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HomeMy WebLinkAboutResolutions - 1989.07.20 - 17276Miscellaneous Resolution 89175 July 20, 1989 BY: PLANNING AND BUILDING COMMITTEE - Anne M. Hobart, Chairperson IN RE: DEPARTMENT OF PUBLIC WORKS - SOLID WASTE - AMENDMENT NO. I TO THE CAMP DRESSER & MCKEE PROFESSIONAL SERVICE AGREEMENT FOR SOLID WASTE PROGRAM IMPLEMENTATION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS the county entered into a Professional Services Contract with Camp, Dresser & McKee to receive necessary engineering services in implementing the county's solid waste program by Miscellaneous Resolution #88268; and WHEREAS Miscellaneous Resolution #88268 approved a work scope for (Phase I-A) engineering services necessary to obtain a signed vendor contract in an amount not to exceed $800,000; and WHEREAS a successful vendor was selected, specifically Westinghouse Electric Corporation, and approved by Miscellaneous Resolution #89062; and WHEREAS the county desires to expand the scope of services of the engineering contract to include environmental permitting, energy engineering, air modeling and site analysis (Phase II-A Tasks 1-6); and WHEREAS this scope of work will bring the county up to the start of construction at an additional cost of $767.857 making the total of the contract $1,567,857; and WHEREAS these costs were anticipated and provided for in Miscellaneous Resolution #89126 - Solid Waste Professional Services Amendment. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and directs the Chairperson of the Oakland County Board of Commissioners and the County 'Executive to execute the attached Amendment to the Agreement for Professional Services Between the County of Oakland and Camp Dresser & McKee for engineering services for the implementation of a Resource Recovery Facility. BE IT FURTHER RESOLVED that the total amount to be paid to Camp Dresser & McKee for consulting services under this agreement, as modified by Amendment No. 1, shall not exceed $1,567,857. BE IT FURTHER RESOLVED that Engineer will inform the Owner, in writing, when forty (40) percent of the contract amendment amount of $767,857 has been expended (total contract expenditure levels reaching $1,107,143 [$800,000 original amount plus 40% of $767,857]). The Engineer will not expend beyond fifty (50) percent of the contract amendment amount of $767,857 (total contract expenditure levels reaching $1,183,929 [$800,000 original amount plus 50% of $767.857]) without prior authorization of the Planning and Building Committee. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. ,EBy Apppoyc, THE FONG, RESOLUTION '5 L ' V PLANNING AND BUILDING COMMITTEE July 20, 1989 FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: DEPARTMENT OF PUBLIC WORKS - SOLID WASTE - AMENDMENT NO 1 TO THE CAMP DRESSER AND MCKEE PROFESSIONAL SERVICES CONTRACT FOR THE SOLID WASTE PROGRAM IMPLEMENTATION TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution # and finds: 1) Pursuant to Miscellaneous Resolution #88268 the county entered into a contract with Camp Dresser & McKee in an amount not to exceed $800,000 for engineering services necessary to obtain a signed vendor contract and begin the permitting process (Phase I-A), 2) The County has accepted Westinghouse Electric Corporation as our vendor for the Resource Recovery Facility, 3) The County anticipated proceeding with permitting, energy negotiations, and other engineering activities necessary prior to construction (known as Phase II-Awork) which were approved in both M.R. #88268 and Miscellaneous Resolution #89126 (Solid ! Waste- 1989 Professional Services Budget Amendment), 4) Funds in the amount of $1,421,667 funds are available in the Solid Waste unit Professional Services Line Item (4-10100-141-15-00-3128) and the balance of $145,920 will be considered in the 1990-91 Budget. 5) This contract has been approved as to form by Corporation Counsel. 6) The total contract as amended shall not exceed $1,567,857. The engineer is required to notify the County when 40% of the Amendment amount of $307,143 has been expended at which time the Planning and Building Committee's approval is necessary to spend beyond 50% of the amendment amount. fndpwcamp Finance Committee RESOLUTION # 89175 July 20, 1989 Moved by Hobart supported by Wolf the resolution be adopted. AYES: Chester, Crake, Ferrens, Gosling, Hobart, Jensen, Johnson, S. Kuhn, Law, Luxon, McConnell, McCulloch, McPherson, Moffitt, Oaks, Olsen, Pappageorge, Pernick, Price, Rewold, Skarritt, Wolf, Aaron, Bishop, Caddell. (25) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of the attached resolution, adopted by the Oakland County Board of Commissioners at their regular meeting held on July 20 , 1989 with the original record thereof now remaining on file in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac,Michigan this 20th day of July , 1985 LY.IN D. ALLEN, County Clerk Register of Deeds AMENDMENT D. 1 TO AGREEMENT BETWEEN OWNER AND ENGLNEER FOR STUDY AND REPORT PROFESSIONAL SERVICES FOR ASSISTANCE IN IMPLEMETNATION OF OWNERS SOLID WASTE MANAGEMENT PLAN This is Amendment No. 1 to the above Agreement dated August 20, 1988, including Exhibit A thereto, between Oakland County (OWNER) and Camp Dresser & McKee (ENGINEER) for study and report professional services. Westinghouse Electric Corporation (CONTRACTOR), selected by OWNER, will be assumed to be designing, building and operating the proposed Resource Recovery Facility (RRF). Although CONTRACTOR is not a party to this Agreement, completion of some of the tasks described herein depend upon provision of information by the CONTRACTOR. This Agreement is amended as follows: SECTION 4: PERIOD OF SERVICE 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 pmn,n1,s e-c _,,mnencation and thr, time for completion of performance shall be subject to equitable adjustment and this Agreement shall be appropriately modified in writing. SECTION 5: PAYMENTS TO ENGINEER 5.4 Delete. SECTION 6: COST CONTROL 6.1 NER's budgetary requirements and considerations in respect of the assignment are set forth in Exhibit B. SECTION 7: GENERAL CONSIDERATIONS 7.4 Neither OWNER or ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent ofthe 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. No work will be sublet without the prior written approval of the OWNER and such 1 approval to be given in a timely manner. 7.7 The ENGINEER represents and agrees that it is acting and shall continue to be an independent contractor and that no liability or benefits such as, but not limited to, Workmen's Compensation benefits, retirement and pension benefits, or insurance benefits, or such other rights or liabilities arising out of a contract of hire or employer-employee relationship shall arise or accrue to either party as a result of this Agreement. 7.8 The ENGINEER agrees to defend, indemnify and hold the OWNER, its officials, employees and agents harmless from any and all liability, loss or damage which results from any and all claims, demands, costs, judgments or causes of action, including reasonable attorneys' fees, arising solely from the actions or omissions of the ENGINEER, its officers, directors, employees or agents under this Agreement. 