Loading...
HomeMy WebLinkAboutItem 18 - Wastewater Treatment Plant Permit RenewalMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: DECEMBER 15, 2015 SUBJECT: WASTEWATER TREATMENT PLANT PERMIT RENEWAL PROFESSIONAL SERVICES 1:7xKi7►�T►� ► • � • ► City Council consider approving an Engineering Services Contract in an amount not to exceed $19,600.00 with Freese and Nichols for engineering support in the permit renewal process with TCEQ, authorize staff to execute said contract and take any necessary action. FUNDING SOURCE: Funding is programmed for this expense in the WWTP Professional Services 200- 44540-531-2. Grapevine's Texas Pollutant Discharge Elimination System (TPDES) Permit for the Wastewater Treatment Plant requires renewal every five years. Our current permit expires on September 1, 2016. The permit application must be submitted to TCEQ 180 days in advance of this expiration date. City Staff prepares the permit application for submittal to TCEQ based upon our plant operating data. Freese and Nichols staff will initially consult with TCEQ regarding any new criteria that they propose. This criteria will be used in Freese and Nichols review of the draft permit application prior to submittal. Once the draft permit is issued by TCEQ, Freese and Nichols staff will compare the draft permit with our current permit to identify any changes that may pose a problem for the City and then assist us with any changes we feel appropriate. Freese and Nichols has provided this service to us every five years for many years and are familiar with our plant and the TCEQ staff. Staff recommends approval. «o55,/nmrnauona|Plaza, sw*e 200 ~ Fort Worth, rox�s76z09 t 817-7 35-7300 ° fax mz7-rss-nm1 Mr. John S. Laster, P.E. Director ufAdministration and Engineering City ofGrapevine 200 South Main Street Grapevine, TX 76051 Re: Assist with TPDES Permit Renewal Application for the City of Grapevine Dear Mr. Laster: Freese and Nichols, Inc. (FN|)is pleased tusubmit this proposal toprovide professional services tothe City of Grapevine (OWNER) to assist with renewal of your Texas Pollutant Discharge Elimination System (TPDES) Permit. It is myunderstanding that the City's current permit expires September 1' 2016, and the City must prepare and file the renewal application with the Texas Commission on Environmental Quality (T[EC)atleast 18Odays prior toexpiration (ie,byMarch S,3O16). Based onour recent discussion, Ialso understand that the City plans todraft the application in-house assoon aupossible and tosubmit the final application well ahead of March 5' 2016. We propose the following tasks to review the renewal application and the subsequent draft permit. The following scope ofservices isbased unthe assumption that the application will be processed by the TCEQ as an uncontested permit application. FN| will render the following professional services in connection with the review of the renewal application and subsequent draft permit: Task 1. Consult with Texas Commission onEnvironmental Quality. Upon execution ofthis agreement, FN| will contact the T[EOvia telephone and/or email to request information related to water quality modeling of the wastewater effluent receiving waters (i.e, Oua|'TX modeling), current status of nutrient criteria development for Grapevine Lake (i.e, nitrogen or phosphorus limitations), and effluent screening criteria (i.e, TexTox modeling). Such information would be used in FN|'s technical review of the OVVNER's draft permit application. Task 2. Review Draft TPDES Renewal Application. FN| will review the DVVNER's draft TPDES renewal application for both administrative and technical completeness including reviewing figures and test results for consistency with TCEQ guidelines. A memorandum listing our comments will be sent to OWNER for discussion via telephone conference and incorporation into the renewal application, ifappropriate, Task 3. Review Draft TPDES Permit. FNI will review the draft TPDES permit issued by the TCEQ following the submission of the renewal application. Comparisons will be made to OWNER's current TPDES permit, and a memorandum listing any differences and comments on those differences will be sent to OWNER for discussion via telephone conference and for OWNER's use in preparing a list of comments to TCEQ. Task 4. Participate in Meetings. FNI anticipates the potential for two meetings at the OWNER's office, one to present FNI's comments on the draft TPDES application and another to present FNI's comments on the TCEQ's draft TPDES permit. FNI also anticipates the need for telephone conferences with the OWNER, in -lieu of or in addition to meetings, and a possible meeting with TCEQ in Austin to discuss draft permit conditions or other items. It is our understanding that the OWNER will prepare the application documents for FN{'sreview and will submit the final application documents to T[ED. We also understand that the OWNER will respond to T[ED requests, if any, for information that may be required for TCEOtu declare the application administratively complete. F0|assumes that the OWNER isnot expecting FN('sassistance with such TCED requests, but we can assist the OWNER with these services upon written request and authorization as an additional service. The scope of services for this project is based on the assumption that the application will be processed by the T[E(l as an uncontested, routine TPDES permit application. If the permit becomes contested, additional effort would be necessary. FN| can provide such additional services, if necessary, upon OVVNER'swritten request and authorization. FN| is authorized to commence work on the Project upon execution mfthis Agreement and agrees to complete the services in accordance with the following schedule: 10 working days after receipt of draft application: Submit application memorandum to OWNER 10 working days after receipt of TCEQ draft permit: Submit permit memorandum to OWNER If FNI' services are delayed through no fault pfFN|, FNI shall be entitled to equitable adjustment of compensation and FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate in writing a person to act as OWNER's representative with respecttothe services tobe rendered under this Agreement. Such person shall have contract authority to transmit instructions, receive information, interpret and define OVVNER's policies and decisions with C. