HomeMy WebLinkAbout5.207 Original Contractprovide:
Amendment No. 1
August _26, 1993
Page 1 of 2
AMENDMENT NO. 1
TO
AGREEMENT FOR CONSULTING SERVICES
BETWEEN CITY OF PORT ANGELES
AND BROWN AND CALDWELL FOR
SUPPORT AND RELATED SERVICES FOR
EXPANSION OF THE PORT ANGELES TREATMENT PLANT
PREAMBLE
THIS AMENDMENT NO. 1 to the Agreement for Consulting
Services dated November 19, 1991 between CITY OF PORT ANGELES,
hereinafter referred to as "CLIENT and BROWN AND CALDWELL,INC.,
a California corporation, hereinafter referred to as
"COISULTANT," i made and entered into this day of
1
RECITALS
WHEREAS, Client and Consultant entered into an agreement
for consulting services dated November 19, 1991 (hereinafter
referred to as the "Agreement and
WHEREAS, Client desires to provide additional facilities
and programs in support of the expansion of the City's wastewater
treatment plant, as described in Exhibit A, Description of
Project for Amendment No. 1.
NOW, THEREFORE, Client and Consultant agree to amend the
Agreement as follows:
I. SCOPE OF CONSULTING SERVICES
The Scope of Services in the Agreement is amended to
A. Design and Construction Phase Engineering Services
for installation and construction of compost
facilities at the Port Angeles Landfill; and
B. Development of a Silviculture Program; and
C. Design and Construction Phase Engineering Services
for construction of dechlorination facilities.
The scope of services is described in Exhibit B, Scope of
Services for Amendment No. 1.
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5, 010'7
II. SCHEDULE
Consultant is authorized to proceed with the modified
Scope of Services effective on the date of this Amendment. The
modified Scope of Services shall be completed as described in
Exhibit A, Description of Project for Amendment No. 1.
III. COMPENSATION
Compensation for the services provided under Article I of
this Amendment shall be calculated on the same basis as in the
Agreement as modified by any previous amendment(s). The labor
hours and cost estimates for completing the services defined in
this Amendment are shown in Exhibit C. The estimated
compensation for the services performed under this Amendment is
280,481 which increases the total estimated compensation under
the Agreement to $2. 035.
1
All other terms and conditions of the Agreement and any
amendments thereto remain unchanged.
BROWN AND CALDWELL, INC.
By
CITY OF PORT AN
LES
By
Name C J JW/35 Name TAMS I. HAL
Title /).4 Title
Date 91 Date
Amendment No. 1
August _26, 1993
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AMENDMENT NO. 1
TO
AGREEMENT FOR CONSULTING SERVICES
BETWEEN CITY OF PORT ANGELES
AND BROWN AND CALDWELL FOR
SUPPORT AND RELATED
EXPANSION OF THE PORT ANGELES TREATMENT PLANT
1. COMPOSTING FACILITIES
Exhibit A
August 26, 1993
Page 1 of 3
EXHIBIT A
DESCRIPTION OF PROJECT
In 1989, as part of the facility plan written for the City of
Port Angeles' sewer system upgrades, Consultant developed a
biosolids management plan. The recommended alternatives from
this plan included using dewatered biosolids for daily cover at
the City's landfill, liquid (or thickened) biosolids reuse in
silviculture or agricultural land application, and composting of
biosolids for City landscaping projects. This facility plan,
including the biosolids management components, was approved by
the Washington State Department of Ecology and the Environmental
Protection Agency.
Based on the adopted facility plan, the improvements to the
Port Angeles Wastewater Treatment Plant have been designed and
are under construction. Plant startup is underway and is
expected to run through the fall of 1993. Based on the approved
facility plan, the City had planned to begin using dewatered
biosolids in the landfill as soon as the plant was started up.
Until recently, reuse of biosolids as landfill daily cover
was considered acceptable practice provided the biosolids met the
free liquids ban in WAC 173 304 -460. Recent legislation now
prohibits the disposal of biosolids in landfills. WDOE Technical
Information Memorandum (TIM) Number 92 -3 clarifies the State's
policy on landfill disposal of biosolids and daily cover as a
no longer appropriate practice, unless under approved emergency
conditions. Based on this policy, the primary management
alternative recommended in the facility plan for the City of Port
Angeles' biosolids is no longer viable.
Based on this change, the City requested that Consultant
conduct a feasibility study for a yard waste and biosolids
composting facility. The study is complete, and recommends a
composting process based on aerated static pile methods, located
at the City landfill. The facilities will be designed and
constructed in a two -phase program to facilitate wastewater plant
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startup and gain operational experience prior to final
completion.
Pro Schedule
Notice to Proceed
Design Phase 1 Facilities
Bidding /Award of Contract
Phase 1 Construction Complete
Design Phase 2 Facilities
Bidding /Award of Contract
Phase 2 Construction Complete
2. SILVICULTURE PROGRAM
3. DECHLORINATION FACILITIES
Exhibit A
August 26, 1993
Page 2 of 3
Completion Dates
est. September 13, 1993
September 20, 1993
October 20, 1993
January 1, 1994
January 1, 1994
March 1, 1994
October 1, 1994
An important adjunct to other methods of biosolids handling
and disposal is the development of a viable, implementable
program for silvicultural application of biosolids on commercial
forest land. This work element includes developing the
basis /framework for a successful program, which will be
subsequently managed by the City as an integrated biosolids
program.
Schedule Completion Date
Notice to Proceed est. September 13, 1993
Site Evaluation September 27, 1993
Informational Workshop September 27, 1993
Permit Application November 15, 1993
Execute Contracts January 1, 1994
The City of Port Angeles "the City has been notified by
the Department of Ecology (DOE) that effluent limitations for
chlorine will be added to the National Pollutant Discharge
Elimination System (NPDES) permit for the treatment plant. In
order to comply with forthcoming limitations, the City has
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elected to dechlorinate its effluent by application of a sodium
bisulfite solution to the treatment plant effluent. Design is to
be completed in time for the dechlorination facility to be
constructed as part of the current treatment plant expansion.
The City has determined that a liquid bisulfite solution will
be used as the dechlorinating agent to simplify chemical handling
and improve operator safety. Various means of monitoring and
controlling the metering of sulfite solution into the chlorinated
effluent will be evaluated with City staff to determine the
control strategy best suited to the City's needs. Dechlorination
facilities will be designed to be capable of maintaining a zero
chlorine residual without exceeding a residual sulfite
concentration in the dechlorinated effluent of more than
0.4 mg /l.
Bulk chemical storage will be sized to accommodate a full
bulk truck load of solution and allow each storage tank to be
removed from service without interruption of the dechlorination
process. Sulfite solution will be metered directly from bulk
storage tanks. Day tanks will not be included in the facility.
These facilities will be housed in a new building adjacent to the
main plant entrance. Architectural features of the building will
be similar to the chlorination facilities and will blend with
other architecture on the site. Ventilation requirements will be
similar to those required for the disinfection building.
Wherever possible, design elements developed for other aspects of
the treatment plant expansion will be used in design of the
dechlorination facilities to facilitate the contractor's
schedule.
Pro Schedule
Notice to Proceed
50 Percent Design
90 Percent Design
100 Percent Design
Construction Complete
Exhibit A
August 26, 1993
Page 3 of 3
Completion Dates
est. September 13, 1993
September 20, 1993
October 1, 1993
October 8, 1993
February 1, 1994
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AMENDMENT NO. 1
TO
AGREEMENT FOR CONSULTING SERVICES
BETWEEN CITY OF PORT ANGELES
AND BROWN AND CALDWELL FOR
SUPPORT AND RELATED SERVICES FOR
EXPANSION OF THE PORT ANGELES TREATMENT PLANT
EXHIBIT B
SCOPE OF WORK
1. PORT ANGELES COMPOSTING FACILITIES
Based on the Feasibility Study and Preliminary Design report
prepared by Brown and Caldwell (June 16, 1992), and with the
City's concurrence, Brown and Caldwell will proceed with the
detailed design and construction support activities for the
recommended sludge -yard waste composting facility. The work
effort will include the following tasks;
1.1 Comoostina Predesian Study.
The Feasibility Study and Preliminary Design report
prepared by Brown and Caldwell (June 16, 1992) will be
revised and updated as needed to fulfill WDOE's
requirement for a predesign study report as a condition
of the compost facility design Centennial Grant. This
report will be sent to WDOE for approval.
1.2 Comnostina Facility Phase 1.
Design and construction of the composting facility at
the landfill (assumed the primary site) are impacted by
issues surrounding the landfill and its location
relative to the airport. In order to have a management
option available for sludge produced by the wastewater
treatment plant in the Fall of 1993 (plant startup), a
phase 1 composting facility will be initially
constructed at the landfill site. This task provides
for design and construction support activities for this
facility, which would be constructed by a contractor
obtained through the competitive bidding process.
Design will be limited to site drainage, paving and
grading, and construction of a pre- engineered metal
building. Scope assumes that the phase 1 facility will
not have water supply, electrical service, or
drainage /leachate pumping to landfill leachate system.
Building will be sized for both composting activities
and six months of compost storage to avoid impacting
the landfill surface water and leachate systems.
Exhibit B
August 26, 1993
Page 1 of 6
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Exhibit B
August 26, 1993
Page 2 of 6
Included in this scope are plans (4 site /civil
drawings, 2 structural drawings), bid documents and
technical specifications incorporated into the
WSDOT /APWA format. Construction support activities
include 40 hours during the bidding period /contract
award, and 80 hours of field inspection /monitoring (10
weeks at 8 hours per week).
1.3 Comoostina Facility Phase 2.
Assuming a favorable resolution of compost- related
siting issues at the landfill (estimated to be prior to
1993 year -end), the features necessary to complete the
composting facility at its phase 1 location will be
designed and constructed. The facility will be based on
the aerated static pile method of composting, using
both yard waste and digested /dewatered wastewater
biosolids. Included in the facility will be compost
mixing and screening equipment, odor control (using
biofilter technology), compost aeration equipment,
power and water supply, and leachate collection piping
for pumping to the landfill leachate treatment system.
Included in this scope are bidding documents, technical
specifications utilizing the WSDOT /APWA format, and the
following plans:
5 sitework /civil /electrical
3 building mechanical/ electrical
Construction support activities include 80 hours during
the bidding period /contract award, and 240 hours of
field inspection /monitoring during construction (20
weeks at 12 hours per week).
1.4 Permittina and Aaencv Coordination.
This task provides for coordination with the various
regulatory agencies including: Clallam County
Environmental Health Division, City of Port Angeles
Building and Utilities Departments, Washington State
Department of Ecology (Water Quality and Solid Waste
Divisions), Olympic Air Pollution Control Authority,
and Federal Aviation Administration. Potential permits
required for the composting facility include: building
permits, landfill (county environmental health division
solid waste) site operating permit, water quality
permit (for leachate system), NPDES sludge utilization
permits required by 40 -CFR -503 regulations.
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1.5 Proiect Manaaement.
This task provides for coordination of design and
construction support activities.
2. SILVICULTURE PROGRAM
This scope of work is focused on the preparation of a
specific implementable program to use biosolids from the Port
Angeles Wastewater Treatment Plant as a soil conditioner and
nutrient source for commercial tree growing operations. The work
includes the following tasks:
2.1 Site Locations.
This task will define suitable sites and ownership of
commercial tree growing lands (public or private)
within a 30 mile radius of Port Angeles. Topographic,
soils and County assessor's maps will be used.
2.2 Contact Owners.
Owners of potentially suitable sites will be contacted
to determine level of interest.
2.3 Informational Workshop.
This task involves conducting an informational meeting
of City, interested owners, WDOE and County Health
Department representatives. The meeting will be
designed to clearly define the components and
implementation of an effective silviculture program,
including risks, benefits, and the historic
responsibilities of parties involved in on -going
programs. The meeting output will be a sign -up
commitment of owners, a clear understanding of WDOE and
health department concerns, and definition of further
informational needs and scheduling of implementation
steps.
2.4 Site Visits.
Visit five potential sites with City, owners, WDOE and
health department representatives.
2.5 Preoare Applications.
This task includes preparation of applications to the
County Health Department for defined sites, including
detailed operational and monitoring plans.
Followup /response to County questions and commentary
will be provided.
2.6 Contract Assistance.
This task includes assistance to the City in
preparation of contracts with individual land owners.
Exhibit B
August 26, 1993
Page 3 of 6
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2.7 Implementation.
This task includes on -call assistance to the City in
implementation of specific operational plans.
3. DECHLORINATION FACILITY
Design documents will be prepared as a change order to the
existing construction contract and will not include bid documents
or contract forms required for a new contract. The change order
will be comprised of drawings, a list of work items, and
specification modifications necessary to adequately describe work
required for construction of the dechlorination facility.
Consultant will provide the following services in order to
design, manage construction, and assist operations startup of a
dechlorination facility for the City of Port Angeles:
3.1 Process Control and Control Strateav Development.
Alternative process control scenarios will be developed
and discussed with City staff and the Engineer will
recommend a process control system. A flexible means
of process control will be selected as the basis for
design of the dechlorination facilities. Control
strategy narratives will be prepared for discussion
with City staff and inclusion in the dechlorination
facility change order.
3.2 Prepare Design Drawinas. Design drawings depicting the
Architectural, Process, Structural, Mechanical,
Electrical, Civil, and Instrumentation requirements for
the dechlorination facility will be prepared. As much
as practicable, the dechlorination facility will
utilize design elements developed and prepared for
other aspects of the treatment plant expansion,
particularly with respect to the Mechanical,
Architectural, and Structural disciplines.
3.3 Tabulate Eauipment and Instrumentation Reauirements. A
list of equipment and instruments required for the
dechlorination system will be tabulated for inclusion
in the change order and to serve as a checklist to
insure that the change order fully describes the
required work. The equipment list will include
information found in the equipment list in Section
11009 of the contract documents and any additional
information required for coordination of the change
order.
3.4 Revise and Check Specifications. Existing contract
documents will be referenced and reviewed to determine
if equipment, labor, materials, and instrumentation
Exhibit B
August 26, 1993
Page 4 of 6
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required for the dechlorination facilities is
adequately defined. Where revisions, modifications, or
additions to existing sections of the contract
documents are required to adequately describe
construction and installation of the dechlorination
facilities they will be noted in the change order. New
specification sections will be prepared and included in
the change order as necessary to describe equipment,
instrumentation, labor, and materials used in
construction of the dechlorination facility.
3.5 Prepare Dechlorination Facilities Chanae Order.
Prepare an itemized list of additions and changes to
the existing contract documents necessary to fully
describe the work required to construct the
dechlorination facilities. The change order will be
formatted similar to an addendum. This format will
enable the contractor to complete work identified in
the change order in accordance with the existing
contract documents except as identified otherwise in
the change order. The change order will include an
equipment list identifying all new equipment and
instrumentation required for the facility as described
in Task 3.3; necessary revisions, modifications and
revisions to the specifications identified in Task 3.4
and; new civil architectural, process, mechanical,
structural, electrical, and instrumentation design
drawings depicting work identified in the change order
(Task 3.2).
3.6 Oualitv Assurance. A senior engineer from the
Engineer's staff will review the design documents for
the dechlorination facility. Constructability of the
facility, cost effectiveness of the design, and
instrumentation and mechanical configurations will be
reviewed. Cross checks for internal coordination of
design documents and review of design calculations will
be performed by an engineer from the Engineer's staff
independent of the dechlorination project team.
3.7 Construction Cost Estimating. An estimated cost for
construction of the dechlorination facilities will be
prepared from equipment and materials costs obtained
during design and from a knowledge of current labor
rates.
3.8 Desian Proaress Meetinas. In addition to regular
contact via telephone conversations, design elements,
requirements, and progress will be discussed with City
staff. Two meetings are included in this task.
Exhibit B
August 26, 1993
Page 5 of 6
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3.9 Construction Phase Services. Construction phase
services described in Task 2 of the Construction Phase
Services Contract with the City will be provided for
the dechlorination facility.
3.10 Operations Startup Services. Operations startup
services described in Task 3 of the Construction Phase
Services Contract with the City will be provided for
the dechlorination facility.
3.11 Project Manaaement. Project management of the
dechlorination facilities will be provided as described
in Task 4 of the Construction Phase Services Contract.
Exhibit B
August 26, 1993
Page 6 of 6
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Exhibit C
August 26, 1993
Page 1 of 3
AMENDMENT NO. 1
TO
AGREEMENT FOR CONSULTING SERVICES
BETWEEN CITY OF PORT ANGELES
AND BROWN AND CALDWELL FOR
SUPPORT AND RELATED SERVICES FOR
EXPANSION OF THE PORT ANGELES TREATMENT PLANT
EXHIBIT C
COMPENSATION
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PORT ANGELES COMPOSTING FACILITIES COST SUMMARY
COST SUMMARY FOR AMENDMENT NO. 1
Task Description Labor Direct Costs Fee Total
1.1 Finalize Draft $2,089 $1,150 $313 $3,552
1.2 Phase I Design/ CM $30,344 $2,185 $4,552 $37,080
1.3 Phase II Design/ CM $63,204 $4,485 $9,481 $77,169
1.4 Permitting $7,962 $644 $1,194 $9,800
1.5 Project Management $11,691 $460 $1,754 $13,904
Total $115,289 $8,924 $17,293 $141,506
PORT ANGELES SILVICULTURE PROGRAM COST SUMMARY
Task Description Labor Direct Costs Fee Total
2.1 Site Definition $3,959 $460 $594 $5,012
2 2 Contact Owners $1,731 $115 $260 $2,105
2.3 Informational Workshop $14,890 $1,760 $2,233 $18,883
2.4 Site Visits $2,884 $575 $433 $3,892
2 5 Prepare Applications $13,769 $2,185 $2,065 $18,019
2.6 Contract Assistance $5,404 $610 $811 $6,824
2.7 Implementation $8,627 $293 $1,294 $10,214
Total $51,262 $5,997 $7,689 $64,949
PORT ANGELES DECHLORINATION DESIGN COST SUMMARY
Task Description Labor Direct Costs Fee Total
3.1 Process Control and Control Strategy Development $4,394 $787 $659 $5,841
3.2 Prepare Design Drawings $22,671 $5,161 $3,401 $31,233
3 3 Tabulate Equipment and Instrumentation Requirements $417 $201 $63 $680
3.4 Revise and Check Specifications $3,379 $345 $507 $4,230
3 5 Prepare Dechlorination Facilities Change Order $1,239 $161 $186 $1,586
3 6 Quality Assurance $3,867 $673 $580 $5,120
3 7 Construction Cost Estimating $3,062 $293 $459 $3,815
3.8 Design Progress Meetings $2,017 $312 $303 $2,631
3.9 Construction Phase Services $6,128 $587 $919 $7,634
31 Operations Startup Services $4,188 $734 $628 $5,549
3.11 Project Management $4,664 $351 $700 $5,714
Total $56,025 $9,604 $8,404 $74,033
Labor Direct Costs Fee Total
Totals for Amendment No. 1 $222,575 $24,525 $33,386 $280,487
9/8/932 43 PMAMNDI SUM XLS
AGREEMENT FOR
CONSTRUCTION PHASE ENGINEERING SERVICES
BETWEEN THE CITY OF PORT ANGELES
AND BROWN AND CALDWELL FOR
EXPANSION OF THE PORT ANGELES TREATMENT PLANT
5,
THIS AGREEMENT, made and entered into on this /q4---day
of 7 rr p A p i c. 1991, by and between the City of Port
Angeles, hereinafter referred to as "Owner," and Brown and
Caldwell, Inc., a California corporation, hereinafter referred to
as "Engineer;"
WITNESSETH:
WHEREAS, Owner is obligated to abide by a Federal Court
Consent Decree (Consent Decree) negotiated with the Federal
Environmental Protection Agency (EPA) and the Washington State
Department of Ecology (WDOE) to upgrade its wastewater facilities
to secondary treatment and reduce the current levels of combined
sewer overflows; and
WHEREAS, Owner has selected Engineer to provide
construction management and operations and maintenance services
for the City's wastewater treatment plant expansion project; 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 Project is as described in
Exhibit A, entitled "Description of Project," dated November 8,
1991. If, during the course of Project, Owner and Engineer agree
to changes in Project, such changes shall be incorporated in this
Agreement by written amendment.
II. SCOPE OF ENGINEERING SERVICES
Engineer agrees to perform those services described
hereafter. Unless modified in writing by both parties, duties
of Engineer shall not be construed to exceed those services
specifically set forth herein.
A. Planned Enaineerina Services
Engineer agrees to perform those planned tasks described
in Exhibit B, entitled "Scope of Work -City of Port Angeles
Treatment Plant Expansion," dated November 8, 1991.
Agreement -Page 1 of 10
November 8, 1991
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B. Special Engineerina Services
Owner and Engineer agree that not all work to be
performed by Engineer can be defined in detail at the time this
Agreement is executed, and that incidental engineering work
related to Project and not covered in Exhibit B may be needed
during performance of this Agreement. Such work shall be
classified as Special Engineering Services. Compensation for
such services shall be as agreed to by Owner and Engineer, and
set forth in the written authorization for Special Services.
Special engineering services include, but are not
limited to:
1. Soils investigations, including test borings, related
analyses and recommendations, for design purposes only.
2. Mill, shop, and laboratory observation of materials and
equipment.
3. Land surveys, establishment of lines and grades, base
lines and monuments, and related office computations and
drafting.
4. Field layouts for construction, except as provided in
Exhibit B.
5. Assistance to the City as expert witness in arbitration
or litigation arising from development or construction of
Project. Assistance in resolving bid protests.
6. Services resulting from the failure of the construction
contractor to carry out his contract to complete his work
within the scheduled time.
7. Plotting, computing, preparing, and filing descriptions
of easements and rights -of -way.
8. Preparation for and attendance at meetings at the request
of the City to present information regarding the Project,
except as otherwise provided in Exhibit B.
9. Preparation or review of designs prepared by others for
sheeting, shoring, or other methods by the Contractor to
provide adequate safety during construction.
10. Consultation or other services not otherwise provided in
this agreement.
11. Task 3.4 in Exhibit B, Scope of Work, provides for
first year operations support for DOE certification.
The following two subtasks will be funded in the future
Agreement -Page 2 of 10
November 8, 1991
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if corrective action reports or recertification are
required.
3.4.7 Brown and Caldwell will provide technical support
in implementing all corrective action reports.
3.4.8 Develop any addenda to the original certification
report for the City to submit for recertification.
Assist the City in coordination with DOE during
the certification period.
III. SCOPE OF OWNER SERVICES
Owner agrees to provide facilities and equipment and to
perform the following services:
A. Providing surveying services to establish project axis,
permanent bench marks, and subsequent verification of
contractor's horizontal and vertical layouts.
B. Approving and paying acceptable progress payment
requests.
C. Maintaining the Owner's project accounting system to
collect and track project income and expenses.
D. Providing legal services related to required contracts,
permits, insurance certificates, rights -of -way, inter-
agency agreements, and construction dispute resolution,
if required.
E. Timely consideration of proposed change orders.
F. Initiating Owner requested changes.
G. Payment of fees for Public Notice of Solicitation for
Bids with newspapers or other public media.
H. Providing available information related to Project.
I. Providing direct communication with regulatory agencies
regarding the Project.
J. Designating an Owner representative to provide timely
direction to Engineer and render City decisions.
K. Awarding construction contracts, including receiving the
required contractor documents, issuing notice of award,
executing the construction agreement with the successful
contractor, and issuing notice to proceed.
Agreement -Page 3 of 10
November 8, 1991
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A
Owner shall appoint an Owner's representative with
respect to work to be performed under this Agreement. Owner's
representative shall have complete authority to transmit
instructions, receive information, and interpret and define
Owner's policies. Engineer shall be entitled to rely on
representations made by Owner's representative unless otherwise
directed in writing by Owner.
IV. AUTHORIZATION, PROGRESS, AND COMPLETION
A. The parties hereto understand that the secondary
treatment plant must achieve secondary effluent
compliance prior to January 1, 1994, in order to be in
compliance with the Federal Consent Decree and letter of
extension contained in Exhibit D.
B. Time is of the essence in the performance and completion
of the work and services required under this Agreement.
The Owner and the Engineer agree that the project is
planned to be completed in accordance with the project
schedule in Exhibit A. The Engineer shall employ
manpower and other resources and use professional skill
and diligence to meet the schedule; however, the Engineer
shall not be responsible for schedule delays resulting
from conditions beyond Engineer's control. With mutual
agreement, the Owner and the Engineer may modify the
project schedule during the course of the project, and
if such modifications affect the Engineer's compensation,
it shall be modified accordingly. Engineer will pay any
stipulated penalties that Owner may become obligated to
pay under said Consent Decree, to the extent and in the
proportion that such penalties are caused by delay or
other violation attributable to the failure of Engineer
to perform the work, duties and services required
under this Agreement. The Engineer is not otherwise
responsible for expenses due to delays of the Contractor.
C. Specific authorization to proceed is hereby granted for
the work described in Exhibit B.
D. For special services, authorization by Owner shall be in
writing and shall include a mutually acceptable
definition of the work to be done, a mutually acceptable
schedule for commencing and completing the work and a
mutually acceptable basis for compensation for the work.
V. COMPENSATION
For the services described in Exhibit B, Owner agrees to
pay, and Engineer agrees to accept, compensation in accordance
with Exhibit C. Compensation shall be billed monthly in summary
form. Payment to Engineer is due upon presentation of invoice
Agreement -Page 4 of 10
November 8, 1991
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to Owner. If payment is not made within 30 days of a properly
documented and valid invoice, interest on the unpaid balance
shall accrue, beginning with the 31st day, at the rate of 1.5
percent per month or the maximum interest rate permitted by law,
whichever is less. Such interest is due and payable when the
overdue payment is made.
Charges for direct expenses determined in accordance
with Exhibit "B" shall be billed in summary form to the Owner
in calendar monthly billing periods. Upon Owner request,
Engineer will provide detailed explanation of all direct expense
items.
If, during the life of this Contract, the State of
Washington imposes a retail sales tax on professional engineering
services, the costs of such tax shall be the responsibility of
Owner and compensation cost ceilings shall be increased by the
amount of such tax.
VI. RESPONSIBILITY OF ENGINEER
A. Engineer is employed to render a professional service
only, and any payments made to Engineer are compensation
solely for such services rendered and recommendations
made in carrying out the work. Engineer shall follow the
practice of the engineering profession to make findings,
provide opinions, make factual presentations, and provide
professional advice and recommendations.
B. In performing construction management services, Engineer
shall act as agent of Owner. Engineer's review or
supervision of work prepared or performed by other
individuals or firms employed by Owner shall not relieve
those individuals or firms of complete responsibility for
the adequacy of their work.
C. It is understood that any resident engineering or
inspection provided by Engineer is for the purpose of
determining compliance with the technical provisions of
Project specifications and does not constitute any form
of guarantee or insurance with respect to the performance
of a contractor. Engineer does not assume responsibility
for methods or appliances used by a contractor, for the
safety of construction work, or for compliance by
contractors with laws and regulations.
D. Engineer represents that it is fully experienced,
properly qualified, registered, licensed, equipped,
organized and financed to perform the work under this
Agreement. Engineer shall act as an independent
contractor in performing this Agreement, retaining
complete control over its employees and all of its
Agreement -Page 5 of 10
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A
suppliers and subcontractors. Nothing contained in this
Agreement or any subcontract shall create any contractual
relationships between any such supplier or subcontractors
and Owner. Engineer shall perform its work hereunder in
accordance with its own methods, subject to compliance
with the Agreement. Engineer shall be solely responsible
for any claims for wages or compensation, or claims under
the Workers' Compensation Act or any other claims by
or on behalf of Engineer's employees, agents and
representatives, including subconsultants, and shall
save and hold Owner harmless therefrom.
E. Engineer represents that it has, or will obtain, all
personnel necessary to perform the services required
under this Agreement, and that such personnel shall be
qualified, experienced and licensed, as may be necessary
or required by laws and regulations, to perform such
services. Engineer will remove from Project any of its
subconsultants or personnel assigned to Project, if,
after the matter has been thoroughly considered by Owner
and Engineer, Owner considers such removal necessary and
in the best interests of Project, and so advises Engineer
in writing.
F. Engineer shall comply, and shall ensure that its
subcontractors comply, with all Federal, State and local
laws, regulations and ordinances, and Federal and State
grant agreements applicable to the work and services to
be performed under this Agreement.
VII. INDEMNIFICATION
Engineer shall indemnify, defend and hold harmless Owner,
and all of Owner's officers, employees, principals and agents,
from all claims, demands, suits, actions and liability of any
kind, including injuries to persons or damages to property, which
are due to any negligent or intentional wrongful acts, errors or
omissions of Engineer and /or Engineer's employees, agents,
subcontractors and representatives, in performing work, services
and duties under this Agreement. In the event of any such
claims, demands, suits, actions or lawsuits, Engineer shall
assume all costs of defense thereof, and of all resulting
judgements that may be obtained against Owner, or any of its
officers, employees, principals or agents. Engineer shall, at
once, cause the same to be dissolved and discharged by giving
bond or otherwise.
VIII. INSURANCE
During the life of this Agreement, Engineer shall
maintain the following minimum insurance:
Agreement -Page 6 of 10
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1. Commercial general liability insurance, including
personal injury liability, blanket contractual liability
and broad -form property damage liability coverage. The
combined single limit for bodily injury and property
damage shall be not less than $2,000,000.
2. Automobile bodily injury and property damage liability
insurance covering owned, non owned, rented and hired
cars. The combined single limit for bodily injury and
property damage shall be not less than $2,000,000.
3. Statutory workers' compensation and employers' liability
insurance as required by state law.
4. Professional liability insurance. The limit of liability
shall be not less than $1,000,000.
Upon request, Engineer shall submit to Owner certificates
of insurance for the policies listed above. The certificates
shall provide that the insurance company give written notice to
Owner at least 30 days prior to cancellation of, or change of,
any material in the policy.
IX. WORK INVOLVING ASBESTOS
If asbestos or hazardous substances in any form are
encountered or suspected, Engineer will stop its own work in the
affected portions of the project to permit testing and evaluation
of the problem. If asbestos is confirmed, Owner will engage a
specialty consultant or contractor to study the affected portions
of the work and perform all remedial measures. If hazardous
substances other than asbestos are suspected, Engineer will
conduct tests to determine the extent of the problem and will
perform the necessary studies and recommend the necessary
remedial measures at an additional fee to be negotiated.
X. SUBCONTRACTS
Engineer shall be entitled, to the extent determined
appropriate by Engineer, to subcontract any portion of the work
to be performed under Project. Subcontractors will be employed
as acceptable to Owner. Engineer shall be responsible to Owner
for the actions of persons and firms performing subcontract work.
XI. ASSIGNMENT
This Agreement is binding on the heirs, successors and
assigns of the parties hereto. This Agreement may not be
assigned by Owner or Engineer without prior written consent of
the other.
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XII. INTEGRATION
This Agreement represents the entire understanding of
Owner and Engineer as to those matters contained herein, and no
prior oral or written understanding shall be of any force or
effect with respect to those matters covered hereunder; provided,
however, that Owner's rights and remedies in this Agreement shall
be in addition to any other rights and remedies provided by law;
and provided, further, that nothing in this Agreement shall be
construed to limit the liability of Engineer for work not done in
accordance with the Agreement, or express or implied warranties.
This Agreement may not be modified or altered except in writing
signed by both parties; provided, however, that Owner may direct
Engineer to revise portions of the work or to make changes in the
scope of engineering services; and provided, further, that if
such changes cause an increase or decrease in Engineer's cost of,
or time required for, any services under this Agreement, an
equitable cost and /or completion time adjustment shall be made,
and this Agreement shall be modified accordingly by mutual
agreement.
XIII. JURISDICTION
This Agreement shall be administered and interpreted
under the laws of the State of Washington. Jurisdiction and
venue of any litigation arising from this Agreement shall be
exclusively in the Superior Court of the State of Washington in
and for Clallam County. 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
laws, but the remainder of this Agreement shall be in full force
and effect.
XIV. SUSPENSION OF WORK
Owner may suspend, in writing, all or a portion of the
work under this Agreement, if unforeseen circumstances beyond
Owner's control make normal progress of the work impossible.
Engineer may request that the work be suspended by notifying
Owner, in writing, of circumstances that are interfering with
the normal progress of work. Engineer may suspend work on
Project in the event Owner does not pay invoices when due. The
time for completion of the work shall be extended by the number
of days work is suspended. If the period of suspension exceeds
90 days, the terms of this Agreement are subject to re-
negotiation, and both parties are granted the option to terminate
work on the suspended portion of Project, in accordance with
Article XV.
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XV. TERMINATION OF WORK
Owner may terminate all or a portion of the work covered
by this Agreement for its convenience. Owner or Engineer may
terminate work if the other party fails to perform in accordance
with the provisions of this Agreement by providing 15 days prior,
written notice to the other by certified mail, with receipt for
delivery returned to the sender. In the event of termination,
Engineer shall perform such additional work as is necessary for
the orderly filing of documents and closing of Project. The time
spent on such additional work shall not exceed 10 percent of the
time expended on Project prior to the effective date of
termination. Engineer shall be compensated for work performed
prior to the effective date of termination, plus work required
for filing and closing as described in this Article. Working
documents, drawings, calculations and all project design
materials shall be turned over to Owner upon request.
XVI. ENVIRONMENTAL PROTECTION AGENCY (EPA) REQUIREMENTS
FOR CONSULTING ENGINEERING AGREEMENTS
EPA requirements for consulting engineering agreements,
as outlined in EPA Appendix C -1, 40 CFR Part 35, subpart E, pages
536 -540 (1990 Code of Federal Regulations), and as reprinted in
Exhibit E of this Agreement, are incorporated into this Agreement
in full. If a conflict exists between provisions of the EPA
requirements and other portions of this Agreement, the EPA
requirements shall prevail.
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XVII. OWNERSHIP OF DOCUMENTS
The Engineer agrees that ownership of any plans,
drawings, designs, specifications, computer programs, technical
reports, operating manuals, calculations, notes, and other work
submitted or which are specified to be delivered under this
Agreement or which are developed or produced and paid for under
this Agreement, whether or not complete (referred to in this
section as "subject data shall be vested in the City or such
other local, state, or federal agency, if any, as may be provided
by separate contract with the City.
BROWN AND CALDWELL OWNER
Signat e
-EaleGE T fiMS W
Printed name Printed name
Title
9/
Date Date
Agreement -Page 10 of 10
November 8, 1991
S i�efjture
Joan K. Sargent
Mayor
Title
November 19, 1991
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EXHIBIT A
DESCRIPTION OF PROJECT
The City of Port Angeles has a 20 -year wastewater capital
improvement program (CIP) which includes work upon its treatment
plant and collection system. The CIP is outlined in a document
which was approved as an Engineering Report on December 8, 1989,
and as a Facility Plan on August 12, 1991, by the Washington
Department of Ecology (WDOE) and the Environmental Protection
Agency (EPA), respectively. The initial construction contract
includes expansion of the treatment plant to secondary and minor
improvements to collection system Pumping Station 4.
The treatment plant will be expanded from a primary plant
currently receiving 4.5 mgd (design flow maximum month) to a 6.7
mgd secondary plant. Peak secondary flow will be 10.6 mgd, and
peak primary flow will match existing influent peaks of 13.4 mgd.
The plant will meet standard secondary and 85 percent removal
criteria for BOD and suspended solids.
Flow will be screened, metered, and apportioned to one new
and one existing primary. Secondary treatment will be provided
by the trickling filter /solids contact (TF /SC) process.
Disinfection will be accomplished using liquid sodium
hypochlorite. Dechlorination will not be provided. Following
primary sedimentation, the flow will be lifted at a pumping
station that serves both as a trickling filter circulation
station and intermediate lift station to allow continued use
of the plant's existing outfall. Grit and screenings will be
permanently removed from the flow. Trickling filter effluent
will be degritted to remove snails. Sludge thickening will be
provided in a gravity thickener prior to stabilization in
anaerobic digesters converted to parallel operation. Personnel
and laboratory facilities will be expanded. Sludge dewatering
facilities will allow either thickened or dewatered sludges to be
produced to facilitate several sludge disposal options. Initial
sludge disposal will be as an additive in the daily cover at the
City's landfill.
Pumping Station 4 will have a third pump installed as a
standby unit in an auxiliary outdoor enclosure until Pumping
Station 4 is completely upgraded later in the wastewater program.
An emergency sludge holding pond will be constructed at the
City's landfill.
The Owner will bid and construct the project through a
single construction contract. Brown and Caldwell will provide
construction management services and operations startup services.
Exhibit A -Page 1 of 2
November 8, 1991
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Proiect Schedule
Dates
Advertise for construction bids October 17, 1991
Open bids December 11, 1991
Start construction January 6, 1992
Substantial completion September 30, 1993
Achieve secondary effluent compliance
and final completion (724 calendar days) January 1, 1994
Exhibit A -Page 2 of 2
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EXHIBIT B
SCOPE OF WORK
The Engineer is to appoint from the Engineer's staff a
Construction Manager. The Construction Manager is to represent
and act on behalf of the Owner in administering the agreements
between the Owner and the Contractor. In doing this, the
Construction Manager becomes the central point of communication
between the Engineer, the Contractor, and the Owner. The
authority limits of the Construction Manager in contract
administration are as defined in the Contracts Administration
Manual (CAM) prepared by the Construction Manager and approved by
the Owner. No provisions for travel and subsistence expenses to
points other than the Owner's office and the project site, such
as factory or supplier inspection, have been included in this
contract.
