HomeMy WebLinkAboutItem 03 - WWTP Permit RenewalMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, ACTING CITY MANAGER 5�
MEETING DATE: OCTOBER 11, 2005
SUBJECT: ENGINEERING SERVICES CONTRACT APPROVAL — WWTP
PERMIT RENEWAL
RECOMMENDATION:
City Council consider approving an Engineering Services Contract with Freese and
Nichols, Inc. in an amount not to exceed $18,500.00 for professional services for
preparation of an application to renew the Grapevine Wastewater Treatment Plant
Permit, authorize the Acting City Manager to execute said contract and take any
necessary action.
FUNDING SOURCE:
Funds are available in Account #200-44540-531-2
Wastewater Treatment Professional Services
BACKGROUND:
The Grapevine Wastewater Treatment Plant, located on Shadybrook Drive operates
under a permit issued by the Environmental Protection Agency and the Texas
Commission of Environmental Quality. The permit dictates water quality effluent limits
that the plant must achieve to meet the standards necessary to maintain water quality in
the waters of the United States.
The permit must be renewed every five years. Our current operating permit will expire
on September 1, 2006 and must be renewed prior to this date. The renewal process
and application are long and complex. Freese and Nichols Inc. has provided
engineering services for all aspects of the construction, permitting and technical
operation of the treatment plant. Freese and Nichols Inc. posseses the historical and
institutional knowledge necessary to adequately assist the City of Grapevine in
preparation and submittal of the renewal application for the Wastewater Treatment Plant
Permit.
Staff recommends approval.
MS/ms
October 5, 2005 (9:50AM)
Freese
cfY(LI °
i e h o Is, Inc. Engineers
Environmental Scientists Architects
4055 International Plaza, Suite 200 Fort Worth, Texas 76109 817 735-7300 817 735-7491 fax www.freese.com
September 13, 2005
Mr. Matt Singleton
Director of Public Works
City of Grapevine
P.O. Box 95104
Grapevine, TX 76099
Re: TPDES Permit Renewal Application
Dear Mr. Singleton:
We are pleased to submit this proposal for providing professional services to the City of
Grapevine to assist with professional services for preparation of an application to renew
the City's Texas Pollutant Discharge Elimination System (TPDES) permit. We
understand that the current permit expires September 1, 2006, and that the Texas
Commission on Environmental Quality (TCEQ) requires filing of a renewal application
six months prior to expiration. Thus, the application must be filed by March 1, 2006.
We are basing the following scope of services on the assumption that there will be no
protest of the application. Therefore, we are not including expert witness representation
for contested processing in the scope of basic services, but we can provide those services
upon the City's request if the need arises.
SCOPE OF SERVICES
Freese and Nichols will render the following professional services in connection with the
development of the Project:
Task 1. 'Compile Existing Information and Meet with City. Freese and Nichols
will obtain the current TPDES permit application form from the TCEQ.
Where appropriate, we will use information, including pertinent drawings,
from the City's previous TPDES permit application to address questions in
the current application. In addition, we will meet at the City onsite to
review data, identify other information needed for the application, and
take photographs and make general observations at the plant and receiving
waters as required by the application.
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Task 2. Compile Effluent Analysis Results. Freese and Nichols will provide to
the City and its designated laboratory, copies of tables to be completed by
the City's laboratory from the current TCEQ application form. The
laboratory shall complete these analytical tables to reduce the risk of
transcription errors. Upon receipt, FNI will review the tables for
consistency with MAL limits and for reasonability of the results. We will
summarize the WET test results for the application based on toxicity
testing lab reports to be provided by the City.
Task 3. Prepare Permit Application and "Transmittal Letter. Freese and
Nichols will prepare a draft permit application for the City's review. We
will provide up to five copies of the draft application to the City. The
application will include maps, engineering drawings, schematic diagrams,
and other figures as required. We will finalize the application based on
the City's comments and deliver a final original application and four (4)
copies for the City to transmit to TCEQ. We will also provide up to three
copies of the final application for the City's files.
Task 4. Follow-up with TCEQ. FNI will respond to requests for clarification and
additional information from TCEQ after submittal of the application. FNI
assumed a level of effort not to exceed 20 hours to accomplish this task. If
it appears that the effort will exceed that amount, we will contact the City
for authorization of additional services before proceeding.
ADDITIONAL SERVICES
Post Application Follow-up. If TCEQ comments and requests for additional
information regarding the City's proposed wastewater treatment plant modifications
exceed the anticipated level assumed under basic services, FNI will notify the City and
wait for authorization before proceeding to respond to the agency's requests. We will
provide these follow-up services based upon rates described in Attachment CO.
