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HomeMy WebLinkAbout34032 / 86-210► July 17, 1986 (CARRIED PURPOSE: INITIATED BY: 1/210 RESOLUTION LOST LAID OVER WITHDRAWN ) APPROVE CONTRACT FOR ENGINEERING SERVICES DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh has heretofore solicited proposals for engineering services to study the aeration system at the wastewater treatment plant; and WHEREAS, upon review of the submitted proposals and interviews with three engineering firms, it appears the most advantageous proposal is presented by Robert E. Lee and Associates, Inc., P. 0. Box 2100, Green Bay, Wisconsin, NOW, THEREFORE, BE IT RESOLVED by the Comnon Council of the City of Oshkosh that said proposal is hereby accepted and the proper City officials are hereby author- ized and directed to enter into the attached agreement for purpose of same. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: Account No. 919-191 -- Sewer Utility - Construction in Progress. I SODHITT?:D BY ��.�.� �e, �.�.�,� APFRG:'�?J - 17 - ��.. RESOLUTION #210 AGREEMENT FOR ENGZNEERING SERVICES BETFTEEN THE CITY OF OSHICOSH, WISCONSIN AND ROBERT E. LEE S ASSOCIATES, INC. FOR WASTEWATER MANAGEMENT ENGINEERING THIS AGREEMENT, made and enteced into on this day of , 1986, by and between the City of Oshkosh, Wisconsin hereinafter referred to as the "Owner", and Robert E. Lee & Associates, Inc., a corporation, authorized to provide engineering services in the State of Wisconsin, hereinafter referred to as "Engineer": WITNESSETH: WHEREAS, the City of Oshkosh requires engineering services to plan improvements to the wastewater trea[ment plant; and WHEREAS, Engineer has available and offers to provide personnel and facilities necessary to accomplish the work within the required time. NOW THEREFORE, Owner and Engineer agree as follows: I. DESCRIPTION OF PROJECT Owner and Engineer agree that the Project is as described in Exhibit A entitled, "Description of Project" and dated July 15, 1986. If, during the course of performing the engineering work, Owner and Engineer agree that it is necessary to make changes in the Project as described in the exhibit, such changes will be incorporated in the Agreement by written amendment. II. SCOPE OF ENGINEERING SERVICES Engineer agrees to perform those services which are more particularly described hereafter. Unless modified in writing by both parties, duties of Engineec shall not be construed to exceed those secvices specifically set forth herein. A. Planned Engineering Services Engineer agrees to perform those planned tasks described in Exhibit B entitled "SCOpe of Engineering Services", dated July 15, 1986. B. Special En9ineering Services O�oner and Engineer agree that certain portions of the work contemp].ated to be performed by the Engineer cannot be defined sufficiently at the time of execution of this Agreement, and that incidental engineering work related to the project and not covered in Exhibit B, may be needed during performance of this Agreement. It is intended that such categories of work be classiLied as Special Engineering Services. Contract _ ��a _ Page 1 of 5 � RESOLUTION #210 III. SCOPE OF OWNER SERVICES The Owner shall provide all criteria and full information as to the Owner's requirements and shall provide one copy of all reports, studies, evaluations, plans and specifications, accurate as-built drawings, operating and laboratory data, and budgets concecning the wastewater tzeatment plant facilities. The Owner shall provide operating cost data for the existing aecation equipment and shall provide information of projected incceases in electrical tates if available. IV. AUTHORIZATION, PROGRESS, AND COMPLETION In signing this Agreement, the Owner grants the Engineer specific authorization to proceed with vork described in Exhibit B, Parts B1 and B2. The work shall be completed in accordance with the schedule in Exhibit A. For special engineering services, the authorization by the Owner shall be in writing and shall include the definition of the work to be done. The schedule for commencing and completing the work, and the basis for compensation for the Work, all as agreed upon by the Owner and the Engineer. V. COMPENSATZON For the services described in Exhibit B which are to be performed by the Engineer, the Owner agrees to pay, and the Engineer agrees to accept, compensation in accordance with the methods and schedules set forth in Exhibit C. Compensation for special engineering services shall be as agreed upon by the Owner and Engineer as set forth in the written authorization for special engineering services. Payment to the Engineer is due upon receipt of invoice by the Ownez. If payment is noc made within 30 days, interest on the unpaid balance vill accrue beginning with the 31st day at the rate of 1.0 percent per month or the maximum interest rate permitted by law, whichever is lesser. Such interest will become due and payable at the time said overdue payment is