HomeMy WebLinkAboutProfessional Services Agreement for the Wastewater Facilities PlanJ-U-B ENGINEERS, INC.
250 South Beechwood Avenue, Suite I • Boise, Idaho 83709 • Telephone (208) 376-7330
August 9, 1991
Mr. Jack Niemann
City of Meridian
33 East Idaho Street
Meridian, ID 83642
Dear Jack:
I am returning with this letter two signed originals and one copy of the Engineering
Agreement for the Facilities Plan. As you requested, we have numbered the pages and
included an attestation by J-U-B 's Corporate Secretary.
One original of the agreement should be sent to Mike Smith at the Division of Environmental
Quality. We have retained one original for our records.
Yours truly,
J-U-B ENGINEERS, Inc.
~~"v
George L. Wagner, P.E.
GLW/mep
Enclosure
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This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion
or modification.
STANDARD FORM OF AGREEMENT
BETWEEN
OV~iTNER A-ND ENGINEER
FOR
STUDY AND REPORT
PROFESSIONAL SERVICES
This is an Agreetltent made as of ~ ~~ , 19 91
between the c,ty of Mer,dian, da ounty, a o (OWNER)
and J-U-6 ENGINEERS, Inc. (ENGINEER).
OWNER employs ENGINEER to perform professional engineering services, to serve as OWNER's profes-
sional engineering representative and to provide professional engineering consultation and advice for a professional
fee (as set forth below) in connection with
preparation of an update to the Facilities Plan for the City of f4eridian
Wastewater Collection and Treatment Facilities
SECTION 1-BASIC SERVICES OF ENGINEER
1.1. After written authorization to proceed, ENGI-
NEER shall perform the following professional ser-
vices:
1.1.1. consult with OWNER to clarify and define
OWNER's requirements for the Assignment and review
available data;
1.1.2. advise OWNER as to the necessity of OWNER's
providing or obtaining from others special services and
data required in connection with the Assignment and
assist OWNER in obtaining such data and services:
1.1.3. provide analyses of OWNER's needs with eval-
uations and comparative studies of prospective solu-
tions;
1.1.4. prepare a Report of ENGINEER's findings and
recommendations and furnish five copies of the Report
and review it in person with OWNER.
(the "Assignment")
1.2. The duties and responsibilities of ENGINEER
described above are supplemented and amended as
indicated in paragraph 1 of Exhibit SR-A "Further
Description of Basic Services, Duties of Owner. Method
of Payment and Related Matters" which is attached to
and made a part of this Agreement.
SECTION 2-ADDITIONAL SERVICES
2.1. If authorized in writing by OWNER. Additional
Services related to the Assignment will be performed
by ENGINEER for an additional professional fee.
SECTION 3-OWNER'S RESPONSIBILITIES
OWNER shall do the following in a timely manner so
as not to delay the services of ENGINEER:
3.1. provide all criteria and full information as toOWN-
ER's requirements for the Assignment and designate
Page 1 of pages
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in writing a person with authority to act on OWNER's
behalf on all matters concerning the Assignment;
3.2. furnish to ENGINEER all existing studies, reports
and other available data pertinent to the Assignment,
obtain or authorize ENGINEER to obtain or provide
additional reports and data as required, and furnish to
ENGINEER services of others required for the- per-
formance of ENGINEER'S services hereunder, and
ENGINEER shall be entitled to use and rely upon all
such information and services provided by OWNER or
others in performing ENGINEER'S services under this
Agreement;
3.3. arrange for access to and make all provisions for
ENGINEER to enter upon public and private property
as required for ENGINEER to perform services here-
under;
3.4. perform such other functions as are indicated in
paragraph 2 of Exhibit SR-A "Further Description of
Basic Services, Duties of Owner, Method of Payment
and Related Matters"; and
3.5. bear all costs incident to compliance with the
requirements of this Section 3.