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including the draft renewal application, draft permit, and any other data relative to the Project. D. Examine all memorandums and other documents presented by FNI, obtain advice of an attorney, insurance counselor, and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of FNL E. Provide such accounting, independent cost estimating, and insurance counseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project. F. OWNER shall provide the application fee and submit the final renewal application, copies, and the fee to the TCEQ. OWNER shall also provide for advertisement and notification of renewal application, if required by the TCEQ, City's Designated Representative: Mr. Jimmy Dkjehbani Utility Manager City ofGrapevine 200 South Main Street Grapevine, TX 76051 Telephone: (817)410-333U E-mail: Jdidehbani@grapevinetexas.gov City's Accounting Representative: RN|Project Manager: Ms Katie Leathenwood,P.G. 4V55International Plaza, Suite ZOU Fort Worth, Texas 76109 Telephone: (017)73S'75O] Fax: (O17)735-7492 FN|Acuoundng Representative: Ms. Jana Collier 4055 International Plaza, Suite IOO Fort Worth, Texas 76109 Telephone: (817)735-7354 Fax: (M17)73S'7496 E-mail: jvc@freese.com The total fee for Basic Services shall not exceed NINETEEN THOUSAND SIX HUNDRED DOLLARS ($19,600�00). 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, FN| will notify OWNER forOVVNER's approval before proceeding, Additional services shall be computed based on the Schedule of Charges. We propose to furnish our services as described herein in accordance with Attachment TC, "Terms and Conditions ofAgreement" VVeappreciate the opportunity tosubmit this proposal. |fadditional information orclarification isdesired, 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 Yours very truly, FREBEAND N|[HO [[�OFGRAPEN0�TEXAS ~ By: Steven P.Watters, PWS Title: Vice President mc David Jackson, P.E,8[[E ATTACHMENT CO Charges. Position 'Professional Min Max - 1 75 128 Professional - 2 97 163 Professional - 3 104 200 Professional - 4 152 243 Professional - 5 193 267 Professional - 6 183 487 Construction Manager - 1 95 218 Construction Manager - 2 115 166 Construction Manager - 3 142 177 Construction Manager - 4 179 242 CAD Technician/Designer - 1 63 109 CAD Technician/Designer - 2 99 142 CAD Technician/Designer - 3 128 183 Corporate Project Support - i 46 106 Corporate Project Support - 2 77 190 Corporate Project Support - 3 84 369 Intern/ Coop 38 71 Technology _Charge Bulk Printing and Reproduction $8.50 per hour B&W Color — Small Format (per copy) $0,10 $0,25 Travel Large Format (per sq, ft.) Standard IRS Rates Bond $0.25 $0.75 Glassy / Mylar $0.75 $1,25 Vinyl I Adhesive $1.50 $2.00 Mounting (per sq, ft.) $2,00 Binding (per binding) $0.25 OTHER DIRECT EXPENSES: Other direct expenses are reimbursed at actual cost times a multiplier of 1,15. They include outside printing and reproduction expense, communication expense, trawl, transportation and subsistence away from the FNI office 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. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2,0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. These ranges and rates will be adjusted annually in February. 375-22015 L \Resources,OLCR G Grapevine TPDES 2015.Let Prop CO -1 FNI",-,i' OWNER 10-25-07 ATTACHMIENTTC TERMS AND CONDITIONS OF AGREEMENT I DEFINITIONS: The term Owner as used herein refers to the___CityofGrapevTexas ing . 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 be performed. If any 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 be 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 of use 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 Project 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 (All limits in thousands): Commercial General Liability General Aggregate $2,000 Automobile Liability (Any Auto) CSL $1,000 Workers' Compensation Each Accident $500 Professional Liability $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 FM 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 FM'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 be at FNI's sole risk and without liability or legal exposure to Owner, and FNI shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out ofor resulting therefrom. Page I of 2 FNI OWNER POLLUTANTS AND HAZARDOUSWASTES: It is understood and agreed that FNI has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT, FNI does not take possession or control of the subject site, but acts as an invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or migrating from the site, Further, FNI shall have no responsibility for any pollutant during clean-up, transportation, storage or disposal activities. 10. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by RNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgment as an experienced and qualified design professional. It is recognized, however, that FNI does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices. I I . CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FNI will furnish Construction Representation according to the defined scope for these services. FNI will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, FNI will endeavor to protect Owner against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to Owner, however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the work of the Contractor. FNI shall not be responsible for the acts or omissions of any person (except his own employees or agent) at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a FNI's employee or FNI's agent, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Project begins. 12. PAYMENT: Progress payments may be requested by FNI based on the amount of services completed. Payment for the services of FNI shall be due and payable upon submission of a statement for services to OWNER and in acceptance of the services as satisfactory by the OWNER. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this AGREEMENT will be added to FNI's compensation, If OWNER fails to make any payment due FNI for services and expenses within thirty (30) days after receipt of FNI's statement for services therefore, the amounts due FNI will be increased at the rate of one percent (I%) per month from said thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to OWNER, suspend services under this AGREEMENT until FNI has been paid in full, all amounts due for services, expenses and charges. 13. ARBITRATION- No arbitration arising out of, or relating to, this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGNMENTS: OWNER and FNI each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this AGREEMENT. Neither OWNER nor FNI shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FNI from employing such independent associates and consultants as FNI may deem appropriate to assist in the performance of services hereunder. 15. Pit RCHASEORDERS: If a Purchase Order is used to authorize FNVs Services, only the terms, conditions, instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of the conflict. al 4 t FNI OWNER.----, ...... . ....