made. Charges for reimbursable costs detecmined in accordance with Exhibit C shall be billed in summary form to the Owner on monthly billing periods. VI. RESPONSIBILITY OF ENGINEER The Engineer is employed to render a professional service only, and any payments made Lo the Engineer are compensation soiely for such services �endered and recommendations made in carrying out the work. The Engineer shall follow the practice of the civil engineering profession to make findings, opinions, factual presentations, and professional advice and recommendations. The Engineer agrees to indemnify, defend, and hold the Owner harmless from and against any liability arising out of the sole negligent errors or sole negligent omissions of the Engineer, its agents, employees, or representatives, in the performance of the Engineer's duties under this Agreement. In performing construction management secvices, the £ngineer shall act as agent of the Or�ner. The Engineer's review or supervision of work prepared or performed by other individuals or firms employed by the Owner shall not relieve those individuals or firms of complete responsibility for the adequacy of their work. Contract Page 2 of 5 - 17b - RESOLUTION #210 It is understood that any resident engineering or inspection provided by the Engineer is for the purpose of determining compliance with the technical provisions of the project specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. The Engineer does not assume responsibility for methods or appliances used by a contractor, for safety of construction work, or for compliance by contractors with laws and regulations. The Engineer shall notify the pamez of any potentially unsafe conditions observed at a consttuction site while performing resident engineering services. This responsibility is not intended to create a duty to any third party. It is understood that the cesident engineer may, from time to time, be physically absent from the construction site. At such tiroes the Engineer shall have no duty to notify the Owner of potentially unsafe conditions at the construction site. The Owner, in consideration of the risk of legal action against the Engineer which results fcom this provision, shall indemnify and hold the Engineer and all of its officers, principals, agents, and employees harmless from any pcofessional liability claims for any injuries to persons or damage to property which are related in any way to safety conditions. If legal pcoceedings related to safety conditions are brought against the Engineer or any of its officers, principals, agents, or employees, the Owner agrees to assume defense theceof and pay all expenses, claims and judgments connected therewith. VII. INSURANCE The Engineer shall maintain during the life of this Agreement, the following minimum public liability and property damage insurance which shall protect the Engineer from claims for injuries including accidental death, as well as from claims for property damages vhich may arise from the performance of work under this Agreement and the limit of liability for such insurance shall be as follows: 1. Comprehensive general liability insurance, including personal injury liability, blanket contractual liability and broad form property damage liability. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance covering owned, nonowned, rented, and hired cars. The combined single limit for bodily injury and propecty damage shall be not less than �000,000. 3. Statutory workecs compensation and employer's liability insurance foc the State of Wisconsin. VIII. SUBCONTRACfS The Engineer shall be entitled, to the extent detecmined appropriate by the Engineer, to subcontract any portion of the work to be performed under this project. The Engineer shall be responsible to the Owner for the aceions of persons and firms performing subcontract wosk. Contract Page 3 of 5 - 17c - RESOLUTION #210 ix. r+ssicr�r�rrr This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This Agreement is not to be assigned by either the Owner or Engineer without the prior written consent of the other. X. INTEGRATION This Agreement represents the entire understanding of the Owner and Engineer as to those matters contained herein. No prior oral or written understanding shall be of any force or effect vith respect to those matters coveced hereundec. This Agreement may not be modified or altered except in writing signed by both parties. XI. JURISDICTION This Agreement shall be administered and interpreted under the laws of the State of Wisconsin. Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said lavs, but the remainder of this Agreement shall be in full force and effect. XII. SUSPENSION OF WORK The Owner may suspend, in writing, all or a portion of the work under this Agreement in the event unforeseen circumstances beyond the control of the Owner make normal progress in the performance of the work impossible. The Engineer may request that the vork be suspended by notifying the Ownec, in writing, of circumstances which are interfering with normal progress of the work. The time for completion of the work shall be extended by the number of days the work is suspended. In the event that the period of suspension exceeds 90 days, the terms of this Agreement are subject to renegotiation and both parties are granted the option to terminate work on the suspended portion of the project in accordance with Article XIII. XIII. TERMINATION OF WORR The Owner may terminate all or a Agreement for its convenience. Either the work in the event the other party fails provisions of this Agreement. Termination 15 days prior written notice from the party Notice of termination shall be delivered delivery returned to the sender. portion of the work covered by this Owner or the Engineec may terminate to perform in accordance with the of this Agreement is accomplished by initiating termination to the othec. by certified mail with receipt for In the event of termination, the Engineer shall perform such additional work as is necessary for the orderly filing of documents and closing of the project. The additional time for filing and closing shall not exceed 10 percent of the total time expended on the completed portion of the project prior to the effective date of termination. Contract Page 4 of 5 - 17d - RESOLUTION #210 The Engineer shall be compensated for the completed poction of the work on the basis of work actually performed prior to the effective date of termina- tion plus the work required for filing and closing. Charges for the latter work are subject to the 10 perceni limitation described in this Article. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. ROBERT E. LEE 6 ASSOCIATES, INC. BY G'�'C��/VCr , Ro rt E. Lee, President r By T'—����. �� � Richard S. Swiontek, Secretary Date VU�y �� i ��i�o - 17e - CITY OF OSHKOSH, WISCONSIN By By William D. Frueh, City Manager Donna C. Serwas, Date ty Clerk Contract Page S of 5 RESOLUTION #210 EXHIBIT A CITY OF OSHROSH DESCRIPTION OF PR0.TECT JULY 15, 1986 Engineering services pcovided undez the terms of this Agreement are required to conduct an evaluation of aeration system alternatives and to evaluate the feasibility of using biological phosphorus removal at the waste- water treatment plant. The work would be performed in two parts; the aeration systems study, and the biological phosphorus removal study. Aeration SYstem Study The study for the Oshkosh Wastewater Treatment Plant aeration system improvements would include an evaluation to determine the optimum aeration system, dissolved oxygen control system, and blower system. The study will evaluate the capital costs as well as the operation and maintenance costs associated with repairing the existing mechanical aerators versus installing a new, more energy efficient fine bubble aeration system. The fine bubble aeration systems would be evaluated by developing a preliminary layout for each system so that capital and operating costs could be estimated. The two alternatives for fine bubble aeration equipment that will be evaluated for the Oshkosh Wastewater Treatment Plant are the Sanitaire ceramic disc system and the Wyss flexible sheath system, each of which has advantages and disadvantages. The ceramic disc system provides the highest aeration efficiency available; however, this must be balanced by other considerations, particularly in a retrofit application where the existing aecation tanks are not specifically designed for their use. The arrangement of the existing aeration tanks will be reviewed to determine if modifications will be needed. The ceramic disc system has very limited lateral mixing and is normally applied in a plug flow tank arrangement to prevent short circuiting. The existing mechanical aeration system is a canplete mix tank arcangement so inlet and outlet modifications may be needed. The wastewater characteristics will be reviewed to detecmine the potential foc scale formation and biological foulir.g. The headloss charactecistics of the diffuser systems will be evaluated and accounted for. When biological fouling occurs, the pressure not only goes up but the oxygen tcansfer efficiency decreases due to the bubbles coalescing. A decrease of ten percent in the transfer efficiency of the ceramic disc diffuser would make it equal to a flexible sheath diffuser efficiency. In estimating operating costs, careful consideration will be made for the field cocrection factors, alpha and beta. Consideration will be made for determining the minimum to maximum operating range of the diffuser. A 1 to 4 range is normally possible. For maximum efficiency the system should be designed for meeting the minimum loads with the minimum air flow. Diffusers can be added in the future to meet increases in loadings. Exhibit A Page 1 of 3 - 17 f - RESOLUTION #210 After all the factors involved with the design of the fine bubble aeration system are considered, the capital and operating costs