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AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES This Agreement for Professional Engineering Services (hereinafter referred to as "AGREEMENT") made and entered into this day of I , 2003, by and between the City of Moscow, Idaho, 206 East Third Street, Moscow, Ida , 843, a municipal corporation of the State of Idaho (hereinafter referred to as "OWNER"), and imLall Engineering, P.A., West 579 Hayden Avenue, Hayden, Idaho, 83835 (hereinafter referred to as "ENGINEERS"). W I T N E S S E TH: WHEREAS, OWNER wishes to determine whether, within the parameters established by OWNER, it is possible (described hereinbelow at Section I and hereinafter referred to as "THE PROJECT"); and WHEREAS, ENGINEERS agree to complete Scope of Work generally described hereinas collecting existing wastewater treatment plant discharge data, evaluating various effluent treatment devices for fecal coliform and nutrient removal capabilities, identifying a preferred alternative for OViNER consideration and preparing a final report capable of supporting future funding actions with State regulatory agencies and other financial institutions; NOW, THEREFORE, be it agreed that for and in consideration of the mutual covenants and promises between the parties hereto, that: ENGINEERS shall furnish all of the following engineering services for THE PROJECT as generally described by task and title in Scope of Work: SECTION 1: SCOPE OF WORK I.A. Collect and evaluate existing data; B. Holistic approach to filtration and inter-relationship with other process, including operations of BNR, disinfection, phosphorus removal, and compliance with current and proJected regulations; C. Nutrient removal criteria; 2. Preliminary filtration scheme identification; 3. Evaluate final candidates and select a preferred alternative; 4. Final PROJECT report and schedule. Complete task descriptions are provided in EXHIBIT A attached hereto. CffY shall provide ENGINEERS the following: I. 1977 Agreement for effluent reuse (University of Idaho) 2. Copy of water right #87-07026 3. Available water quality data from 1977 to present 4. Moscow wastewater preliminary and final design documents AGREEMENT FoR PROFESSIONAL SERVICES WASTE\-'/ AI'ER EFFLUENT REUSE PAGE! 01-5 2003-25 ---PAGE BREAK--- 5. University of Idaho hydraulic layout and operational system specifics 6. 1989 wastewater land application permit no. LA-000028 7. April 2002 wastewater land application permit no. LA-000028 preliminary technical report from Kimball Engineering 8. Property boundaries, site topography and other appropriate physical constraints. SECTION II: A. Independent Contractor The contracting parties warrant by their signature that no employer/employee relationship is established between ENGINEERS and OWNER by the terms of this Agreement. It is understood by the parties hereto that ENGINEERS are independent contractors and as such neither they nor their employees, if any, are employees of CITY for purposes of tax, retirement system, or social security (FICA) withholding. B. Fees and Conditions for ENGINEERING Services I. Payment for services is provided in accordance with the cost described in the following Section II. B. 2. 2. Maximum Costs Section I - The cost for ENGINEERING Services for THE PROJECT as described in Section I, Scope of Work, I through 4, is a not-to-exceed fee of forty-eight thousand, five hundred dollars ($48,500), with payment based on hourly rates provided in EXHIBIT B attached hereto. ENGINEERS and OWNER may mutually agree in writing to expand the SCOPE OF WORK applying hourly rates described in EXHIBIT B as the basis for compensation. Bills shall list the individual performing any work and a description of work performed. Bills shall be submitted on a basis to the City Engineer for approval and payment. Payment is due upon receipt of THE ENGINEER'S statement(s). 3. OWNER and ENGINEERS may mutually agree to re-allocate task funding and resources providing the not-to-exceed fee described in Section II. B. 2. is unchanged. SECTION III: A. Termination of Agreement This Agreement may be terminated by ENGINEERS upon thirty (30) days written notice, should OWNER fail to substantially perform in accordance with its terms through no fault of ENGINEERS. OWNER may terminate this Agreement upon thirty (30) days written notice without cause and without further liability to ENGINEERS except as designated by this Section. In the event of termination, ENGINEERS shall be paid for services performed to termination date, including direct expenses and including a percentage of the fixed fee based upon the work AGRLEMEl\T FOR PROFESSIONAL SERVICES \Vii.STEW r\TER EFFUJEl\T REUSE PAGE20F 5 ---PAGE BREAK--- completed. All working drawings shall become the property of, and shall be surrendered to, OWNER. B. Extent of Agreement This AGREEMENT may be amended only by written instrument signed by both parties