HomeMy WebLinkAbout1986-09-08 86-368 ORDER' 86-368
Introduced by Councilor cox, September 8, 1986
CITY OF BANGOR
(TITLE.) VIYCDM, Authorizing City_Manager to, Enter into a Contract.__.
with Woodard & Curran, Inc. - Secondary Treatment Facility
.............. ......_.___ ............. ......... _.._.. _._-
By iU City Connell ofthe City of Border.
ORDERED,
THAT, WHEUAS, Federal regulations have mandated that the
City of Bangor comply with the established deadline of July 1,
1 for the upgrading of the Wastewater Treatment Plant to
provide secondary treatment; and
WffitEAS, the City Council Finance Committee has interviewed
numerous consulting engineers to assist the City in evaluating
secondary treatment alternatives and possible extensions in the
schedule for implementation; and
WEEREAS, Woodard & Curran, Inc. of Portland, Maine have been
selected to undertake such work and have started to develop a plan
for the implementation of said requirements, the first phase being
the proposed negotiation of a consent decree with DEP for a more
realistic schedule of compliance;
BOW, THIRE, Be It
ORDERED, THAT the City Manager be and hereby is authorised
to enter into an Agreement with Woodard & Curren, Inc., a copy
of said Agreement being on file in the Office of the City Clerk,
for consulting engineering services pertaining to the first phase
of the implementation program; and be it further
ORDERED THAT the sum of One Hundred Fifty Thousand Dollars
0150,000.003 be transferred from the Reserve for Future Construction -
Sewer Fund to cover the cost of said services and other related work
pertaining to the evaluation of the sewer system.
YJ.V�Y,�'iZe)�fYSwet
The work included under the proposed Phase I Contract includes
the development of a realistic project schedule for the evaluation
of our existing sewer system and treatment plant, leading to eventual
upgrading of the sewers and the plant; the preparation of a financial
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CRDER. Continued
EPA guidelines; the
sewer system, which will have an influence on
he sewage treatment plant. This phase of the
d imperative both to revise the existing comp.
our combined sewers and the resulting size required for seconder
treatment facilities. Once this phase of the project is complet
estimated to be next spring, a second phase will be initiated
which will evaluate specific secondary treatment processes and
which will develop specific plans for the possible rehabilitatia
and/or stormwater separation of major portions of the City sewer
system.
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In City rowed September 8NI986
Passed
Cwna]l vote ro Conflict for 000milor
Hll
City Clerk'
ORDER' a¢;a
1:4
Title, :' X
.. Ant riming City Man r to Enter Ip 1-:
....................................... ...
a co`Reaot with Hoodard &, Cm'rw Ino.' -
�........... :............. ............ ._
. SecoMary �'i5'dBtmeM. P1aN.
Introd ced d by
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The significant deviation in the proposed project schedule has
resulted in the re -defining of the Scope of Services as detailed
in
Attachment 1 to this Contract. Attachment 1 outlines a Phase 1
Scope of Services to cover the period from May 12, 1986 through the
estimated completion of the negotiation of a Consent Decree.
Additional assignments may be identified as subsequent Phase of
Work, each to be negotiated separately once the Consent Decree is
finalized to assist the City with implementation of its secondary
treatment system.
Prior to each new assignment phase, Consultant shall meet with the
City Engineer or his designated representative to execute a
Memorandum of Understanding outlining the scope of the individual
assignment and the time of performance. Related Project Assignments
may include, but not be limited to, conducting pilot plant studies,
developing an infiltration/inflow identification and system up-
grading program for the City's collection system, pursuing and
negotiating grant assistance from State and Federal agencies, and
performing Tasks 4, 5, 6 and ] as indenti£ied in the initial Scope
of Services.
2. CONSULTANT'S PERFORMANCE
The Consultant agrees that the performance of work andsvices
under this Agreement shall conform to the normally accepted profes-
sional standards and further agrees to perform the servicesn the
most expeditious and economical manner consistent with the best
interests of the City and with professional engineering and planning
standards.