7.9 Affirmative Action and Equal Employmewnt Opportunity Policy It is, and will continue to be, the policy of ENGINEER to provide equal employment opportunity to all qualified persons without regard to their race, color religion, age, sex, national origin, physical or mential handicap, or because he or she is a disabled veteran or veteran of the Vietnam. era. ENGINEER will continue to promote the full realization of equal employment opportunity through a positive continuing program. The firm will assure that qualified applicatns are recruited and hired, and that employees at all levels are not discriminated against because of their race, color, religion, age, .sex,..national origin,_physiral or mental han(linan, nr.J-,erele he or she is a disabled veteran or veteran of the Vietnam era_ Equal opportunity and equal consideration will be afforded to all applicants and eMplovees in personnel actions which include recruiting and hiring, selection for training, promotion, fixing rates of pay or other compensation, benefits, transfer and layoff or termination_ It is the ENGINEER's intention, in the implementation of this policy, to provide full employment opportunities for qualified members of minority groups, women, those with physical or mental handicaps, disabled veterans, veterans of the Vietnam era, and to provide job opportunities at all job levels through aggressive upgrading and recruiting actions. Furthermore, it is the ENGINEER's policy to coordinate the affirmative action programs directed at seeking qualified personnel from minority groups, women's groups, organizations of and for handicapped persons, and organizations of and for disabled veterans of the Vietnam era, for employment with the firm and to provide encouragement and direction to staff to advance within the limits of each individual's capabilities. 1. The Basic Services of ENGINEER as described in paragraph 1.3 of Exhibit A to said Agreement are deleted and replaced with: TASK 1 GRANT APPLICATIONS 2 1.1 Prepare Background Data Requirements for application contents are defined in the MDNR's Solid Waste Alternatives Program Emergency Rules. ENGINEER will gather the data needed to meet these requirements prior to the preparation of draft applications. 1.2 Attend MDNR Seminar On February 28, 1989, the MDNR held a seminar to discuss bond proposal applications and grant writing for Michigan's Quality of Life Bond Program. This seminar provided added insight on what items the MDNR feels are most important in the grant applications. ENGINEER sent a representative to this seminar. 1.3 Prepare Draft Applications Using the collected background data and the insight gained during the MDNR Seminar, ENGINEER prepared draft grant applications. MDNR's application requirements were followed when preparing the applications. 1.4 Revise Applications The drafts of the grant applications were distributed to the project team for review and comment. Following this review period, ENGINEER revised the draft applications as appropriate and submitted the final versions to the MDNR for approval. TASK 2.0 AIR QUALITY MODELING 2.1 Modeling Patameters ENGINEER will prepare a dispersion modeling protocol which describes the technical approach to model selection, user options, source parameters, emissions parameters, and modeling methodology (screening, coarse-grid analysis, fine-grid analysis). The modeling protocol will be submitted to the Michigan DNR for review and comment. Modeling will not. proceed until DNR approves the approach outlined in the protocol. . The Facility design as developed by the selected CONTRACTOR will be reviewed by the ENGINEER so that the characteristics of the major point source and any minor sources can be defined. Design parameters necessary for air quality modeling will be developed by the CONTRACTOR in consultation with ENGINEER, so that all information requirements (including, but not limited to: building dimensions, site grading plans, emission factors, flue gas temperature, velocity and stack characteristics) will be available for the computer modeling analysis. ENGINEER, using emission factors provided by the CONTRACTOR, will determine the maximum (controlled) annual emission rates for all 3 regulated pollutants emitted by the Facility, and for any additional pollutants reviewed by the Michigan DNR. Data on existing air quality conditions will be assembled and analyzed by ENGINEER. To be consistent with permit requirements, three years of ambient data from nearby monitors will be gathered. Trends will be analyzed and representative levels selected for further use in the analyses. Information on areas that are attainment and nonattainment will be obtained by ENGINEER. ENGINEER will prepare a request to obtain a waiver on preconstruction air quality monitoring from the Michigan DNR, Meteorological data that is representative of the site will be obtained by ENGINEER from the closest and most representative monitoring stations. ENGINEER will assist OWNER in obtaining concurrence from the Michigan ENR regarding the adequacy of the meteorological data bases to be used in the permitting process. ENGINEER will then process and use the data in the air quality modeling. 2.2 Air Quality Impact Analysis ENGINEER will select computer air pollutant dispersion models in accordance with recommendations contained in Guidelines on Air Quality Models (U.S. EPA, 1986), and in consultation with the Michigan ENE. ENGINEER will likely use the most recent versions (UNAMAP-6) of the Industrial Source Complex (ISC) and COMPLEX I models to asseSS facility impacts byuijd site b3undaricc. Additionally, ENGINEER will use previous experience to anticipate potential permitting issues. The modeling approach will include: o screening analysis - o coarse receptor grid analysis o fine receptor grid analysis o multiple-source analysis. The evaluation will include criteria pollutants, those regulated pollutants for which national ambient standards have been set, and a selected group of non-criteria pollutants (e.g., HC1, various heavy metals and trace organic compounds). For the applicable time averaging period, predicted impacts from criteria pollutants will be compared to standards. For those pollutants having ambient data, the predicted impact will be added to ambient levels and then compared to standards. ENGINEER will review detailed modeling analysis with the Michigan ENE to determine if source interaction modeling for "critical periods" is required. Background emission sources which could 4 significantly contribute to pollutant concentrations within the Facility's "significant impact area for each pollutant will be identified by .ENGINEER, based on information provided by the Michigan ONE. ENGINEER will model maximum combined facility and background source impacts, as required by the Michigan. TASK 3.0 HEALTH RISK ASSESSMENT 3.1 Risk Assessment Methodology ENGINEER will prepare a health risk assessment modeling protocol which describes the technical approach to deposition modeling, toxic pollutants to be considered, identification of exposure pathways, uptake and bioavailability factors, dose response relationships, and incremental and cumulative health risk characterization. It is anticipated that the State Toxicologist will review and comment on the protocol before ENGINEER proceeds with the health risk analysis. Using the results of the emissions calculations and air quality