Task 1 Bid and Award Phase Services
Provide the following services during the bid and award
phase, beginning with bid advertisement and continuing through
construction contract award.
1.1 Bid Management Advertise locally and distribute plans
to the bidding community. Advertising and postage fees
will be recouped by a reasonable charge for the plan
sets. Monitor the bidding process for bidder interest
and participation. Advise Owner on scheduling of bid
phase activities including pre -bid conference, issuance
of addenda, bid protest and receipt of bids. Maintain a
written record of all bidder queries and engineering
responses during the bid phase. Prepare and issue any
addenda necessary to clarify issues arising during the
bid phase. Appearance at bid protest hearings and
effort necessary to rebid the contract are not included
in this contract.
1.2 Pre -bid Conference Schedule and conduct a pre -bid
conference. As part of the pre -bid conference, conduct
a tour of the site for bidders. Publish meeting notes
of the pre -bid conference. Issue any addenda necessary
to clarify issues arising from the pre -bid conference.
1.3 Pre -bid Schedule Prepare an outline (less than 50
tasks items) pre -bid schedule to assist bidders in
quickly becoming familiar with the particular nature of
this project and its typical schedule construction
constraints. This pre -bid schedule is a quick
communication enhancement and does not constrain the
bidder from other alternative scheduling.
Exhibit B- -Page 1 of 10
November 8, 1991
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1.4 Contracts Administration Manual Develop a Contracts
Administration Manual (CAM) to establish detailed day
to day procedures for administering the construction
contract. Obtain comments from the Contractor,
Engineer, Washington Department of Ecology, and Owner
before finalizing and publishing this manual.
A draft Quality Assurance /Quality Control (QA /QC) report
was previously submitted to the State during the design
phase of work. As the CAM and QA /QC plan cover many of
the same topics, the QA /QC plan will be updated after
the CAM has been finalized and a separate QA /QC
submission will be made to the State.
1.5 Bid Review Assist Owner with receiving and opening
bids, following established procedures. Evaluate bids.
1.6 Contract Award Prepare a recommendation of award
action for the Owner. Assist Owner with post bid award
actions such as receiving any required bid supporting
documents, issuing the notice of award, executing the
construction agreement with the successful bidder, and
issuing the notice to proceed.
Task 2 Construction Phase Services
The budget for all construction phase services is based upon
the schedule shown in Exhibit A, Description of Work. Services
for construction beyond that time will be negotiated as Special
Engineering Services in accordance with paragraph II.B of the
Agreement.
Provide the following construction contract administration
services for the contract.
2.1 Establish and Maintain Coordination Procedures
Conduct a pre- construction conference to implement the
administrative procedures agreed upon in the CAM. In
cooperation with the Contractor establish and implement
a short -term (6 week) schedule of activities for project
mobilization. Distribute the final version of the CAM
to the appropriate parties. Prepare and distribute
meeting notes to all attendees.
Attend a Project Management Conference chaired by WDOE
preceding the preconstruction conference discussed
above.
2.2 Conduct and Record Job Meetings Establish, chair,
prepare meeting notes and monitor follow up for action
items from twice monthly regular job meetings.
Establish, chair, prepare meeting notes and monitor
Exhibit B -Page 2 of 10
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follow up for action items from any specially required
meetings such as shutdowns and tie -ins to the existing
plant and special submittal resolution meetings.
2.3 Maintain Proiect Records and Documentation Maintain
detailed records of the project including daily logs,
inspection reports, photos, detailed equipment and
materials submittal records, measurements of quantities,
schedules, and all manner of job correspondence. All
documents required to be processed offsite (Request for
Information, Equipment Submittals, etc.) will be tracked
by our self alerting database system.
2.4 Status Rebortina System Prepare and submit to the
Owner a monthly progress report giving an overall
"executive summary" assessment of the work to date. Any
significant variances between planned and actual results
will identified, discussed and corrective action will be
recommended. Upon concurrence of the Owner, implement
the recommended corrective action.
2.5 Chanae Order Processing Maintain an overall
assessment of change orders in processing, pending
change orders and advise city on possible operation and
maintenance implications as well as assess potential
contract progress and cost impacts. Focus and define
the scope of work for each potential change as it is
identified. Represent the Owner's interest in timely
negotiating change orders. Prepare change orders
formally modifying the construction contract for the
Owner's and Contractor's review and approval.
Coordinate execution of these documents and
implementation of the work into the management plans.
Processing of change orders shall be consistent with the
Owner's change order policy as set forth in Port Angeles
City Council Resolution No. 7 -91.
2.6 Grants Administration and Community Relations
a. Maintain liaison with DOE on matters of:
Exhibit B -Page 3 of 10
November 8, 1991
1. verification of grant eligibility.
2. processing grant reimbursements.
3. change order eligibility.
4. required grant submittals and amendments.
b. Maintain a project accounting /records system to
track planned vs actual progress for the Owner's
information and to aid in a successful final audit.
c. Plan a projected cash flow table and graph to assist
Owner. Monitor planned vs actual cash flow monthly
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and reproject cash flow whenever a variance of more
than 10 percent occurs. This cash flow is to include
cost elements of the construction contract,
construction management, and design engineering cost
to assist the Owner in short -term investment
planning.
d. Consult with Owner legal staff on construction
contract matters as the occasion arises. Consultant
is not to provide legal advice. Any required bid
protest assistance or expert witness services are
additional services.
e. Establish and maintain communications and working
relations with the community. Attend meetings with
community representatives to provide information
about the project. Serve as the initial point of
communication with affected community members during
construction and respond to their questions and
concerns. Assist the Owner in dealing with the
community.
2.7 Submittal Reviews Provide Contractor lists of
submittals and product data in accordance with Section
01300 of the Project Manual. Review samples, catalog
data, schedules, shop drawings, laboratory, shop mill
test of material equipment other data which the
contractor is required to submit, for compliance with
design concept and general conformity to the contract
drawings and specifications.
Reviews of multiple non conforming submittals for
any one item in excess of three times and review of
substitutions or cost savings alternative proposals from
the Contractor are to be backcharged to the contractor
by the city and the Engineer is to receive additional
compensation beyond the basis of this contract. The
Engineer will keep detailed records of costs associated
with these reviews.
2.8 Provide Field Observation for Conformance to Plans and
Specifications Interpret and clarify the plans and
specifications. Prepare supplementary sketches to
resolve actual field conditions encountered. Provide
construction observation to monitor conformance of the
Contractor's work with plans and specifications. Report
nonconformance and construction deficiencies to the
Contractor and to the Owner. Identify corrective
actions acceptable to all parties and follow up on its
implementation. Field office facilities, furnishings
and utilities services are to be provided by the
Contractor.
Exhibit B- -Page 4 of 10
November 8, 1991
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2.9 Estimatina Anticipated to be provided by sub contract
below.
2.10 Schedulina Review and critique the Contractor's
initial construction schedule, submittals, updates, and
revisions in accordance with the contract documents.
Evaluate monthly progress payment requests and recommend
payment to the Contractor based upon the Construction
Manager's judgement of the value of work completed
during the payment period and the requirements of the
contract. Evaluate the impact of change orders on the
construction schedule to recommend eligible time
extensions.
2.11 Soecialtv Sub Consultants Engage, coordinate and
supervise the work of the following sub consultants:
a. Geotechnical Sub consultant Assist with
inspection of critical earth bearing foundation
structures such as piling and shoring walls.
Consult and define solutions for any suspect spread
footing foundation problems identified by the
Construction Manager. Consult and define solutions
for any unusual earth movements observed by the
Construction Manager.
b. Construction Materials Testing Laboratory Perform
representative on -site testing of concrete mix and
laboratory testing of concrete strength. Perform
representative gradation and in -place density
testing of earthen foundation materials for all
spread footing structures. Perform representative
gradation and in -place density testing of backfill
material for approximately on half of the structures
and pipe trenches. Perform representative on -site
testing of asphalt and laboratory testing of
stability.
c. Noise Control Measure and recommend improvements
to construction noise at milestone changes in the
predominate noise nature of the work. Measure and
report conformance to noise requirements of the
specifications. Review and advise on any special
noise problems associated with plant equipment
and /or its installation characteristics.
d. Cost Estimating Provide timely independent cost
estimates for all individual proposed contract
modifications projected to exceed $10,000. Timely
review and critique contractor's estimate for
individual proposed contract modifications projected
to be less than $10,000
Exhibit B -Page 5 of 10
November 8, 1991
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e. Dewatering System Review Provide geohydrological
expertise to review the Contractor's dewatering
submittals and recommend to the Construction Manager
scheduling and procedure improvements to the
construction sequence related to the control of
water.
f. O &M Manual Preparation Provide draft verbage for
the draft and final O &M Manual. Figures and general
manual coordination and document production remain
with Brown and Caldwell.
2.12 Surveying Surveying services are to be provided
by the Owner or his representative. Work under this
Agreement includes coordination with the surveyor
either directly or through the Owner as defined in the
Contracts Administration Manual.
2.13 Proiect Completion
a. Schedule and conduct substantial completion
inspections, issue punch lists, review contract
compliance, and recommend acceptance by the Owner.
Assist in negotiation of unsettled changes or
disputes. When all final punch list items have been
completed or resolved, recommend to the Owner final
acceptance. Prepare a Certificate of Completion.
Obtain from the Contractor all bonds, guarantees,
spare parts, O &M Manuals, and record drawings and
deliver to Owner.
b. Review the required marked -up set of record
documents submitted by the Contractor for
completeness and compliance with the Project Manual.
c. Provide limited as- building services to the Owner.
After the Owner, Engineer, and Construction
Manager have reviewed the record drawings, the
electronically produced Project Manual drawings will
be as -built or supplementary drawings prepared for
those disciplines of highest priority to the Owner.
Services to be provided are limited to the level of
effort negotiated for this specific subtask, with
any residual as- building to be completed by the
Owner.
d. Prepare a final project report for the project
including:
Exhibit B -Page 6 of 10
November 8, 1991
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1. Total project cost analysis.
2. Project progress analysis of planned and actual
milestones.
3. Summary of contract startup, closeout, and
acceptance including the final resolution of
claims or disputed work.
Task 3 Operations Startup Services
3.1 Plan of Operation Prepare a plan of operation
encompassing the implementation steps required and
schedule to bring the completed facility on line.
Prepare the plan consistent with Washington Department
of Ecology (DOE) guidelines. Update the plan during the
first month of construction and again at the 50 percent
level of construction completion.
3.2 Operations and Maintenance Manual Prepare a System
Operations and Maintenance (O &M) Manual meeting
requirements of the DOE. The System Manual will provide
complete instructions for operation and maintenance of
the treatment system. Specific Equipment O &M Manuals
will be provided by the equipment manufacturers through
the Contractor. Make submittals at the 50 and 90
percent construction completion stages as required by
DOE. Set up a computer -based preventive maintenance
file system during startup.
a. Collect base data information and prepare a 50
percent manual outline together with a list of
figures and illustrations.
b. Prepare five copies of draft manual suitable for
submission at the 50 percent stage, as required by
DOE.
c. Finalize the operations and maintenance sections
upon receipt of all manufacturer's data, Prepare
a 90 percent draft for Owner and regulatory agency
review. Incorporate comments where appropriate and
submit 10 copies of the 90 percent O &M manual prior
to completion of the construction contract.
d. Furnish and install the software (Hansen) and set up
a comprehensive computer -based preventive
maintenance file system on the plant's computer.
Data entry to be by the Owner.
3.3 Startup and Operator Training Provide hands -on,
on -site assistance and training during the first twelve
Exhibit B -Page 7 of 10
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weeks of the startup period. Maintain a record of all
O &M Manual revisions needed as a result of differing
occurrences experienced during the startup period.
a. Develop training materials using the O &M Manual as
the base document.
b. Provide on -site, hands -on training in conjunction
with and in addition to the training required of the
equipment manufacturer.
c. Provide on -site startup assistance for all elements
of the system, including the arrangement and
initiation of machinery and equipment warranties and
beneficial use data.
3.4 First Year Operations Support For DOE Certification
Maintain contact with the treatment plant operations
personnel through the first year of operation, including
up to four on -site visits and telephone assistance as
required. Finalize the O &M Manual using all operating
data and experience over the first year. Prepare and
submit 10 copies to the Owner for finalizing the Grant
closeout with DOE. Certify plant performance after
one year of operation as required by DOE. Make
recommendations for optimizing plant performance.
3.4.1 Finalize the project performance standards
submitted to WDOE including any updates during
construction.
3.4.2 Work with the City to set up the Certification
Program Activity Schedule including testing
activities performed by plant staff.
3.4.3 Monitor the performance of the plant during the
certification period, to include up to four
visits to the plant site by a Brown and Caldwell
engineer and operations specialist. Each visit
one day.
3.4.4 Provide operational assistance /training as needed
during the certification period.
3.4.5 Update the operations and maintenance manual to
reflect any changes in operational procedures or
equipment during the certification period.
3.4.6 Develop the quarterly performance and final
certification reports during the performance
certification period. These will be based on
testing and performance data prepared by the
Exhibit B- -Page 8 of 10
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plant staff and submitted to Brown and Caldwell
in a timely manner. Performance reports will be
prepared and stamped by the process design
engineer and will include corrective action
reports as needed.
Support tasks for implementing corrective actions and
developing report addenda for recertification are not
included here. See Item 11 under II.B, Special
Engineering Services in the Agreement for activities
to be funded later if required.
Task 4 Proiect Manaaement
4.1 Assemble project team and make assignments.
4.2 Establish and monitor time schedule, manpower loading,
and budget for the project.
4.3 Supervise project team and review the work performed.
4.4 Obtain the services of and administer the sub contracts
with specialty sub consultants as listed above.
4.5 Maintain frequent regular communications with the Owner.
4.6 Assist the Owner with contract administration and
amendments.
4.7 Prepare and submit monthly invoices.
Task 5 Feasibility Study and Preliminary Desian of a City
Comiostina Facility
The City would like to have a yard waste composting
program. The City has certain constraints that could limit or
preclude large scale composting operations, i.e., a specific site
with limited unspoken for space, and only seasonal feedstock
collection programs.
This study will quantify the City's ability both to
produce compost and to use compost for its own needs on a
seasonal basis. It is assumed that for purposes of this study,
the City does not intend to market compost as a source of City
revenue.
Quality of compost product relative to regulatory
restriction for application will be defined. Alternative compost
unit processes will be evaluated from both reliability and cost
standpoints. Site limitations will be defined. The City's
control of assured feedstock materials will be evaluated.
Exhibit B -Page 9 of 10
November 8, 1991
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General order of work will be:
1. Characterize feedstock materials.
2. Determine end product material goals.
3. Identify alternative unit processes.
4. Identify odor potential and odor control project
requirements.
5. Identify regulatory issues.
6. Select and evaluate preliminary alternatives.
7. Define pilot or testing programs if required.
8. Prepare report.
The work will proceed in three distinct phases which are
selected to minimize effort spent on examining or documenting
unproductive alternatives:
1. Engineer prepares detailed outline of alternatives
and areas to be examined and presents to the City for
concurrence. The Engineer proceeds to perform
preliminary investigations on agreed upon
alternatives.
2. Engineer orally presents to the City progress and
findings of preliminary investigation, presents one
alternative suggested for final development, and
presents a final report outline for City concurrence.
3. Engineer finalizes report and layout for single
preferred alternative. Final report will include
estimated costs, site layout drawings, lists of all
major equipment, and pertinent design data for the
composting facility and recommendations for the City
relative to implementing a yard waste composting
program that can reliably be maintained.
Task 6 Special Enaineerina Services Allowance
The Owner has established a special services amount of
$60,000 for special services described in Section II of this
Agreement. Special services may be performed only on
authorization by the Owner.
Exhibit B -Page 10 of 10
November 8, 1991
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Compensation for services provided under Article II,
"Scope of Engineering Services," shall be in accordance with the
methods described in this Exhibit and the specific amounts shown
on the attached schedule, or may be later mutually agreed to.
I. METHOD OF COMPENSATION
Compensation for each service or task authorized on a
cost reimbursement basis shall be the sum of direct labor cost,
indirect costs, and other direct costs plus a fixed professional
fee. The fixed fee includes state and federal income taxes, plus
profit. Costs to be paid comprise the following:
A. Direct Labor Costs
Direct labor costs shall be the total number of hours
worked on the job by each employee times the actual rate of pay
for that individual. Pay rates are adjusted annually on October
1st.
B. Indirect Costs
Indirect costs used for interim reimbursement
purposes shall be the product of all direct labor costs
multiplied by an overhead rate of 1.85.
C. Other Direct Costs
Other direct costs shall be billed at 1.15 cost and
shall include the following:
Exhibit C -Page 1 of 3
November 8, 1991
EXHIBIT C
COMPENSATION
1. Services directly applicable to the work, such as
special legal and accounting expenses, computer
rental and programming costs, special
consultants, borings, commercial printing and
binding, and similar costs that are not
applicable to general overhead.
2. Identifiable reproduction costs applicable to the
work, such as printing of drawings, photostating,
multilithing, printing, and similar costs.
3. Identifiable communication expenses, such as long
distance telephone, telegraph, cable, express
charges, and postage other than for general
correspondence.
e /user /4597 /agree /cmeng
1
4. Living and traveling expenses of employees when
away from home office on business connected with
work.
5. Automobile expenses at $0.275 per mile.
6. Word processing equipment charges at $10.00 per
hour.
7. Automated drafting (CAD) charges at $20.00 per
hour.
8. Computer charges at $10.00 per hour for Brown and
Caldwell -owned engineering office computers. C/M
equipment, which is to be furnished by Brown and
Caldwell, will be invoiced as a lump sum at the
time of equipment procurement and no additional
use charge will be made for such equipment.
9. Subcontracted services.
D. Fixed Professional Fee
Fixed professional fee for engineering services shall
be the amount as listed in III below.
E. Proaress Billing
The monthly compensation shall be the sum of all
direct labor, indirect costs, and other direct costs incurred
during the month, plus a percentage of the fixed professional
fee. The percent of total fixed professional fee to be paid each
month shall be in proportion with the total estimated cost
completed. Upon completion of the work, the balance of any fixed
professional fee shall be paid.
F. Compensation for Excess Submittals
Compensation for reviews of multiple non conforming
submittals for any one item in excess of three times and review
of cost savings alternative proposals from the Contractor
(Exhibit B, Item 2.7) are to be backcharged to the Contractor by
the Owner and the Engineer is to receive additional compensation
beyond the basis of this contract as summarized in Table C -1.
II. SCHEDULE ASSUMPTIONS AND COST
The estimated cost of each task is a function of the time
required to complete the task and at what point in time the work
is carried out. The schedule upon which the cost estimate is
based is contained in Exhibit A.
Exhibit C -Page 2 of 3
November 8, 1991
e /user /4597 /agree /cmeng
III. COMPENSATION SCHEDULE
If at any time the Engineer believes the cost shall be
greater than estimated, Engineer shall notify Owner in writing.
The notification shall state the revised cost estimate and, if
applicable, the revised time for completion. Engineer shall
submit such notification to Owner as early as possible, but no
later than 30 days prior to scheduled completion of the work.
Owner shall not be obligated to reimburse Engineer for
costs incurred in excess of the estimated cost unless Owner
agrees in writing to do so. Engineer shall not be obligated to
continue performance under this Agreement or otherwise incur
costs in excess of the original estimate unless and until Owner
notifies Engineer in writing that the estimated cost has been
increased.
If additional funds and time adjustments are not allotted
by the scheduled completion date, Owner shall, on written request
by Engineer, terminate this Agreement. The termination date
shall be the originally scheduled completion date or other date
agreed to by Owner and Engineer.
Compensation for the work in Exhibit B shall be as shown
in Table C -1.
Table C -1. Cost Summary for Port Angeles Treatment Plant
Construction Services
Number
1 Bid and Award Services
2 Construction Management Services
3 Operations and Maintenance (O&M) Services
4 Project Management
5 Preliminary Compost Facility Design
6 Special Engineering Services
Subtotals
Fixed fee
Project total
Task
a Includes overhead at 185 percent.
Exhibit C -Page 3 of 3
November 8, 1991
Labor
50,997
1,042,146
121,408
107,357
22,489
0
1,344,397
Other direct Total
Subconsultant charges task cost
391
259,304
26,609
0
3,478
0
2,652
51,430
30,739
4,520
3,043
52,174
289,783 144,558
54,041
1,352,880
178,756
111,877
29,010
52,174
1,778,737
266,811
1 2,045,548
e /user /4597 /agree /cmeng
COST OR PRICE SUMMARY FORMAT FOR SUBAGREEMENTS UNDER U.S. EPA GRANTS Form Approved
(See accompanying instructions before completing this form) OMB No. 158 -R0144
1. GRANTEE
City of Port Angeles
3. NAME OF CONTRACTOR OR SUBCONTRACTOR 4. DATE OF PROPOSAL
Brown and Caldwell November 8, 1991
5. ADDRESS OF CONTRACTOR OR SUBCONTRACTOR (Include ZIP code) 6, TYPE OF SERVICE TO BE FURNISHED
Construction Phase Engineering Services
100 West Harrison Street between City of Port Angeles and Browr
Seattle, Washington 98119 and Caldwell for Secondary Treatment
Plant Expansion and Preliminary Design
for City Composting Facilities
PART II -COST SUMMARY
7. DIRECT LABOR (Specs /v labor categories)
Sep Tah1 P -1
DIRECT LABOR TOTAL:
8. INDIRECT COSTS (Spect)r indirect cost pools)
See Table C -1
9. OTHER DIRECT COSTS
a. TRAVEL
(1) TRANSPORTATION
(2) PER DIEM
INDIRECT COSTS TOTAL:
TRAVEL SUBTOTAL:
b. EQUIPMENT, MATERIALS, SUPPLIES (Speedy categories)
EQUIPMENT SUBTOTAL:
SUBCONTRACTS SUBTOTAL: I
C. SUBCONTRACTS
d. OTHER (Specify categories)
OTHER SUBTOTAL:
e. OTHER DIRECT COSTS TOTAL:
10. TOTAL ESTIMATED COST
11. PROFIT
12. TOTAL PRICE
PA Form 5700.41 (2 -76)
PARTI- GENERAL
ESTI-
MATED
HOURS
Is
QTY COST
2. GRANT NUMBER
HOURLY ESTIMATED
RATE COST
Is 471,718
1
RATE x BASE ESTIMATED
COST
Its 1$ 872.678
I I
1
ESTIMATED
COST
W
Is
15 144, 558
ESTIMATED
COST
ESTIMATED
COST
ESTIMATED
COST
Is 471.718
IS 872.678
TOTALS
is
1
IS 289.783
As 434,341
Is 1.778, 737
l$ 266.811
15 2,045,548
PAGE 1 OF 5
13.
N/A
PART III -PRICE SUMMARY
COMPETITOR'S CATALOG LISTINGS, IN -HOUSE ESTIMATES, PRIOR QUOTES
(Indicate basis for price comparison)
n V ES (XI NO (1f "Yes" glue name address and teiephone number of rev,ewing office)
14b .THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES
14c.
Federal Procurement Regulations, CFR 41, Part 1 -15
(3)
EPA Form 5700 41 (2.76)
November 8, 1991
DATE OF EXECUTION
PART IV- CERTIFICATIONS
George Mason
Vice President
MARKET
PRICE(S)
1 1
1 l
1 I
1
Is
14. CONTRACTOR
14a. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIFIED STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OF YOUR
ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS'
This proposal is submitted for use in connection with and in response to (1) City of Port Angeles Treatme at
Plant Expansion Construction Phase
Engineering Services This is to certify to the best of my knowledge
and belief that the cost and pricing data summarized herein are complete, current, and accurate as of
(2) November 8, 1991 and that a financial management capability exists to fu11\ and accu-
rately account for the financial transactions under this project. I further certify that I understand that the
subagreement price may be subject to downward renegotiation and /or recoupment where the above cost and
pricing data have been determined, as a result of audit not to have been complete, current and accurate as
of the date above.
es -wiz.,
IGNATURE OF PROPOSER
TITLE OF PROPOSER
14. GPANTEE REVIEWER
I certify that I have reviewed the cost /price summary set forth herein and the proposed costs /price appear
acceptable for subagreement award
SIGNATURE OF REVIEWER
DATE OF EXECUTION
16. EPA REVIEWER (1f applicable)
DATE OF EXECUTION SIGNATURE OF REVIEWER
TITLE OF REVIEWER
TITLE OF REVIEWER
F orm A- Droved
OMB No 158 -F014
PPOPOSED
PRICE
PAGE 2 OF 5
United States Region 10 j U E 1 AiasKa
Environmental Protection 1200 Soon Av iaano
Agency Seattle WA 98 Oregon
&EPA UV 2
Reply To
Attn Of: SO -125
Craig D. Knutson
City Attorney
City of Port Angeles
P.O. Box 1150
Port Angeles, Washington
98362
Dear Mr. Knutson:
Nove j j
1
1.,1 J S.+a Lei 2Y
RE: Consent Decree
United States State of Washinaton v. City of Port Angeles
(WD Wash.) Civil No. C87 -1087
There are several issues concerning interpretation of
conditions of the above referenced Consent Decree that require
clarification.
First, in your letter dated October 1, 1990, you make the
statement that the Environmental Protection Agency (EPA) has
concurred with the State of Washington that certain compliance
dates require 90 percent completion. I have discussed this
position with all the Region 10 EPA employees that have
participated in this matter and none can remember making that
commitment. As the need for our reliance on such an
interpretation of the decree has not yet arisen, we would
prefer to face that definitional problem, if necessary, in the
future.
Second, you also state that subparagraph IV(F) of the decree
provides for adjustment of the milestone dates upon the
occurrence of certain events. It is EPA's position that the
summary of events in your October 1, 1990, letter and prior
communications justify a 9(nine) month extension in the
milestone dates in subparagraphs IV(C), IV(D), and IV(E) of the
decree.
Finally, of concern to EPA is the continued inability of the
treatment facility to achieve the interim effluent limitation
for BOD. Through the cooperation of city employees responsible
for operation of the treatment plant and the engineers hired by
the city to design the new secondary facility, we are aware
that the high BOD in the effluent is due to an unanticipated
increase in the soluble BOD in the influent to the existing
cc: Charles W. Lean
2
facility. This is perplexing because EPA's expert on sewage
treatment plant maintenance and operation has expressed
confidence in the skill and ability of the city's employees to
obtain good treatment results out of the existing facility.
We appreciate your continued effort to locate the source or
sources of the soluble BOD but are discouraged, like you, that,
to date, they elude discovery. Because it appears that the
city is taking all reasonable actions to locate any sources of
the high soluble BOD, the Region has refrained from seeking the
assessment of the stipulated penalties set out in the decree
for violations of the interim BOD discharge limitation.
However, we think it important that the city clearly understand
that our current position with respect to past and /or future
violations is subject to change upon receipt of new information
and that it is incumbent upon the city to continue all
reasonable efforts to locate any sources of the BOD.
Thank you for your attention to this matter. If you should
have any questions call me at (206) 442 -1498.
Sincere y,
o n Hohn
Associate Regional Counsel
NOV 9 1990
CITY OF PORT ANGELES
PUBLIC WORKS
CITY OF r'OR:T ANGELES
PUBLIC vJORKS
I FYI. IACTN I COPY ICONC
I DIRECTOR
DEPUTY DIRECTOR I I
CITY ENGINEER -4-1 I 1
SOLID WASTE i
SEWER /WATER I
S'�RCET I I
OUILDING I
1 1
+FILE f j I 1, i
15
16 WHEREAS, plaintiffs, United States of America and the State
17 of Washington, having filed a Complaint in this case alleging
18 violations of Sections 301 and 402 of the Clean Water Act ('the
19 Act'), 33 U.S.C. SS 1311 and 1342, and Sections 90.48.162,
20 90.48.260 and 90.52.040 of the Revised Code of Washington ('RCW')
21 by defendant City of Port Angeles, Washington ('City'); and
22 WHERE plaintiffs and defendant, having agreed that
23 settlement of this matter is in the public interest and that entry
24 of this Decree is the most appropriate means of resolving this
25 matter; and
26
ToRmon,413 CONSENT DECREE 1
AP c:
1
2
3
4
5
6 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
7
8 UNITED STATES OF AMERICA,
9 and NO.
10 THE STATE OF WASHINGTON,
11 Plaintiffs,
12 v.
CONSENT DECREE
13 CITY OF PORT ANGELES, WASHINGTON,
14 Defendant.
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
1
2 attorneys, having consented, without trial c: adjudication of any
3 issue of fact or law nerein, to the entry of this Decree,
4 NOW, THEREFORE, it is ORDERED as follow:::
5 I
6 JURISDICTION
7 This Court has jurisdiction over the subject matter and over
21
22
23
24
25
26
r
;ORM OBD -U3
.,•R t+
WHEREAS, the plaintiffs and defendant, oy their respective
8 the parties pursuant to 28 U.S.C. S 1345 and 33 U.S.C. S 1319.
9 The Complaint states a claim upon which relief may be granted
10 against defendant pursuant to Section 309 of the Act, 33 U.S.C.
11 S 1319.
12 II
13 BINDING EFFECT
14 The provisions of this Consent Decree shall apply to and be
15 binding pon the officers,
g parties to this action, their of_ice�s,
16 directors, agents, servants, employees, successors, assigns, and
17 all persons, firms and corporations in active concert or
18 participation with them. The City shall give notice of this
19' Consent Decree to any successors in interest prior to transfer of
20
ownership or operation of the City's Wastewater Treatment plant,
and shall simultaneously notify the United States Environmental
Protection Agency ('EPA'), Region 10, Water Division Director, and
the Director of the Washington Department of Ecology ('Ecology'),
PV -11, Olympia, Washington, 9E504, that such notice has been given
by the defendant. The City shall provide a copy of this Consent
Decree to each contractor or contractors which it retains to
CONSENT DECREE 2
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle,. WA 98104
(206) 442 -7970
TI \V \1 t.4
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perform work prescribed herein prior to executing any contract
relating to such work.
III
CIVIL PENALTY
In settlement of plaintiffs' claims in the Complaint relating
to reported violations of NPDES Permit No. WA- 002403 -1, and
Section 301 of the Act, the City shall pay a civil penalty of
Eight Thousand Five Hundred Dollars (8,500.00). This penalty is
due and payable thirty (30) days after this Consent Decree is
entered by the Court. The City shall tender the payment at the
office of the United States Attorney for the Western District of
Washington, by check made payable to the Treasurer of the
United States.
Iv
REMEDIAL PROGRAM
The City shall undertake a program to attain compliance with
its NPDES permit, the Act and the RCW The program involves the
18 construction of a wastewater treatment facility capable of
19•;1 achieving secondary treatment levels. The completion of all
20 phases of design, construction and achievement of compliance shall
21 be accomplished in accordance with the schedule below:
A. The City shall select and retain a consulting firm by
;7 7 3l
__.1 :a, 1987.
B. The City shall submit a complete and updated engine,e :ig
report for a secondary treatment facility by
March 31, 1989.
CONSENT DECREE 3
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle,. WA 98104
(206) 442 -7970
7
8
9
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11
12
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14
15
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FIRM Or.• t'
a: i•
1
2
3
4
6
C. Tne City shall complete final desi:n of the secondary
facility by September 30, 1990.
D. The City shall begin construction cf the secondary
treatment facility by July 1, 199= and complete
construction by December 31, 1992.
E. Tne City shall attain full compliance with the secondary
treatment limits contained in NPDES Permit
No. WA- 002397 -3 by April 1, 1993. The NPDES permit
limits are hereby incorporated by reference and, for the
purposes of this Consent Decree, shall be final effluent
limitations.
F. When comment or approval by EPA or Ecology is necessary
to proceed with the remedial program, the milestones in I
subparagraphs IV.A, B, and C above shall be the adjusted I
appropriately if such agency review exceeds sixty (60)
days from the date of receipt of the City's submittal.
V
REPORTING
The City shall provide the Water Permits and Compliance
Branch, EPA, 1200 Sixth Avenue, Seattle, Washington, 98101, and
the Washington Deparment of Ecology, PV -11, Olympia, Washington,
98504, with progress reports beginning thirty (30) days after
entry of this Decree by the Court and every three (3) months
thereafter. Each progress report shall include a description of
problems anticipated or encountered which might place the City out
of compliance with the terms of this Decree.
CONSENT DECREE 4
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
FORM OeD• f?
1 VI
2 INTERIM EFFLUENT LIMITATIONS
3 The City shall at a minimum comply witn the following interim
4 effluent limitations from the date of entry of this Decree until
5 the date specified in subparagraph IV.E, above:
6 Parameter Discharge Limitations
7 Monthly
Average
8
Biochemical Oxygen Demand 90 mg /1,
9 (BOD 5 -day) 2800 lbs /day
10 Suspended Solids (:'SS) 100 mg /1,
t1 2400 lbs /day
Fecal Coliform Bacteria 890 /100 ml
12
13 pH Between 6.0 and 9.0
standard units.
14
15 VII
16 NONCOMPLIANCE REPORTING
17 The City shall report to the Water Permits and Compliance
18 Branch, Water Division, EPA, Region 10, 1200 Sixth Avenue,
19 Seattle, Washington, 98101, and to the Department of Ecology,
20 PV -11, State of Washington, Olympia, Washington, 98504, in
21 writing, any violation of an interim or final effluent limitation
22 or failure to meet any milestone date specified in Paragraph IV
23 above, within five (5) days of such event. The report shall
24 state for each violation of an interim or final effluent
25 limitation the amount of the pollutant discharged, the date of
26 the discharge, the cause of the discharge, efforts taken to
CONSENT DECREE 5
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
T(1RV4 OEO••t%
1 mitigate the discharge, and other information listed and
2 described in Title 40, Code of Federal Regulations,
3 Section 122.41(1)(6) or any successor reg.:lation. For failure to
4
5 report shall state the number of days of such violation and the
6 I estimated date that completion will be achieved. In addition, a
7
12
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15
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19
20
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22
23
24
25
26
meet any milestone date specified in Paragraph, IV, above, the
copy of the report summarizing all violations, accompanied by the
8 i City's penalty payment as stipulated in Paragraph VIII, below,
9 shall be submitted to the United States Attorney for the Western
10
District of Washington by the fifteenth (15th) day of the month
11 following the month in which the violation(s) occurred. Each
payment shall be accompanied by a short written statement
explaining how the total penalty amount was computed.
,VIII
STIPULATED PENALTIES
A. The City agrees to pay a stipulated penalty for
violation of any interim effluent limitation set forth in
Paragraph VI, above, from the date of entry of the Consent Decree
until the date specified in Paragraph IV.E, and for violation of
any final effluent limitation after the date specified in
Paragraph IV.£ above, until April 1, 1994. The City shall pay a
stipulated civil penalty for violation of each interim and final
effluent limitation parameter as follows:
(1) For each month in which the monthly average
limitation set forth in subparagraph IV.E and Paragraph VI above,
CONSENT DECREE 6
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
FIRM OBD
1 is exceeded, the City snall pay the sum of One Thousand Dollars
2 ($1000.00) for each parameter exceeded; and
3 (2) Tne City agrees to pay stipulated civil penalties for
4 failure to meet each of the milestone dates listed in
5 d Paragraph IV, above. The penalties for failure to meet each
6 j; milestone date are as follows:
7 i Period of Failure to Combly Penalty Per Day
8 1st to 15th day 50.00
15th to 45th day 100.00
9 45th to 180th day 5250.00
over 180 days t500.00
10
11 B. Accrual of stipulated civil penalty liability pursuant
12 to subparagraphs VIII.A and B above, shall be cumulative in all
13 instances.
14 C. In the event that the City suffers delay in meeting a
15 milestone date in the remedial program schedule in Paragraph IV
16 above and said delay would render adherence to the schedule of
17 milestones which follow it unreasonably difficult, the schedule
18 shall be adjusted to extend the milestone date to account for the
19 delay.
20 IX
21 SEWER BAN
22 If the City is found to be in violation of subparagraph IV.D
23 or E above for a period greater than fifteen (15) days, there
24 shall be no hookups or extensions allowed to its collection
25 system until such time as the City can demonstrate it has
26
returned to compliance.
CONSENT DECREE 7
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
20
14.1.1. E;1
1 x
2 ENTRY AND INSPECTION
3 During the pendency of this Consent De :ree, EPA and Ecology
4 and their authorized agents, including contractors, may exercise
5 the authority granted by Section 308(a) and (b) of the Act, 33
6 U.S.C. S 1318(a) and (b), and by RCW 90.48.090, to enter the
7 i project sites and to examine, inspect, and copy records, logs,
8 contracts, and any other documents which EPA or Ecology, or their
9 i authorized contractors need to assess compliance by the City with
10 the terms of this Consent Decree.
11 XI
12 EFFECT OF CONSENT DECREE
13 This Consent Decree is not and shall not be interpreted to
14 i be a permit for the discharge of pollutants under Section 402 of
15 j j the Act, 33 U.S.C. S 1342, or under any provision of state law
16 nor shall it in any way relieve defendant of any obligation
17 I imposed by such Act e: any permit issued thereunder, or of its
78 1 obligation to comply with any other local, state, or federal law
19 in any way related to the subject of this Consent Decree.