SECTION 4-PERIOD OF SERVICE
4.1. ENGINEER's Basic Services will be performed
and the Report submitted within the time period or by
the date stipulated in paragraph 3 of Exhibit SR-A
"Further Description of Basic Services, Duties of Owner,
Method of Payment and Related Matters."
4.2. ENGINEER'S Basic Services under this Agree-
ment will be considered complete at the earlier of (1)
the date when the Report is accepted by OWNER or
(2) thirty days after the date when the Report is sub-
mitted for final acceptance, plus in each case, if appli-
cable, such additional time as may be considered
reasonable for obtaining approval of governmental
authorities having jurisdiction to approve the Report.
4.3. ENGINEER'S Additional Services will be per-
formed and completed within the time period agreed to
in writing by the parties at the time such services are
authorized.
4.4. If any time period within or date by which any of
ENGINEER'S services are to be completed is exceeded
through no fault of ENGINEER, all rates, measures
and amounts of compensation and the time for com-
pletion of performance shall be subject to equitable
adjustment.
SECTION S-PAYMENTS TO ENGINEER
5.1. Methods of Payment for Services of ENGINEER.
5.1.1. For Basic Services. OWNER shall pay ENGI-
NEER for all Basic Services rendered under Section 1
(as amended and supplemented by Exhibit SR-A "Fur-
ther Description of Basic Services, Duties of Owner,
Method of Payment and Related Matters") as follows:
.1. A fixed fee of $
amount eq NGINEER's Djreet-I/a o-b r Costs
~~ times a factor of ~ or all Basic Ser-
:~ vices ren red-tfy principals an a ees engaged
~ ctly on the Assignment.
~° 132,803.98
° 5.1.1.1. On the basis of a $ lump
a
~ sum.
o .1. On the basis of (Direct Labor Costs) (S
.~ ary Cost 'mes a factor of or all
`Qa. Basic Services ered by principa employees
~ engaged directly on t ro'
o~
5.1.1.1. O basis set forth ' xhibit SR-A
O "Furt escription of Basic Services, ties of
ner, Method of Payment and Related Matte '
5.1.2. For Additional Services. OWNER shall pay
ENGINEER for all Additional Services rendered under
Section 2 on the basis agreed to in writing by the parties
at the time such services are authorized.
.Reimbursable Expenses. In addition to the
ments p ~ d for in paragraphs 5.1 5.1.2,
OWNER shall pay NEE tual costs (except
where specifically a rwise) of all Reim-
bursable ses incurred in connect[ 'th all Basic
tces and Additional Services.
5.2. ENGINEER shall submit monthly statements for
Basic and Additional Services rendered and for Reim-
bursable Expenses incurred. OWNER shall make prompt
monthly payments in response to ENGINEER'S monthly
statements.
5.3. ENGINEER's above charges are on the basis of
prompt payment of bills rendered and continuous prog-
ress of the work on the Assignment until submission
of the Report.
5.4. If OWNER fails to make any payment due ENGI-
NEER for services and expenses within thirty days
after receipt of ENGINEER'S statement therefor, the
amounts due ENGINEER will be increased at the rate
Page 2 of ~ pages
~.
of 1% per month from said thirtieth day, and in addition.
ENGINEER may, after giving seven days' written notice
to OWNER, suspend services under this Agreement
until ENGINEER has been paid in full all amounts due
for services, expenses and charges.
SECTION 6-COST CONTROL
6.1. OWNER's budgetary requirements and consid-
erations in respect of the Assignment are set forth in
paragraph 5 of Exhibit SR-A "Further Description of
Basic Services, Duties of Owner, Method of Payment
and Related Matters".