dispersion modeling for metal emissions and trace organic compounds completed for Task 3.2,: ENGINEER will perform deposition modeling. The annual average concentrations at the point of maximum impact, and averaged across the study area, for toxic pollutants deposited on ground and water surfaces will be determined. ENGINEER will determine the incremental health risk from each of the following possible exposure routes into the human body; o Direct Inhalation o Dermal Abtorption o Soil Ingestion by Children (Pica) o Ingestion through the Food Chain o Drinking of Surface Water o Infant Consumption of Mother's Milk (Dioxin Only) o Fish Caught from Local Streams and Rivers. The analysis will model the effects of up to twelve toxic compounds through up to nine exposure pathways, as defined in consultation with the Michigan ONE. 3.2 Health Risk Evaluation ENGINEER will calculate hazard ratios and cancer risk estimates for each of the pathways identified above, and, using population information from census tracts and ether sources, calculate the cumulative lifetime risk burden for the project area population 5 for each pathway. ENGINEER will calculate, and generally discuss, the summation of health risk from exposure through all of the pathways analyzed. Results will be generally discussed and related to uncertainties in the underlying analysis. TASK 4 ENVIRONMENTAL PERMITTING 4.1 Description of Proposed Project Based on information available to ENGINEER and supplemented by the OWNER and the selected CONTAACTOR, ENGINEER will prepare a facility description, operating plan, waste flow and composition description, equipment specifications, safety/emergency/ contingency plans, and an ash management plan. Project information necessary for the preparation of all air quality and water quality permits will be presented in this section, and referenced in other parts of the report. Nuisance control (including pest control) and stormwater/erosion control will be addressed as part of this task. A preliminary draft of Part I, Description of Proposed Project, completed under this task will be submitted to OWNER and, incorporated into the consolidated permit document prepared in Task 4.4. 4.2 Environmental Assessment In consultation with the OWNER and the selected CONTRACTOR, ENGINEER will prepare a Pollution Incidence Prevention Plan, and a generalized hydrogeological assessment. Since no adverse effects to groundwater are expected, the hydrogeological assessment will be a review of relevant physical features(depth to bedrock and water table, soil stability) for construction purposes only. Information on soils at the project site will be based on information furnished by OWNER and/or CONTRACTOR's geotechnical consultant. ENGINEER will prepare an Environmental Assessment for potential land use, traffic, noise, and cooling tower fogging effects associated with the project. ENGINEER will conduct a preliminary assessment of existing conditions at the project site. ENGINEER will make a preliminary determination of the impact the Facility will have upon each of the existing conditions. ENGINEER will discuss mitigation measures where necessary. Existing information available from OWN and local authorities on land use, zoning and residential housing characteristics in the site vicinity will be reviewed by ENGINEER. ENGINEER will conduct observations in the study area to verify and update the baseline conditions, establish activity centers and population trends, and further investigate any conflicting plans for the project area. Further, the ENGINEER will solicit and investigate 6 any new land use/zoning issues cited by interested persons, to include land use and potential changes in activity patterns (social, transportation, business, etc.). The compatibility of the proposed resource recovery facility - with existing and planned uses of the site and adjacent parcels, zoning, and local recreational assets will be examined, A traffic survey will be conducted by ENGINEER to (1) assess the impact of changes in traffic patters on the area, (2) recommend changes and improvements to the access routes, and (3) provide traffic input data for the air quality and noise impact studies. Traffic growth projections for the project area prepared by the State and/or County will be analyzed. Based on the existing and projected traffic patters, up to three key intersections within one mile of the site will be analyzed as to level of service (LOS). Key problem areas will be indicated_ The impacts resulting from transport of MSW along suggested routes (including alternate routes) to the site, the transport of residue for disposal, the transport of materials to the site during construction, the motor vehicle traffic induced in the vicinity of the site by the facility's operation, and the potential truck traffic resulting from transport of recovered materials, if any, will be quantified and evaluated for the immediate vicinity of the site. Additionally, street and on-site access road constraints at and near the project site will be evaluated in terms of safety and traffic congestion. ENGINEER will analyze the potential impact of the Facility on the local (to the nearest major truck route) road system in terms of capacity (daily and peak-hour), potential safety hazards, road configuratio6, and speed. The effects of any proposed road improvements will be considered. In addition, alternative access routes for waste-hauling vehicles will be reviewed. From this analysis, ENGINEER will make recommendations for mitigation measures, if necessary. Measures which could be considered include: road widening, intersection changes, additional traffic signs or signals, and changes in the access route. A noise monitoring program will be conducted by ENGINEER. Measurements of representative periods at up to four locations will be used to determine existing ambient noise levels at project site borders near noise-sensitive receptors and at key roadway intersections which experience significant traffic loading. Existing ambient noise levels will be compared to applicable federal standards and local ordinances. After background data have been collected through a noise monitoring program, ENGINEER will assess the incremental increase of projected noise levels over existing levels. If unacceptable levels are predicted, mitigating measures will be recommended. The noise assessment will consider two major elements: o Noise impacts due to increased or altered truck traffic resulting from the proposed facility. o Noise impacts attributable to the construction and operation of the proposed- facility. The limits established in noise regulations for the city, county, the state, and federal agency regulations (HUD, EPA, and OSHA) will be compared with predicted noise levels at and in the vicinity of the proposed facility. ENGINEER will perform an evaluation of the potential for cooling-tower induced fogging and icing events at facility access roads and off-site railway and vehicle throughways. Cooling tower water droplet and vapor transport and deposition will be modeled using site-representative meteorological data and EPA-approved modeling techniques. ENGINEER will submit a project description to the State Historic Preservation Officer (SHP0) for a: determination of the archaeological sensitivity of the project site. If required, ENGINEER will investigate archaeological and historical resources through site visits, literature review, and interviews with government agencies and local authorities. (ENGINEER may retain an archaeologist to perform specific investigations.) Potential impacts on nearby sites of historical or archaeological signifiranoe federal,. state, or local -- will be addressed. It is assumed that subsurface investigations will not be necessary. Archaeological/historical assessments will be presented in an appendix to the Environmental Assessment. A preliminary draft of Part IV, Environmental Impact Assessment, completed under this task will be submitted to OWNER and, incorporated into the consolidated permit document prepared in Task 4.4. 