HomeMy WebLinkAbout1993-091 Contract - Brown & Caldwell October 27, 1993
Nan Franklin, City Recorder
Steven Hall, Public Works Director .J~, ~%~ -.'~x
Odor Control Project Contract
Attached is the original s~gned contract for the odor control project at the Ashland wastewater trealment plant with
Brown and Caldwell Consulting Engineers. This is not a budgeted project, but has been approved by the City
Council.
Brian Almquist, City Administrator
Paul Nolte, City Attorney
Jill Turner, Finance Director
Dennis Barnts, Water Quality Superintendent
Dick Marshall, WWTP Supervisor
encl: Contract (original to Nan)
ENGINEERING SERVICES CONTRACT
Engineering services contract made on the date specified below in
Recital A between the City and Engineer as follows:
Recitals:
A. The following information applies to this contract:
CITY: CITY OF ASHLAND ENGINEER: Brown and Caldwell,
City Hall Consultants
20 E. Main St. 1025 Willamette Street, Suite 300
Ashland, Oregon 97520 Eugene, Oregon 97401-3199
Telephone: (503) 482-3211 Telephone: (503) 686-9915
FAX: (503) 488-5311 FAX: (503) 686-1417
Date of this agreement: October 5, 1993
¶2.3. Contracting officer: City Director of Public Works
¶2.4. Project: Odor Control Facilities Design, Ashland WWTP
¶6.1 Engineer's representative: John Holroyd, Proj. Manager
¶8.3. Maximum contract amount: $86,300.00
City and Engineer agree as follows:
1. Relationship between City and Enqineer: Engineer accepts the
relationship of trust and confidence established between Engineer
and city by this contract. Engineer covenants with the City to
perform services and duties in conformance to and consistent with
the standards generally recognized as being employed by
professionals of engineer caliber in the locality of the project.
Engineer further covenants to cooperate with City, City's
representatives, contractors, and other interested parties in
furthering the interests of City with respect to the project. In
order to promote successful completion of the project in an
expeditious and economical manner, Engineer shall provide
professional engineering services for City in all phases of the
project to which this contract applies, serve as city's
professional engineering representative for the project, and give
professional engineering consultation and advice during the term
of this contract. Engineer acknowledges that city is relying on
Engineer to provide professional engineering services in a manner
that is consistent with the interests of City.
2. Definitions: Generally words, terms and phrases used in this
contract shall have the meaning ascribed to them in the
construction industry, unless the context clearly indicates
otherwise. As used in this contract:
2.1. "Contract documents" shall mean this contract, written
authorizations under subsection 5.4, written assignments under
subsection 5.2, written amendments to this contract, schedules
PAGE i-ENGINEERING SERVICES AGREEMENT
established under subsection 5.4 and exhibits incorporated in
other contract documents.
2.2. "City" means the City of Ashland, Oregon.
2.3. "Contracting officer" means the person specified in
Recital A above or that person's designee.
2.4. "Project" means the project described in Recital A.
2.5. "Work" or "Services" shall mean all labor, materials,
plans, specifications, construction contract documents, opinions,
reports, and other engineering services and products which
Engineer is required to provide under this contract.
3. Term: The term of this contract shall commence on the date
specified in Recital A above and end on completion of all
services required by this contract unless sooner terminated as
provided in this contract.
4. Authority of contractinq Officer: The contracting officer
shall have the authority to act on behalf of city in the
administration and interpretation of this contract. Subject to
the limitations on authorization of assignments under subsection
5.2, the contracting officer shall have complete authority to
authorize services, transmit instructions, receive information,
interpret and define City's policies and make other decisions
with respect to Engineer's services.
5. Enqineerinq Services:
5.1. Engineer shall provide services to city that are
described in Exhibit 1 which is attached to and incorporated in
this contract.
5.2. In addition to the services described in Exhibit 1,
the parties may agree to have Engineer provide other discrete
services that are necessary for completion of the project. Such
services will be initiated by written assignments as follows:
5.2.1. Assignments under this subsection should
be used only for services that are beyond the scope of
the services described in Exhibit 1. No assignment is
necessary to authorize services that are customarily
provided in conjunction with, or are ancillary to, the
services described in Exhibit 1.