6.2. Opinions of probable construction cost, financial
evaluations, feasibility studies, economic analyses of
alternate solutions and utilitarian considerations of
opzrati~ns and maintenance costs prepared by ENGI-
NEER l:er;,under will be made on the basis of ENGI-
NEER's experience and qualifications and represent
ENGINEER's best judgment as an experienced and
qualified design professional. It is recognized, however,
that ENGINEER does not have control over the cost
of labor, material, equipment or services furnished by
others or over market conditions or contractors' meth-
ods of determining their prices, and that any utilitarian
evaluation of any facility to be constructed or work to
be performed on the basis of the Report must of neces-
sity be speculative until completion of its detailed design.
Accordingly, ENGINEER does not guarantee that pro-
posals, bids or actual costs will not vary from opinions,
evaluations or studies submitted by ENGINEER to
OWNER hereunder.
SECTION 7-GENERAL CONSIDERATIONS
7.1. All documents prepared or furnished by ENGI-
NEER (and ENGINEER's independent professional
associates and consultants) pursuant to this Agreement
are instruments of service and ENGINEER shall retain
an ownership and property interest therein. OWNER
may make and retain copies for information and ref-
erence; however, such documents are not intended or
represented to be suitable for reuse by OWNER or
others. Any reuse without written verification or adap-
tation by ENGINEER for the specific purpose intended
will be at OWNER's sole risk and without liability or
legal exposure to ENGINEER, or to ENGINEER'S
independent professional associates or consultants, and
OWNER shalt indemnify and hold harmless ENGI-
NEER and ENGINEER's independent professional
associates and consultants from all claims, damages,
losses and expenses including attorneys' fees arising
out of or resulting therefrom. Any such verification or
adaptation will entitle ENGINEER to further compen-
sation at rates to be agreed upon by OWNER and
ENGINEER.
7.2. The obligation to provide further services under
this Agreement may be terminated by either party upon
thirty days' written notice in the event of substantial
failure by the other party to perform in accordance with
the terms thereof through no fault of the terminating
party. In the event of any termination, ENGINEER
will be paid for all services rendered and reimbursable
expenses incurred to the date of termination and, in
addition, all reimbursable expenses directly attribut-
able to termination.
7.3.1. OWNER and ENGINEER each is hereby bound
and the partners, successors, executors, administrators
and legal representatives of OWNER and ENGINEER
(and to the extent permitted by paragraph 7.3.2 the
assigns of OWNER and ENGINEER) are hereby bound
to the other party to this Agreement and to the partners,
successors, executors, administrators and legal repre-
sentatives (and said assigns) of such other party, in
respect of all covenants, agreements and obligations of
this Agreement.
7.3.2. Neither OWNER nor ENGINEER shall assign,
sublet or transfer any rights under or interest in (includ-
ing, but without limitation, moneys that may become
due or moneys that are due) this Agreement without
the written consent of the other, except to the extent
that any assignment, subletting or transfer is mandated
by law or the effect of this limitation may be restricted
by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will
release or discharge the assignor from any duty or
responsibility under this Agreement. Nothing con-
tained inthis paragraph shall prevent ENGINEER from
employing such independent professional associates
and consultants as ENGINEER may deem appropriate
to assist in the performance of services hereunder.
7.4. Nothing under this Agreement shall be construed
to give any rights or benefits in this Agreement to any-
one other than OWNER and ENGINEER, and all duties
and responsibilities undertaken pursuant to this Agree-
mentwill befor the sole and exclusive benefit of OWNER
and ENGINEER and not for the benefit of anv other
party.
7.5. This Agreement (consisting of pages 1 to
inclusive) together with Exhibit SR-A constitute the
entire Agreement between OWNER and ENGINEER
and supersede all prior written or oral understandings.
This Agreement and said Exhibit SR-A may only be
amended, supplemented, modified or cancelled by a
duty executed written instrument.
Page 3 of ~ pages
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IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year
first above written.
OWNER ENGINEER
CITY OF MERIDIAN ADA COUNTY. IDAHO T-U-B ENGINEERS Inc.
~~
By; - i By: ~-,~--
Grant P. Kingsford George L. agner, P.E.