4.3 Water Quality Permits Proximity to wetlands, surface water bodies and the 100-year floodplain will be noted by ENGINEER. ENGINEER will conduct - general field surveys to assess any wetlands potentially affected by the project. Using plans provided by the CONTRACTOR for site layout, site drainage, and discharge/intake pipeline locations, ENGINEER will prepare a consolidated permit for construction in floodplains, construction in wetlands, and/or activities affecting inland lakes and streams. A wetlands mitigation/restoration plan is not currently anticipated to be necessary, and is not included as part of this task. ENGINEER will assess the project's potential to disoharge pollutants into surface waters, and will consult with the Michigan DNR to obtain a determination of which project 8 activities (if any) will require an NPDES permit. This determination will depend on information provided by the CONTRACTOR, including construction plans (showing extent of disturbed areas), a soil erosion and sedimentation control plan, information on the quantity and quality of stormwater runoff from the site, and information on groundwater quality under the site. Should groundwater be found to be contaminated with toxic materials, ENGINEER could, as an additional task not included in this contract, prepare a remediation plan. It is currently planned that all process blowdowns and sanitary wastewater will be discharged to the sewer system, and therefore be covered by an existing NPDES permit. For this reason, an NPDES permit for process and sanitary wastewater is not included as part of this task. Should stormwater runoff and pumped groundwater be discharged directly to surface waters, the Michigan DNR could require NPDES permits for these sources. Based on information provided by the OWNER and selected CONTRACTOR, ENGINEER will assess ONNER's dewatering needs, and stormwater collection and discharge plans, and prepare any necessary NPDES permits. A preliminary draft of Part III, Water Quality Management, completed under this task will be submitted to OWNER and incorporated into the consolidated permit document prepared in Task 4.4. 4.4 Air Quality Permit To facilitate Michigan DNR's review of the air quality permit application, an integrated document will be prepared by ENGINEER which addresses all of the federal and state permitting requirements:, Many of the federal air quality programs have been included in the Michigan DNR's Administrative Rules for Air Pollution Control by reference. The air quality permit application will clearly identify where duplication occurs. ENGINEER will contact federal, state and county authorities to obtain an understanding of the intent of the rules and regulations, the extent of authority delegated to various administering agencies, potential pending modifications to the rules and regulations that may affect the proposed design and operational parameters and the responsibilities to be imposed upon the OWNER during construction and operation of the facility. The text of each permit application and any available pertinent examples of completed permits will be obtained by ENGINEER from the responsible agency. ENGINEER will prepare an FAA Notice of Proposed Construction or Alteration. Because the proposed REF stack will be over 200 feet high, the FAA will review project plans to determine whether or not the stack will be a hazard to navigation, and h7c.,T it should be marked and lighted. 9 ENGINEER will prepare an Air Quality Permit to Install, which will address the Michigan DNR's Administrative Rules for Air Pollution Control, as well as federal regulations: Prevention of Significant Deterioration (PSD), New Source Review, New Source Performance Standards (NSPS), and National Emission Standards for Hazardous Air Pollutants (NESHAPS). PSD review is required for each regulated pollutant that is emitted in amounts greater than the de minimis emission rate, and is in attainment of its ambient air quality standard. ENGINEER'S submission will include the required analysis of the best available control technology (RAPT), an assessment of existing ambient air quality, an air quality impact analysis, and an assessment of the source's impact on air quality related values (see Task 2.0). New Source Review is required for each regulated pollutant that is emitted in amounts greater than the de minimis emission rate, and is not in attainment of its ambient air quality standard (carbon monoxide and volatile organic compounds are so designated in Oakland County). It is unlikely that RRF emissions of either of these pollutants will trigger :New Source Review. However, if required, ENGINEER will prepare the necessary analysis and permit submission, NSPS require that incinerators charging more than 50 tons per day of waste must comply with specific emission limitations for particulate matter. These standards tend to be minimum requirement standard, and are less .stringent than BACT. ENGINEER will demonstrate compliance with these standards as part of the BACT analysis. Three pollutants (mercury, beryllium and inorganic arsenic) emitted from RRFs are regulated under NESHAPS. Although the emissions limitations defined by NESHAPS are not directly applicable to the proposed PRE, ENGINEER will demonstrate that these emissions limitations will be met. ENGINEER will produce a draft of a consolidated permit document, containing: Part I, Project Description; Part II, Air Quality Permit Application; Part III. Water Quality Management; Part IV, Environmental impact Assessment; and Part V, Health Risk Assessment based on the comments received from the OWNER to the preliminary drafts prepared in other tasks. ENGINEER will submit this draft to OWNER for review. ENGINEER will respond to OWNER comments and prepare the final permit document. This task will be complete with submission of all five Parts of the final permit document to the ONE. ENGINEER will attend up to six meetings with OWNER and/or the Michigan ONE as necessary to prepare and review the consolidated permit document. 