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HomeMy WebLinkAboutWA Dept of Ecology & Spokane - MOA - Pilot Project Ecology - Sewerage Collection and TreatmentMEMORANDUM OF AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF ECOLOGY AND THE CITY OF SPOKANE This MEMORANDUM. OF AGREEMENT (MOA) represents a formal relationship between the parties listed above. The purpose of the MOA is to engage in a "pilot project" for a period of approximately 24 months to determine the criteria and conditions under which the Washington State Department of Ecology (ECOLOGY) would formally delegate the review and approval of engineering activities for sewerage collection and treatment systems, authorized by RCW 90.48.110(2). The MOA, and the described engineering review and approval activities, are based on a foundation of trust, collaboration, and professionalism among public service organizations. The MOA further emphasizes the guidance provided in the statute: "To promote efficiency in service delivery and intergovernmental cooperation in protecting the quality of the state's waters...". In entering into this agreement, the parties recognize the importance of close coordination to build effective relationships and gather relevant data to support a final delegation program administered by ECOLOGY. SECTION 1.0 PILOT PROCESS DELEGATED ACTIVITIES CITY OF SPOKANE, STATE OF WASHINGTON (hereinafter called LOCAL GOVERNMENT) will carry out the responsibility for the duties and functions for the following activities on behalf of ECOLOGY: 1.1 Construction Management of Ecology -funded Projects LOCAL GOVERNMENT assumes construction management oversight for Ecology -funded projects supported by the Centennial Clean Water Fund or other appropriate state or federal funding sources. Activities include development and/or review and approval of plans of operation, construction quality assurance plans, operation and maintenance manuals, and contract change orders. LOCAL GOVERNMENT is responsible for completing the initial determination of eligibility prior to the start of construction and will submit a summary of work to ECOLOGY for review and concurrence. Upon completion of construction, one (1) copy of all change orders and final reconciliation of quantities/costs for each individual construction project will be submitted to ECOLOGY. A final construction cost eligibility based on final quantities and final payment to the contractor will be made by ECOLOGY.. For FY95 and later grant funded projects, cost increases due to change orders or cost overruns will no longer be eligible for grant funding. CITY OF SPOKANE Engineering Delegation MOA Page 3 LOCAL GOVERNMENT, be made by experienced construction management personnel on staff or under contract to Local Government. SECTION 3.0 STANDARDS AND CRITERIA ECOLOGY's Criteria for Sewage Works Design (1985) and Chapter 173-240 WAC (Washington Administrative Code), "Submission of Plans and Reports for Construction of Wastewater Facilities," (ATTACHMENT B) shall be used as minimum criteria. Other relevant standards and/or criteria published by Water Environment Federation, American Public Works Association, American Society of Civil Engineers, and other recognized design and specification authorities may also be utilized as long as they meet or exceed ECOLOGY minimum criteria. ECOLOGY also recognizes that LOCAL GOVERNMENT may have standards and criteria that exceed ECOLOGY minimum requirements. SECTION 4.0 PILOT PROCESS SUPPORT ECOLOGY's Eastern Regional Office will provide an engineering staff contact for the duration of the pilot process to provide assistance and information as needed. All data submittals and mutually agreed progress meetings will be coordinated with and through ECOLOGY's staff contact person. ECOLOGY will provide initial training of LOCAL GOVERNMENT designated staff, and will make available relevant statutes, regulations, policy guidance, and other technical information deemed appropriate by all parties. ECOLOGY and LOCAL GOVERNMENT agree to an initial evaluation meeting approximately 90 days after this MOA is signed by all parties. The purpose of the meeting is to assess the progress of review and approval activities, that training needs are met, and confirmation that all parties understand the requirements, materials, and data compilation needs to support the pilot process. SECTION 5.0 MAINTENANCE OF RECORDS LOCAL GOVERNMENT is expected to maintain the data and records relating to this agreement. Project records will be open for