NC0083321_NOV-2020-PC-0240 Response_20200619 (2)

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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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