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Res 1356 - Agmt B&C WWTP Design COUNCil Bill NO. 1714 RESOLUTION NO. 1356 A RESOLUTION ENTERING INTO AN AGREEMENT WITH BROWN AND CALDWELL, INC., FOR PROFESSIONAL ENGINEERING CONSULTANT SERVICES RELATING TO DESIGN AND CONSTRUCTION OF THE WOODBURN WASTEWATER TREATMENT PLANT FACILITY AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT. WHEREAS, the City of Woodburn must comply with the Stipulated Final Order issued by the Oregon Department of Environmental Quality; upgrade and replace components of the existing city treatment plant nearing the end of its design life; and plan for expansion to accommodate the community's projected growth; and WHEREAS, in the interest of public involvement, the City Council appointed a Wastewater Advisory Committee to analyze the complexities of this process and to recommend the most suitable treatment alternative supported by an adequate rate structure; and WHEREAS, on the basis of the Wastewater Advisory Committee's recommendation, input from the public, and information from consultants and regulatory agencies, the City Council approved a final draft of the Woodburn Facilities Plan and it was forwarded to the Department of Environmental Quality in July 1995; and WHEREAS, in order to secure the best possible professional engineering services, appointment of a Consultant Selection Task Force, consisting of knowledgeable people in the technical and business fields, was made in September 1995; and WHEREAS, the Consultant Selection Task Force, after holding eight public meetings to review the technical and cost proposals, recommended the selection of Brown and Caldwell, Inc., for engineering design of proposed Woodburn treatment plant facility; and WHEREAS, a proposed Agreement for Consulting Services has been prepared and agreed to by Brown and Caldwell, Inc.,having been reviewed by the City Attorney (body of agreement) and Public Works staff (technical aspects and exhibits) and submitted to the City Council for consideration and execution; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: SECTION 1. That the City of Woodburn enter into an agreement with Brown and Caldwell, Inc., for professional engineering consulting services relating to design and construction of the Woodburn Wastewater Treatment Facility and that the Mayor be authorized to sign said agreement on behalf of the city. Page 1 - COUNCIL BILL NO. 1714 RESOLUTION NO. 1356 ~...,,~ !!l' ' -. SECTION 2. A copy of said agreement is attached hereto as Attachment "A" and is, by this reference, incorporated herein. Approved as to for~ ~ .5:- / b -7 b City Attorney Date APPROVED:', ,,~~--1ff ~ ~-t Nancy A. Kfrksey, Mayor Passed by the Council May 20, 1996 Submitted to the Mayor May 21, 1996 May 21, 1996 Approved by the Mayor Filed in the Office of the Recorder ATTEST: fY\ ~~ Mary~nant. C'itY Recorder City of Woodburn, Oregon May 21, 1996 Page 2 - COUNCIL BILL NO. 1714 RESOLUTION NO. 1356 -T If ATTACHMENT "A" Page 1 of 12 ATTACHMENT "A" Page 1 of 12 AGREEMENT FOR CONSULTING SERVICES BETWEEN CITY OF WOODBURN AND BROWN AND CALDWELL FOR WOODBURN WASTEWATER TREATMENT PLANT EXPANSION AND UPGRADE PREAMBLE THIS AGREEMENT is made and entered into on this ~ day of May , 1996, by and between City of Woodburn, hereinafter referred to as "Owner," and Brown and Caldwell, Inc., a California corporation, hereinafter referred to as "Consultant." RECITALS WHEREAS, Consultant has available and offers to provide personnel and facilities necessary to accomplish the work within the required time; WHEREAS, Owner desires to retain Consultant to perform the engineering work in the manner, at the time, and for the compensation set forth herein; NOW, THEREFORE, Owner and Consultant agree as follows: I. DESCRIPTION OF PROJECT Owner and Consultant agree the Project is as described in Exhibit A, entitled "Description of Project." If, during the course of Project, Owner and Consultant agree to changes in Project, such changes shall be incorporated in this Agreement by written amendment. II. SCOPE OF CONSULTANT SERVICES Consultant agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of Consultant shall not be construed to exceed those services specifically set forth herein. A. Planned Consultinl! Services Consultant agrees to perform those planned tasks described in Exhibit B, entitled II Scope of Work. II B. Special Consultinl! Services Owner and Consultant agree that not all work to be performed by Consultant 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 Agreement for Consulting Services Page 1 "T I ATTACHMENT" A" Page 2 of 12 classified as Special Consulting Services, and additional compensation for such special services, if authorized, shall be as specified in Exhibit C. Special Consulting Services include, but are not limited to: 1. Survey personnel and equipment required to prepare and furnish legal descriptions of easement, rights-of-way, and property required for the Project. 2. Providing technical information for permit application beyond review of Owner's draft permit, predesign activities, and contract documents preparation unless authorized by Owner. Providing additional permit application assistance beyond the stated hours in Exhibit A. 3. Redesign recommended by value engineering team and requested by the Owner. 4. Additional copies of contract documents over the number specified to be furnished . 5. Assistance with a formal bid protest beyond Owner resolution. 6. Evaluation and redesign of contract changes requested by Contractor or Owner after publication of contract documents to reduce construction costs. 7. Field layouts for construction except for verification. 8. Soils investigations, including test borings, related analyses and recommendations, as necessary for construction related questions regarding unforseen conditions. 9. Submittal review of Contractor's shoring and dewatering systems. 10. Detailed mill, shop, and laboratory inspection of materials and equipment other than as defined in Exhibit B. 11. Model test of equipment such as pumps, valves, and hydraulic structures. 12. Assistance to Owner for loan eligibility interface with regulatory agencies outside of stated hours in the scope. 13. Assistance with regulatory agency audits. 14. Appearance as expert witness. 15. Assistance to legal, financial, or other consultants engaged for the Project except for coordination with other consultants for the pumping station, force main, and poplar plantation. Agreement for Consulting Services Page 2 ~-r t - ATI ACHMENT "A" Page 3 of 12 16. Additions to the defined Project described in Exhibit A and scope of work included in Exhibit B. C. Liti~ation Assistance Unless specifically stated therein, the Scope of Services does not include assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by Owner. All such services required or requested of the Consultant by Owner or any third party (except claims between Owner and Consultant) will be reimbursed at Consultant's standard rates for litigation services. III. SCOPE OF Owner SERVICES A. Owner agrees to provide facilities and equipment and to perform the following services: 1. Provide necessary information to the Consultant as to the Owner's requirements for the Project. 