will be estimated and the present worth of the alternatives will be determined. The cost factors will be then assessed vith noneconomic factors such as reliability, flexibility and risk, and a selection will be made. An equally important aspect in the design of a fine bubble aeration system is the selection of a dissolved oxygen (D.O.) conttol system. Typically, automatic D.O. control systems have proven to be cost-effective for treatment plants with flows greater than 1 mgd; however, the instrumentation required is expensive and maintenance intensive. In evaluating the need for an automatic D.O. control system, factors such as plant staffing and the variability in loadings must be reviewed. If an operatoc is on duty 29 hours a day, the system can be manually controlled or semi-automatically controlled. In manual control the operator would measure the D.O. and adjust the system. In the semi- automatic system the D.O. would be constantly monitored by an on-line analyzer and the operator would adjust the system when it deviated from the operating cange. The suitability of each system also depends on the variability of the wastewater characteristics. Relatively constant characteristics favor manual or semi-autanatic control. When waste characteristics change rapidly only automatic systems can be applied effectively. The selection of a D.O. control system will be made in conjunction with the selection of a blower system. A compacative evaluation of centrifugal or positive displacement blowers will be conducted. A major advantage of the centrifugal blower is the ability to modulate output with an inlet valve. This is a relatively inexpensive method of control that can be used to provide an output of 50 to 100 percent. The output of the positive displacement blower is regulated by varying the speed. A positive displacement blower can be regulated by a variable speed drive, the most efficient of which is an adjustable frequency drive. The final selection of the blowet will be made in conjunction with the selection of the D.O. control system based on an analysis of economic and noneconomic factors. The two alternatives, blowers and the D.O. control system, cannot be considered independently. Bioloqical Phosphorus Removal Process Study The biological phosphorus removal process evaluation would determine the suitability of using a modification of the existing activated sludge system to remove phosphorus. If the biological phosphocus removal pcocess can be used, chemical costs can be eliminated and sludge settleability can generally be improved. Eliminating chemical usage will also significantly reduce sludge volumes. The study will determine if the existing aeration tanks can be modified and if the wastewater characteristics are suitable to accommodate a biological phosphorus process. An important aspects of the evaluation will be the impact of sidestream loadings and solids handling practices on the process. The study would determine po[ential benefits and problems associated with the process. The purpose of the study is to determine if a biological phosphorus process is suitable for use at the Oshkosh Wastewater Treatment Plant. If the pzocecs is s�itable, further study would be needed to determine if it would be cost-effective [o implement the process. Exhibit A Page 2 of 3 - 17g - RESOLUTION #210 Project Management and Schedule As the study progresses, we will periodically meet with the City staff to discuss the findings. At the end of the study a ceport will be prepared and presented to the City that will detail the findings and recommendations. This report aill serve as the basis for the detailed design and would be submitted to the Wisconsin Department of Natural Resources (WDNR) with the plans and specifications as justification for the alternatives selected. The project schedule calls for the work to be authorized in July of 1986 and a dcaft of the study to be submitted to the City by November 1, 1986. Exhibit A Page 3 of 3 - 17h - RESOLUTION #210 EXHIBIT B CITY OF OSEIICOSH SCOPE OP ENGINEERING SERVICES JULY 15, 1966 The work performed under this contract for engineering services is divided into two parts. Part Bl is the aeration system evaluation and Part B2 is the biological phosphorus removal process evaluation. PART B1--AERATION SYSTEM EVALUATION The work for Part B1 Aeration System Evaluation consists of the following tasks: Task 1--Data Collection. The Engineer shall collect existing information and data relative to the design and operation of the Oshkosh Wastewater Treatment Plant. This includes such items as reports, studies, evaluations, plans and specifications, accurate as-built drawings, operating and laboratory data, electric rate schedule, operation and maintenance manual, operating and laboratory data, and budgets. Task 2--Existing Wastewater Treatment Facilities. The Engineer shall review the arrangement and operation and performance of the existing wastewater treatment facilities