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HomeMy WebLinkAboutItem 09 - Wastewater Treatment PlantAward of Engineering Services Contract - Wastewater Treatment Plant Odor Control Master Plan Brown and Gay Engineering, Inc response and data collection protocol, odor school training and the preparation of an Odor Control Master Plan for the wastewater plant. This project is necessitated by new and existing residential development in the vicinity of the wastewater plant. The project will allow the city to identify and implement a cost effective strategy to reduce odors from the wastewater treatment plant and respond to odor complaints. The design budget proposed by Brown and Gay Engineering, Inc. is $50,950.00. Brown and Gay Engineering, Inc. specialize in this type of work and are well qualified to perform the work. Staff recommends approval. 0Aa ge nda\2006\2-21-06\E ng inee ring Service Contract GSWW, Inc. April 13, 2006 (3:49PM) April 13, 2006 Mr. Mike Brownlee, P.E Public Works Department City of Grapevine P.O. Box 95104 Grapevine, TX 76099 Re: Engineering Services Agreement Wastewater Treatment Plant Odor Control Master Plan Dear Mr. Brownlee: Attached are two executed copies of a proposed Engineering Services Agreement for the Wastewater Treatment Plant Odor Control Master Plan. We are proposing to complete this work for a total amount of $50,950, with $42,500 for Basic Services and $8,450 for Special Services. Our approach to this odor control master plan will be to look for economical, common-sense solutions and develop a consensus that balances costs with odor occurrences. The Basic Services will consist of evaluating alternative treatment processes and treatment alterations to reduce odor generation, evaluating odor containment and treatment options, preparing a response and. data collection protocol, and preparing a written report of our findings, opinions of cost, and recommendations. Besides normal reimbursable expenses required for completion of the project, the Special Services consist of conducting a two-day odor school at the wastewater treatment plant and providing an olfactometer for City staff use in identifying and quantifying odors. Brown & Gay Engineers, Inc. appreciates this opportunity to work with you and the City of Grapevine on this important project. For over 30 years we at BGE have earned our reputation for excellence, one project and one client at a time. We look forward to demonstrating that approach to you on this wastewater odor control master plan project. Sincerely, A. Lee Head, III, P.E Vice President Enclosures 108 West 8th Street • Suite 200 • Fort Worth, Texas 76102 + TEE.: 817.887-6130 • FAX: 817-887-6135 • EMAIL: bge@browngay.com W[" lei of 31 1141 10 Wastewater Treatment Plant Odor Control Master Plan THE STATE OF TEXAS ) Ki I a ZY .. THIS CONTRACT is made and entered into by and between the CITY OF GRAPEVINE, a Texas municipal corporation, hereinafter referred to as "City", and Brown & Gay Engineers, Inc. (BGE), a corporation organized and existing under the law of the State of Texas and authorized to transact business in the State of Texas, whose local address is 108 West 8'1' Street, Suite 200, Fort Worth, Texas 76102, hereinafter referred to as "Engineer". The terms of this Contract shall be administered on behalf of the City by its Director of Public Works or his designated representative, hereinafter referred to as "Director". The decision of the City Council in all disputes shall be final and binding. WITNESSETH The City hereby contracts for the services of Engineer to conduct evaluations and studies and prepare a final report for Wastewater Treatment Plant Odor Control Master Plan, in the City of Grapevine, Tarrant County, Texas in accordance with the terms of this contract. The Scope of Services is shown in EXHIBIT "A" attached hereto and made a part of this Contract. See EXHIBIT "A" for final submittals required after execution of construction contract. rfl ffilf►Tii' i ! ►� � The Time for Completion is shown in EXHIBIT "B" attached hereto and made a part of this Contract. Engineer agrees to complete and submit all work required by City under FINAL REPORT and all other work required under the contract documents within 26 weeks (182 calendar days) after receipt of written authorization to commence said work by the Director or his designee; provided however that the time -frame may be extended or suspended due to delays in the right-of-way acquisition, reviews by agencies or franchised utilities or other such matters beyond the control of City or Engineer, with the mutual written consent of both parties. Calendar days under the contract shall be measured including weekends and holidays, but not including reviews by the City. When Engineer submits milestone documents or plans, contract time will stop. When written comments or approvals and a written notice to proceed with subsequent phases of the project are received by the Engineer, contract time will continue with the next sequential day. Services under this contract shall be accomplished in accordance with the following milestone schedule. Submittal of DRAFT Report Contract Day 154 (22 weeks) H The basis of Compensation is shown in EXHIBIT "C" attached hereto and made a part of this Contract. 3.1 The BASIC ENGINEERING SERVICES FEE shall provide compensation for all work required for this project, except that work described under Section 3.5. below. 