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HomeMy Public PortalAboutORD14428 • BILL NO. 2008-82 SPONSORED BY COUNCILMAN Penfold ORDINANCE NO. W02-1 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MEC WATER RESOURCES, INC., FOR WATER QUALITY ASSESSMENT. WHEREAS, MEC Water Resources, Inc., has been selected as the firm best qualified to provide professional services related to the Water Quality Assessment project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. MEC Water Resources, Inc., is hereby approved as the best qualified firm to provide professional services and its proposal is hereby accepted. Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement with MEC Water Resources, Inc., for Water Quality Assessment. • Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage a,,-n-�d approval. Passed: D 17 Approved: ev, /e -owe oF Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: lox , Cit9yVC I City Counselor • lUU2� CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into this day of 2008,by and between MEC Water Resources,Inc., a corporation authorized to do business in the state of Missouri,hereinafter referred to as the "Consultant,"and the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as"City". WITNESSETH: THAT WHEREAS, the City desires to engage the Consultant to render certain technical and consulting services as to assist the City with planning for disinfection upgrades to the Jefferson City Regional Water Reclamation Facility(RWRF)and the potential expansion of the Algoa Regional Wastewater Treatment Facility (RWTF). THAT WHEREAS, Consultant has made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Consultant for the performance of services by the Consultant. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows: 1. Scope of Services. The City agrees to engage the services of the Consultant associated with the Water Quality Services For Jefferson City Regional Water Reclamation Facility andAlgoa Regional Wastewater Treatment Facility,hereinafter set forth • in Exhibit A, attached hereto and incorporated herein by reference. 2. Additions or Deletions to Services. The City may add to consultant services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 7 hereof. The Consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the Director of Community Development and shall be accepted and countersigned by the Consultant or its agreed representatives. The Consultant will not perform any additional work requested by the City which is not specifically covered in the scope of work as defined herein at a reasonable fee or compensation to be agreed to between the City and the Consultant at the time any such service may be required. 3. Term of Contract. This Contract shall remain in force from the date of execution until November 1, 2009, unless sooner terminated under paragraph 8 hereof or unless extended by agreement of the parties. 4. Existing Data. All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Consultant without charge by the City, and the City shall cooperate with the Consultant in every reasonable way in carrying out the scope of services. 10 Wnlor Gaunlily.wpd 5. , Personnel to be Provided. The Consultant represents that the Consultant has or will secure at its expense all personnel required to perform • the services called for under this Contract by the Consultant. Such personnel shall not be employees of the City or have any contractual relationship with the City except as employees of the Consultant: All of the services required hereunder will be performed by the Consultant or under the Consultant's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized understate and local law to perform such services. None of the work or services covered by this Contract shall be subcontracted without the written approval of the City. 6. Notice to Proceed. The services of the Consultant shall commence as directed in the Notice to Proceed and shall be undertaken and completed on or before November 1, 2009, as noted in the Notice to Proceed. 7. Compensation. The City agrees to pay the Consultant in accordance with the rates set forth in Exhibit A which shall constitute full and compensation complete for the Consultant services hereunder. Such compensation will be paid in progress P P payments, as established by the City. In addition to lump sum expenses, progress billing requests shall be supported by itemized daily detail of hours and rates for each classification of employee participating in each phase of the scope of work. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered from the Consultant certifying that the Consultant fully performed all work to be paid for in such progress payments in conformance with the Contract. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Consultant under the terms of this Contract exceed the sum of Sixty-Six Thousand Six Hundred Twenty-Four Dollars($66,624.00)for all services required unless specifically and mutually agreed to in writing by both the City and Consultant. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this Contract and the work actually required. •8. Failure to Perform. Cancellation. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner its obligations under this Contract,or if the Consultant shall violate any of the covenants,agreements,or stipulations of this Contract,the City shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The Consultant or the City may terminate this Contract upon thirty(30)days prior written notice. In the event of termination,all finished or unfinished documents,data,studies,surveys,drawings,maps,models, photographs, and reports or other materials prepared by the Consultant under this Contract shall, at the option of the City,become its property, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 9. Assignment. The Consultant shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this Contract,including the right to change or delete activities from the Contract or to terminate the same as provided herein,and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this Contract, though the City will attempt to so notify any such assignee. 