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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 -1- 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. -2- 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 N cow ilman IT C� r� N i 1p 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 3 - 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). - 4 - 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. - 5 - 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. -1- 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. -2- 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 -3- 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 -4- 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 -5- 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 -6- 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.