2. Assist the Consultant by placing at its disposal all reasonably available information and technical data pertinent to the Project including previous reports and any other date relative to design and construction of the Project including operating data, soils reports, record drawings, and operation and maintenance manuals. 3. Furnish information related to plant site boundaries, as modified, plant property map and legal description, easements, and rights-of-way. 4. Provide necessary access and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform its services under this Agreement. 5. Acquire all the necessary land, easements and rights-of-way required for the Project. 6. Negotiate new discharge permit other than Consultant's view of Owner's draft permit, predesign activities, contract document preparation, and additional permit application assistance if authorized by Owner. 7. Publish notification of public meetings or information about treatment plant construction activities in local newspaper, if required. 8. Furnish to the Consultant, prior to any performance by the Consultant under the Agreement, a copy of any design and construction standards the Owner shall require the Consultant to follow in the preparation of the contract documents. Agreement for Consulting Services Page 3 --r-- IIr . T ATTACHMENT" A" Page 4 of 12 9. Perform bench tests for determination of nitrification and denitrification rates for use by the Consultant in sizing the aeration system. 10. Participate in design reviews and provide timely and complete review of draft documents prepar~ by the Consultant. 11. Advertise for proposals from bidders and place and pay for all costs incident thereto. 12. Participate in th~ bid opening and prepare bid tabulations. Present and recommend bid awards to city council. 13. Implementation of final resolution of bid disputes and protests based on Consultant recommendation. 14. Award contracts including receiving required contractor documents, issuing notice of award, executing the construction agreement, and issuing notice to proceed. 15. Obtain approvals and permits, not required in the contract documents to be provided by the Contractor, from all governmental authorities having jurisdiction over the Project, and such approvals and consents from others as may be necessary for completion of the Project as defined by the permit tracking process included in Exhibit B. 16. Operate the plant during construction. 17. Approve and pay progress payment requests based on Consultant's monthly status reports. 18. Maintain the Owner's project accounting system to collect and track project expenses. 19. Establish change order approval authority for resident inspector, Owner representative, and city council. Present change orders to city council if needed. 20. Resolve claims disputes as defined in the contract documents. 21. Perform required administrative activities and interface with DEQ to satisfy Owner responsibilities for the SRF loan that partially funds this project. 22. Prepare necessary financial statements and reports required by the SRF loan conditions. 23. Give prompt notice to the Consultant whenever the Owner observes or otherwise becomes aware of any significant defect or delay in the Project. Agreement for Consulting Services Page 4 'r--. I M' r ATIACHMENT "A" Page 5 of 12 24. Provide records for performance certification. IV. PROJECT MANAGEMENT The Consultant's Project Manager shall be Woodie Muirhead. The Owner's Project Manager shall be designated by the Public Works Director. The Project Managers shall be authorized to act on behalf of their respective employers concerning all matters related to this Agreement, except, however, that amendments to this Agreement shall be approved by the Woodburn City Council. The Consultant shall obtain the Public Works Director's approval prior to making any change in the Consultant's Project Manager designation. V. AMERICANS WITH DISABILmES ACT Any other provision of the Agreement not withstanding, unless otherwise specified in the Scope of Services, Consultant shall not be responsible for the Project's compliance with the Americans with Disabilities Act (ADA) 42 U.S.C. 12101 et seq. and the related regulations except to the extent Owner has specified areas to be accessed or used by the public or to the extent Owner has provided information regarding special use requirements or accommodations for Owner's employees. VI. AUTHORIZATION AND COMPLETION In signing this Agreement, Owner grants Consultant specific authorization to proceed with work specified in Exhibit B. The estimated time for completion of the detailed design activities is within 364 calendar days of the date Consultant receives authorization to proceed with the work from Owner. Consultant shall use its best efforts to perform the work within the estimated time. VII. COMPENSATION A. Amount For the services described in Exhibit B, Owner agrees to pay, and Consultant agrees to accept, compensation in accordance with Exhibit C. B. Payment As long as the Consultant has not defaulted under this Agreement, the Owner shall pay the Consultant within 30 days of the date of the Consultant's invoices for services performed and reimbursable expenses incurred under this Agreement. If the Owner has reason to question or contest any portion of any such invoice, amounts questioned or contested shall be identified and notice given to Consultant within 15 days of the date of the invoice. Any portion of any invoice not contested shall be deemed to be accepted and approved for payment and shall be paid to Consultant within 30 days of the date of the invoice. The Owner agrees to cooperate with Consultant in a mutual effort to resolve promptly any contested portions of Consultant's invoices. Agreement for Consulting Services Page 5 r-- If ~ T .-. ATTACHMENT" A" Page 6 of 12 In the event any uncontested portions of any invoice are not paid within 30 days of the date of Consultant's invoice, then interest on unpaid amounts shall accrue at a rate of 1.5 percent per month or the maximum interest rate permitted by law, whichever is less. Owner shall have the right to inspect Consultant's books and records, and any relevant books and records of a subconsultant, in order to verify the accuracy of Consultant's invoice. Said right of inspection shall extend to all documents necessary to permit adequate evaluation of Consultant's invoice. VIII. RESPONSIBILITY OF CONSULTANT A. Performance of Services The services performed by Consultant shall be performed with the same degree of care, skill, diligence, competency, and knowledge which is ordinarily exhibited and possessed by other professionals in good standing in the same or similar filed and community as Consultant. In performing these services, Consultant shall be an independent contractor and not a servant or employee of Owner. Owner shall have the right to verify that Consultant's performance meets the requirements of this contract but shall not have the right to control the manner of Consultant's or Consultant's subconsultants' performance. No provision