10. Confidentiality. Any reports,data or similar information given to or prepared or assembled by the Consultant under this Contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City. • Wnt-Qunlity.w[A - - 11., Nondiscrimination. The Consultant agrees in the performance of the Contract not to discriminate on the grounds or because of race, • creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of the Consultant or applicant for employment and shall include as similar provision in all subcontracts let or awarded hereunder. 12. Independent Contractor. The Consultant is an independent contractor and nothing contained herein shall constitute or designate the Consultant or any of its agents or employees as agents or employees of the City. 13. Benefits Not Available. The Consultant shall not be entitled to an of the benefits established for the employees of the City nor be covered Y by the Workman's Compensation Program of the City. 14. Liability. The parties mutually agree to the following: (a) In no event shall the City be liable to the Consultant for special, indirect or consequential damages,except those caused by the City's negligence arising out of or in any way connected with a breach of this Contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this Contract. (b) The Consultant shall indemnify and hold the City harmless from and against all claims, losses and liabilities arising out of personal injuries,including death,and damage to property which are caused by the acts,errors and omissions of Consultant for which they would be otherwise legally liable, arising out of or in any way connected with this Contract. 1015. Documents. Reproducibles of tracings and maps prepared or obtained under the terms of this Contract shall be delivered upon request to and become the property of the City upon termination or completion of the work. Copies of basic survey notes and sketches,charts,computations,and other data prepared or obtained under this Contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Consultant its costs of copying and delivering same. 16. Nonsolicitation. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant,to solicit or secure this Contract,and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, City, percentage,brokerage fee,gifts,or any other consideration,contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability,or,in its discretion,to deduct from the Contract price or consideration,or otherwise recover the full amount of such fee, City,percentage,brokerage fee, gifts, or contingent fee. 17. Books and Records. The Consultant and all his subcontractors shall maintain all books, documents,papers, accounting records, and other evidence pertaining to costs incurred in connection with this Contract, and shall make such materials available at their respective offices at all reasonable times during the Contract and for a period of three(3)years following completion of the Contract. • Wale,Qwdily-I'd - 3 18., Delays. The Consultant shall not be liable for delays resulting from causes beyond the reasonable control of the Consultant; • the Consultant has made no warranties,expressed or implied,which are not expressly set forth in this Contract; and under no circumstances will the Consultant be liable for indirect or consequential damages. 19. Notices. All notices required or permitted hereunder and required to be in writing may be given by first class mail addressed to the City of Jefferson,Department of Communi Development, 320 East McCarty Street,Jefferson City, Missouri, 65101, and MEC Water Resources, Inc., 11 Wilkes Boulevard, Suite 400, Columbia, Missouri, 65201. The date and delivery of any notice shall be the date go,n/the second full day after the day of mailing. 20. Law to Govern. 11 jZ7l�� This Contract shall be governed by the laws of the State of Missouri as to both interpretation and performance. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this .,W day of November, 2008. CITY OF JEFFERSON, MISSOURI MEC WATER RESOURCES, INC. Mayor Title: A T: ATTEST: r v� Lam° Phyllis Powell Cit erk itle: / APPROVED AS TO FORM: City ou or ��quality-I>a - 4 - EXHIBIT A WATER QUALITY SERVICES FOR JEFFERSON CITY REGIONAL WATER RECLAMATION FACILITY AND ALGOA REGIONAL WASTEWATER TREATMENT FACILITY MEC WATER RESOURCES,-INC. Project Scope of Services The project scope of services is provided to assist the City of Jefferson with planning for disinfection upgrades to the Jefferson City Regional Water Reclamation Facility (RWRF) and the potential expansion of the Algoa Regional Wastewater Treatment Facility (RWTF). The objectives of this scope are to develop water quality-based effluent limits for E. coii at the Jefferson City RWRF and to evaluate potential dissolved oxygen (DO) and ammonia permit limits for the Algoa RWTF. MEC Water Resources, Inc. (MEC) anticipates the following scope items will be needed to achieve these objectives: provide regulation support services through a collaboration with other Missouri River dischargers; • perform a mixing zone optimization and evaluation study for the Jefferson City RWRF; collect existing hydraulic data and calculate critical flows; prepare a report documenting the mixing zone study effort and recommend water quality-based E. coii permit limitations; develop a disinfection strategy in cooperation with the City's design consultant; provide permit negotiations for the Jefferson City RWRF operating permit; and compile relevant existing water quality data to perform a preliminary wasteload allocation assessment for the Algoa RWTF based on a dilution model. Task 1. Water Quality Standards and Effluent Regulation Support Services MEC and its subcontractors will provide scientific