5.2.2. Assignments which cover services that will
cost less than $15,000 may be initiated by the
contracting officer. Assignments that cover services
which will cost more than $15,000 must be approved by
the city Administrator.
PAGE 2-ENGINEERING SERVICES AGREEMENT
5.2.3. Each assignment shall specify the duties
of Engineer, the objective of the assignment, the scope
of the assignment and the estimated cost of the
services.
5.2.4. Each assignment shall be signed by both
parties.
5.2.5. Each assignment shall incorporate and be
subject to the provisions of the contract documents
unless the assignment specifically provides otherwise.
5.3. In connection with the services described in Exhibit
and services authorized by assignments under subsection 5.2,
Engineer shall:
5.3.1. Consult appropriate representatives of
City to clarify and define City's requirements relative
to the services.
5.3.2. Review available data relative to the
services.
5.3.3. Identify data which is not available and
is needed to fulfill the services, and act as City's
representative in obtaining such data.
5.3.4. Prepare monthly progress reports to the
contracting officer on the status of services.
5.3.5. Cooperate with other consultants retained
by City in the exchange of information needed for
completion of the services and the project.
5.4. The services described in Exhibit 1 are divided into
discrete work elements. Engineer shall commence performance of
services within five days after receiving written authorization
from the contracting officer for work elements described in
Exhibit 1 or assignments made under subsection 5.2. Engineer
shall perform the services as expeditiously as is consistent with
professional skill and care and the orderly progress of the
project. Upon request of city, Engineer shall submit for City's
approval, a schedule for the performance of work elements
described in Exhibit 1 and assignments made under subsection 5.2.
Each schedule shall include allowance for periods of time
required for City's review and approval of Engineer's services.
Each schedule, approved by City, shall become a part of this
contract.
5.5. Engineer shall perform the services as an independent
contractor in accordance with generally accepted standards in
Engineer's profession. Engineer shall be responsible for the
professional quality, technical accuracy and the coordination of
all services performed by Engineer. Engineer shall, without
PAGE 3-ENGINEERING SERVICES AGREEMENT
additional compensation, correct or revise any error or
deficiencies in the services that are caused by Engineer's
negligence. City's review, approval, acceptance of, or payment
for, any of the services shall not be construed to waive any of
City's rights under this contract or of any cause of action
arising out of Engineer's services. In the event of any breach
of this contract by Engineer or negligent performance of any of
the services, City's cause of action against Engineer shall not
be deemed to accrue until City discovers such breach or
negligence, or should have, with reasonable diligence, discovered
such breach or negligence. The preceding sentence shall not be
construed, however, to allow City to prosecute an action against
Engineer beyond the maximum time limitation provided by Oregon
law.
6. Assignment of Enqineer's Personnel:
6.1. The services covered by this contract shall be
rendered by, or under the supervision of the person specified in
Recital A above, who shall act as Engineer's representative in
all communications and transactions with City.
6.2. Engineer will endeavor to honor reasonable specific
requests of City with regard to assignment of Engineer's
employees to perform services if the requests are consistent with
sound business and professional practices.
7. Responsibilities of city:
7.1. City will cooperate fully with Engineer to achieve the
objectives of this contract.
7.2. City will provide information, documents, materials
and services that are within the possession or control of City
and are required by Engineer for performance of the services.
7.3. city will arrange for access to, and make all
provisions for Engineer to enter upon, public and private
property as required for Engineer to perform the services.
7.4. City will provide all permits necessary for completion
of the project.
7.5. The contracting officer will act as liaison between
City, Engineer, public agencies, and others involved in the
project.
7.6. city shall perform such other functions as are
required by written assignments under subsection 5.2.
7.7. Owner shall use its best efforts to assure that the
construction contract requires that the Contractor indemnify
Engineer and Construction Manager as well as City, and that the
PAGE 4-ENGINEERING SERVICES AGREEMENT
Contractor name Engineer and Construction Manager as additional
insureds on Contractor's insurance policies covering Project.