The Consultant shall perform the work to the satisfaction of the
City Engineer on his authorized representative, who shall have the
right of inspection at all times and whose approval and acceptance
of the work shall be precedent to payments by the City under this
Agreement.
3. PERIOD OF PERFORMANCE
The terms of the Agreement shall be reviewed one (1 year from the
date of execution. This Agreement may ibe renewed annually by the
City for the duration of this project.
Consultant agrees to perform projects under this Agreement at the
request of the City Engineer, or his designated representative,
following a pre -assignment conference, and to complete the assign-
ment within the time set forth in each pre -assignment Memorandum.
2 -
In the event that performance of its services is delayed by causes
beyond the control of the Consultant or its subcontractors,
equitable adjustment by written agreement shall be issued to reflect
the extent of such delay. The Consultant shall provide the City
with a written notice of delay, including therein a description of
the delay and the steps contemplated or actually taken by the
Consultant to mitigate the effect of such delay. If the Consultant
fails to provide such written notice of delay within thirty (30)
days of the commencement of the delay, the delay shall not be
considered for the purposes of this Agreement.
4. COMPENSATION
The City shall compensate the Consultant for time spent in the
performance of services under this Agreement in accordance with the
Consultant's ratesas provided in Section 6. Such rates shall be
effective for services under this Agreement provided between July 1,
1986 to .July 1, 1987.
Travel expenses incurred, subcontractors, subconsultants and
materials used in project implementation, including but not limited
to paper, mylar, telephone, computers, and printing, shall be billed
at actual cost with no mark-up.
5. PAYMENTS
Payments shall be made to the Consultant in accordance with the
following provisions:
(a) Consultant shall submit monthlycfor payments which
shall contain a short summary Of i nthe extent of progress o
s
the project(s) signed, together with a statement of the
manhours expendedby each of the Consultant's staff at their
respective hourly rates as outlined in Section 6, since the
prior monthly invoice.
(b) The City will approve said invoices within five (5) calendar
days of receipt,or reply v writing to any for
denying approval,and shallpay saidi nvoices within
twenty-five (25) calendar days after approval.
6. PERSONNEL
The Consultant shall provide the following personnel to provide the
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services required under this Agreement:
Staff Fee Schedule
Principal Manager------------------------
$95/Hr
Project Manage[
$70/Hr
Project Engineer-------------------------
$55/Hr
Staff Engineer---------------------------
$40/Hr
Designee
$40/Hr
Drafter-------------------------------
$30/Hr
Clerical
$25/Hr
2 -Man Survey Crew------------------------
$60/Hr
The inviduals utilized in these positions shall be as identified in
the Consultant's Proposal. The City reserves the right to review
and approve any subcontractors or staff not identified in the
Proposal.
The Consultant represents that it has, or will secure at its own
expense, all personnel required to perform its services under this
Agreement. Such personnel shall hot be, nor holdthemselves out t0
be, employees of the City. The Consultant,on istent with its
status independent contractor, further agrees that its
personnels including its subcontractors, will not hold themselves
out as, not claim to be, officers or employees of the City.
]. DOCUMENTS AND REPORTS
All documents, data, studies, estimates, summaries, drawings or
other work or material developed under this Agreement shall be the
property of the City and be promptly delivered to the City upon
completion of the project or upon request of the City. The
Consultant shall be responsible for the protection and/or replace-
ment of any such work or materials in its possession.
8. INSURANCE
Consultant shall procure and maintain at its own expense Public
Liability Insurance coverage and Automobile Insurance coverage in
amounts not less than Three Hundred Thousand Dollars ($300,000)
combined single limit for bodily injury, death and property damage
and also Workers' Compensation Insurance coverage as required by
law,ning the City as a additional insured thereon. Consultant
shall furnish the City certificates evidencing such coverage, which
certificates shall guarantee thirty (30) days' notice to the City of
termination of insurance from the insurance company or agent.
The Consultant shall, at its own expense, carry Professional
Liability Insurance for errors,,ons, and negligence, in the
amount of One Million Dollars ($1,000,000.00).