The scope of services for this project is based on the assumption that the application will
be processed by the TCEQ as an uncontested, routine TPDES permit amendment. If the
permit becomes contested, or if the City decides to modify the wastewater treatment plant
after submitting the application, additional effort would be necessary to revise the
application. Development of an industrial pretreatment program or development of
justification to exclude the City from a pretreatment program are considered to be
additional services. Other items that are not expected to be required for this application
include, but are not necessarily limited to, conducting a physical characteristics
assessment of the receiving stream; attending meetings with the TCEQ; and applying for
a buffer zone variance (not required for TPDES renewals per application instructions).
Freese and Nichols can provide these or other additional services, if necessary, at the
City's request.
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TIME OF COMPLETION
Freese and Nichols is authorized to commence work on the Project upon execution of this
Agreement and agrees to complete the services in accordance with the following
schedule:
60 days after notice to proceed: Submit draft permit application to City
75 days after notice to proceed: Receive comments from City on draft
application
90 days after notice to proceed: Submit final application to City for
transmittal to TCEQ
If Freese and Nichols' services are delayed through no fault of Freese and Nichols,
Freese and Nichols shall be entitled to equitable adjustment of compensation and Freese
and Nichols shall be entitled to adjust contract schedule consistent with the number of
days of delay.
RESPONSIBILITIES OF THE CITY OF GRAPEVINE
The City shall perform the following in a timely manner so as not to delay the services of
Freese and Nichols:
A. Designate in writing a person to act as the City's representative with respect to the
services to be rendered under this Agreement. Such person shall have contract
authority to transmit instructions, receive information, interpret and define City's
policies and decisions with respect to Freese and Nichols' services for the Project.
B. Provide all criteria and full information as to City's requirements for the Project.
C. Assist Freese and Nichols by placing at Freese and Nichols' disposal all available
information pertinent to the Project including previous reports and any other data
relative to the Project. Information needed for the permit application includes, but
is not necessarily limited to, the following items:
1) Tables of effluent analyses to be prepared by the City's laboratory for all required
parameters, including but not limited to the following:
a) Current effluent analysis laboratory reports for conventional parameters
(nutrients, CBOD, dissolved oxygen, pH, bacteria, etc.);
2) Copies of signed laboratory reports for the tests listed above;
3) Information for industrial users, as defined by the TCEQ, that discharge into the
wastewater system;
4) Information on the City's current pollution prevention program/activities as
necessary to prepare the TCEQ application.
D. Examine all studies, reports, sketches, drawings, specifications, proposals and
other documents presented by Freese and Nichols, obtain advice of an attorney,
insurance counselor and other consultants as City deems appropriate for such
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examination and render in writing decisions pertaining thereto within a reasonable
time so as not to delay the services of Freese and Nichols.
E. Provide such accounting, independent cost estimating and insurance counseling
services as may be required for the Project, such legal services as the City may
require or Freese and Nichols may reasonably request with regard to legal issues
pertaining to the Project.
F. The City shall provide the application fee (currently $2,015.00 based on proposed
flows greater than 1.0 MGD) and submit the final application, copies, and the fee
to TCEQ. The City shall also provide for advertisement and notification of permit
application, if required by the TCEQ.
DESIGNATED REPRESENTATIVES
Freese and Nichols and the City of Grapevine designate the following representatives:
City's Designated Representative:
Freese and Nichols' Project Manager:
Freese and Nichols' Accounting
Representative:
COMPENSATION
Matt A. Singleton
P.O. Box 95104
Grapevine, Texas 76099
Telephone (817) 410-3328
Fax (817) 410-3051
E-mail — Matts@ci.grapevine.tx.us
Steven P. Watters
4055 International Plaza, Suite 200
Fort Worth, Texas 76109-4895
Telephone (817) 735-7272
Fax (817) 735-7492
E-mail — spw@freese.com
Jana Collier
4055 International Plaza, Suite 200
Fort Worth, Texas 76109-4895
Telephone (817) 735-7354
Fax (817) 735-7496
E-mail -jvc@freese.com
The total fee for Basic Services shall be computed on the basis of the Schedule of
Charges in Attachment CO, "Compensation", but shall not exceed Eighteen Thousand
Five Hundred ($18,500). If Freese and Nichols sees the Scope of Services changing so
that Additional Services are needed, including but not limited to those services described
as Additional Services, Freese and Nichols will notify the City for the City's approval
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before proceeding. Additional services shall be computed based on the Schedule of
Charges.