8. Payment:
8.1. City shall pay Engineer for services and reimburse
Engineer for expenses incurred by Engineer in performance of
services in accordance with a payment schedule to be submitted by
Engineer and accepted by City. No reimbursement will be made for
expenses that are not specifically itemized in this payment
schedule without prior approval by the contracting officer.
8.2. Engineer shall submit monthly invoices to City for
Engineer's services within ten days after the end of the month
covered by the invoice. City shall pay Engineer within thirty
days after receipt and approval of the invoice.
8.3. Total payments under this contract or any amendments
shall not exceed the sum specified in Recital A above.
9. Compliance with Law:
9.1. This contract will be governed by and construed in
accordance with laws of the State of Oregon. Engineer shall
promptly observe and comply with all present and future laws,
orders, regulations, rules and ordinances of federal, state, City
and city governments with respect to the services including, but
not limited to, provisions of ORS 279.312, 279.314, 279.316 and
279.320.
9.2. Pursuant to ORS 279.316(2) any person employed by
Engineer who performs work under this contract shall be paid at
least time and a half pay for all overtime in excess of 40 hours
in any one week, except for persons who are excluded or exempt
from overtime pay under ORS 653.010 to 653.261 or under 29 U.S.C.
Sections 201 to 209.
9.3. Engineer is a "subject employer" as defined in ORS
656.005 and shall comply with ORS 656.017. Prior to commencing
any work, Engineer shall certify to city that Engineer has
workers' compensation coverage required by ORS Chapter 656. If
Engineer is a carrier insured employer, Engineer shall provide
City with a certificate of insurance. If Engineer is a self-
insured employer, Engineer shall provide City with a
certification from the Oregon Department of Insurance and Finance
as evidence of Engineer's status.
10. Ownership of Documents: Ail documents prepared by Engineer
pursuant to this contract shall be the property of City. To the
extent permitted by law, city shall, within the limits of the
Oregon Tort Claims Act, defend, indemnify and hold harmless
Engineer, its consultants, agents and employees against all
damages, claims, expenses and losses arising out of any reuse of
PAGE 5-ENGINEERING SERVICES AGREEMENT
plans, specifications and other documents prepared by Engineer
without prior written authorization of Engineer.
11. Records:
11.1. Engineer shall develop and maintain complete books of
account and other records on the services which are adequate for
evaluating Engineer's performance. Engineer shall maintain
records in such a manner as to provide a clear distinction
between the expenditures and revenues related to the project and
the expenditures and revenues related to Engineer's other
business.
11.2. Engineer's books and records shall be made available
for inspection by City at reasonable times, to verify Engineer's
compliance with this contract. City shall have the right to
request an audit of Engineer's books and records by a certified
public accountant retained by City.
12. Indemnification: Engineer shall defend, indemnify and save
City, its officers, agents, and employees harmless from any and
all claims, actions, costs, judgments, damages or other expenses
resulting from injury to any person (including injury resulting
in death,) or damage to property (including loss or destruction),
of whatsoever nature, to the extent arising out of the negligent
performance of this contract by Engineer (including but not
limited to, the negligent acts or omissions of Engineer's
employees, agents, and others designated by Engineer to perform
work or services attendant to this contract). Engineer shall not
be held responsible for any claims, actions, costs, judgments,
damages or other expenses, directly and proximately caused by
the negligence of City.
13. Insurance:
13.1. Engineer shall, at its own expense, at all times
during the term of this contract, maintain in force:
13.1.1. A comprehensive general liability policy
including coverage for contractual liability for
obligations assumed under this contract, blanket
contractual liability, products and completed
operations and owner's and contractor's protective
insurance;
13.1.2. A professional errors and omissions
liability policy; and
13.1.3. A comprehensive automobile liability
policy including owned and non-owned automobiles.
13.2. The coverage under each liability insurance policy
shall be equal to or greater than the limits for claims made
under the Oregon Tort Claims Act with minimum coverage of
PAGE 6-ENGINEERING SERVICES AGREEMENT
$500,000 per occurrence (combined single limit for bodily injury
and property damage claims) or $500,000 per occurrence for bodily
injury and $100,000 per occurrence for property damage.
