HomeMy WebLinkAbout1979-12-10 35 AH ORDER�. 35 AH
Introduced by Councilor srcontas, December lo, 1979
CITY OF BANGOR
(TITLE.) OrUr, Authorizing ,City Manager to,£nter into Attached Agreement
with Edidvd.C. Jordan. Co., Inc. - Final Design of Secondary Sewage
i
By CU City Couxag of City ofBanor:
ORDERED,
THAT the City Manager be and hereby is authorized to enter into
the attached Agreement with Edward C. Jordan Co., Inc. for profes-
sional services attendant to the final design of the Upgrading and
Expansion of the Bangor Wastewater. Treatment Plant to provide
secondary sewage treatment as required by the Environmental Protec-
tion Agency, subject to the approval of said Agreement by the
State of Maine Department of Environmental Protection and the
United States Environmental Protection Agency, and be it further
ORDEREED, that the sum of Ninety-one Thousand Dollars
($91,000.00) be transferred from the Reserve for Future Construction -
Sewer Account to cover the City's share of said design cost.
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The total cost of the final design work and attendant services
as provided by the attached Agreement is $9101000.00. Of this
amount, the Federal share is 75% and the State share is 15%,
leaving 10%, or $91,000.00, as the Local Share.
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CI "WCLEHON R
35 AX
0 R p e R
IN CITY COUNCIL
" ecember I0, 1979
Motion to move thequestion passed
Title,
by the following yes and no votes.
- - -
Councilors voting yes: Baldaccir
Authorizing City MarngeY to Entex
Gass, McKernan, Porter, 6Wcy,
'""""""""""""""""""'"r"'
Weymouth, Good and 2endzian.
dnCO Attached Agreement wSWithedwaxd
Councilor voting m: 8xountas.
................... 6..
Notion for passage Passed by the
C.,Jordan Co., Inc. - Final Design Of
following yesna no votes.
Secondary Sewage Treatment Facilities.
Councilors voting yes: Baldacr
d filed
o�
Brountas, Gass, McKernan, Porter,
Soucy, Weymouth age Word.
u
Councilor voting M: 2endrien.
Councilman
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CI "WCLEHON R
35 AH
EDWARD C. JORDAN CO., INC.
STANDARD) FORD OF AGREEMENT BETWEEN
CITY AND ENGINEER -
For,
PROlI55IONAL SERVICES
THE AGREEMENT
This CITY -ENGINEER AGREEMENT made this of in the year
Nineteen Hundred and Seventy -vine by and between the City of Bangor, Maine
hereinafter called the CITY, and Edward C. Jordan Co., Inc. of Portland,
Maine, hereinafter called the ENGINEER.
WHEREAS the CITY intends to engage the. ENGINEER to perform certain profes-
sioual services for a Projectknownas Upgrading and Eayansiop of the Waste-
water Treatment Plant hereinafter called the Project, as described in Attach-
ment A, Work Program.
NOW, THEREFORE, the CITY and ENGINEER fon considerations hereinafter set forth
do hereby agree as follows:
ARTICLE 1
SCOPE OF SERVICES
The ENGINEER shall provide professi.nal s s for the project a outlined
n Attachment A, Work Program - Step II Design s
i accordance with the Lerma
and conditions of this'Agreement. In addition, the CTT'Y may elect to retain
the ENGINEER for the services outlined in Attachment B. Work Program Step III
Construction for that phaseof the work.
ARTICLE 2
CHANGES IN THE WORK
The CITY and the ENGINEER may make additions to the scope of work by mutual
written agreement only. The CITY may omit work previously ordered by written
instructions to the ENGINEER. The Provisions of this Agreement, with appro-
priate changes in the ENGINEER'S Compensation and Project Schedule, shall
apply toalladditions and omissions. Such written agreements or instructions
shall be signed by the City Engineer and countersigned by either the City
Purchasing Agent or the City Manager. The City Engineer is designated the
authorized representative of the City for this purpose or day other matters
which might require the consent or authorization of the City.