4.5 Post-Permit Submittal Activities 1 0 ENGINEER will respond to public and Michigan DNR comments on the final permit applications document, as required by the Michigan DNR, in order to obtain final approval of the air quality permit. ENGINEER will attend up to two public hearings at which the Oakland resource recovery facility air quality permit will be considered. ENGINEER will attend up to six meetings with OWNER and/or the Michigan DNR as necessary to make changes to the final consolidated permit document. This task will be complete when the DNR makes its determination on the permit applications. If all or part of the DNR's determination is appealed, ENGINEER would be available for consultation for an additional to-be-negotiated fee outside of this contract. TASK 5 ENERGY MARKET NEGOTIATIONS ENGINEER will assist OWNER and its negotiating council during the negotiations with Detroit Edison. Specific items to be addressed will depend upon the specific issues which arise during the negotiations, and they may include, but are not limited to: 5.1 Attendance at negotiating meetings. 5.2 Review and comment on drafts of the energy sales contract. 5.3 Analysis of the economic impact of various payment schedules. 5.4 Development of the technical interconnection specifications in conjunction with Westinghouse. 5.5 Analysis of Penalty provisions in the energy sales contract. TASK 6 ALTERNATIVE SITES ANALYSES ENGINEER will assist OWNER in analyzing alternative sites for the • waste-to-energy facility. Specific areas to be addressed will depend upon the site location and its specifics (i.e., adjacent land uses, geology, drainage, and the like), however, they may include and are not limited to: 6.1 Attendance at meetings. 6,2 Develop alternative site layouts. 6.3 Advise on subsurface investigatins and boring locations. 6.4 Coordinate with Westinghouse. 6.5 Assist the OWNER and its negotiating council during negotiations with Westinghouse for a change order to the exisiting Construction Agreement which incorporates the changes required due to the change in location. 11 END OF THE LISTING OF TASKS SUBSTITUTED FOR PARAGRAPH 1.3 OF EXHIBIT A. 4.0 Delete and substitute: Method of payment for services and out-of-pocket expenses of ENGINEER. 4.1 For Basic Services rendered, OWNER shall pay ENGINEER at ENGINEER's salary cost as defined in 4.3 below plus 1.46 times the salary cost for overhead and profit. 4.2 The ENGINEER's hourly salary cost by classification are as shown on the Exhibit C. 4.3 Salary cost is defined as the cost of salaires (including sick leave, vacation, and holiday pay applicable thereto) for time directly chargeable to the project; plus unemployment, excise, and payroll taxes; and contributions for social security, employment compensation insurance, retirement benefits, and medical and other group insurance benefits. 4.4 It is understood that travel time beyond the standard eight hour work day is non-reimburseable, unless prior approval is granted by the 0,4NER. 4.5 Reimburseable out-of-pocket expenses shall include the following reasonable actual costs when incurred in connection with the services , . tendered by the ENGINEER. _ 4.5.1 Travel costs including transportation, lodging, subsistence and incidental expenses incurred by personnel or consultants while in a travel status in cOnnection with the performance of services required. Air travel shall not exceed coach rates and local overnight lodging (in Oakland County) shall be at the Holiday Inn, unless unavailable, as negotiated by- the OWNER. All other travel costs shall net exceed amounts approved by the OWNER. Personal automobile transportation shall be reimbursed at $0.24 per mile. 1) Long distance telephone, telegraph, fax, and cable expenses to he incurred in connection with performance of services required in connection with this Agreement. 2) Reproduction costs, including blueprints, black and white prints, solid prints, photographs, photostats, negatives and express charges. 3) Commercial printing, binding, are work and models. 4) Special equipment. 4.5.2 Services and expenses of special consultants provided under subcontract to the ENGINEER in the amount billed to the ENGINEER plus 7.5 percent of such billed amount. All 12 subcontractors must have the prior approval of the OWNER. 4.5.3 Premiums for special insurance coverage obtained for the services provided, if applicable. 4.5.4 Computer use charges, including CADD and air modeling programs use acquisition of meteorological data tapes, if applicable. 4.5.5 No other costs will he charges unless approved by the OWNER 4.6 The total cost of the Phase I-A services described in Exhibit A of said Agreement including the Phase II-A services described in Tasks 1 through 6 of this Amendment No. 1 to said Agreement is estimated to range between $1,320,000 and $1,567,857. ENGINEER will only invoice OWNER for work carried out on NER's behalf and the total of all invoices submitted to OWNER relative to this contract will not exceed $1,567,857 without prior authorization in writing. ENGINEER will inform OWNER, in writing, when 80 percent of the upper limit amount has been expended. 5. OWNER has established the following special provisions and/or other considerations or requirements in respect of the Assignment: None. IN WITNESS THEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CWNER ENGINEER Roy Rewold, Chairperson Oakland County Board of Commissioners John W. Hawthorne Senior Vice President Daniel T. Murphy A. Barry Seymour Oakland County Executive Vice President APPROVED AS TO FORM: Name Title Date: 13 COMPLETE COMPLETE COMPLETE COMPLETE 13,821 COMPLETE 0 NOT AUTHORIZED O NOT AUTHORIZED 0 NOT AUTHORIZED O INCLUDED IN TASK 5 60,309 3,615 COMPLETE 0 NOT AUTHORIZED 41,635 22,469 7,336 10,108 COMPLETE OUT-OF-POCKETS EXPENSE 72,000 282,000 * 81,834 4,089 85,923 *INCLUDES COMPUTER TIME FOR AIR QUALITY MODELLING. EXHIBIT B (page 1 of 8) TASK CAMP, DRESSER & MCKEE ENGINEERING CONSULTANT CONTRACT SUMMARY REVISED BUDGET BUDGET ESTIMATE ESTIMATE TOTAL PREVIOUS CURRENT EXPENSE EXPENSE EXPENSE TO DATE COMMENTS 1.2.1 ASSIST IN ESTABLISHING POLICY ISSUES WITH OPTIONS. 1.2.2 ASSIST IN ESTABLISHING RFQ/REP SYSTEM INCORPORATING ECONOMIC, LEGAL & TECHNICAL POLICY DECISIONS. 1.2.3 PREPARE TECHNICAL REQUIREMENTS. 1.2.4 ISSUE REP/RFQ WITH DRAFT CONSTRUCTION AND SERVICE AGREEMENT INCLUDING TECHNICAL REQUIREMENTS. 1.2.4A RECYCLING RFP/RFQ 1.2.5 ATTEND PRERESPONSE VENDOR MEETINGS. 1.2.6 ASSIST IN QUALIFYING VENDORS AND NEGOTIATING CONTRACTS AND TECHNICAL SPECIFICATIONS. 1.2.7 ASSIST IN DEVELOPING SELECTION CRITERIA FOR DETERMINING LOWEST RESPONSIBLE BID. 1.2.8 ASSIST IN EVALUATING BIDS AND MAKING RECOMMENDATIONS. 1.2.9 ASSIST IN DEVELOPING IMPLEMENTING AGENCY. 1.2.10 ASSIST IN DEVELOPING FINANCING PLAN. 1.2.11 ASSIST IN DEVELOPING WASTE CONTROL STRATEGY. 1.2.12 ASSIST IN DEVELOPING CONTRACTS FOR THE SALE OF ENERGY. 1.2.13 DEVELOP PERMITTING REQUIREMENTS. 1.2.14 ASSIST IN OBTAINING FACILITY AND LANDFILL SITES. 1.2.15 ASSIST IN PRE IMPLEMENTATION WORK FOR THE SECOND AND THIRD RESOURCE RECOVERY FACILITIES AND ASSOCIATED LANDFILLS. 1.2.16 COORDINATE WITH BCPR. 1.2.17 ATTEND PROTECT MEETINGS AND PUBLIC MEETINGS. 