3.2 The basis of compensation for Basic Engineering Services shall be Lump Sum. The total BASIC ENGINEERING SERVICES FEE shall be Forty Two Thousand Five Hundred Dollars and Zero Cents ($42,500.00). N 3.3 BASIC ENGINEERING SERVICES FEE shall be paid in accordance with the EXHIBIT 66CY). 3.4 No items of work shall be included in the Basic Engineering Services Fee for compensation except those items described in EXHIBIT "A". 3.5 The SPECIAL SERVICES FEE shall be paid on an actual cost plus a mark-up in accordance with EXHIBIT G6C". SPECIAL SERVICES includes the cost for an odor school by St. Croix Sensory Inc. (Charles McGinley) including a Nasal Ranger Field Olfactometer and all other reimbursable expenses. Special Services shall not exceed Eight Thousand Four Hundred Fifty Dollars and Zero Cents ($8,450.00). 3.6 The ADDITIONAL SERVICES FEE shall provide compensation to engineer for ADDITIONAL SERVICES as described in EXHIBIT "A", including conducting off-site odor monitoring, air dispersion modeling, preparing for and attending public meetings and additional evaluations. 3.7 The compensation for Additional Services shall be negotiated when said ADDITIONAL SERVICES are requested. No Additional Services shall be authorized without prior written authorization from the City. 3.8 The TOTAL ENGINEERING FEE shall be the sum of the SPECIAL SERVICES FEE and the BASIC ENGINEERING SERVICES FEE. The TOTAL ENGINEERING FEE authorization for this Contract shall not exceed Fifty Thousand Nine Hundred Fifty Dollars and Zero Cents ($50,950.00). 3 IV OWNERSHIP OF DOCUMENTS Upon acceptance and approval by City of services provided under EXHIBIT "A", copies of original reports and any other related documents or items shall become the sole property of the City of Grapevine and shall be delivered to City, without restriction on future use. Engineer may make copies of any and all documents for his files. Engineer shall have no liability for changes made to or subsequent use of the documents by others after completion of the Project. City shall require that any such change or other use shall be sealed by the engineer making that change or use and shall be appropriately marked to reflect what was changed or modified. im ENGINEER'S LIABILITY 5.1 Re-evaluation occasioned for the convenience of the City shall be at additional compensation for Engineer. Any additional compensation shall be as negotiated between Engineer and City and agreed upon in a separate or supplemental contract after authorization by of the City Council. 5.2 Acceptance and approval of the final documents by the City shall not constitute nor be deemed a release of this responsibility and liability of Engineer, its employees, associates, agents, subcontractors and consultants for the accuracy and competency of their work; nor shall such approval be deemed to be an assumption of such responsibility by the City for any defect in the Documents prepared by Engineer, its employees, associates, subcontractors, agents and consultants. 5.4 Engineer agrees to defend, indemnify and hold City, its officers, agents and employees, harmless against any and all claims, lawsuits, judgments, costs and expenses including attorney's fees and collection costs for personal injury (including death, property damage or other harm for which recovery of damages is sought) that may arise out of or be occasioned 4 by the intentional or negligent breach of any of the terms or provisions of this Contract by Engineer, its officers, agents, associates, employees or subconsultants, or by any other negligent act or omission of Engineer, its officers, agents, associates, employees or subconsultants, in the performance of this Contract; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of City, its officers, agents, employees or separate contractors, and in the event of joint and concurrent negligence of both the Engineer and City, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State ofTexas, without, however, waiving any governmental immunity available to the City under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. M INSURANCE Engineer, at Engineer's sole cost, shall purchase and maintain the following minimum insurance during the term of this Contract: 6.1 Worker's Compensation and Employers' Liability. This insurance shall protect the Engineer against all claims under applicable state workers' compensation laws. The insured shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provision of a workers' compensation law. This policy shall include an all -states endorsement. The liability limits shall not be less than: Workers' Compensation Employers' Liability Statutory $500,000 6.2 Comprehensive General Liability. This insurance shall be an occurrence type policy written in comprehensive form and shall protect the Engineer and the additional insureds against all 5 claims arising from bodily injury, sickness, disease or death of any person other than the Engineer's employees or damage to property of the City of Grapevine or others arising out of the act or omission of the Engineer or Engineer's agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual personal injury liability coverage, a (protective liability) endorsement to insure the contractual liability, broad form property coverage, xcu, premises/operations, and independent contractors. Bodily Injury $ 1,000,000 per occurrence Property Damage $ 2,000,000 aggregate 6.3 This insurance shall be written in the comprehensive form and shall protect the provider, the Engineer and the additional insured against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, and shall cover operation on and off the site of all motor vehicles licensed for highway use, whether they are owned, non -owned, or hired. The liability shall not be less than: Bodily Injury/Property Damage $ 1,000,000 Combined Single Limit 6.4 Professional Liability. Coverage of not less than $1,000,000.00 single limit. The Engineer shall maintain coverage for at period of no less than two (2) years from the date of project completion. 