hereto. C. Data of Record OWNER shall make available to ENGINEERS all technical data of record in OWNER's possession, including maps, surveys, water quality data and other information described in Section L, Scope of Work, to ENGINEERS supporting this work. D. Qualified Estimates of Cost The estimates of cost for THE PROJECT herein are to be prepared by ENGINEERS through exercise of their experience and judgment in applying presently available cost data; but it is recognized that ENGINEERS have no control over cost of labor and materials, or over competitive bidding procedures and market conditions so that they cannot warrant THE PROJECT construction costs will not vary from their cost estimates as a result of these described factors. Nothing in this paragraph shall serve to release or relieve ENGINEERS from exercising the skill, care, and professional judgment exercised by similarly situated professional engineers. E. Termination of THE PROJECT If any portion of THE PROJECT covered by this AGREEMENT shall be suspended, abated, abandoned or terminated, OWNER shall pay ENGINEERS for the services rendered to the date of such suspended, abated, abandoned or terminated work; the payment to be based, insofar as possible, on the amounts established in this AGREEMENT or, where the AGREEMENT cannot be applied, the payment shall be based upon a reasonable estimate as mutually agreed upon between the two parties as to the percentage of the work completed. F. The ENGINEERS Errors and Omissions Insurance In performance of professional services, ENGINEERS will use that degree of care and skill ordinarily exercised under similar circumstances by members of the engineering profession; and no other warranty, either expressed or implied, is made in connection with rendering ENGINEERS' services. Should ENGINEERS or any of ENGINEERS' agents or employees be found to have been negligent in the performance of professional services from which OWNER sustains damage, ENGINEERS have obtained Errors and Omissions Insurance in the amount of One Million Dollars ($1,000,000), and said insurance shall be held active for a two year (minimum) period from the date of completion of THE PROJECT. OWNER shall receive notice of any pending termination of said insurance within five days of first notice to ENGINEERS. G. The ENGINEERS Additional Insurance ENGINEERS shall maintain Automobile Insurance and Statutory Workmen's Compensation Insurance coverage, Employer's Liability, and Comprehensive General Liability Insurance coverage. The Comprehensive General Liability Insurance shall have a minimum limit of Five Hundred Thousand Dollars ($500,000) per claim and One Million Dollars ,000,000) aggregate, and ENGINEERS shall cause OWNER to be named as an additional insured under said policy. AGREEMENT fOR PROFESSIONAL SERVICES WASTEWATER EFFLUENT REUSE PAGE30F5 ---PAGE BREAK--- H. Indemnification ENGINEERS agree, to the fullest extent permitted by law, to indemnify and hold harmless OWNER against damages, liabilities and costs arising from the negligent acts of ENGINEERS in the performance of professional services under this AGREEMENT, to the extent that ENGINEERS are responsible for such damages, liabilities and costs on a comparative basis of fault and responsibility between ENGINEERS and OWNER. ENGINEERS shall not be obligated to indemnify OWNER for OWNER's sole negligence. I. Costs and Attorney Fees In the event either party incurs legal expenses to enforce the terms and conditions of this AGREEMENT, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. J. Jurisdiction and Venue It is agreed that this AGREEMENT shall be construed under and governed by the laws of the State ofldaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State of Idaho, in and for the County of Latah. K. Binding of Successors OWNER and ENGINEERS each bind themselves, their partners, successors, assigns and legal representatives to the other parties to this AGREEMENT and to the partner, successors, assigns and legal representatives of such other parties with respect to all covenants of this AGREEMENT. L. Modification and Assignability of AGREEMENT This AGREEMENT contains the entire agreement between the parties concerning THE PROJECT, and no statements, promises, or inducements made by either party, or agents of either party, are valid or binding unless contained herein. This AGREEMENT may not be enlarged, modified, or altered except upon written agreement signed by the parties hereto. ENGINEERS may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent and express authorization of OWNER. Any such subcontractor or assignee shall be bound by all of the terms and conditions of this AGREEMENT as if named specifically herein. M. OWNER'S Representatives OWNER shall designate a representative authorized to act in behalf of OWNER. The authorized representative shall examine the documents of the work as necessary, and shall render decisions