NC0083321_ONWASA Response to NOV-2020-PC-0240_20200619

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ONWASA
rr.: asa. �orr�
228 Georgetown Rd
Jacksonville, NC 23540
June 19, 2020
S. Daniel Smith, Director
Division of Water Resources, NCDEQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
RE: Notice of Violation
Tracking Number NOV-2020-PC-0240
Hubert Water Treatment Plant
NPDES Permit No. NCO083321
Onslow Water and Sewer Authority, Onslow County
Director Smith:
This letter is sent in response to the May 27, 2020 Notice of Violation (NOV) issued
by NCDEQ for Failure to Submit a Discharge Alternative Evaluation Report, as required
under the current NPDES permit for this facility.
While ONWASA does not dispute the findings of the NOV, we understand the
importance of and have made progress on completing this permit requirement. As of the
date of this letter, a task order contract has been negotiated with a professional
engineering consulting firm (W.K. Dickson & Company, Wilmington Office) who will
partner with an analytical laboratory (Shealy Consulting, LLC) to identify the likely
cause(s) of the Acute Toxicity Test failures. This information will then be used to
investigate feasible alternatives for wastewater disposal and to generate the required
report. A copy of the draft contract is attached.
Funding for this work is included in ONWASA's FY 2020-21 budget so that
execution of the contract and a notice to proceed can be issued immediately after July 1,
2020. We anticipate completion of all work and the report submitted within 120 days after
notice to proceed, in order to be compliant with the requirements of Section A.(3) of the
draft permit renewal now under consideration.
Thank you for your consideration of this supplemental information. As noted in the
NOV, we will keep Brianna Young of the DWR Compliance and Expedited Permitting
Branch advised regarding our progress on this report.

Page Two
June 16, 2020
Please feel free to contact me directly at [phone] or dmohr .onwasa.com
you have any additional questions.
Sincerely,
��M . ,A 4 1 I
David M. Mohr, P.E.
Chief Operations Officer
Onslow Water and Sewer Authority
Encl.
C: Jeff Hudson, Chief Executive Officer
James McDonnel, Treatment Facilities Administrator
Carter Hubard, PE, W.K. Dickson and Company

NORTH CAROLINA
ONSLOW COUNTY
AGREEMENT BETWEEN OWNER AND ENGINEER
THIS CONTRACT is made and entered into this the day of , 2020, by and
between the ONSLOW WATER AND SEWER AUTHORITY, a political subdivision of the State of
North Carolina, (hereinafter referred to as "OWNER") and WK DICKSON AND COMPANY,
INCORPORATED (hereinafter referred to as "ENGINEER"). This Agreement incorporates by
reference the Master Agreement for Consulting Services entered into by the Parties dated
January 11, 2016. The Master Agreement for Consulting Services is hereby amended and
supplemented as follows:
For the following Project: Providing Professional Engineering and related services necessary
for the Hubert Water Treatment Plant, Discharge Alternatives Evaluation Project.
Exhibit A - Scope of Services - Task Order No. 19, is attached to, hereby incorporated into,
and made part of this Contract by reference ("the Work"). Each reference to this Contract shall be
deemed to include all Exhibits. Any conflict between language in an Exhibit or Appendix and
language in the main body of this Contract shall be resolved in favor of the main body of this
Contract.
ARTICLE 1
ENGINEER'S RESPONSIBILITIES
1.1 ENGINEER'S SERVICES
1.1.1 The Engineer, Engineer's employees, and Engineer's consultants shall provide services
as set forth in Exhibit A - Scope of Services in accordance with Articles 2 and 3 of this
Agreement. Any Work initiated by Engineer prior to the execution of an Agreement for
Services will be at the Engineer's sole risk.
1.1.2 Engineer shall serve as Owner's prime professional for the Project and shall perform or
furnish professional engineering and related services in all phases of the Project to which
this Agreement applies.
1.1.3 Engineer shall exercise the normal and customary due diligence in the performance of the
Services as is exercised by a professional serving under similar circumstances. The staff
and subcontracted professionals engaged by the Engineer shall possess the experience,
knowledge, and character necessary to qualify them to perform the particular duties to
which they are assigned. The Engineer may employ such subconsultants as Engineer
deems necessary to assist in the performance or furnishing of the services upon approval
of such subconsultant by the Owner.
1.1.4 Engineer shall be responsible for the professional quality, technical accuracy, timely
completion, and appropriate coordination of all designs, drawings, specifications, reports,
and other services to be furnished under this Agreement. Owner approval of Engineer
Work shall not relieve the Engineer of responsibility for the technical adequacy of the
Work. The Engineer shall, without additional compensation, revise any materials prepared
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under this agreement if it is determined that the Engineer is responsible for any errors or
deficiencies.
1.1.5 The Engineer's services shall be performed as expeditiously as necessary for the orderly
progress of the Work. The schedule for the performance of the Engineer's services
included in the Scope of Services shall not, except for reasonable cause, be exceeded by
the Engineer.
