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Res 1113 - CH2M Lcl Limts Calc COUNCIL BILL NO. 1377 RESOLUTION NO. 1113 A RESOLUTION ENTERING INTO A CONTRACT WITH CH2M-HILL ENGINEERING FOR LOCAL LIMITS CALCULATIONS. WHEREAS, the Woodburn City Council awarded a contract to CH2M Hill Engineering for $17,296.00 for Local Limits Calculations at the January 27, 1992 meeting; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor and City Recorder are hereby authorized to execute a contract with CH2M Hill Engineering for Local Limits Calculations on behalf of the City of Woodburn. en '7#.~ Approved as to form: ' ;. City Attorney Z/20 (7 L Date Passed by the Council APPROVED:~ ~A/)R.A ~ Fred .KYSer,~ February 24, 1992 Approved by the Mayor February 25, 1992 February 25, 1992 Submitted to the Mayor Filed in the Office of the Recorder February 25, 1992 ATTEST: 11 ~:=+- Mary ~nt, Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1377 RESOLUTION NO. 1113 LOCALLlM. CH2 ~ H III STANDARD AGREEMENT FOR PROFESSIONAL SERVICES CH2MHILLOFFICEADDRESS 2020 S.W. 4th Ave., Second Floor, Portland, OR 97201 PROJECT NAME Woodburn Local Limits Eval. City of Woodburn PROJECT NUMBER PDX33430.AO CLIENT 2815 Mo1alla Road Woodburn, OR 97071 ADDRESS CLIENT requests and authorizes CH2M HILL to perform the following services: SCOPE: See Scope of Work - Attachment A COMPENSATION by the CLIENT to CH2M HILL to be on the basis of Cost reimbursable basis of salary ""!'it at a multiplier of 2.2 plus direct expenses not to exceed a ( t=et=al of $17.200.00, withontc prior writctcf>n "pproval 'T'hp pxpp"h,ii level of effort and associated cost estimate is located in Attachment B. When compensation is on a cost-reimbursable basis. a service charge of 10 percent will be added to Direct Expenses. All sales. use. value added. business transfer. gross receipts. or other similar toxes will be added to CH2M HILL'S compen- sation when invoicing CLIENT. . OTHER TERMS The ENGINEER is not obliaated to incur costs that exceed the amount indicated, nor is the CLIENT obligated to pay beyond this amount. Services covered by this AGREEMENT will be performed in accordance with the PROVISiONS stated on the back of this form ond ony attachments or schedules. This AGREEMENT supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. Approved for CLIENT Accepted for CH2M HILL NORTHWEST, INC. By :f~:rfJ cd Xr/ By Manager Title Titie Date February 25, 1992 Date Of~r/92-- REV 10/90 fORM 124 PROVISIONS 1. Authorizotion to Proceed Execution ot this AGREEMENT by the CLIENT will be authorization tor CH2M Hill to proceed with the work, uniess otherwise provided for in this AGREEMENT. 2. Salary Costs CH2M Hill's Salory Costs, when the basis of compensa- tion, are the amount of wages or salaries poid CH2M Hill employees for work directly performed on CLIENT's Project pius a percentage applied to all such wages or salaries to cover all payroll-related taxes, payments, premiums. and benefits. 3. Per Diem Rates CH2M Hill's Per Diem Rates, when the basis of compen- sation, are those hourty or dally rates chorged for work performed on CLIENT's Project by CH2M Hill employees ot the indicated classifications, These rates are subject to annual colendar yeor odjustments ond include all allowances for salary, overheads. and fee, but do not include allowances for Direct Expenses. 4. Direct Expenses CH2M Hill's Direct Expenses. when part of the basis of compensation'. are those costs Incurred on or directiy for the CLIENT's Project, including, but not limited to, neces- sary tronsportation costs, including current rates for CH2M Hill vehicles; meois and lodging; laboratory tests and analyses; computer services; word processing services; telephone, prtnting. binding, and reproduction charges; all costs associated with outside consultants, subconsuitants, subcontractors. and other outside services and facilities; and other similar costs. Reimburse- ment for Direct Expenses will be on the bosis of actual charges when furnished by commercial sources and on the basis of current rates when fumished by CH2M HilL 5. Cost Opinions Any cost opinions or Project economic evaluations provided by CH2M Hill will be on a basis of experience ond judgment, but, since It hos no controi over morket conditions or bidding procedures. CH2M Hill cannot warrant that bids, ultimate construction cost. or Project economics will not vary from these opinions. 6. Standard of Care The standard of care opplicable to CH2M Hlll's services will be the degree of skill and diligence normally em- ployed by professional engineers or consultants perform- ing the some or similar services at the time CH2M Hill's services are performed, CH2M Hill will reperform any services not meeting this stondard without additional compensation. 