related thereto in a timely manner so as to avoid unreasonable delays. N. Conflict oflnterest ENGINEERS covenant that they presently have no interest and will not acquire any interest, direct or indirect, in THE PROJECT which would conflict in any manner or degree with the performance of services hereunder. ENGINEERS further covenant that, in performing this AGREEMENT, they will employ no person who has any such interest. AGREEMENT FOR PROFESSIONAL SERVICES WASTEWATER EFFLUENT REU5 PAGE4 OF 5 ---PAGE BREAK--- 0. Ownership and Publication of Materials. All reports, information, data and other materials prepared by ENGINEERS pursuant to this AGREEMENT shall be the property of OWNER, which shall have the exclusive and unrestricted authority to release, publish, or otherwise use them, in whole or in part. All such materials developed under this AGREEMENT shall not be subject to copyright or patent in the United States or in any other country without the prior written approval and express authorization of OWNER. P. Non-discrimination. ENGINEERS shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideals, sex, age, marital status, physical or mental handicap, or national origin. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as of the date indicated above. ENGINEERS Kimball Engineers, P.A. DATED this day STATE OF IDAHO ) ) ss. COUNTY OF L.A:I:AH ) OWNER City of Moscow, Idaho A ST: ACKNOWLEDGMENT On this day of c , 2003, before me, a Notary Public in and for said State, appeared James M. Kimball, kno\I!Il to me to be the person named above and acknowledged that he executed the foregoing document as the duly authorized representative for Kimball Engineering, P.A C) L Notary the State of Idaho . Residing at /:J(r9F _ t!L., Ą.J! My commiSsion exp1res oNj /ąeJ t, o 7 I PAGE 50F5 ---PAGE BREAK--- LtH::I f t'LI:::HfL KIMBALL ENGINEERING EXHIBIT A CITY OF MOSCOW EFFLUENT FILTER STUDY SCOPE OF WORK Task Description 1A Collect and Evaluate Existing Data PAGE ll2 Consultant will obtain materials provided by Moscow and U ofi (Partners) and advise on other data needs. Consultant will obtain additional data as appropriate and as authorized by Partners. Consultant will evaluate data and advise Partners prior to filtration evaluation. Anticipated data needs will likely include the following: + 1977 Agreement for effluent reuse (Partners) + Review ofU of! water right #87-07026 + Available water quality data from 1977-current + preliminary and final design documents (layout and plant hydraulics) + discharge permit requirements + U of! current hydraulic layout and operational system specifics + 1989 Wastewater Land Application Permit No. LA-000028 + April2002 Wastewater Land Application Pennit No. LA-000028 Preliminary Technical Report, Kimball Engineering + Current Idaho regulation pertaining to land application of wastewater effluent + Property boundaries, site topography, filter location, and other appropriate physical constraints Partners anticipate providing all data listed above except current Idaho effluent reuse regulations and data already available to Consultant. Consultant Product(s}. Memorandum detailing data review results identifying data gaps and suggesting how the identified gaps will be closed. The memorandum will identitY planning level costs associated with additional data collection and suggest a time line for completion. t \fHl 'v1y r>nlj'lil\1(.:1\lNJ LLjl11b11 wpd Arnl 1. llH.P (I 0 O],;on; Page 1 of 4 ---PAGE BREAK--- B4/tlf/džUUJ 16:14 [PHONE REDACTED] KIMBALL ENGINEERING PAGE 03 MOSCOW EFFLUENT FILTER STUDY Scope of Work 1 B Holistic Approach to filtration and Interrelationship with Other Processes, Including Operation of BNR, Disinfection, Phosphorus Removal, and Compliance with Current and Projected Regulations Consultant will evaluate current regulations in relation to projected trends in regulation/public perception of effluent quality for reuse and for phosphorus reduction goals in relation to the potential for algae growth and dissolved oxygen compliance. Consultant will also evaluate constituents of concern in unrestricted reuse applications, including Giardia, and pharmaceutically-active compounds, commonly referred to as endocrine-disrupting chemicals (EDCs that include compounds such as testosterone, estrogen, and various antibiotics. Other aspects that will be evaluated include the following: + A discussion of the Consultant's knowledge on potential changes in regulations and public health concerns for water reuse + Impact of chemical addition for filtration on sludge dewatering, sludge disposal, and phosphorus release + Present projected criteria, including turbidity, total coliform, and other criteria such as log removal Giardia, and EDCs + Conclusions and recommended facilities will be submitted to the regulatory agencies and Partners. The evaluation of various effluent filter technologies that would meet the different criteria will also be provided for review and comment. + Phosphorus removal schemes in the context that limits even lower than 136 J.lg/1 may be required in the future, including various chemical coagulants and technologies and phosphorus removal schemes. + Pretreatment technology for aquifer recharge would be discussed in relation to the life cycle of the filtration equipment and compatibility with future add-ons such as revers osmosis if aquifer recharge is a consideration during the life of the filter system. Consultant Product(s). Briefing meeting with Partners and Technical Memorandum Summary of Findings. An overall decision tree will be provided listing all alternatives to be evaluated and interrelationship of phosphorus removal and reuse. 