1.1.6 Engineer and Owner acknowledge that the Scope of Services described for the Project
does not delineate every detail and minor Work task required to be performed by Engineer
to complete the Work authorized by the Scope of Service. If during the course of the
performance of the services authorized by this Agreement, Engineer determines that Work
should be performed to complete the Project which is in the Engineer's opinion outside
the level of effort originally anticipated, whether or not the project's Scope of Service
identifies the Work items, Engineer shall notify Owner's Project Manager in writing within
30 days and wait for Owner approval before proceeding with the Work. If Engineer
proceeds with said Work without notifying the Owner, said Work shall be deemed to be
within the original level of effort described in the individual Project's Scope of Service.
Notice to the Owner's Project Manager does not constitute authorization or approval by
Owner to perform the Work. The performance of Work by Engineer outside the originally
anticipated level of effort without prior written Owner approval is at the Engineer's sole
risk.
1.1.7 Upon mutual written agreement, the scope of services described in the Project's Scope of
Services may be modified upon negotiated additional scopes of services, compensation,
time of performance and other matters related to the project. If the Owner and Engineer
cannot contractually agree, Owner shall have the right to immediately terminate
negotiations at no cost to the Owner and to procure services from another source.
ARTICLE 2
SCOPE OF ENGINEER'S BASIC SERVICES
2.1 PRELIMINARY DESIGN PHASE
2.1.1 The Engineer shall provide an evaluation of the project scope, schedule and construction -
budget requirements, each in terms of the other, subject to the limitations set forth in
Subparagraph 4.2.1 and shall review with the Owner alternative approaches to design and
construction of the project.
2.1.2 Based on the mutually agreed -upon project scope, schedule and construction budget
requirements, the Engineer shall prepare, for approval by the Owner, Preliminary Design
Documents consisting of drawings and other documents illustrating the scale and
relationship of Project components.
2.1.3 The Engineer shall submit to the Owner a preliminary estimate of Construction Cost based
on current area, volume or other unit costs.
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2.2 FINAL DESIGN PHASE
2.2.1 Based on the approved Preliminary Design and any adjustments authorized by the Owner
in the project scope, schedule or construction budget, the Engineer shall prepare, for
approval by the Owner, Final Design Documents consisting of drawings and other
documents to fix and describe the size and character of the project as to structural,
mechanical and electrical systems, materials and such other elements as may be
appropriate.
2.2.2 The Engineer shall assist the Owner in connection with the Owner's responsibility for filing
documents required for the approval of governmental authorities having jurisdiction over
the Project.
2.2.3 The Engineer shall advise the Owner of any adjustments to the preliminary estimate of
Construction Cost.
2.3 CONSTRUCTION DOCUMENTS PHASE
2.3.1 Based on the approved Final Design and in the construction budget authorized by the
Owner, the Engineer shall prepare, for approval by the Owner, Construction Documents
consisting of Drawings and specifications detailing the requirements for the construction
of the Project.
2.3.2 The Engineer shall assist the Owner in the preparation of the necessary bidding and
contract documents and advise the Owner of any adjustments to previous preliminary
estimates of Construction Cost indicated by changes in requirements or general market
conditions.
2.3.3 The Engineer shall be responsible for and shall hold the Owner harmless for, any and all
claims or damages due to the negligence of the Engineer or his employees in the
preparation of the Construction Documents.
2.4 BIDDING OR NEGOTIATION PHASE
2.4.1 The Engineer, following the Owner's approval of the Construction Documents and of the
latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids
or negotiated proposals and assist in awarding and preparing contracts for construction
as set forth in Exhibit A- Scope of Services.
2.5 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT
2.5.1 The Engineer's responsibility to provide Engineering Services for the Construction Phase
under this Agreement commences with the award of the Contract for Construction and
terminates at the conclusion of the correction period described in the Contract for
Construction.
2.5.2 The Engineer shall provide administration of the Contract for Construction as set forth
below and in the associated General Conditions to the Contract which is incorporated
herein by reference.
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2.5.3 Duties, responsibilities and limitations of authority of the Engineer shall not be restricted,
modified or extended without the written agreement of the Owner and Engineer.
2.5.4 The Engineer shall be a representative of and shall advise and consult with the Owner
(1) during construction until final payment to the Contractor is due, (2) from time to time
during and at the conclusion of the correction period described in the Contract for
Construction. The Engineer shall have authority to act on behalf of the Owner only to the
extent provided in this Agreement unless otherwise modified by written instrument.
2.5.5 The Engineer shall visit the site at regular and frequent intervals appropriate to the stage
of construction to inspect the progress and quality of the Work completed and to determine
if the Work is being performed in a manner indicating that the Work, when completed, will
be in accordance with the Contract Documents. On the basis of on -site inspections as an
Engineer, the Engineer shall keep the Owner informed of the progress and quality of the
Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work.