to determine the characteristics of the existing aeration equipment and the suitability of the facilities for the proposed fine bubble aeration alternatives. Task 3--Wastewater Characteristics. The Engineer shall review the avail- able monitoring data and develop flows and loading for design of alternative systems. The characteristics of the wastewater shall be evaluated to detecmine the impact on the performance of the fine bubble aeration alternatives. Task 4--Development of Alternatives. The Engineer shall prepare a prelim- inary design for a fine bubble ceramic disc aeration system and a flexible tube fine bubble aeration system complete with dissolved oxygen control system and blower system. The capital and operating cost for each system will be estimated. � Task S--Comparison of Alternatives. The Engineec shall compare the present aeration system with the two fine bubble aeration systems. The comparison will include capital costs, operating costs, and noneconomic factors. A present aorth analysis will be used for the economic comparison. The most suitable plan will be recommended. Task 6--Report Preparation. The Engineer shall prepare a report that will present the information developed in Task 1 through Task 5. Three copies of a dcaft report will be submitted to the City for review and comments. Aftec incorporation of any comments and changes, 20 copies of the final report will be published and suitably bound. Exhibit B Page 1 of 2 - 17i - RESOLUTION #210 Task 7--Project Management. The Engineer shall update the City staff as the work progresses and shall present the results of the study to the City upon completion of the final report. Upon acceptance by the City, the Engineer shall submit three copies of the study for review and approval of the WDNR. PART B2--BZOI.OGICAL PHOSPHORUS REMOVAL PROCESS EVALUATION The wrork for Part B2 Biological Phosphorus Removal Process Evaluation consists of the folloaing tasks: Task 1--Existing Wastewater Treatment Facilities. The Engineec shall review the arrangement and opecation and performance of the existing wastevater treatment facilities to determine theic suitability for the biological phosphorus removal process. The ceview would include the liquid and solids handling facilities. Task 2--Wastewater Characteristics. The Engineer will review existing monitoring data to determine design loads and to determine if the wastewater characteristics are suitable for a biological phosphorus process. Character- istics of importance are BOD, soluble BOD, total phosphorus, soluble phosphorus, and orthphosphorus of both the plant influent and sidestreams. Task 3--Process Evaluation. The Engineer shall determine the potential benefits and problems associated with implementing and using a biological phosphocus removal process at the Oshkosh Wastewater Treatment Plant. Based on this evaluation, the Engineer will make a recommendation as to the suitability of the biological phosphorus removal p=ocess. Task 4--Report Preparation. The Engineer shall prepare a report that vill present the information developed in Task 1 through Task 3. Three copies of a draft report will be submitted to the City for ceview and comments. After incorporation of any comments and changes, 20 copies of the final report vill be published and suitably bound. Task S--Project Management. The Engineer shall update the City staff as the work progresses and shall present the results of the study to the City upon completion of the final report. Upon acceptance by the City, the Engineer shall submit three copies of the study for review and approval of the WDNR. Exhibit B _ 17� _ Page 2 of 2 RESOLUTION #210 EXHIBIT C CITY OF OSF3ROSH COMPENSATION JULY 15, 1986 Compensation for the services provided under Article II "Scope of En9ineer- ing Services" and described in Exhibit B shall be as described in Part C1. PART Cl METHOD OF COMPENSATION Part Description B1 � AERATZON SYSTEM EVALUATION BIOIAGICAL PHOSPHORUS REMOVAL EVALUATION PART C2 LUMP SUM COMPENSATION Compensation S 5,900 lump sum S 3,600 lump sum The lump sum amounts indicated in Part C1 shall be a firm fixed price that shall only be modified if the scope of wotk changes. The En9ineers shall submit periodic statements to the Owner in accordance with Section V of this Agreement. Periodic billing shall be based upon percentage completion of the work as determined by the Engineer and approved by the Owner. PART C3 TIME AND EXPENSE COMPENSATZON Compensation foc services performed on a time and e�cpense basis shall be based on labor related costs plus direct nonlabor costs as described in this exhibit. C3.01 LABOR-RELATED COSTS Labor-related costs comprise salary costs, general and administrative overhead, and profit. Salary costs shall be the total number of hours worked on the Project by each employee multiplied by the employee's hourly salary cost. It is agreed that general and administrative overhead, and profit shall be computed by multiplying salary costs by a factor of 0.85. Salary costs shall inciude but are not limited to the following: 1. Salaries. 