6.5 The cost of all insurance required herein to be secured and maintained by Engineer shall be borne solely by Engineer, with certificates evidencing such minimum coverage in force to be filed with the City. Such certificates shall provide that City shall receive 30 days prior written notice of any cancellation, change or reduction in coverage. all CONTRACT TERMINATION 3 In connection with the work outlined in this Contract, it is agreed that the Director may cancel or indefinitely suspend further work by written notice to Engineer with the understanding that immediately upon receipt of said notice all work and labor being performed under this contract shall cease immediately. Before the end of a thirty (30) day period following such notice, Engineer shall invoice the City for all work completed and shall be compensated in accordance with the terms of this Contract for all work accomplished by Engineer prior to the receipt of said notice, and approved by Director. No payment shall be made by City to Engineer for lost or anticipated profits. All reports and other data related to the project shall become the property of City upon termination of this Contract. Nothing herein shall deprive City of its right to terminate this Contract for breach of same by Engineer and City retains its right to any and all remedies it may have, at law or at equity, to strictly enforce the terms of this Contract, included, but not limited to, its right to seek specific performance of the terms hereof. In case of any default by Engineer, City shall notify Engineer in writing of same. If Engineer does not remedy the default within ten (10) days of said notice, City may terminate this Contract for cause and/or pursue any legal remedy it may have against Engineer. MM APPLICABLE LAW AND VENUE This Contract is entered into subject to the Charter and Ordinances of the City of Grapevine, as amended and applicable Federal and Texas State laws. The provisions of this Contract shall be construed in accordance with the laws and court decisions of Tarrant County and the State of Texas; and exclusive venue for any litigation which may be filed by either party hereto in connection with this Contract shall be in Tarrant County, Texas. 7 IX ASSIGNMENT This Contract shall be deemed personal to Engineer and in no event shall be sublet or assigned without written approval of City. P RIGHT OF REVIEW; INDEPENDENT CONTRACTOR Engineer agrees that City may review any and all work performed by Engineer on this project. The relationship of Engineer to City is that of Independent Contractor. K. NONDISCRIMINATION As a condition of this Contract, Engineer covenants that he will take all necessary actions to insure that, in connection with any work under this Contract, Engineer, his associates and subcontractors, will not discriminate in the treatment or employment of any individual or groups on the grounds of race, color, religion, national origin, age, sex, or handicap unrelated to job performance, either directly, indirectly, or through contractual or other arrangements. In this regard, Engineer shall keep, retain and safeguard all records relating to this Contract or work performed hereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the City, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. /" FINANCIAL INTEREST PROHIBITED Engineer covenants and represents that Engineer, its officers, employees, agents, consultants and subcontractors will have no financial interest, direct or indirect, in the purchase or sale of any product, materials or equipment that will be recommended or required for the construction of the project. H XIII The Engineer shall maintain, and the City shall have the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred in the performance of this Contract. Such right of examination shall include inspection at all reasonable times of the Engineer's offices or facilities, or such parts thereof, as may be engaged in the performance of this Contract. K14W All written notices and correspondence given to City by Engineer shall be mailed or delivered to the City of Grapevine, Director of Public Works, 200 South Main Street, P.O. Box 95104, Grapevine, Texas 76099. All written notices and correspondence from City to Engineer shall be mailed or delivered to the Engineer as follows: Mr. A. Lee Head, III, P.E. Vice President Brown & Gay Engineers, Inc. 108 West 8t' Street, Suite 200 Fort Worth, Texas 76102 W EXECUTED this the _ day of , 2006, the CITY OF GRAPEVINE signing by and through the City Manager, Roger Nelson, adopted by City Council on and Brown & Gay Engineers, Inc., signing by and through its Vice President, A. Lee Head, III, P.E., has caused this instrument to be executed by its duly authorized officials. CITY OF GRAPEVINE By: City Manager Bruno Rumbelow Brown & Gay Engineers, INC. By: Vice President A. Lee Head, III, P.E. APPROVED BY CITY COUNCIL ON 12006. 