TERMS AND CONDITIONS OF AGREEMENT
We propose to furnish our services as described herein in accordance with Attachment
TC, "Terms and Conditions of Agreement",
We appreciate this opportunity to submit this proposal. If additional information or
clarification is desired, please do not hesitate to contact us. If you are in agreement with
the services described above and wish for us to proceed with this assignment, please sign
below and return one copy of the agreement for our files.
Yours very truly,
FREESE AND NICH�OLS, INC.
Michael G. Morrison, P.E., BCEE
Vice President
teven P. Watters, PWS
Associate
R:\Contract\2005\LetAgree\Grapevine TPDES Pennit.doc
By:
Title:
Date:
CITY OF GRAPEVINE
ATTACHMENT CO
COMPENSATION
COST TIMES MULTIPLIER WITH MAXIMUM FEE LIMIT OPTION
A. Not to Exceed: The total fee for Basic Services shall be computed on the basis of the Schedule of Charges
but shall not exceed Eighteen Thousand Five Hundred ($1.8,500). If FNI sees the Scope of Services
changing so that Additional Services are needed, including but not limited to those services described as
Additional Services, FNI will notify CITY for CITY's approval before proceeding. Additional services shall
be computed based on the Schedule of Charges.
B. Schedule of Charges:
Staff Member Salary Cost Times Multiplier of 2.3
Resident Representative Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks,
laborers, etc., for the time directly chargeable to the project, plus social security contributions, unemployment
compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave,
vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.5851 times payroll. This factor is
adjusted annually.)
Other Direct Expenses Actual Cost Times Multiplier of 1.15
Other direct expenses shall include outside printing and reproduction expense, communication expense,
travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related
to the work, including costs of laboratory analysis, test, and other work required to be done by independent
persons other than staff members.
Rates for Inhouse Services
Computer
$10.00 per hour
Plotter
Bond
Special
$ 2.50 per plot
$ 5.00 per plot
Testing Apparatus
Density Meter $350.00 per month
Gas Detection $ 10.00 per test
3-10-04
CO -1
Printing
BIack and White
$0.10 per copy
Color
$0.50 per copy
Binding
$5.75 per book
FNI
OWNER
01.01.02 ATTACHMENT TC
TERMS AND CONDITIONS OF AGREEMENT
1. DEFINITIONS: The term Owner as used herein refers to the City of Grapevine The term FNI
as used herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and
agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the
AGREEMENT.
2. CHANGES: Owner, without invalidating the AGREEMENT, may Order changes within the general scope of the WORK
required by the AGREEMENT by altering, adding to and/or deducting from the WORK to he performed. Ifany change under
this clause causes an increase or decrease in FNI's cost of, or the time required for, the performance of any part of the Services
under the AGREEMENT, an equitable adjustment will he made by mutual agreement and the AGREEMENT modified in
writing accordingly.
3. TERMINATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten
days' written notice. In the event of termination, FNI will be paid for all services rendered and reimbursable expenses incurred
to the date of termination and, in addition, all reimbursable expenses directly attributable to termination.
4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability,
warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss of product, loss ofuse of the
equipment or system, loss of anticipated profits or revenue, non -operation or increased expense of operation or other
equipment or systems.
5. INFORMATION FURNISHED BY OWNER: Owner will assist FNI by placing at FNI's disposal all available information
pertinent to the Pr( ject including previous reports and any other data relative to design or construction of the Project. FNI
shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design
criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold FNI
harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to
Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information
furnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof.
6. INSURANCE: FNI shall provide to Owner certificates of insurance which shall contain the following minimum coverage
(Ali limits in thousands):
Commercial General Liability Workers' Compensation
General Aggregate $2,000 Each Accident $500
Automobile Liability (Any Auto) Professional Liability
CSL $1,000 $3,000 Annual Aggregate
7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any
subcontractor for FNI is incompetent or undesirable, Owner will notify FNI accordingly and FNI shall take immediate
steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing
contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner.
OWNERSHIP OF DOCUMENTS: All drawings, reports data and other project information developed in the execution
of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for
services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be
suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without
written verification or adaptation by FNI will be at Owner's sole risk and without liability or legal exposure to FNI, or to
FNI's independent associates or consultants, and Owner shall indemnify and hold harmless FNI and FNI's independent
associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or
resulting therefrom. Any such verification or adaptation will entitle FNI to further reasonable compensation. FNI may
reuse all drawings, report data and other project information in the execution of the Services provided under this
AGREEMENT in FNI's other activities. Any reuse by FNI will beat FNI's sole risk and without liability or legal exposure
to Owner, and FNI shall indernnify and hold harmless Owner from all claims, damages, losses and expenses including
attorneys' fees arising out or or resulting therefrom.
FNIj
OWNER