfection process.The WFP maintains and adheres to its
RPM/PSM plans to prevent releases of chlorine and ammonia to protect employees and the public in the
event of a gas leak.
At present, some of the WFP RMP/PSM documentation is out of date and deficiencies were identified in
2017 during a compliance review. The City desires to make needed improvements to its RMP/PSM
documentation and program prior to the required June 2019 5-year update submission to the United
States Environmental Protection Agency(USEPA). In addition, the City would like to put in place a few
simple tools and processes to help WFP staff perform annual reviews, efficiently manage change, and
maintain compliant resources.
To efficiently and accurately update the RMP/PSM documentation described below,Jacobs will facilitate
three (3) half-day meetings with City: task kick-off meeting; process hazard analysis update meeting; and
draft deliverables review meeting.
Offsite Consequence Analysis
Jacobs will confirm the parameters and assumptions for the worst-case and alternative release scenario.
Jacobs will update the analysis with the estimated population and sensitive receptors information within
the worst-case and alternative release scenario distances using most recent census data.
Prevention Program
Jacobs will update the prevention program as follows:
Executive Summary. Revise the executive summary to incorporate the pertinent details of the current
chlorine and ammonia storage and feed systems.
Process Safety Information. Update to include current system description, chemical inventories, safe
operating limits, and descriptions of process equipment in the process safety systems. Prepare updated
process instrumentation and control diagrams (P&IDs).
Process Hazard Analysis(PHA). Conduct a half-day PHA for the disinfection process using the "Checklist"
method with City operations, maintenance, and safety staff. The PHA will include:
- Identification of findings that are not consistent with the checklist of good design practices, and
any causes, consequences, and mitigation measures for potential releases identified during
hazard review.
- Develop and document updated Management of Change process.
- Conduct If/Then analysis.
- Document employee participation in PHA process.
- A schedule for implementing the PHA recommendations.
Operating Procedures. Revise operating procedures, with assistance from WFP staff, so they are specific
to the chlorine and ammonia disinfection systems and incorporate current practices.
Training. Review and update as needed the employee training program and participation records.
Mechanical Integrity. Review the preventative maintenance (PM) schedule for the chlorine and
ammonia equipment.Jacobs will prepare PM recommendations to reflect industry best practices and
current City routine PM schedules. Updates to maintenance narratives will be incorporated into the
Mechanical Integrity section.
Emergency Response.Jacobs will review and update the existing emergency response section for
chlorine and ammonia.
Incident Investigation.Jacobs will review the City's chemical release incident and incident investigation
records and make recommendations for PSM compliance or conformance with industry best practices.
Updated Submittal to USEPA
USEPA's submitting software, RMP*eSubmit, will be used to reflect the changes to the RMP and submit
to USEPA. In addition to reporting on the updated PHA, the submittal must also include the following:
• Report the most recent dates of prevention program activities and emergency response plan
activities.
• Update the incident history to include any accidental releases that occurred over the past 5 years
from a covered process.
• Update administrative information such as contact information, phone numbers, etc., if necessary.
Assumptions
The City will provide the following information:
• Existing chlorine and ammonia systems operating procedures.
• Technical manuals for facility process equipment and safety systems.
• Manufacturer 0&M manuals for any new equipment that include PM recommendations.
• City's existing emergency response section in RMP/PSM plan.
• 5-year accident history.
• Number of employees on site.
• Date and details of last safety inspection by an external agency.
• Date on which the safety information was last reviewed or revised.
• Date of most recent review or revision of operating procedures, training programs, and
maintenance procedures.
• Date and details of most recent equipment inspection or test.
• Date and details of the most recent change that triggered management of change procedures.
• Date of most recent review or revision of management of change procedures.
• Date and details of the most recent pre-startup review.
• Date of the most recent compliance audit.
• Date and details of the most recent incident investigation.
• Date of most recent review or update of the WFP Emergency Response Plan.
Deliverables
Jacobs will submit draft updated RMP/PSM plan documents for City review.After addressing the City's
comments,Jacobs will submit two (2) paper copies and one (1) PDF copy of the updated documentation.
Jacobs will assist the City in submitting the final updated RMP*eSubmit documentation to the USEPA by
the June 2019 deadline.
With input from the City,Jacobs will customize RMP/PSM forms and develop simple processes to
support efficient annual review and update of the RMP/PSM documentation by City staff.
Project and Quality Management
Project and quality management activities are integrated in the tasks that comprise the 2019 Water
Utility Technical Services Project.Jacobs 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 task assignments, work plan and deliverables.
• 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,Jacobs will provide project status
information. Jacobs will submit a brief description of project activities by task with each monthly invoice.
Jacobs will perform a QA/QC review of completed work and project progress before submitting work
products to the City.
Schedule
The anticipated project duration is February through December 2019.
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$86,120 on a time and material basis.
Table 1. Level of Effort and Compensation
Project Task Labor Hours Labor Cost Expenses Total
1-Water Distribution System Hydraulic Modeling Services 164 $23,560 $200 $23,760
2-Lead and Copper Control Water Quality Optimization Study 134 $25,620 $200 $25,820
3-WFP RMP/PSM Plan Updates 140 $35,540 $1,000 $36,540
TOTAL $86,120
PROJECT AUTHORIZATION NUMBER
("Task Order")
Owner: City of Oshkosh Department Public Works
Authorized Office: 215 Church Avenue,PO Box 1130,Oshkosh,Wisconsin 54903-1130
Owner-Authorized Representative: Steven M. Gohde, P.E., Assistant Director of Public
Works/Utilities General Manager
Contract: 2019 Water Utility Technical Services
City of Oshkosh Contract Number:
Jacobs Project Number:
The authorizing office requires performance of the following described Services:
Form of Compensation:
® Time and Materials Not to Exceed: $
Additional Terms and Conditions: None
Authorized Services shall be performed in accordance with the terms and provisions of the
agreement between Jacobs and the City of Oshkosh, dated . This Project
Authorization shall be effective only upon date of signature of an authorized representative
of the City of Oshkosh.
JACOBS CITY OF OSHKOSH
Signature: Signature:
Name: Name: Steven M. Gohde, P.E.
Title: Title: Assistant Director of Public
Works/Utilities General Manager
Date: Date:
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CH2M HILL
2019 HOURLY CHARGE RATES RECEIVED
for
PROFESSIONALS AND TECHNICIANS APR v 5 2019
DEPT OF PUBLIC WORKS
OSHKOSH, WISCONSIN
Classification Hourly Rate
Senior Consultant $200 - $240
Senior Project Manager, Senior Construction Manager $180 -$220
Senior Technologist, Senior Designer, Senior Modeler $160-$190
Project Designer, Project Engineer, Project Modeler $140- $170
Staff Designer, Staff Engineer, Staff Modeler $100 - $150
Junior Engineer, Junior Modeler $80-$120
Senior CAD Technician $100 - $140
CAD Technician $75 -$100
Senior Clerical, Graphic Designer $90- $150
Clerical $75 -$100
Project Accountant $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 1,2020