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HomeMy WebLinkAboutCH2M Hill/WWTP Air Permit CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920)236-5065 FAX(920) 236-5068 LETTER OF TRANSMITTAL To: Ms. Linda Mohr Date: June 20, 3013 CH2M Hill Subject: Executed Agreement 135 South 184th Street WWTP Air Permit Suite 400 Milwaukee, WI 53214 Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Meeting Notes ❑ Photos p ❑ Agenda ❑ Mylars ❑ Change Order 0 Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested q ❑ For Review&Comment Remarks: Enclosed is a copy of the executed agreement for the Wastewater Treatment Plant Air Permit. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number o _.I your invoices. If you have any questions, please contact us. I ! JUN 21 2013 CITY CLERK'S OFFICE City Attorney's Office—Copy Steve Brand—Copy City Clerk's Office— Original cc: _ File— Original Signed: Trac�:ylor I:\Engineering\Tracy TaylorlPurchasing\CH2M Hill LOT-Air Perm Executed Agreemnt_6-20-13.docx UJU JYP r Ein 5S 11444.4- AGREEMENT THIS AGREEMENT, made on the /`1 day of , 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and CH2M HILL ENGINEERS, INC., 135 South 84th Street, Suite 400, Milwaukee, WI 53214, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this Agreement: Linda Mohr— Project Manager B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The CITY shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the project described in this Agreement: Stephan Brand — Public Works Utilities Bureau Manager ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's attached Scope of Services. The CONSULTANT may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the CITY. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. Page 1 of 4 ARTICLE IV. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's request, such information as is needed by the CONSULTANT to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this Agreement shall be commenced and the work completed within the time limits as agreed upon as projects are identified throughout this Agreement. The CONSULTANT shall perform the services under this Agreement with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees that the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE VI. COMPONENT PARTS OF THE AGREEMENT This Agreement consists of the following component parts, all of which are as fully a part of this Agreement as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Consultant's Scope of Services In the event that any provision in any of the above component parts of this Agreement conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. Page 2 of 4 ARTICLE VII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the Agreement the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Time and Materials Not to Exceed: $32,000 (Thirty Two Thousand Dollars). • Attached fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any statement amount is disputed, the CITY may withhold payment of such amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this Agreement executed by both parties prior to proceeding with the work covered under the subject amendment. ARTICLE VIII. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, his agents or assigns, his employees, or his subcontractors related however remotely to the performance of this Agreement or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive damages which the CITY may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the CITY's written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. ARTICLE IV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. Page 3 of 4 ARTICLE X. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the CITY shall have the right to terminate this Agreement by written notice to the CONSULTANT. In this event, the CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this Agreement at any time by giving written notice to the CONSULTANT no later than 10 calendar days before the termination date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. In the Presence of: CONSULTANT By: rt Heller' ann, P.E., Vice President (Seal of Consultant if a Corporation.) CITY OF OSHKOSH By: - (Witness) Mar A. Rohloff, City Manager - And: %►ca1 1 • , . . 1: (Witness) Pamela R. Ubrig, City C erk APPROVED: I hereby certify that the necessary provisions • j have been made to pay the liability which 1 ,ia. .. / .1 which will accrue under this Agreement. i ity Attorney City Compfr er Page 4 of 4 SCOPE OF SERVICES Wastewater Treatment Plant Air Permit Project Background Based on the draft City of Oshkosh Air Emission Permit and Regulatory Applicability Review(CH2M HILL, March, 2013),the City of Oshkosh (Oshkosh) requires an air permit for operation of the City's Wastewater Treatment Plant (WWTP).There are two preferred air permit options: a Type A Air Registration Permit or a Non-Part 70 Synthetic Minor Operating Permit. Although the Type A Air Registration Permit is the far less restrictive option, it requires air dispersion modeling be performed and actual air emissions from WWTP operations be analyzed to determine applicability for this type of permit. As an alternative,the WWTP may be permitted as a Non-Part 70 Synthetic