audit or inspection by Ecology or any duly authorized audit representative for the duration of the pilot process, and to support a mutual decision to enter into a formal delegation agreement after the pilot process is completed. CITY OF SPOKANE Engineering Delegation MOA Page 4 SECTION 6.0 COMPLIANCE WITH LAWS LOCAL GOVERNMENT is expected to comply with all applicable state, federal and local laws, orders, regulations and permits. Prior to commencement of any construction or project implementation, LOCAL GOVERNMENT is responsible for making sure that the necessary permits and approvals required by authorities having jurisdiction over the project, have been obtained. SECTION 7.0 DISPUTE RESOLUTION It is the intent of this MOA to engage in a leaming process between the parties based on trust, collaboration, professional ethics, and good engineering practices. The mutual goal is to recognize our abilities as public organizations to utilize our resources in an efficient manner to protect the water quality of the state. To that end, all parties will make a good faith effort to resolve issues and to avoid, to the greatest extent possible, appeals to higher levels of management. If, during this pilot project, differences of opinion cannot be resolved to the satisfaction of staff, the specific issue(s) will be referred to the Washington State Department of Ecology, Office of the Assistant Director for Water and Shorelands, or equivalent ECOLOGY authority, for final resolution. SECTION 8.0 AMENDMENT, TERNIINATION, AND REVOCATION This agreement shall be effective when signed by both parties. The agreement may be amended at any time by mutual written consent of all involved parties. The agreement may be terminated at any time during the course of the pilot process by either party to the agreement; the party terminating the agreement will provide 15 day written notice including the reason for termination. Any available data collected under the agreement will be forwarded to ECOLOGY's Eastern Regional Office designated contact person within 45 days after termination. The transfer of authority by ECOLOGY to LOCAL GOVERNMENT is contingent upon satisfactory performance by LOCAL GOVERNMENT of all obligations under this agreement. The transfer of authority will be revoked upon termination of this agreement. CITY OF SPOKANE Engineering Delegation MOA Page 5 SECTION 9.0 OTHER TERMS 9.1 Term of MOA The term of this MOA shall begin on the effective date (date of ECOLOGY signature) and end on March 31, 1998. Upon completion of the term of this MOA (if LOCAL GOVERNMENT chooses to participate in the formal delegation program), an interim delegation would be established if necessary, until the formal delegation program is in place. 9.2 Submittals LOCAL GOVERNMENT will submit, on an annual basis or as otherwise agreed to by all parties, project summary review and approval information as listed above for the activities selected. The reports submitted to ECOLOGY will include information described in this MOA, and should note approvals made which incorporated deviations from standards or accepted design criteria. ECOLOGY will provide the reporting format for interim annual reports and the final report after coordinating with LOCAL GOVERNMENT. LOCAL GOVERNMENT will notify ECOLOGY should any problems, delays, or adverse conditions prevent them from meeting the objectives of the pilot delegation program, and any assistance needed from ECOLOGY to remedy those conditions. 9.3 Quality Control LOCAL GOVERNMENT will have in place or establish an internal quality control review and evaluation process to assure standards and criteria are met as required in this agreement. The quality control process will be discussed with ECOLOGY during the pilot process evaluation meeting. 9.4 Final Report Prior to, and near the term of, the pilot delegation program, LOCAL GOVERNMENT will coordinate with ECOLOGY's Eastern Regional Office designated contact person to prepare a final report incorporating the data and conclusions, and recommendations to ECOLOGY for proceeding with a formal delegation program under RCW 90.48.110. The final report shall be due within 30 calendar days after the expiration date of the pilot delegation program. CITY OF SPOKANE Engineering Delegation MOA Page 2 LOCAL GOVERNMENT will maintain updated "as -built" drawings, issue the "declaration of construction" (Chapter 173-240 WAC), furnish a copy to ECOLOGY's Eastern Regional Office, and have adequate records storage and retrieval capacity. 