CONTRACT No. 10829-00 -2-
ARTICLE 3
RESPONSIBILITIES OF THE CITY -
The CITY will:
3.1 Provide all criteria and full information as to his requifements for the
Project.
3.2 Provide the ENGINEER with topographical surveys of the treatment plant
site and soil borings and teat pits in accordance with the ENGINEER'S
recommended exploration program.
3.3 Upon identification by the ENGINEER and approval by the CITY of the
necessity and scope of information required, furnish the ENGINEER with
data, reports, surveys, and other materials and information required far
this Project; except those included in the ENGINEER'S scope of services.
3.4 Acquire all land and rights-of-way as required for this Project.
3.5 Guarantee access
ER
to the property and make all provisions for the ENGINE
to enter upon Public and private lands a required for the ENGINEER to
perform his services under this Agreement -
3.6 Examine all studies, reports, sketches, opinions of the construction,
oats, specifications, drawings, proposals and other documents presented
by the ENGINEER to the CITY, and promptly render in
writing the decisions
w
pertaining thereto within a eek, or, if longer time is needed, within a
period mutually agreed upon.
3.7 Furnish to the ENGINEER, prior to eiecution of this Agreement, a copy of
any design and construction standards the CITY shall require the ENGINEER
to follow in performing his services under this Agreement.
3.8 Give prompt written notice to the ENGINEER whenever the CITY observes or
otherwise becomes aware of a" defect is the Project:
ARTICLE 4
PROJECT SCHEDULE
Me ENGINEER is prepared to begin work within > calendar days of authorization
to proceed. An engineering schedule is attached as Attachment C.
ARTICLE 5
KEY PERSONNEL -
The personnel specified belowr considered to beessential to the work being
Performed on this Project. TheENGINEER agrees to maintain the involvement of
these key Personnel in theirrespective roles throughout the duration of the
Project. Should it become necessary, at any time, to make any substitution to
this list, the ENGINEER will discuss the reason for the substitution with the
CONTRACT No. 10829-00 -3-
CITY and shall provide the CITY with qualification materials for proposed
substitutions. Me CITY shall have the right to reject any proposed substi-
tution. -
Key Personnel
Principal -in -Charge Donald R. Cote
Project Manager Paul B. Kilian
Wastewater Department Manager A. Peter Krauss
Project Engineer - Ralph E. Colton
A Project staffing diagram is included as Attachment D.
ARTICLE 6
COMPENSATION
For the services aoutlined in Attachment A, Work program Step II Design, the
ENGINEER shall becompensated in the Imp s o
eamount of $910,000. Compensa-
tion for s outlined in Attachment H would be generally based upon the
ENCINEER'Sstandard hourly rates i effect at that time. Current standard
hourly rates are included for reference as Attachment F. At such time a
these services
are required, the ENGINEER will prepare his estimates in accord-
ance with CITY,State, and Federal requirements.
ARTICLE 1
... PAYMENT
Payment for services rendered by the ENGINEER shall be in accordance with the
following:
6.1 Invoices will be submitted by the ENGINEER every four (4) weeks and will
indicate the percentage of work completed during the period in accordance
with Schedule'A of Attachment A.
6.2 The CITY agrees to review the ENGINEER's invoices within thirty (30) days
and promptly render in writing any questionsorregarding same.
6.3 The ENGINEER will promptly respond to the CIn's questions and upon
aching satisfactory resolution, the CITY agrees to make payment within
fifteen (15) days.
6.4 The CITY shall make payment to the ENGINEER of any undisputed invoices
within sixty (60) days of their receipt.
6.5 The CITY shall not be required to reimburse the ENGINEER for invoices i
excess of 90 percent of the ENGINEER'S total compensation until the plans
and specifications have been approved by the State of Maine, Department
of Environmental Protection and the U.S. Environmental Protection Agency.