2.5.6 The Engineer shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the Work since these are solely the
Contractor's responsibility under the Contract for Construction. The Engineer shall not be
responsible for the Contractor's schedules or failure to carry out the Work in accordance
with the Contract Documents unless the Engineer knows or should know of problems with
the Work and fails or neglects to take action with regard to those problems. The Engineer
shall not have control over or charge of acts or omissions of the Contractor,
Subcontractors, or their agents or employees, or of any other persons performing portions
of the Work.
2.5.7 The Engineer shall at all times have access to the Work wherever it is in preparation or
progress.
2.5.8 Except as may otherwise be provided in the Contract Documents or when direct
communications have been specially authorized, the Owner and Contractor shall
communicate through the Engineer. Communications by and with the Engineer's
consultants shall always be through the Engineer.
2.5.9 Based on the Engineer's inspections and evaluations of the Contractor's Applications for
Payment, the Engineer shall review and certify the amounts due to the Contractor.
2.5.10 The Engineer's certification for payment shall constitute a representation to the Owner,
based on the Engineer's inspections at the site as provided in Subparagraph 2.6.5 and on
the data comprising the Contractor's application for Payment, that the Work has
progressed to the point indicated and that the inspections of the construction, repairs, or
installations have been conducted with the degree of care and professional skill and
judgment ordinarily exercised by a member of his profession; and that to the best of his
knowledge and in the professional opinion of the Engineer, the Contractor has fulfilled the
obligations of such plans, specifications, and contract. The Engineer's certification for
payment shall be signed and sealed by the Engineer and presented to the Owner. The
foregoing representations are subject to an evaluation of the Work for conformance with
the Contract Documents upon Substantial Completion, to results of subsequent tests and
inspections, to minor deviations from the Contract Documents
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correctable prior to completion and to specific qualifications expressed by the Engineer.
The issuance of a Certificate for Payment shall further constitute a representation that the
Contractor is entitled to payment in the amount certified.
2.5.11 The Engineer shall have authority to reject Work which does not conform to the Contract
Documents. Whenever the Engineer considers it necessary or advisable for
implementation of the intent of the Contract Documents, the Engineer will have authority
to require additional inspection or testing of the Work in accordance with the provisions of
the Contract Documents, whether or not such Work is fabricated, installed or completed.
2.5.12 The Engineer shall review and approve or take other appropriate action upon Contractor's
submittals such as Shop Drawings, Product Data, and Samples. The Engineer's action
shall be taken with such reasonable promptness as to cause no delay in the Work or in
the construction of the Owner or of separate contractors while allowing sufficient time in
the Engineer's professional judgment to permit adequate review. Review of such
submittals is not conducted for the purpose of determining the accuracy and completeness
of other details such as dimensions and quantities or for substantiating instructions for
installation or performance of equipment or systems designed by the Contractor, all of
which remain the responsibility of the Contractor to the extent required by the Contract
Documents. The Engineer's review shall not constitute approval of safety precautions or
unless otherwise specifically stated by the Engineer, of construction means, methods,
techniques, sequences or procedures. The Engineer's approval of a specific item shall not
indicate approval of an assembly of which the item is a component. When professional
certification of performance characteristics of materials, systems or equipment is required
by the Contract Documents, the Engineer shall be entitled to rely upon such certification
to establish that the materials, systems or equipment will meet the performance criteria
required by the Contract Documents.
2.5.13 The Engineer shall prepare Change Orders and Field Orders, with supporting
documentation and data, for the Owner's approval and execution in accordance with the
Contract Documents, and may authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract Time which are not
inconsistent with the intent of the Contract Documents.
2.5.14 The Engineer shall conduct inspections to determine the date or dates of Substantial
Completion and the date of final completion, shall receive and forward to the Owner for
the Owner's review and records written warranties and related documents required by the
Contract Documents and assembled by the Contractor, and shall issue a final Certificate
for Payment upon compliance with the requirements of the Contract Documents.
2.5.15 The Engineer shall interpret and decide matters concerning the performance of the Owner
and Contractor under the requirements of the Contract Documents at the written request
of either the Owner or Contractor. The Engineer's response to such requests shall be
made with reasonable promptness and within any time limits agreed upon.
2.5.16 Interpretations and decisions of the Engineer shall be consistent with the intent of and
reasonably inferable from the Contract Documents and shall be in writing or in the form of
drawings. When making such interpretations and initial decisions, the Engineer shall
endeavor to secure faithful performance by both Owner and Contractor, and shall not
show partiality to either.
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2.5.17 The Engineer's decisions on matters relating to aesthetic effect shall be final if consistent
with the intent expressed in the Contract Documents and agreed to by the Owner.
2.5.18 The Engineer shall render written decisions within a reasonable time on all claims,
disputes or other matters in question between the Owner and Contractor relating to the
execution or progress of the Work as provided in the Contract Documents.
2.5.19 The Engineer's decisions on claims, disputes or other matters, including those in question
between the Owner and Contractor, except for those relating to aesthetic effect as
provided in Subparagraph 2.5.17, shall be subject to adjudication as provided in this
Agreement and in the Contract Documents.