of this agreement shall be construed to create a partnership, joint venture, employer-employee, landlord-tenant or principal-agent relationship. B. Consultant's Personnel at Construction Site The presence of Consultant's personnel at a construction site, whether as on-site representatives or otherwise, does not make Consultant responsible for those duties that belong to Owner and/or construction contractors or others, and do not relieve construction contractors or others of their obligations, duties, and responsibilities, including but not limited to construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The Contractor has responsibility for job-site safety. If Consultant identifies any non-compliance with safety requirements, then the appropriate officials will be notified immediately. C. Opinions of Cost. Financial Considerations. and Schedules In providing cost estimates, financial analyses, economic feasibility projections, and schedules for the Project, Consultant has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; time or quality of performance by third parties; or other economic and operational factors that may affect the ultimate Project cost or schedule. Therefore, Consultant makes no warranty that Owner's actual Project costs, Agreement for Consulting Services Page 6 _. .. -. ATTACHMENT" A" Page 7 of 12 financial aspects, economic feasibility or schedules will not vary from Consultant's estimates. If Owner requires Consultant to prepare quantity and material take-offs and/or cost estimates from plans and specifications that are less than fully complete, then Owner will hold Consultant harmless from any and all loss, liability, or claims resulting from such incompleteness. D. Subsurface Investillations In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, explorations, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur which could affect total Project cost and/or execution. These conditions and cost-execution effects are not the responsibility of Consultant. E. Record Drawinlls Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the Project was finally constructed. Consultant is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. IX. CONSTRUCTION MANAGEMENT SERVICES Consultant'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 any responsibility for the quality and adequacy of their work. Any resident engineering or inspection provided by Consultant is for the purpose of determining compliance with the technical provisions of Project specifications and does not constitute any form of guarantee or assurance with respect to the performance of the Contractor. Consultant does not assume responsibility for the means, methods, or appliances used by a contractor, for the safety of construction work, or for compliance by contractors with laws and regulations. X. WAIVER OF OTCA RIGHTS Consultant hereby waives all rights Consultant may have under the Oregon Tort Claims Act which arise as a result of an agency or alleged agency relationship between the parties. Agreement for Consulting Services Page 7 T II" - AITACHMENT "A" Page 8 of 12 XI. INDEMNITY /HOLD HARMLESS Consultant shall defend, indemnify and hold harmless Owner, Owner's officers, employees, agents, and representatives from and against all claims, demands, penalties, and causes of action of any kind or character, including the cost of negligence thereof, including attorney's fees, arising in favor of any person and arising out of the negligence or intentional misconduct or omissions of Consultant, Consultant's agents, employees, and subconsultants. XU. INSURANCE A. Consultant shall not commence work under this contract until Consultant has obtained all the insurance required by this Section of the Agreement and submitted a certificate of insurance to Owner; nor shall Consultant allow any subconsultant to commence work on any subcontract until this insurance has been obtained. Consultant shall maintain the insurance for the duration of this Agreement. Review of the insurance by Owner shall not relieve or decrease the liability of Consultant. B. Consultant shall maintain the following insurance for the duration of this Agreement: 1. Workers compensation insurance in the amount required by Oregon law, and employers liability insurance in the amount of $100,000. 2. Automobile liability insurance in the amount of $1,000,000 per occurrence, combined single limit; Owner shall be added as an additional insured; 3. Comprehensive or commercial general liability insurance in the amount of $1,000,000 per occurrence, combined single limit; Owner shall be added as an additional insured; 4. Professional liability insurance in the amount of $5,000,000 per occurrence. C. Consultant shall provide Owner with certificates of insurance annually. These certificates shall provide for thirty (30) days advance written notice to Owner prior to cancellation. XIII. SUSPENSION OF WORK A. Owner may suspend all or a portion of the work if unforeseen circumstances beyond Owner's control make normal progress of the work impossible. Consultant may request that the work be suspended by notifying Owner of circumstances that are interfering with the normal progress of the work. All such requests shall be subject to Owner's approval. Consultant may suspend work in the event Owner does not pay invoices when due unless Owner's nonpayment is due to a billing dispute. No suspension or request for a suspension shall be valid unless stated in writing. Agreement for Consulting Services Page 8 oopoo--. - A ITACHMENT "A" Page 9 of 12 XIV. TERMINATION A. Grounds for Termination This Agreement may be terminated (a) at Owner's convenience on 15 days written notice, or (b) for cause if either party materially breaches this Agreement through no fault of the other and does not cure such breach within 10 days after receiving notice thereof. B. In the event of termination, Consultant shall perform such additional work as is necessary for the orderly fIling of documents and closing of the project. The time spent on such work shall not exceed ten percent (10%) of the time spent on the project prior to the effective date of termination. Owner shall pay Consultant and for all work performed in accordance with the contract and all work necessary for fIling and closing as described in this section. XV. ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. this Agreement may not be assigned by Owner or consultant without prior written consent of the other. XVI. NO BENEFIT FOR THIRD PARTIES The services to be performed by Consultant are intended solely for the benefit of Owner, and no benefit is conferred on, nor contractual relationship established with any person or entity not a party to this Agreement. No such person or entity shall be entitled to rely on Consultant's performance of its services hereunder. No right to assert a claim against the Consultant, its officers, employees, agents, or consultants shall accrue to the construction contractor or to any subcontractor, supplier. manufacturer, lender, insurer, surety, or any other third party as a result of this Agreement or the performance or nonperformance of the Consultant's services hereunder. XVII. FORCE MAJEURE The Consultant shall not be responsible for delay caused by circumstances beyond its reasonable control, including but not limited to (1) strikes, lockouts, work slowdowns or stoppages, or accidents, (2) acts of God, (3) failure of Owner to furnish timely information or to approve or disapprove Consultant instruments of service promptly, and (4) faulty performance or nonperformance by Owner, Owner's independent consultants or contractors, or governmental agencies; nor shall consultant be responsible for delays occasioned by actions taken by Consultant which in the sole judgment of consultant are required by sound engineering practice. consultant shall not be liable for damages arising out of any such delay, nor shall the Consultant be deemed to be in default of this Agreement as a result thereof. Agreement for Consulting Services Page 9 'y- 'If III' T -, A'IT ACHMENT "A" Page 10 of 12 XVIII. COMPLIANCE WITH STATE AND FEDERAL LA WSIRULES A. Consultant shall comply with all applicable federal, state and local laws, rules and regulations. XIX. WORKERS COMPENSATION A. Consultant, Consultant's subcontractors, if any, and all employers working under this contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires them to provide workers' compensation coverage for all of their workers. (Ibis provision is required by ORS 279.320(2).) B. Consultant shall pay all contributions required to be made by Consultant to the Industrial Accident Fund. (Ibis provision is required by ORS 279.312(2).) XX. HEALTH CARE PAYMENTS A. Consultant shall pay when due all sums, including sums withheld from Consultant's employees' pay, which consultant has agreed to pay to health care providers for treatment rendered to Consultant's employees. (this provision is required by ORS 279.310(1).) XXI. HOURS OF LABOR A. No person employed pursuant to this contract shall be employed for more than eight hours in anyone day, or 40 hours in anyone week, except in cases of necessity, emergency, or where the public policy, as determined by Owner, absolutely requires it. Employees shall be compensated at the rate of time and a half for all overtime worked in excess of 40 hours in one week, except for individuals who are excluded from receiving overtime under ORS 653.010 to 653.261 or under 29 U.S.C. Sec. 201-209. (Ibis provision is required by ORS 279.316.) (NOTE: Persons who meet the tests for executive, administrative or professional status under these laws are exempt from payment of overtime wages.) XXII. PAYMENT FOR LABOR, MATERIAL OR SERVICES A. Consultant shall make payment when due to all persons supplying labor or material Consultant for the prosecution of work performed under this contract. (Ibis provision is required by ORS 279.312(1).) Agreement for Consulting Services Page 10 ..,...- III' !If 1 ATTACHMENT "A" Page 12 of 12 8A xxvm. NOTICES All notices required under this Agreement shall be delivered by facsimile, personal delivery, or mail and shall be addressed to the following persons: Me. Woodie Muirhead Brown and Caldwell 9620 S.W. Barbur Blvd. Suite 200 Portland, Oregon 97219 FAX No. (503) 244-9095 Me. Frank Tiwari Public Worb Director City of Woodburn 270 Montgomery St. Woodburn, Oregon 97071 FAX No. (503) 982-5244 Notice shall be effective upon delivery to the above addresses. Either party may notify the other that a new person has been designated by it to receive notices, or that the address or FAX number for the delivery of such notices has been changed, provided that, until such time as the other party receives such notice in the manner provided for herein, any notice addressed to the previously-designated person and/or delivered to the previously-designated address or FAX number shall be effective. XXIX. ATTORNEY FEES In the event either party commences a lawsuit or arbitration against the other, then the prevailing party shall, in addition to any other recovery, be entitled to recover its reasonable attorney fees and all other costs of litigation or arbitration. xxx. AUmORIZATION The persons executing this Agreement on behalf of the parties hereto represent and warrant that the parties have all legal authority and authorization necessary to enter into this Agreement, and that such persons have been duly authorized to execute this Agreement on their behalf. ::,OWN A~aP61 Name: TERRY C. GOULD Title: Date: smQ~~~ENT CITY OF WOODBURN By:.c'-~;;:;/;p-~~4 / Name: NANCY A. KIRKSEY Title: MAYOR D~: May 21, 1996 ~ 7 ~~- -7 ,/ Attested By: Jf!a'(f-;;::""":::s/' Name: MARY TENNANT Title: CITY RECORDER Date: May 21, 1996 Agreement for Consulting Services Page 12 .,-- _.-'~-_. --_.- . - .._-- ....__..~_. ..... ,...-...-..,......- . EXHIBIT A DESCRIPTION OF PROJECf The Woodburn Wastewater Treatment Plant will be expanded and upgraded. The specific improvements to the plant will be developed during preparation of the predesign report as described in Task 1 of Exhibit B. For the purpose of defining the scope of work to be performed under this Agreement, the "Project" can be described as follows: 1. Improvements to the Mill Creek Pump Station and the force main to the treatment plant are currently underway under separate contracts with other consultants. Consultant will coordinate with the consultant(s) performing the pump station and forcemain improvements to match treatment plant capacity with projected flows from the Mill Creek Pump Station improvements. 2. Options for remodel of the existing headworks will be evaluated during predesign and will consider rotary and mechanical bar screening equipment and vortex and "teacup" grit removal equipment. Estimated design services are based on mechanical bar screens, rehabilitation of existing vortex grit removal system, and construction of a second vortex grit removal system of equal size. Modifications to the existing grit removal system will include modifications of the inlet, replacing the motor and paddle, and replacing the airlift pump with a centrifugal pump. The headworks will be an enclosed structure. The remodel will include reuse of the existing chemical addition system (alum and caustic) and addition of new chlorine chemical feed capabilities. Influent flow metering will be provided at the headworks. A headworks ventilation system and odor control system will be included, with the odor control system listed as an optional bid schedule item. 3. The existing secondary clarifiers will be evaluated for use as primary clarifiers to provide for comingling of primary and secondary effluent. This evaluation will consider primary treatment during wet weather for all influent flow regardless of infiltration/inflow reduction and provide redundancy for existing primary clarifiers. The use of the existing pre-aeration basin will also be considered. If feasible, design modifications to convert the existing secondary clarifiers to primary clarifiers will be made and included as an optional bid schedule item. Improvements will be made to the primary flow splitter structure to improve the split of flow between primary clarifiers. The drive mechanisms for the existing primary clarifiers, and the existing secondary clarifiers if used as primary clarifiers, will be replaced. Sludge pumping modifications to the existing secondary clarifiers will be made if they will be used as primary clarifiers. 