Should the CITY not make payments to the ENGINEER in accordance with
-
paragraphs 6.2, 6.3, and 6.4, the CITY shall add interest to all amounts
outstanding over 120 days at the rate of 1-1/2 percent per month.
CONTRACT No. 10829-00 -p-
6.6 If the CITY does not make .regular payments to the ENGINEER, the ENGINEER
may suspend hisservices
n the basis Of v v -performance on the par of.
the CITY. when such progress payments ate restored, the ENGINEER will
continue his services.
ARTICLE 8
LIABILITY INSURANCE _
The ENGINEER shall, during the performance of the Agreement, keep in force the
following insurance:
Workmen's Compensation Insurance, including Employer's Liability Insur-
e for its employees; Comprehensive general Liability Insurance, in-
cluding Contractor's Protective and completed Operations, covering bodily
injuries with limits of $100,000 one person and $300,000 one accident,
and property damage with limits of $50,000 per accident; Comprehensive
Automobile Liability Insurance, including operation of owned, non -owned
and hired automobiles, covering bodily injury with limits of $100,000 one
person and $300,000 one accident; and property damage with limits of
$50,000 per accident; Professional Liability Insurance with limits Of
.$1,000,000.
ARTICLE 9
GENERAL CONSIOEMTIONS
8.1 The ENGINEER will prepare his drawings, specifications and/or reports in
a timely manner, but it is agreed between the parties to this Agreement
that the ENGINEER cannot be responsible for delays occasioned by factors
beyond his control, e
nor by factors which could not reasonably have been
foreseen at the tme this Agreement was prepared and executed.
8.2 The ENGINEER shall prepare studies, designs, estimates and reports i
accordance with generally accepted engineering, planning and architec-
tural practices, and makes no other warranty, either express or implied,
s part of this Agreement.
8.3 Me ENGINEER shall not disclose, or permit disclosure of any information
designated by the CITY as confidential, except to its employees and other
consultants who need such information in order to properly execute the
services of this Agreement.
8.6 Where applicable, statements concerning probable construction cost and
detailed cost estimates prepared cby the ENGINEER represent his judgment
as a Professional familiar with the construction industry. It is recog-
nized, however, that neither the ENGINEER nor the CITY has any control
ever the cost of labor, materials or equipment, over the contractors'
methods of determining bid prices, competitive bidding or market
conditions. Accordingly, the ENGINEER cannot and does not guarantee that
bids will not vary from any statement of probable construction cost or
other cost estimate prepared by him.
CONTRACT NO. 10829-00 -5-
ARTICLE 10 -
TEBMINATION OF AGREEMENT
Bath parties to this Agreement shall be bound by the termination provisions of
Appendix C-1, Required Provisions, Consulting Engineering Agreements, attached
hereto as Attachment D.
ARTICLE 11
DELEGATION OF DUTIES _
Neither the CITY nor the ENGINEER shall delegate his duties to this Agreement
without the written consent of the other party.
ARTICEE 12
EXTENT OF AGREEMENT
This Agreement represents the entire and integrated agreement between the CITY
and the ENGINEER and supersedes all prior negotiations, representations or
agreements, either written or oral, for this Project
This agreement is subject to the approval of the O.S. Environmental Protection
Agency. Such approval shall be evidenced by their approval of the Step II
Grant Application. Should such approval be denied this agreement shall be
mull and void with no costs accruing to either party-.
ARTICLE 13
GOVERNING LAW
The terms of this Agreement shall be construed and interpreted under, and all
respective rights and duties of the parties shall be governed by, the laws of
the State of Maine.
CON TMCT NO. 10829-00 -6-
IN WITNESS NHEREOF the parties hereto have made and executed this Agveemeot as
of the day and year first written have.