2.6 CONSTRUCTION PHASE - RESIDENT PROJECT REPRESENTATIVE
(CONSTRUCTION OBSERVATION) DURING THE CONSTRUCTION CONTRACT
2.6.1 If more extensive representation at the site than is described in Subparagraph 2.1.5 is
required, the Engineer shall provide one or more Project Representatives to assist in
carrying out such additional on -site responsibilities as set forth in Exhibit A - Scope of
Services.
Project Representatives shall be selected, employed and directed by the Engineer, and
the Engineer shall be compensated therefor as agreed by the Owner and Engineer. The
duties, responsibilities, and limitations of authority of Project Representatives shall be as
agreed by the parties.
ARTICLE 3
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3 are not included as part of Basic Services unless
set forth in Exhibit A - Scope of Services. The services described in Paragraphs 3.2.1
through 3.2.14, in addition to any listed in Exhibit A- Scope of Services, shall only be
provided if authorized or confirmed in writing by the Owner after successful negotiation of
fees for the specified additional service.
3.2 ADDITIONAL SERVICES
3.2.1 Making revisions in Drawings, Specifications or other documents when such revisions are
required by the enactment or revision of codes, laws or regulations subsequent to the
preparation of such documents.
3.2.2 Providing consultation concerning replacement of Work damaged by fire or other cause
during construction, and furnishing services required in connection with the replacement
of such Work.
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3.2.3 Providing services made necessary by the default of the Contractor, by major defects or
deficiencies in the Work of the Contractor, or by the failure of performance of either the
Owner or Contractor under the Contract for Construction.
3.2.4 Providing services in connection with a legal proceeding except where the Engineer is a
party thereto.
3.2.5 Providing financial feasibility or other special studies.
3.2.6 Providing planning surveys, site evaluations or comparative studies of prospective sites.
3.2.7 Providing special surveys, environmental studies, and submissions required for approvals
of governmental authorities or others having jurisdiction over the project.
3.2.8 Providing services relative to future facilities, systems, and equipment.
3.2.9 Providing services to investigate existing conditions or facilities or to make measured
drawings thereof.
3.2.10 Providing coordination of construction performed by separate contractors or by the
Owner's own forces and coordination of services required in connection with construction
performed and equipment supplied by the Owner.
3.2.11 Providing detailed quantity surveys or inventories of material, equipment, and labor.
3.2.12 Providing analyses of owning and operating costs.
3.2.13 Making investigations, inventories of materials or equipment, or valuations and detailed
appraisals of existing facilities.
3.2.14 Providing assistance in the utilization of equipment or systems such as testing, adjusting
and balancing, preparation of operation and maintenance manuals, training personnel for
operation and maintenance, and consultation during operation.
ARTICLE 4
CONSTRUCTION COST
4.1 DEFINITION
4.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements
of the Project designed or specified by the Engineer. It is understood that the Engineer's
opinion of probable construction costs is based on assumed labor costs and approximate
quantities of material and equipment, and therefore is of a conditional character.
Therefore, Engineer cannot and does not guarantee the cost of Work to be performed by
others since market or bidding conditions can change at any time and changes in the
scope or quality of the project may affect estimates.
4.1.2 The Construction Cost shall include the cost at current market rates of labor and materials
furnished by the Owner and equipment designed, specified, selected or specially provided
for by the Engineer, plus a reasonable allowance for the Contractor's overhead and profit.
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In addition, a reasonable allowance for contingencies shall be included for market
conditions at the time of bidding and for changes in the Work during construction.
4.1.3 Construction Cost does not include the compensation of the Engineer and Engineer's
consultants, the costs of the land, rights -of -way, financing or other costs which are the
responsibility of the Owner as provided in Article 5.
4.2 RESPONSIBILITY FOR CONSTRUCTION COST
4.2.1 If the Bidding or Negotiation Phase has not commenced within 180 days after the Engineer
submits the Construction Documents to the Owner, any Project budget or fixed limit of
Construction Cost shall be adjusted to reflect changes in the general level of prices in the
construction industry between the date of submission of the Construction Documents to
the Owner and the date on which proposals are sought.
4.2.2 In the event that the construction bids exceed the construction cost estimate, as adjusted
pursuant to paragraph 2.3.2 above:
a. The following services shall be performed at no additional cost to the Owner:
All in -scope redesign/project modification services required to bring the
project construction cost back to within 110% or less of the construction
cost estimate without contingency. This does not include services
associated with a major change in project scope directed by the Owner.
Should such a major change occur in project scope, the lump sum fee shall
be renegotiated.
Services shall include assistance with re -bidding of the project as required
to bring its cost within the approved project budget; or
b. The Owner may decide to abandon the Project. Termination of the Project shall be
conducted in accordance with Paragraph 11.3.
ARTICLE 5
OWNER'S RESPONSIBILITIES
5.1 Owner shall provide Engineer with all criteria and full information as to Owner's
requirements for the Project, including design objectives and constraints, and any
budgetary limitations; and furnish copies of all design and construction standards which
Owner will require to be included in the Drawings and Specifications; and furnish copies
of Owner's standard forms, conditions and related documents for Engineer to include in
the Bidding Documents, when applicable.