7 . Termination This AGREEMENT may be terminated for convenience on 30 doys' written notice. or for cause, if either party fails substantially to pertorm through no fauit of the other and does not commence correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. On terminotion, CH2M Hill will be paid for oil outhorized work performed up to the termination date plus termination expenses. such as, but not limited to, reassignment of personnel. subcontroct termination costs, and related closeout costs. If no notice of terminotion is given, relotionships ond obligations created by this AGREEMENT. except Articles 9 through 14. wili be terminated upon completion of all applicoble requirements of this AGREEMENT, 8. Payment to CH2M Hill Monthiy invoices will be issued by CH2M Hill for 011 work performed under this AGREEMENT, Invoices are due and payoble on receipt. Interest at a rate of 1-1/2 percent -,-- . -- ----.,---------- per month, or that permitted by low if lesser, will be charged on 011 past-due amounts starting 30 days after date of invoice. Payments wili first be credited to interest (. and then to principal. In the event of a disputed or contested billing, only that portion so contested will be withheld from payment, and the undisputed portion will be paid. The CLIENT will exercise reasonableness In contesting any bill or portion thereof, No interest will accrue on any contested portion of the billing until mutually resolved. 9. Umitatlon of liability To the maximum extent permitted by law. CH2M Hill's liability for CLIENT's damages for any cause or combina- tion of causes wili, in the aggregate. not exceed the compensation received by CH2M Hill under this AGREE- MENT, This Provision takes precedence over any conftict- ing Provision of this AGREEMENT or any document incor- porated into It or referenced by It. 10. Severability and Survival If any of the provisions contoined in this AGREEMENT are held illegal, Invalid or unenforceable, the enforceability of the remaining provlslons shall not be impaired thereby. lImitotions of liability and Indemnities shall survive termina- tion of this AGREEMENT for any cause, 11. Asbestos or Hazardous Substances To the maximum extent permitted by low, the CLIENT will indemnify CH2M Hill from 011 claims, domoges, losses, and costs. including litigation expenses and attomey's fees. arising out of or relating to the presence, dischorge. release, or escape of hazardous substances, contami- nants. or asbestos on or from the Project, 12. Loon Monitoring Services ( When CH2M Hillis providing Project review and/or . construction monitoring services to lenders, the CLIENT (lender) will, to the maximum extent permitted by law, Indemnify CH2M HILL from 011 clolms, damages. losses, and expenses, Including litigation costs and attomey's fees, artslng out of or relating to CH2M Hill's Involvement or presence on or near the Project, CH2M Hillis not responsible for the duties and responsi- bilities that belong to the borrower(s), developer(s), construction contractor(s), designer(s), testing laboratory- (ies), full-time Inspector(s). or other portles ossoclated with the Project not In the employ of or a subcontractor to CH2M HilL. 13. Interpretation The limitations of liability ond indemnities will apply whether CH2M Hill's 1I0blllty ortses under breach of contract or worronty; tort. Including negligence; strict liability; statutory liability; or ony other cause of octlon, except for willful misconduct or gross negligence for limitations of liability sole negligence for indemnification. and shall apply to CH2M Hill's officers, affiliated corpora- tions. employees, and subcontractors, The law of the stote' of shall govern the volldlty of this AGREEMENT. its interpreta- tion and performance, and any other claims related to it. 14. No Third Party Beneficiaries This AGREEMENT gives no rtghts or benefits to anyone other than the CLIENT and CH2M Hill and has no third party beneficiaries. CH2M Hill services are defined solely by this AGREEMENT, \ and not by any other contract or AGREEMENT thot may " be associated with the Project. REV 10/90 FORM 124 Attachment A CITY OF WOODBURN SCOPE OF WORK LOCAL LIMITS EVALUATION The following tasks will be completed by the ENGINEER to evaluate existing local limits for the City of Woodburn. A technical memorandum (TM) will be prepared to report the findings of the evaluation. Task 1. Background Data Collection Section 1 of the TM will include the following background data: a. Name and phone number of the publicly owned treatment works (POlW) con- tact for limits development. b. Information related to the treatment plant operations and configuration, in- cluding a description of all processes used. c. Tabulation of POlW design and actual flows (influent, effluent, and sludge). d. Industrial source and background, including flows and concentrations of con- tributing constituents. e. The receiving stream flow (7QlO) and applicable mixing zone information. f. A description of the discharge method (i.e., the type of diffuser used, if any). g. Description of sludge treatment and disposal methods, including quantities (flows) to digestion and disposal. h. Description of sources and flows of hauled wastes, if any. Task 2. Data Collection The following data are required to perform local limits evaluation. Section 2 of the TM will include: a, A summary of applicable POlW influent, effluent, and sludge monitoring data for "pollutants of concern" (see Task 3), The data will be tabulated and will reflect current operational conditions. _.... "__.