CM. I- ENGINEER:
BY: io]
W. Fly=
BY: Donald A. Spence
TITLE: City
Manager
- .TITLE: Vice President
(PLEASE INDICATE DAM ON PAGE
ONE) DATE:
ATTACHMENT A
-, WOM MODEM -
STEP I1 DESIGN
ATTACHMENT B
- WORK PROGRAM -
STEP III CONSTRUCTION
ATTACHMENT C
- ENGINEERING SCIEDUI3
ATTACHMENT D
- APPENDIX C-1 -
EPA REQUIRED PROVISIONS
ATTACRMENT E - PRO]ECT STAFFING DIAGNJI
ATTACHMENT F - STANDARD HOURLY FATES
I
CONTRACT NO. 10829-00 -7-
AT'fACW6NT A
WORK PROGRAM
STEP II DESIGN
The work to be performed under this contract shall be in compliance with the
rules and regulations of the U.S. Environmental Protection Agency (40 CFR,
Part 35) as promulgated in Federal Register Volume 43, No. 188 September 27,
1978.
I. INITIAL PHASE
A. Review 201 Facilities Plan and evaluate various alternatives. The al-
ternatives to be evaluated will include-thefollowing:
1. Replace existing vacuum filters with horizontal belt filters.'
2. Anaerobic digestion and utilization of methane gas for energy can
servation.
3. Modify site layout to consolidate control and operational functions.
4. Utilization of the area bounded by the two tank faces to the north
sad south, Route 1A on the west and the railroad tracks to the east
for a sludge compost site.
5. Rotating Biological Contactors (RBC's) instead of aeration basins..
6. Modification or replacement of various high anergy and/or high
maintenance items within the existing primarytreatment facility
uch as thewa cuum pumps, the bar Screens, the grit pumps and the
Stun system.-
2, Quantity of septage presently being handled at the treatment plant
andthequantity to be expected in the future, and, if quantities
warrant the direct dewatering of septage with pretreatment by.
screening sad lime or acid addition for phase separation. The
sizing of any septage facilities required.
8. Covering of the primary settling tanks.
9. The Deep Shaft process of biological treatment.
The aforementioned alternatives will be developed utilizing maximum input
from CITY representatives. Each alternative will be presented to the
CITY with the it advantages, disadvantages, capital costa, annual U&N
oats and the additional engineering costs if the alternative were imple-
mented.
CONTRACT NO, 10829-00 -8,
B. Provide information for the CITY to perform all required survey work and
ails explorations. The anticipated soils exploration program includes
50 borings and 6 days of backhoe test pitting. _
C. Review necessary licenses and permits required and rile applications as
appropriate.
D. Attend reviev meetings with CITY, state and federal representatives as
required tofinalize project criteria.
SI. DETAILED DESIGN PHASE
A. Thescope of the Project upon which the ENGINEER has 'based his estimated
fees is generally defined in the 201 Facilities Plan, Alternative 1 Waste-
water Treatment Facilities and Alternative 8 Sludge Treatment and Dia-
. posal System dated November 19]] and includes, but is not necessarily
limited to, the following major components:
1. Addition of fifth pump to influent pump station
12,000 gpm 150 hp
2. Fourth primary settling tank and sludge pump -
180 it x 21 it x 9.5 SND
3: Four activated sludge aeration tanks with diffused air
82 it x 54 it x 20 it SND ea.
3 blowers @ 6,700 rim b 300 hp ea.
4. Four secondary settling tanks -
85 it x 12 it SWD
5. Two chlorine contact tanks
140 it x 20 it u 10 SND ea.
Chlorine equipment modification
6. Two flotation thickening tanks for waste activated sludge
40 it x 13 it x ll SND ea.
]. Two sludge holding tanks
38 it did. x 15 it SND ea.
8' Renovations and expandian Of existing operations building
9. Secondary process control building
]o. One covered septage holding tank
15,000 gallon capacity w/transfer
pumps and appurtenances
CONTRACT NO. 10829-00 -9-
U. Emergency generator
12. Camposting facilities at the plant site for 385 yd3/week
@20% solids
guy significant changes to the above my 6e cause to renegotiate the -
ERGINEER's compensation.