5.2 The timely provision of all available information, data, reports, records, and maps to which
the Owner has access and which are needed by the Engineer for the performance of the
services.
5.3 Advise Engineer of the identity and scope of services of any independent consultants
employed by Owner to perform or furnish services in regard to the Project.
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5.4 Owner will provide access to and obtain permission for the Engineer to enter upon public
or private lands as necessary for the Engineer to perform surveys, observations or other
necessary functions.
5.5 Owner will respond within a reasonable time to the Engineer's requests for written
decisions or determinations pertaining to the subject of the Engineer's services so as not
to delay the performance of those services.
5.6 The Owner will give prompt written notice to the Engineer whenever the Owner becomes
aware of any event, occurrence, condition, or circumstance, which may substantially affect
the Engineer's performance of its services under this Agreement.
5.7 The Owner shall designate a representative authorized to act on the Owner's behalf with
respect to the Project. The Owner or such authorized representative shall render decisions
in a timely manner pertaining to documents submitted by the Engineer in order to avoid
unreasonable delay in the orderly and sequential progress of the Engineer's services.
5.8 The Owner shall furnish all legal, accounting and insurance counseling services as may
be necessary at any time for the Project, including auditing services the Owner may
require to verify the Contractor's Applications for payment or to ascertain how or for what
purposes the Contractor has used the money paid by or on behalf of the Owner.
5.9 Prompt notice shall be given by the Owner to the Engineer if the Owner becomes aware
of any fault or defect in the Project or nonconformance with the Contract Documents.
ARTICLE 6
BASIS OF COMPENSATION
6.1 Owner agrees to pay Engineer as compensation for performance of services as described
on the Basis of Compensation table included within the Scope of Services. The hourly
billing rates and reimbursable expenses for this agreement are set forth in Exhibit B to this
agreement and shall be used for maximum not -to -exceed compensation.
6.2 The total fee shall not be exceeded without the written approval of the Owner. Any
additional professional services related to but not within an individual scope of Work will
be performed by the Engineer upon prior written request of Owner and for an additional
professional fee as the Owner and Engineer may agree.
ARTICLE 7
USE OF DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS
7.1 The Drawings, Specifications, and other documents prepared by the Engineer for this
Project are for use solely with respect to this Project. The Owner shall be the owner of
these documents and shall have all common law, statutory and other reserved rights,
including the copyright. The use by the Owner or others on other projects of the Engineer's
Drawings, Specifications or other documents shall void any and all warranties by the
Engineer for such use, and the Engineer shall have no liability for such use, except by
agreement in writing by the Engineer.
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7.2 Submission or distribution of documents to meet official regulatory requirements or for
similar purposes in connection with the project is not to be construed as publication in
derogation of the Owner's reserved rights.
ARTICLE 8
INSURANCE
8.1 During the performance of the Services under this Agreement, Engineer shall maintain the
minimum levels of insurance shown below and is responsible for ensuring original
certificates of such coverage are submitted to Owner directly from the insurance provider
prior to the performance. Policies shall list Owner as additional insured on all applicable
policies. All policies shall be obtained from insurance companies that are duly licensed in
the State of North Carolina to issue insurance policies for the limits and coverages so
required, must cover the term of the contract, and provide thirty (30) days advance written
notice to Owner in the event of cancellation, expiration, or alteration.
General Liability Insurance, with a combined single limit of $1,000,000 for each
occurrence and $2,000,000 in the aggregate or as otherwise specified in the
addendum, whichever is greater.
2. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each
person and $1,000,000 for each accident.
3. Workers' Compensation Insurance in accordance with statutory requirements and
Employers' Liability Insurance, with a limit of $500,000 for each occurrence.
4. Professional Liability/Errors & Omissions Insurance, with a limit of $1,000,000 per
occurrence/$1,000,000 annual aggregate.
8.2 The provisions of this Article shall survive the expiration or termination of this Agreement.
ARTICLE 9
PAYMENTS TO THE ENGINEER
9.1 DIRECT PERSONNEL EXPENSE
9.1.1 Direct Personnel Expense is defined as
engaged on the Project and the portion
contributions and benefits, insurance,
similar contributions and benefits.
9.2 REIMBURSABLE EXPENSES
the direct salaries of the Engineer's personnel
of the cost of their mandatory and customary
ick leave, holidays, vacations, pensions, and
9.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services
and include expenses incurred by the Engineer and Engineer's employees and
consultants in the interest of the Project, as identified in the following Clauses.
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a. Long-distance communications; and fees paid for securing approval of authorities
having jurisdiction over the Project.
b. The expense of reproductions, postage, and handling of Drawings, Specifications,
and other documents.