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9. TERMINATION FOR CAUSE
If, through any cause, the Consultant shall fail to fulfill in a
timely and proper manner its obligations under this Agreement, or if
the Consultant should violate any of the covenants, agreements, or
stipulations of this Agreement by giving notice to the Consultant
of such termination and specifying the effective date thereof. In
such event, all finished and unfinished documents, data, studies,
estimates, summaries, drawings and such together information and
materials as may have been accumulated by the Consultant in the
performance of this Agreement, shall be delivered to the City, and
the Consultant shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents.
Notwithstanding the above, the Consultant shall not be relieved of
liability to the City for damages sustained by the City by virtue of
any breach of the Agreement by the Consultant and the City may
withhold any payments to the Consultant for the purpose of assess-
ment until such time as the exact amount of damages to the City from
the Consultant is determined..
This Agreement may be terminated by the City foronvenience upon
written notice to the Consultant. Upon receipt of notice of
termination from the City, the Consultant shall discontinue his
services unless otherwise directed and shall deliver to the City all
documents, data, studies, estimates, summaries, drawings and other
information and material which have been accumulated or generated by
the Consultant in its performance of this Agreement, whether
completed or in progress. In the event of such termination, the
Consultant shall be compensated for all services performed under
this Agreement which were not previously compensated for up tW the
date of termination.
10. DISPUTES
Any disputes arising out of or in the course of this Agreement,
which are dot settled by mutual agreement of the parties, shall be
resolved by litigation in the Maine Superior Court for Penobscot
County.
11. COMPLIANCE WITH APPLICABLE LAW
This Agreement Shall be governed by and construed in accordance with
the laws of the State of Maine.
The Consultant shall comply with all applicable federal, state, and
local laws, including but not limited to, laws prohibiting
discriminaiton in employment on the basis ofa colo[, religion,
national origin, mental or physical handicap, age or sex.
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12. EXTENT OF AGREEMENT
This Agreement, with its attachments, represent the entire and
integrated agreement between the City and Consultant and supercedes
and replaces all terms and conditions of any prior agreements,
arrangements, negotiations, or representations, written or oral,
with respect to this Study. This Agreement may not be modified
except in writing executed by the parties hereto.
13. NOTIFICATION
All communications and notices requiredo permitted under this
in
Agreement shall be writing and shallbe deemed sufficiently
service if served by certified mail, addressed as follows, or to
such other addresses as the parties may designate in writing from
time to time:
CONSULTANT: Woodard 6 Curran Inc.
41 Hutchins Drive
Portland, ME 04102
CITY: John T. Frawley, City Engineer
City Hall
73 Harlow street
Bangor, ME 04401
IN WITNESS WHEREOF, the CITY OF BANGOR has caused this
Agreement to be signed and sealed in itsc orporate name by
John W. Flynn, its City Manager, thereuntoduly authorized,
and WOODARD 6 CURRAN INC., has caused this Agreement to be
signed and sealed the day and year first above written.
WITNESS:
l
File 40222A
CITY OF BANGOR
By
Its City Manager
WOODARD b CURRAN INC.
6 -
CITY OF Pl4 R
ATIPLFMFNT 1
SCOPE OF EEI WI
PNASE 1
she Phase 1 Scope of Servicese to cover the four major tasks
identified N be conducted tfroighthe wnpletion of Consent Decree
negotiations for the project with EPA. The four major tasks are:
1) Assist City with Financial Capability Analysis
2) Assist with Negotiation of Consent Decree Agreement
3) Developing Project Schedule
4) Review and Evaluation of Elnisting Sewers
The estimated costs for all tasks are subject to the ;nature and extent of
the negotiations as they develop. A monthly reevaluation of projectea
costs for each task will be provided with each billing. We will arrive
to review each monthly accrued billing and projected tasks and billing in
person at a monthly project status review meeting. Any questions should
be resolved at that time since the nature and scope of this assignment is
so contingent on outside factors.