4. A new activated sludge system will be designed with flexibility to operate with anaerobic and/or anoxic zones with mixed liquor recycle. Two basins are anticipated for present needs and will be designed for installation of a third basin in the future. Biological nutrient removal will be provided to meet current requirements for Exhibit A May 15, 1996 Page 1 of 4 -r--- . ,,___ _~_"_ .._______ ,__.."__,,_,_____~__._____,,.,_.__,,___~u. .,., ammonia removal and provide stable operation. The system will be designed to accommodate minor increases in selector size in the future to meet more stringent effluent requirements for nitrogen and phosphorus removal. A new or expanded blower building will be included. The existing rotating biological contactor (RBC) basins will be considered for selector basins as well as a location for new aeration basins. The RBC mechanical demolition will be included as an optional bid schedule item. 5. New secondary clarifiers with flocculator centerwells, sidewater depths of greater than 18 feet, rapid sludge withdrawal, and in-board launders with a weir cleaning system will be designed. Two clarifiers are anticipated for present needs. Provisions for flow splitting will be made and will consider piping to an additional clarifier in the future. The design will include return activated sludge (RAS) wet-pit pumps at the location of each secondary clarifier, and waste activated sludge rw AS) removal capability that can waste from the RAS header and from the mixed liquor suspended solids (MLSS). 6. Options for futers will be evaluated during predesign. It is anticipated that new, conventional, deep-bed, mixed media futers with backwash and air scour systems will be designed for the average dry weather flow. Chemical injection equipment will be provided for addition of coagulation/flocculation chemicals. 7. A medium pressure ultraviolet (UV) disinfection system will be installed in either an existing or new concrete structure to disinfect the effluent A sodium hypochlorite system will be provided for headworks odor control, filamentous control of the RAS, disinfection of plant water, filter bio-growth control, and poplar plantation irrigation water. 8. Emergency power for the UV disinfection system and for the entire plant will be evaluated during predesign. The cost-effectiveness of cogeneration will also be determined. Design services are based on providing emergency power for UV disinfection. The emergency generator will be installed in either an existing or new building. 9. An effluent aeration structure will be designed to increase the dissolved oxygen content of the effluent by entraining air. Effluent flow measurement will be provided and will be used to flow pace the UV disinfection system. The outfall that is currently used and an older outfall will be evaluated during predesign for conveying effluent to the Pudding River. A new outfall and diffuser will be designed if the older outfalls do not have adequate capacity or effluent rerouting is required due to filtration and UV disinfection. A gauging station for measuring Pudding River flows will be designed. 10. Consultant will coordinate with the consultant retained by Owner to design the poplar plantation, and will provide information pertinent to the design improvements of the Woodburn Wastewater Treatment Plant, such as the hydraulic grade line, for use by Exhibit A May 15, 1996 Page 2 of 4 .,....... ~ ,.,,.. _..~....."_...... - ........, .., ...._--...,~,.....- ,,. ..,-- ~..,..._--- the poplar plantation consultant. The existing emergency storage basin will be evaluated for expansion to accommodate effluent flow when discharge cannot occur and the poplar plantation cannot be irrigated. A pump station that returns water stored in the emergency storage basin to the treatment plant will be included. 11. Solids handling facilities will include a dissolved air flotation thickener (DAFT), gravity belt thickener, or centrifuge for WAS; an anaerobic digester; and an on-site facultative sludge lagoon with day tank and solids removal facilities. Improvements to the mixing and heating of the existing anaerobic digester will be evaluated. The design will include a solids handling building and will consider requirements for installation of additional thickening equipment and increased lagoon size in the future. Use of existing structures for aerobic digestion of WAS will be evaluated in predesign. Predesign evaluations will include investigation of facilities for dewatering and drying of biosolids. An allowance of $188,000 has been included for design of biosolids dewatering facilities, if authorized by Owner. 12. A septage receiving station will be included in design and will be included as an optional bid schedule item. 13. A new administration building with an area of approximately 8,500 square feet will include offices, an NPDES laboratory, lockers, restrooms, a maintenance shop, a conference room/library, and a lunch room. A control room will be located in the remodeled administration building. Each of these buildings will be considered to be public facilities. 14. On-site generated stormwater will be treated on-site to comply with the plant's NPDES stormwater permit 15. A public information process will be conducted that will include fliers for public education, status reports that includes percent completion and how the public's money is spent, and City Council workshops. 16. Architectural enhancements will conform to the current requirements of the contract with McOaren School. 17. The Consultant will provide technical information for permit application as required for review of Owner's draft permit, predesign activities, and contract document preparation. Additional permit application assistance of up to 80 professional hours will be provided if authorized by the Owner. 18. The Consultant will include I/O lists and loop diagrams in the design drawings. On- line monitoring of process variables will be provided as determined appropriate by the Owner. Exhibit A May 15, 1996 Page 3 of 4 ..,...".~. 19. A non-potable water system will be designed to be suitable for the expanded plant. 20. Project design will include all site facilities and amenities including but not limited to storm drains, sewers, roads, parking lots, landscaping, and exterior lighting. 21. Project includes design of all pertinent electrical and controls. Exhibit A May 15, 1996 Page 4 of 4 ~.. ....-....