Minor source and take restrictions that maintain potential air emissions below the major source thresholds. CH2M HILL has developed this proposed scope of work to assist the City complete the following: • Meetings with the City and the state air regulatory agency, Wisconsin Department of Natural Resources(WDNR) Bureau of Air Management • Revise and update the existing air emissions inventory, if needed based on WDNR input • Perform air dispersion modeling to support a Type A Registration Permit application or if required, for support of a Non-Part 70 Synthetic Minor Air Permit application • Develop either a Type A Registration Permit application or a Non-Part 70 Synthetic Minor Air Permit application for existing equipment • Project management and quality assurance/quality control Task 1 - Meetings To kick-off this project,we propose that CH2M HILL and City representatives arrange a meeting with the WDNR to discuss permit requirements, schedule, and permitting approach.This meeting will establish a clear understanding of the permitting process and help focus the project technical analyses. In addition to the kick-off meeting, approximately four conference calls with WDNR and City personnel are anticipated to discuss data needs, air dispersion modeling results, and project progress.The meetings will also be a forum for discussion and/or review of draft deliverables. Deliverables. Meeting minutes and summarize review comments. A preliminary project schedule as defined during the kick-off meeting. Task 2 - Final Air Emissions Inventory During the kick-off meeting,the draft City of Oshkosh Air Emission Permit and Regulatory Applicability Review(CH2M HILL, March, 2013) will be discussed and WDNR review comments will be gathered. CH2M HILL will prepare a final draft of the Air Emissions Inventory using WDNR input and any additional input from the City regarding current and potential future emission sources. Deliverable. Final draft Air Emissions Inventory for submission with permit application. Task 3 - Air Dispersion Modeling The existing WWTP emergency generators do not have an unobstructed discharge within 10 degrees of vertical.As a result,the facility would not be eligible to use the Type A Registration Permit unless emission modeling demonstrates compliance with all air quality standards. If compliance is demonstrated by modeling,the modeling results are submitted with the Registration Permit application. CH2M HILL will perform a refined air dispersion modeling analysis of all applicable facility sources in accordance with current WDNR guidance.The dispersion modeling analysis will be conducted utilizing the current version of the United States Environmental Protection Agency's AERMOD dispersion model in combination with 5-years of model ready pre-processed meteorological data available though the WDNR website.The modeling analysis will be designed to predict whether off-site impacts from the WWTP are in compliance with applicable air quality standards. Pursuant to WDNR guidance,the dispersion modeling analysis will be limited to only those criteria pollutants where the maximum controlled facility-wide emissions exceed 5 tons per year. The will provide CH2M HILL with the physical source and facility parameters necessary for dispersion modeling including stack parameters(height, diameter, exhaust flow and exit temperature), a scaled plot plan depicting property boundaries, stack locations and major structures(including structure heights). Deliverables.An air dispersion modeling report to support the registration permit application.The report will describe the modeling methodology, modeling assumptions and predicted ambient impacts from the Oshkosh WWTP. Task 4 - Permit Application CH2M HILL will use the emission inventory information, data collected above, and air dispersion modeling (if required)to develop either the Type A Registration permit application or the Non-Part 70 Synthetic Minor Air Operating Permit application. Determination of which application will be required and whether the forms will need to be prepared and submitted electronically will be made during the pre-application meeting with WDNR Bureau of Air Management. The application will include preparing relevant WDNR Bureau of Air Management forms, descriptions of operations and emission sources, relevant supporting emission calculations, required schematics, and regulatory applicability determinations. A draft application will be prepared for review by Oshkosh. A final application will be prepared, incorporating comments from one round or review on the draft. Oshkosh will be responsible for submitting the application including fees associated with the application and processing of the application required by WDNR at the time of submittal. Task 5 - Project management, quality assurance/quality control Project management and quality assurance/quality control duties include: Preparation of project instructions.This guidance for the project team includes the detailed scope of services and project deliverables, task assignments and work plan, project schedule, project budget, health and safety considerations, and communication procedures within the team. Communication. Communication will be maintained