The tasks underway at this time are segregated into Part A, for work
completed from May 12th through July 27th, and Part 6 for work estimated
through the co Ietion of the Consent Caries negotiations. The
negotiations are estimated to be conn]ucted over the next three (3) to six
(6) months, if the project schedule is negotiated ina fashion similar to
that proposed by woodara 6 Curran Inc., and if the negotiations are
providing for an agreement which is acceptable to the City of Bangor. A
shorter or far longer time frae has been experienced by many
municipalities. The process is contingent upon the City's willingness to
settle upon a given set of terms and conditions to implement secwgary
treatment of its wastewater.
TASK 1 Assist
City
with Financial Capability
Analysis
Description
The Company will prepare tae financial capability analysis for the City
of Bangor as outlined in the Municipal Financial Capability Assessment
Wide. Since there is some question as to what facility(ies) will be
required and Nus the wet of upgrading wastewater treatment, the ConVany
will prepare two or three scenarios and document assumptions and results
of each.
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At this tiers, the scenarios
to be evaluated will be (1) using the updated
costs for facilities described
in the 201 Facility Plan preparea by
Metcalf and Eddy; (2) using estimettd
coats for a secondary trey m nt
plant W treat 6 M1 (water
use and estimated reduced infiltration); and
(3) Secondary Treatment Options plus
estinvoted Costs for substantial
rehabilitation of Bangor's aging sewage
collection system. Otter options
may be included.
The task breakdown and cast
estimates
for this work segment are listed
below:
Task Dea¢iptiOn
LaWr (Days)
Project Project Tech -
Principal
Manager lkyineer nician Clerical
Part A (May 12July 27)
-
Collect Background Data
1
1 1
Prel. Option Analysis
1
1
Subtotal Days
2
1 1 1 0
Dollars
$1,520
$560 $440 $240
Part B (July 27- )
Develop 6 Analyze Options
2
3 - 1
Report
1
3 1 1
Revisions
1
2 1
Meetings w/city
1
2
Subtotal Days
5
0 10 1 3
Dollars
$3,800
$4400 $240 $600
Total Labor Expense _
$5,320
$560 $4840 $480 $600
Direct Expenses
$ 400
Total. Current Cast Estimate: $12,200
TASK 2 Assist with Meaotiation of Consent Decree Agteenent
Woodard 6 Curran will continue to act in behalf of the City of Bangor
during talks and negotiations with the Maine DEP and 05 EFA Region I.
The objective of this effort is to eStealisIn a consent decree agreement
which will allow Bangor to go through a rational and necessiry
engineering design and construction process in their effort to comply
with the National Municipal SaCCnIsry Treaficot Doliry. This general
objective translates into On se goals which Woodard 6 Curran would aim to
achieve.
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A. 1b work out the details of the Consent Decree such that it was
between Bangor and the Maine DER (not wftl: the EPA, if at all
possible).
B. TO extend the ro Bance date for Bangor beyond the July 1, 1988
deadline. This date will be determined and dependent upon
scheduling of the study "a Report, Preliminary Engineering
Design, Pilot or Feasibility study, Final Design and
Construction Phases of the total project.
C. To establish acceptable interim effluent discharge limitations.
The Coupany's plan to assist Bangor inr ving at an agreerent c ists
Of (1) intraducing the general concepts backgroual on other regions
actions, and uniqueness of Bangor's case before the DFS 6 EPA; (2)
working with the DEP to establish broad outlines for the Project Phases:
(3) refining the details of the Project Schedule; and (4) assisting
Bangor during negotiations with the DEP on the specific terms of the
Decree.
ne task breakdown and cost estimates for this work segcent are listed
below:
Task Description Labor (Days)
Project Project Tech -
Principal Manager Engineer nician Clerical
Part A (May 12 -July 27)
Research other regions 2 3
Review other Consent Decrees 2 2 1
Assess C vs. secondary
Treatment and Consent Decrees 3 2 1
Meetings w/City Officials 3 3
Draft summary Reports 4 2
Prepare for initial Negot.