Enforcement of any uncontested or adjudicated violation of the
21 remedial program schedule included in Paragraph IV or the interim
22 or final effluent limits in the Consent Decree shall be according
23 to the terms of this Decree only. With respect to any violation
24 I' o this Consent Decree other than a violation of the remedial
25 program schedule in Paragraph IV or the interim or final effluent
26
limitations, nothing contained herein shall be construed to
CONSENT DECREE 8
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
1 prevent or limit plaintiffs' rights to obtain penalties or
2 injunctive relief under Section 309 of the =.:t, U.S.C. S 1319, or
3 other federal or state statutes and regulat :cns.
4 The parties have entered into this Consent Decree to settle
5 disputed matters. This Consent Decree represents the compromise
6 agreed to by the parties after extensive good faith
7 negotiations. The parties consider the entry of this Consent
8 Decree, as a means to avoid protracted and difficult litigation,
9 to be in the public interest. For these reasons the entry of
10 this Decree shall serve to settle and compromise the allegations
11 made by plaintiffs' in the Complaint. In addition, the City
12 agrees to dismiss with prejudice its actions related to secondary
13 treatment against the plaintiffs in the cases of City of Port
14 Angeles v. Pollution Control Hearings Board, No. 85 -2- 00404 -6,
15 Clallam County Superior Court, and City of Port Angeles v.
16 United States Environmental Protection Aoency, No. 86 -7725 (9th
17 Cir. 1986).
18 XII
19 '1 RETENTION OF JURISDICTION
20 The Court shall retain jurisdiction to enforce the terms and
21 fi conditions of this Decree until its termination, except that the
22 iI Court may, at any time, order the payment of any penalty which
23 may have accrued while the provisions of the Consent Decree were
24
26
25
in effect. Any party shall have the right to petition this Court
for modification or construction of any provision of this Decree
upon good cause and after due notice to all parties.
CONSENT DECREE 9
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, .WA 98104
(206) 442 -7970
1
2
3
TORM OLD•.'
XIII
FORCE MAJEUR_
F. In the event that the City fails to comply with the
4 requirements of this Consent Decree and the City's noncompliance
5 was caused by circumstances beyond the City's control which could
6 not be overcome by due diligence, the City's failure to comply
7 11 1
shall not be a violation of this Consent Decree and shall not
8 result in liability for stipulated penalties or other sanctions.
9 To the extent that noncompliance is caused by circu instances
10 beyond the City's control which could not be overcome by due
11 diligence, the remedial program schedule in Paragraph IV shall be
12 adjusted to account for delay.
B. The City shall promptly notify the Water Permits and
13
14 Compliance Branch, Water Division, EPA Region X, 1200 Sixth
15 Avenue, Seattle, Washington 98101 and the Department of Ecology,
16 PV 11, Olympia, Washington 98504 in writing of any occurrence
17 which may result in noncompliance with the requirements of this
18 Consent Decree which is caused by circumstances beyond the City's
19 control which could not be overcome by due diligence. The City's
20 notification to EPA and Ecology shall be written, shall state the
21 nature of the noncompliance, the reason(s) therefore, the
22 expected duration of noncompliance, and actions to be taken to
23 mitigate further noncompliance.
24
25
26
CONSENT DECREE 10
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
1
2
3
4
5
6
7
8
9
10
1
XIV
DISP.YTE RESOLUTION
In the event that the City claims it has a defense or excuse
for any noncompliance reported to EPA according to this paragrapn
the City shall provide a notice and a concise statement of the
defense or excuse to EPA Region X and the Department of Ecology
with the Cities' report of noncompliance. EPA and the Department
of Ecology shall have fifteen (15) days following the receipt of
said notice and statement from the City to deliver a response to
the City. The response shall state whether EPA or the Department
of Ecology accepts or disputes the City's claim to an excuse or
12 defense to noncompliance. If EPA and the Department of Ecology
13 accept the City's claim to an excuse or defense, there shall be
14
no requirement under this Decree for the City to incur monetary
15 penalties or other sanctions. If EPA or the Department of
16 Ecology dispute the City's claim to an excuse or defense, the
17
18
19 mutually acceptable resolution. If no mutually acceptable
20 resolution is achieved within fifteen (15) days, any party shall
21 have the right to submit the dispute to the Court for resolution.
22 XV
23 TERMINATION
24 This Consent Decree shall remain in effect until substantive
25 compliance with NPDES limits have been demonstrated for
26
parties shall have fifteen (15) days after the City receives
notice of the dispute to meet, negotiate and attempt to arrange a
CONSENT DECREE 11
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
f)
TORM f)gp I13
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twelve (12) consecutive mon :ns or April 1, 1994, whichever occurs
earlier.
Department of Justice
F. HENRY HABICHT II
Assistant Attorney General
Land and Natural Resources
Division
U.S. Department of Justice
Washington, D.C.
GENE S. ANDERSON
United States Attorney
JACKSON L. FOX
Assistant Dnited States Attorney
KENNETH 0. EIIKENBERRY
Attorney General
Olympia, Washington 98504
JEFFREY GOLTZ
Assistant Attorney General
Olympia, Washington 9E504
THE UNITED STATES OF AMERICA
FOR THE STATE OF WASHINGTON
Environmental Protection Agency
THOMAS L. ADAMS, JR.
Assistant Administrator for
Enforcement and Compliance
Monitoring
Washington, D.C.
ROSIE G. RUSSELL
Regional Administrator, Region X
Seattle, Washington
JOHN HOHN
Asst. Regional Counsel, Region X
Seattle, Washington
ANDREA BE ATTY RINIKER
Director, Department of Ecology
Olympia, Washington 98504
CHARLES LEAN
Assistant Attorney General
Olympia, Washington 98504
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
CONSENT DECREE 12 (206) 442 -7970
(9209x)
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st,RM OBD•lZ)
Vat t
1 FOR THE CITY OF POR:/ANGELES
2 r f 1 y 1 I
1 /7;"
J
1.,1 t._ .;:.'_c _1 r_
3 CHARLES D. WHIDD N CRAIG L ^-,:NUTSON
i Mayor City Atto'ney
4)
DATED this day of 1987.
CONSENT DECREE 13
UNITED STATES DISTRICT JUDGE
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 96104
(206) 442 -7970
EXHIBIT E
ENVIRONMENTAL PROTECTION AGENCY (EPA)
REQUIREMENTS FOR CONSULTING ENGINEERS
Pt. 35, Subpt. E, App. C -1
C.= IB.(B) +8.(S) +P.(P)J V.
(3) Model No. 3. —This model Is commonly
called the "quantity /quality formula
C.= V.V. B,B. 8,8„ +P.P„
(h) Other considerations. —(1) Quantity
discounts to large volume users will not be
acceptable. Savings resulting from econo-
mies of scale should be apportioned to all
users or user classes.
(2) User charges may be established based
on a percentage of the charge for water
usage only in cases where the water charge
Is based on a constant cost per unit of con-
sumption.
(39 FR 5270, Feb. 11. 19741
APPENDIX C -1— REQUIRED PROVI-
SIONS— CONSULTING ENGINEERING
AGREEMENTS
1. General
2. Responsibility of the Engineer
3. Scope of Work
4. Changes
5. Termination
6. Remedies
7. Payment
8. Project Design
9. Audit; Access to Records
10. Price Reduction for Defective Cost or
Pricing Data
11. Subcontracts
12. Labor Standards
13. Equal Employment Opportunity
14. Utilization of Small or Minority Busi-
ness
15. Covenant Against Contingent Fees
18. Gratuities
17. Patents
18. Copyrights and Rights in Data
1. GENERAL
(a) The owner and the engineer agree that
the following provisions apply to the EPA
grant eligible work to be performed under
this agreement and that such provisions su-
persede any conflicting provisions of this
agreement.
(b) The work under this agreement is
funded In part by a grant from the U.S. En-
vironmental Protection Agency. Neither the
United States nor the U.S. Environmental
Protection Agency (hereinafter. "EPA is a
party to this agreement. This agreement
which covers grant eligible work is subject
to regulations contained in 40 CFR 35.938,
35.937, and 35.939 in effect on the date of
execution of this agreement. As used in
these clauses, the words "the date of execu-
tion of this agreement" mean the date of
execution of this agreement and any subse-
quent modification of the terms, compensa-
536
40 CFR Ch. 1 (7 -1 -90 Edition)
tion or scope of services pertinent to unper-
formed work.
(c) The owner's rights and remedies pro-
vided in these clauses are in addition to any
other rights and remedies provided by law
or this agreement.
9. RESPONSIBILITY OP THE ENGINEER
(a) The engineer shall be responsible for
the professional quality, technical accuracy,
timely completion, and the coordination of
all designs, drawings, specifications, reports,
and other services furnished by the engi-
neer under this agreement. The engineer
shall, without additional compensation, cor-
rect or revise any errors, omissions, or other
deficiencies in his designs, drawings, specifl-
cations, reports, and other services.
(b) The engineer shall perform such pro-
fessional services as may be necessary to ac-
complish the work required to be performed
under this agreement, In accordance with
this agreement and applicable EPA require-
ments in effect on the date of execution of
this agreement.
(c) The owner's or EPA's approval of
drawings, designs, specifications, reports,
and incidental engineering work or materi-
als furnished hereunder shall not in any
way relieve the engineer of responsibility
for the technical adequacy of his work. Nei-
ther the owner's nor EPA's review, approval
or acceptance of, nor payment for, any of
the services shall be construed to operate as
a waiver of any rights under this agreement
or of any cause of action arising out of the
performance of this agreement.
(d) The engineer shall be and shall remain
liable, in accordance with applicable law, for
all damages to the owner or EPA caused by
the engineer's negligent performance of any
of the services furnished under this agree-
ment, except for errors, omissions or other
deficiencies to the extent attributable to the
owner, owner furnished data or any third
party. The engineer shall not be responsible
for any time delays in the project caused by
circumstances beyond the engineer's con-
trol. Where innovative processes or tech-
niques (see 40 CFR 35.908) are recommend-
ed by the engineer and are used, the engi-
neer shall be liable only for gross negligence
to the extent of such use.
3. SCOPE OF WORK
The services to be performed by the engi-
neer shall include all services required to
complete the task or Step in accordance
with applicable EPA regulations (40 CFR
part 35, subpart E in effect on the date of
execution of this agreement) to the extent
of the scope of work as defined and set out
in the engineering services agreement to
which these provisions are attached.
Environmental Protection Agency
4. CHANGES
(a) The owner may, at any time, by writ-
ten order, make changes within the general
scope of this agreement in the services or
work to be performed. If such changes cause
an increase or decrease in the engineer's
cost of. or time required for, performance of
any services under this agreement, whether
or not changed by any order, an equitable
adJustment shall be made and this agree-
ment shall be modified In writing according-
ly. The engineer must assert any claim for
adJustment under this clause in writing
within 30 days from the date of receipt by
the engineer of the notification of change,
unless the owner grants a further period of
time before the date of final payment under
this agreement.
(b) No services for which an additional
compensation will be charged by the engi-
neer shall be furnished without the written
authorization of the owner.
(c) In the event that there is a modifica-
tion of EPA requirements relating to the
services to be performed under this agree-
ment after the date of execution of this
agreement, the increased or decreased cost
of performance of the services provided for
in this agreement shall be reflected in an
appropriate modification of this agreement.
5. TERMINATION
(a) Either party may terminate this agree-
ment, in whole or in part. In writing, if the
other party substantially fails to fulfill its
obligations under this agreement through
no fault of the terminating party. However,
no such termination may be effected unless
the other party is given (1) not less than ten
(10) calendar days written notice (delivered
by certified mail, return receipt requested)
of intent to terminate and (2) an opportuni-
ty for consultation with the terminating
party before termination.
(b) The owner may terminate this agree-
ment, in whole or in part, in writing, for its
convenience, if the termination is for good
cause (such as for legal or financial reasons,
major changes In the work or program re-
quirements, initiation of a new step) and the
engineer is given (1) not less than ten (10)
calendar days written notice (delivered by
certified mail, return receipt requested) of
intent to terminate, and (2) an opportunity
for consultation with the terminating party
before termination.
(c) If the owneaterminates for default, an
equitable adjustment in the price provided
for in this agreement shall be made, but (1)
no amount shall be allowed for anticipated
profit on unperformed services or other
work, and (2) any payment due to the engi-
neer at the time of termination may be ad-
justed to the extent of any additional costs
the owner incurs because of the engineer's
default. If the engineer terminates for de-
537
Pt. 35, Subpt. E, gyp. C -1
fault or if the owner terminates for conven-
ience, the equitable adJustment shall in-
clude a reasonable profit for services or
other work performed. The equitable ad-
justment for any termination shall provide
for payment to the engineer for services
rendered and expenses incurred before the
termination, in addition to termination set-
tlement costs the engineer reasonably
incurs relating to commitments which had
become firm before the termination.
(d) Upon receipt of a termination action
under paragraph (a) or (b) of this section 5.,
the engineer shall (1) promptly discontinue
all services affected (unless the notice di-
rects otherwise), and (2) deliver or otherwise
make available to the owner all data, draw-
ings, specifications, reports, estimates, sum-
maries, and such other information and ma-
terials as the engineer may have accumulat-
ed in performing this agreement, whether
completed or in process.
(e) Upon termination under paragraph (a)
or (b) of this section 5.. the owner may take
over the work and prosecute the same to
completion by agreement with another
party or otherwise. Any work the owner
takes over for completion will be completed
at the owner's risk, and the owner will hold
harmless the engineer from all claims and
damages arising out of Improper use of the
engineer's work.
(f) If, after termination for failure of the
engineer to fulfill contractual obligations, it
is determined that the engineer had not so
failed, the termination shall be deemed to
have been effected for the convenience of
the owner. In such event, adjustment of the
price provided for in this agreement shall be
made as paragraph (c) of this clause pro-
vides.
B. REMEDIES
Except as this agreement otherwise pro-
vides, all claims, counter claims, disputes,
and other matters In question between the
owner and the engineer arising out of or re-
lating to this agreement or the breach of It
will be decided by arbitration If the parties
hereto mutually agree, or in a court of com-
petent jurisdiction within the State in
which the owner is located.
7. PAYMENT
(a) Payment shall be made in accordance
with the payment schedule Incorporated in
this agreement as soon as practicable upon
submission of statements requesting pay-
ment by the engineer to the owner. If no
such payment schedule is incorporated in
this agreement, the payment provisions of
paragraph (b) of this clause shall apply.
(b) The engineer may request monthly
progress payments and the owner shall
make them as soon as practicable upon sub-
Pt. 35, Subpt. E, App. C -1
mission of statements requesting payment
by the engineer to the owner. When such
progress payments are made, the owner may
withhold up to ten (10) percent of the vou-
chered amount until satisfactory completion
by the engineer of work and services within
a step called for under this agreement.
When the owner determines that the work
under this agreement or any specified task
hereunder is substantially complete and
that the amount of retained percentages is
In excess of the amount considered by him
to be adequate for his protection. he shall
release to the engineer such excess amount.
(c) No payment request made under para-
graph (a) or (b) of this clause shall exceed
the estimated amount and value of the work
and services performed by the engineer
under this agreement. The engineer shall
prepare the estimates of work performed
and shall supplement them with such sup-
porting data as the owner may require.
(d) Upon satisfactory completion of the
work performed under this agreement, as a
condition precedent to final payment under
this agreement or to settlement upon termi-
nation of the agreement. the engineer shall
execute and deliver to the owner a release
of all claims against the owner arising under
or by virtue of this agreement, other than
such claims, if any, as may be specifically
exempted by the engineer from the oper-
ation of the release in stated amounts to be
set forth therein.
9. PROJECT DESIGN
(a) In the performance of this agreement,
the engineer shall, to the extent practicable,
provide for maximum use of structures, ma-
chines, products, materials. construction
methods, and equipment which are readily
available through competitive procurement,
or through standard or proven production
techniques, methods. and processes, consist-
ent with 40 CFR 35.936 -3 and 35.936 -13 in
effect on the date of execution of this agree-
ment, except to the extent to which innova-
tive technology may be used under 40 CFR
35.908 in effect on the date of execution of
this agreement.
(b) The engineer shall not, in the per-
formance of the work under this agreement.
produce a design or specification which
would require the use of structures. ma-
chines, products, materials. construction
methods, equipment, or processes which the
engineer knows to be available only from a
sole source, unless the engineer has ade-
quately justified the use of a sole source in
writing.
(c) The engineer shall not, In the perform-
ance of the work under this agreement,
produce a design or specification which
would be restrictive in violation of section
204(a)(6) of the Clean Water Act. This stat-
ute requires that no specification for bids or
statement of work shall be written in such a
538
40 CFR Ch. I (7 -1 -90 Edition)
manner as to contain proprietary. exclusion-
ary, or discriminatory requirements other
than those based upon performance, unless
such requirements are necessary to test or
demonstrate a specific thing, or to provide
for necessary interchangeability of parts
and equipment, or at least two brand names
or trade names of comparable quality or
utility are listed and are followed by the
words "or equal." With regard to materials,
if a single material is specified, the engineer
must be prepared to substantiate the basis
for the selection of the material.
(d) The engineer shall report to the owner
any sole source or restrictive design or speci-
fication giving the reason or reasons why it
is necessary to restrict the design or specifi-
cation.
(e) The engineer shall not knowingly
specify or approve the performance of work
at a facility which is in violation of clean air
or water standards and which is listed by
the Director of the EPA Office of Federal
Activities under 40 CFR part 15.
9. AUDIT; ACCESS TO RECORDS
(a) The engineer shall maintain books,
records. documents, and other evidence di-
rectly pertinent to performance on EPA
grant work under this agreement in accord-
ance with generally accepted accounting
principles and practices consistently ap-
plied, and 40 CFR 30.605, 30.805, and 35.935-
7 in effect on the date of execution of this
agreement. The engineer shall also main-
tain the financial information and data used
by the engineer in the preparation or sup-
port of the cost submission required under
40 CFR 35.937 -6(b) in effect on the date of
execution of this agreement and a copy of
the cost summary submitted to the owner.
The U.S. Environmental Protection Agency.
the Comptroller General of the United
States. the U.S. Department of Labor,
owner, and [the State water pollution con-
trol agency) or any of their duly authorized
representatives shall have access to such
books, records. documents, and other evi-
dence for inspection, audit, and copying.
The engineer will provide proper facilities
for such access and inspection.
(b) The engineer agrees to include para-
graphs (a) through (e) of this clause in all
his contracts and all tier subcontracts di-
rectly related to project performance that
are in excess of $10,000.
(c) Audits conducted under this provision
shall be in accordance with generally ac-
cepted auditing standards and established
procedures and guidelines of the reviewing
or audit agency(ies).
(d) The engineer agrees to the disclosure
of all information and reports resulting
from access to records under paragraphs (a)
and (b) of this clause, to any of the agencies
referred to in paragraph (a), provided that
Environmental Protection Agency
the engineer is afforded the opportunity for
an audit exit conference and an opportunity
to comment and submit any supporting doc-
umentation on the pertinent portions of the
draft audit report and that the final audit
report will include written comments of rea-
sonable length. if any, of the engineer.
(e) The engineer shall maintain and make
available records under paragraphs (a) and
(b) of this clause during performance on
EPA grant work under this agreement and
until 3 years from the date of final EPA
grant payment for the project. In addition,
those records which relate to any "Dispute"
appeal under an EPA grant agreement, to
litigation, to the settlement of claims arising
out of such performance, or to costs or
items to which an audit exception has been
taken, shall be maintained and made avail-
able until 3 years after the date of resolu-
tion of such appeal, litigation. claim, or ex-
ception.
10. PRICE REDUCTION FOR DEFECTIVE COST OR
PRICING DATA
(This clause is applicable if the amount of
this agreement exceeds $100,000.)
(a) If the owner or EPA determines that
any price, including profit, negotiated in
connection with this agreement or any cost
reimbursable under this agreement was in-
creased by any significant sums because the
engineer or any subcontractor furnished in-
complete or inaccurate cost or pricing data
or data not current as certified in his certifi-
cation of current cost or pricing data (EPA
form 5700 -41), then such price, cost, or
profit shall be reduced accordingly and the
agreement shall be modified in writing to
reflect such reduction.
(b) Failure to agree on a reduction shall
be subject to the remedies clause of this
agreement.
(Note: Since the agreement is subject to re-
duction under this clause by reason of defec-
tive cost or pricing data submitted in con-
nection with certain subcontracts, the engi-
neer may wish to include a clause in each
such subcontract requiring the subcontrac-
tor to appropriately indemnify the engineer.
It is also expected that any subcontractor
subject to such indemnification will general-
ly require substantially similar indemnifica-
tion for defective cost or pricing data re-
quired to be submitted by his lower tier sub-
contractors.)
11. SUBCONTRACTS
(a) Any subcontractors and outside associ-
ates or consultants required by the engineer
in connection with services under this agree-
ment will be limited to such individuals or
firms as were specifically identified and
agreed to during negotiations, or as the
owner specifically authorizes during the
performance of this agreement. The owner
Pt. 35, Subpt. E, App. C -1
must give prior approval for any suirstjtu-
tions in or additions to such subcontractors,
associates, or consultants.
(b) The engineer may not subcontract
services in excess of thirty (30) percent (or
percent, if the owner and the engi-
neer hereby agree) of the contract price to
subcontractors or consultants without the
owner's prior written approval.
12. LABOR STANDARDS
To the extent that this agreement in-
volves "construction" (as defined by the
Secretary of Labor), the engineer agrees
that such construction work shall be subject
to the following labor standards provisions,
to the extent applicable:
(a) Davis -Bacon Act (40 U.S.C. 276a-
278a -7);
(b) Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 -333);
(c) Copeland Anti- Kickback Act (18 U.S.C.
874): and
(d) Executive Order 11246 (Equal Employ-
ment Opportunity);
and implementing rules, regulations, and
relevant orders of the Secretary of Labor or
EPA. The engineer further agrees that this
agreement shall include and be subject to
the "Labor Standards Provisions for Feder-
ally Assisted Construction Contracts" (EPA
form 5720 -4) in effect at the time of execu-
tion of this agreement.
13. EQUAL EMPLOYMENT OPPORTUNITY
In accordance with EPA policy as ex-
pressed In 40 CFR 30.420 -5, the engineer
agrees that he will not discriminate against
any employee or applicant for employment
because of race, religion, color, sex, age, or
national origin.
14. UTILIZATION OF SMALL AND MINORITY
BUSINESS
In accordance with EPA policy as ex-
pressed in 40 CFR 35.938 -7, the engineer
agrees that qualified small business and mi-
nority business enterprises shall have the
maximum practicable opportunity to par-
ticipate in the performance of EPA grant
assisted contracts and subcontracts.
1S. COVENANT AGAINST CONTINGENT PEES
The engineer warrants that no person or
selling agency has been employed or re-
tained to solicit or secure this contract upon
an agreement or understanding for a com-
mission, percentage, brokerage, or contin-
gent fee, excepting bona fide employees. For
breach. or violation of this warranty the
ownerrshall have the right to annul this
agreement without liability or in its discre-
tion to deduct from the contract price or
consideration. or otherwise recover. the full
Pt. 35, Subpt. E, App. C-2
amount of such commission, percentage,
brokerage, or contingent fee.
18.GRATUITIES
(a) If It is found, after notice and hearing,
by the owner that the engineer, or any of
the engineer's agents or representatives, of-
fered or gave gratuities (in the form of en-
tertainment, gifts, or otherwise), to any offi-
cial, employee. or agent of the owner, of the
State, or of EPA in an attempt to secure a
contract or favorable treatment in award-
ing, amending, or making any determina-
tions related to the performance of this
agreement, the owner may, by written
notice to the engineer, terminate the right
of the engineer to proceed under this agree-
ment. The owner may also pursue other
rights and remedies that the law or this
agreement provides. However, the existence
of the facts upon which the owner bases
such findings shall be In issue and may be
reviewed in proceedings under the remedies
clause of this agreement.
(b) In the event this agreement is termi-
nated as provided In paragraph (a) hereof,
the owner shall be entitled: (1) To pursue
the same remedies against the engineer as it
could pursue in the event of a breach of the
contract by the engineer, and (2) as a penal-
ty. in addition to any other damages to
which it may be entitled by law, to exempla-
ry damages In an amount (as determined by
the owner) which shall be not less than 3
nor more than 10 times the costs the engi-
neer incurs in providing any such gratuities
to any such officer or employee.
17. PATENTS
If this agreement involves research, devel-
opmental, experimental, or demonstration
work and any discovery or invention arises
or is developed in the course of or under
this agreement, such invention or discovery
shall be subject to the reporting and rights
provisions of subpart D of 40 CFR part 30,
In effect on the date of execution of this
agreement, Including Appendix B of part 30.
In such cane, the engineer shall report the
discovery or invention to EPA directly or
through the owner, and shall otherwise
comply with the owner's responsibilities in
accordance with subpart D of 40 CFR part
30. The engineer agrees that the disposition
of rights to inventions made under this
agreement shall be in accordance with the
terms and conditions of Appendix B. The
engineer shall include appropriate patent
provisions to achieve the purpose of this
condition In all subcontracts involving re-
search, developmental, experimental, or
demonstration work.
18. COPYRIGHTS AND RIGHTS IN DATA
(a) The engineer agrees that any plane,
drawings, designs. specifications, computer
CAA
40 CFR Ch. 1 (7 -1 -90 Edition)
programs (which are substantially paid for
with EPA grant funds), technical reports,
operating manuals. and other work submit-
ted with a step 1 facilities plan or with a
step 2 or step 3 grant application or which
are specified to be delivered under this
agreement or which are developed or pro-
duced and paid for under this agreement
(referred to in this clause as "Subject
Data") are subject to the rights in the
United States, as set forth in subpart D of
40 CFR part 30 and in Appendix C to 40
CFR part 30, in effect on the date of execu-
tion of this agreement. These rights include
the right to use, duplicate, and disclose such
subject data, in whole or in part, in any
manner for any purpose whatsoever, and to
have others do so. For purposes of this
clause, "grantee" as used in Appendix C
refers to the engineer. If the material is
copyrightable, the engineer may copyright
it, as Appendix C permits, subject to the
rights in the Government in Appendix C,
but the owner and the Federal Government
reserve a royalty -free, nonexclusive, and ir-
revocable license to reproduce, publish, and
use such materials, in whole or in part, and
to authorize others to do so. The engineer
shall include appropriate provisions to
achieve the purpose of this condition in all
subcontracts expected to produce copyright
able subject data.
(b) All such subject data furnished by the
engineer pursuant to this agreement are in-
struments of his services in respect of the
project. It 1s understood that the engineer
does not represent such subject data to be
suitable for reuse on any other protect or
for any other purpose. If the owner reuses
the subject data without the engineer's spe-
cific written verification or adaptation, such
reuse will be at the risk of the owner, with-
out liability to the engineer. Any such veri-
fication or adaptation will entitle the engi-
neer to further compensation at rates
agreed upon by the owner and the engineer.
APPENDIX C-2—REQUIRED
PROVISIONS CONSTRUCTION CONTRACTS
SUPPLEMENTAL GENERAL CONDITIONS
1. General
2. Changes
3. Differing Site Conditions
4. Suspension of Work
5. Termination for Default: Damages for
Delay; Time Extensions
6. Termination for Convenience
7. Remedies
8. Labor Standards
9. Utilization of Small or Minority Busi-
ness
10. Audit; Access to Records
11. Price Reduction for Defective Cost or
Pricing Data
Environmental Protection Agency
12. Covenant Against Contingent Fees
13. Gratuities
14. Patents
15. Copyrights and Rights in Data
16. Prohibition Against Listed Violating
Facilities
17. Buy American
1. GENERAL
(a) The owner and the contractor agree
that the following supplemental general
provisions apply to the work to be per-
formed under this contract and that these
provisions supersede any conflicting provi-
sions of this contract.
(b) This contract is funded In part by a
grant from the U.S. Environmental Protec-
tion Agency. Neither the United States nor
any of its departments, agencies or employ-
ees is a party to this contract. This contract
1s subject to regulations contained In 40
CFR 35.938, 35.938, and 35.939 in effect on
the date of execution of this contract.
(c) The owner's rights and remedies pro-
vided in these clauses are In addition to any
other rights and remedies provided by law
or under this contract.
2. CHANGES
(a) The owner may, at any time, without
notice to the sureties, by written order des-
ignated or indicated to be a change order,
make any change in the work within the
general scope of the contract. Including but
not limited to changes
(1) In the specifications (including draw-
ings and designs);
(2) In the method or manner of perform-
ance of the work;
(3) In the owner furnished facilities,
equipment, materials, services, or site; or
(4) Directing acceleration in the perform-
ance of the work.
(b) Any other written order or an oral
order (which terms as used in this para-
graph (b) shall include direction, instruc-
tion, interpretation, or determination) from
the owner, which causes any such change,
shall be treated as a change order under
this clause, if the contractor gives the owner
written notice stating the date, circum-
stances, and source of the order and if the
contractor regards the order as a change
order.
(c) Except as provided in this clause, no
order, statement, or conduct of the owner
shall be treated as a change under this
clause or shall entitle the contractor to an
equitable adjustment.
(d) If any change under this clause causes
an increase or decrease In the contractor's
cost of, or the time required for. the per-
formance of any part of the work under this
contract, whether or not changed by any
order. an equitable adjustment shall be
made and the contract modified in writing
Pt. 35, Subpt. E, App. C -2
accordingly. However, except for. c'ylims
based on defective specifications, no claim
for any change under paragraph (b) of this
section 2., shall be allowed for any costs in-
curred more than 20 days before the con-
tractor gives written notice as there re-
quired. Also, in the case of defective specifi-
cations for which the owner is responsible,
the equitable adjustment shall include any
increased cost reasonably incurred by the
contractor in attempting to comply with
such defective specifications.
(e) If the contractor Intends to assert a
claim for an equitable adjustment under
this clause, he must, within 30 days after re-
ceipt of a written change order under (a)
above or the furnishing of a written notice
under paragraph (b) of this section 2..
submit to the owner a written statement
setting forth the general nature and mone-
tary extent of such claim, unless the owner
extends this period. The statement of claim
hereunder may be included in the notice
under paragraph (b) of this section 2.
(f) No claim by the contractor for an equi-
table adjustment hereunder shall be al-
lowed if asserted after final payment under
this contract.
3. DIFFERING SITE CONDITIONS
(a) The contractor shall promptly, and
before such conditions are disturbed, notify
the owner in writing of: (1) Subsurface or
latent physical conditions at the site differ-
ing materially from those indicated in this
contract. or (2) unknown physical condi-
tions at the site, of an unusual nature, dif-
fering materially from those ordinarily en-
countered and generally recognized as in-
hering in work of the character provided for
in this contract. The owner shall promptly
investigate the conditions. If he finds that
such conditions do materially differ and
cause an increase or decrease in the contrac-
tor's cost of, or the time required for, per-
formance of any part of the work under this
contract, whether or not changed as a result
of such conditions, an equitable adjustment
shall be made and the contract modified in
writing accordingly.
(b) No claim of the contractor under this
clause shall be allowed unless the contractor
has given the notice required In paragraph
(a) of this clause, except that the owner
may extend the prescribed time.
(c) No claim by the contractor for an equi-
table adjustment hereunder shall be al-
lowed if asserted after final payment under
this contract.
4. SUSPENSION OP WORK
(a) The owner may order the contractor in
writing to suspend. delay, or interrupt all or
any part of the work for such period of time
AMENDMENT 1
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE CITY OF PORT ANGELES AND
BROWN AND CALDWELL FOR
DESIGN OF SECONDARY TREATMENT FACILITIES
AND GENERAL EXPANSION OF THE PORT ANGELES TREATMENT PLANT
THIS AMENDMENT 1 TO THE AGREEMENT FOR ENGINEERING
SERVICES dated June 6, 1989, between the City of Port Angeles,
hereinafter referred to as "Owner," and Brown and Caldwell, Inc.,
a California corporation, hereinafter referred to as "Engineer,"
is made this 1601 day of January 1990.
WITNESSETH:
-0i
WHEREAS, on June 6, 1989, Owner and Engineer entered into
an Agreement entitled Design of Secondary Treatment Facilities
and General Expansion of the Port Angeles Treatment Plant; and
WHEREAS, in Article IIB of said Agreement, Owner and
Engineer agree that certain of the work contemplated to be
performed by Engineer could not be sufficiently defined at the
time of execution of the Agreement; and
WHEREAS, Engineer has available and offers to provide
personnel and facilities necessary to perform the additional
services specified within the required time;
NOW, THEREFORE, in consideration of the mutual covenants
of the parties thereto, the Agreement is amended as follows:
Item 1. In the Agreement, Article I, Description of
Project, change the Exhibit A date to read:
"dated January 2, 1990
Item 2. In Exhibit A, replace the title sheet and the
entirety of Exhibit A, Part A -1 with the attached which
are dated January 2, 1990, at the bottom of each sheet.
Item 3. In the Agreement, Article IIA, Planned
Engineering Services, change the Exhibit B date to read:
"dated January 2, 1990
Amendment 1 -Page 1 of 2
January 2, 1990
g /4597 /agree /amend -1 /cp
Signature
Item 4. In Exhibit B, replace the title sheet with the
attached which is dated January 2, 1990. Insert new task
description sheets as follows:
Task C15
Task C16
Task C17
Plan of Operation
Quality Assurance Plan
Value Engineering (VE)
Item 5. In Exhibit C, replace Table C -1 with the
attached dated January 2, 1990.
BROWN AND CALDWELL OWNER
Sgature
Joan K. Sargent
mw<i /l!
Printed name Printed name
%07/W iKi2 //1/l!G E,A?
Title
Date
Amendment 1 -Page 2 of 2
January 2, 1990
Mayor
Title
January 16, 1990
Date
g /4597 /agree /amend -1 /cp
PART A -2
Latest Revision
January 2, 1990
EXHIBIT A
DESCRIPTION OF PROJECT
PART A -1 GENERAL /RELATION TO TOTAL WASTEWATER PROGRAM
DESCRIPTION OF TREATMENT PLANT EXPANSION-
EXCERPTED FROM CHAPTER 10 RECOMMENDED PLAN
OF THE FACILITY PLAN
4597 /agree /exhib -a /cp
Latest Revision
January 2, 1990
EXHIBIT A
DESCRIPTION OF PROJECT
PART A -1
GENERAL /RELATION TO TOTAL WASTEWATER PROGRAM
The City of Port Angeles has a 20 -year wastewater capital
improvement program (CIP) which includes work upon its treatment
plant and collection system. The CIP is outlined in a Facility
Plan document dated September 1989 which was approved by the
Washington Department of Ecology (WDOE) on December 8, 1989. The
initial construction contract includes expansion of the treatment
plant to secondary and minor improvements to collection system
Pumping Station 4.
Design work includes predesign tasks to refine planning
concepts related to sludge thickening and sludge conditioning for
dewatering, as well as development of non process design criteria
for laboratory and administration space for personnel.
The treatment plant will be expanded from a primary plant
currently receiving 4.5 mgd (design flow- maximum month) to a 6.7
mgd secondary plant. Peak secondary flow will be 10.6 mgd, and
peak primary flow will match existing influent peaks of 13.4 mgd.
The plant will meet standard secondary and 85 percent removal
criteria for BOD and suspended solids.
Flow will be screened, metered, and apportioned to one new
and one existing primary. Secondary treatment will be provided
by the trickling filter /solids contact (TF /SC) process.
Disinfection will be by conventional liquid chlorine.
Dechlorination will not be provided. An effluent pumping station
will be provided for high flow conditions to allow continued use
of the existing outfall. Grit and screenings will be permanently
removed from the flow. Trickling filter effluent will be
degritted to remove snails. Sludge thickening will be provided
prior to stabilization in anaerobic digesters converted to
parallel operation. Personnel and laboratory facilities will be
expanded. Sludge dewatering facilities will allow either
thickened or dewatered sludges to be produced to facilitate
several sludge disposal options. Initial sludge disposal will be
as an additive in the daily cover at the City's landfill.
Pumping Station 4 will have a third pump installed as a
standby unit in an auxiliary outdoor enclosure until Pumping
Station 4 is completely upgraded later in the wastewater program.
4597 /agree /exhib -a /cp
Latest Revision
January 2, 1990
EXHIBIT B
SCOPE OF WORK- -CITY OF PORT ANGELES
TREATMENT PLANT EXPANSION
4597 /agree /exhib -b /cp
Task C15: Plan of Operation
Obiective. The purpose of a "Plan of Operation" is to
identify in chronological order and describe those key milestones
and actions from beginning of construction to the end of startup
necessary to achieve a cost effective, efficient, and reliable
wastewater treatment plant. Each task description should
identify the person or persons responsible for the task.
An initial "Plan of Operation" is to be submitted to WDOE for
review and approval with the plans and specifications to verify
that the grantee is committed to implementing proper staffing,
training, startup, and operating requirements. The "Plan of
Operation" must be updated as appropriate before the start of
construction and at the 50 percent and 90 percent stages of Step
III construction (or more often if significant project changes
occur) and resubmitted to WDOE for approval.