through regular team meetings,telephone calls, and e-mail. Meetings will be held with City staff to discuss the TMDL and phosphorus compliance planning process. In addition to meetings, brief progress reports will be submitted to the City monthly. Quality Control/Quality Assurance (QA/QC).The role of the QA/QC process is to support the project manager and technical staff throughout the project and review completed work at project milestones. Cost Control.CH2M HILL will develop monthly invoices based on labor,expense and percent complete of project scope. Assumptions The scope of work was developed based on the following assumptions: • An existing air emissions inventory developed by CH2M HILL in February 2013 will require only minor modifications. • The City will provide any needed operational data to support development of the fina inventory of actual WWTP emissions if a Type A Registration Permit is to be pursued. • The facility will not trigger federal Prevention of Significant Deterioration (PSD)/New Source Review (NSR) requirements. • No stack testing will be required by the WDNR as part of the application process. Schedule It is anticipated that this scope of technical services will be completed in 2013.A detailed project schedule will be developed with the City and WDNR as part of the project kick-off meeting. Level of Effort and Compensation The estimated level of effort for professional engineering services and compensation is presented in Table 1.Our price estimate is based on the previously stated assumptions. If it is determined that a Type A Registration Permit is a viable option,the work, and associated cost, required to prepare the permit application would be reduced. TABLE 1 Level of effort and cost Activity Hours Cost(Labor and Expenses) Task 1—Meetings 42 $6,580 Task 2—Final Air Emissions Inventory 28 $3,640 Task 3—Air Dispersion Modeling 54 $5,940 Task 4—Air Permit Application 46 $7,440 Task 5—Project management and QA/QC 48 $8,400 TOTAL 218 $32,000 CH2M HILL 2013 HOURLY CHARGE RATES for PROFESSIONALS AND TECHNICIANS Classification Hourly Rate Senior Consultant $200 Senior Project Manager $200 Project Engineer $175 Project Engineer $110 Junior Modeler $90 Project Accountant $90 CAD Technician $80 Clerical $75 Expenses Expense Type Estimating Method Rate Photo Copies Service Center $0.05 Reprographics Service Center varies Auto mileage Travel $.565/mile Auto Rental Travel Actual Other Travel (FTR Guidelines) Travel Actual Equipment Rental Operating Expense Actual Postage/Freight Operating Expense Actual Notea Assessment applies to all labor hours "ote b Assessment applies to all Health &Safety trained individuals Rates subject to change on January 1,2013 ENDORSEMENT#021 This endorsement, effective 12:01 a.m., May 1, 2012 forms a part of Policy No.RGE500025501 issued to CH2M HILL COMPANIES, LTD. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AUTOMATIC ADDITIONAL INSURED'S PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART LIQUOR LIABILITY COVERAGE PART The following provision is added to Section II,Who is an Insured: I. A. Any entity, person, or organization you are required or have agreed in a written insured contract, permit, access agreement and any other written agreement to name as an Insured is an insured (hereinafter called additional insured) but only with respect to liability arising out of your premises,your work for the additional Insured, or acts or omissions of the additional insured in connection with the general supervision of your work to the extent set forth below: (1) The limits of, insurance with respect to each person, organization or entity shall not exceed the limits of liability of the named insured. (2) All Insuring agreements, exclusions and conditions of this policy apply; (3) In no event shall the coverage or limits of insurance in this coverage form be increased by such contract, B. Except when required otherwise by insured contract,this insurance does not apply to: (1) (a)All work on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional Insured(s)at the site of the covered operations has been completed; or(b)That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. (2) Bodily Injury or Property Damage arising out of any act or omission of the additional insured(s)or any of their employees, other than the general supervision of work performed for the additional insured(s) by you. MANUS ©2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission. C. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured(s)whether primary, excess, contingent or on any other basis unless a contract specifically required that this insurance be primary, or you request that it apply on a primary basis. When this insurance applies on a primary basis for the additional insureds described above, it shall apply only with respect to liability arising out of your work for that additional insured by or for you. Other insurance afforded to those additional insureds will apply as excess and not contribute as primary to the insurance afforded by this endorsement. All other terms and conditions remain the same. 00 EP (Authorized Rep Zr tative) MANUS ©2011 X.L. America, Inc. All Rights Reserved. May not be copied without permission.