Mtgs. 1 2
Initial begot. Mfg. w/DEP 2
subtotal Days 11 12 5 0 2
Dollars $8360 $8400 $2200 $ 0 $400
Part B (July 27- )
Prepare for 1st EPA/DEL? Mtg. 2 2
Initial EPA 6 Bangor Mfg. 1
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Task Description
Labor (Days)
Project Project
Tech
Principal
Manager Ehgineer
ni lan
Clerical
Part B (July 27- 1
Continued
Prepare Draft Agreenent
2
3
1
2
Review w/City
1
Review w/City Attorney
2
Refine Draft Agreement
1
2
1
Prepare for 2nd DEP Meeting
2
1
1
SKVId DEP Negot. Meeting
2
Revise Draft Agreement
1
2
1
1
Review w/City
i
Review w/City Attorney
1
Refine Draft Agreement
1
1
1
Present to City Council
2
Prepare for 3rd DBP Meeting
2
1
1
Third DEP Negot. Meeting
2
Revise Draft Agreement
1
2
1
1
Review w/ City
1
Review w/ City Attorney
1
Refire Final Agreement
1
1
1
Present to City Council
2
1
Review Final Agreement w/DEP
1
Finalize Agreement
1
1
1
1
Present to City C it
2
1
Monthly Progress Meetings
3
Miac. Tasks (Contingenw )
8
5
1
subtotal Days
44
21
4
13
Dollars $33,430
$9240
$960
$2600
Total Labor Expense $41,990
$8400 $11440
$960
$2800
Direct Exfenses $
600
Total Current Coat Estimate: $66,190
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MK 3 Developing the Project Schedule
DoSCription
An initial Project Schadule was developed with information obtained froo
the research conducted p similar consent decrees.
The Preliminary Project Schedule (Sure 3, 1986) will be modified and
refined to depict the Mases and work Segments of the total Secorclary
Treatment project. Tasks in Nis segment will consist of:
A. Identifying Major Mazes of the Project.
B. Linking the Mases togettner in a logical sequence.
C. Estimating Floe durations and start times of the Phases and
documenting assumptions used to arrive at start and finish dates.
O. Producing graphics of the PERT network and the Gantt Quart.
E. Revising the schedule to accomodate changes imposea by DEP-EPA.
This activity will to concurrent with negotiating the consent agreement:
August 1986 through November -December 1986 (anticipated).
The final plan will serve as a ardel or source of dates for the
caipliance schedule lin a consent decree) to be negotiated with the DEP
and EPA.
The task breakdown and cast estimates for this work sequent are listed
below:
Task Cesaription labor (Days)
Project Project Tech -
principal Manager Engineer nlclan Clerical
Part A (May 12 -July 27)
Research info from other
regions 1 3 4
Prepare June 3rd Schedule 2 3 2 2
Refine Project Schedule 1 1 2
Review Meetings w/City 2
Revise Schedule 1 1 1
Review Meeting w/ Brunswick 1 1 1 -
Subtotal Days 6 8 10 S 0
Dollars $4560 $4480 $4000 $1200 0
Part B (July 27- I _
Research New Actions 1 3
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Task Description
Iator (Days)
Project
Project
Principal
Manager Man ger
Engineer
nician
Clerical
Part B (July 27- )
(Continued)
Revise Schedule for Negut.
1
2
3
subtotal Days
2
0
5
3
0
Dollars
$1520
$2200
$720
C
Total tabor Ekpense
$6080
$4480
$6200 $1920
0
Direct Eanpenses
$ 800
Total Carent Cost Estimate: $19,480
TASK 4 Review and Evaluation of Existing Sewers
De' ription
The condition, capacity ani operation of Pastures sewer system are
seen
to to critical factors which may influence the size and cost of the
secondary treatment plant. Infiltration, foam a cursory analysis
appears to be excessive resulting i"oversized" secondary facility.
sections of the system are very old and in need of replacement or
repair. The volume, frequency, and characteristics of combined sewer
overflrws (frau 22 point scurces) are all unknown. Potentially, CIO
discharges may be regulated. In addition, there probably are many ways
which the collection system can be modified which would lower total costs
and mitigate long-term environmental impacts originating £iom combined
sewer overflows.
More information is needed waich characterizes the cormition and
functioning of the Collacto[-Interceptor-Treatment system. During
Part 1, eaodard S Curran would begin the review and evaluation of the
sewer system and develop a semi -quantitive understanding and definition
of problem areas, system interrelationships, and general cost and
benefits for different alternatives.