Provided, however, that coverage for professional errors and
omissions liability may be for a minimum coverage of $100,000.
13.3. Liability coverage shall be provided on an
"occurrence" basis. "Claims made" coverage will not be
acceptable, except for the coverage required by subsection
13.1.2.
13.4. Certificates of insurance acceptable to the City
shall be filed with City prior to the commencement of any work by
Engineer. Each certificate shall state that coverage afforded
under the policy cannot be cancelled or reduced in coverage
cannot be made until at least 30 days prior written notice has
been given to City. A certificate which states merely that the
issuing company "will endeavor to mail" written notice is
unacceptable.
14. Default:
14.1. There shall be a default under this contract if
either party fails to perform any act or obligation required by
this contract within ten days after the other party gives written
notice specifying the nature of the breach with reasonable
particularity. If the breach specified in the notice is of such
a nature that it cannot be completely cured within the ten day
period, no default shall occur if the party receiving the notice
begins performance of the act or obligation within the ten day
period and thereafter proceeds with reasonable diligence and in
good faith to effect the remedy as soon as practicable.
14.2. Notwithstanding subsection 14.1, either party may
declare a default by written notice to the other party, without
allowing an opportunity to cure, if the other party repeatedly
breaches the terms of this contract.
14.3. If a default occurs, the party injured by the default
may elect to terminate this contract and pursue any equitable or
legal rights and remedies available under Oregon law. All
remedies shall be cumulative.
14.4. Any litigation arising out of this contract shall be
conducted in Circuit Court or District Court of the State of
Oregon for Jackson County.
15. Termination without Cause:
15.1. In addition to the right to terminate this contract
under subsection 14.3, City may terminate by giving Engineer
written notice sixty days prior to the termination date.
PAGE 7-ENGINEERING SERVICES AGREEMENT
15.2. If City terminates the contract under subsection
15.1, Engineer may complete such analyses and records as may be
necessary to place its files in order and, where considered
necessary to protect its professional reputation, to complete a
report on the services performed to date of termination.
15.3. If City terminates the contract under subsection
15.1, Engineer shall be paid for all fees earned and costs
incurred prior to the termination date. Engineer shall not be
entitled to be compensated for lost profits.
16. Notices: Any notice required to be given under this
contract or any notice required to be given by law shall be in
writing and may be given by personal delivery or by registered or
certified mail, or by any other manner prescribed by law.
16.1. Notices to City shall be addressed to the contracting
officer at the address provided for the city in Recital A above.
16.2. Notices to Engineer shall be addressed to the
engineer's representative at the address provided for the
Engineer in Recital A above.
17. Assiqnment: City and Engineer and the respective
successors, administrators, assigns and legal representatives of
each are bound by this contract to the other party and to the
partners, successors, administrators, assigns and legal
representatives of the other party. Engineer shall not assign or
subcontract Engineer's rights or obligations under this contract
without prior written consent of city. Except as stated in this
section, nothing in this contract shall be construed to give any
rights or benefits to anyone other than city and Engineer.
18. Modification: No modification of this contract shall be
valid unless in writing and signed by the parties.
ENGINEER
CITY
REVIEWED AS *O CONT
City Department Head
Date: ~{'~(= /~
Coding
(for City use only)
PAGE 8-ENGINEERING SERVICES AGREEMENT
BRO~ & CALD~'EU.
BC
Brown and Caktweil
Consultants
September 16, 1993
RECEIVED
001
EXHIBIT 1
Mr. Steve Hall
Public Works Director
City of Ashland
20 East Main Street
Ashland, Oregon 97520
13-9958-32
Subject: Proposal for Design of Odor Control Facilities
Dear Mr. Hall:
We are pleased to provide this proposal for the design of odor control facilities at
the Ashland Wastewater Treatment Plant (WWTP). Our letter dated August 17,
1993, discussed a number of odor control measures. We focused on the sludge
treatmept and disposal facilities as they apparentlv are a source of the most
offensive odors. In your letter of September 9, you requested a proposal to
design improvements to the aerobic digester and to specify a portable sludge
thickening system.