~... r' EXHIBIT B SCOPE OF WORK The scope of work to be performed under this Agreement is set forth in this exhibit. These services cover: (1) Predesign and Facilities Plan Amendment, (2) Public Involvement, (3) Geotechnical Investigations, (4) Surveying, (5) Design, (6) Value Engineering, (7) Bid/Award, (8) Construction Management, and (9) Operations Services. These services are for expansion and upgrade of the Woodburn Wastewater Treatment Plant, as described in Exhibit A and hereinafter referred to as "Project." Task I-Predesign and Facilities Plan Amendment The first phase of the project will be to prepare a predesign report to confmn or modify the fmdings and recommendations regarding the preferred improvements. Particular emphasis will be given to providing a reliable and cost-effective wastewater system. The Owner and DEQ will participate in developing the predesign report by review of draft documents. The Consultant will also coordinate with other consultants performing pump station, force main, and poplar plantation work. The completed report will serve as a facilities plan amendment to fully satisfy the requirements of the state revolving fund (SRF) program. Task 1.1 Project Management. The first step will be to prepare a project management plan, (pMP) including a detailed schedule, task budgets, and deliverable products. The PMP will include information regarding the control measures that will be taken to ensure the quality of deliverable products. Project expenditures will be monitored weekly, and the Owner will receive monthly status reports assessing project completion, budget expenditures, and schedule updates. Throughout the project, the Consultant will maintain frequent and open communication with the Owner's project management team, and will work closely to anticipate changes in project emphasis or needs. Task 1.2 Pre design Evaluations. A detailed investigation will be performed to define the specific improvements for upgrading the existing treatment plant Each process system will be evaluated for reliability and cost-effectiveness and opportunities for phasing the project will be studied. The liquid stream evaluations will include process modeling to determine optimum size of the secondary treatment system. The Consultant will instruct the Owner on how to determine nitrification and denitrification rates for use in sizing the aeration system. Solids stream evaluations will include additional alternative evaluations to defme the specific improvements to be constructed. Design criteria and cost estimates will be provided for the recommended facilities. Task 1.3 Predesign Report. The Consultant will prepare a draft predesign report that summarizes the results of the predesign evaluations. The report will include a site plan showing footprints of the major unit processes, hydraulic profile, process schematics, and Exhibit B May 15, 1996 Page 1 of 7 .,.... _~_o.<o ...........-_.._.."__. ..... ...." "...~.._......~_....__"..o,," 0 information about design standards to be used during detailed design. A cost estimate and project schedule will be provided. The Consultant will define a permit tracking process that will identify the permits required for construction of the treatment plant, the agencies responsible for applying for the permits, and the schedule for obtaining the permits. The permit tracking process will be used until permits are obtained. Task 1.4 Review Meetings. Three formal review meetings will be held during the preparation of the predesign report to obtain Owner's review comments. The key project issues will be discussed with DEQ. Task 1.5 Final Report and SRF Loan. The draft report will be revised based on review comments and a fmal predesign report in a format acceptable for DEQ will be submitted. This report will serve as a facilities plan amendment. The Consultant will provide up to 40 professional hours of assistance to prepare the SRF loan application for the Owner's submittal to DEQ. Task 2-Public Involvement Public involvement will include the following activities: Task 2.1 Scoping Interviews. The Consultant will broaden the range of stakeholders from the core group involved directly in the development of the facilities plan to include: county planning and public works staff, elected officials, and plant neighbors. Up to 12 individual interviews with members of the expanded group will be conducted to inform people of the results of the facilities planning process and the rationale for the conclusions, and to solicit their thoughts on the wastewater treatment program. Following these interviews, the Consultant will prepare a brief report and conduct a briefing with key representatives of the Owner. Task 2.2 Meetings and Public Information. The Consultant will meet with the city staff, planning commission, and city council to inform them of the preliminary results of the predesign report and solicit their input before fmal decisions are made. A public workshop will be held to present the predesign findings and recommendations to the general public and obtain their input. The Consultant will have subsequent meetings with the public to inform them of the progress of the Project. It is anticipated that there would be one meeting during design, two meetings during construction, one meeting during the commissioning period, and one meeting during performance certification. The Consultant will also prepare a quarterly newsletter to keep the public informed about the wastewater improvements. Task 2.3 Troubleshooting. The Consultant's public involvement specialists will be available as needed throughout the project to provide strategic advice and communicate or meet with key stakeholders. This effort will help to ensure that the necessary level of public and political support for the project is retained through completion. Exhibit B May 15, 1996 Page 2 of 7 ..... -'''.......~ ._",,-' ,-- . . , ~ ' Task 3-Geotechnical Investigations The following investigations will be performed to obtain the detailed geotechnical information needed for design and construction of structures. Task 3.1 Field Exploration. The Consultant will review existing geotechnical information and develop and implement a field exploration program. A total of ten borings with depths ranging from 15 to 30 feet will be collected and descriptive logs of the borings will be prepared. At least one boring will be performed at each major structure to be constructed. Standard split-spoon samples will be attempted at 2.5 to 5 -foot depth intervals in the boring and standard penetration testing will be performed to measure in-situ consistency and relative density. Observation wells will be installed in two of the borings to allow the monitoring of ground water with time. In addition to the borings, a minimum of four test pits with a maximum depth of ten feet will be excavated with a backhoe in the FSL area to further characterize the subsurface and ground water conditions and to obtain bulk samples for testing. Task 3.2 Laboratory Testing. The purpose of the laboratory testing will be to determine the engineering properties of the subsurface soils for foundation design, seismic hazards studies, and earthwork recommendations. Laboratory testing will include index tests, strength tests, and consolidation tests. The index tests are made so that correlations may be made to estimate engineering properties, such as strength and compressibility characteristics, from laboratory tests made for this and previous projects. The index properties on the samples retrieved from the borings and test pits will consist of visual classifications of each sample, natural water content determinations, a few Atterberg limits determinations, a few grain size determinations on