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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. e: \user \6621\agree\newamend.wpw\sa 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 Page 2 of 2 T e: \user \6621 \agree \newamend.wpw \sa 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 e:\ user \6621\agree\newamend.wpw \sa 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 e: \u ser\6621 \agree\newamend.wpw \sa 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 e: \user \6621\agree\newamend.wpw \sa 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 e:\user\6621\agree\newamend.wpw\sa 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. e user \6621 \agree\newamend.wpw \sa 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 e: \user \6621\agree\newamend.wpw\sa 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 e:\ user \6621\agree\newamend.wpw \sa 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 e: \user \6621 \agree \newame nd.wpw\sa 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 e:\ user \6621\agree\newamend.wpw \sa 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 e: \user \6621\agree\newamend.wpw\sa 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 e /user /4597 /agree /cmeng 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 e /user /4597 /agree /cmeng 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 e /user /4597 /agree /cmeng 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 e /user /4597 /agree /cmeng 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 November 8, 1991 e /user /4597 /agree /cmeng 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 November 8, 1991 e /user /4597 /agree /cmeng 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. Agreement -Page 7 of 10 November 8, 1991 e /user /4597 /agree /cmeng 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. Agreement -Page 8 of 10 November 8, 1991 e /user /4597 /agree /cmeng 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. Agreement -Page 9 of 10 November 8, 1991 e /user /4597 /agree /cmeng 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 e /user /4597 /agree /cmeng 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 e /user /4597 /agree /cmeng 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 November 8, 1991 e /user /4597 /agree /cmeng 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 e /user /4597 /agree /cmeng 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 November 8, 1991 e /user /4597 /agree /cmeng 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 e /user /4597 /agree /cmeng 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 e /user /4597 /agree /cmeng 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 e /user /4597 /agree /cmeng 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 e /user /4597 /agree /cmeng 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 November 8, 1991 e /user /4597 /agree /cmeng 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 November 8, 1991 e /user /4597 /agree /cmeng 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 e /user /4597 /agree /cmeng 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 e /user /4597 /agree /cmeng 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 22 23 24 25 26 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 13 14 15 16 17 18 19 20 21 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 v1•R f1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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) 5 6 7 8 9 10 11 12 13 14 7) 15 16 17 18 19 20 21 22 23 24 25 26 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 -4- 1-- --4--f -f -f- 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 1 F 1 I 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. Page 1 of 9 June 2, 1989 804 \agree /June 2, 1989/11:38 AM /mlm that Project is as described in of Project," dated June 2, 1989. Owner and Engineer agree to shall be incorporated in this 1 1 1 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 Page 2 of 9 June 2, 1989 804 \agree /June 2, 1989/11:38 AM /mlm 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. I I I I I I I I I I I I 1 I I I 1 1 I 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. Page 3 of 9 June 2, 1989 804 \agree /June 2, 1989/11 :38 AM /mlm I I I I I I I I I I I I I I I I I I I 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 Page 4 of 9 June 2, 1989 804 \agree /June 2, 1989/11:38 AM /mlm 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 I I Page 5 of 9 June 2, 1989 804 \agree /June 2, 1989/11:38 AM /mlm 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 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 I I I I VII. INDEMNIFICATION VIII. INSURANCE Page 6 of 9 June 2, 1989 804 \agree /June 2, 1989/11:38 AM /mlm 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. I I I I I I I I I I I I I I I I I I I 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 Page 7 of 9 June 2, 1989 804 \agree /June 2, 1989/11:38 AM /mlm 1 1 1 1 1 1 1 1 1 1 1 1 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. Page 8 of 9 June 2, 1989 804 \agree /June 2, 1989/11:38 AM /mlm BROWN AND CALDWELL znofpowezpkr Printed name Wi A Title 4 /lin Date Page 9 of 9 June 2, 1989 804 \agree /June 2, 1989/11:38 AM /mlm 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. 1 /804 /portang /task /A- 1 /Apnl 13, 1989 /11:03 AM /cp 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. 1 /804 /portang /task /A- 1 /Apnl 13, 1989/9:44 AM /cp 1 1 1 1 1 A 1 1 1 1 1 1 1 Item 1 /804 /portang /task /A -2 /April 13, 1989/9:53 AM /cp 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 1 /804 /portang /task /A -2 /April 13, 1989/9:53 AM /cp 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 1 /804 /portang /task /A- 2 /Apnl 13, 1989/9:53 AM /cp 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 I I I I I I I I I 1 I I 1 1 1 1 1 1 1 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 1 1 1 5 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, I 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 I 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 1 3 4 1 25 matter; and II 26 rogm OBD 183 CONSENT DECREE 1 UNITED STATES ATTORNEY 3600 Seafirst Fifth Avenue Plaza Seattle, WA 98104 (206) 442 -7970 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FORM 013.0- F' F: 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 1 1 1 1 1 1 7 8 9 10 11 12 13 14 1 15 16 17 18 19 1 20 1 22 23 24 1 25 26 1 1 1 1 1 1 1 1 1 1 FORM OBD. i mar 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 1 1 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 I 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 1 1 1 1 1 1 1 1 1 1 1 1 1 19 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: 24 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 1 2 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. 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. 1 1 1 1 1 1 FORM OBD 15: \•4R 1 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 J 10 the terms of this Consent Decree. 11 XI t 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 111{( j n 1 2 3 4 5 6 7 8 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FORM OBD kR 1 3 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. 24 25 26 CONSENT DECREE 10 UNITED STATES ATTORNEY 3600 Seafirst Fifth Avenue Plaza Seattle, WA 98104 (206) 442 -7970 1 1 1 1 1 1 1 1 2 3 4 5 I 6 7 1 8 9 1 10 11 I 12 I 13 14 I 15 I 16 17 18 19 1 20 I 21 22 I 23 24 1 25 26 I(IN a ∎∎b'∎ 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 i ii 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 twelve (12) consecutive months or April 1, 1994, whichever occurs 2 3 4 5 Department of Justice 6 1 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I 22 23 24 25 26 FORM OBD 183 k all K 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 1 1 1 1 1 1 2 3 CHARLES D. WHIDDEN 4 5 6 1 7 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 FORM DBD•I83 m kR 6l 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