and engineering services to help guide the upcoming Missouri water quality standards and effluent regulation changes that control bacteria discharges from POTWs. These services will be funded jointly by up to six municipalities and wastewater districts. Task z. Mixing Zone Study for Jefferson City RWRF MEC will conduct a mixing zone study for the proposed outfall location of the Jefferson City RWRF. A brief work plan will be prepared by MEC for MDNR review that will include study activities anticipated for the mixing zone study. A field evaluation of hydraulic and morphologic model inputs will be performed during low flow conditions. The City of Jefferson Page 1 of 3 MEC Water Resources,Inc. CORMIX model will be used to determine the appropriate dilution ratio for developing E. co/ipermit limits. At this point, a dye study to fully calibrate the CORMIX model is not recommended since the existing outfall location will likely be abandoned. MEC will also conduct a sensitivity analysis of the CORMIX model to aid in optimizing outfall design. Task 3. Critical Flow Calculations MEC will collect existing hydraulic data from USGS gaging station o6gog000 (Missouri River at Boonville, MO). Critical low flows will be calculated from this data on a seasonal and annual basis. Calculated critical flows will include the 1 Q1 o, 7Q10, 30Q5,and 3oQl o. Task 4. Prepare Final Mixing Zone and Water Quality-Based Permit Report MEC will produce a project report summarizing the results of the mixing zone study. Proposed E. co/ieffluent limitations will be presented within the report. MEC will present the results of this study at a meeting with the City of Jefferson and MDNR in the Jefferson City or Columbia area. Task 5. Develop a Disinfection Strategy in Cooperation with'the City's Design Consultant MEC will analyze historic plant flow and bacteria data to evaluate potential disinfection strategies to meet the recommended E. co/ieffluent limitations. This task will be preformed in collaboration with the City's design consultant. Recommended strategies • could include bypassing disinfection systems during infrequent peak flows or reducing disinfection efficiencies during these flows to optimize capital and operational costs. Task 6. Permit Negotiations for the Jefferson City RWRF Operating Permit MEC will facilitate up to three meetings MDNR in Jefferson City to negotiate permit limitations and conditions for disinfection requirements. Task 7. Preliminary Wasteload Allocation Assessment for Algoa RWTF MEC will calculate preliminary DO and ammonia wasteload allocations for the potential expansion of the Algoa RWTF using simple modeling tools. This assessment will be based on calculated critical flow values and compiled existing water quality data from readily available sources. MEC will facilitate up to two meetings with MDNR in Jefferson City present the results of this evaluation as part of potential permit limit negotiations. Considerations for Regulatory Negotiations Regulatory negotiation activities beyond meetings and/or presentations included as part of Tasks 1, 5 and 6 may be performed through a project change order and on a time and materials basis according to rates effective at the time services are rendered. • City of Jefferson Page z of 3 MEC Water Resources,Inc. M rt Estimated Project Budget O, Water Quality Services for Jefferson City RWRF and Algoa RWTF o C 7 Number of Units per each Scope of Work e Rate IA Professional Costs: ($/uni!L Unit Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Total Units Total Cost Project Director 150 hour 40 8 1 24 20 24 20 137 $20,550 Associate Project Manager 120 hour 2 24 6 4 36 $4,320 Water Quality Scientist III 105 hour 40 120 4 40 32 24 40 300 $31,500 Water Quality Scientist II 90 hour 1 24 1 1 24 $2,160 Water Quality Scientist 1 80 hour 12 10 10 16 48 $3,840 Water Quality Technician 70 hour 16 16 $1,120 Project Assistant 52 hour 2 1 1 4 $208 Subtotal $10,440 $20,920 $570 $9,424 $7,692 $6,120 $8,532 565 $63,698 Non-Professional Direct Costs: Per Diem 40 2 3 5 $200 Mileage 0.55 mile 400 60 60 60 180 60 820 $451 Lodging 75 0 $0 Printing Direct 0 $0 Mixing Zone Study Boat&Equipment 875 day 1 1 $875 Mixing Zone Study Materials 100 tudy 1 1 1 $100 Misc.' Direct 1,200 100 1,300 $1,300 Subtotal $300 1 $2,328 $0 $133 $33 $99 $33 $2,926 $2,926 Total 1 1$10,7401$23,2481 $570 1 $9,557 1 $7,725 1 $6,219 1 $8,5651 $66,624 1 $66,624 rn w 0 w City of .... op so is nu Its urn� — — cy ;. e� erson � COMMUNITY DEVELOPMENT Ip Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 P: 573.634.6410 F: 573.634.6562 • www.jeffcitymo.org/cd Date: September 26, 2008 To: Steve Rassmussen, City Administrator Through: Patt Sullivan, Director, Community Development From: Matt Morasch, Community Development Deputy Director for Public Works Subject: Consultant Selection for Waste Water Division, Water Quality Evaluation The standing consultant selection committee of the Community Development Department has completed their review of consultants to perform the above noted study and determined that MEC Water Resources of Columbia, is the most qualified to complete the project. The committee consisting of Pat Sullivan, Drew Hilpert, Steve Schlueter, and myself met on August 20th with key personnel of the Waste Water Division (Eric Seaman and Dave Erwin) to review the submittals Two firms, MEC Water Resources and Barr Engineering Co., submitted a letter of interest and qualification documents, with MEC Water Resources being ranked as the most qualified. The City will now begin contract negotiations with MEC Water Resources. We anticipate a contract will be sent to the City Council for approval within the next two months. If you have any questions please let us know. MM:amh cc: Terry Stephenson, Purchasing (with submittals and rating forms) Eric Seaman, Waste Water "building a better community" UAPublicWorks\ahasiag\Matt MoraschNemo-Water Quality Consultant.doc