Since then, we have continued to refine the alternatives for odor control. We
propose for your consideration a modified project that will substantially reduce
odors by avoiding the use of a major source of odors-the aerobic digester. The
details of the proposed project are outlined after a brief discussion of your
existing sludge system.
Your facility generates sludge from two sources. Primary sludge settles out in the
primary sedimentation tank and is treated in the anaerobic digester. Anaerobic
digestion produces essentia,lly no odors and requires little external energy
input--in fact, it produces a useful methane gas byproduct which you use in the
boiler. Sludge is also produced in the secondary treatment process. Secondary
sludge is currently treated in the aerobic digester. The aerobic digester has been
a continual source of odors. While the aerators are in operation, it generates a
musty odor, At times, the aerators on the aerobic digester must be turned off to
allow the sludge to thicken. When the aerators are turned back on, foul odors are
produced.
1417 BRO~N & CALD~FLL
Mr, Stove Hall'
Septembor 16, 1993
Pago 2
The current anaerobic digoster is not large enough to accommodate both the
primary and secondary sludge volumes, However, if we were to thicken the
sludge in the anaerobic digester, the detention time in this unit could be increased
to handle both primary and secondary sludge.
The most obvious advantage of this approach is that the aerobic digester could be
taken out of service. It would be retained as an emergency backup to the
anaerobic digester equipment. In addition, it could be used for sludge storage if
land application sites are not available. Approximately ~20,000 per year will be
saved by turning off the digester's mechanical aerators.
Our August 17 letter suggested that a small trailer mounted sludge thickener be
purchased. We now recommend that this same unit be placed in an enclosure
adjacent to the digester. This arrangement will minimize piping and electrical
costs. The enclosure will be provided with air scrubbing to avoid the release of
any odors generated during the thickening process. Long term plans for the
treatment facility include sludge thickening. This unit could be incorporated into a
future sludge treatment facility. In the event that the plant is ultimately
abandoned, the unit could be easily salvaged and sold.
We plan to mount the thickener adjacent to the digester. The unit is
approximately 10 feet tall with a 2-foot by 3-foot footprint. The building
dimensions will be approximately 10 feet by 12 feet by 12 feet tall. As with the
recent circulation pump addition to the anaerobic digester, we plan to keep the
electrical and control modifications as simple as possible and use existing
electrical service panels where available. A liquld polymer system will be located
in the thickener building along with heating and ventilation equipment.
In summary, we recommend that the project be modified to delete improvements
to the aerobic digester. This will eliminate a source of odors and reduce energy
costs. We propose the addition of equipment to the anaerobic sludge treatment
system. The tota~ project cost is estimated to be ~200,000. Enclosed you will
find e proposed scope, schedule, and cost sections--Attachments A, B, and C.
Piease call after you have reviewed this information.
Mr. Steve Hall
September 16, 1993
Page 3
We are truly pleased to be a part of (his important project and look forward to
working again with your staff.
Very truly yours,
BROWN AND CALDWELL
Waker J. Meyer
Vice President
John Holroyd
Project Manager
JEH:SJC:]dc
Enclosure(s)
cc: Mr. Chuck Zickefoose, Brown and Caldwell
ATTACHMENT A
SCOPE OF WORK
Planned engineering services to be performed under This agreement comprise and
are limited to those specifically set forth in this attachment. The various tasks
and subtasks required for this project are described below.
Task 1 --Project Management
This task consists of the management aspects necessary to ensure successful
project completion, including budget and schedule control and assisting in the
public involvement process,
Task Z--Predesign Study
The Predesign Study includes:
· Developing design criteria.
· Reviewing the WWTP's solids handling requirements.
Evaluating equipment and preliminary equipment selection.
· Developing a system layout.
Providing a preliminary cost estimate.
· Proposing a project schedule.