Because construction will follow design so closely, this task
covers the initial Plan of Operation and its first update made
just prior to start of construction.
Approach.
of Operations,
Products.
Latest Revision
January 2, 1990
Contents to be as defined in WDOE Guideline -Plan
February 1983.
Initial and first update of the Plan of Operation.
4597 /agree /exhib -b /cp
Task C16: Ouality Assurance Plan
Obiective. The purpose of the Quality Assurance Plan is to
describe how adequate construction management will be provided by
the Owner during the construction phase of the project.
Approach. Preparation and submission of a Construction
Quality Assurance Plan is a WDOE requirement. This plan will be
prepared consistent with WDOE guidelines dated April 1983.
Products. The Quality Assurance Plan will include the
following:
1. Construction schedule methodology
2. City of Port Angeles construction organization
3. Quality control testing
4. Change order process
5. Technical records handling
6. Construction inspection
A draft of the plan will be prepared and submitted to WDOE at
least 30 days prior to the start of construction.
Latest Revision
January 2, 1990
4597 /agree /exhzb -b /cp
Task C17: Value Enaineerina (VE)
Objective. A WDOE SRF Loan and Centennial Grant requirement
is for Value Engineering by an independent review team. WDOE has
decided that one review session at approximately the 20 percent
stage of design completion is required.
Approach. Brown and Caldwell will prepare review drawings
and design documents, complete its construction cost estimate,
and make an initial presentation to the City- contracted (not
under this task) Value Engineering (VE) team. Brown and Caldwell
staff will be available to appear before the VE team to answer
questions or provide data. After the VE team has prepared its
report, Brown and Caldwell will prepare a response to each item
for final review and direction from the City.
Products. Pre -VE session: review documents, cost estimate.
Post -VE session: response to VE comments.
Latest Revision
January 2, 1990
4597 /agree /exhib -b /cp
Task C15: Plan of Operation
Obiective. The purpose of a "Plan of Operation" is to
identify in chronological order and describe those key milestones
and actions from beginning of construction to the end of startup
necessary to achieve a cost effective, efficient, and reliable
wastewater treatment plant. Each task description should
identify the person or persons responsible for the task.
An initial "Plan of Operation" is to be submitted to WDOE for
review and approval with the plans and specifications to verify
that the grantee is committed to implementing proper staffing,
training, startup, and operating requirements. The "Plan of
Operation" must be updated as appropriate before the start of
construction and at the 50 percent and 90 percent stages of Step
III construction (or more often if significant project changes
occur) and resubmitted to WDOE for approval.
Because construction will follow design so closely, this task
covers the initial Plan of Operation and its first update made
just prior to start of construction.
Approach. Contents to be as defined in WDOE Guideline -Plan
of Operations, February 1983.
Products. Initial and first update of the Plan of Operation.
Latest Revision
January 2, 1990
4597 /agree /exhib -b /cp
Task Title Cost Fee Total
Al Project Management 79,571 11,936 91,507
B1 Septage Handling and Treatment 22,330 3,349 25,679
B2 Laboratory, Personnel, Shop 20,992 3,149 24,141
B3 Sludge Thickening 10,157 1,523 11,680
B4 Sludge Conditioning 4,379 657 5,036
B5 Geotechnical Investigations 38,026 5,704 43,730
B6 Basis of Design Report 36,735 5,510 42,246
Cl Reg Agency Coord 27,509 4,126 31,636
C2 Process and Instr. Diagrams Design 130,338 19,551 149,888
C3 General and Civil Design 81,440 12,216 93,656
C4 Mechanical Design 530,831 79,625 610,456
C5 Structural Design 317,943 47,691 365,634
C6 Architectural Design 93,409 14,011 107,420
C7 Electrical Design 240,950 36,142 277,092
C8 Quality Control /Design Reviews 126,541 18,981 145,522
C9 Spec Index /Legal, Procedural doc 11,754 1,763 13,518
C10 Construction Cost Estimate 7,351 1,103 8,453
C11 Construction Schedule 4,704 706 5,409
C12 Continuity /Proposal Response 14,190 2,128 16,318
C13 Printing of Documents 67,861 10,179 78,040
C14 City and Regulatory Hearings 16,276 2,441 18,717
C15 Plan of Operation 4,002 600 4,602
C16 Quality Assurance Plan 2,520 378 2,898
C17 Value Engineering 8,238 1,236 9,474
D1 Project Funding 23,961 3,594 27,555
D2 Alternative Sludge Disposal 25,001 3,750 28,751
D3 CSO Monitoring 4,449 667 5,116
D4 Fac Plan Follow -Up 32,303 4,845 37,148
D5 Directed Services 42,419 6,363 48,782
Revised 2- Jan -90
SUM.XLS
TABLE C -1 PORT ANGELES PREDESIGN /DESIGN COSTS
TOTAL 2,026,180 303,927 2,330,107
AMENDMENT 2
TO
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE CITY OF PORT ANGELES AND
BROWN AND CALDWELL FOR
DESIGN OF SECONDARY TREATMENT FACILITIES
AND GENERAL EXPANSION OF THE PORT ANGELES TREATMENT PLANT
THIS AMENDMENT 2 TO THE AGREEMENT FOR ENGINEERING
SERVICES dated June 6, 1989, between the City of Port Angeles,
hereinafter referred to as "Owner," and Brown and Caldwell, Inc.,
a California corporation, hereinafter referred to as "Engineer,"
is made this 6th day of November 1990.
WITNESSETH:
WHEREAS, on June 6, 1989, Owner and Engineer entered into
an Agreement entitled Design of Secondary Treatment Facilities
and General Expansion of the Port Angeles Treatment Plant; and
WHEREAS, in Article IIB of said Agreement, Owner and
Engineer agree that certain of the work contemplated to be
performed by Engineer could not be sufficiently defined at the
time of execution of the Agreement; and
WHEREAS, Engineer has available and offers to provide
personnel and facilities necessary to perform the additional
services specified within the required time;
NOW, THEREFORE, in consideration of the mutual covenants
of the parties thereto, the Agreement is amended as follows:
Item 1. In the Agreement, Article IIA, Planned
Engineering Services, change the Exhibit B date to read:
"dated September, 1990
Item 2. Insert at the end of Exhibit B, the attached
"Summary Description of Project Changes at the End of
Predesign September, 1990
Item 3. In Exhibit C, replace Table C -1 with the
attached dated August 28, 1990.
Amendment 2 -Page 1 of 2
November 1, 1990
g: \user \4597 \agree \amend -2 \sjw
54201
BROWN AND CALDWELL OWNER
Signatu eU Srature
c�'o e L E J r-tP950/J
U
Joan K. Sargent
Printed name Printed name
4cT7A/ API M1GE
Title
f fin
Dat e
Amendment 2 -Page 2 of 2
November 1, 1990
Mayor
Title
November 6, 1990
Date
g. user \4597\ agree \a mend -2 \sew
SUMMARY DESCRIPTION OF PROJECT CHANGES AT THE END OF PREDESIGN,
SEPTEMBER, 1990
Some items are completely new work which can be estimated as
new units of effort, while other items impact labor simply
because of rework or lost effort to due to changes to the final
product, the cumulatimve effect of the latter are lumped together
as the last item in this listing.
1. Level wiers in existing primary (VE item L53) -new
structural drawing.
2. Reframe and reroof the Administration and Digester
Control Buildings (Optional work item 2) -two new
structural drawings and architectural specifications.
3. VE Analysis -The format of response to VE suggestions was
established by the selected VE team. The typical level
of effort to respond was likewise established by the
format adopted by the selected VE team which indicated
the overall VE response cycle took 5 -6 weeks. Brown and
Caldwell VE budgets were established prior to selection
of the VE team and were inadequate for the number of
items requiring detailed responses and development of
further comparitive cost estimates. This item reimburses
actual additional expenditures for this now completed and
closed work activity.
4. Resubmission of Construction Grant Application-
Construction funding under the State's Centennial Grant
program was previously applied for as scoped under Task
D1 Construction Funding. The State found that additional
monies might be available from strictly federal sources
and suggested that the City reapply for an EPA grant.
The City agreed. Cost increases shown for this item are
estimated costs beyond current budget available under
Task D1 to complete the reapplication and associated
work.
5. Task Bi Septage Study was originally scoped for analysis
of septage and an analysis of leachate was later directed
to be added. The work, however, was accomplished within
the original budget and no increases are requested.
6. Addendum 1 to the facility plan adds work at Pumping
Station 4 (an enclosed interim pumping unit and controls)
to this contract. Drawings and design effort for this
work have not previously been accounted for.
7. Extension of the overall project by 5 months has a
significant impact upon certain ongoing costs.
g. \user \4597\summary\fel
Especially impacted are Task Al Project Administration
and Task Cl Regulatory Agency Coordination. This item is
here discussed so that the client is aware of these
costs. We believe that these tasks can be completed as
budgeted and no increase is requested at this time.
8. The CSO Monitoring task (D3) to develop a short and long
term monitoring plan was completed as scoped. As
evidenced by ongoing phone requests, there appears to be
a need to provide ongoing aid in training and operation
of the monitoring equipment and related reporting to the
State. A small increase in this task's budget is
required to provide for this on -call assistance. The
City should consider, prior to authorization, whether
more formal training or programs are desired.
9. The addition of a filtrate storage tank similar in size
to the sludge storage tank -1 mechanical and 2 structural
drawings.
10. Analyze all structures for cost benefits of installing
run around heat recovery coils on the once through air
conditioning systems.
11. Addition of deep tank drain pumping station -1
mechanical and 1 structural drawing.
12. Miscellaneous rework:
g. \user \4597\su mmary \fet
a. Combine interstage and trickling filter pumping
stations and associated plant hydraulics.
b. Add roller guides to the existing floating digester
cover.
c. Accomodate future gravity thickener covers.
d. Insulate digester covers.
e. Create smaller but considerably different three level
sludge dewatering building.
f. This listing assumes no new Brown and Caldwell work
at the landfill and that the City stay with Belt
Filter presses City designated needing further
review by them but no reply at this time).
Simplification of final product but 100% start over
on the disinfection system by change to Sodium
Hypochlorite system (VE item L39).
g.
A -3
Task Title Cost Fee Total
Al Project Management 79,571 11,936 91,507
B1 Septage Handling and Treatment 15,644 2,346 17,990
B2 Laboratory, Personnel, Shop 20,992 3,149 24,141
B3 Sludge Thickening 10,157 1,523 11,680
B4 Sludge Conditioning 4,379 657 5,036
B5 Geotechnical Investigations 38,026 5,704 43,730
B6 Basis of Design Report 20,000 3,000 23,000
Cl Reg Agency Coord 27,509 4,126 31,636
C2 Process and Instr. Diagrams Design 130,338 19,551 149,888
C3 General and Civil Design 87,040 13,056 100,096
C4 Mechanical Design 555,033 83,255 638,288
C5 Structural Design 346,959 52,044 399,003
C6 Architectural Design 94,449 14,167 108,616
C7 Electrical Design 247,190 37,078 284,268
C8 Quality Control /Design Reviews 126,541 18,981 145,522
C9 Spec Index /Legal, Procedural doc 11,754 1,763 13,518
010 Construction Cost Estimate 7,351 1,103 8,453
011 Construction Schedule 4,704 706 5,409
C12 Continuity /Proposal Response 14,190 2,128 16,318
C13 Printing of Documents 67,861 10,179 78,040
C14 City and Regulatory Hearings 16,276 2,441 18,717
C15 Plan of Operation 4,002 600 4,602
C16 Quality Assurance Plan 2,520 378 2,898
C17 Value Engineering 16,438 2,466 18,904
D1 Project Funding 26,697 4,005 30,702
D2 Alternative Sludge Disposal 20,001 3,000 23,001
D3 CSO Monitoring 8,549 1,283 9,832
D4 Fac Plan Follow -Up 32,303 4,845 37,148
D5 Directed Services 35,331 5,300 40,631
D6 Environmental Assessment 7,089 1,063 8,152
Revised 28- Aug -90
SUMAUG28.XLS
TABLE C -1 PORT ANGELES PREDESIGN /DESIGN COSTS
TOTAL 2,078,893 311,834 2,390,727
AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE CITY OF PORT ANGELES
AND BROWN AND CALDWELL FOR
WASTEWATER SECONDARY TREATMENT PROGRAM
THIS AGREEMENT is by and between the CITY OF PORT ANGELES,
hereinafter referred to as "City and BROWN AND CALDWELL, a California
corporation authorized to provide consulting engineering services in
the State of Washington, hereafter referred to as "Engineer
WITNESSETH:
5 2 07
AT1217[3]
WHEREAS, the City is obligated to abide by a Federal Court Consent
Decree (Consent Decree) negotiated with the Federal Environmental
Protection Agency (EPA) and the Washington State Department of Ecology
(WDOE) to upgrade its wastewater facilities to secondary treatment and
reduce the current levels of combined sewer overflows; and
WHEREAS, the City desires to employ the Engineer to perform the
necessary engineering services in connection with upgrading the City
wastewater facilities to comply with EPA and WDOE agreements; and
WHEREAS, the Engineer has available and offers to provide person-
nel and facilities necessary to accomplish the work within the required
time; and
WHEREAS, the City wishes to obtain said services of said Engineer;
NOW, THEREFORE, the City and Engineer agree as follows:
I DESCRIPTION OF PROJECT
To meet State and Federal regulations and to comply with the Con-
sent Decree, which is attached hereto as Exhibit "D" and incorporated
herein by this reference, improvements to wastewater facilities include
provision of secondary level of treatment of its wastewater, control of
collection system overflows to receiving waters, and implementation of
a long -term sludge disposal plan.
To accomplish the program, engineering services have been seg-
mented into five work phases,, identified below:
Phase I Engineering 12oort
Phase II Basis of Design Report
Phase III Detailed Design
Phase IV Construction Management
Phase V Operations and Maintenance (0 M) Manuals and Startup
Assistance and Performance Certification
AT1217[3]
The Phase I Engineering Report will document the service area,
waste characteristics, regulatory requirements, and existing facili-
ties. Data from the 1978 Engineering Report will be utilized where
appropriate. It will define alternative waste management plans
inclusive of treatment plant, collection system, and sludge options,
and will recommend a specific wastewater management program for Port
Angeles, together with an implementation schedule and financing plan.
The scope of the remaining phases will depend upon the specific program
selected by the City at the end of Phase I.
The Phase II work will develop the recommended wastewater manage-
ment program to the point where all major engineering decisions are
made.
The Predesign (or "Basis of Design Report will define secondary
treatment recommendations which, depending upon the specific program
selected by the City, may include the following: process design
criteria, process unit sizing, plant layout, hydraulics profile,
process controls, and construction staging. The Report will define the
details of the collection system modifications including pump station
modifications and interceptor paralleling and collection system re-
habilitation. The Report will define the site for sludge disposal and
the facilities as required to store, transport, and dispose of the
sludge. The defined alternatives will be costed to validate the Phase
I assumptions.
The Phase III detailed design develops the detailed drawings and
specifications as required to produce bid documents. For cost estimat-
ing purposes it is assumed that: 1) secondary treatment requirements
will be accomplished by upgrading the City's wastewater treatment
plant, as more fully developed in Exhibit A; 2) the 20 -year wastewater
treatment plant capacity program will be designed through to final
contract documents, the actual system selected in Phase I will be
determined by negotiation with DOE and with any necessary private
interests in the event that some form of privatization is selected for
the wastewater management program; and 3) collection system and sludge
disposal detailed design as required to address raw sewage overflows
and control of combined sewer overflows will be negotiated following
definition of recommendations of the Phase II report.
The Phase IV construction management services are based on a
treatment plant construction program of eighteen (18) months duration.
The Phase V 0 M manual /startup assistance and performance certifica-
tion is based upon development of a manual for the upgraded treatment
plant, assistance in the startup, and issuance of a performance
certification twelve (12) months after startup.
II SCOPE OF ENGINEERING SERVICES
Engineer agrees to perform those services which are more particu-
larly described hereafter. Unless modified in writing by the party to
be charged, duties of Engineer shall not be construed to exceed those
services specifically set forth herein.
A. Planned Engineering Services
Engineer agrees to perform those planned tasks for Phase I as
described in Exhibit "A" entitled "Scope of Work City of Port Angeles
Wastewater Program Compensation for planned tasks shall be as pro-
vided in Exhibit "B" entitled "Compensation At the completion of
Phase I, Engineer agrees to negotiate the specific planned tasks to be
performed in Phases II through V and to amend Exhibits "A" and "B"
accordingly. The schedule for performing those planned tasks is
identified in Exhibit "C
B. Special Engineering Services
City and Engineer agree that certain special work that may need to
be performed by 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 "A" may be needed
during performance of this Agreement. It is intended that such
categories of work be classified as Special Engineering Services.
Special engineering services include, but are not limited to, the
following:
1. Pilot plant studies.
2. Value engineering review sessions by Owner or Owner's
representatives.
3. Factory inspection of manufacturing practices; i.e.,
fiberglass fabrication or pipe lining and coating; or
owner witnessed tests; i.e., pumps, generators, etc.
4. Halon, sprinkler, or fire alarm systems.
5. Remote telemetry systems or cogeneration systems.
AT1217[3]
6. Assistance to City as expert witness in arbitration or
litigation arising from development or construction of
project and in hearings before various regulatory and
approving agencies.
7. Services consequent upon the failure of the construction
contractor to carry out his contract.
8. Other services not specifically provided in this Agree-
ment.
III SCOPE OF OWNER SERVICES
Owner agrees to provide facilities and equipment and to perform
services which are particularly described as follows:
A. Reproducible copies of treatment plant and collection system
as -built drawings.
B. Copies of wastewater customer information and treatment plant
operating records.
AT1217[3]
C. Wastewater sampling and analysis as required to define waste
characteristics for biological treatment modeling.
D. Operations staff report as required for the evaluation of
existing facilities and input on proposed alternatives.
E. Installation and maintenance of CSO flow monitors.
IV SCHEDULING AND AUTHORIZATION
A. The parties hereto understand and agree that the project to
be constructed based on Engineer's design must be completed
by December 31, 1992, and that said project must achieve
compliance with secondary treatment effluent limitations as
contained in NPDES Permit No. WA- 002397 -3 by April 1, 1993,
as mandated in the Consent Decree.
B. Time is of the essence in the performance and completion of
the work and services required under this Agreement.
Engineer will complete its work and services within the
project schedule, including the established milestones and
task and project completion dates, as set forth in this
Agreement and the Consent Decree. Engineer will pay any
stipulated penalties that City may become obligated to pay
under said Consent Decree to the extent and in the proportion
that such penalties are caused by delay or other violation
attributable to the failure of Engineer to perform the work,
duties, and services required under this Agreement.
C. Specific authorization to proceed with the work described in
Exhibit "A" as Phase I is hereby granted. Phase I shall be
completed and submitted to WDOE by March 31, 1989.
Specific authorization to proceed with Phases II through V,
or any portion thereof, shall be granted in writing by the
City within a reasonable time after the City's acceptance of
Phase I work and WDOE's approval of the selected wastewater
management system. Engineer shall not proceed with the work
without such authorization. Such authorization shall set
forth the date of commencement of such work; a mutually
acceptable definition of the work to be done, which shall be
incorporated in Exhibit "A a mutually acceptable basis for
compensation for the work, which shall be incorporated in
Exhibit "B and a mutually acceptable schedule of progress
and completion of the work, which shall comply with the
Consent Decree and Exhibit "C" and shall be incorporated in
Exhibit "C
For special services, authorization by the City shall be in
writing and shall include a mutually acceptable definition of
the work to be done, a mutually acceptable schedule for
commencing and completing the work, and a mutually acceptable
basis for compensation for the work.
-4-
V COMPENSATION
For the services described in Exhibit "A" which are to be performed
by the Engineer, City agrees to pay, and Engineer agrees to accept,
compensation as set forth in Exhibit "B Compensation for special
services shall be as agreed upon by Engineer and City and set forth in
the written authorization for special services. Payment to the Engineer
is due upon receipt of invoice by Owner. If payment is not made within
30 days of a properly documented and valid invoice, interest on the
unpaid balance will 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 direct expenses determined in accordance with Exhibit
"B" shall be billed in summary form to the Owner in calendar monthly
billing periods, provided that upon Owner request, Engineer will
provide detailed explanation of direct expenses.
If, during the life of this Contract, the State of Washington
imposes a retail sales tax on professional engineering services, the
costs of such tax shall be the responsibility of the City and compensa-
tion cost ceilings shall be increased by the amount of such tax.
VI RESPONSIBILITY OF ENGINEER
AT1217 [3]
A. Professional Expertise, Standard of Performance, and Warranty
1. Engineer represents that it is fully experienced,
properly qualified, registered, licensed, equipped,
organized and financed to perform the work under this
Agreement. Engineer shall act as an independent
contractor in performing this Agreement, retaining
complete control over its employees and all of its
suppliers and subcontractors. Nothing contained in this
Agreement or any subcontract shall create any contrac-
tual relationships between any such supplier or subcon-
tractors and the City. Engineer shall perform its work
hereunder in accordance with its own methods subject to
compliance with the Agreement. The Engineer shall be
solely responsible for any claims for wages or compensa-
tion, or claims under the Workmen's Compensation Act or
any other claims, by or on behalf of Engineer's employ-
ees, agents and representatives, including subconsult-
ants, and shall save and hold the City harmless
therefrom.
2. The Engineer represents that it has, or will obtain, all
personnel necessary to perform the services required
under this Agreement and that such personnel shall be
qualified, experienced and licensed as may be necessary
or required by laws and regulations to perform such
services. The Engineer will remove from the project any
of its subconsultants or personnel assigned to the
project if, after the matter has been thoroughly con-
sidered by the City and the Engineer, the City considers
-5-
such removal necessary and in the best interests of the
project and so advises the Engineer in writing.
3. Engineer agrees that the work performed under this
Agreement shall conform to the standards of the
engineering profession.
4. It is understood and agreed by the parties hereto that
the Engineer has considerable experience in designing
secondary sewage treatment plants. Accordingly, the
City's main purpose in contracting with this Engineer is
to take advantage of the latter's experience as to
design criteria or constraints, performance standards
required by environmental and other regulators, and the
best and most economical methods and materials required
to accomplish the foregoing.
5. The Engineer shall comply, and shall ensure that its
subcontractors comply, with all Federal, State and local
laws, regulations, and ordinances, and Federal and State
grant agreements, applicable to the work and services to
be performed under this Agreement.
6. The Engineer shall be responsible for the professional
quality, technical adequacy and accuracy, timely comple-
tion and coordination of all plans, designs, drawings,
specifications, reports and other services prepared or
performed by the Engineer and its subcontractors under
this Agreement. The Engineer shall, without additional
compensation, correct or revise any Engineer's errors,
omissions or other deficiencies in such plans, designs,
drawings, specifications, reports and other services.
The City's approval of plans, drawings, designs, speci-
fications, reports, and other products of the profes-
sional services rendered hereunder shall not in any way
relieve the Engineer of responsibility for the technical
adequacy or accuracy thereof.
VII ASBESTOS AND HAZARDOUS SUBSTANCES
If asbestos or hazardous substances in any form are encountered or
suspected, the Engineer will stop its own work in the affected portions
of the project to permit testing and evaluation of the problem. If
asbestos is confirmed, the City will engage a specialty consultant or
contractor to study the affected portions of the work and perform all
remedial measures. If hazardous substances other than asbestos are
suspected, the Engineer will conduct tests to determine the extent of
the problem and will perform the necessary studies and recommend the
necessary remedial measures at an additional fee to be negotiated.
AT1217 [3]
VIII INDEMNIFICATION
Engineer shall indemnify, defend, and hold harmless the City, and
all of the City's officers, employees, principals and agents from all
claims, demands, suits, actions and liability of any kind, including
injuries to persons or damages to property, which arise out of, are
connected with, or are due to, any acts, errors or omissions, if
negligent or intentional, of the Engineer and /or the Engineer's
employees, agents, subcontractors and representatives in performing
work, services, and duties under this Agreement. In the event of any
such claims, demands, suits, actions or lawsuits, Engineer shall assume
all costs of defense thereof, including administrative and legal fees
incurred by the City, and of all resulting judgments that may be
obtained against the City or any of its officers, employees, princi-
pals, or agents. If, resulting therefrom, any lien is placed upon
property of the City or any of its officers, employees, principals, or
agents, the Engineer shall at once cause the same to be dissolved and
discharged by giving bond or otherwise.
IX INSURANCE
AT1217[3]
The Engineer shall maintain during the life of this Agreement the
following minimum insurance:
A. Comprehensive general liability insurance, including personal
injury liability blanket contractual liability and broad form
property damage liability coverage. The combined single
limit for bodily injury and property damage shall be not less
than $2 million.
B. Automobile bodily injury and property damage liability
insurance covering owned, non owned, rented and hired cars.
The combined single limit for bodily injury and property
damage shall be not less than $2 million.
C. Statutory workers' compensation insurance and employer's
liability insurance as required by State law.
D. Professional liability insurance covering damages resulting
from errors or omissions of the Engineer. The limit of
liability shall be not less than $1 million.
Upon request, the Engineer shall provide the City with evidence or
certificates of the insurance coverage required herein, which evidence
must be satisfactory to the City.
X SUBCONTRACTS
Engineer shall be entitled, to the extent determined appropriate
by the Engineer, to subcontract any portion of the work to be performed
under this project. Subcontractors will be employed as acceptable to
the City. Engineer shall be responsible to the City for the actions of
persons and firms performing subcontract work.
XI ASSIGNMENT
This Agreement is binding on the heirs, successors and assigns of
the parties hereto. This Agreement is not to be assigned by either the
City or Engineer without the prior written consent of the other.
XII INTEGRATION
This Agreement represents the entire understanding of the City and
Engineer as to those matters contained herein, and no prior oral or
written understanding shall be of any force or effect with respect to
those matters covered hereunder; provided, however, that the City's
rights and remedies in this Agreement shall be in addition to any other
rights and remedies provided by law; and provided further that nothing
in this Agreement shall be construed to limit the liability of the
Engineer for work not done in accordance with the Agreement, or express
or implied warranties. This Agreement may not be modified or altered
except in writing signed by both parties; provided, however, that the
City may direct the Engineer to revise portions of the work or to make
changes in the scope of engineering services; and provided further
that, if such changes cause an increase or decrease in the Engineer's
cost of, or time requiredfor, any services under this Agreement, an
equitable cost and /or completion time adjustment shall be made and this
Agreement shall be modified accordingly by mutual agreement.
XIII JURISDICTION
This Agreement shall be administered and interpreted under the
laws of the State of Washington. Jurisdiction and venue of any litiga-
tion arising from this Agreement shall be exclusively in the Superior
Court of the State of Washington in and for Clallam County. 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 laws, but the remainder of this Agreement shall be
in full force and effect.
XIV SUSPENSION OF WORK
AT1217[3]
The City may suspend, in writing, all or a portion of the work
under this Agreement in the event unforeseen circumstances beyond the
control of the City make normal progress in the performance of the work
impossible. The Engineer may request that the work be suspended by
notifying the City, 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 XV.
XV TERMINATION OF WORK
The City may terminate all or a portion of the work covered by
this Agreement for its convenience. Either the City or the Engineer
may terminate work in the event the other party fails to perform in
accordance with the provisions of this Agreement. Termination of this
-8-
Agreement is accomplished by 15 days prior written notice from the
party initiating termination to the other. Notice of termination shall
be delivered by certified mail with receipt for delivery returned to
the sender.
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 termin-
ated portion of the project prior to the effective date of termination.
Engineer shall be compensated for the terminated portion of the
work on the basis of work actually performed prior to the effective
date of termination plus the work required for filing and closing as
described in this Article.
Upon termination, or upon completion, of the work covered by this
Agreement, or any portion thereof, all data, plans, specifications,
reports, estimates, summaries, completed work and work in progress, and
such other information and materials as may have been accumulated by
Engineer in performing this Agreement, shall, in the manner and to the
extent determined by the City, become the property of, and be delivered
to, the City.
XVI EFFECTIVE DATE
This Agreement shall be effective the 31st day of July, 1987.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed in triplicate by their respective authorized officers or
representatives.
BROWN AND CALDWELL
BY:
DATE:
dcflidoth
ck Warburton
ice President
CITY OF PORT ANGELES
BY: aciel. a Z. tl
TITLE: `r1 1 (i kJ
0
DATE:
ATTEST:
(141\ tk,
City Clerk
APP ED AS TO FORM:" APP
c
City Attorney
AT1217 [3]
EXHIBIT "A"
SCOPE OF WORK
CITY OF PORT ANGELES WASTEWATER MANAGEMENT PROGRAM
AT1217[3]
Planned engineering services to be performed in accordance with
Section II of this Agreement are limited to those tasks described below
for Phase I. The scope of services for the five phases for each system
component is illustrated in Table 1. To reflect potential staging and
in recognition that specific program elements are undefined, the scope
of services for certain future program elements will be negotiated
following completion of the Engineering Report.
Compensation for services provided under Article II, "Scope of
Engineering Services shall be in accordance with the methods
described in this Exhibit and the specific amounts shown on the
attached schedule, or as may be later mutually agreed to.
I Method of Compensation
Compensation for each service or task authorized on a cost
reimbursement basis shall be the sum of direct labor cost, indirect
costs, and other direct costs plus a fixed professional fee. Costs to
be paid comprise the following:
A. Direct Labor Costs
Direct labor costs shall be the total number of hours worked
on the job by each employee times the actual rate of pay for that
individual. Pay rates are adjusted annually on October 1st.
B. Indirect Costs
EXHIBIT "B"
COMPENSATION
CITY OF PORT ANGELES
WASTEWATER SECONDARY STREATMENT PROGRAM
AT1217[3]
Indirect costs used for interim reimbursement purposes shall
be the product of all direct labor costs multiplied by an overhead rate
of 1.85.
C. Other Direct Costs
Other direct costs shall be billed at 1.15 cost and shall
include the following:
1. Services directly applicable to the work, such as
special legal and accounting expenses, computer rental
and programming costs, special consultants, borings,
commercial printing and binding, and similar costs that
are not applicable to general overhead.
2. Identifiable reproduction costs applicable to the work,
such as printing of drawings, photostating, multilith-
ing, printing and similar costs.
3. Identifiable communication expenses, such as long
distance telephone, telegraph, cable, express charges
and postage other than for general correspondence.
4. Living and traveling expenses of employees when away
from home office on business connected with work.
5. Automobile expenses at $0.25 per mile.
6. Word processing equipment charges at $10.00 per hour.
7. Computer charges at $20.00 per hour.
8. Subcontracted services.
D. Fixed Professional Fee
Fixed professional fee for engineering services shall be the
amount as listed in III below.
E. Progress Billing
The monthly compensation shall be the sum of all direct labor,
incurect costs, and other direct costs incurred during the month, plus
a percentage of the fixed professional fee. The percent of total fixed
professional fee to be paid each month shall be in proportion with the
total estimated cost completed. Upon completion of the work, the
balance of any fixed professional fee shall be paid.
II Schedule Assumptions and Cost
The estimated cost of each task is a function of the time required
to complete the task and at what point in time the work is carried out.
The schedule upon which the cost estimate is based is shown in
Attachment C.
III Compensation Schedule
For each task authorized under this agreement, compensation shall
be in accordance with applicable portions of this Agreement and shall
not exceed the following schedule:
Phase Cost Fee Total
I 167,895 25,186 193,081
AT1217[3]
EXHIBIT "A"
SCOPE OF WORK
CITY OF PORT ANGELES WASTEWATER MANAGEMENT PROGRAM
AT1217[3]
Planned engineering services to be performed in accordance with
Section II of this Agreement are limited to those tasks described below
for Phase I. The scope of services for the five phases for each system
component is illustrated in Table 1. To reflect potential staging and
in recognition that specific program elements are undefined, the scope
of services for certain future program elements will be negotiated
following completion of the Engineering Report.
Collection system
Sludge disposal
program
o: Included in defined scope of services.
Table 1. Port Angeles Wastewater Program
Scope of Services
Phase I Phase II Phase III PHASE IV PHASE V
System Engineering Pre- Geotech- Detailed Construction 0 M
Components report design Survey nical design management Manual Startup
Raw sewage
overflow o a a a a a a a
CSO control Program
Phase 1 o a a a a a a a
Phase 2 o a a a a a a a
Treatment plant
Phase 1 o a a a a a a a
Phase 2 o a a a a a a a
Sites o a a a a a a a
Sludge storage/
transportation/
application o a a a a a a a
a. Services will be negotiated following completion of the predesign report.
AT1217[3]
PORT ANGELES PHASE I
Task
number Task title
1 Phase I Project Management
2 Project Mobilization
3 Regulatory and Grant Agency Coordination and Negotiations
4 Engineering Report Baseline
5 Formulate Wastewater Program Alternatives
6 Conduct an Agency Evaluation /Consensus Session
7 Development of Recommended Wastewater Management Program
8 Financial Plan
9 Brown and Caldwell Review Board
10 Report Preparation
11 Printing and Submission of Engineering Report
12 Phase I, Geotechnical
13 Attendance at Council and Regulatory Agency Hearings
1. Executive Summary
2. Introduction
Purpose
History
Scope of Study
Acknowledgements
3. Service Area Characteristics
Service Area Boundaries
Geography
Topography
Geology
Surface Water
Climate
Air Quality
Population
4. Waste Characteristics
Definition of Terms
Wastewater Volume
Dry Weather Flows
Wet Weather Flows
Wastewater Composition
Wastewa ter Temperature
Other Wastewater Constituents
Infiltration and Inflow
Combined Sewer Overflow
Projected Wastewater Flows
Projected Wastewater Loadings
Design Criteria Summary
5. Existing Conditions
6. Regulatory Requirements
Grant Conditions
Wastewater
Combined Sewer Overflows
TABLE OF CONTENTS
ENGINEERING REPORT
Collection System
Port Angeles Treatment Plant Facilities
Port Angeles Sludge Program
ITT Rayonier Wastewater Treatment Facilities
Infiltration and Inflow
Sludge
Effluent Limitations
DOE Design Guidelines
Local Codes and Permits
7. Wastewater Program Alternatives
Evaluation Criteria
Collection System Alternatives
Raw Sewage Overflow Control
Combined Sewer Overflow Control
Sewer Separation
Transfer Conveyance
Storage
Wastewater Treatment Plant Alternatives
Liquid Stream
Solids Stream
ITT Rayonier /Split Plant
Long -Term Sludge Disposal
Sludge Disposal Alternative Analysis
Land Needs
Site Alternatives
8. Financial Plan
Current Financial Status
Alternative Financing Mechanisms
Recommended Financial Plan and Rate Schedule
9. Recommended Wastewater Management Program
Collection System
Wastewater Treatment Plant
Long -Term Sludge Disposal Program
Recommended Program
Implementation Schedule
Appendix A: Collection System Analysis
Appendix B: Wastewater Treatment Plant Analysis
Appendix C: Sludge Disposal Evaluation
Appendix D: Evaluation Criteria
PORT ANGELES PHASE I
COST ESTIMATE SUMMARY
Task Total Task Cost
PHASE I, PROJECT MANAGEMENT
PROJECT MOBILIZATION
REGULATORY AND GRANT AGENCY COORDINATION /NEGOTIATION
ENGINEERING REPORT BASELINE
FORMULATE WW PROGRAM ALTERNATIVES
CONDUCT AN AGENCY EVALUATION /CONSENSUS SESSION
DEVELOPMENT OF RECOMMENDED WW MANAGEMENT PROGRAM
FINANCIAL PLAN
BROWN AND CALDWELL REVIEW BOARD
REPORT PREPARATION
PRINTING AND SUBMISSION ENGINEERING REPORT
PHASE I, GEOTECHNICAL
ATTENDANCE AT COUNCIL AND REGULATORY AGENCY HEARINGS
17,330
4,574
31,842
48,198
30,127
8,668
18,430
9,657
3,689
6,191
7,182
5,750
1,444
Total 193,081
The Phase I program consists of 10 tasks as listed below and
described in the following section:
Task 1.0: Phase I, Project Management
Objective: To manage, administer, and provide ongoing coordi-
nation for the project including technical and financial management
of the contract; liaison with the City, operational staff, design
team and subconsultants.
proach:
PHASE I ENGINEERING REPORT
1. Administer all engineering personnel.
2. Utilize the program schedule prepared under Task 2.0 to
monitor the progress of the work in relationship to estab-
lished time and budget constraints. Update and coordinate
schedule revisions with the City.
3. Maintain technical quality through regular quality assurance
reviews of all work in progress.
4. Manage in -house budgets by utilizing formalized procedures
to assess degree of task completion in relation to budget
status.
5. Prepare monthly progress reports for submittal with progress
payment invoices. Progress reports will identify budget
status, progress status, major activities of the previous
month, and upcoming activities.
6. Provide technical liaison with the engineering team,
subconsultants, and ale City.
Products: Completion of a quality product as scheduled and
within budget. Preparation of monthly progress reports, manager's
quality control review sessions, agendas and minutes for key meetings,
and documentation on key project decisions.