1.2.18 GRANT PREPARATION 1.2.19 OLD 2.0 MODEL AIR QUALITY 3.0 HEALTH RISK ASSESSMENT 4.0 PREPARE PERMIT APPLICATION 5.0 ENERGY MARKET NEGOTIATIONS 6.0 ALTERNATIVE SITE ANALYSES 7.0 GENERAL ENGINEERING SERVICES 8,320 15,000 10,145 0 10,145 7,280 3,600 3,502 0 3,502 COMPLETE 41,600 32,000 31,561 0 31,561 41,600 35,000 34,705 0 34,705 0 38,000 37,445 0 37,445 3,120 2,400 2,400 0 2,400 104,000 80,000 65,310 0 65,310 33,280 2,000 1,097 0 1,097 COMPLETE 10,400 14,000 13,821 0 20,300 0 0 0 15,600 0 0 0 31,200 o o 0 41,600 0 0 0 52,000 65,000 54,230 6,579 62,400 3,615 3,615 0 57,200 0 0 0 46,800 60,000 32,708 8,927 150,800 60,000 22,469 0 O 3,700 7,336 0 O 10,110 10,108 155,000 122,000 342,000 76,432 61,000 100,000 800,400 1,567,357 412,286 19,595 431,881 MISCELLANEOUS RESOLUTION 188268 APPROVED A CONTRACT FOR CAMP, DRESSER & MCKEE AS ENGINEERING CONSULTANTS FOR THE IMPLEMENTATION OF THE FIRST RESOURCE RECOVERY FACILITY. THE CONTRACT SPECIFIED THE HOURLY RATES THAT WOULD BE PAID TO THE CONSULTANTS FOR THE IORK. BUDGET REVISED IN ACCORDANCE WITH AMENDMENT NUMBER 1. TOTAL 1.3kland County, H1 - Pe-nource Recovery Project Cos.t 6S30/89 EXHIBIT B (page 2 of 8) TASKS DIRECT BILLABLE OTHER LABOR LABOR DIRECT HOURS COSTS COSTS TOTAL cosrs I Grant Applicatic,n13 171 52,619 51,351 $10,000 ..;' Air Quality NodGqing 2,512 5151,257 581,525 5238,782 3 Health Risk WT;$e5ment 1,916 5122,902 520,750 $151,652 1 Environmental Permitting 1,851 5311,721 552,153 5393,071 5 Energy Ilaket Negotiation:5 1,210 . 587,871 510,000 _ $97,371 6 Alternative Sites Analysis 7:10 560,998 516,000 S76.,998 TOTAL BILLABLE COSTS 11.123 $776,398 $192,779 5969,177 C.:Junty, Mi Re.2-s5cAur-ccp fcw- 6.71A/:39 EXHIBIT B (page 3 of 8) ACTIVITY ACTIVITY EMEVx FHEV L TOTAL TOTAL rnoc OISCRIPTION HOURS HOURS HOURS DOLLARS 1.3 PI---par-- B.,fgr-ind DaJ.:. -' — 50 52 $1.0:.-1:0 1_2 Aitc._nd Sc..iniv-r-- 10 10 $3.90 1_'_El Rtme.?pau -- TD,--,7.-rt AppIlai.--icw-):5 A ' 00 8A %1,680 1.-1 R.7..?vi Dr-f -t_ Applic:,nt.in A 2-1 20 1616 TOTAL 10 16A 17A $3,516 SALARY (i-tith tpr-iFity51 40 LABOR HOURS 10 1C1 LTA RAW LABOR COST °TAO° :3.116 $2,516 LABOR MULTIPLIER 1-16 BILLABLE LABOR COST .$06.19 BILLABLE ODC':-5 TOTAL BILLABLE COSI $10,000 ENEV — Etwir-ote1 Fr St-,7rdc? Oaktand Countg, HI - Resour -ce Rocovery Pr-nject E:-:t.imaie for Air Au.alitg Modeling EXHIBIT B (page 4 of 8) rot or. BIILABLE COST $238.. ?02 . SVP PS TL/00 LK OET/CHI PK RP/PO • RS7CH JJ/WV Am TOTAL TOTAL ACT- ncrxturv . ENE.' x 9 END) ? ENEV 5 ENEV 5 EMEV 1 PLON 7 •SCEV 6 SCEV 1 SCEV 2 SCGH 1 LABOR LABOR LOAF OISCRIPTIOM HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS COSTS _ 2_1 MOOELIMG PARAMETERS Mode,ling Protocol 2 20 8 10 80 32 1 186 $1,619 Source Paraxoters 0 10 21 8 21 90 IG 160 51118 Enis5ion Estimatel, 1 16 29 1 GO 10 21 a 180 S1,756 Me4.eorological Data 8 16 60 90 161 55,652 2-2 nip QuAure IMPACT AMAYSTS Di -spori.151on Modeling 1 8 32 10 120 200 320 8 F32 517,280 . Addition A0 Analyis a 9 1 32 10 GO 1 152 53,560 Idontify Other Sources 1 8 20 32 2 21 10 10 1 171 51,316 Multiple Source Analysis 8 16 20 16 • 8 80 120 160 0 136 ".° ,10 792 - . . 08/0C 12 21 18 10 10 GO 60 61 10 328 59,258 , ° TOTAL 21 66 110 180 32 92 156 680 7a6 16 2512 562,706 SALARY (with benef1f.5) 66 10 30 - 30 25 36 29 -)-..-J .. 19 1? RAH LnaoR COST $1,581 ;2,610 51,200 55,100 $800 $3,312 $13,221 515,610 515,121 $782 562_706 LABOR MULTIPLIER 1.16 -------- BILLABLE LABOR COST $151,257 aILLneuE OOC's $81,525 '1cL 1 oPiiczitecloyz E. EMEV Environnen1a1 Engineer, Grade Level itkland Courtty, NI - Rolr:ourco R.77.0V9ry Project. Cost Etimato for tioadth Risk AHent. 6/30/89 EXHIBIT B (page 5 of 8) 8 8 519,960 1.16 $122,902 520,750 $151,652 ACTIVITY CODE ACTIVITY OISCRIPTION SVP PS LK DET/CHI PK RP/R0 RS/CH 3.1/PV All TOTAL TOTAL ENEtlx 9 ENEV 7 ENEV 5 ENE'.- 1 PLUM 7 SCE'.) 6 SCEV 1 SCE) 2 SCGN 1 LABOR LABOR HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS HOURS COSTS ' "-.3 1 1 80 16 32 160 21 321 58,729 00 88 8 21 210 160 8 616 $11,809 1 1 21 18 RISE ASSESSMENT METHODOLOGY Risk Assess- Protocol Pathway Assessment HEALTH RISK EvnLunrioN Cums-lulativo HoaIth Risks Roport Preparation QA/OC roroL 120 8 16 1 160 16 10 1 ia 16 16 12 188 88 51 128 120 80 310 58,895 160 10 10 161 512,080 10 16 161 55,119 720 320 18 1916 519,960 SALARY (with honefit.5) RAP LABOR COST LABOR MULTIPLIER BILLABLE LABOR COST 9ILLABLE ODC"s Form_ BIILABLE cosi- 66 -10 30 25 36 29 23 19 17 $3,168 5180 511,610 $2,200 52,301 53,712 $16,560 ;E,O80 wf)onotos lahot- categovq: E. ENE) - En ,...ironrrontal Eiclinoor, Grade Level CI: 1 E lii v. .,.,.. 4 ▪ .) o • Y'E C CZ Li E 0 S- I- 0 -Li C -.I X Li C OL F- CO 7g C 1- Li 0 0 (JO Li I i. Li a :7 LC 'N. 123 rD Li I I Li 7;. Li CD ce Li T LO 0' Li C Ld (./ 0') Li 2: L41 0 0 _1 0 0-I i-I T I Li LL1 k Z WwI CO Li " • " __I LI 7. Z LL; tr) CI Le) 1JJ _J 2: CD k LU 7 If 0. h. 1.1,I Z 11-1 L Li o r eL L , , o o UN II LU Z • r o If. 0 CO LiD 4.1 tr5 0_ 1:DO LU ›t: LIJ Cy ,11.71 C 0_ 0 OF 0 0. CC T -4 s",1 7 OLi 000 NTC 0 I C CC F- T 7t-t077 N T r, !01 0 OD CF c\J N- '-4 A hr N C. • V; C n O 7.: Z Z • • ri 0 L Cr, CE o = IA CF N • u cC vt o .7 C. 0 01 0.2: I r. POST -SUBMI TTAL ACTT OT TT ES CC I I I C: I C 1 I 4., 1 CO E C OD C a 0 C Li 01 C.L LL:t F- a: VI Li _2 CD NO- NU k QC wti __I ON fr 4.4 CO TOTAL MILS-OLE Cr: LU Envi 0 n 1-1.; L A- Ld UI X :n cn L, 14 C RN iv. T CO 11117 0 Li Li 0 0 F: -NT T tit c I- co 0 • n,•• ! r O I .4 N CF • TL CI, .4 I rrt I : .4 n l.fi *-1 =, 41, .1-A N s In OD N. NON OD 7 W 0 C r4 C.0 CO N 7 7 0 trO 1.4 ri 0 7 0 0 7 uD LID 7 .4 CO LO .4 0 OD In k.7', L\ 173 OF N CC. 7 LO CO 0, N LII k .1.) Tr N CO 7 4-4 TN T TOOTCOOD 0 0 OD 0 IF-Li /..7 I N N 0 CO N CO OD. CO cn CC NOON 0I0 0 INN ,1 r.4 ‘.Cn1 CO OF n N LO 7 0 7 LO IN 7 ,I i.C. 1 5 i r4 In IN 0 0 OD CO cONN 0 IcON T.4Cu) I el kcv I kt 0 0 GO 0 OD 0 0 0 0 0 (00 CO 7 I 0 0 `... T 0 7 0 N sr N 0 Oi • P"., WI I N INN -, r-f 7.4 iii Cr\ ' ....i T (17 t N ..1. I Li I tC. • N 0 0 CD • CO ...., •,..> CNN ,_. -. - .-. - -. - .-. ,-. ...... ,-.. -. • • • 0 LO CD 0 :\ I T r0 7 0. 0 0 T N 0 T 7 T N 7 0 N. I M 0 OF ...,. rn Oi In I Cu i 7 I :If. ,. • I 7 uD CD tO CO LO LO N CD 0 0 0 ,..0 tO C) CO 0 CD 10 CO N r,i .7 hi r4 " rrl 7 ,--1 T 0 '4 T-' N ,-.4 0 I fr) 0 N ,-; T.- I 0 I t. I N „ I di I OD 7 CO TN 7 OF T k.,o co LLD o T Le 1 ON N t--, .., 7N... 0 ITN -4 i in ki 7 7 T 0101 0 0 7 0 TNCF 0 I On I 1.0 I Cr\ I r I ki e-i ,-.., I.- o a. 1..1 o ..!.... c or ID o.1 Cr_. Z. 0 li. If; ., h..: 0 0 C •-n Cu LLI 0: IA t 0: I- ...-I 0 0 1.6 X 0. 0 .4" C 7, C i-' lil TS IA ht L') L • si 1,1 :ID WZCC. '.1: 2: G. k - .- F CZ' :42 Ii t ...-' k: C7 0 tr. L X 0,.: -0 C.. -:-. 0 0 hi S- hi 0- 0- 0 L. 0 cL T r ol I:L. WO E 0 E '1: k L- .,., a 0, 0 Z 0: ,7 --, O. in B. cc 00 F 1.:- L : r c,..L.) -,-, CL cv a? 7, Li..) CD U r,:, " CI ' - r. -L-, ,-i .[..; U :* IA L C.... .. ."....... CJ.. k Ci.: IA ,- (,.' Ei, `i; n 44) z .-i 1-- 0. Q L. L.:. I 0 CI_ \ 0. L. E 1.1.1 Cr -.-.. 0 Cr. kt .2: r. 7:,,.. if. „... 0 N C Li C: Cr' 7 4... 0 0= I-- 0= ..7.-7 0 _. 0 LI k ..t.: 01: 6 ....."%nt I,F 1-"i 01. 0 Iti r tn Lri CZ 0 . -.. k 0: ....J Ii t.-. .r1 o.n.4 "U- C; ;°- 7. 7. r, q L.! ..7 4.1: t ,,..' C. 0 .. -I T C, 4. 0 0. I.- -4-' .,- LI_ = \ C I r•I C ',:: c, CON ILCOCN 1-4 t...) ..-:€ ..s.' 7. .0 7 0 )-4 Cr. 0. 7 ...., r C..C. L 0 CULL nr I .r! 0 • -.. LI 7. .. L 4...' -I-1 0 hi .1.1 ' 1... WO O: Lrt 0 L. .0 V.: .... k r. _j -1-: D. 17 I- ...I 2 LL.1 0: PO ,C. ..1:. 0 0 0 0 LI f 0 7". CCC i•-•-r 7: C 4.4. 41, ,1 CL CL, L.. 0 a Li Li a-. Li =.7, LI 0- 7. a kt tit CC Li. 0. 