Title• MAYOR Title: Vice President
Page 4 of 4 pages
33 East Idaho 250 South Beachwood Avenue. Suite 1 _
Meridian Idaho 83642 Boise Idaho 83709
EXHIBIT SR-A TO AGREEMENT BETWEEN OWNER
AND ENGINEER FOR STUDY AND REPORT
PROFESSIONAL SERVICES DATED , 1991,
FOR USE WITH NO. 1910-19 (1 SS EDITION).
Further Description of Basic Services, Duties of Owner,
Method of Payment and Related Matters
This is an exhibit attached to and made a part of the Agreement dated g ,
1991, between the City of Meridian, Ada County, Idaho (OWNER) and J-U-B ENGINEERS,
Inc. (ENGINEER) for study and report professional services.
1. The Basic Services of ENGINEER as described in Section 1 of said Agreement are
amended and supplemented as follows:
I. ENVIRONMENTAL REVIEW
A. Prepare an Environmental Review for the Study Area. The Environmental
Review will be based on existing published literature and consultations with
appropriate State, Federal and local agencies. The scope of the Environmen-
tal Review will be limited to what is necessary in the opinion of the
ENGINEER to allow integration of environmental considerations outlined
below into the Facilities Plan.
(1) Historical and archaeological sites.
(2) Floodplains and wetlands.
(3) Agricultural lands.
(4) Wild and Scenic Rivers.
(5) Fish and wildlife protection.
(6) Threatened and endangered species.
(7) Air quality.
(8) Surface and groundwater quality.
(9) Well head protection.
(10) Drinking water.
II. WATER QUALITY MANAGEMENT PLANS
A. Review existing water quality management plans, State priority system and
priority list, and wasteload allocation/NPDES permit. Integrate the
requirements into the Facility Plan.
III. EXISTING CONDITIONS
A. Prepare a description of existing conditions as determined by the ENGINEER
in the Study Area based on published literature and consultation with
appropriate Federal, State and local agencies. The Study Area is as shown
on Figure 1 of this Exhibit SR-A. Those conditions to be described shall be
limited to:
(1) Surface and groundwater hydrology.
(2) Weather conditions, including precipitation, temperatures and prevailing
winds.
(3) Existing terrestrial and aquatic plants, animals and natural communities.
(4) Air quality and noise.
(5) Energy production and consumption.
(6) Land uses and development.
(7) Population.
(8) Socioeconomic conditions.
(9) Public facilities and services.
(10) Related Federal, State and other projects in planning area.
(11) Water quality and public health problems caused by inadequate
wastewater treatment and disposal practices.
B. Based on the descriptions prepared in Item III.A., prepare an existing land use
map depicting residential areas, commercial and industrial areas, agricultural,
forest, parks and recreational areas, and Federal and State lands.
Exhibit SR-A -Page Z
C. Based on the descriptions prepared by the ENGINEER in Item III.A., identify
environmentally sensitive features and areas to be protected. Prepare a map
locating known or acknowledged areas and features including floodplains,
wetlands, recreational areas, archaeological/historical sites, endangered
species, areas susceptible to erosion, prime agricultural lands, wild and scenic
rivers, etc.
D. Existing wastewater collection pipelines.
(1) Prepare a map depicting the location, size and invert elevations of
sewer lines larger than ten inches in diameter and pumping facilities in
the planning area, and define general service areas for lines larger than
ten inches in diameter. This map will be prepared as a layer on GGI's
base map.
(2) Determine existing infiltration and inflow (I/I) conditions in the service
area by analyzing flow records from 1990 at the treatment plant.
Calculate domestic flow and infiltration/inflow for the highest 14-day
average and compare to 120 gpcd, the "rule of thumb" for non-
excessive I/I.
(3) Review past and ongoing programs to reduce infiltration and inflow.
(4) Based on operational experience of the City and wastewater flow
measurements conducted at four locations in the collection system
during high and low groundwater periods, identify areas of the
collection system believed to contribute to excessive infiltration.