C. If authorized in advance by the Owner, expense of overtime hours requiring higher
than regular rates.
d. The expense of renderings, models, and mock-ups requested by the Owner.
e. The expense of additional insurance coverage or limits, including professional
liability insurance, requested by the Owner in excess of that normally carried by
the Engineer and Engineer's consultants.
9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES
Payments for Basic Services shall be made and, where applicable, shall be in proportion
to services performed within each phase of service.
Engineer shall separately invoice for services rendered each month for each Individual
project. Each project invoice shall reflect the percentage of Work completed for the billing
period and completed to date, a detailed breakdown of hours worked, hourly billing rates
by each individual, and the expenses and description attributable to each task of the
project during the period. A supplemental invoice "report" shall be submitted with each
invoice describing the effort performed during the billing period in support of the amount
billed.
9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES
Payments on account of the Engineer's Additional Services and for Reimbursable
Expenses shall be made monthly upon presentation of the Engineer's statement of
services rendered or expenses incurred. The total fee shall not be exceeded without the
written approval of the Owner. Any additional professional services related to but not within
an individual scope of Work will be performed by the Engineer upon prior written request
of Owner and for an additional professional fee as the Owner and Engineer may agree.
9.5 PAYMENTS WITHHELD
9.5.1 In the event of a disputed or contested invoice, only that portion so contested will be
withheld from payment, and the undisputed portion will be paid. Service charges and/or
interest will not be accrued to any outstanding or overdue amounts.
9.5.2 No deductions shall be made from the
withheld from payments to contractors.
9.6 ENGINEER'S ACCOUNTING RECORDS
Engineer's compensation on account of sums
Engineer shall maintain all records, documents, notes, and financial information related to
the performance of Work in accordance with generally accepted accounting principles and
practices and require any and all subcontracted professionals to keep records and
accounts as may be necessary in order to record complete and correct entries as to
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personnel hours charged to each individual project and any expenses for which Engineer
expects to be reimbursed. All books and records relative to individual projects shall be
available at no cost to Owner and at all reasonable times for examination and audit by
Owner and shall be kept for a period of three (3) years after completion of all Work
pursuant to this Agreement or for a longer period of time as stipulated by specific funding
requirements. Incomplete or incorrect entries in such books and records shall be grounds
for Owner's disallowance of any fees or expenses based upon such entries.
9.7 TIME FOR PAYMENT
Unless otherwise stated herein, payments are due and payable thirty (30) days from the
date of the Engineer's invoice.
ARTICLE 10
DISPUTE RESOLUTION PROCEDURE
10.1 If a dispute arises out of or relates to this contract or the breach thereof, and if the dispute
cannot be settled through negotiation, the parties agree first to try to settle the dispute by
mediation administered by the American Arbitration Association under its Construction
Industry Mediation Procedures before resorting to litigation. If a party fails to respond to a
written request for mediation within 30 days after service or fails to participate in any
scheduled mediation conference, that party shall be deemed to have waived its right to
mediate the issue in dispute. Any written request for mediation shall be made within 20
days from the date the dispute arose. Failure to make a written request for mediation within
said 20 days shall be deemed a waiver of its right to mediate the issue in dispute.
10.2 The mediation session shall be private and shall be held in Onslow County, North Carolina.
10.3 If, as a result of mediation, a voluntary settlement is reached and the parties to the dispute
agree that such settlement shall be reduced to writing, the Mediator shall be deemed
appointed and constituted an arbitrator for the sole purpose of signing the mediated
settlement agreement. Such agreement shall be, and shall have the same force and effect
as an arbitration award, and judgment may be entered upon it in accordance with
applicable law in any court of competent jurisdiction.
10.4 If the disputed issue cannot be resolved in mediation or either party disagrees with the
results of the mediation, the parties may seek resolution in the General Court of Justice in
the County of Onslow and the State of North Carolina. If a party fails to comply in strict
accordance with the requirements of this Article, the non -complying party specifically
waives all of its rights provided hereunder, including its rights and remedies under State
law.
ARTICLE 11
TERMINATION, SUSPENSION OR ABANDONMENT
11.1 This Agreement may be terminated by either party upon not less than seven days written
notice should the other party fail substantially to perform in accordance with the terms of
this Agreement through no fault of the party initiating the termination.
Hubert WTP Page 12 of 15 June 16, 2020
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11.2 If the project is suspended by the Owner for more than 60 consecutive days, the Engineer
shall be compensated for services performed prior to notice of such suspension.
11.3 This Agreement may be terminated by the Owner upon not less than seven days' written
notice to the Engineer in the event that the project is permanently abandoned. If the project
is abandoned by the Owner for more than 90 consecutive days, the Engineer may
terminate this Agreement by giving written notice.
11.4 In the event of termination not the fault of the Engineer, the Engineer shall be
compensated for services performed prior to termination, together with reimbursable
expenses then due. This shall be the exclusive remedy for termination.
11.5 Owner shall have no liability to the Engineer for any delay or damage caused the Engineer
due to the suspension of the Work, or due to any other delay, interruption, hindrance, or
interference.