___._d____.._~~.~..-- City of Woodburn Scope of Work February 14, 1992 Page 2 b. Applicable industrial monitoring data in summary form. The summary will only include data collected using approved methods, c. Domestic and commercial monitoring data in summary form. Description of the sampling location will include "representativeness" of samples for all do- mestic and commercial discharges to the POlW. d. A description of background pollutant concentrations in the receiving stream currently available from outside sources. If any applicable historical in-stream sampling data are recovered (i.e., STORET), they will be included. e. A discussion of the data collection effort, including: . Sampling and analytical techniques Why and how the data were obtained The data's appropriateness Detection limits Consideration of analyses below detection limits . . . . f. Description of any literature or default data used, and reasons that actual data were omitted (if any). Task 3. Pollutants of Concern Section 3 of the TM will include a description of pollutants of concern, with the fol- lowing elements. a. The determination of "pollutants of concern," which include the following: Arsenic Cadmium Chromium Copper Cyanide Lead Mercury Nickel Silver Zinc BODs TSS Fats, Oil, and Grease pH Reasons for analyzing the nonconventional pollutants (e,g., ammonia, phos- phorus, chlorides, and sulfates) will be included. City of Woodburn Scope of Work February 14, 1992 Page 3 b. The need for numeric limits to implement each of the specific prohibitions of 40 CFR 403.5(b). Task 4. Environmental Criteria Section 4 of the TM will describe the following environmental criteria using the refer- encesprovided by the Department of Environmental Quality. a. National Pollutant Discharge Elimination System (NPDES) permit limits as a basis for local limits. b. Oregon Water Quality Standards as a basis for local limits. c. Sludge use and disposal practices as a basis for local limits. All applicable sludge criteria, including annual application rate, cumulative application rate, and "Grade I sludge" criteria will be evaluated. d. Unit process inhibition (for all applicable processes) as a basis for local limits. e. Worker health and safety criteria as a basis for local limits. f. All other applicable specific prohibitions [40 CFR 403.5(b)] as a basis for local limits. Task 5, Headworks Loading Calculations After the necessary data have been collected, head works loading calculations will be performed, Section 5 of the TM will include the following: a, Removal efficiency calculations will be provided. If literature removals are used, the reason(s) for this will be clearly described, b. The methodology used in PRELIM will be used to calculate allowable headworks loadings. All input and output forms will be provided. In addition, one sample calculation will be performed by hand to confmn the results, c. The method for determining the "industrial flow" for use in the local limits calculations will be described. (The industrial flow includes significant indus- City of Woodburn Scope of Work February 14, 1992 Page 4 trial users only, significant industrial users and a portion of the commercial users, or some other assumption.) d. A mass balance of predicted versus actual POTW flows and loadings will be performed. Predicted loadings will be based on flows and concentrations from pollutant sources (industries and domestic and commercial sources). Actual loadings will be based on POTW influent concentrations and flow. e. A masS balance of pollutant fate at the POTW will be completed, f. Where significant discrepancies are found in either of the mass balance analy- ses, the possible reasons will be provided. Task 6. Allocation of Maximum Allowable Loading (Final Limits) Headworks loadings will be allocated and local limits will be established. Section 6 of the TM will include: a. A description of the safety factor chosen. b. A description of the allocation methodology used. c. A description of how background loadings were established. This will include the types of commercial and industrial facilities considered as "background," and the reasons for their inclusion. d. If background loadings are significant (e.g., >50 percent of allowable loadings), a description of their source and possible control. Attachment B CITY OF WOODBURN LOCAL LIMITS EV ALUA TION COST ESTIMATE TASK ENl EN2 EN4 OFFICE TOTAL $54,65 $67.63 $75,06 $45 Background Information 8 4 $708 Data Collection 12 4 $926 Pollutants of Concern 4 16 2 $1,451 Environmental Criteria 16 2 $1,232 Headworks Loading Calculations 40 8 2 $2,877 Allocation of Maximum Allowable Loading 16 4 $1,382 Draft Technical Memorandum 20 5 8 $2,088 Final Technical Memorandum 8 4 8 $1,201 Project Management and Meetings 26 $1,758 Total Task Cost: $13,623 Expenses (15 percent) $2,044 Subtotal: $15,667 Contingency (10 percent) $1,567 Total: $17,234 .....,.---....-......- 1 .