UPDATED: 13- Jul -87
JOB NO.:
Task:
Title:
1.0
PHASE I, PROJECT MANAGEMENT
1.0 LABOR COSTS
PROJECT: PORT ANGELES PHASE I
HOURS Direct Labor
Name Rate Hours Cost
Warburton 38.22 20 764
Schneider 25.33 120 3,040
Clark 25.84 8 207
Mason 29.72 8 238
Guttmann 29.99 8 240
Parker 37.10 8 297
Norris 26.50 0 0
Oppenheim 21.28 0 0
Professional 21.20 0 0
Technical 14.84 0 0
Clerical 13.25 20 265
TOTAL DIRECT LABOR 192 5,051
INDIRECT CHARGES
Overhead Markup a 185% 9,344
TOTAL LABOR COSTS 14,395
2.0 OTHER DIRECT COSTS Cost
Mileage, tolls or fare 350
Copying 25
Computer 100
Word Processor 150
Reproduction 50
Photos 0
Other 0
Subtotal 675
3.0 SUBCONSULTANTS Cost
0
Subtotal 0
TOTAL LABOR AND OTHER DIRECT COSTS
PROFESSIONAL FEE
TASK TOTAL
15%
1.0
15,070
2,260
17,330
Task 2.0: Project Mobilization
Objective: To initiate the engineering program by creating the
management planning documents and system necessary to administer
the work.
Approach:
1. Prepare a project management plan that insures all
engineering team members understand common objectives and
know where to obtain all relevant information. The plan,
as a minimum, will include a project description, project
organization, task summary, staffing plan, project schedule,
progress evaluation plan, documentation and filing plan,
calculation indexing, and progress monitoring and estimation
procedures.
2. Prepare, negotiate, and provide reference copies to City
of all subagreements.
3. Arrange for all parties, specifically ITT, DOE, and EPA,
to participate in the evaluation session of Task 6.0.
Products: Project Management Plan, subagreements.
UPDATED: 13- Jul -87
JOB NO.:
Task:
Title:
2.0
PROJECT MOBILIZATION
1.0 LABOR COSTS
PROJECT: PORT ANGELES PHASE I
HOURS Direct Labor
Name Rate Hours Cost
Warburton 38.22 4 152.89
Schneider 25.33 40 1013.36
Clark 25.84 0 0.00
Mason 29.72 0 0.00
Guttmann 29.99 0 0.00
Parker 37.10 0 0.00
Norris 26.50 0 0.00
Oppenheim 21.28 0 0.00
Professional 21.20 0 0.00
Technical 14.84 0 0.00
Clerical 13.25 12 159.00
TOTAL DIRECT LABOR 56 1,325
INDIRECT CHARGES
Overhead Markup a 185% 2,452
TOTAL LABOR COSTS 3,777
2.0 OTHER DIRECT COSTS Cost
Mileage, tolls or fare 50
Copying
Computer 50
Word Processor 100
Reproduction
Photos
Other
Subtotal 200
3.0 SUBCONSULTANTS Cost
Subtotal 0
TOTAL LABOR AND OTHER DIRECT COSTS
PROFESSIONAL FEE
TASK TOTAL
15%
2.0
3,977
597
4,574
Task 3.0: Regulatory and Grant Agency Coordination
and Negotiations
Objective: Maintain contact with regulatory agency staff,
negotiate staging schedule, and prepare grant applications.
AEproach:
1. Contact Region X EPA and State DOE local and Olympia offices
to identify staff members assigned to the Port Angeles
project.
2. Review grant opportunities with City staff and assist in
preparation of grant applications. For budget purposes
it is assumed two grant applications will be completed and
submitted.
3. Meet with assigned agency and City personnel on a monthly
basis. For budget purposes it is assumed that meetings
will be held in Port Angeles to coincide with the City
monthly meetings. These regularly- scheduled meetings would
also serve as job status discussion sessions in general.
4. Recommend program scope and staging negotiations. For
budget purposes it is assumed these meetings will be held
with regulatory staff in Port Angeles.
Products: Monthly progress meeting minutes, submitted grant
applications, and regulatory approval of the recommended wastewater
program.
UPDATED:
JOB NO.:
13- Jul -8/
Task: 3.0
Title: REGULATORY AND GRANT AGENCY COORDINATION /NEGOTIATIONS
1.0 LABOR COSTS
HOURS
Name
Warburton
Schneider
Clark
Ma son
Guttmann
Parker
Norris
Oppenheim
Professional
Technical
Clerical
TOTAL DIRECT LABOR
TOTAL LABOR AND OTHER DIRECT COSTS
PROFESSIONAL FEE
TASK TOTAL
PROJECT: PORT ANGELES PHASE I
Direct Labor
Rate Hours Cost
38.22 172 6,574
25.33 98 2,483
25.84 10 258
29.72 0 0
29.99 0 0
37.10 0 0
26.50 0 0
21.28 0 0
21.20 0 0
14.84 0 0
13.25 5 66
INDIRECT CHARGES
Overhead Markup of 185% 17,356
TOTAL LABOR COSTS 26,738
2.0 OTHER DIRECT COSTS Cost
Mileage, tolls or fare 900
Copying 25
Computer
Word Processor 25
Reproduction
Photos
Other
Subtotal 950
3.0 SUBCONSULTANTS Cost
Subtotal 0
15%
3.0
285 9,382
27,688
4,153
31,842
Task 4.0: Engineering Report Baseline
This task comprises 7 subtasks whose products are draft sections
of the Engineering Report. Each involves collecting base data,
generating new data, performing analyses, and summarizing for the
respective product chapter, the product of which provides the basis
for development of alternatives.
Existing data will be used to the maximum extent possible. It
is assumed that the 1978 Engineering Report data can be updated in
most categories. A year 2015 planning horizon will be confirmed
with DOE for the wastewater management program. Population and
waste characteristics data will be projected for those periods.
CSO monitoring will be conducted by City crews and the results
will be used in developing the staged CSO control program.
Existing conditions and operational policies of the plant,
collection system, the City's sludge program, and ITT Rayonier's
facilities will be ascertained by site visits and records provided
by the City and ITT Rayonier.
Applicable regulations with major impact upon the wastewater
management program will be outlined. Codes and regulations related
to detailed design items, i.e., specifics of the building codes,
will not be elaborated.
Current wastewater program revenues, expenditures, budgets,
debt service, and financing strategies will be identified.
Subtask 4.1: Assist in Setup of CSO Monitoring Program
Objective: To quantify 1987/198 wet season combined sewer
overflow (CSO) events and volumes.
Approach:
1. The City has purchased five flow monitors, the engineer
will assist the City in identifying the monitor location,
meter calibration, and meter inspection.
2. Following each storm, meter output will be reviewed and
tabulated.
Product: Quantification of CSO events, peak overflow rates,
and overflow volumes for each of the City's CSOs.
Subtask 4.2: Document History, Purpose, and Scope
of Engineering Report
Objective: To provide the reader the reasons for the project
and the project objectives.
A2proach: The key milestones of the Port Angeles wastewater
program will be identified, the current regulatory agency compliance
agreement summarized, and the objectives of the selected engineering
report described.
Product: Draft of Chapter 2 of the Engineering Report
including subsections of Purpose, History, Scope of Study, and
Acknowledgements.
Subtask 4.3: Develop Service Area Characteristics
Objective: To define service area boundaries and
characteristics as required for waste load projections, storm
influences on wastewater conveyance, and sludge management options.
AEproach:
1. Working with City staff, the future service area
boundaries will be identified.
2. The physical characteristics of the service area will
be summarized from the previous facility planning
reports, including descriptions of the geography,
topography, and geology.
3. From City and County planning data service area tributary
populations will be projected.
4. Develop the characteristics of receiving water quality
including near -shore conditions (in the vicinity of
sewage overflows) and off -shore conditions (in the
vicinity of the pulp mills and City treatment plant
outfalls). The characterization will use existing
available data. The State water quality classifications
will be identified.
5. Climatic characteristics including temperature, rainfall,
storm characteristics, and evaporation will be summarized
from local published records.
6. Existing air quality and clean air regulation compliance
performance will be identified. Special micro climatic
conditions that could exacerbate odor concerns will be
identified.
Product: Draft of Chapter 3 of the report including the
following subsections: Service Area Boundaries, Population,
Geography, Topography, Geology, Surface Water Characteristics,
Climate, and Air Quality.
Subtask 4.4: Waste Characterization
Objective: To define the hydraulics and waste load
characteristics of Port Angeles wastewater as required for
developing conveyance, treatment, and sludge management options.
Approach:
1. Historic collection system flow and treatment operating
records will be identified and the last five years of
information reviewed.
2. To validate the data an independent check of the
influent flow monitor will be made and independent
analysis of split samples will be conducted.
3. Additional sampling and analysis of liquid and solids
streams, as required for more fully describing waste-
water and sludge characteristics, will be identified.
For budget purposes it is assumed all sampling and
analysis will be undertaken by the wastewater treatment
plant staff.
4. The CSO monitoring data will be incorporated into
identifying peak storm influenced flows.
5. Infiltration and inflow' (I /I) characteristics will be
determined from previous I/I studies supplemented by
evaluation of recent pumping station and treatment plant
flow records.
6. Per capita flow and loading assumptions, as required for
projecting wastewater flows, will be determined from the
existing data analysis.
7. Based on Item 6, above, and the population projections
from Subtask 4.3, wastewater flows and loadings will be
developed.
8. The information from Items 1 through 7 will provide the
basis of developing the design loading criteria.
Product: Draft of Chapter 4 of the report including the
following subsections: Definition of Terms, Wastewater Volume
(Dry Weather Flows and Wet Weather Flows), Wastewater Composition,
Wastewater Temperature, Other Wastewater Constituents, I /I, CSOs,
Projected Wastewater Flows, Projected Wastewater Loadings, and
Design Criteria Summary.
Subtask 4.5: Document Existing Conditions
Objective: To identify the existing conveyance, treatment,
and sludge disposal facilities, their capacities, and their physical
conditions.
Approach:
1. From existing reports the collection system and the
capacity of the major sewers and pumping stations will
be identified.
2. The collection system condition will be based on review
of reports and interviews with sewer personnel. Pumping
station conditions will be based on inspection of each
facility. The CSO outfalls will have been inspected as
part of Subtask 4.1.
3. The treatment plant capacity will be documented based on
sizing data in previous reports, review of as -built
data, performance data, and interviews with operations
personnel.
4. The treatment plant conditions will be based on an
inspection by the consultant's engineering and
operations staff.
5. An energy audit of the treatment plant will be conducted.
6. The ITT Rayonier waste treatment facilities will be
inspected by management, engineering, and operations
staff to determine the following: capacity, condition,
operation problems, energy consumption, current loading,
historic peak loading, projected peak loading, system
performance, effluent quality, and potentially available
capacity.
7. The City's current sludge disposal programs will be
reviewed, inspected, and documented.
Product: Draft of Chapter 5 of the report including the
following subsections: Collection System, Pumping Stations, City
Treatment Plant, ITT Rayonier Treatment Plant, and the City Sludge
Program.
Subtask 4.6: Regulatory Requirements
Objective: To identify those regulatory requirements that
control the developent of the wastewater program and its implementa-
tion, and the potential changes that could impact program selection
decisions.
Approach. The wastewater management program is subject
to federaT, stake, county and city orders, regulations, codes,
and ordinances. The program schedule is dictated by the "Consent
Decree." Those regulations impacting the program will be identified
by the program segments of: 1) collection system and CSOs; 2) treat-
ment, effluent quality, and receiving water impacts; and 3) sludge
disposal. Future, more restrictive, regulations such as toxicant
issues and sludge management will be discussed.
Product. Draft of Chapter 6 identifying the wastewater
program regulatory requirements and potential changes.
Subtask 4.7: Program Costs and Rates
Objective: To identify current wastewater program costs,
revenues, debt service, and financial planning.
Approach: The City has adopted a financing strategy for
implementation of the wastewater program based on a combination
of pay -as- you -go, grants, and bonds.
1. From review of City financial and budget information,
existing costs including operational costs, bonded
indebtedness, and reserve requirements will be
identified.
2. From review of City ordinances and financial records,
the current rate structure, revenues, and reserves
will be identified.
3. From review of the above data, available sources for
funding capital program elements and increased O &M
costs will be identifed.
Product: Draft of sections of Chapter 8 including
identification of the wastewater utility costs, revenues, reserves,
and capital financing capability.
UPDATED: 13- Jul -87
JOB NO.:
Task: 4.0
Title: ENGINEERING REPORT BASELINE
1.0 LABOR COSTS
PROJECT: PORT ANGELES PHASE I
HOURS Direct Labor
Name Rate Hours Cost
Warburton 38.22 74 2,829
Schneider 25.33 76 1,925
Clark 25.84 37 956
Mason 29.72 30 892
Guttmann 29.99 32 960
Parker 37.10 0 0
Norris 26.50 0 0
Oppenheim 21.28 24 511
Professional 21.20 116 2,459
Technical 14.84 140 2,078
Clerical 13.25 51 676
TOTAL DIRECT LABOR 580 13,285
INDIRECT CHARGES
Overhead Markup 51 185% 24,577
TOTAL LABOR COSTS 37,862
2.0 OTHER DIRECT COSTS Cost
Mileage, tolls or fare 300
Copying 100
Computer 600
Word Processor 450
Reproduction 400
Photos 150
Other 50
Subtotal 2,050
3.0 SUBCONSULTANTS Cost
Polaris 2,000
Subtotal 2,000
TOTAL LABOR AND OTHER DIRECT COSTS
PROFESSIONAL FEE
TASK TOTAL
15%
4.0
41,912
6,287
48,198
Task 5.0: Formulate Wastewater Program Alternatives
In this task, collection system, treatment plant, and sludge
management alternatives are identified, developed, and costed, as
required to meet the projected loadings that are cost effective
and implementable. This task comprises 4 subtask activities as
identified below.
Subtask 5.1: Develop Evaluation Criteria
Objective: To identify the basis for costing and evaluating
each alternative.
A proach:
1. The basis of capital costing will be identified including
cost time frame expressed in terms of ENR Construction
Cost Index, contingency allowance, sales tax percent,
markup for engineering, legal, administrative and
financing costs, and construction inflation.
2. The basis for O &M costs will be identified including unit
costs for labor, City administrative overhead markup,
energy costs, chemical costs, and inflation differentials
(if any) for future costs.
3. The basis for the present worth and equivalent cost
analysis will be identified including facility useful
life, basis for depreciation, discount rate, planning
period, and bond term and interest.
4. Non monetary evaluation criteria including reliability,
flexibility, maintainability, etc. will be identified.
Product: Draft part of Appendix D identifying the
alternative evaluation criteria.
Subtask 5.2: Collection System Alternatives
The existing system experiences overflows of raw sewage and
stormwater combined sewage. To meet State requirements will require
implementation of a program to eliminate the raw sewage overflows
and development of a staged program to eventually reduce overflows
of combined sewage to one overflow event per year. Under this
subtask, alternatives to achieve the regulatory requirements will
be developed.
Objective: To identify, develop, cost, and evaluate those
collection system alternatives that achieve the regulatory objectives.
Approach: The Facility Plan identified a program of pump
station reliability modifications to eliminate raw sewage overflows
and a combination of disconnecting inflow sources and adding pumping
stations and conveyance capacity to reduce the level of CSOs.
1. Inflow source disconnections accomplished since the
Facility Plan and their effectiveness in reducing
storm influenced flows will be identified. The flow
contribution from remaining identified inflow
connections will be estimated.
2. From review of City records and interviews with City
engineering and sewer maintenance crews, potential for
identification of additional inflow sources will be
evaluated.
3. Based on the CSO monitoring data and DOE's latest CSO
regulations, revised flow estimates, additional pump
station and interceptor capacity for the CSO "transfer"
option will be identified, and costed. The resultant
increased treatment plant peak flows will be identified.
4. The CSO control option of end -of -pipe screening and
disinfection will be developed and costed.
5. Off -line and in -line "holding" alternatives will be
developed and costed. If holding is shown to be poten-
tially cost effective, an optimized holding /transfer
option will be developed and costed.
6. The dry season sewage of overflow control options as
previously identified will be evaluated based on current
flow information and field conditions. Sizing modifica-
tions to the previous options will be made and the
alternative costed.
Product: Draft part of Chapter 7 identifying the raw sewage
overflow control options, the CSO control options, and the resultant
peak flows transferred to the treatment plant.
Subtask 5.3: Wastewater Treatment Plant Alternatives
Objective: To identify, develop, and cost wastewater
alternatives that will meet the regulatory requirements and provide
opportunities for staged implementation.
Approach:
1. Develop liquid stream biological process alternatives
that achieve secondary treatment. The air activated
sludge, trickling filter /solids contact, and one other
alternative will be identified.
2. For each process train unit processes will be sized and
a preliminary layout prepared. The secondary process
will be sized to treat 2.25 times the average flow,
primary capacity will be based on peak flows as a result
of CSO transfers.
3. Sludge treatment alternatives will evaluate thickening,
anaerobic digestion, and dewatering. Sludge train unit
processes will be sized and a preliminary layout prepared.
4. The developed liquid and solids streams alternatives will
be costed including capital and costs of O &M.
5. A split plant option with ITT will be evaluated. The
previous evaluation of the ITT plant and the output of
subtask 4.5 will provide the basis for the split plant
alternative.
6. Each of the alternatives will be compared on a monetary
and non monetary basis and a preferred program identified.
Product: Draft part of Chapter 7 identifying treatment
plant options, their costs, and potential staging opportunities.
Subtask 5.4: Long -Term Sludge Disposal Options
The City currently disposes of digested sludge to various
land sites. As a result of secondary treatment, sludge quantities
will significantly increase. For communities the size of Port
Angeles, the least costly sludge disposal program is a land applica-
tion of digested sludge to either forest or non -food chain crops,
assuming a suitable site with wet season storage can be purchased
and permitted.
Objective: To identify the cost effective, environmentally
sound, implementable long -term sludge disposal program.
Approach:
1. Using cost curve data a cost effective analysis of
alternative sludge disposal options including incinera-
tion, composting, and land application will be prepared.
2. Based on the digested sludge quantities and pollutant
characteristics developed in Subtask 4.4, land area
requirements will be identified.
3. Based on the sludge quantities and weather data, wet
season sludge storage requirements will be identified.
4. Working with City officials and local timber companies
potential land sites will be identified and the chances
of securing the sites evaluated.
5. For the viable sites identify the cost- effective mix
of dewatering /transport /storage /application.
6. From 1 -5 above, identify the preferred cost effective
sludge disposal program and decide on the steps for
implementation of the program.
Product: Draft part of Chapter 7 identifying the sludge
disposal options, their costs and evaluation, and the preferred
sludge management program.
UPDATED: 13- Jul -87
JOB NO.:
Task:
Title:
5.0
FORMULATE WW PROGRAM ALTERNATIVES
1.0 LABOR COSTS
HOURS
Name
Warburton
Schneider
Clark
Mason
Guttmann
Parker
Norris
Oppenheim
Professional
Technical
Clerical
TOTAL DIRECT LABOR
INDIRECT CHARGES
Overhead Markup a 185% 15,172
TOTAL LABOR COSTS 23,372
2.0 OTHER DIRECT COSTS
Mileage, tolls or fare
Copying
Computer
Word Processor
Reproduction
Photos
Other
Subtotal 1,225
3.0 SUBCONSULTANTS Cost
POLARIS 800
SW 800
Subtotal 1,600
TOTAL LABOR AND OTHER DIRECT COSTS
PROFESSIONAL FEE
TASK TOTAL
PROJECT: PORT ANGELES PHASE I
Direct Labor
Rate Hours Cost
38.22 20 764
25.33 30 760
25.84 62 1,602
29.72 36 1,070
29.99 12 360
37.10 12 445
26.50 12 318
21.28 12 255
21.20 74 1,569
14.84 48 712
13.25 26 345
15%
5.0
344 8,201
Cost
900
25
100
200
26,197
3,930
30,127
Task 6.0: Conduct an Agency Evaluation /Consensus Session
Objective: To allow all parties, including the City, Engineer,
DOE, EPA, plant staff, ITT Rayonier, and those affected by sludge
disposal, to understand each other's technical, political, and
financial concerns. To jointly evaluate alternatives and make
tentative ranking of alternatives in a consensus atmosphere.
proach: The Engineer will make meeting arrangements with
all parties sufficiently far in advance to insure that most parties
can be represented at a 4 -hour session to be held in Port Angeles.
Preparatory materials will be disseminated and a program agenda will
be administered by the Engineer in order to reach the objectives.
Product: The assembled notes and comments of the participants
will be filed in their raw state with copies made for the City.
These comments will be incorporated into the final rankings of
alternatives and the recommended plan to be produced under Task 7.0.
UPDATED: 13-Jul -87
JOB NO.:
Task:
Title:
PROJECT: PORT ANGELES PHASE I
6.0
CONDUCT AN AGENCY EVALUATION /CONSENSUS SESSION
1.0 LABOR COSTS
HOURS Direct Labor
Name Rate Hours Cost
Warburton 38.22 8 306
Schneider 25.33 24 608
Clark 25.84 20 517
Mason 29.72 12 357
Guttmann 29.99 8 240
Parker 37.10 0 0
Norris 26.50 0 0
Oppenheim 21.28 0 0
Professional 21.20 4 85
Technical 14.84 20 297
Clerical 13.25 10 133
TOTAL DIRECT LABOR 106 2,541
INDIRECT CHARGES
Overhead Markup 51 185% 4,701
TOTAL LABOR COSTS 7,243
2.0 OTHER DIRECT COSTS Cost
Mileage, tolls or fare 100
Copying 50
Computer
Word Processor 70
Reproduction 75
Photos
Other
Subtotal 295
3.0 SUBCONSULTANTS Cost
Subtotal 0
TOTAL LABOR AND OTHER DIRECT COSTS
PROFESSIONAL FEE
TASK TOTAL
15%
6.0
7,538
1,131
8,668
Task 7.0: Development of Recommended Wastewater Management Program
Objective: Development of an integrated wastewater management
program, implemented in stages as required to summarize the financial
impacts.
Approach:
1. The preferred components of the three system elements will
be integrated and review comments incorporated.
2. Based on input from Task 8.0, a segmented phased program
will be developed.
3. A draft of the proposed program and implementation schedule
will be prepared for review by City and regulatory staff.
4. Review comments, where appropriate, will be incorporated
into the recommended program description.
Product: Draft of Chapter 9 of the Engineering Report.
UrPAICU:
JOB NO.:
I.) JUDO(
Task: 7.0
Title: DEVELOPMENT OF RECOMMENDED WW MANAGEMENT PROGRAM
1.0 LABOR COSTS
HOURS
Name
Warburton
Schneider
Clark
Mason
Guttmann
Parker
Norris
Oppenheim
Professional
Technical
Clerical
TOTAL DIRECT LABOR
TOTAL LABOR AND OTHER DIRECT COSTS
PROFESSIONAL FEE
TASK TOTAL
PROJECT: PORT ANGELES PHASE I
Direct Labor
Rate Hours Cost
38.22 32 1,223
25.33 48 1,216
25.84 24 620
29.72 24 713
29.99 16 480
37.10 8 297
26.50 8 212
21.28 0 0
21.20 8 170
14.84 24 356
12.50 20 250
212 5,537
INDIRECT CHARGES
Overhead Markup 51 185% 10,244
TOTAL LABOR COSTS 15,781
2.0 OTHER DIRECT COSTS Cost
Mileage, tolls or fare 30
Copying 25
Computer 40
Word Processor 150
Reproduction
Photos
Other
Subtotal 245
3.0 SUBCONSULTANTS Cost
Subtotal 0
15%
7.0
16,026
2,404
18,430
Task 8.0: Financial Plan
Objective: Adoption of a financing plan and rate structure that
results in program compliance at the least cost to the Port Angeles
rate payers.
Approach:
1. Based on potential grants, bonding assumptions, and City
reserves, potential financing packaging and rate levels
will be identified and compared with the product of
Subtask 4.7.
2. Working with the preferred collection system, wastewater
treatment plant and sludge program options, a phased program
will be developed that can be funded based on the financial
resources identified in Item 1, above.
3. Resultant schedule slippage will be identified and the cost
increases to comply with the schedule determined.
4. Based on the implementation schedule negotiated with the
regulatory agencies, a recommended financial plan and rate
program will be prepared. For estimating purposes it is
assumed there will be no modification to the existing
cost -of- service allocations to various customer categories.
Product: Recommended financing plan and rate program.
Task:
Title:
6.0
FINANCIAL PLAN
1.0 LABOR COSTS
HOURS
Name
Warburton
Schneider
Clark
Ma son
Guttmann
Parker
Norris
Oppenheim
Professional
Technical
Clerical
TOTAL DIRECT LABOR
INDIRECT CHARGES
Overhead Markup a
Mileage, tolls or fare
Copying
Computer
Word Processor
Reproduction
Photos
Other
TOTAL LABOR AND OTHER DIRECT COSTS
PROFESSIONAL FEE
TASK TOTAL
PROJECT: PORT ANGELES PHASE 1
Direct Labor
Rate Hours Cost
38.22 0 0
25.33 0 0
25.84 0 0
29.72 0 0
29.99 60 1,799
37.10 0 0
26.50 0 0
21.28 0 0
21.20 24 509
14.84 24 356
13.25 16 212
185% 5,321
TOTAL LABOR COSTS 8,197
2.0 OTHER DIRECT COSTS Cost
Subtotal 200
3.0 SUBCONSULTANTS Cost
Subtotal 0
15%
8.0
124 2,876
200
8,397
1,260
9,657
Task 9.0: Brown and Caldwell Review Board
Objective: Conduct a project review by senior personnel not
connected with the day -to -day project development. Such review
shall occur prior to Engineering Report finalization and submission.
Review to be performed by the senior review board members identified
in the proposal.
Approach: All materials, drawings, and Engineering Report draft
chapters will be disseminated to participants prior to a review
session which will focus on insuring that agreed upon products have
been provided and that the least cost alternative wastewater manage-
ment program has been identified.
Products: Review Board report recommendations and design team
response and action.
UPDATED: 13-Jul -87
JOB NO.:
Task:
Title:
9.0
BROWN AND CALDWELL REVIEW BOARD
1.0 LABOR COSTS
HOURS
Name
PROJECT: PORT ANGELES PHASE I
Direct Labor
Rate Hours Cost
Warburton 38.22 4 153
Schneider 25.33 4 101
Clark 25.84 4 103
Mason 29.72 4 119
Guttmann 29.99 0 0
Uhte 37.10 8 297
Norris 26.50 8 212
Oppenheim 21.28 0 0
Professional 21.20 0 0
Technical 14.84 0 0
Clerical 13.25 0 0
32 985
TOTAL DIRECT LABOR
INDIRECT CHARGES
Overhead Markup a 185% 1,823
TOTAL LABOR COSTS 2,808
2.0 OTHER DIRECT COSTS Cost
Mileage, tolls or fare 400
Copying
Computer
Word Processor
Reproduction
Photos
Other
Subtotal 400
3.0 SUBCONSULTANTS Cost
Subtotal 0
TOTAL LABOR AND OTHER DIRECT COSTS
PROFESSIONAL FEE
TASK TOTAL
15%
9.0
3,208
481
3,689
Task 10.0: Report Preparation
Objective: To develop a draft and final report.
Approach: The input from Tasks 1 through 9 will be incorporated
into the full text of the Engineering Report draft. Following review
of the draft by the City, comments will be incorporated into the
final Engineering Report. Printing and submission of these documents
are under Task 11.0.
Products: Draft and final Engineering Report.
UPDATED: 13- Ju1
JOB NO.:
Task:
Title:
10.0
REPORT PREPARATION
1.0 LABOR COSTS
PROJECT: PORT ANGELES PHASE I
HOURS Direct Labor
Name Rate Hours Cost
Warburton 38.22 8 306
Schneider 25.33 20 507
Clark 25.84 8 207
Mason 29.72 0 0
Guttmann 29.99 0 0
Parker 37.10 0 0
Norris 26.50 0 0
Oppenheim 21.28 0 0
Professional 21.20 8 170
Technical 14.84 24 356
Clerical 13.25 20 265
TOTAL DIRECT LABOR 88 1,810
INDIRECT CHARGES
Overhead Markup a 185% 3,348
TOTAL LABOR COSTS 5,158
2.0 OTHER DIRECT COSTS Cost
Mileage, tolls or fare
Copying 25
Computer
Word Processor 150
Reproduction 50
Photos
Other
Subtotal 225
3.0 SUBCONSULTANTS Cost
Subtotal 0
TOTAL LABOR AND OTHER DIRECT COSTS
PROFESSIONAL FEE
TASK TOTAL
15%
10.0
5,383
808
6,191
Task 11.0: Printing and Submission of Engineering Report
Objective:
1. To print and submit 15 copies of the draft Engineering Report.
2. To print and submit 50 copies of the final Engineering Report.
Approach: Reports shall be printed 2 -sided and shall be plastic
comb bound.
Product: Fifteen draft and 50 final copies of the Engineering
Report.
UPDATED: 13- Jul -87
JOB NO.:
1.0 LABOR COSTS
HOURS
Name
TOTAL LABOR AND OTHER DIRECT COSTS
PROFESSIONAL FEE
TASK TOTAL
PROJECT: PORT ANGELES PHASE I
Task: 11.0
Title: PRINTING AND SUBMISSION ENGINEERING REPORT
Direct Labor
Rate Hours Cost
Warburton 38.22 0 0
Schneider 25.33 4 101
Clark 25.84 4 103
Mason 29.72 0 0
Guttmann 29.99 0 0
Parker 37.10 0 0
Norris 26.50 0 0
Oppenheim 21.28 0 0
Professional 21.20 10 212
Technical 14.84 16 237
Clerical 13.25 4 53
TOTAL DIRECT LABOR 38 707
INDIRECT CHARGES
Overhead Markup bl 185% 1,308
TOTAL LABOR COSTS 2,015
2.0 OTHER DIRECT COSTS Cost
Mileage, tolls or fare 50
Copying
Computer
Word Processor 30
Reproduction 150
Photos
Other PRINTING 4,000
Subtotal 4,230
3.0 SUBCONSULTANTS Cost
Subtotal 0
15%
11.0
6,245
937
7,182
Task 12.0: Phase I, Geotechnical
Objective: A preliminary geotechnical evaluation will be made
to determine the most probable methods of facilities' construction,
availability of suitable backfill, and potential dewatering diffi-
culties. Preliminary findings will be used to establish scope of
effort during design activities, and provide realistic basis for
cost estimating.
Approach: Review and evaluation of existing data, including
geotechnical reports from previous WWTP construction projects and
nearby facilities. In addition to conventional construction, methods
such as site pre loading and pile supported structures will be
addressed.
Product: Preliminary geotechnical conclusions on method /type
of on -site construction and availability of materials as input to
preliminary construction and cost estimates.
uruA i Cu:
JOB NO.:
la JUL Of
Task: 12.0
Title: PHASE I, GEOTECHNICAL
1.0 LABOR COSTS
HOURS
Name
TOTAL DIRECT LABOR
INDIRECT CHARGES
Overhead Markup a
Mileage, tolls or fare
Copying
Computer
Word Processor
Reproduction
Photos
Other
TOTAL LABOR AND OTHER DIRECT COSTS
PROFESSIONAL FEE
TASK TOTAL
PROJECT: PORT ANGELES PHASE I
Direct Labor
Rate Hours Cost
Warburton 38.22 0 0
Schneider 25.33 0 0
Clark 25.84 0 0
Mason 29.72 0 0
Guttmann 29.99 0 0
Parker 37.10 0 0
Norris 26.50 0 0
Oppenheim 21.28 0 0
Professional 21.20 0 0
Technical 14.84 0 0
Clerical 13.25 0 0
185X 0
TOTAL LABOR COSTS 0
2.0 OTHER DIRECT COSTS Cost
Subtotal 0
3.0 SUBCONSULTANTS Cost
Geotechnical 5,000
Subtotal 5,000
15%
12.0
0 0
5,000
750
5,750
Task 13.0: Attendance at Council and Regulatory Agency Hearings
Objective: This task allows for attendance at City Council
evening sessions and regulatory agency hearings on an as- required
basis up to certain defined limits.
4Eproach: City and Engineer will agree upon which City Council
sessions should be attended.
Products: For the period during which the Engineering Report
is being prepared, attendance at up to 4 evening sessions (City
Council /regulatory agency /other) by one person (4 person visits)
based upon 4 hours per person- visit.
urumiLU;
JOB NO.:
I.) JULIO
PROJECT: PORT ANGELES PHASE I
Task: 13.0
Title: ATTENDANCE AT COUNCIL AND REGULATORY AGENCY HEARINGS
1.0 LABOR COSTS
HOURS
Name
TOTAL LABOR AND OTHER DIRECT COSTS
PROFESSIONAL FEE
TASK TOTAL
Direct Labor
Rate Hours Cost
Warburton 38.22 0 0
Schneider 25.33 16 405
Clark 25.84 0 0
Mason 29.72 0 0
Guttmann 29.99 0 0
Parker 37.10 0 0
Norris 26.50 0 0
Oppenheim 21.28 0 0
Professional 21.20 0 0
Technical 14.84 0 0
Clerical 13.25 0 0
TOTAL DIRECT LABOR 16 405
INDIRECT CHARGES
Overhead Markup B 185% 750
TOTAL LABOR COSTS 1,155
2.0 OTHER DIRECT COSTS Cost
Mileage, tolls or fare 100
Copying
Computer
Word Processor
Reproduction
Photos
Other
Subtotal 100
3.0 SUBCONSULTANTS Cost
Subtotal 0
15%
13.0
1,255
188
1,444
COMPENSATION
CITY OF PORT ANGELES
WASTEWATER SECONDARY TREATMENT PROGRAM
Compensation for services provided under Article II, "Scope
of Engineering Services," shall be in accordance with the methods
described in this exhibit and the specific amounts shown on the
attached schedule, or as may be later mutually agreed to.
I. Method of Compensation
Compensation for each service or task authorized on a cost
reimbursement basis shall be the sum of direct labor cost, indirect
costs, and other direct costs plus a fixed professional fee. Costs
to be paid comprise the following:
A. Direct Labor Costs
Direct labor costs shall be the total number of hours worked
on the job by each employee times the actual rate of pay for that
individual. Pay rates are adjusted annually on October 1.
B. Indirect Costs
EXHIBIT B
Indirect costs used for interim reimbursement purposes shall
be the product of all direct labor costs multiplied by an overhead
rate of 1.85.
C. Other Direct Costs
Other direct costs shall be billed at 1.15 cost and
shall include the following:
1. Services directly applicable to the work, such as
special legal and accounting expenses, computer rental
and programming costs, special consultants, borings,
commercial printing and binding, and similar costs
that are not applicable to general overhead.
2. Identifiable reproduction costs applicable to the work,
such as printing of drawings, photostating, multilithing,
printing and similar costs.
3. Identifiable communication expenses, such as long
distance telephone, telegraph, cable, express charges
and postage other than for general correspondence.
Exhibit B -Page 1 of 2
July 14, 1987
4. Living and traveling expenses of employees when away
from home office on business connected with work.
5. Automobile expenses at $0.25 per mile.
6. Word processing equipment charges at $10.00 per hour.
7. Computer charges at $20.00 per hour.
8. Subcontracted services.
D. Fixed Professional Fee
Fixed professional fee for engineering services shall be the
amount as listed in III below.
E. Progress Billing
The monthly compensation shall be the sum of all direct labor,
incurect costs, and other direct costs incurred during the month, plus
a percentage of the fixed professional fee. The percent of total fixed
professional fee to be paid each month shall be in proportion with the
total estimated cost completed. Upon completion of the work, the
balance of any fixed professional fee shall be paid.
II Schedule Assumptions and Cost
I 167,895 25,186 193,081
Phase Cost Fee Total
AT111/1.ij
The estimated cost of each task is a function of the time required
to complete the task and at what point in time the work is carried out.
The schedule upon which the cost estimate is based is shown in
Attachment C.