ARTICLE 12
OTHER CONDITIONS OR SERVICES
12.1 Indemnification. To the fullest extent permitted by laws and regulations, Engineer shall
indemnify and hold harmless the Owner and its officials, agents, and employees from and
against all claims, damages, losses, and expenses, direct, indirect, or consequential
(including but not limited to fees and charges of engineers or architects, attorneys, and
other professionals and costs related to court action) arising out of or resulting from
Engineer's negligence, gross negligence, recklessness, or intentional acts in the
performance of this Contract or the negligence, gross negligence, recklessness, or
intentional acts of its officials, employees, or contractors under this Contract or under
contracts entered into by the Engineer in connection with this Contract. This
indemnification shall survive the termination of this Contract
12.2 This Agreement shall be governed by the law of the State of North Carolina. All actions
relating in any way to this Contract shall be brought in the General Court of Justice in the
County of Onslow and the State of North Carolina.
12.3 The Owner and Engineer, respectively, bind themselves, their partners, successors,
assigns and legal representatives to the other party to this Agreement and to the partners,
successors, assigns and legal representatives of such other party with respect to all
covenants of this Agreement. Neither Owner nor Engineer shall assign this Agreement
without the written consent of the other.
12.4 This Agreement represents the entire and integrated agreement between the Owner and
Engineer and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by
both Owner and Engineer.
12.5 Unless otherwise provided in this Agreement, the Engineer and Engineer's consultants
shall have no responsibility for the discovery, presence, handling, removal or disposal of
or exposure of persons to hazardous materials in any form at the Project site, including
but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other
toxic substances.
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12.6 The Engineer shall have the right to include representations of the design of the Project,
including photographs of the exterior and interior, among the Engineer's promotional and
professional materials. The Engineer's materials shall not include the Owner's confidential
or proprietary information.
12.7 The bankruptcy of the Engineer shall not terminate this Contract until such time that it is
specifically rejected by the Trustee or Engineer in bankruptcy. During the election period
the Engineer has to assume or reject this Contract; the Engineer shall continue to perform
its Work under the Contract.
12.8 In the event the Engineer in Bankruptcy assumes the Contract, the Engineer shall apply
progress payments to all of its unpaid obligations on this project before using any of these
monies for either administrative expense of the bankruptcy or as general assets of the
estate.
12.9 The subject headings of the paragraphs are included for purposes of convenience only
and shall not affect the construction or interpretation of any of its provisions. This
Agreement shall be deemed to have been drafted by both parties and no purposes of
interpretation shall be made to the contrary.
12.10 Interest of Members, Officers. or Employees of the Engineer. No member, officer, or
employee of the Engineer, or its agents who exercises any functions or responsibilities
with respect to the project during his tenure or for one year thereafter, shall have any
financial interest, direct or indirect, in any construction contract or subcontract, or the
proceeds thereof, for Work to be performed in connection with the project. Immediate
family members of said members, officers, employees, and officials are similarly barred
from having any financial interest in the project. The Engineer shall incorporate, or cause
to be incorporated, in all such contracts or subcontracts, a provision prohibiting such
interest pursuant to the purpose of this section
12.11 Nondiscrimination Clause: No person in the United States shall on the ground of age, race,
color, national origin, gender, or disability be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in whole
or in part with funds available under this project.
12.12 Minority and Female Business Enterprise: Owner encourages participation from Minority
and Women Business Enterprise (MWBE).
12.13 Except as otherwise required or provided in the Scope of Services, the Engineer will not
meet or confer with any member of any federal, state or local regulatory agency
concerning the services without obtaining the prior consent of Owner.
12.14 IRAN DIVESTMENT ACT CERTIFICATION. The Engineer hereby certifies that Engineer,
and all sub -consultants, are not on the Iran Final Divestment List created by the North
Carolina State Treasurer pursuant to N.C.G.S. 143-6A-4. The engineer shall not utilize
any sub -consultant that is identified on the List.
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IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be signed in its
name by its authorized representatives and their seals to be hereto affixed, acting under and by
virtue of the authority in them vested, have hereunto set their hands and seals the day and year
first written above.
W.K. DICKSON & CO., INC.
M
David L. Pond, P.E.
President
Date:
ONSLOW WATER AND SEWER AUTHORITY
0
Jeffrey L. Hudson
Chief Executive Officer
Date:
This instrument has been pre -audited in the manner required
By the Local Government Budget and Fiscal Control Act.
0
Tiffany Riggs
Chief Financial Officer
Date:
ATTEST:
Executive Assistant
(CORPORATE SEAL)
ATTEST:
Heather Norris
Executive Assistant
(CORPORATE SEAL)
Hubert WTP Page 15 of 15 June 16, 2020
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EXHIBIT A
SCOPE OF SERVICES

EXHIBIT A
SCOPE OF SERVICES — TASK ORDER NO. 19
Project Title
Professional Engineering Services for the Hubert Water Treatment Plant Discharge Alternatives
Evaluation Project.