0- CC E 531,070 1_16 576,132 510,000 505,132 EXHIBIT B (page 7 of 8) Oakland Count, - .irce Rocover y Ci Etimato fo; Aarket Ne gotiations 6/30/89 ACTIVITY ACT3:TV ENEV 9 ENEV 7 ENEV 5. ENE' 3 ENEV 1 TOTAL TOTAL CODE OISCR1P110N HOURS HOURS HOURS HOURS HOURS HOURS DOLLARS 51. Attend Meetin y .160 10 200 57,600 5.2 Com-lent on Contract Drafts 100 150 50 300 59,600 5.3 Economic Anal y sis 10 50 100 50 210 55,050 5.1 Interconnection SpecificaLion 10 00 90 180 51,780 5.5 Penalt y Anal y :sis 10 70 70 150 51,010 . TOTAL 0 290 -390 310 50 1010 531,070 SALARV(with benefits -) RAW LADoR COST LABOR MULTIPLIER BILLABLE LABOR COST BILLABLE ODC's VOIAL BILLABLE COST 66 10 30 50 511,600 511,700 22 56,020 5950 WCITi".5 labor cate gor y : ENE V - Environmental Eng ineer, Crade Level __ EXHIBIT C SUMMARY OF SALARY COST RATES BY LABOR GROUPING LAB GRP LABOR GROUPING AVG MIN MAX AD CT ADNIN-CONTRACT 19.79 19.79 21.77 EN EV ENGR-ENVIRONMENTAL -1 18.71 17.75 22.33 ENGR-ENVIRONMENTAL -2 19.86 18.93 23.87 ENGR-ENVIRONMENTAL-3 21.87 19.72 26.20 ENGR-ENVIRONMENTAL-4 25.80 20.75 40.24 ENGR-ENVIRONMENTAL-5 29.76 26.78 39.41 ENGR-ENVIRONMENTAL-6 36.17 30.71 48.51 ENGR-ENVIRONMENTAL-7 40.90 34.97 58.03 ENGR-ENVIRONMENTAL-8 44.51 39.69 53.68 ENGR-ENVIRONMENTAL -9 53.41 45.05 68.57 ENGR-ENVIRONMENTAL -0 72.58 61.68 90.23 PL ON PLANNER-GENERIC-4 20.94 19.41 24.70 PLANNER-GENERIC-5 28.99 26.69 35.29 PLANNING-GENERAL-6 36.40 36.40 40.05 PLANNING-GENERAL-7 36.68 36.68 40.35 SC EV ENVIR SCIENTIST-2 ENVIR SCIENTIST-3 ENVIR SCIENTIST-4 ENVIR SCIENTIST-5 SR ENVIR SCIENTIST -FROG' MGR/TNVIR S(71 VP-ENVIRONMENTAL SCI 18.96 16.72 22.75 19.55 17.16 23.05 21.64 17.64 26.65 26.14 20.98 35,66 32.91 29.17 46.92 41.80 37.36 51.61 45.28 42.26 54,73 SE ON SECRETARIAL-SPRY-GEN-1 13.27 12.63 15.32 SECRETARIAL-SERV -GEN-2 14.73 13.04 18.17 SECRETARIAL-SERV -GEN-3 16.79 14.33 21.77 SECRETARIAL -SERV -GEN-4 20.71 17.04 26.59 TE GN TY WP TECH SUPPORT-GENERAL-1 TECH SUPPORT-GENERAL-2 TECH SUPPORT-GENERAL-3 TYPING-WORD PROC-2 TYPING-WORD PROC-3 TYPING-WORD PROC-4 16.04 16.04 17.64 12.30 10.24 18.02 17.35 15.02 21_95 15.22 14_43 18.50 15.86 13.47 19.14 19.64 19.27 22.01 't STMEARD FORM OF AGREEMXNT • BETWEEN aviNER AND ENINEER - FOR "- STUDY AM REPORT: PROFESSIONAL SERVI-S THIS IS AN AGREEMENT made as of AuguSt2.0_,, 1988 between Oakland County, a political subdivision of the State of Michigan, acting by and through its Board of Commissioners ("OWNER") and Camp Dresser & McKee ("ENGINEER") OKNER employs ENGINEER to perform professional engineering services, and to provide professional engineering consultation and advice for a professional fee in connection with the implementation of the OWNER's Solid Waste . .. Management Plan (the "Assi • . gnment"). 11/85 : SECTION 1, BASIC SERVICES OF ENGINEER : 1.1 ENGINEER shall perform the following professional services: 1.1.1 Consult with OWNER to clarify and define OWNER's requirements LH 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 OWNL,Ws needs with evaluating and comparative studies of prospective solutions. 1.2 The duties and responsibilities of ENGINEER described above are supplemented and amended as indicated in Paragraph 1 of Exhibit 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 by OWNER, additional services related to the Assignment • will be performed by ENGINEER for an additional professional fee as the parties may subsequently agree. 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 to OWNER's requirements for the Assignment and designate 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 performance 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 hereunder. 3.4 Perform such other functions as are indicated in Paragraph 2 of 'Exhibit A "Further Description of Basic Services, Duties of Owner, „ Method of Payment and Related Matters." 11/85 Page 2 of 6 • 1N 3.5 Bear all costs incident to compliance with the requirements of this Section 3. SECTION 4. PERIOD OF SERVICE • ENGINEER's Basic Services will be performed within the period or by the date stipulated in paragraph 3 of Exhibit A ."Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters." .4.2 It is understood and agreed between OWNER and ENGINEER that time is of the essence and that during the period of this Agreement, ENGINEER •. agrees to perform services in such sequence as to assure the expeditious completion of the tasks necessary to completion of the • • Assignment in the light of the purpose of this Agreement, including, ...n ee. but not limited to, those services specified in Paragraph 1. GINEER's responsibilities are subject to the provisions of this • ....e. n Agreement with regard to Termination, as hereinafter provided. 4.3 - ENGINEER's Additional Services will be performed and completed within - • e 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 •-•••-completion, of per_formanrP sh:11 he subject.. to ecuitable adjustment. SECTION 5. PAYMENTS TO ENGINEER ..5.1 OWNER shall pay ENGINEER for services rendered hereunder as indicated in Paragraph 4 of Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and Related Matters." 5.2 ENGINEER shall submit monthly statements for Basic and Additional .,Services rendered. OWNER shall rake prompt monthly payments in response to ENGINEER'S monthly statements. 5.3 ENGINEER'S above charges are on the basis of prompt payment of - - :statements rendered and continuous progress of the work related to the e Assignment.- • .5.4 If OWNER fails to make any payment due ENGINEER for services and •• expenses within sixty days after receipt of ENGINEER's statement *.etherefor, the amount due ENGINEER shall include a charge at the rate n ee - of 1.0 percent per month from said sixtieth day, and in addition • -e,• e• 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. 11/B5 , Page 3 of 6 e SECTION 6. COST CONTROL - 6.1 OWNER's budgetary requirements and considerations in respect of the -e e Assignment are set forth in Paragraph 5 of Exhibit A "Further Description of Basic Services, Duties of Owner, Method of Payment and • Related matters." - • 1 - I . 6.2 Opinions of probable construction cost, financial evaluations, .• -feasibility studies, • economic analyses of alternate solutions and • utilitarian considerations of operations and maintenance costs . . prepared by ENGINEER hereunder will be made on the basis of ENGINEER's experience and qualifications and represent 'O-INE's test 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' methods 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 necessity be speculative until Completion of its detailed design. Accordingly, ENGINEER does not guarantee that proposals, 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 ENGINEER (and ENGINEER's independent professional associates, subcontractors, and consultants) pursuant to this Agreement are instruments of service and ENGINR . . shall rat.a4A an ownership and property .interest therein. OWNER may make and retain copies for information and reference; however, such documents are not intended or represented to be suitable for reuse by OWNER or others. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWN's sole - risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent professional associates, subcontractors, or • consultants, and OWNER shall indeMnify and hold harmless ENGINEER and ENGINEER's independent professional associates, subcontractors, 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 • compensation at rates to be agreed upon by OWNER. and ENGINEER. _7.2 The obligation to provide further services under this Agreement may be terminated (a) by CWNER with or without cause ucon ten (10) days' written notice to ENGINEER and (b) by ENGINEER for cause upon ten (10) . •• . • days' written notice to OWNER. 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 attributable to termination. • . 