Part 1 work activities (through cripletion of the Consent Decree) would
focus on defining the clatacteristics end components of the entire
system: the existing facilities; infiltration, inflow, and the CSO
issues. This assescrent would provide a basis for Part 2 work (after
consent decree) whicb would definitively quantify the magnitude of the
infiltration problems and identify the most cost-effective remedial
alternatives. Part 3 activities would, if requirea, address
inflow problems and urban hydrology and Part 4 would involve developing a
Master Plan for sewers and Drainage for the City of Bangor.
Proposed Tasks for Part 1 are the following
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1. Review of Oats: Feview MEE reports, City sewer Maps, Pun Station aeH
uW flow records, and water District p ing data; Field surveys of
facilities: tour and obeerve all CSO points.
2. Infiltration Perform rough, or visual gauging of night flows in
selected parts of the sawer system; determine problem areas requiring
further detailed assessment during Part 2.
3. Inflow: Perform visual checks of wet weather inpacts on interceptors,
. p stations and the I ; perform initial urban hydrology review:
check drainage, detention, storage, separation. Ceteanx ne problem
areas and areas with potential for inflow reduction. Perform rough,
semi -quantitative gauging of wet weather flus. Research detention
and storage alternatives.
4. combined Sewer Q flows (C5o's(: Perform visual checks of was arc]
dry weather overflows from selected points; confirm that continuous
discharges do not exist; perform rough gauging to identify high
overflow area; collect grab samples of CSO's deemed to be problematic
(City to analyze for BS; and x ); Review interceptor design and CM
designs - begin to formulate a system uodel.
5. Prepare a report to the City of Bangor that details findings of Part 1
'and outlines a detailed assessment program for the cost effectiveness
of I/I separation versus secondary treatment for documentation for
consent decree negotiations.
Part 2, 3 6 4 task - will be determined frau the Phase 1 results and from
the result of the consent agreement.
the task breakdown and] cost estimates for this work segment are listed
below:
Task Description
labor (Days)
Project
Project Tech -
Principal
Manager
Engineer nrcran Clerical
Part A (May 12 -duly 27)
Review I/I aN other
reports
1
3
1
Tour selected CWIS &
Problem areas
2
Develop Map of Major
brook Sewers
2
2 1
Obtain Analyse 85 E 86
flows
1
3
1
Estimate I/I
1
2
1
Estimate Replacement Costs
1
86-368
AGREEMENT BETWEEN
CITY OF BANGOR
AND
WOODARD 6 CURRAN INC.
CONSULTING ENGINEERING SERVICES
THIS AGREEMENT is made this 'day of , 1986, by and between
the CITY OF BANGOR, a body politic and corporate, located in the
-
County of Penobscot, State of Maine (hereinafter "City"), and
WOOLARD 6 CURRAN INC., a Maine corporation and engineering
consulting firm, located in the City of Portland, County of
Cumberland, State of Maine, (hereinafter "Consultant"),
WHEREAS, the City requested proposals from consulting engineers to
act in an advisory capacity (RFP dated March 27, 1986); and,
WHEREAS, the Consultant responded to the RFP with its Proposal On
April 15, 19867 and
WHEREAS, the City selected Consultant through its Consultant
Selection Procedure:
NOW, in consideration of the promises set forth herein, the parties
hereby agree as follows:
1. SCOPE OF SERVICES
The Consultant agrees to provide the personnel, materials, supplies,
equipment and labor necessary to undertake and complete the projects
and portions of projects assigned to it by the City.
Tasks Originally Proposed in the Scope of Services included:
1. Assist City with Financial Capability analysis.
2. Act as liaison between City and EPA/DEP..
(Negotiating reduced effluent limits.)
3. Advise the City as to possible legal recourse in lieu of
compliance.
4. Evaluate initial proposal to be received by the City.
5. Participate with City in negotiations with potential
suppliers.
6. Assist City in evaluating future proposals for design,
construction, and operation.
7. Conduct periodic reviews of final design.