2 Preliminary Filtration Scheme Identification Using results from Tasks lA and IB, Consultant will advise Partners on the appropriateness of the following filtration schemes : { 'Hl1 My l '1\M-:il'< f -:IHh11 A '"Jhl Apti! 7.](10.Dž (1DŽ1 0\:oll>) Pege 2 of 4 ---PAGE BREAK--- t:ti:::H:i:L:t KIMBALL ENGINEERING PAGE 04 MOSCOW EFFLUENT FILTER STUDY Scope of Work + Conventional granular media filter systems that operate for a period until either head loss or turbidity exceed preset standards when the filter is shut down for backwashing. + Traveling mechanism granular media filter systems that are segmented into cells, usually I Y, to 2 feet long by the width of the filter. + Fabric filters that rotate through media-processed fluid. + Continuous backwash granular media filters that filter upwards through a media while the media is withdrawn from the bottom of the filter by an air lift pump. + media filters that use plastic media contained by mesh. + Membrane filters that use membranes with very small openings removing particles. + Specific attention will be afforded phosphorus removal for each scheme. + Provide an independent evaluation of an active filtration system developed by the U of I utilizing conventional continuous backwash granular media filtration. Consultant Product(s). Technical Memorandum evaluating appropriate chemical coagulation and filter schemes for plant hydraulics, flow optimization, current and future phosphorus compliance, impact on sludge process, projected standards for reuse, including coliform, turbidity, and pathogens. Consultant shall provide Partners with final screening criteria prior to applying the criteria to each filter scheme. A discussion of applicability for each system to phosphorus removal versus reuse will be provided. The Technical Memorandum shall provide an evaluation of each filter scheme with applied screening criteria, including effectiveness, operability, and preliminary costs, and shall identifY likely final candidates for review. 3 Evaluate Final Candidates and Select a Preferred Alternative Using results from Task 2, Consultant will develop final selection criteria for Partners. It is anticipated that the following supplemental considerations will be considered as decision-making tools prior to selecting a preferred alternative: + • flexibility to meet future treatment/reuse requirements annual operating expense ( '-I!Jlf M; ON fHA('TOM·)ǃ [ ,hll)q 1\ "'PNTR,\( f,M·.1CI L\h!hi1 "''Jhl ·\rtd-: :ZilO i j 0 H :s 0 ·ǡ t ā " Team Member Project Assignment 0 ! I 2 -g :0 w Kimball, MS/PE Project Manager • • • • • • • Esvelt, PhD/PE Process Engineer • • • • • • • • • • n'lrdes, MS/PE Project Engineer • • • • • • • • Loge, PhD/PE Standards/Regulations/Public Health Issues • • • • • Tchobanoglous, PhD/PE Filtration Technology/State-of-the-Art Review • • • • • • • • Moller, PhD Pilot Study/P removal • • WORK HOUR ESTIMATE Team 1\lembl'J' I .or, i:Q 0 - 0 0 0 i- " 0 0: " " 0: " i- i- i- i- i- i- Jim Kimball, MS/PE-Project Manager II 4 I 20 I 10 I 20 I 20 I 74 _ -l'in Gardes, MS/PE-Cost Estimate/Reuse II 81 10 I 20 I 35 I 20 I 93 Larry Esvelt, PhD/PE-Process II 8 I 40 I 35 I 30 I 20 I 133 Frauk Loge, PhDIPE-Emerging Technologies & Standards II I 25 I 5 I 10 I 5 I 45 Greg Moller, PhD-Pilot Study II I I 5 I I I 5 Ray Watkins, II I I I 10 I I 10 \\Betty2\PROPOSAL\Moscow Jan '03\Combined Assignments Work Hours Revised.wpd March 21,2003 (3:02pm) ---PAGE BREAK--- Revised 5128!03 MOSCOWIU OF I EFFLUENT FILTRATION STUDY EXPANDED SCOPE OF WORK BASED ON OUTCOME OF TASKS l A & lB As part of Task lB, the consultant team evaluated current regulations in relation to projected trends in regulation/public perception of effluent quality for reuse and for phosphorus reduction goals. At the briefing meeting for the Partners, conducted on May 15, 2003, several potential emerging contaminant issues regarding surface water effluent standards were presented to the Partners. The issue of primary concern, Nutrient Removal Criteria, was presented by Dr. Frank Loge. Excerpts tfom Dr. Loge's comments contained in Teclmical Memorandum No.2 are as follows: Nutrient Removal Criteria. The United States Environmental Protection Agency (EPA) recently published (January 2001) Water Quality Nutrient Criteria for effluent dominated surface waters (rivers, streams, and lakes) for fourteen ecoregions within the United States (_\yǥy_Ǡ,s:_:Qa.gm· ost/srandardsitrutrlem.html). The proposed criteria are intended to mitigate eutrophication as part of goals set forth in the Clean Water Act. The Criteria establish effluent limitations for phosphorus, nitrogen, turbidity, and a on an ecoregional basis. The City of Moscow is in Ecoregion 3 (as per Lisa Macchio in fhe Region 10 office, (206) 553-1834). The corresponding water quality nutrient criteria for rivers and streams Paradise Creek) are: Turbidity= 2.34 NTU; Total Phosphorus= 17 ug/L; Total Nitrogen= 0.38 mg/L; and a = 1.78 ug/L. The Criteria are intended to serve as a starting point for states and tribes in the development of more precise numeric regulatory levels. States and tribes may develop criteria using other scientifically defensible methods and appropriate water quality data. Hence, the values estabhshed for Ecoregion 3 will likely be adopted by the Idaho Environmental Quality (DEQ) in future revisions to the City of Moscow NPDES pennit, but the specific numerical values are dependent on DEQ's, and possibly Washington State Dept. of Ecology's (DOE's), assessment(s) of scientifically defensible data. As we understand Moscow's strategy for ultimate compliance with it's existing NPDES permit, it is to meet the phosphorus limit (0.136 mg/L, average with eft1uent filtration. As envisioned by the Parmers, fhis would serve fhe dual purpose of meeting the State of Idaho's tertiary treatment requirement needed for the U of I's wastewater reuse system. Temperature and dissolved oxygen are also a concern in the existing permit. The City is working actively in Washington's WRIA 34 (Palouse) group to determine what the natural conditions for temperature and dissolved oxygen should be for Paradise Creek. This may result in new, more appropriate temperature and dissolved oxygen standards for Paradise Creek that would reflect the seasonal highs experienced both at fhe WWTP and in Paradise Creek during the summer, and not require temperature reduction or excessive dissolved oxygen addition at the treatment plant. At this time, this approach seems a reasonable alternative to total diversion to land application during the irrigation season. and its associated cost. However, the proposed new Nutrient Removal Criteria may render this approach less attractive. We propose the following Tasks as part of an addendum to the cunent filtration feasibility study: I. It is our opinion fhat there is a reasonable probability that fhe EPA Nutrient Criteria will be incorporated into the NPDES permit within a 10-year planning period, therefore we will develop preliminary costs associated with the design and construction of treatment technologies to meet the new Nutrient Criteria and continue discharging into Paradise Creek or discontinue discharge into Paradise Creek and reuse the water in the capacity of either land application and/or groundwater recharge. As part of this analyses, treatment options will be explored in reference to the potential seasonal classification of Paradise Creek as an "Effluent Dominated Stream". Diversion may be year round, for the entire irrigation season or a part thereof. ---PAGE BREAK--- 2. Based on costs and other factors recommend a course of action to the City and present it to the Partners. This is a major decision point regarding the long-term discharge strategy for the Moscow wastewater plant. We estimate that it will take the following effort by the consultant team members to adequately run this issue to ground: Jim Kimball Larry Esvelt Frank Loge Kevin Gardes 15 hours 25 hours 5 hours 30 hours The proposed budget for fhis expanded work element is $8,500 A revised schedule is shO\\'ll below assuming it takes two weeks to present this new work element to the City Council and get approval of a contract addendum: Task !A Task 1B Task IC Task 2 Task 3 Task 4 Brief on data needs & Time line Technical Memorandum on projected standards & expectations of system Analysis of future Nutrient Removal Criteria (added) Preliminary filtration scheme identified Evaluate final candidates & select preferred alternative Final project report Completion Date May I (already complete) May!O (already complete) June 2 (projected start) June 26 July 18 July 31 ---PAGE BREAK--- OG/03/2003 14:48 20874G992G KlMJ:IALL I:_N\.:l.ll"lt..t.f":.l.l'IO ƻbreJ;20133 14:41 26877: '2 K l MSAL.L EN.; HUF ; Exhibit B MOSCOW EFFLVENT FILTEil T-Metff#Hr TltU Jamea M. Kimball, MSPE Project Kimball EnQh>coeTini Kevin Gerdes, MSPE Project Enau- Larry Es"'':lt, PhD, Pÿ Procosa E1181ntler Ell\'elt Envirot111ental Elll!lneering Frank l..oi!C, PbD, PE Consul!Ant Oeorae T<:hobooo&loua. PhD, PE C01111taul Ray Watkins Electri£:111 Arcte Eoailloetini Cltc!i Mt>ller Conaultaul HoiU'Iy lt•tn $125 $95 SltO SIOO $125 $85 $100 PAGE 01