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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 Exhibit C 0 O,O0 0 O,O0 0 0.00 c:~ Oe~ner o o o o 0 o o 0 0 o 0 0 o o o 8 4 6 4 '~'503 686 1417 ~t~TC~'AL., ~ M'~'~ up} T~KLqL A~: ~=jr Toch BRO~%~ & CALDV~L 0 0 0 0 0 0 0 O 0 0 0 0 Oo00OO0000 O000000000 QOOOOOQO00 ~U~TOT*J~ S Cc~.e~ o o.oo o.0o o,0o O.(X) ~]011