(5) Propose a sewer rehabilitation program to include:
a. Lowering of groundwater table in selected areas of the City; and
b. Replacement of old lines and service connections contributing to
infiltration.
(6) Evaluate whether it is cost-effective to remove or treat known quantities
of infiltration/inflow.
E. Utilize flow measurements collected to evaluate I/I, the existing land use map
and record drawings for the existing trunk sewer system to build and calibrate
a Hydra hydraulic model for the existing trunk sewer system. Estimate the
available capacity in existing trunk sewer lines.
F. Existing plant capacity and the capacity of each unit process will be predicted
given operational records.
Exhibit SR-A -Page 3
IV. FUTURE CONDITIONS
A. Prepare a map generally depicting land use to be used for sizing future trunk
sewer lines. This map will reflect what the ENGINEER projects in a very
general way will be the ultimate land use in the planning area.
B. Prepare 20-year population projections.
C. Prepare 20-year hydraulic flow and waste strength projections.
D. Prepare a schematic layout for extension of sewer service into developing
areas. This schematic layout will be prepared for main trunk lines.
E. Utilizing the Hydra model, identify existing major sewer lines which are
estimated to be overloaded at the projected ultimate land use.
F. Recommend a program for improvements to relieve overloaded trunk lines.
G. Prepare a recommended program for ongoing flow reduction and control of
future infiltration/inflow sources.
H. Project the five, ten, 15 and 20-year wastewater loads to the treatment plant
and project the year that the flow and wasteload will exceed the existing
treatment plant capabilities to meet the NPDES requirements, and determine
which unit processes and operations are limiting.
I. Provide an analysis of the following alternatives to meet immediate and long-
term regulatory requirements.
(1) Upgrading of each of the unit processes and operations as their capacity
is reached with similar parallel systems.
(2) Modifying or replacing the unit processes and operations with larger
units or different levels of technology. This would include examining
the conversion of the Activated Bio Filter (ABF) system to a roughing
filter using synthetic media followed by additional activated sludge
basins as opposed to the addition of another ABF system. It would also
include examining the replacement of the existing Automatic Backwash
Filters (ABW) with pressure filters or newer, more advanced ABW
filters as opposed to installing parallel filters. Each unit process will
be examined in relationship to ,the latest treatment plant technology
available and its applicability to the Meridian Wastewater Treatment
Plant.
(3) The addition of a second treatment facility, compatible with the future
collection system, with a discharge to the Boise River.
Exhibit SR-A -Page 4
(4) The addition of a separate industrial treatment plant to be owned by the
City in an identified industrial area.
(5) Specifically addressing sludge treatment and disposal as a separate
component to include: (a) addition of a digester for storage and
treatment; (b) utilization of belt press and/or centrifuge to dewater
digester feed and effluent sludges; (c) digester gas storage during low
heat demand periods; (d) identification of acceptable sites for dedicated
land application of sludge; (e) investigation of the use of a sludge
pipeline for application of sludge to the land; (f) recommendation of a
sludge management plan; and (g) determination of impact of recircula-
tion of digester supernatant or centrate return on the plant operation,
including nutrient balance.
(6) Investigate the use of a detailed pretreatment plan to prevent wastes
from entering the treatment plant which may cause the effluent to be
toxic or concentrate deleterious materials in the sludge which would
prevent the sludge from being applied to the land.
(7) Land treatment of wastewater, including:
a. Pretreatment;
b. Storage; and
c. Slow rate and/or high rate land treatment.
J. Each alternative will be evaluated and ranked by the following criteria:
(1) Environmental effects.
(2) Energy use.
(3) Present worth cost analysis.
a. Capital cost.
b. Operation and maintenance cost.
c. Salvage value.
(4) Reliability.
(5) Implementability.
(6) Public acceptance.
Exhibit SR-A -Page 5
(7) Impact on drinking water supply.