representative applicable samples, and in-place densities determined from the Shelby tube samples. In addition to the index tests, one standard Proctor compaction test series (ASTM D 698) will be made to determine the moisture-dry density relationship of the soil for earthwork evaluation, four undrained triaxial tests (one for each major treatment unit), and one consolidation test will be made to measure strength and compressibility. Task 3.3 Report. The geotechnical investigations report will present the formal boring logs and a map showing the locations of previous and present explorations and projects. The report will also summarize the geology and anticipated subsurface soil, ground water conditions, and the results of the laboratory testing. Engineering, seismic, and construction aspects of the project will be considered in the report for the soil and groundwater conditions encountered and will include foundation design and post construction performance of the structures. Seismic hazards such as liquefaction potential, fault rupture, and shaking will be discussed. Construction aspects such as the stability of soils with respect to excavations, the need for shoring during construction, temporary control of ground water, and the suitability of using excavated solids as backtill will be discussed and recommendations will be made. Exhibit B May IS, 1996 Page 3 of 7 T>"" -.-.- -'-.,.-.. Task 4-Surveying Surveying will be required to provide information during design and construction as described below: Task 4.1 Design Services. The Consultant will establish a grid system for the treatment plant and identify locations of existing structures, exposed piping, topography, and elevations of key hydraulic control points at the treatment plant " Task 4.2 Construction Services. The site will be staked to show reference bench marks and base lines identified on the drawings. The contractor will be required to develop and make additional surveys needed for construction such as control lines, slope stakes, batter boards, stakes for pipe locations and other working points, lines, and elevations. The Consultant will check the horizontal and vertical location of treatment units during construction. Task 5-Design The detailed design activities will include the following: Task 5.1 Project Management. The PMP will be revised to include a detailed schedule, task budgets, and drawing list, as well as information regarding the control measures that will be taken to ensure the quality of the design. The Consultant will keep the Owner's project management team informed throughout the course of the design. Project expenditures will be reviewed weekly and monthly status reports assessing project completion to date, budget expenditures, and schedule updates will be provided. Task 5.2 Draft Plans and Specifications. Preliminary plans and specifications will show general, civil, process, mechanical, electrical, and instrumentation information necessary for the construction of the new facilities. These plans and specifications will be submitted to the city for review and comment Documents will also be delivered to DEQ for review, and submitted for detailed review at the 90 percent completion level. Task 5.3 Review Meetings. Formal project review meetings will be held with the city and DEQ at the 10 percent, 50 percent, and 90 percent completion levels. Key project team members will meet to review progress and comment on deliverables. Task 5.4 Quality Confirmation. Independent internal quality confrrmation reviews conducted during the project will include calculation checks, peer reviews, and cross-checking between disciplines throughout the project At the 90 percent completion level, a detailed review of the coordination between the disciplines and between the plans and specifications will be performed. A structural peer review will be performed to check calculations, and an electrical peer review will be performed to assure coordination between electrical design and equipment manufacturer responsibility. Exhibit B May 15, 1996 Page 4 of 7 '~ . "..."..-...-." ,,--....... 'u, f ' Task 5.5 Final Plans and Specifications. Final plans and specifications will be completed and 75 sets will be provided to the Owner. The advertisement for bids will be prepared. The contract documents will include bid schedules such that the Owner can select the items to be constructed in order to meet budget requirements. The Consultant will provide a final estimate of the construction cost. Task 6- Value Engineering A value engineering workshop will be held at the 10 and 50 percent levels of the detailed design task (Task 5) to ensure that cost savings measures have been fully developed prior to design implementation. Task 6.1 Workshop. The value engineering team will consist of the Consultant's project advisers and other individuals selected to provide representation from each discipline. The team will include a facilitator, process specialist, solids specialist, structural engineer, mechanical systems designer, electrical and instrumentation engineer, and operations specialist. Predesign and additional detailed design information will be provided to the team for review. The purpose of the workshop will be to review and discuss cost saving and reliability measures. Task 6.2 Response. Comments from the value engineering workshop will be assembled and reviewed by the design team. Responses will be prepared and discussed with the Owner. Task 7-Bid/Award The services during bid and award of the project will include the following: Task 7.1 Bid Period. Contract documents will be distributed and the plan holders list will be kept up to date. The Consultant will answer technical questions from prospective bidders and prepare appropriate addenda items regarding changes to the drawings and specifications. The Consultant will not review requests for substitution or alternate equipment during the bid period. Task 7 .2 Award. The Consultant will facilitate receiving and tabulating proposals, review the proposals, and provide a technical recommendation on award of contract. Task 8-Construction Management The services during construction are based on an 18 month construction period and will include the following: Exhibit B May 15, 1996 Page 5 of 7 ~M< - ...... . , , Task 8.1 Project Management. The Consultant will develop a standard document format for clarification requests, submittal review, progress payments, and change orders during the construction period. The Consultant will maintain regular communications with the Owner's project manager during the course of the construction. Project expenditures will be monitored weekly. Monthly status reports will be prepared to show information relating to project completion, budget expenditures, and schedule updates. Task 8.2 On-Site Inspection. The Consultant will provide resident construction management and inspection services. Duties will include maintaining records of construction activities and preparing monthly reports of construction progress. The Consultant will review and recommend monthly payments to the contractor. The Consultant's design leaders will visit the site periodically to