Task 3--Deslgn
This task consists of producing contract documents necessary for bidding and
construction. A drawing list is provided as Exhibit A. The subtasks include:
· Visiting similar nearby facilities with WWTP staff.
· Developing and producing design drawings and specifications.
Conducting a review meeting with city staff at the 50 percent
completion stage.
· Performing cost estimates at the 95 percent completion stage.
ATTACHMENT A-SCOPE OF WORY,
September 16, 1993
Page 1 of 2
Task 4--Bid Period Services
Bid period services include:
· Advertising the contract documents,
· Answering questions posed by contractors and equipment suppliers.
Recommending contract award.
Task 5--Construction Management
Construction management services include:
Reviewing submittals.
· Inspecting equipment.
Inspecting construction and equipment installation (assumes six site
visits).
· Recommending acceptance of work.
Preparing punch list.
Task 6--$tartup
This task incudes:
· Observing performance testing of the facilities.
· Preparing operation and maintenance information summary.
ATTACHMENT A-SCOPE OF WORK
Septemb~"16, 1993
Page 2 of 2
09/16/93 15:40 '~'rn3 886 1417 BRO~ & CALD~" ~)006
Exhibit A--Ashland Odor Control Project Preliminary Drawing List
Drawing Sheet I~ours
Number Number Title Pref Tech
G1 1 Index, location map, vicinity map 2 4
G2 2 Symbols and designado~ 2 4
G101 3 Exist~g site layout 2 4
P1 4 Pipin~ system and equipment symbols and identifmation 4
P101 5 Process schematic ~ 12~
S1 6 General structural notes 4J 8
S2 7 Structural de~i!$ 81 8
S101 8 ThicP. ener building plan, secth3n, and details 30 30
5'102 9 Thickener bu~ing section and deta~'ls 30 30
M1 10 Pipe supports and support system lables 4 8
M2 11 Standard stmcturaJ atlac~ments and pipe seismic restraints 4 8
. M101 12 Thickener building plan, section, and delaJls, HVAC 48 40
M10'2 13 Thickener budding section end deta~ 40 40
M2.01 14 Sludge re~rc pump shelter-Mlsc piping plan/section/details 40 40
E1 15 Electrical abbreviations and identification symbols 4 4
E2. 16 Electrical pian symbols 4 4
E.3 17 Electrical diagram symbols 4
E21 18 One-tree diagram 24 16
E31 19 Contro~ diagram 24 1(~
E32 20 Control diagram 24
E91 21 Elect,-~al site plan 24 16
E101 22 Thickener building power and lighting plan 24 1
I'~.~ 23 Thickengr ir~stmmentation 2~ 20
Total 37a 354
15:40 'P;'~03 68§ 1417 BRO~ & CALl' L ~007
ATTACHMENT B
PROJECT SCHEDULE
Recognizing the crucial nature of these improvements, we have developed the
aggressive design and construction schedule shown in Exhibit B. Our schedule
assumes engineering can proceed by October 4, 1993. The detailed design phase
can be completed in seven weeks, We assumed a four week bid period centered
over the Christmas holiday season. Construction could begin in the last week in
January 1994. Delivery time for the thickener equipment will be approximately
seven weeks. The thickening equipment could be operational by the first week in
April. This schedule*alJows the plant staff to terminate operation of the aerobic
digester prior to the onset of warm weather.
Consul[an[s
ATTACHMENT B--PROJECT SCHEDULE
September 16, 1993
Page I of 1
uo/lo/~a 15:40 '~"~n3 886 1417
BRO~ & CALD~
Exhibit B--Project Schedule
~oo8
ATTACHMENT C
COST
Exhibits C and D outline the costs for the engineering services described above.
For your convenience, the cost information is broken down into tasks for design,
bid services and construction services. The estimated cost for all engineering
phases of the work is $86,300. We propose to conduct this work on a time-and-
materials basis and will not exceed this fee without your prior authorization.
Bt'owtt and C~to'well
Consultants
ATTACHMENT C--COST
September 16, 1993
Page 1 of 1
09/16/~3 15;41 ~503 686 1417 BROWN & CALDWELL ~OlO
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