III Compensation Schedule
For each task authorized under this agreement, compensation shall
be in accordance with applicable portions of this Agreement and shall
not exceed the following schedule:
PHASE I ADMINISTRATION COORDINATION
MOBILIZATION
GRANT APPLICATION PROJECT MANAGEMENT
SET UP CSO MONITORING
DEVELOP SERVICE AREA CHARACTERISTICS
DEVELOP WASTE CHARACTERISTICS
DOCUMENT EXISTING CONDITIONS
DOCUMENT REGULATORY REQUIREMENTS
DOCUMENT SLUDGE MANAGEMENT OPTIONS
ANALYZE COLLECTION SYSTEM: I /I. CSO. PS
DEVELOP EVALUATION CRITERIA
FORMULATE WV PROGRAM ALTERNATIVES
CONSENSUS REVIEW SESSION
EVALUATE WW PROGRAM ALTERNATIVES
(INCLUDES FINANCIAL PLAN)
POLICY 4 REVIEW
EDIT. PRINT SUBMIT DRAFT
AGENCY REVIEW
FINAL ER SUBMISSION
PORT ANGELES PHASE I
ENGINEERING PEPOPT SCHEDULE
I 1988 1°88
Jul Aug Sep Oct Nov Dec J3n Feb N3r Apr Nay Jun Jail Aug
1 i f H--
I
I
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REGULATORY MILESTONES
(FROM CONSENT DECREE)
SELECT CONSULTANT
ENGINEERING REPORT
DESIGN DOCUMENTS
BEGIN CONSTRUCTION
END CONSTRUCTION
PROJECT SCHEDULE
ENGINEERING PEPORT
PREDESIGN BASIS OF DESIGN REPORT
DETAILED DESIGN
CONSTRUCTION
O& tt AND START -UP
PORT ANGELES PROJECT SCHEDULE
1 198 1 1920 1 1992
Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan Jul Jan
7/31/87
3/31/8
9/33/98
7/01/91
12/31/92
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AGREEMENT FOR ENGINEERING SERVICES
BETWEEN THE CITY OF PORT ANGELES
AND BROWN AND CALDWELL
FOR DESIGN OF SECONDARY TREATMENT FACILITIES
AND GENERAL EXPANSION
OF THE PORT ANGELES TREATMENT PLANT
THIS AGREEMENT, made and entered into on this (1 day
of .AOi 19/2E), by and between the City of Port
Angeles, hereinafter referred to as "Owner," and Brown and
Caldwell, Inc., a California corporation, hereinafter referred to
as "Engineer;"
WITNESSETH:
WHEREAS, Owner is obligated to abide by a Federal Court
Consent Decree (Consent Decree) negotiated with the Federal
Environmental Protection Agency (EPA) and the Washington State
Department of Ecology (WDOE) to upgrade its wastewater facilities
to secondary treatment and reduce the current levels of combined
sewer overflows; and
WHEREAS, Owner desires to employ Engineer to perform the
necessary engineering services in connection with upgrading the
City wastewater facilities to comply with EPA and WDOE
agreements; 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
Exhibit A, entitled "Description
If, during the course of Project,
changes in Project, such changes
Agreement by written amendment.
II. SCOPE OF ENGINEERING SERVICES
Engineer agrees to perform those services described
hereafter. Unless modified in writing by both parties, duties of
Engineer shall not be construed to exceed those services
specifically set forth herein.
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that Project is as described in
of Project," dated June 2, 1989.
Owner and Engineer agree to
shall be incorporated in this
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Engineer agrees to perform those planned tasks described
in Exhibit B, entitled "Scope of Work -City of Port Angeles
Treatment Plant Expansion," dated June 2, 1989.
Owner and Engineer agree that not all work to be
performed by Engineer can be defined in detail at the time this
Agreement is executed, and that incidental engineering work
related to Project and not covered in Exhibit B may be needed
during performance of this Agreement. Such work shall be
classified as Special Engineering Services. Compensation for
such services shall be as agreed to by Owner and Engineer, and
set forth in the written authorization for Special Services.
to:
A. Planned Enaineerina Services
B. Special Enaineerina Services
Special engineering services include, but are not limited
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1. Pilot plant studies.
2. Value engineering review sessions by Owner or
Owner's representatives.
3. It has been assumed that a single construction
contract will be prepared. Separation into or
preparation of more than one contract document
would be a special engineering service.
4. Archaeological investigations.
5. Corrosion studies.
6. Total containment chlorination facilities.
7. Halon, sprinkler, or fire alarm systems.
8. Remote telemetry systems or co- generation
systems.
9. Assistance to Owner, as expert witness in
arbitration or litigation arising from
development or construction of Project, and in
hearings before various regulatory and approving
agencies.
10. Other services not specifically provided in this
Agreement.
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III. SCOPE OF OWNER SERVICES
Owner agrees to provide facilities and equipment and to
perform the following services:
A. Reproducible copies of treatment plant and collection
system as -built drawings.
B. Copies of wastewater customer information and
treatment plant operating records.
C. Wastewater sampling and analysis, as required, to
define waste characteristics for biological treatment
modelling.
D. Operations staff report, as required, for the
evaluation of existing facilities and input on
proposed alternatives.
E. Obtain easements and right -of -ways for work at the
treatment plant and off -site work access such as
influent and effluent sewer, power or other utility
work.
Owner shall appoint an Owner's representative with
respect to work to be performed under this Agreement. Owner's
representative shall have complete authority to transmit
instructions, receive information, and interpret and define
Owner's policies. Engineer shall be entitled to rely on
representations made by Owner's representative unless otherwise
directed in writing by Owner.
IV. AUTHORIZATION, PROGRESS, AND COMPLETION
A. The parties hereto understand that the secondary
treatment plant design must be submitted for State
review prior to September 30, 1990, in order to be in
compliance with the Federal Consent Decree contained
in Exhibit D.
B. Time is of the essence in the performance and
completion of the work and services required under
this Agreement. Engineer will complete its work and
services within Project schedule, including the
established Consent Decree completion milestones.
Engineer will pay any stipulated penalties that Owner
may become obligated to pay under said Consent
Decree, to the extent and in the proportion that such
penalties are caused by delay or other violation
attributable to the failure of Engineer to perform
the work, duties and services required under this
Agreement.
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C. Specific authorization to proceed is hereby granted
for the work described in Exhibit B.
D. For special services, authorization by Owner shall be
in writing and shall include a mutually acceptable
definition of the work to be done, a mutually
acceptable schedule for commencing and completing the
work and a mutually acceptable basis for compensation
for the work.
V. COMPENSATION
For the services described in Exhibit B, Owner agrees to
pay, and Engineer agrees to accept, compensation in accordance
with Exhibit C. Compensation shall be billed monthly in summary
form. Payment to Engineer is due upon presentation of invoice to
Owner. If payment is not made within 30 days, interest on the
unpaid balance shall accrue, beginning with the 31st day, at the
rate of 1.5 percent per month or the maximum interest rate
permitted by law, whichever is less. Such interest is due and
payable when the overdue payment is made.
Charges for direct expenses determined in accordance with
Exhibit "B" shall be billed in summary form to the Owner in
calendar monthly billing periods, provided that upon Owner
request, Engineer will provide detailed explanation of direct
expenses.
If, during the life of this Contract, the State of
Washington imposes a retail sales tax on professional engineering
services, the costs of such tax shall be the responsibility of
Owner and compensation cost ceilings shall be increased by the
amount of such tax.
VI. RESPONSIBILITY OF ENGINEER
A. Professional Expertise. Standard of Performance and
Warranty
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1. Engineer represents that it is fully experienced,
properly qualified, registered, licensed,
equipped, organized and financed to perform the
work under this Agreement. Engineer shall act as
an independent contractor in performing this
Agreement, retaining complete control over its
employees and all of its suppliers and
subcontractors. Nothing contained in this
Agreement or any subcontract shall create any
contractual relationships between any such
supplier or subcontractors and Owner. Engineer
shall perform its work hereunder in accordance
with its own methods, subject to compliance with
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the Agreement. Engineer shall be solely
responsible for any claims for wages or
compensation, or claims under the Workers'
Compensation Act or any other claims by or on
behalf of Engineer's employees, agents and
representatives, including subconsultants, and
shall save and hold Owner harmless therefrom.
2. Engineer represents that it has, or will obtain,
all personnel necessary to perform the services
required under this Agreement, and that such
personnel shall be qualified, experienced and
licensed, as may be necessary or required by laws
and regulations, to perform such services.
Engineer will remove from Project any of its
subconsultants or personnel assigned to Project,
if, after the matter has been thoroughly
considered by Owner and Engineer, Owner considers
such removal necessary and in the best interests
of Project, and so advises Engineer in writing.
3. Engineer agrees that the work performed under
this Agreement shall conform to the standards of
the engineering profession.
4. It is understood and agreed by the parties hereto
that Engineer has considerable experience in
designing secondary sewage treatment plants.
Accordingly, Owner's main purpose in contracting
with Engineer is to take advantage of the
latter's experience with respect to design
criteria or constraints, performance standards
required by environmental and other regulators,
and good and economical methods and materials
required to accomplish the foregoing.
5. Engineer shall comply, and shall ensure that its
subcontractors comply, with all Federal, State
and local laws, regulations and ordinances, and
Federal and State grant agreements applicable to
the work and services to be performed under this
Agreement.
6. Engineer shall be responsible for the
professional quality, technical adequacy and
accuracy, timely completion and coordination of
all plans, designs, drawings, specifications,
reports and other services prepared or performed
by Engineer and its subcontractors under this
Agreement. Engineer shall, without additional
compensation, correct or revise any Engineer's
errors, omissions or other deficiencies in such
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VII. INDEMNIFICATION
VIII. INSURANCE
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plans, designs, drawings, specifications, reports
and other services. Owner's approval of plans,
drawings, designs, specifications, reports and
other products of the professional services
rendered hereunder, shall not in any way relieve
Engineer of responsibility for the technical
adequacy or accuracy thereof.
Engineer shall indemnify, defend and hold harmless Owner,
and all of Owner's officers, employees, principals and agents,
from all claims, demands, suits, actions and liability of any
kind, including injuries to persons or damages to property, which
are due to any negligent or intentional acts, errors or omissions
of Engineer and /or Engineer's employees, agents, subcontractors
and representatives, in performing work, services and duties
under this Agreement. In the event of any such claims, demands,
suits, actions or lawsuits, Engineer shall assume all costs of
defense thereof, and of all resulting judgements that may be
obtained against Owner, or any of its officers, employees,
principals or agents. Engineer shall, at once, cause the same to
be dissolved and discharged by giving bond or otherwise.
During the life of this Agreement, Engineer shall
maintain the following minimum insurance:
1. Comprehensive general liability insurance, including
personal injury liability, blanket contractual
liability and broad -form property damage liability
coverage. The combined single limit for bodily
injury and property damage shall be not less than
$2,000,000.
2. Automobile bodily injury and property damage
liability insurance covering owned, non owned, rented
and hired cars. The combined single limit for bodily
injury and property damage shall be not less than
$2,000,000.
3. Statutory workers' compensation and employers'
liability insurance as required by state law.
4. Professional liability insurance. The limit of
liability shall be not less than $1,000,000.
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Upon request, Engineer shall submit to Owner certificates
of insurance for the policies listed above. The certificates
shall provide that the insurance company give written notice to
Owner at least 30 days prior to cancellation of, or change of,
any material in the policy.
IX. WORK INVOLVING ASBESTOS
If asbestos or hazardous substances in any form are
encountered or suspected, Engineer will stop its own work in the
affected portions of the project to permit testing and evaluation
of the problem. If asbestos is confirmed, Owner will engage a
specialty consultant or contractor to study the affected portions
of the work and perform all remedial measures. If hazardous
substances other than asbestos are suspected, Engineer will
conduct tests to determine the extent of the problem and will
perform the necessary studies and recommend the necessary
remedial measures at an additional fee to be negotiated.
X. SUBCONTRACTS
Engineer shall be entitled, to the extent determined
appropriate by Engineer, to subcontract any portion of the work
to be performed under Project. Subcontractors will be employed
as acceptable to Owner. Engineer shall be responsible to Owner
for the actions of persons and firms performing subcontract work.
XI. ASSIGNMENT
This Agreement is binding on the heirs, successors and
assigns of the parties hereto. This Agreement may not be
assigned by Owner or Engineer without prior written consent of
the other.
XII. INTEGRATION
This Agreement represents the entire understanding of
Owner and Engineer as to those matters contained herein, and no
prior oral or written understanding shall be of any force or
effect with respect to those matters covered hereunder; provided,
however, that Owner's rights and remedies in this Agreement shall
be in addition to any other rights and remedies provided by law;
and provided, further, that nothing in this Agreement shall be
construed to limit the liability of Engineer for work not done in
accordance with the Agreement, or express or implied warranties.
This Agreement may not be modified or altered except in writing
signed by both parties; provided, however, that Owner may direct
Engineer to revise portions of the work or to make changes in the
scope of engineering services; and provided, further, that if
such changes cause an increase or decrease in Engineer's cost of,
or time required for, any services under this Agreement, an
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equitable cost and /or completion time adjustment shall be made,
and this Agreement shall be modified accordingly by mutual
agreement.
XIII. JURISDICTION
This Agreement shall be administered and interpreted
under the laws of the State of Washington. Jurisdiction and
venue of any litigation arising from this Agreement shall be
exclusively in the Superior Court of the State of Washington in
and for Clallam County. 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
laws, but the remainder of this Agreement shall be in full force
and effect.
XIV. SUSPENSION OF WORK
Owner may suspend, in writing, all or a portion of the
work under this Agreement, if unforeseen circumstances beyond
Owner's control make normal progress of the work impossible.
Engineer may request that the work be suspended by notifying
Owner, in writing, of circumstances that are interfering with
the normal progress of work. Engineer may suspend work on
Project in the event Owner does not pay invoices when due. The
time for completion of the work shall be extended by the number
of days work is suspended. If the period of suspension exceeds
90 days, the terms of this Agreement are subject to re-
negotiation, and both parties are granted the option to terminate
work on the suspended portion of Project, in accordance with
Article XV.
XV. TERMINATION OF WORK
Owner may terminate all or a portion of the work covered
by this Agreement for its convenience. Owner or Engineer may
terminate work if the other party fails to perform in accordance
with the provisions of this Agreement by providing 15 days prior,
written notice to the other by certified mail, with receipt for
delivery returned to the sender. In the event of termination,
Engineer shall perform such additional work as is necessary for
the orderly filing of documents and closing of Project. The time
spent on such additional work shall not exceed 10 percent of the
time expended on Project prior to the effective date of
termination. Engineer shall be compensated for work performed
prior to the effective date of termination, plus work required
for filing and closing as described in this Article. Working
documents, drawings, calculations and all project design
materials shall be turned over to Owner upon request.
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BROWN AND CALDWELL
znofpowezpkr
Printed name
Wi A
Title
4 /lin
Date
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OWNER
J
Signature
Printed name
)■1\2W40Q-
Title
Date
PART A -1 GENERAL /RELATION TO TOTAL WASTEWATER PROGRAM
PART A -2
EXHIBIT A
DESCRIPTION OP PROJECT
JUNE 2, 1989
DESCRIPTION OF TREATMENT PLANT EXPANSION-
EXCERPTED FROM CHAPTER 10-- RECOMMENDED PLAN
OF THE FACILITY PLAN
EXHIBIT A
DESCRIPTION OF PROJECT
PART A -1
GENERAL /RELATION TO TOTAL WASTEWATER PROGRAM
To meet State and Federal regulations and to comply with
the Consent Decree, which is attached hereto as Exhibit "D and
incorporated herein by this reference, required improvements to
the City's wastewater facilities include provision of secondary
level of treatment of its wastewater, control of collection
system overflows to receiving waters, and implementation of a
long -term sludge disposal plan.
To accomplish the program, in August of 1987 engineering
services were segmented into five work phases as identified
below:
Phase I Engineering Report /Facility Plan
Phase II Basis of Design Report
Phase III Detailed Design
Phase IV Construction Management
Phase V Operations and Maintenance (O &M) Manuals and
Startup Assistance and Performance
Certification
Work for Phase I was covered by a contract dated August
5, 1987, and amended March 22, 1988. The Phase I Engineering
Report /Facility Plan draft was completed in March 1989. The
Washington Department of Ecology (WDOE) is the lead regulatory
reviewing agency and it is currently reviewing the plan. The
plan recommends a 20 -year capital improvement program which
covers the City's treatment plant, collection system, and the
City's method of sludge disposal. The plan identifies projects
to be implemented throughout the 20 -year planning period, prior
to the year 2010, including initial projects to be constructed
before 1995 whose detailed design is covered by this contract.
The scope of engineering services is detailed in Section
II of this agreement. Briefly, the work includes engineering
design services which provide or prepare the following:
Assistance to the City in obtaining design and
construction grants.
Assistance to the City in development of a long -term
CSO monitoring plan.
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The treatment plant detailed design will develop the
detailed drawings and specifications as required to produce
biddable documents.
include:
Completion of special studies to bring all plant
areas to a "predesign" level of completion.
Detailed design and creation of biddable documents
for the expansion of the treatment plant's capacity
and provision of a secondary level of treatment.
Assistance to the City in development of interim or
alternative long -term sludge disposal methods.
Design of the plant's new primary treatment facility
to a 75 percent stage of completion, not for
inclusion in the initial treatment plant expansion
document, design work to insure coordinated plant
layout.
Major areas to be covered by other (later) contracts
Treatment plant construction.
Detailed design and construction of subsequent
treatment plant elements outfall diffuser
modifications, digester covers, finalization of new
primary clarifiers, and provision of additional
trickling filter media.
Collection system projects -CSO monitoring
facilities, Francis Street diversion structure,
inflow and infiltration (I /I) collection system
rehabilitation projects, pumping station 1 and 3
modifications, pumping station 4 replacement, and a
centralized CSO holding tank.
Negotiation of CSO regulations related to holding
tank design.
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EXHIBIT A
DESCRIPTION OF PROJECT
PART A -2
DESCRIPTION OF TREATMENT PLANT EXPANSION-
EXCERPTED FROM CHAPTER 10-- RECOMMENDED PLAN
OF THE FACILITY PLAN
Alternatives considered suitable for expansion of the Port
Angeles Wastewater Treatment Plant were described in Chapter 7
and compared for relative merit in Chapter 9. The result of that
analysis is the recommendation that the TF /SC process be adopted
for secondary treatment at the Port Angeles Plant. The
recommended expansion program to meet the wastewater treatment
needs for the year 2010 is described in detail below. Design
criteria for the present plant and for the recommended expansion
are presented in Table 10 -1. Figure 10 -1 presents a process flow
diagram for the expanded plant, and Figure 10 -2 and 10 -3 show the
proposed site layout and hydraulic profile, respectively. We
anticipate that the expanded plant will be manned only one shift
per day, seven days per week.
Table 10 -1. Design Criteria Recommended
Treatment Plant Expansion
Design criteria
Existing Year 2010
Flow
Average dry weather, mgd 2.2 3.3
Maximum month (design flow) mgd 4.5 6.7
Maximum day, mgd 13.4
Maximum flow to secondary treatment, mgd 10.6
Load
BOD, lb. /day
Average dry weather 3,160 4,642
Maximum month 3,730 6,030
Peak day 7,050 10,350
Assumed soluble fraction, percent 40 40
Suspended solids, lb. /day
Average dry weather 3,010 4,390
Maximum month 4,030 5,880
Peak day 6,710 9,790
Design effluent quality
BOD, mg /1 15
Suspended solids, mg /1 16
Headworks
Barminutor, number 1 0
Mechanical bar screen
Number 0 1
Bar spacing, inches .75
Capacity, mgd 13.4
continued
Table 10 -1. Design Criteria Recommended
Treatment Plant Expansion, continued
Item
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Design criteria
Existing Year 2010
Hand -raked bar screen
Number 0 1
Bar spacing, inches 1.5
Capacity, mgd 13.4
Grit removal
Mechanically scraped tank
Number 1 1
Diameter, feet 22 22
Peak design flow, mgd 10.1 6.7
Primary treatment
Circular clarifier
Number 1 1
Diameter, feet 70 70
Overflow at maximum day flow,
gpd /ft 2,624 1,741
Rectangular clarifier
Number 0 1
Length, feet 104
Width, feet 21.5
Overflow at maximum day flow,
gpd /ft 3,000
Assumed removals in primary treatment
BOD, percent 30
Suspended solids, percent 60
Secondary treatment
Trickling filters
Number 2
Diameter, feet 65
Media depth, feet 16
Organic loading, maximum month
lb. BOD /1,000 ft 45
Recirculation pumps
Number 2
Capacity each, mgd 5.3
Horsepower each 30
Aeration basins
Solids contact, 1,000 gallon 75
Sludge reaeration, 1,000 gallon 75
MLSS concentration, mg /1 1,700
FSS concentration, mg /1 6,000
Length, each basin, feet 104
Width, each basin, feet 6
Depth, each basin, feet 16
RSS pumping capacity, percent of
maximum month flow 50
Sludge age at maximum month flow, days 1.5
Aeration
Blowers, number (1 standby) 3
Capacity each, SCFM 600
Horsepower each 25
Air required, cfm
Maximum day 1,100
Maximum month 800
Average 600
continued
Table 10 -1. Design Criteria Recommended
Treatment Plant Expansion, continued
Item
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Design criteria
Existing Year 2010
Secondary clarifiers
Number 2
Diameter each, feet 68
Sidewater depth, feet 14
Overflow rate at maximum design flow,
gpd /ft 1,460
Chlorine Contact
Number of tanks 2
Length, each 100
Width, each 10
Depth, each 16
Total volume in each tank, cubic feet 16,000
Volume in 60 -inch gravity effluent line,
cubic feet 6,300
Total detention time at maximum day flow,
minutes 30
Number of chlorinators 2
Capacity each, lb. /day 1,000
Effluent pumping station
Number of pumps 2
Capacity each, mgd 13.4
Horsepower each 35
DAF thickener
Number 0 1
Diameter, feet 18
Surface loading rate
Based on WAS, lb. /day /ft without
polymer 12
Based on priTary sludge plus WAS,
lb. /day /ft without polymer 26
Digesters
Number 2 2
Diameter each, feet 40 40
Side water depth each, feet 23 23
Total volume, cubic feet 57,800 57,800
Thickened sludge, percent solids 3.5
Thickened sludge volume, cubic feet /day 3,100
Hydraulic retention time, days, at
maximum month loading 19
Digested sludge, lb. /day at maximum
month loading 5.5
Belt filter presses
Number 0 2
Belt size each, meters 2.2
Dewatered sludge solids, percent 15
Dewatering rate, each, lb. /hour 2,250
Required operating time, hours /week
at maximum month loading 12
Solids captured, percent 90
Feed pumps
Number 2
Capacity each, gpm 150
Belt wash water pumps
Number 2
Capacity each, gpm 100
Chemical storage and feed system
Maximum polymer use, lb. /dry ton 20
Bulk polymer storage tank capacity, 4,000
gallons
a Includes 10 percent increase over historical values to account
for recent high measurements.
ROI In MN MO MN MI I MN I MI I
PRIMARY SLUDGE AND SCUM
p tj
INFLUENT
SEWERS
T
GRIT
WASTE GRIT AND WASHER
GAS SCREENINGS
BURNER TO DISPOSAL
GAS CIRCULATION BLOWERS
HEAT
EXCHANG—
ERS(2)
HOT WATER
BOILER
DIVERSION
BOX
--K X
I
GRIT
CHAMBER
BAR PARSHALL
SCREENS FLUME
CYCLONE
SLUDGE CIRC
PUMPS (2)
LEGEND
EXISTING
NEW OR MODIFIED
PARSHALL
FLUME
PRIMARY
CLARIFIER
CONTROL
GATE
PRIMARY
SLUDGE
DEGRI�SLUDGE
DIGESTERS (2)
SLUDGE
TRANSFER
PUMP
PRIMARY
CLARIFIER
PRIMARY
SCUM PUMP
DAFT THICKENER
OVERFLOW WEIR
FOR FLOWS
OVER 10 6MGD
LIQUID SLUDGE TO
AGRICULTURAL OR SILVICULTURE
TRICKLING
FILTER PS
WASTE SECONDARY SLUDGE
10 6MGD MAX
FILTRATE
GAS TO DIGESTER
GAS SYSTEM
DIGESTED SLUDGE
HOLDING TANK
CIRC PUMP
POLYMER
I MN MI MI NM
RECIRCULATION
TRICKLING
FILTERS (2)
BELT FILTER
PRESSES (2)
WASTE SLUDGE
PUMPS
Ammo
OO O'O O
CHLORINE CONTACT TANK
RETURN TO
HOLDING
TANK
THICKENED SLUDGE TO
AGRICULTURAL OR SILVICULTURE
SOLIDS CONTACT TANK
SLUDGE REAERATION TANK
CHLORINE
0 0
EFFLUENT
PUMPING
STATION
O'O i 0
SLUDGE CAKE TO
LANDFILL /COMPOST
GAS
r
SECONDARY
CLARIFIERS (2)
TO EXISTING
OCEAN OUTFALL
Figure 10 -1 Process Flow Diagram
`-E MN INF W E F G- P I EP M N- 111101
10
9
8
7
6
5
4
3
2
C.9
EFFLUENT
OUTFALL
LI
INFLUEN GRIT
SEWER CHAMBER
0 20 40 80 80 100
EFFLUENT
PUMPING
BAR SCREENS
AND
PARSHALL FLUME
SCALE N FEET
PRIMARY CLARIFIER
PRIMARY CARIFIER
(FUTURE)
L_
M BROWN AND CALDWELL I 'TT F.«s °Z s 1
I F
S
DRAWN UBMITTED DATE
a••� DESIGNED
APPROVED e.... f tl Y DATE CHECKED
APPROVED DATE CHECKED
A B C
J
LABORATORY BOILERS,
PLANT UTILITIES
DIGESTER MIXING
7 I
ELECTRICAL
E
GRIT
HANDLING
AND
DEWATERING
BLOWERS
8 80' CHLORINE CONTACT PIPE
TRICKLING
FILTER
ZONE REV
F
TFPS
ADMINISTRATION SHOP
(FUTURE)
CHLORINE CONTACT
I (FUTURE)
CHLORINE
BUILDING
SOLIDS CONTACT
SLUDGE REAERATION
SECONDARY SECONDARY SECONDARY
TRICKLING CLARIFIER CLARIFIER CLARIFIER
FILTER (FUTURE)
ESCRIPTON____ I ST DATE ARP
REVISIONS
CITY OF PORT ANGELES
WASTEWATER TREATMENT PLANT
FACILITY IMPROVEMENTS
SITE LAYOUT
TRICKLING FILTER/
SOLIDS CONTACT (TF /SC)
LEGEND
EXISTING
NEW /MAJOR MODIFICATION
FENCE
BURIED
FUTURE
PROPERTY LINE
G I H 1 I J I K IL I M N 0 P
10
9
8
7
6
5
4
3
2
1
FIGURE NUMBER
10 -2
SHEET NUMBER
(F..._ D E I I_ K L M_ I MN
10
9 40
8
4 50
3
35
2
50-
45 INFLUENT 1
SEWER
30-
25
20-
35
25-
45
4 0
25
20- 28 00
40 00 43 00 42 75 07 00
WIER EL
06 BS 06 70 45 80 45 B1 95 31 95 01 44 75 39 38/ 32 00
BAR SCREEN
SLUDGE
RE AE RA T ION
SOLIDS
CONTACT
PARSHALL FLUME
ED BROWN AND CAL.DWELL I "INF ,6 :1N pNE
W =1F
'ENE
/3000
I PRIMARY
GALLERY
42 59 7
7 44 00 7/ 45 00
PLANT
96 50 41 61
27" BYPASS
TO OUTFALL
44 61/ 44 00
50 1
OUTFACE 7 41 32
6 4 5 Lc i( 41
�T 1
EFFLUENT
CHANNEL
32 00 -J
PRIMARY
SEDIMENTATION
TANK
I SPLITTER
BOX
02 90 4I 00 37 61 38 40 1I
I GRIT REMOVAL I I PARSHALL FLUME I l
J
3700
1 ll
II
SECONDARY
BYPASS r J
2gii d II
24"
36 39 35 25
02 50 7 36 56 31 00
-42 50
30"
-30 00
2000
48"
25 00 24 33
SEDIMENTATION SECONDARY JUNCTION
TANK (2) STRUCTURE
T
30 90 42 5 34 60
f 39 56
3 30
3451
/16 50
98"
CHLORINE
CONTACT
BASIN
31 00
29 00
PRIMARY
SEDIMENTATION
TANK
SUBMITTED DATE
DRAWN
DESIGNED
DATE
CHECKED T_ oeswi BY DATE APP
APPROVER DATE oeIEIREV IONS
CHECNFD REVISIONS
A B C D E F G H I
TRICKLING FILTER
PUMPING STATION
43 50
60" 26 50
26 00
EFFLUENT
PUMPING STATION
3B 84
I r7II
4_2 I I 92" a
33 00
TO SLUDGE
RE AERA TION
43 70 SEE NOTE 2
95 00
TO EXISTING OUTFALL
I TRICKLING FILTER (2)
LEGEND
NEW (2010)
EXISTING
1 48 00 HYDRAULIC GRADE
NOTES
I HYDRAULIC GRADE SHOWN FOR ULTIMATE
PEAK PLANT FLOW. 20 S MGD
2 HYDRAULIC GRADE AT OUTFALL HEADBOX
SHOWN FOR FLOW OF 13 4 MOD NEW OUTFALL
REQUIRED FOR ULTIMATE PLANT
Figure 10 -3 Hydraulic Profile
J K L M I N 0 I P
SHEET NUMBER
4
2
1
Desian Flows and Loads
Design flows and loads for the present plant and for the
recommended plant were developed in Chapter 7 and are presented
again in Table 10 -2. The critical values for the recommended
project are the average dry weather flow of 3.3 mgd, the maximum
day flow of 13.4 mgd, and the maximum flow to be handled by the
secondary treatment process, 10.6 mgd. The recommended project
is designed to produce an effluent BOD of 15 milligrams per liter
(mg /1) and suspended solids of 16 mg /1. This high degree of
treatment is required to achieve the discharge criterion of 85
percent removal during the maximum month flow when the sewage is
weakest.
The design criterion for BOD load in the year 2010 is 6030
pounds per day during the maximum month. This figure represents
historical values for BOD, projected to the year 2010 plus 10
percent. The 10 percent was added to account for recent
unexplained high BOD values that were measured during the last
months of the preparation of this study.
Influent Sewer and Headworks
As shown on the process flow diagram (Figure 10 -1) raw sewage
will be delivered to a new diversion box located just ahead of
the existing grit chamber. Under normal operation, this box will
direct flow to the new bar screen installation located adjacent
to the new primary clarifier. Sluice gates will permit all of
the flow to be diverted to the existing grit chamber if
necessary. The new bar screen structure will contain one
mechanically rigged bar screen and one hand -raked bar screen for
stand -by service. Either screen will be able to pass the maximum
day flow of 13.4 mgd. Immediately downstream of the bar screens
the influent flow will be measured by a new Parshall flume that
will serve to control velocity through the bar screens, measure
the total influent flow, and produce a flow signal that will be
used to split the peak flows between the old and the new primary
clarifiers. Up to about 5 mgd, all flow will be directed to the
new primary clarifier. When the flow reaches 6 mgd, a control
gate downstream of the new Parshall flume will open to divert
half of the influent flow to the existing grit chamber and
primary clarifier. The flow- splitting control gate will be
controlled by comparison of flow signals from the new Parshall
flume and the existing Parshall flume between the existing grit
chamber and primary clarifier.
Installing the new screening structure ahead of the existing
grit chamber will increase the hydraulic grade line for sewage
arriving at the treatment plant by about two feet. Since all of
the raw sewage must be pumped to the plant, this small increase
in elevation should be no problem.
1 /804 /portang /task /A -2 /April 13, 1989/9:53 AM /cp
The existing barminutor will be removed, and its location
will become a straight flow through channel to deliver degritted
sewage to the existing Parshall flume.
Primary Treatment
The flow splitting arrangement described above will deliver
all of the incoming raw sewage to the new primary clarifier
during dry weather, though the flow may be diverted to the
existing primary clarifier at the influent diversion box to
permit maintenance on the new clarifier. During wet weather, it
will probably be found most efficient to leave both clarifiers in
service at all times in order to avoid small nuisance discharges
to the existing units. The proposed flow split will reduce the
maximum overflow rate for the existing circular primary clarifier
by about one third, permitting that unit to operate more
efficiently than it does at present peak flows.
New Primary Clarifier. The new rectangular primary clarifier
will use a plastic chain and flight collector system to move
sludge continuously to the front end of the tank. At this point
the sludge will be withdrawn continuously by recessed impeller
pumps and pumped to a grit cyclone, where grit will be removed,
discharged to a grit washer, and conveyed to a grit storage bin.
Degritted sludge will flow from the grit cyclone to the DAF
thickener. Abundant operating experience has shown that if thin
sludge (less than one percent) is continuously removed from a
primary clarifier in this fashion, the clarifier is capable of
operating efficiently at very high overflow rates.
Scum will be moved to the front end of the primary clarifier
by a low pressure water spray skimming system and removed by an
intermittently operating helical skimmer. Scum will also be
pumped to the DAF thickener.
Existina Circular Primary Clarifier. The circular primary
will remain out of service and be drained during dry weather.
The flow signal that starts the diversion of flow to the existing
grit chamber and primary clarifier will also start the primary
clarifier sludge collector mechanism and sludge and scum pump,
after an appropriate time delay to allow the clarifier to fill.
The collector mechanism and sludge pump will operate continuously
until the circular clarifier is manually removed from service and
drained. The existing primary sludge and scum pump will continue
to operate as it does now, with the exception that it will
operate continuously whenever the clarifier is in service. It
will pump sludge and scum from the existing primary clarifier to
the DAF thickener.
Secondary Treatment
Effluent from both primary clarifiers will flow to the
trickling filter pumping station. Just ahead of the trickling
filter pumping station, an overflow weir will divert all flows in
1 /804 /portang/task /A- 2 /Apnl 13, 1989/9.53 AM /cp
excess of 10.6 mgd to the chlorine contact tank. Only flows of
10.6 mgd or less will be delivered to secondary treatment.
Secondary treatment will be accomplished using the trickling
filter solids contact process. This process consists of four
basic process units: the trickling filter pumping station, the
trickling filters, the solids contact and sludge re- aeration
tanks, and the secondary clarifiers.
Tricklina Filter Pumuina Station. The trickling filter
pumping station must lift the full secondary treatment flow of
10.6 mgd to the top of a trickling filter containing a 16 -foot
depth of plastic media. Three pumps will be required, each with
a capacity of 5.3 mgd. Two pumps will be required to handle the
peak design flow, with one pump in standby. The pumps will be
vertical mixed flow, constant speed, 30 horsepower each. When
the primary effluent flow exceeds the secondary treatment
capacity of 10.6 mgd, the water surface elevation in the pump
sump will rise until flows in excess of the capacity of two pumps
are bypassed over a weir to the chlorine contact tank. When
flows are less than 10.6 mgd, a portion of the trickling filter
effluent will be re- circulated to the pump sump. One pump will
run continuously. The second pump will start on high water
surface elevation in the wet well and will be shut down manually
after the high flow is passed.
Trickling Filters. In the year 2010, two trickling filters
will be required, each 65 feet in diameter with a plastic media
depth of 16 feet. One larger filter would be more economical in
construction cost, by DOE requires two of each major process
unit. Initially, the full 16 feet of plastic media will not be
required. It is therefore recommended that the trickling filter
distributor be at the proper height for 16 feet of media but that
initially only 10 feet of media be installed in each filter.
This arrangement will result in a significant saving in initial
capital cost, and additional media can be added to the trickling
filters with no cost penalty as the organic load increases. The
plastic media manufacturers state that cascading the primary
effluent six or eight feet onto the media during initial
operation will not have detrimental effect on the media.
Aeration Basins. The TF /SC process requires a nominal amount
of aerated tankage for aeration of the secondary sludge returned
from the secondary clarifiers and for contact between the aerated
sludge and the trickling filter effluent. It is the solids
contact process, which takes place in the solids contact tank and
the flocculating center well of the secondary clarifiers, that
removes the finely divided particulate matter from the trickling
filter effluent. It is these fine particulates that make it
impossible for a trickling filter, unassisted by solids contact
to produce a high quality secondary effluent.
1 /804 /portang /task /A -2 /Apnl 13, 1989/9:53 AM /cp
The sludge re- aeration and sludge contact tanks will be long,
narrow tanks each 16 feet deep. In addition to their process
functions, they will serve as conduits for the return secondary
sludge and the mixed liquor. The sludge re- aeration and solids
contact tanks will be located between the chlorine contact tank
and the secondary clarifiers, and each of these latter structures
have a nominal depth of 16 feet. For integrity of the footings
and ease of construction, therefore, the sludge re- aeration and
solids contact tanks should also have a depth of 16 feet. The
sludge re- aeration tanks will be aerated with centrifugal blowers
and a fine bubble air diffusion system for maximum energy
efficiency. Three 25- horsepower blowers will be provided, one of
which will normally be in standby. The blowers will be located
in a new building to the west of the aerated tankage that will
also contain the new motor control centers serving the new
process units. Waste secondary sludge will be withdrawn from the
sludge re- aeration tank and pumped at a metered rate to the DAF
thickener.
Secondary Clarifiers. Two secondary clarifiers will be
required to meet DOE's requirement that there be two of each
major process unit. Each clarifier will be 68 feet in diameter
with a side water depth of 14 feet. The mixed liquor will flow
from the solids contact tank to a center well, where it will be
distributed to a flocculating center well that will occupy about
12 percent of the clarifier's surface area. Effluent will be
withdrawn from each clarifier by an inboard weir trough located
about six feet from the clarifier outer wall. Each clarifier
will have two return sludge pumps with a combined capacity equal
to 50 percent of the maximum month flow rating for the clarifier.
The secondary clarifiers, designed as described above, will
have a rated capacity of 1406 gallons per day per square foot at
the maximum secondary treatment process design flow of 10.6 mgd.
However, stress tests run on clarifiers of this design have
repeatedly shown that the clarifiers are able to operate
satisfactorily for several hours at overflow rates from 30 to 50
percent higher than the design rate. The secondary clarifiers
will therefore be designed with a peak hydraulic capacity of 2100
gallons per day per square foot.