A fThe ENOINEER'g services in this Phase shall include the following:
1. Prepare detailed design criteria.
2. Prepare process flow diagram.
3. Prepare site layout.
4. Prepareequipment list. -
5. Conductone value
the engineering analysis at the thirty percent com-
PletiOu
e Of
b. Prepare detailed contruction plans.
1. Prepare detailed specifications and contract documents..
8. Prepare detailed construction cast estimate.
9. Prepare detailed operating coat estimate.
10. Prepare final design report. -
11. Submit plans and specificatioaa to state and federal review agencies.
12. Attend meetings with CITY, and others as required to implement the
foregoing during the design phase.
C. Provide ten sets of Contract Documents. ,
11 1. EPA NON -DESIGN MUIRENBEPS
Preparation of the following items required by EPA during Step II and/or prior
to Step III submittal.
A. Review
mexisting intermicipal agreements and recommend changes to
bring them into compliance with EPA e0equirementsc
R. Review of the existing sewer useordinance a with recommendations for
changes to bring it into campliance with EPA requirements, if required.
CONTRACT NO. 10829-00 -10-
C. Industrial Cost Recovery System
D. Industrial Pretreatment Program
E. Review of the existing user charge system with recommendations to bring
it into compliance with EPA requirements, if required.
SCHEDULE A
ENGINEERING FEE BREAKDOWN
FEES
.WASTEWATER
COMPOSTING
DESCRIPTION
FACILITIES
FACILITIES
TOTALS
201 Facilities plan Review S'
Alternatives Evaluation
$ 51,600
$ 8,900
$ 60,500
Detailed Design Phase*
732,030
86,970
819,000
Other EPA Requirements
30,500
-
30,500
Totals
$814,330A
5,870
$91�Oo0
*Detailed Design Phase
Basic Engineering Services
$658,620
$ 74,380
$733,000
Soil Analysis Report
43,840
9,160
53,000
Ig
Value Engineering
29_570
3,430
33,000
Totals)3$
2,030
86,970
$819_000
777
COVIRACr NO. 10829-00 -yl-
APTACHHENT R
WORK PROGRAM
STEP III CONSTRUCTION
I. CONSTRUCTION PRASE -
A. Office EngioeerioR
1. Assistance isecuring construction bids, bid opening, tabulation
and analysis of bids, and advice regarding award of coutract A
copy of the bid analysis will be furnished to DEP and EPA.
a. It i understood that such assistance does not abrogate the
CITY'S absolute authority andresponsibility for the issuance
and contents .of the invitation for bids, bid receipt anopen-
ing, tabulation and aaalysSs of bids, resolution of any dis-
putes and the award of the contract.
2. Consultation and advice to the CITY during construction.
3. Checking detail construction, shop and erection drawings submitted
by the contractor.
4. Review and approval of manufacturer's operating and maintenance
manuals.
5. Preparation of supplementary drawings required to resolve actual
field conditions encountered.
6. Review of contractor claims for extra work and preparation of change
orders.
T. Review laboratory, shop and mill test reports of materials and.
'equipment.
S. a. Prepare system start-up manual.
b. Prepare operation and maintenance manual.
C. Preparation and drafting of record drawings.
9. Coordinate survey activities for and assist CITY in obtaining lands
and easements.
10. Coordination and response to federal, state and local agencies.
11. Coordination between office and field Scalia.
CONTR a NO. 10629-00 -12-
12. Job meetings.
B. Field Engineering
1. Coordinate survey control activities.
2. Perform observation of work in progress by full-time field
repre-
sentatives.
3. Preparation of daily reports and quantities.
4. Coordinate and allocate a,esignments of field -representatives.
5. Tabulate and review
w field representative's daily reports for accur-
acy in quantities and locations•.