Project Background and Description
The Hubert Water Treatment Plant (Hubert WTP) utilizes ion exchange water softening for water
treatment. The facility has experienced Acute Toxicity Tests failures of the NPDES effluent
discharge sampled at the outfall. Similar processes at the Dixon water treatment do not have
toxicity failures. This scope of services includes evaluation and testing to formulate the best
strategy for identification of toxicant(s), to identify possible candidates for toxicity, and provide
recommendations for compliance with the NPDES discharge permit.
SCOPE OF SERVICES
The ENGINEER will provide professional services for this project including, but not limited to,
project management, site visits, engineering analysis, toxicity identification evaluation,
laboratory testing, and summary report with recommendations.
The ENGINEER proposes the following Scope of Services:
Site Visit and Analysis
A meeting and tour of the Hubert WTP will be held with ONWASA staff to review and confirm
the operational issues at the water treatment facility.
The ENGINEER and subconsultant (Shealy Consulting, LLC) will review the pertinent available
analytical data to formulate the best strategy for the identification of toxicant(s) and to identify
possible candidates for toxicity. ONWASA analytical and toxicity data for the past year will be
reviewed.
Laboratory Testing
Laboratory testing will be performed to establish whether a group of compounds are responsible
for the observed toxicity. The toxicity will be characterized by fractionalization of samples
through a series of effluent manipulations. The toxic constituents of the effluent will be
characterized and partitioned into groups such as oxidants, volatiles, non -polar organics or metal
chelates. Various analytical chemistry tests will be performed based on the site visit, data review
and toxicity characteristics determination. Toxicity confirmation will be performed by spiking,
mass balance, correlation procedure, and/or mock effluent testing.
Hubert WTP Exhibit A - 2 June 16, 2020
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The ENGINEER will provide a summary report of the toxicity identification and analytical
services, including recommendations for compliance with the toxicity requirements of the
NPDES discharge permit.
PROTECT SCHEDULE
The ENGINEER will commence work on or as soon as possible upon receiving a signed contract.
The following schedule will be used for this Task Order No. 15:
Site Visit and Engineering Analysis — 30 days from NTP
Laboratory Testing — 90 days from NTP
BASIS OF COMPENSATION
ONWASA shall pay the ENGINEER for providing the services set forth in Exhibit A, Scope of
Services, as follows:
Phase
Description
Basis of
Compensation
Total Fee
1
Site Visit and Analysis
Lump Sum
$14,730
2
Laboratory Testing
HNTE
$13,270
Total Fee
$28,000
Definition — Hourly Not -To -Exceed (HNTE): Hourly Rates & Reimbursable Expenses (Exhibit B)
The ENGINEER will bill ONWASA on the last day of each month for the labor and expenses
incurred during that month in accordance with the ENGINEER's standard rates.
ADDITIONAL SERVICES
ONWASA shall pay the ENGINEER for additional services, which are not specifically called for
in Exhibit A, Scope of Services, in accordance with the ENGINEER's rate schedule in place at the
time services are performed. Any additional services can only be performed with the prior
written approval of ONWASA.
REIMBURSABLE EXPENSES
ONWASA shall compensate the ENGINEER for incidental expenses incurred in connection with
this Contract, including travel expenses, lodging and subsistence expense, printing and
duplication expense, and other incidental out of pocket expenses at cost. For the purposes of
reimbursement, travel expense shall be at the rate contained in the attached rate schedule. Billings
for reimbursable expenses shall include a breakdown of the expense and its associated cost.
Hubert WTP Exhibit A - 3 June 16, 2020
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EXHIBIT B
RATE SCHEDULE

W.K. DICKSON & CO., INC.
2020 RATE SCHEDULE
LABOR 2020
Principal
$235.00/hr.
Senior Consultant
$210.00/hr.
Senior Project Manager
$190.00/hr.
Senior Technical Manager
$190.00/hr.
Project Manager
$170.00/hr.
Technical Manager
$170.00/hr.
Senior Project Engineer
$160.00/hr.
Project Engineer
$150.00/hr.
Senior Scientist
$138.00/hr.
Scientist
$128.00/hr.
Landscape Architect
$175.00/hr.
Staff Landscape Architect
$140.00/hr.
Senior Planner
$167.00/hr.
Planner
$130.00/hr.
Senior Civil Designer
$135.00/hr.
Civil Designer
$125.00/hr.
Senior GIS Analyst
$140.00/hr.
GIS Analyst
$115.00/hr.
GIS Technician
$100.00/hr.
Senior Construction Observer
$125.00/hr.
Construction Observer
$100.00/hr.
Project Administrator
$75.00/hr.
EXPENSES
Reproductions Cost
Mileage IRS Rate
(currently $0.58/mile)
Telephone, Postage Cost
Travel (Meals/Lodging) Cost
Subconsultants Cost + 10%
Note: The above rates are effective January 1, 2020. WK Dickson reserves the right to revise to reflect inflation.
Hubert WTP Exhibit B - 2 June 16, 2020
Discharge Alternatives Evaluation