7.3 OMER and ENGINEER each is hereby hound and the partners,- successors, executors, administrators and legal representatives of OWNER and • • ENGINEER (and to the extent permitted by Paragrah 7.4 the assigns of 11/85 Page 4 of 6 OWNER and ENGINEER) are hereby bound to the other party to this HAgreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. .7.4 Neither ONNER or ENGINEER shall assign,- sublet or transfer any rights under or interest in (including, but without limitation, moneys that rtliay 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 contained in this • 'paragraph shall prevent ENGINEER from employing such independent professional associates, subcontractors, and consultants as ENGINEER . may deem appropriate to assist in the performance of services hereunder. 7.5 Nothing under this Agreement shall be construed to give any rights or • benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this •• Agreement will be for the sole and exclusive benefit of OwNER and • • ENGINEER and not for the benefit of any other party. 7.6 This Agreement (consisting of page 1 to 6 inclusive) together with Exhibit A constitute the entire Agreement between OWNER and ENGINEER and supersedp Al7 prinr writtpn nr or Thi s Agreement and said Exhibit A may only be amended, supplemented, modified or canceled by a duly executed written instrument. 11/85 Page 5 of 6 APPROVED AS TO FORM: IN WITNESS THEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. WITNESS Roy Rewolob Chairperson Oakland County Board of Commissioners WITNESS Daniel T. Muiphy Oakland County Exec QM W. Hawthorne Sr. Vice President 11/85 Name Titlea-4-z4 --,f:q4 675201dfjtaS7e'----A-- EKETIBIT A TO AGRIMEMMT BED= C.TRNFII AND ENEINE:aR FOR STUDY AND RETORT PROFE,SSI=1, SERVICES FURTHER DESCRIPTION OF BASIC SERVIC751, DUTIES OF OKNER, METHOD OF PAYMENT .AND RELATED SERVICTS - This is an exhibit attached to and made a part of the Agreement dated August 19, 1988, between Oakland County, a political subdivision of the State of Michigan, acting by and through its Board of Comrissioners rOWNER"rand C ese & mcKee ('ENu1l8h) for study and report professional services. , 1. The Basic Services of ENGINEER as described in Section 1 of said Agreement and amended and supplemented as follows: 1.1 OWNER has engaged the firm of Bishop Cook Purcell and Reynolds . ("BUR") to act as project manager and coordinators for the Assignment. ENGINEER shall take direction from and coordinate - with BCPR. 1.2 Phase I-A Services Phase 1-A of the Assignment includes the steps necessary to obtain a signed vendor contract for the first resource recovery 11/85 Page 1 of 6 • facility and developing the OWNER's organizational structure. The following tasks are included in Phase 1 Services: 1.2.1 Assist in establishing policy issues with options. 1.2.2 Assist in establishing RFIORFP system incorporating economic, legal and technical policy decisions. 1.2.3 Prepare technical requirements. Issue RFQ/RFP to vendors, with draft construction and service agreements including technical requirements. 1.2.4 1.2.5 Attend preresponse Vendor meetings. 1.2.6 Assist in qualifying vendors and negotiating contracts and technical specifications. 1.2.7 Assist in developing selection criteria for determining lowest responsible bid. 1.2.8 Assist in evaluating bids and making recommendations. 1.2.9 Assist in developing implementing agency. 1.2.10 Assist in developing financing plan. 1.2.11 Assist in developing waste control strategy. 1.2.12 Assist in developing contracts for the sale of energy. .2.13 Develop permitting requirements. 1.2.14 Assist in obtaining facility and landfill sites. 1.2.15 Assist in pre-implementation work for the second and 11/85 third resource recovery facilities and associated landfills. 1.2.16 Coordinate with BCPR. - .2.17 Attend project meetings and public meetings. .3 Phase II-A Services Phase II-A of the Assignment includes the steps necessary to obtain the financing and permits necessary for the commencement of construction of the first resource recovery facility. The following tasks are included in Phase II-A services: 1.3.1 Prepare Engineer's Feasibility Report for inclusion in the preliminary official statement and the official statement. 1.3.2 Prepare or assist in preparing and submit on behalf of CwiNE]:( the following: a. Air Quality Permit to Install (P.A. 348 of 1965, as amended). b. Solid Waste Disposal Area.Construction Permit (P.A- 641 of 1978, as amended). - FAA Notice of Proposed Construction Or Alteration (14 CFR (Part 77)). d. Certification as a Qualifying Small Power Production Facility. 1.3.3 Respond to questions and comments on the permits included • in Task 1.3.2 above and attend public hearings held in connection with them • 11/85 Page 3 of 6 1.3.4 Attend presentations to rating agencies in connection with Task 1.3.1. 1.3.5 Coordinate with BCPR. 1.3.6 Attend project meetings and public meetings. 1.4 Phase III-A Services Phase IIIeA of the Assignment includes the services during construction of the first resource recovery facility. Specific tasks to be included in this phase, and ENGINEER's fee for such services, shall be negotiated in the future and included as an Amendment to this Agreement. 3 1.5 Phase I-B and Phase I-C Services Phase I-B and I-C of the Assignment includes performing the Phase I-A services for the second and third resource recovery facilities. Specific tasks to be included in those phases, and ENGINEER's fee for such service, shall be negotiated in the future and included as an Amendment to this Agreement. 1.6 Phase II-B,and Phase II-C Services Phase II-B Phase II-A facilities. ENGINEER's future and and II-C of the Assignment includes performing the services for the second and third resource recovery Specific tasks to be included in those phases, and fee for such service, shall be negotiated in the . included as an Amendment to this Agreement. 1.7 Phase III-B and Phase III-C Services Phase III-B and III-C of the Assignment includes performing the Phase III-A services for the second and third resource recovery facilities. Specific tasks to be included in those phases, and 11/85 ENGINEER's fee for such service, shall be negotiated in the futute and included as an Amendment to this Agreement. 2. The responsibilities of CVUER as described in Section 3 of said Agreement are amended and supplemented as follows: 2.1 Provide labor and safety equipment to open and protect manholes and/or to operate valves and hydrants within OWNER's control as required by the ENGINEER. 2.2 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants . as CVNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 2.3 Provide such legal, accounting, insurance and other counseling services as may be required for the project. . The time periods for the performance of ENGINEER's services as set forth in section 4 of said Agreement are amended and supplemented as follows: • No changes, 4. The method of payment for services rendered by ENGINEER shall be as set forth below: For the Basic Services performed under Section 1, the. CWNER agrees to . pay the ENGINEER as follows: . For work done by the ENGINEER at the salary cost of such services for employees plus 1.46 times the salary cost for overhead and profit, plus actual out-of-pocket costs times 1,15. 11/15 , Page 5 of 6