1.2 Collection Systems LOCAL GOVERNMENT assumes responsibility for all engineering activities, reviews and approvals as specified in "ATTACHMENT A" to this MOA for sewer extensions, interceptors, and pump stations within its sewer service area and jurisdiction. For the purpose of data collection during the pilot process, LOCAL GOVERNMENT will maintain a listing of projects approved, type of project, date, design engineer (licensed professional engineer), and LOCAL GOVERNMENT's representative responsible for the approval process. LOCAL GOVERNMENT is also responsible for construction inspection, and storage and retrieval of updated project documents. 1.3 Wastewater Treatment Facility Improvements LOCAL GOVERNMENT assumes responsibility for activities specified in "ATTACHMENT A" to this MOA. Note that ECOLOGY retains approval authority for all project specific engineering reports including supplemental design reports or other similar technical documents which deal with the treatment related activities shown in "ATTACHMENT A." For purposes of the pilot process, LOCAL GOVERNMENT will maintain a listing of projects approved, type of project or process approved, date, design engineer (licensed professional engineer), and its representative responsible for the review process. All wastewater treatment facility approvals will be made within the specifications and limits of the ECOLOGY -issued wastewater discharge permit (Chapters 173-220 WAC and 173-216 WAC) in effect during the pilot process. SECTION 2.0 QUALIFICATIONS All approvals made by LOCAL GOVERNMENT under this MOA will be made by a licensed professional engineer (state of Washington) with approving authority, and with experience in the discipline required for that activity. With regard to "construction management" responsibilities, the professional engineer is required to approve engineering chances to design documents, and plans and specifications referencing engineering requirements; other approvals which are of a non -engineering nature may, at the option of CITY OF SPOKANE Engineering Delegation MOA Page 6 IN WITNESS THEREOF, the parties hereby execute this Memorandum of Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY BY: 9ARL J. NUECHTERI /Section Manager Water Quality Program Eastern Regional Office / DATE: U ~ - / 6 APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL List of Attachments: CITY OF SPOKANE STATE OF WASHINGTON 2�C,—j BY: BRAD W. BLEGEN, P.E. Director of Construction Services (and City Engineer) DATE: S 3 ATTACHMENT A: Engineering Review Activity Matrix ATTACHMENT B: Chapter 173-240 WAC, "Submission of Plans and Reports for Construction of Waste Water Facilities" [spok_del.moa] (5/14/96) r-r ,,,-_,_.,.. Attachment A: Engineering Review Activity Matrix Report: S !ture of the Pilot Process to Suppo '1B 2320 Activities Planning Design Construction Management' 01001001001 ,Iastewater Facility Areas Engineering Plans & Plan of QA O&M Change As. Reports Specifications Operation Plan Order Rallis Laboratory D D D D D D D Maintenance Facilities D D D D D D' D Sampling (Flow & Monitor) E D D D D D D Flow Equalization E D D D D D D' Preliminary Treatment E D D D D D, D' Primary Treatment E D D D D D D' Secondary Treatment E D D' D D D D' Advanced Treatment E Di D' D D D D' Filtration E ' Di D' D D D, D' Disinfection E D D' D D D( D' Influent Pumping E D D' D D D D' Outfall E DI D' D D D, D' Sludge Processing E IN D' D D D D' Thickening/Dewatering E DI D' D D D, D' Instrumentation/Electrial D D D D D D D' Control . Administrative Facilities D D D D D D D Equipment Storage D D D D D D D Chemical Storage E D D D D D D Collection System Facilities Engineering Plans & Plan of QA O&M Change As - Reports Specifications Operative Plan Order Builts Extensions D D D D D D D Interceptors D D D D D D D Pump Stations & Frovza M41Atp D D D D D D' D D - Delegate this activity to local units of government who meet established criteria. E = Department of Ecology maintains review and approval authority. Footnotes: 1 - Department of Ecology will concurrently review to assure adequate treatment during construction. 2 - Copies of Engr. Reports, P&S, Plan of Ops, QA Pians, O&M Manuals to Ecology Regional Office. 3 - Delegated local units of government are responsible for all Inspections and certifications specified in Chapter 173-240 WAC. General Comment: 0 - Following completion of the pilot program, formal delegation to local units of government is dependent on having an updated (within six years), Ecology -approved General Sewer Plan.