6. Perform required materials quality control testing and monitoring.
1. Review of contractors' methods and techniques for compliance with
contract documents.
S. Resolution of construction problems.
9. Resolution of disputes in quantities and payment methods.
10. Review and approve requests for wenthly and final payments to con-
tractors.
ll.. Resolution of complaints from residents and normal response to
questions.
12. Reviewcontractors schedule and Coordinate activities with other
contctors. -
13. Perform system teats.
14. Prepare puncti list and perform final inspection of project.
15. Prepare and issue certificates of completion to CITY on completed
construction contracts. -
16. Provide data for record drawing preparation.
17. Provide final inspection after warranty period.
C. Start-up Services-
I. Provide operator traing and 'supervrgon of initial start-up and
operation for a six mouth period.
BANGOR TREATMENT PLANT
UPGRADING AND EXPANSION
ENGINEERING SCHEDULE
M O N T H S
ACTIVITY
1
2
3
4
5
6
T
8
9
10
II
12
13
14
15
H T AL PHASE
CONTRACT SIGNING
STEP B GRANT APPLICATION
DEP B EPA APPLICATION REVIEW
221
201 FACILITIES PLAN REVIEWANO
ALTERNATIVE EVALUATION
TORO A PROPERTY SURVEY$
SOIL BORINGS 9 ANALYSIS
REVIEW MEETING
DESIGN PHASE
PROCESS DESIGN
UNIT SUING
PROCESS FLOW DIAGRAMS
SITE LAYOUT
EQUIPMENT SELECTION
VALUE ENGINEERING
REVIEW MEETING
.L
.P
CIVIL SITE DESIGN
_
PIPING B EQUIPMENTDESIGN
STRUCTURAL DESIGN
ARCHITECTURAL DESIGN
HVAC DESIGN
ELECTRICAL DESIGN
SPECIFICATIONS'
FINAL COST ESTIMATE
REVIEW MEETING
DEP B EPA REVIEW
ATTACHMENT C
Edward C. Jordan Co.. Inc.
ATTACHMENT E -
PROJECT STAFFING DIAGRAM
CITY OF BANCCP I
PROJECT M CER PRINCIRAPIN-CHARGE
PAUL KILIAN - OONALO COTE
PETER KRAUSS, MANAGER
RALPH COUPON, PROJECT ENGINEER
SOILS 6
GEOTECHNICAL ENGINEERING i-'
�� E=RICAL RRGINEERING
ATTAC11MENT F
EDWARD C. JORDAN CO., INC.
CHARGE RATE RANGES FOR SERVICES
Principal.................................................$50.00/hr
Project Manager/Project Engineer.....:....................$29.00
to
$50.00/hr
Senior Engineers..........................................$22.00
to
$37.00/hr
Engineers/Specification Writers/Estimators ................$16.00
t0
$33.00/hr
Designers.................................................$1g.
00
to
$28.00/hr
Senior Technician/Senior Drafter...........................$13.00
to
$27.000/hr
Techniciao/Dia£ter........................................$
8.00
to
$16.00/hr
Field Engineers and Assistants............................$13.00
to
$38.00/hr
Senior Planters/Economist.......... .......................$22.00
to
$32.00/hr
Planners ..........:.......................................$14.00
to
$22.00/hr
Landscape Architects......................................$14.00
to
$27.00/hr
Clerical ..................................................$
8.00
to
$16.00/hr
Computer Services (IBM System 34)..........................$75.00/hr
Vehicle Charge and Mileage ..................... ...........
$15.00/day-+
.18/mi.
Direct Expense for Transportation and Subsistence;
Printing and Reproduction; Telephone and Identifiable
Supplies..................................................
At Cost
Subcontracts (Borings, Consultants, etc.) .................
At Cost
+
15%
Effective: October 9, 1978
-
Subject to Revision
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