Disinfection
The secondary effluent will flow from the secondary
clarifiers directly to the chlorine contact tank. At the
entrance to the chlorine contact tank the secondary effluent will
be mixed with any primary effluent that may be bypassed around
the secondary treatment process. This report assumes that the
Port Angeles treatment plant will be allowed to continue using
liquid chlorine as a disinfectant in substantially the same
fashion that it is presently employed. This assumption needs to
be tested at the start of design. If the recent changes to the
uniform fire code related to hazardous gas handling are
applicable to the Port Angeles plant, economics will undoubtedly
1 /804 /portang /task /A -2 /April 13, 1989/9:53 AM /cp
favor the use of sodium hypochlorite as a disinfectant rather
than gaseous chlorine. A change to sodium hypochlorite would
significantly reduce capital costs but significantly increase
operating costs. Either disinfection system can be easily worked
into the plant layout and the decision on which to use should be
based on an economic evaluation at the start of design.
Disinfection will occur in a two -bay contact tank plus a 60-
inch gravity effluent lines leading from the contact tank to the
effluent pumping station. Together these units will have a 30-
minute retention time at maximum day.
Additional contact time is available in the submarine outfall
line, but this capacity was not included in the calculation
because dechlorination, if required by future changes in the
regulations, would be achieved by applying sulphur dioxide gas at
the effluent pumping station near the inlet to the submarine
outfall.
Effluent Pumoina and Submarine Outfall
As explained in Chapter 7, the existing outfall pipe does not
have sufficient capacity to carry the maximum day flow of 13.4
mgd by gravity. The most economical solution to this problem is
the construction of an effluent pumping station to force peak
flows through the existing outfall whenever a combination of high
tide and high wastewater flow prevents gravity discharge. This
condition is expected to occur for only a few days each year,
typically when the wastewater flow exceeds 12 mgd and the tidal
elevation is above mean lower low water. This report recommends
two propeller pumps, each with a capacity of 13.4 mgd, driven at
fixed speed by a 35- horsepower motor. These pumps will be
required only at high wastewater flows and will therefore operate
at all times very near their rated capacity. This characteristic
will allow them to operate at fixed speed, using the chlorine
contact tank volume as a wet well for control purposes.
The damaged outfall diffuser will be repaired or replaced as
required. The probable scope of repair work is described in
Chapters 5 and 7 and will include repair or replacement of
damaged diffuser boards, replacement of the cover on the end of
the diffuser, and cleaning the sediment from the diffuser. The
installation of rubber flexible check valves on the diffuser
boards should be investigated during design as one approach to
prevent future damage from ship anchors and reduce the
possibility of silt entering the pipeline.
Plant Utilities and Sunnort Systems
The increase in capacity for the Port Angeles treatment plant
will require significant expansion of the electrical and
instrumentation system, the reclaimed water system, and the
plant's laboratory and shop facilities.
1 /804 /portang /task /A- 2 /Apnl 13, 1989/9:53 AM /cp
Electrical System. As explained in Chapter 5, the electrical
power supply to the present treatment plant is 208/120 volt
service. This service has been adequate for the small loads in
the existing plant, but the plant expansion to meet year 2010
treatment requirements will add more than 400 connected
horsepower. This will require a completely new service entrance,
transformer, and 480 -volt electrical power system. An evaluation
will be required during the design phase to determine what
portions of the present electrical system can be retained in
service. The new electrical service entrance and motor control
center should be located between the primary clarifiers and the
chlorine contact basins. This location is immediately adjacent
to the aeration air blowers and the trickling filter pumping
station which are the two principal electrical loads for the
expanded plant. A second motor control center should be located
in the sludge dewatering building to serve the belt filter
presses and related equipment.
Instrumentation would be provided as necessary to report on
final plant functions. Automatic control loops will be used only
where the cost of installing and maintaining the automatic
controls is justified by a savings in operating labor. The
proposed plant is simple in operating concept and will require
only a minimum level of automation.
Plant Water Systems. Potable city water is now used for all
plant functions. Potable water use will be retained to serve all
of the laboratory and domestic water uses and for use in mixing
polymer. All other water uses for irrigation, wash -down, and
general utility services will be supplied by reclaimed water
pumps located at the effluent pumping station.
Laboratory and Shoo Facilities. The existing plant does not
have a maintenance shop that is adequate to serve the expanded
plant. Office space consists of a single desk in the laboratory.
The laboratory space is marginal. There is insufficient space to
accommodate future plant recorders and summary instrumentation.
The plant needs a new maintenance shop immediately, and a
modified administration building and an expanded laboratory will
be needed in the future as the plant load increases. The
existing Control Building will be expanded to the north. These
costs may, however, be considered for deferment to reduce the
initial capital cost.
SLUDGE MANAGEMENT PROGRAM
Every wastewater treatment program has two facets. The first
is collection, conveyance, treatment, and discharge of the liquid
waste. The second facet, which can be considered equally
important and at times equally costly, involves the separation,
stabilization, and proper disposal of the solid fraction, or
1 /804 /portang /task /A- 2 /Apnl 13, 1989/9:53 AM /cp
sludge. This section describes the recommended plan for
treatment and disposal of sludge from the expanded Port Angeles
wastewater treatment plant.
The sludge management program actually consists of two parts.
The first part consists of on -site separation and stabilization,
and the second part consists of off -site disposal. The on -site
processes consist of dissolved -air flotation thickening,
anaerobic digestion, digested sludge storage, and the use of belt
filter presses to thicken or dewater the digested sludge.
Support systems for these processes include digester gas use,
foul air control, and utility systems. The elements of the off
site disposal alternatives that are available to Port Angeles are
described in detail in Chapter 7. The on -site management program
described below will prepare the sludge for satisfactory off -site
disposal by any of the alternatives described in Chapter 7. The
sludge reuse or disposal methods that the City of Port Angeles
may ultimately employ may very well be a combination of those
alternatives.
Dissolved -Air Flotation Thickenina
As explained in Chapter 7, the use of a DAFT goes hand in
hand with the operation of the new primary tanks and the
recommended method for grit removal. The DAFT will receive both
degritted primary sludge and waste secondary sludge from the
TF /SC process. In addition, because the DAFT is designed on the
basis of solids loading rate and is quite insensitive to
volumetric loading changes, it is the logical treatment unit to
receive recycle streams such as filtrate and belt wash water from
the belt filter presses.
The DAF thickener will be 18 feet in diameter and will have a
surface solids loading rate of 26 pounds per day per square foot
without polymer, based on the loading rate for primary sludge and
waste activated sludge during the maximum month. By applying
polymer, the DAFT can be operated at nearly twice this loading
rate. During detailed design, a survey will be conducted of
operating DAF facilities to confirm the recommended loading
rates.
The thickener will run continuously and will require very
little operator attention. Thickened sludge, at a concentration
of 3.5 to 4 percent, will be pumped alternately and in equal
amounts to the two digesters. The thickener overflow, which will
be very low in solids, will be returned to the primary treatment
process.
Only one thickener is recommended. If the thickener is out
of service for maintenance, all recycle streams will be diverted
to the primary clarifiers, and the thickest possible sludge will
be pumped from the primary clarifiers directly to the digesters.
this arrangement will be entirely satisfactory for two to three
1 /804 /portang /task /A- 2 /Apnt 13, 1989/9:53 AM /cp
weeks during the summer months, and routine maintenance on the
DAFT should be plan for a dry weather period when plant flow is
low.
Anaerobic Diaesters
As explained in Chapter 7, the existing digesters are
adequate for the expanded plant if they are operated in parallel
as primary digesters rather than in series as primary and
secondary digesters. The key to proper operation in either case
is a hydraulic residence time that is adequate to stabilize the
raw sludge. Typically, 20 days of hydraulic residence time has
been found to produce stabilized sludge. Table 10 -1 shows that
the digesters will have a hydraulic residence time of 19 days at
the maximum month loading rate in the year 2010. The hydraulic
residence time at average dry weather load will be about 25 days.
If one digester needs to be removed from service for maintenance
or cleaning, this task should be performed during the dry weather
period of lowest loading. Residence time in the digester that
remains in service will be reduced to about 12 days, which is too
low for reliable continuous operation, but is adequate for the
period that is required to clean the second digester.
The hydraulic residence time shown in Table 10 -1 is longer
than the 17 days identified in Chapter 7. This is a reflection
of the fact that the TF /SC process produces slightly less
secondary sludge which thickens better than the conventional
activated sludge process.
A floor mounted gas mixing system will be installed in each
digester. Inverted sparger units will be used because they are
more suitable for retrofitting into an existing digester and
because it is virtually impossible to clog the inverted units
with grit. The gas circulation system will use processing valves
to direct the mixing gas flow in sequence to each of the sparger
units. The gas mixing systems for both digesters can be
installed in the present chlorinator room, which is within the
digester control building but has a separate outside entrance.
This will permit the gas compressor room to be treated
electrically as a hazardous area without influencing other spaces
within the digester control building.
The plant expansion project will include sand blasting,
inspection, repair as necessary, and re- coating of the gas holder
on the digester that is presently used for secondary digestion.
Digester Gas Use
Alternatives for constructive use of digester gas were
evaluated in Chapter 7 and that evaluation clearly showed that
the only economically feasible use for digester gas is as a
boiler fuel to produce hot water for plant heating. By far the
largest heat load in the plant is that required to heat the
digesters themselves. With both digesters use for primary
1 /804 /portang /task /A -2 /April 13, 1989/9.53 AM /cp
digestion, each digester will require its own heat exchanger and
associated sludge circulation pump. If space- saving spiral heat
exchangers are used, it appears from an initial inspection that
the sludge control building space now dedicated to boiler room,
heat exchanger, maintenance shop, and storage will be adequate to
contain a new boiler, two spiral heat exchangers, and two new
circulation pumps. This use of the existing space would re-
emphasize the importance of constructing a new and adequate
maintenance shop.
The gas systems of the two digester must be tied together so
that the gas stored in the gas holder cover can compensate for
volume changes in either digester. The gas produced will be used
for boiler fuel to the extent that heat is required, and the
remainder will be flared off in a new waste gas burner. Waste
gas burner controls, and line drainage access will be improved.
The new hot water boiler will operate continuously at a
temperature of 200 220 degrees. Controls will be provided in
the local boiler loop to prevent water less than 170 degrees from
returning to the boiler, preventing condensation of corrosive gas
in the boiler and vent piping and minimizing thermal shock to the
boiler at startup. A temperature control loop will add hot water
to the main heat loop as necessary to maintain that loop at a
temperature of about 180 degrees. Similar temperature controlled
loops will remove hot water from the main heat loop for use in
the digester heat exchangers and for space heating as may be
found desirable.
Diaested Sludae Storaae Tank
The digesters will operate best if they operate at or near
their maximum water level at all times. The removal of digested
sludge for dewatering or hauling to disposal, may take place on a
schedule of two or three days a week. A storage buffer is
therefore required between sludge digestion and sludge dewatering
and hauling. The digested sludge storage tank serves this
purpose. It will be a fixed -cover tank 30 feet in diameter with
a side water depth of 24 feet and a storage volume equivalent to
5 -1/2 days at the maximum month solids loading. The primary
function of this tank is storage; therefore, the addition of heat
will not be necessary. A circulation pump will, however, be
provided to maintain the stored solids as a homogeneous mixture
for most efficient operation of the belt filter presses. A gas
line will connect the top of the sludge storage tank to the
digester gas system so that the tank will remain full of digester
gas at all times, even when emptied rapidly. Without this
connection, sludge would at times be withdrawn from the tank at a
rate faster than gas evolves within the tank. This would result
in air being drawn into the tank with the potential hazard of
producing an explosive gas -air mixture inside the tank.
1 /804 /portang /task /A- 2 /Apnl 13, 1989/9:53 AM /cp
The circulation pump can also be used to deliver liquid
sludge from the storage tank to tank trucks for those disposal
options where liquid sludge is preferred.
Belt Filter Presses
Two belt filter presses will be provided. Each press will
have a 2.2 -meter belt width and a dedicated sludge feed pump,
wash water pump, and polymer feed pump. Each press will be
capable of processing 150 gpm of 2 to 3 percent feed sludge and
producing a sludge cake with a minimum solids content of 15
percent while capturing 90 percent of the applied solids.
Operating together, the two belt filter presses will be able to
dewater in two 8 -hour shifts all of the digested sludge produced
in a week. This would include six hours of dewatering operation
per shift with start -up and cleanup time of one hour each. The
digested sludge storage tank described above will store belt
filter press feed sludge during the periods between press
operation. One belt filter press operating alone can still
dewater all of the digested sludge in four shifts per week.
The first belt section of each belt filter press provides
gravity drainage of water from the applied sludge. At the end of
the gravity thickening belt, the sludge has a solids content of 4
to 6 percent. The type of press that is recommended for Port
Angeles will have a manually removable ramp that will permit
thickened sludge to be diverted at the end of the gravity belt
section with a simple manual change, therefore, either belt
filter press will be able to produce either a dewatered sludge
cake or thickened liquid sludge with a solids content of 4 to 6
percent. If liquid sludge is the preferred method for off -site
disposal, the belt presses can be used as thickeners to reduce
the hauling cost to less than half of the cost if liquid sludge
is hauled directly from the digesters.
The sludge handling building shown conceptually in Figure
10 -4 will be continuous with the digested sludge storage tank.
It will be a two -story building housing the belt filter presses
and odor control equipment on the top floor. The lower floor
will house pumping equipment and polymer storage and feed
equipment, with additional provision for truck drive -in so that
either dewatered sludge cake or thickened sludge can be loaded
directly into the trucks by gravity. Auxiliary and support
systems for the belt filter press operation will be provided as
described below.
Polymer System. The proper selection and control feed of
polymer is critical to the satisfactory operation of a belt
filter press. Based on investigations that are required in the
pre- design phase, the appropriate polymer system may be a liquid,
emulsion, or dry system, or all three of the above.
1 /804 /portang /task /A -2 /April 13, 1989/9:53 AM /cp
SLUDGE STORAGE TANK
7 HOODS HOODS
ODOR BFP D BFP
CONTROL
EQUIPMENT CONVEYOR BELT
LOAD //1
PUMP MCC POLYMER
ROOM HVAC ROOM
Figure 10 -4 Solids Handling Building Concept
I I
TRUCK
Ventilation and Odor Control. The sludge dewatering
operation releases some unpleasant odors, and humidity is very
high in the operating area. Particular attention must be given,
therefore, to a ventilation system that will control odors and
humidity. Each belt filter press will be provided with an air
intake ventilation hood mounted directly over the unit. All of
the air that enters the room will be exhausted through these
ventilation hoods. If odor control is required, the air will be
exhausted through a chemical scrubber or an activated carbon
filter. The belt press room will be maintained under a slight
negative pressure so that no air from the room will enter other
parts of the structure. Additional heat may be required to temp
the air in the belt filter press room during cold weather.
During design, the feasibility of extending the heat loop to this
area will be investigated. Special care will be given to the
control of air quality in the rooms that contain electrical and
control equipment. To exclude the corrosive atmosphere
associated with dewatering operations.
Water Systems. Each belt filter press requires about 100 gpm
of high pressure water for belt washing. Chlorinated plant
effluent will be used for this function. The waste wash water,
which will be fairly high in solids, will be recycled to the
DAFT. City water of potable quality should be used for polymer
mixing.
Staaed Construction
If the off -site sludge management program turns out to be
heavily oriented toward agricultural or silvicultural use of
liquid sludge, construction of the entire sludge storage tank and
belt filter press complex may be deferrable for several years.
For an acceptable level of reliability, however, an option that
depends solely on the disposal of liquid sludge should include an
off -site facultative sludge lagoon as described in Chapter 7.
If the off -site sludge management program includes liquid
sludge disposal but requires dewatered sludge disposal as a back-
up option, the belt filter press complex and storage tank would
be required initially, but the installation of one belt filter
press could be deferred. This option would probably not require
an off -site facultative sludge lagoon.
TREATMENT PLANT ELEMENTS WHICH WILL
NOT BE PART OF THE INITIAL PLANT EXPANSION
Almost all new facilities at the treatment plant must be
included within an initial phase of plant construction.
Considerable effort was made to see if construction of major
plant structures, i.e., one of the secondary sedimentation tanks,
one of the trickling filters, or perhaps the laboratory and shop
remodeling work or the effluent pumping station, could be delayed
1 /804 /portang /task /A- 2 /Apnl 13, 1989/9:53 AM /cp
to make the overall program more affordable to the City.
However, when the secondary facilities first come on -line, they
will already be at about 75 percent of their design waste loading
capacity and at 100 percent of their peak hydraulic capacity,
therefore, these components are required. Only four treatment
plant elements are amenable to staged construction.
The existing primary sedimentation tank has already exhibited
an ability to operate at reasonable removal levels, without any
washout, at flows in excess of 10 mgd. The second primary
sedimentation tank is required to allow for servicing and to
derate the existing unit when influent flows to the plant are
allowed to increase. As currently shown in Figure 10 -6, the new
primary sedimentation tank would be brought on -line in 2002, or
10 years after the initial phase of plant expansion.
Outfall diffuser modifications are required to bring diffuser
mixing and effluent dilution in Port Angeles Harbor up to
regulatory standards. Outfall work can be done at any time and
is independent of other treatment plant activities. As shown in
Figure 10 -6, diffuser work completion is also scheduled for 2002.
Required trickling filter media depth varies with BOD
loading. BOD loading increases with time, and therefore not all
trickling filter plastic media needs to be installed initially.
Final media depth is 16 feet, 6 feet of which can be deferred for
approximately 10 years, or as required by actual effluent
quality. Not more than 10 feet of depth would ever be required
if WDOE relaxed the 85 percent removal requirement and made the
effluent limitation a straight 30 milligrams /liter (m /l) on a
monthly basis.
Finally, as described in Chapter 7, the existing digester
covers are being retained in the expansion plan. Retention of
the existing covers was contingent upon a five -year operational
review to see if scum layer buildup in the digesters remained a
significant problem to the City. It is currently assumed that
the City can live with the existing covers and that they will not
be replaced during the planning period. No costs for cover
replacement are included in Table 10 -6.
1 /804 /portang /task /A -2 /Apnl 13, 1989/9.53 AM /cp
EXHIBIT B
SCOPE OF WORK- -CITY OF PORT ANGELES
TREATMENT PLANT EXPANSION
JUNE 2, 1989
Task Al: Proiect Manaaement
Obiective. To manage, administer, and provide ongoing
coordination for the project. Includes technical and financial
management of the contract; liaison with the City, operational
staff, design team, and subconsultants.
Aonroach.
1. Administer all engineering personnel.
2. Prepare a project management plan that defines the design
team organization, project schedule, scope of service,
client goals, project control reports, methods of cost
control, budget status monitoring, method of estimating
completion of work, and procedures for correspondence,
client contact, invoicing, records storage, project
filing, calculation filing, and provides for
incorporation of later design standards by discipline.
3. Prepare subconsultant agreements.
4. Utilize the program schedule prepared under Item 2 above
to monitor the progress of the work in relationship to
established time and budget constraints. Update and
coordinate schedule revisions with the City.
5. Manage in -house budgets by utilizing formalized
procedures to assess degree of task completion in
relation to budget status.
6. Prepare monthly progress reports for submittal with
progress payment invoices. Progress reports will
identify budget status, progress status, major activities
of the previous month, out of scope work, upcoming
activities, and issues or complications which could
prevent meeting milestones.
7. Provide technical liaison with the engineering team,
subconsultants, and the City.
8. Assumes a 16 -month period for predesign /design and
18 -month period for invoice administration to cover state
review.
Products. Completion of a quality product as scheduled and
within budget. Preparation of monthly progress reports,
manager's quality control review sessions, agendas and minutes
for key meetings, and documentation on key project decisions.
1 /804 /portang /task /Al /May 31, 1989/8:24 AM /cp
Task B1: Seotaae Handlina and Treatment
Obiective. To investigate and evaluate appropriate processes
for the handling and treatment of septage. The City of Port
Angeles currently does not accept or treat septage within the
existing collection system and wastewater treatment plant. The
present proposed scope of design services for expansion of the
wastewater treatment plant is based on a continuation of this
policy.
In this task, several septage handling and treatment
processes will be evaluated to determine impacts to the design of
the wastewater treatment unit processes, impacts to plant
operations, and overall costs associated with this new process.
Approach. In order to meet the objectives of this task,
several sequential subtask elements are proposed. A description
of these subtask elements is as follows:
1. Quantity Septage Loading:
Based upon a review of population projections, growth in
unsewered areas, records of existing septage hauling to
neighboring treatment plants, and a review of County
septage hauler's permits and licenses, an estimate of
septage quantities for the design year 2010 will be
determined. Septage strength will be assumed to be
typical of residential septage. Septage quantity, and
BOD and total suspended solids loadings for the year 2010
will be estimated.
2. Review Septage Handling Plan Proposed by Solganics:
The purpose of this subtask is to aid the City in its
review of the septage handling proposals and planning
documents prepared by Solganics Services. This review is
necessary to understand the septage handling programs
proposed by Solganics and to be aware of potential
impacts to alternatives to be investigated by Port
Angeles. Coordination of activities with Solganics or
between Solganics Services and the City should the City
decide to permit the design and construction of Solganics
facilities is not included in this task.
3. Identify and Develop Septage Handling and Treatment
Alternatives:
With septage quantities and strength projected for the
year 2010, work in this subtask will be to identify and
develop several feasible alternatives to handling and
treating septage. Options such as locating a septage
receiving station on -site and off -site, discharge of
septage to the headworks or directly to the digesters,
and dilution of septage or flow equalization of septage
1 /804 /portang /task /B1 /Apnl 20, 1989/3:21 PM /cp
will be developed. These options will be developed to a
planning level of completion to facilitate evaluation of
alternatives.
4. Evaluate Septage Handling and Treatment Alternatives
and Recommend Final Plan
In this subtask, the alternatives previously developed
will be evaluated to determine effectiveness of septage
treatment, impacts to the design of wastewater treatment
plant process elements, impact on plant operations and
site access, and overall capital and annual costs. The
alternatives will be ranked and the recommended
alternative will be identified.
Product. The product of this task will be a summary report
of the findings of Subtasks 1 to 4. Six copies of this report
will be delivered to Port Angeles.
1 /804 /portang /task /B1 /Apnl 20, 1989/3:21 PM /cp
Task B2: Laboratory, Personnel. Shoo Facilities
Objective. To define the laboratory, shop, and personnel
facilities needed to support the expanded plant. The existing
laboratory may need expansion and upgrading. The interior
arrangement of the Control (Digester) Building in which the
laboratory is contained will be studied to determine its most
effective layout. Shop facilities are presently inadequate and
personnel facilities within the existing Control (Digester) and
Administration buildings need to be designed to accommodate the
staff required to operate and maintain the system.
Approach. In order to meet the objective of this task,
several sequential subtasks need to be accomplished. A
description of these subtasks follows.
1. Develop functional descriptions for each of the required
spaces. This includes defining all tasks that take place
in these spaces, the required equipment for each task,
the numbers and types of people to do these tasks.
Develop this with the City administrative and operations
staff.
2. Develop the space requirements for each function
including mechanical and electrical support space.
3. Using the overall plant layout and existing facilities
plans develop proposed floor plan layouts incorporating
existing facilities and room for mechanical and
electrical support systems.
4. Working with the architect, mechanical engineer,
operations specialist, and City of Port Angeles
administrative and operations personnel, develop a final
floor plan for the laboratory, personnel facilities, and
shop.
Products.
1. Predesign level layouts of the personnel areas within the
Digester Building, with the remodeled Administration
Building and within the new shop building for inclusion
in the Basis of Design report.
Assumption: In order to estimate level of detailed design
effort prior to reaching the level of completion noted in number
1 of Products above, assumptions were made regarding work to be
done in these areas. On the following page are listed
assumptions about these facilities used in developing the
detailed drawing lists.
1 /804 /portang /task /B2 /Apnl 20, 1989/3 PM /cp
Desian Assumptions
Laboratory:
1. Incorporate existing laboratory into new space.
2. All mechanical HVAC /HOOD systems upgraded to most recent
safety code.
3. All chemical and flammable storage upgraded to latest
safety requirements.
4. Space adequate and equipment to meet requirements of
State laboratory certification regulations.
Shop Facilities:
1. Shop area defined by type of work done by maintenance
people and size of equipment to be serviced in shop.
2. Access into and out for trucks hauling equipment.
3. Height of area governed by equipment size and crane
requirements.
4. Heat /ventilation to safety codes.
5. Assume major electrical done outside.
6. Assume welding done outside.
7. No paint booth.
8. All basic mechanical work done by Port Angeles crew.
9. Instrumentation, basic electrical done by Port Angeles
crew.
Personnel Facilities:
1. Office space for one person and half -time clerk.
2. Operations /maintenance records maintained in that space.
3. Maintenance information /manuals data located here.
4. Computer records system report generation, maintenance
system here.
5. Locker /shower facilities M/F here /handicapped access
required.
6. Separate lunch /kitchen facilities.
1 /804 /portang /task /B2 /Apnl 20, 1989/3 39 PM /cp
7. Incorporate existing space into new space.
1 /804 /portang /task /B2 /April 20, 1989/3:39 PM /cp
Task B3: Sludge Thickening
Objective. To define the most cost effective process method
for thickening of raw sludges and waste activated sludges.
Approach. There are three basic techniques for thickening
sludges: gravity thickening, dissolved air flotation thickening
(DAFT), and gravity belt thickening. The first process is
technically simple and does not require chemicals, however, there
are some limitations in warm weather situations and with mixed
sludges. The other two processes require chemicals, and the DAFT
particularly requires more energy. There are enough questions
about the relative cost effectiveness of these processes that we
feel we need to evaluate each of these in terms of their actual
field performance in order to provide Port Angeles with the most
cost effective method of thickening. Therefore, we propose the
following predesign task:
1. Obtain the locations, names, and telephone numbers of
installations that have been in service for at least one
year, thickening combined raw and TF /SC secondary sludge,
or, in the case of DAFTs or gravity belts, thickening
TF /SC secondary sludge alone. Supplemental data will be
gathered on somewhat similar activated sludge plants, but
emphasis will be placed on obtaining operating data at
plants as identical to Port Angeles' as possible.
2. Contact each owner /operator with a standard questionnaire
and obtain copies of actual operating data.
3. Evaluate data and questionnaire responses. Coordinate
with Port Angeles engineering and operations personnel.
4. Recommend an optimal thickening system that minimizes
costs and operating requirements, yet provides adequate
thickening and acceptable recycle.
5. Prepare spacial layouts for thickening facilities for
inclusion in the Basis of Design report.
Products. Selection of thickening method and layouts of
thickening area for inclusion in the Basis of Design report.
1 /804 /portang /task /B3 /April 20, 1989/4:48 PM /cp
Task B4: Sludae Conditionina Study
Obiective. To select the type of sludge conditioning agent
necessary for optimal dewatering performance of combined,
digested primary, and TFSC secondary sludge. This is required in
order to lay out the dewatering building's chemical handling
facilities. The generic agent will be "polymer however, dry,
liquid, emulsion or granulated forms of polymer require different
mixing, aging, dilution and feeding equipment.
Approach. Nationally survey both polymer producers and
operating TFSC secondary plants with anaerobic digestion to
determine the best polymer product for use at Port Angeles.
Recent polymer formulation changes make data on products used in
the past obsolete. The alternative to this study work is to
provide multiple chemical feed systems requiring extra space and
cost.
Product. Selection of polymer type -dry, granulated, liquid,
or emulsion. Draft chemical area layout and design prepared for
inclusion in the Basis of Design report.
1 /804 /portang /task /B4 /Apnl 20, 1989/4:01 PM /cp
Task B5: Geotechnical Investiaations
Objective. To conduct geotechnical investigations necessary
for structural design of plant structures. It is estimated that
the investigations will consist of eight test bores and related
analyses to obtain geotechnical data and recommendations
necessary for the project design. Should additional test bores
or extended geotechnical investigations become necessary, such
work will be performed as a special engineering service.
Approach. Geotechnical studies shall be conducted by the
geotechnical subconsultant as one of the earliest predesign
tasks.
An assumption inherent in the estimated level of effort for
design of structural work at the plant is that it will not be
necessary to pile support any structures, piping or other
facilities and also that foundation preparation can be
accomplished within the single projected construction contract.
If separate preload /earthwork contracts or special foundations
are found to be required as a result of the geotechnical studies,
these would be special engineering services.
Products. A subconsultant's geotechnical report with
specific design recommendations including:
Soil conditions (logs and descriptions)
Ground water levels during boring period and estimated
during the wettest season
Dewatering considerations and design recommendations
Loading limitations
Earth pressures on structures and retaining walls
Uplift forces on structures
Special excavation and fill requirements
Settlement predictions
Slope stability
Availability of required backfill
Local sources of backfill materials
Soil corrosivity
Site preparation recommendations
Subdrain recommendations
Foundation recommendations
Pavement design recommendations
Construction comments
1 /804 /portang /task /B5 /May 31, 1989 /10.04 AM /cp
Task B6: Basis of Desian Report
Obiective. To prepare a formalized report to assure that
every treatment plant process and area is brought to an
equivalent state of completion prior to presentation to the 25
percent completion review by the Review Board covered in Task C8.
The goal of the Basis of Design Report is to document the spacial
requirements of all structures and to list all equipment and show
exactly how each piece of equipment is to be controlled. When
the project is brought uniformly to this level of completion all
parties involved; Engineer, City, independent reviewers, and the
State, can understand what the plant will look like and how it
will function. Typically, review of this report produces the
most meaningful and useful commentary and may result in
fundamental changes or redirection of the project.
Approach.
1. The process P &IDs are the detailed design control
document for engineering individual equipment items.
Therefore, the order of work shall be to first develop
the P &IDs, then to make tentative equipment selections,
site major facilities, check plant hydraulics, and
finally, size structures to accommodate servicing and
access of equipment and controls. The above is an
iterative process to be repeated several times until a
configuration meeting design and regulatory constraints
is achieved.
2. The layouts for additional facilities will be identified
compatible with ultimate plant expansion.
3. Plant total power requirements will be identified.
Additional power needs and transformer capacity will be
coordinated with the power utility.
4. For all major facilities, materials for buildings,
structures, pipelines, and equipment will be identified.
5. A construction sequencing schedule will be developed
based on maintaining treatment capability during
construction.
6. The facility planning construction cost estimate will be
updated. (Note, a more detailed take -off cost estimate
will be prepared later at the end of the design period
under Task C10).
Project standards will be developed to ensure the completed
plant appears homogeneous and architecturally integrated. The
operation of similar processes and individual items of equipment
are consistent, regardless of location. Client preferences and
standards will govern design choices. The project standards will
define the methodology to insure that a consistent product is
1 /804 /portang /task /B6 /June 2, 1989 /9.51 AM /cp
produced. In their written form they allow the owner an
opportunity to confirm that his specific concerns are being
incorporated into the design.
Products. Task report including the following:
Major process P &IDs (draft) and narrative process control
strategies
Site plan
Hydraulic profile
Dimensional data, major structures
Major equipment list /sizing
Review of geotechnical data
Special considerations
Design criteria (process)
Energy recovery /reuse
Project standards
Civil
Structural
Mechanical (process)
Mechanical (HVAC /plumbing)
Electrical
Instrumentation
Architectural
Client standards and preferences
Contract front -end requirements
Brown and Caldwell standard
Federal standard
Client standard
Combination
Specification index
Specialized reports
Geotechnical
Cost estimate (updated from Facility Plan)
Draft construction sequence schedule
1 /804 /portang /task /B6 /May 31, 1989 /8:26 AM /cp
Task Cl: Regulatory Agency Coordination and NPDES Negotiations
Ob To maintain contact with regulatory agency staff
throughout the design period and facilitate ongoing dialogue and
agency involvement. Avoid surprises and re -work which could
impact budget and schedule.
Approach.
1. Contact Region X EPA and State DOE local and Olympia
offices to identify staff members assigned to the Port
Angeles project for the detailed design period.
2. Meet with assigned agency and City personnel on a monthly
basis. For budget purposes it is assumed that meetings
will be held in Port Angeles to coincide with the City
monthly meetings. These regularly- scheduled meetings
would also serve as job status discussion sessions in
general.
3. Negotiate the draft NPDES wording, based upon
recommendations contained in Chapter 10 of the Facility
Plan, prior to detailed design of secondary facilities-
loadings, flows, and 85 percent removal requirement.
4. Estimated level of effort is based upon a 15 -month design
period.
5. Review the treatment plant operating records for the last
year in relation to the 1989 search for a cause of high
soluble BOD plant influent loads and the results of the
City's efforts to locate a source. Adjust plant
expansion loadings if a continuing source has been
identified. Twenty -four labor hours are included for
this subtask. No additional time is budgeted for
assistance with ongoing City efforts to track or monitor
BOD levels in the collection system. Such work would be
a special engineering service.
Products. Regular meeting minutes and written phone contact
conversation records.
1 /804 /portang /task /C1 /Apnl 20, 1989/4:05 PM /cp
Task C2: Process and Instrumentation Diacframs Desian
Obiective. To develop process and instrumentation diagrams
(P &IDs) into detailed process design drawings. These diagrams
will show the relationships of processes and subprocesses to one
another. The diagrams will serve as process summaries, design
controls, and construction aids. P &ID drawings will be prepared
for inclusion in the contract documents. Note that these are
fully instrumented and interlocked P &IDs and therefore serve both
the purpose of schematic process diagrams and are the
instrumentation drawings except for instrument installation
details. There will be no need for separate functional
instrument diagrams to show control loops and interlocks.
Products. Process and instrumentation diagrams (P &IDs) will
be prepared for the contract document. Drawing lists are
included with the negotiations backup material. Estimated effort
is based upon 17 drawings.
1 /804 /portang /task /C2 /May 31, 1989/8:38 AM /cp
Task C3: General and Civil Design
Obiective. To prepare general documents to present the civil
engineering design, including plant site layout, coordinate plan,
design data, hydraulic profile, demolition plan, grading, roadway
and paving design, outside piping, landscaping drainage design
(surface and subsurface), and site utilities.
Prepare, check, and catalog a set of detailed design
calculations for the project. Calculations will indicate
assumptions employed, drainage design criteria, formulae used
with references noted, pavement design criteria, and sketches.
Prepare the specifications for Division 2, Site Work, for the
Port Angeles treatment plant.
Products. General and civil drawings will be prepared for
the contract documents. Drawing lists are included with the
negotiations backup. Estimated effort is based upon 20 drawings.
1 /804 /portang /task /C3 /May 31, 1989 /8:30 AM /cp
Task C4: Mechanical Desian
Obiective. To complete mechanical design which includes
preparation of drawings and specifications (Divisions 11, 13, 14,
and 15) for mechanical design elements inclusive of new or
modified mechanical, process, piping, or HVAC related equipment.
Mechanical design also includes cathodic protection systems;
external protection coatings for buried or submerged metallic
pipelines; and coordination of laboratory and maintenance shop
layouts.
Mechanical design develops the control requirements for each
facility and evaluates the level of control desirable. It
completes hydraulic analysis of all fluid systems. It evaluates
the need for heating, ventilation, and air conditioning in each
structure and establishes heating and air conditioning criteria.
It prepares, checks, and catalogs sets of detailed design
calculations for the project. Calculations will indicate
assumptions employed, hydraulic design criteria, formulae used
with references noted, hydraulic design criteria and sketches,
pump curves, system -head curves, and motor sizing.
Mechanical design also evaluates the noise attenuation and
odor reduction requirements for the project and selects the noise
abatement and odor reduction design criteria required to meet the
City's objectives.
Initial plant site and building layouts are mostly equipment
dependent and are developed by the mechanical /process disciplines
under this task.
Products. Mechanical drawings will be prepared for the
contract documents. Drawing lists are included with the
negotiations backup material. Estimated effort is based upon 74
drawings.
1 /804 /portang /task /C4 /May 31, 1989/8:31 AM /cp
Task C5: Structural Desian
Obiective. To perform structural design work for
foundations, buildings, process structures, supports, handrails,
repair and modifications to existing structures, and
miscellaneous special conditions are included in this task.
Contract drawings for the structural work will be prepared.
Specifications for Divisions 3, 4, and 5 shall be prepared.
Evaluate the various structural systems available and perform
detailed design of all structural elements and production of
final structural drawings as shown in the attached drawings list.
New structures shall be conservatively designed for a 50 -year
life. Design practice shall be in conformance with applicable
codes including those of the American Concrete Institute and the
American Institute of Steel Construction.
Structural design shall be fully coordinated with
geotechnical conditions as developed in Task B5. Final drawings
shall be detailed for takeoff of basic materials by construction
contracts. Drawings shall bear the stamp of a structural
engineer registered to practice in the State of Washington.
Prepare, check, and catalog a set of detailed design
calculations for the project. Calculations will indicate
assumptions employed, structural design criteria, formulae used
with references noted, and sketches.
The Engineer shall not be responsible for locating or
removing asbestos or asbestos containing materials. The Owner
shall inspect existing facilities related to the project for the
presence of asbestos and if asbestos is found, make arrangements
to remove or seal the asbestos as required by state and federal
regulations.
Products. Structural drawings will be prepared for the
contract documents. Drawing lists are included with the
negotiations backup material. Estimated effort is based upon 67
drawings.
1 /804 /portang /task /C5 /June 2, 1989/9:52 AM /cp
Task C6: Architectural Desian
Objective. To prepare document architectural drawings and
specifications. The Engineer shall supervise and coordinate the
work of a qualified architect. Architectural design includes
developing basic building layouts and an overall site theme,
selecting building materials, and preparing architectural
drawings and Divisions 6, 7, 8, 9, 10, 12, and portions of 5 of
the specifications.