10 EXHIBIT "A" aU Basic Services On-site Odor Production Evaluation: • Schedule and attend a project kick-off meeting with representatives of the City staff to review our schedule and scope of work. • Prepare and Submit a Project Schedule with major milestones; update schedule on a monthly basis. • Review the history of operations at the wastewater treatment plant (WWTP) site and the amount of odor "issues" that have occurred over the past years. If available, review previous complaint information and files. • Categorize each process unit as an odor generation source on a 1-10 scale based on input from the plant operating staff and the experience of the Consultant Team at other treatment plants. Evaluate Alternative Treatment Processes and Treatment Alterations • Characterize the current treatment unit's technology with regard to treatment technologies for minimizing odor generation potential. • Evaluate alternative treatment processes or process modifications that could result in the reductions of odors at the plant. Evaluate Containment and Treatment Alternatives: • Determine potential cover and contain odor control strategies available for the treatment plant. • Evaluate the effectiveness of the current activated carbon scrubber equipment at the plant. • Determine which type of scrubber is best for each emission source. • Determine which units can be enclosed to reduce significant odor sources and determine the point of diminishing returns. Prepare Response and Data Collection Protocol: • Develop a documented plan for handling odor complaints received by the City. Prepare Wastewater Treatment Plant Odor Control Master Plan: • Develop quantifiable odor reduction objectives. • Identify three most likely options for final evaluation. • Develop opinions of the overall effectiveness of each option evaluated in the reduction and elimination of odors from the plant (and any resulting off-site areas). • Identify both the potential short-term and long-term impacts of implementing each option. • Develop opinions of capital cost and annual operating costs for each option evaluated. • Prepare total 20 -year life cycle (present worth) costs cost and cost per thousand gallons treated (total present worth cost divided by the total gallons treated over a 20 -year life cycle period) for each option evaluated. • Rank the options in terms of cost, impact to operations, and overall cffectiveness. • Prepare a phased plan of action and capital improvement program. • Prepare and submit five (5) copies of a DRAFT Report of the findings, costs, and recommendations to the City for review. 11 • Conduct one Quality Control review workshops at the approximate 80% completion point. • Prepare five (5) copies of the FINAL Report and an electronic "pdf' version. • Submit monthly progress reports with each invoice. Special Services • Provide a two (2) eight-hour day Odor School Training course in Grapevine including both classroom and field training for as many as six (b) City personnel in the recognition and quantification of odors. The course will include setting up an odor monitoring plan, training in the collection of odor samples at the wastewater treatment plant, and developing an odor complaint citizen response program. The course includes all necessary workbooks and training materials as well as an Odor Pen Test Kit. • Provide the City with a Nasal Ranger Field Olfactometer to measure odor strength. Training for use of the Nasal Ranger Field Olfactometer will be included in the two day Odor School Training course. All Reimbursable expenses required for completion of the project. Additional Services: • Conduct air dispersion modeling • Make presentations to neighborhood groups or other interested parties. • Evaluate Options for Elimination of Odor Sources • Conduct off-site baseline odor surveys • Odor laboratory testing 12 W41 go, I 1 1.1 V PROJECT COMPLETION SCHEDULE (Time starts from Written Notice -to -Proceed) *Weeks are considered 7 calendar days On -Site Odor Evaluation (not including odor sampling) 4 weeks On -Site Odor Sampling 10 weeks Evaluate Alternative Treatment Processes 10 weeks Evaluate Containment and Treatment Alternatives 14 weeks Develop Off-site Odor Baseline 16 weeks Prepare Response Protocal 16 weeks Submit DRAFT Report 22 weeks Submit FINAL Report 26 weeks Total Estimated Completion Time 26 weeks* 13 EXHIBIT "C 99 PAYMENT SCHEDULE Payment for basic engineering services described under Exhibit "A" shall be a lump sum amount of Forty Two Thousand Five Hundred Dollars and Zero Cents ($42,500.00) invoiced monthly by task as shown below and based on the actual percentage of work completed. Special Services shall be invoiced on the actual costs plus 15%. The maximum authorized amount for special services is Eight Thousand Four Hundred Fifty Dollars and Zero Cents ($8,450.00) invoiced monthly based on actual charges. Additional Services shall be negotiated at the time of the request to perform additional services. No additional services shall be performed without prior written authorization from the City. The maximum overall fee established herein shall not be exceeded without written authorization from the City, based on increased scope of services. The following is a summary of the estimated charges for the various elements of the proposed services: Basic Services (lump sum) On -Site Odor Production Evaluation $ 3,825.00 Alternative Treatment Evaluation $ 6,235.00 Contain and Treat Evaluation $ 1,900.00 Response and Data Collection Protocol $ 4,455.00 Prepare Costs and Master Plan $ 26.085.00 Total Basic Services $ 42,500.00 Special Services (not -to -exceed) $ 8,450.00 Total Maximum Fee Not to Exceed $ 50,950.00 14