K. Prepare plan for implementation of selected treatment option including
phasing, funding options, impact on user fees, and WWTP staffing analysis.
L. Prepare plan for implementation of extension of the sewer system pipeline
network to service areas of proposed new development.
M. Assist City in implementation of public participation program to include:
(1) A public workshop to comment on treatment alternatives and trunk line
locations;
(2) Preparation of an executive summary for the study and publishing of
100 copies to be made available to the public prior to the public
hearing;
(3) Public hearing; and
(4) Preparation of responsiveness summary.
V. ENVIRONMENTAL INFORMATION DOCUMENT
A chapter of the Facilities Plan will be prepared which summarizes the environmen-
tal considerations associated with the project and how those considerations were
integrated into the facility planning process, anticipated development of the planning
area and evaluation of alternatives. The Environmental Information Document will
address the following topics:
A. General topography, geology and soils conditions in the planning area which
might be adversely affected by development of the proposed planning area or
implementation of a selected alternative.
B. Planning area climate as relates to feasibility of selected alternative including
possible creation of an air quality problem.
C. Population forecasts and an opinion =.~f whether or not they are excessive.
D. Economic and social impacts of the project including an opinion of
affordability of project, special benefits to certain landowners, and adverse
effect on land values.
E. Land use, including an analysis of whether projected growth and development
to be served by the project is compatible with local land use and community
plans, as well as the apparent compatibility of the recommended alternative
and project site with inhabited areas and adjacent land uses.
Exhibit SR-A -Page 6
F. One-hundred year floodplains.
G. Wetlands, including disruption of wetlands by the project or by other possible
development which will affect wetlands.
H. Wild and Scenic Rivers.
I. Cultural resources.
J. Flora and fauna including impact of project and development to be served by
project on endangered species, sensitive fish and wildlife habitat.
K. Recreation and open space.
L. Agricultural lands.
M. Air quality.
N. Water quality including direct and indirect impact of project and development
served by project on water quality, both surface and groundwater.
O. Public health.
P. Sludge management.
Q. Energy.
R. Land application including impacts on groundwater, air quality and risks
associated with application technique.
S. The presence of jurisdictional disputes or controversy over the project.
T. Public participation, including evidence of adequate public involvement.
U. Environmental laws.
V. Attend City Council meetings as required to update the Council un the
progress of the study. Prepare grant reimbursement requests, make report
submittal to funding agency, and respond to agency.
2. The time period for the performance of ENGINEER'S Basic Services, based on receiving
"notice to proceed" by July 31, 1991, is as follows:
A. Completion of Draft Report by April 30, 1992.
Exhibit SR-A -Page 7
B. Submittal of final draft of report to IDHW 30 days after public hearing and receipt
of Owner's comments.
C. Submittal of Final Report to the OWNER and IDHW reflecting IDHW's comments
and requirements within sixty (60) days of completion of IDHW review.
3. Terms used in describing the applicable method of payment for services rendered and
Reimbursable Expenses incurred by ENGINEER shall have the meanings indicated below:
N/A
4. The OWNER is aware of the risks, rewards, and benefits of the project and ENGINEER's
total fee for services. The risks are hereby allocated such that the OWNER agrees that, to the
fullest extent permitted by law, ENGINEER's total liability to the OWNER for all injuries,
claims, expenses, damages, or claims expenses arising out of this agreement from any cause,
shall not exceed fifty percent of the amount of ENGINEER's insurance covering such liability
for services rendered on this PROJECT or fees, whichever is greater, as of the date of this
Agreement. Such causes include but are not limited to ENGINEER'S negligence, errors,
omissions, strict liability, and breach of this Agreement.
APPROVED for ENGINEER:
By: C~
George .Wagner, P.E.
Vice President
APPROVED for OWNER:
By:
~ - ` ~ G c'
Grant P. Kingsford, M
Exhibit SR-A -Page 8
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