2. Workers compensation insurance. 3. State and federal unemployment insurance. 4 5 6 F]oployer contribution to Social Security. Payroll taxes. Long-term disability insurance. - 17k - Exhibit C Page 1 of 3 RESOLUTION #210 7. Life and medical insurance. 8. Vacation and holidays. 9. Incen[ive pay. 10. Retirement plan. General and administrative overhead includes the following indirect costs which are not identifiable a�d directly allocable to the Project: 1. Provisions for office, light, heat, and similar items foc working space, depreciation allowance or cental for furniture, drafting equipment and engineering instruments, automobile expenses, and office and drafting supplies. 2. Taxes and insurance other than those included as fringe benefits, but excluding state and federal income taxes. 3. Libcary and periodical expense, and other means of keeping abreast of advances in engineering, such as attendance at technical and professional meetings. 4. FScecutive, administrative, accounting, legal, stenographic, and clerical salaries and expenses, other than Project-identifiable salaries included in labor-related costs and Project-related expenses incl�ded in reimbursable nonlabor expenses, plus salaries or imputed salaries of principals, to the extent that they perform genezal executive and administrative services as distinguished from technical or advisory services directly applicable to the Project. These services and expenses, essential to the conduct of the business, include preliminary arran9ements fot new projects or assignments, and interest on borrowed capital. 5. Business development expenses, including salaries of principals and salary costs of employees so engaged. 6. Provision for loss of productive time of technical employees between assignments and foc time of principals and employees on public interest assignments. Profit consists of state and federal income taxes and net profit. C3.02 NONLABOR COSTS Nonlabor costs are charges incurred directly for the Project, other than those included in labor-related costs. Such nonlabor costs shall be computed on the basis of actual purchase price plus a service charge of 10 percent. Cost of items and services provided by the Engineer shall be in accordance with rate schedules based on normal charges of commeccial sources. Nonlabor items and services include, but are not limited to, the following: 1. Services directly applicable to the Project such as special legal and accounting expenses, computer rental and programming costs, special consultants, borings, laboratory analyses, commerciai printing and binding, and similar secvices that are not applicable to general overhead. Exhibit C Page 2 of 3 - 171 - RESOLUTION #210 Z. Identifiable reproduction aervices applicable to the pcoject such as printing of drawings, photostating, multilithing, printing, and similar services. 3. Identifiable communication services such as long-distance telephone, telecopying, telegraph, cable, express services, and postage other than for general cocrespondence. 4. Living and traveling expenses of employees when away from home office on business connected with the Project. 5. Subcontracted services. C3.03 LIMITATION OF COST AND TIME For time and expense compensation the Engineer agrees to use his best efforts to perform the work within the estimated cost and time of completion. If, at any time, the Engineer has reason to believe that the cost will be greatec than estimated, the Engineer shall notify the Owner in writing to that effect. The notification will state the revised cost estimate for performance of the services and, if applicable, the revised time for completion. Such notification will be submi[ted to the Owner at the earliest possible date and in no event later than 15 days prior to scheduled completion of the work. The Owner shall not be obligated to reimburse the Engineer for costs incurred in excess of the estimated cost. The Engineer shall not be obligated to continue performance under this Agreement or otherwise incur costs in excess of the estimated cost unless and until the Owner shall have �otified the Engineer in Writing that such estimated cost has been increased and shall have specified in such notice a revised estimated cost which shall thereupon constitute the estimated cost for performance of this Agreement. if, after such notification, additional funds are not allotted by the end of the period scheduled for completion, or an agreed date substituted therefor, the Owner will, upon written request by the Engineer, terminate this Agreement. The terminatio❑ date shall be the ociginally scheduled completion date or an agreed date substituted thezefor. C3.04 PAYMENT OF COMPENSATION Charges determined on the basis of this Exhibit shall be billed in accordance with Article V of this Agreement. 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