The architect shall be responsible for defining all building
and room use and occupancy classifications and detailing
requirements for construction materials (fire wall rating, smoke
and fire dampers, etc.).
Beginning with the design development phase, the architect
will elaborate on an architectural concept and develop
architectural drawings for structures. Include consideration of
color, site, surrounding buildings, maintenance, art, and
aesthetics. One freehand sketch perspective will be provided for
each structure.
Architectural drawing elements including partition walls,
door, windows, stairwells, finishes, and roofing shall be
detailed sufficiently so that construction contractors can
perform detailed takeoffs of materials. Particular attention
shall be shown to coordination of work with other disciplines.
Elevations and detailing of floor drains and slopes shall be
called out. Design of architectural elements shall be in
conformance with the current edition of the City's Building Code
and all other applicable codes. Final drawings shall bear the
stamp of an architect registered in the State of Washington.
Products. Architectural drawings will be prepared for the
contract documents. Drawing lists are included in the
negotiations backup material. Estimated effort is based upon 35
drawings.
1 /804 /portang /task /C6 /May 31, 1989/8:43 AM /cp
Task C7: Electrical Desian
Ob To prepare, for inclusion in the project manual,
drawings and specifications for electrical design elements.
Electrical design includes power utility service, power
requirements, electrical distribution systems and control
centers, lighting and circuit diagrams, and electric motors and
switchgear. Specification Divisions 16 and 17 will be prepared
under this task.
It is assumed that a major amount of plant electrical rework
is required due to replacement of the existing plant's 208 volt
power distribution system and lack of redundant feeder system.
It is assumed that every existing plant electrical drive must be
rewired. Not included in the estimated level of effort is work
related to installation of fire alarm or halon systems or
communication systems other than provision of telephone raceways
to locations determined by the owner for later telephone
placement by the owner.
Products. Electrical drawings will be prepared for the
contract document. Drawing lists are included with the
negotiations backup. Estimated effort is based upon 58 drawings.
1 /804 /portang /task /C7 /May 31, 1989/10:11 AM /cp
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Task C8: Quality Control /Desian Reviews
Objective. The objective of all reviews is to ensure that
the work of individuals is well integrated into the project and
technically sound. This task encompasses two general quality
control work areas managerial reviews, and formal design
reviews.
Ongoing managerial reviews require the project manager to
meet individually with all design personnel on a weekly basis for
all areas and processes to ensure that products are coordinated.
This work also includes meeting with the City and its staff 'once
per month to ensure they are kept abreast of technical
developments and to receive City input. This work is the major
activity of the design manager throughout the design period.
Labor hour estimates are based on a 16 -month predesign /design
period.
Formal design reviews are conducted at key points in the
design, the specific dates being determined by the project
manager. Formal design reviews as described below are scheduled
for the 25, 60, and 90 percent stages of project completion.
These reviews are intended to serve as external checks on both
quality and value. No separate, client -run value engineering
review is included in this work scope. The client is encouraged
to attend or have their value engineering representatives attend
all design review meetings.
Amproach.
1. Formal reviews:
a. After the items described in Task B6 for the Basis of
Design Report have been assembled and preliminary
equipment data sheets have been prepared for all
equipment items, print review documents and convene
the Review Board. This review focuses on process
sizing and analysis and the efficiency of site and
building layouts.
b. After project data forms and P &IDs reach 100 percent,
the design projects as a whole will be at about the
60 percent stage of completion. At that point, sets
of draft specifications, data forms, and drawings
will be printed both for submission to the City /State
and for concurrent use by the Review Board. Printing
costs are covered under Task C14. This review will
focus upon overall technical content, quality
control, and constructability.
c. 90 percent discipline managers' coordination cross
check and constructability review.
1 /804 /portang /task /C8 /May 31, 1989/8:44 AM /cp
d. Twenty -five and 60 percent design reviews are
conducted by Corporate Vice President level
personnel.
e. Discipline checks are brief checks by department
heads to ensure that
mechanical /electrical /HVAC /structural conflicts are
minimized.
f. The coordination cross check is made by a senior
engineer, not associated with the project. Its
purpose is to determine the level of consistency
between specifications and drawings, and between
individual discipline drawings and the
specifications.
g-
Participation of the Construction Manager in
constructability evaluations during design to assure
favorable contractor bid evaluations for
construction, sequencing, and maintenance of existing
plant operations.
Products. Maintained files of review comments.
Incorporation of review comments as directed by the design
manager from his overall perspective. A summary of review
comments with the manager's response will be prepared and
delivered to the City following the 25 and 60 percent review
sessions.
1 /804 /portang /task /C8 /Apnl 20, 1989/4:20 PM /cp
Task C9: Specification Index and Contract Leaal
and Procedural Documents
Obiectives.
1. To prepare the legal and procedural portions of the
contract documents for the wastewater treatment plant
construction project. A full length version of the
contract's front -end requirements may, at the Owner's
option, be bound into the Basis of Design Report, or
transmitted separately. In either case, the objective is
to give the City's legal counsel ample opportunity for
review prior to production of contract documents.
2. To accurately determine the number and type of
specification sections to be produced for the contract
documents. A detailed index of all required
specifications is useful to the Owner and Engineer in
optimizing the sequence of work during detailed design;
it also provides reviewers an opportunity to comment upon
missing or incomplete data.
Approach. To integrate special project requirements
inclusive of applicable federal, state, and City requirements
into Brown and Caldwell's front end documents and to determine
the specifications to be prepared as part of detailed design by
correlating plant equipment and construction technique
requirements to specification division requirements.
Products. Products from this task are the legal, procedural,
and contract general conditions for Part A of the contract
documents; the general requirements section of Division 1, and
the project draft technical specification index.
1. Part A Bidding and Contract Requirements
(local agency funded projects):
Section 00020 Invitation to Bid
Section 00100 Instructions to Bidders
Section 00300 Bid
Section 00310 Bidding Schedule
Section 00410 Bid Guaranty Bond
Section 00423 Certification of Bidder's Experience and
Qualifications
Section 00430 Proposed Subcontractors
Section 00450 Schedule of Manufacturers and Suppliers
Major Equipment and Material Items
Section 00510 Agreement
Section 00610 Faithful Performance Bond
Section 00620 Payment Bond
Section 00631 Progress Payment and Retention Bond
Section 00710 General Conditions
Section 00800 Supplementary Conditions
1 /804 /portang /task /C9 /Apnl 20, 1989/4:21 PM /cp
2. Division 1 General Requirements
Section 01006 Project Location and Site Access
Section 01010 Summary of Work
Section 01012 Reference Material
Section 01014 Work Sequence
Section 01015 Contractor's Use of Premises
Section 01050 Survey Information
Section 01060 Safety and Health
Section 01071 Standard References
Section 01300 Submittal Procedure
Section 01310 Construction Schedule, Schedule of
Values, Progress Reports, and Special
Tabulations
Section 01380 Photographs
Section 01500 Contractor's Facilities
Section 01560 Environmental Controls
Section 01590 Owner's Office Trailers
Section 01660 Installation, Testing, Commissioning,
and Training
Section 01700 Restoration of Improvements
Section 01720 Record Drawings
Section 01730 Operating and Maintenance Information
Section 01999 Reference Forms
3. Specification Index
1 /804 /portang /task /C9 /Apnl 20, 1989/4:21 PM /cp
J
Task C10: Prepare Construction Cost Estimates
Objective. Prepare Engineer's estimated bid cost from
detailed design review submittal set of plans and specifications
and provide information to the City regarding program costs and
capital improvement project timing so that the City may update
the financial plan first developed in the 1989 Facility Plan.
Note that a preliminary cost estimate was made in the Basis
of Design Report. No intermediate cost estimating efforts are
anticipated prior to the final bid estimate. Additional cost
estimates would be a special engineering service.
Approach. Cost estimate detailed engineer's quantity
takeoffs and application of unit prices for preparation of an
itemized construction cost estimate.
Financial plan support -a summary of program element costs
and knowledge available at the time of the City's request
regarding likelihood of grant /loan support for all program
elements will be summarized for use by the City.
Products. Estimated wastewater treatment plant project bid
price based upon review of submittal plans and specifications.
1/804 /portang /task /C10 /May 31, 1989 /8:47 AM /cp
Task C11: Construction Schedule
Obiective. Develop a detailed construction schedule that can
be used as a reference document by the City, the Engineer and
prospective construction bidders. The schedule should assist in
obtaining accurate bids based upon realistic construction times
and would also be useful later during construction as a reference
when reviewing the Construction Contractor's detailed work
schedule.
Approach. Engineer shall use a computerized scheduling
program to develop a construction schedule that shows starting
and ending times for major activities, and the relationship of
activities to one another. Based on the assumption that all
construction will be done during regular working hours, and
giving consideration to equipment delivery times and probable
weather effects, Engineer shall establish the date construction
will be complete based on normal rates of progress for major
construction activities. The construction period shall include a
contingency allowance of approximately 10 percent.
Products. Hard copy and diskettes of computer schedule.
1 /804 /portang /task /C11 /May 31, 1989/8 48 AM /cp
Task C12: Desian /Construction Continuity and Proposal Responses
Obiectives.
1. To allow the Engineer to respond to requests for
preparation or evaluation of changes in scope during the
detailed design phase.
2. To close out the detailed design including consolidating
all calculations and design files. Making copies of
calculations for the client as requested (assumed -one
set of all structural calculations for review by the
building department). Archiving all records for
permanent storage with organized access and recovery as
needed.
3. To prepare the detailed scope of consultant services for
the treatment plant construction project so that
agreement can be reached early enough to allow continuous
service through the bidding period and initial phases of
construction.
Approach. Costed proposals, task description sheets, draft
general cost and time impact information, and formal legal
amendment verbiage will be prepared in response to changes in
scope the City wishes to have evaluated.
Products. Proposals and amendment drafts.
1 /804 /portang /task /C12 /May 31, 1989 /8:48 AM /cp
Task C13: Printing of Contract Documents
Obiective. To print and submit draft and final contract
document sets consisting of drawings and specifications to the
City. Copying and reproduction for working products during the
design process are covered under the design tasks. This task
covers major printing activities including submission of 60
percent contract review sets, 90 percent contract review sets,
and final document sets. Also included is distribution of
documents during the bidding period.
ADDroach
1. File sepias will be made prior to releasing materials to
the printer. Printing shall be on 8 -1/2" x 11" for
specifications and front end documents, and 11" x 17" for
drawings.
2. For the 60 percent submittal, 12 document sets will be
delivered to the City. All materials will be stapled or
comb bound. Drawings may full or half -size as selected
by the Engineer.
3. For the 90 percent submittal, 25 document sets will be
delivered to the City. All materials will be comb bound.
Drawings will be half -size.
4. For the final submission of contract documents, 125 sets
will be delivered to the City. All document sets will be
spiral -wire bound. For estimating purposes, it is
assumed that each document set will consist of 271
drawings and 1,100 specification pages.
5. During the bidding period, the Engineer will sell, log,
track, and distribute contract documents and addenda.
Monies from document sales will be credited to this task
as negative direct costs.
Products. The following sets of material will be delivered
to the City or to review agencies.
6 document sets -60 percent submittal
15 document sets -90 percent submittal
125 document sets -100 percent submittal
Also delivered to the City at this time will be floppy disk
copies of all specification schedules such as control valve
schedule, panel schedule, conduit schedules, master equipment and
drawing lists, etc. Schedules shall be collated on software to
be defined in the project management plan developed under Task
Al.
1 /804 /portang /task /C13 /May 31, 1989/8:49 AM /cp
Task C14: Attendance at City and Reaulatory Hearinas
or Presentations
Obiective. This task provides for time to prepare
presentation materials and attend formal meetings at the City or
one of the regulatory agencies.
This task assumes that four evening presentations are
required each requiring attendance of two people plus technical
staff for media preparation.
Approach. The Engineer and City will agree upon the most
effective presentations in which the Engineer should be involved.
Products. Visual aids,handouts, meeting agendas, and meeting
outlines.
1 /804 /portang /task /C14 /May 31, 1989/8:49 AM /cp
Task Dl: Protect Funding
Objective. To assist the City in pursuit of grant and loan
funds from potential funding sources including the following
grant or loan programs:
Department of Ecology (DOE) Centennial Clean Water
treatment plant construction
Marine CSO
Washington State Energy Office (WSEO) energy conservation
Public works trust fund
Other federal programs
Approach.
1. To identify applicable programs and document the
application requirements and timing constraints for
application.
2. To assist the City in preparing grant applications
through processing of application data as necessary.
3. At the time of preparation of this scope of services, the
State and Federal facility plan review agencies were
unable to say that funding applications could be limited
to submission to one centralized authority, presumably
WDOE. Therefore, the estimated effort reflects
application to several separate programs. It is for
assistance to the City as requested and will require
amendment if the City directs more work than shown.
Products. Grant application data as requested /directed by
the City.
1 /804 /portang /task /D1 /June 2, 1989/9:52 AM /cp
Task D2: Alternative Sludae Disposal Options
Oblective. The Facility Plan identified a primary or initial
sludge disposal option (dewatered sludge incorporated into the
daily and interim landfill cover) with dewatering facilities
provided in this contract. Additionally, the Facility Plan
recommended that the City begin a long -term program to develop
other sludge disposal methods to provide planning flexibility.
It is assumed that this work will be carried out primarily by the
City.
This task provides up to 80 hours of assistance with the
alternative sludge development program to be used as directed by
the City.
1 /804 /portang /task /D2 /May 31, 1989/8:51 AM /cp
Task D3: Combined Sewer Overflow Monitorina Plan
Objective. WDOE requires the City to have a long -term CSO
monitoring plan which ultimately implies that the City should
have permanent monitoring devices in locations where CSO's are
known to have occurred. In some cases these could involve
interceptor rerouting and substantial vault and structural
facilities.
The purpose of such monitoring is to assess improvements
created by collection system work, however, collection system
work is not scheduled until some time considerably in the future.
Also, monitoring facilities would naturally be associated with
some of the future pumping station rework. The current level of
required monitoring has therefore not been established.
This task includes time to assist the City in negotiating the
current (pre 1995) level of monitoring to be required by the
State. It does not include predesign work nor detailed design
work for any specific monitoring locations or facilities. Such
services would be special engineering services.
Approach. Meet with WDOE in Port Angeles at known CSO sites
and discuss future work in the collection system and purposes to
be served by the monitoring which the State has indicated it
desires.
Product. Draft letter of understanding for the City's use in
reaching a conclusion as to the number, type and timing of
required monitoring facilities.
Preparation of a draft scope of services for predesign and
design of required pre -1995 facilities.
1 /804 /portang /task /D3 /May 31, 1989 /8:51 AM /cp
Task D4: Facility Plan (Enaineerina Report) Follow-Up
History.
1. Additional support was provided the City during the
facility planning period to review BOD strength
anomalies, assist with EPA negotiations, and provide
support over an extended regulatory review period
impacting the ability to budget final facility plan
editing and printing.
2. On May 26, 1989, DOE presented a list of 27 items, mostly
related to CIP program elements other than the treatment
plant which will require DOE /City negotiations prior to
final editing and printing of the facility plan.
Obiectives.
1. Provide the City draft responses to all 27 items of the
May 26, 1989 facility plan review session.
Exceptions:
a. DOE Item 7 implies collection system computer
analysis for the one -event per year CSO overflow at
each location should be re- analyzed as sanitary
overflows with no allowable overflow events per year.
Such computer analysis would be negotiated as a
special engineering service if required.
b. Effort estimated here related to sludge disposal
remains that associated only with primary disposal as
daily cover at the City's landfill.
2. Assist the City in negotiating an implementation schedule
for all CIP projects.
3. Perform final editing and printing of the facility plan
document.
Approach.
1. Prepare draft responses to each item presented at the May
26, 1989 facility plan review session. City shall edit
and submit these responses to DOE.
2. Assist with follow -up negotiations between DOE and the
City regarding CIP project staging. Note that this
effort will be finalized at the upper management level of
the City and DOE and could take several months.
Treatment plant predesign /design will be happening
concurrently with this negotiation effort.
1 /804 /portang /task /D4 /May 31, 1989 /9:05 AM /cp
3. If necessary, amend the predesign /design agreement for
the treatment plant based upon the outcome of
negotiations in Item 2.
4. Edit, print, and submit 40 copies of the facility plan to
the City. Format will be similar to the draft copy
except the documents will be spiral wire bound.
Products. Final facility plan document -40 copies, similar
format to draft copies except with wire bindings.
1 /804 /portang /task /D4 /May 31, 1989 /9.05 AM /cp
Task D5: Directed Services
Obiective. Major changes to the treatment plant
predesign /design scope of services will be administered as
special engineering services requiring agreement amendment as
described in Agreement Section II.B. However, to provide the
City day -to -day administrative flexibility during the year- and -a-
half design period, an allowance is here provided for
miscellaneous engineering services to be performed when and as
authorized in writing by the City.
Products. As directed by the City.
1 /804 /portang /task /d5 /May 31, 1989 /10:12 AM /cp
Exxl$IT C
TION
COFR F AN SLES
CITY T N
OA MENT *PLANT S
EXHIBIT C
COMPENSATION
CITY OF PORT ANGELES
TREATMENT PLANT EXPANSION
Compensation for services provided under Article II,
"Scope of Engineering Services," shall be in accordance with the
methods described in this Exhibit and the specific amounts shown
on the attached schedule, or may be later mutually agreed to.
I. METHOD OF COMPENSATION
Compensation for each service or task authorized on a
cost reimbursement basis shall be the sum of direct labor cost,
indirect costs, and other direct costs plus a fixed professional
fee. The fixed fee includes state and federal income taxes, plus
profit. Costs to be paid comprise the following:
A. Direct Labor Costs
Direct labor costs shall be the total number of hours
worked on the job by each employee times the actual rate of pay
for that individual. Pay rates are adjusted annually on October
1st.
B. Indirect Costs
Indirect costs used for interim reimbursement
purposes shall be the product of all direct labor costs
multiplied by an overhead rate of 1.85.
C. Other Direct Costs
Other direct costs shall be billed at 1.15 cost and
shall include the following:
1. Services directly applicable to the work, such as
special legal and accounting expenses, computer
rental and programming costs, special
consultants, borings, commercial printing and
binding, and similar costs that are not
applicable to general overhead.
2. Identifiable reproduction costs applicable to the
work, such as printing of drawings, photostating,
multilithing, printing, and similar costs.
3. Identifiable communication expenses, such as long
distance telephone, telegraph, cable, express
charges, and postage other than for general
correspondence.
1 /804 /portang /task /C /Apnl 13, 1989/10:34 AM /cp
4. Living and traveling expenses of employees when
away from home office on business connected with
work.
5. Automobile expenses at $0.25 per mile.
6. Word processing equipment charges at $10.00 per
hour.
7. Computer charges at $10.00 per hour.
8. Subcontracted services.
D. Fixed Professional Fee
Fixed professional fee for engineering services shall
be the amount as listed in III below.
E. Proaress Billina
The monthly compensation shall be the sum of all
direct labor, indirect costs, and other direct costs incurred
during the month, plus a percentage of the fixed professional
fee. The percent of total fixed professional fee to be paid each
month shall be in proportion with the total estimated cost
completed. Upon completion of the work, the balance of any fixed
professional fee shall be paid.
II. SCHEDULE ASSUMPTIONS AND COST
The estimated cost of each task is a function of the time
required to complete the task and at what point in time the work
is carried out.
III. COMPENSATION SCHEDULE
If at any time the Engineer believes the cost shall be
greater than estimated, Engineer shall notify Owner in writing.
The notification shall state the revised cost estimate and, if
applicable, the revised time for completion. Engineer shall
submit such notification to Owner as early as possible, but no
later than 30 days prior to scheduled completion of the work.
Owner shall not be obligated to reimburse Engineer for
costs incurred in excess of the estimated cost unless Owner
agrees in writing to do so. Engineer shall not be obligated to
continue performance under this Agreement or otherwise incur
costs in excess of the original estimate unless and until Owner
notifies Engineer in writing that the estimated cost has been
increased.
1 /804 /portang /task /C /Apnl 20, 1989/4:27 PM /cp
If additional funds and time adjustments are not allotted
by the scheduled completion date, Owner shall, on written request
by Engineer, terminate this Agreement. The termination date
shall be the originally scheduled completion date or other date
agreed to by Owner and Engineer.
Compensation for the work in Exhibit B shall be as shown
in Table C-1.
1 /804 /portang /task /C /June 2, 1989/10:23 AM /cp
MINNIUM IM I INNMEIN N MN ME
TABLE C -1 PORT ANGELES PREDESIGN /DESIGN COSTS
Task Title Cost Fee Total
Al Project Management 79,571 11,936 91,507
B1 Septage Handling and Treatment 22,330 3,349 25,679
B2 Laboratory, Personnel, Shop 20,992 3,149 24,141
B3 Sludge Thickening 10,157 1,523 11,680
B4 Sludge Conditioning 4,379 657 5,036
B5 Geotechnical Investigations 38,026 5,704 43,730
B6 Basis of Design Report 36,735 5,510 42,246
Cl Reg Agency Coord 27,509 4,126 31,636
C2 Process and Instr. Diagrams Design 130,338 19,551 149,888
C3 General and Civil Design 81,440 12,216 93,656
C4 Mechanical Design 479,018 71,853 550,871
C5 Structural Design 317,943 47,691 365,634
C6 Architectural Design 93,409 14,011 107,420
C7 Electrical Design 240,950 36,142 277,092
C8 Quality Control /Design Reviews 126,541 18,981 145,522
C9 Spec Index /Legal, Procedural doc 11,754 1,763 13,518
C10 Construction Cost Estimate 7,351 1,103 8,453
C11 Construction Schedule 4,704 706 5,409
C12 Continuity /Proposal Response 14,190 2,128 16,318
C13 Printing of Documents 67,861 10,179 78,040
C14 City and Regulatory Hearings 16,276 2,441 18,717
D1 Project Funding 20,176 3,026 23,202
D2 Alternative Sludge Disposal 25,001 3,750 28,751
D3 CSO Monitoring 4,449 667 5,116
D4 Fac Plan Follow -Up 32,303 4,845 37,148
D5 Directed Services 42,419 6,363 48,782
TOTAL 1,955,822 293,373 2,249,195
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6 UNITED STATES DISTRICT COURT
I 7 WESTERN DISTRICT OF WASHINGTON
1 8 UNITED STATES OF AMERICA,
9 and NO.
10 THE STATE OF WASHINGTON,
11 Plaintiffs,
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12 V.
CONSENT DECREE
1 13 CITY OF PORT ANGELES, WASHINGTON,
14 Defendant.
1 15
16 WHEREAS, plaintiffs, United States of America and the State
I 17 of Washington, having filed a Complaint in this case alleging
1 18 violations of Sections 301 and 402 of the Clean Water Act ('the
19 Act'), 33 U.S.C. §S 1311 and 1342, and Sections 90.48.162,
1 20 90.48.260 and 90.52.040 of the Revised Code of Washington ('RCW')
21 by defendant City of Port Angeles, Washington ('City'); and
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22 WHEREAS, plaintiffs and defendant, having agreed that
1 23 settlement of this matter is in the public interest and that entry
24 of this Decree is the most appropriate means of resolving this
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rogm OBD 183
CONSENT DECREE 1
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
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1 WHEREAS, the plaintiffs and defendant, cy their respective
2 attorneys, having consented, without trial o: adjudication of any
3 issue of fact or law herein, to the entry of this Decree,
4 NOW, THEREFORE, it is ORDERED as follows:
5 I
6 JURISDICTION
7 This Court has jurisdiction over the subject matter and over
8 the parties pursuant to 28 U.S.C. 1345 and 33 U.S.C. S 1319.
9 The Complaint states a claim upon which relief may be granted
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FORM OBD 183
MAR 8
against defendant pursuant to Section 309 of the Act, 33 U.S.C.
S 1319.
II
BINDING EFFECT
The provisions of this Consent Decree shall apply to and be
binding upon the parties to this action, their officers,
directors, agents, servants, employees, successors, assigns, and
all persons, firms and corporations in active concert or
participation with them. The City shall give notice of this
Consent Decree to any successors in interest prior to transfer of
ownership or operation of the City's Wastewater Treatment plant,
and shall simultaneously notify the United States Environmental
Protection Agency ('EPA'), Region 10, Water Division Director, and
the Director of the Washington Department of Ecology ('Ecology'),
PV -11, Olympia, Washington, 98504, that such notice has been given
by the defendant. The City shall provide a copy of this Consent
Decree to each contractor or contractors which it retains to
CONSENT DECREE 2
-n
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
perform work prescribed herein prior to executing any contract
relating to such work.
III
CIVIL PENALTY
In settlement of plaintiffs' claims in the Complaint relating
to reported violations of NPDES Permit No. WA- 002403 -1, and
Section 301 of the Act, the City shall pay a civil penalty of
Eight Thousand Five Hundred Dollars ($8,500.00). This penalty is
due and payable thirty (30) days after this Consent Decree is
entered by the Court. The City shall tender the payment at the
office of the United States Attorney for the Western District of
Washington, by check made payable to the Treasurer of the
United States.
I V
REMEDIAL PROGRAM
The City shall undertake a program to attain compliance with
its NPDES permit, the Act and the RCW The program involves the
construction of a wastewater treatment facility capable of
achieving secondary treatment levels. The completion of all
phases of design, construction and achievement of compliance shall
be accomplished in accordance with the schedule below:
A. The City shall select and retain a consulting firm by
i ff40 1987.
B. The City shall submit a complete and updated engin
report for a secondary treatment facility by
March 31, 1989.
CONSENT DECREE 3
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
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FORM 013.0- F'
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1 C. The City shall complete final design of the secondary
2 facility by September 30, 1990.
3 D. The City shall begin construction of the secondary
4 treatment facility by July 1, 1991 and complete
5 construction by December 31, 1992.
6 E. The City shall attain full compliance with the secondary
7 treatment limits contained in NPDES Permit
8 No. WA- 002397 -3 by April 1, 1993. The NPDES permit
9 limits are hereby incorporated by reference and, for the
1 0 purposes of this Consent Decree, shall be final effluent
11 limitations.
12 F. When comment or approval by EPA or Ecology is necessary
13 to proceed with the remedial program, the milestones in
14 subparagraphs IV.A, B, and C above shall be the adjusted
15 appropriately if such agency review exceeds sixty (60)
16 days from the date of receipt of the City's submittal.
17 V
18 REPORTING
1 9 The City shall provide the Water Permits and Compliance
20 Branch, EPA, 1200 Sixth Avenue, Seattle, Washington, 98101, and
21 the Washington Deparment of Ecology, PV -11, Olympia, Washington,
2 2 98504, with progress reports beginning thirty (30) days after
23 entry of this Decree by the Court and every three (3) months
24 thereafter. Each progress report shall include a description of
25 problems anticipated or encountered which might place the City out
26 of compliance with the terms of this Decree.
CONSENT DECREE 4
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
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VI
2 INTERIM EFFLUENT LIMITATIONS
3 The City shall at a minimum comply with the following interim
4 effluent limitations from the date of entry of this Decree until
5 the date specified in subparagraph IV.E, above:
6 Parameter
Biochemical Oxygen Demand
(BOD 5 -day)
Suspended Solids (TSS)
Fecal Coliform Bacteria
pH
VII
NONCOMPLIANCE REPORTING
The City shall report to the Water Permits and Compliance
Branch, Water Division, EPA, Region 10, 1200 Sixth Avenue,
Seattle, Washington, 98101, and to the Department of Ecology,
PV -11, State of Washington, Olympia, Washington, 98504, in
21 writing, any violation of an interim or final effluent limitation
or failure to meet any milestone date specified in Paragraph IV
above, within five (5) days of such event. The report shall
state for each violation of an interim or final effluent
limitation the amount of the pollutant discharged, the date of
the discharge, the cause of the discharge, efforts taken to
CONSENT DECREE 5
Discharge Limitations
Monthly
Average
90 mg /1,
2800 lbs /day
100 mg /1,
2400 lbs /day
890/100 ml
Between 6.0 and 9.0
standard units.
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza 1
Seattle, WA 98104
(206) 442 -7970
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1 mitigate the discharge, and other information listed and
2 described in Title 40, Code of Federal Regulations,
3 Section 122.41(1)(6) or any successor regulation. For failure to
4 meet any milestone date specified in Paragraph IV, above, the
II report shall state the number of days of such violation and the
I 6 estimated date that completion will be achieved. In addition, a
7 I copy of the report summarizing all violations, accompanied by the
8 1 City's penalty payment as stipulated in Paragraph VIII, below,
9 I shall be submitted to the United States Attorney for the Western
1 0 District of Washington by the fifteenth (15th) day of the month
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11 following the month in which the violation(s) occurred. Each
12 payment shall be accompanied by a short written statement
13 explaining how the total penalty amount was computed.
14 VIII
I 15 STIPULATED PENALTIES
16 A. The City agrees to pay a stipulated penalty for
17 violation of any interim effluent limitation set forth in
18 Paragraph VI, above, from the date of entry of the Consent Decree
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until the date specified in Paragraph IV.E, and for violation of
20 any final effluent limitation after the date specified in
21 Paragraph IV.E above, until April 1, 1994. The City shall pay a
2 2 stipulated civil penalty for violation of each interim and final
23 effluent limitation parameter as follows:
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FORM OBD•1
(1) For each month in which the monthly average
25 limitation set forth in subparagraph IV.E and Paragraph VI above,
CONSENT DECREE 6
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970 1
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3 (2) The City agrees to pay stipulated civil
p penalties for
4 failure to meet each of the milestone dates listed in
5 Paragraph IV, above. The penalties for failure to meet each
6 i milestone date are as follows:
7 Period of Failure to Comply Penalty Per Da
8 1st to 15th day 50.00
15th to 45th day 100.00
9 45th to 180th day 250.00
10 over 180 days 500.00
11 B. Accrual of stipulated civil penalty liability pursuant
12 to subparagraphs VIII.A and B above, shall be cumulative in all
13 instances.
14 C. In the event that the City suffers delay in meeting a
a 15 milestone date in the remedial program schedule in Paragraph IV
16 above and said delay would render adherence to the schedule of
17 milestones which follow it unreasonably difficult, the schedule
II 18 shall be adjusted to extend the milestone date to account for the
19 delay.
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SEWER BAN
22 If the City is found to be in violation of subparagraph IV.D
23 or E above for a period greater than fifteen (15) days, there
24 shall be no hookups or extensions allowed to its collection
25 system until such time as the City can demonstrate it has
26 returned to compliance.
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is exceeded, the City shall pay the sum of One Thousand Dollars
($1000.00) for each parameter exceeded; and
CONSENT DECREE 7
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
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1 X
2 ENTRY AND INSPECTION
3 During the pendency of this Consent Decree, EPA and Ecology
4 and their authorized agents, including contractors, may exercise
5 the authority granted by Section 308(a) and (b) of the Act, 33
6 U.S.C. S 1318(a) and (b), and by RCW 90.48.090, to enter the
7 11 project sites and to examine, inspect, and copy records, logs,
8 1 contracts, and any other documents which EPA or Ecology, or their
9 authorized contractors need to assess compliance by the City with
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11 XI
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12 I EFFECT OF CONSENT DECREE
13 1 This Consent Decree is not and shall not be interpreted to
14 be a permit for the discharge of pollutants under Section 402 of
15 j the Act, 33 U.S.C. S 1342, or under any provision of state law
16 nor shall it in any way relieve defendant of any obligation
17 I imposed by such Act or any permit issued thereunder, or of its
18 I 1 obligation to comply with any other local, state, or federal law
19 in any way related to the subject of this Consent Decree.
20 Enforcement of any uncontested or adjudicated violation of the
21 remedial program schedule included in Paragraph IV or the interim
22 or final effluent limits in the Consent Decree shall be according
23 to the terms of this Decree only. With respect to any violation
24 1 of this Consent Decree other than a violation of the remedial
25 program schedule in Paragraph IV or the interim or final effluent
26 limitations, nothing contained herein shall be construed to
CONSENT DECREE 8
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
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prevent or limit plaintiffs' rights to obta:n penalties or
injunctive relief under Section 309 of the Act, U.S.C. 1319, or
other federal or state statutes and regulations.
The parties have entered into this Consent Decree to settle
disputed matters. This Consent Decree represents the compromise
agreed to by the parties after extensive good faith
negotiations. The parties consider the entry of this Consent
Decree, as a means to avoid protracted and difficult litigation,
to be in the public interest. For these reasons the entry of
this Decree shall serve to settle and compromise the allegations
made by plaintiffs' in the Complaint. In addition, the City
agrees to dismiss with prejudice its actions related to secondary
treatment against the plaintiffs in the cases of City of Port
Angeles v. Pollution Control Hearings Board, No. 85 -2- 00404 -6,
Clallam County Superior Court, and City of Port Angeles v.
United States Environmental Protection Agency, No. 86 -7735 (9th
Cir. 1986).
XII
RETENTION OF JURISDICTION
The Court shall retain jurisdiction to enforce the terms and
conditions of this Decree until its termination, except that the
Court may, at any time, order the payment of any penalty which
may have accrued while the provisions of the Consent Decree were
in effect. Any party shall have the right to petition this Court
for modification or construction of any provision of this Decree
upon good cause and after due notice to all parties.
CONSENT DECREE 9
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
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XIII
FORCE MAJEURE
A. In the event that the City fails to comply with the
4 requirements of this Consent Decree and the City's noncompliance
5 was caused by circumstances beyond the City's control which could
6 not be overcome by due diligence, the City's failure to comply
7 shall not be a violation of this Consent Decree and shall not
8 result in liability for stipulated penalties or other sanctions.
9 To the extent that noncompliance is caused by circumstances
10 beyond the City's control which could not be overcome by due
11 diligence, the remedial program schedule in Paragraph IV shall be
12 adjusted to account for delay.
13 B. The City shall promptly notify the Water Permits and
14 Compliance Branch, Water Division, EPA Region X, 1200 Sixth
15 Avenue, Seattle, Washington 98101 and the Department of Ecology,
16 PV-11, Olympia, Washington 98504 in writing of any occurrence
17 which may result in noncompliance with the requirements of this
18 Consent Decree which is caused by circumstances beyond the City's
19 control which could not be overcome by due diligence. The City's
20 notification to EPA and Ecology shall be written, shall state the
21 nature of the noncompliance, the reason(s) therefore, the
22 expected duration of noncompliance, and actions to be taken to
23 mitigate further noncompliance.
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CONSENT DECREE 10
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
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XIV
DISPUTE RESOLUTION
In the event that the City claims it has a defense or excuse
for any noncompliance reported to EPA according to this paragraph
the City shall provide a notice and a concise statement of the
defense or excuse to EPA Region X and the Department of Ecology
with the Cities' report of noncompliance. EPA and the Department
of Ecology shall have fifteen (15) days following the receipt of
said notice and statement from the City to deliver a response to
the City. The response shall state whether EPA or the Department
of Ecology accepts or disputes the City's claim to an excuse or
defense to noncompliance. If EPA and the Department of Ecology
accept the City's claim to an excuse or defense, there shall be
no requirement under this Decree for the City to incur monetary
penalties or other sanctions. If EPA or the Department of
Ecology dispute the City's claim to an excuse or defense, the
parties shall have fifteen (15) days after the City receives
notice of the dispute to meet, negotiate and attempt to arrange a
mutually acceptable resolution. If no mutually acceptable
resolution is achieved within fifteen (15) days, any party shall
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have the right to submit the dispute to the Court for resolution.
xV
TERMINATION
This Consent Decree shall remain in effect until substantive
compliance with NPDES limits have been demonstrated for
CONSENT DECREE 11
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
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1 twelve (12) consecutive months or April 1, 1994, whichever occurs
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FORM OBD 183
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earlier.
F. HENRY HABICHT II
Assistant Attorney General
Land and Natural Resources
Division
U.S. Department of Justice
Washington, D.C.
GENE S. ANDERSON
United States Attorney
JACKSON L. FOX
Assistant United States Attorney
KENNETH 0. EIKENBERRY
Attorney General
Olympia, Washington 98504
JEFFREY GOLTZ
Assistant Attorney General
Olympia, Washington 98504
CONSENT DECREE 12
(9209C)
THE UNITED STATES OF AMERICA
FOR THE STATE OF WASHINGTON
Environmental Protection Agency
THOMAS L. ADAMS, JR.
Assistant Administrator for
Enforcement and Compliance
Monitoring
Washington, D.C.
ROBIE G. RUSSELL
Regional Administrator, Region X
Seattle, Washington
JOHN HOHN
Asst. Regional Counsel, Region X
Seattle, Washington
ANDREA BEATTY RINIKER
Director, Department of Ecology
Olympia, Washington 98504
CHARLES LEAN
Assistant Attorney General
Olympia, Washington 98504
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970
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Mayor
DATED this day of
CONSENT DECREE 13
(olnoe.1
FOR THE CITY OF PORT ANGELES
CRAIG D ri(NUTSON
City Atto ney
1987.
UNITED STATES DISTRICT JUDGE
UNITED STATES ATTORNEY
3600 Seafirst Fifth Avenue Plaza
Seattle, WA 98104
(206) 442 -7970