review construction compliance for the various disciplines. Task 8.3 Special Testing and Inspections. The construction documents will require the Contractor to obtain an independent laboratory to perform soil, concrete, and asphalt tests. The Consultant will determine the location and timing of these tests and review the results to determine acceptance. The construction documents will also require the Contractor to perform certain tests of pipe materials to be installed at the plant site and to inform the Consultant prior to performing these tests. The Consultant will witness concrete pipe tests. Task 8.4 Project Meetings. The Consultant will hold weekly project meetings to facilitate communication among the construction team members during the 18 month construction period. Task 8.5 Submittals. The Consultant will review and approve submittal information including shop drawings, diagrams, illustrations, catalog data, schedules and samples, results of tests and inspections, and other data that the contractor is required to submit. Approximately 300 submittals are anticipated for a project of this magnitude. Task 8.6 Clarifications. The Consultant will respond to requests for interpretation of plans and specifications, and also review claims for extra compensation and requests for extension of time. Approximately 225 requests are anticipated for this project Task 8.7 Completion. Upon substantial completion of construction, the Consultant will prepare punch lists of remaining work to be completed. A certificate of completion will be submitted and the fmal payment request will be reviewed. Task 8.8 Record Drawings. Record drawings will be prepared that show the major changes made during construction. One set of reproducible record drawings and associated computer f1les will be delivered to the Owner. Exhibit B May 15, 1996 Page 6 of 7 ~' -~ ,""- .. ,,~.~"-^-,~..,""~,.,..........'" ..~-,.,...._,,' ,_.........._._~~~..-......~......=,.""'"' Task 8.9 PLC Programming. The Consultant will prepare programming for the PLCs included in the Project. Task 9-Operations Services The following operations services will be included: Task 9.1 Operations and Maintenance Manual. The Consultant's operations services staff will work with the Owner's staff to defme the need-to-know information, features, and format of the Operations and Maintenance (O&M) Manual. Text and graphics for the manual will be prepared and compiled in a computerized format as defined by the Owner. Task 9.2 Training. A training program on interpreting plans and specifications will be developed and will include vendor's training on specified pieces of equipment. Process training will supplement the vendor's training by providing a systems view of how individual pieces of equipment are integrated into the treatment process. The Consultant will provide a training material workbook that can be used by the Owner for training future staff. Task 9.3 Start-up and Commissioning. The Consultant will prepare a start-up plan that outlines the sequencing of commissioning, monitoring requirements, responsibilities, and schedule. On-site assistance will be provided during system start-up as needed to respond to any issues that arise. Task 9.4 Performance Certification. The Consultant will prepare a plan outlining the procedures that will be used to confirm the design criteria are met. The plan will also include information about the staffing needs for the treatment facilities. On-call assistance will be available during the one-year performance certification period. The Consultant will review data collected by the Owner and evaluate compliance with the design criteria. A report will be prepared that summarizes the performance of the facility for the Owner to submit to DEQ. Exhibit B May 15, 1996 Page 7 of 7 .,... ~,.,~_~n__..___~'___'__~____.'_ r ' EXHIBIT C COMPENSATION Compensation for services provided under Article II, "Scope of Engineering Services," shall be based on time-related charges plus direct expenses, as described below. Payment shall be as specified in Article VI of the Agreement I. TIME-RELATED CHARGES Time-related charges for Brown and Caldwell shall be the total hours worked on Project by each employee, multiplied by the employee's hourly salary rate, multiplied by a fringe benefit, overhead, and profit factor of 3.15. Tune-related charges for Reid-Crowther Partners, Ltd., of Vancouver, British Columbia, the major subcontractor on this project, shall be the total hours worked on Project by each employee, multiplied by the employee's hourly multiplied by fringe benefit, overhead, and profit factor of 2.85. Overhead includes general and administrative costs not directly allocable to individual projects. Profit includes state and federal income taxes, plus profit II. DIRECf EXPENSES Direct expenses are charges, other than those included in time-related charges above, incurred directly for Project Direct expenses include subcontracts and other expenses. The subcontracts that are anticipated for this project include: 1. Reid-Crowther for structural and activated sludge design. 2. McKeever-Morris for public involvement 3. Fujitani-Hilts for geotechnical. 4. DeHaas for surveying. All subcontracted services other than Reid-Crowther Partners, Ltd., shall be billed at cost. Other direct expenses incurred by Consultant and subcontractors shall be billed at cost. Direct expenses, except as specified below, shall be billed at standard billing rate. Direct expenses include, but are not limited to: 1. Services and equipment such as special accounting services, computer and elec- tronic data processing, field testing, and laboratory analysis. 2. Reproduction services including reproducing drawings, photocopying, printing, and binding. Exhibit C May 15, 1996 Page 1 of 2 ..,. ~._~ ~T--'" -.. "-~,, ..--...., ,-~-,,--,. , 1 3. Communication costs such as telephone, telecopy, telegraph, cable, express delivery, and postage. 4. Subcontracted services. 5. Living and traveling expenses of employees when away from their home office. An effort shall be made to minimize travel expenses by traveling coach class on airlines and reserving standard hotel rooms. 6. Automobile mileage at 30 cents per mile except for mileage for the resident inspector which will not be reimbursed. ID. LIMITATION OF COST AND TIME Consultant estimates that the cost for services described in Exhibit B shall not exceed $4,239,300, and that the time for completion of Project shall be as stated in the Agreement. Consultant shall use its best efforts to perform the work specified within the estimated cost and time. If Consultant believes the cost will exceed the estimate, Consultant shall notify Owner. The notification will include the revised cost estimate and/or the revised time for completion. Owner shall not be obligated to pay Consultant for costs incurred in excess of the estimate unless Owner agrees to do so. Consultant shall not be obligated to continue performance under this Agreement or otherwise incur costs in excess of the original estimate unless and until Owner agrees to increase the authorized cost. Exhibit C May 15, 1996 Page 2 of 2 .,....- -'-".,_."-~'~._~~-'