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terns in accordance with these guidelines.
<br />Such user charge systems ahal] also be in-
<br />corporated In the appropriate municipal leg-
<br />islative enactments or other appropriate au-
<br />thority.
<br />(g) Model user charge systems. The user
<br />charge system adopted by the applicant
<br />must result 1n the distribution of treatment
<br />worts operation and maintenance costa to
<br />each user for user class) in approximate pro-
<br />portion to his contribution Lo the total
<br />wastewater loading of the treatment works.
<br />The following user charge models can be
<br />used for this purpose; however, the appli-
<br />cant ib not limited to their use, The symbols
<br />used in the models are as defined below:
<br />C~=Total operation and maintenance (O. ~
<br />M.) costa per unit of time.
<br />C,=A user's charge for O. dt M. per unit of
<br />time.
<br />C.=A surcharge for wastewaters of execs-
<br />sfve strength.
<br />V~=OdtM oast for transportation and treat.
<br />ment of a unit of wastewater vo]ume.
<br />V,=Volume contribution from a user per
<br />unit of time.
<br />Vr=Total volume contribution from all
<br />users per unit of time.
<br />B.=OdcM oast for treatment of a unit of
<br />biochemical oxygen demand (BOD).
<br />B.=Total B'OD contribution from a user per
<br />unit of t1me.
<br />Br=Total BOD contribution from all users
<br />per unit of time.
<br />B=Concentration of BOD from a user
<br />above a base level
<br />S,=OdrM coat for treatment of a unit of sus-
<br />pended solids.
<br />S.=Total suspended solids contribution
<br />from a user per unit of time.
<br />S=Concentration of SS from a user above a
<br />base level.
<br />P,=OdcM cost for treatment of a unit of any
<br />pollutant.
<br />P.=Total oontrlbutlon of any pollutant
<br />from s user per unit of time.
<br />Pr=Total contribution of any pollutant
<br />from s1l users per unit of lima
<br />P=Concentration of aryy pollutant from a
<br />user above a base level.
<br />(1) Model 1Va 1. If the Ueatment works 1s
<br />primarily flow dependent or if the BOD,
<br />suspended solids. -and other pollutant con-
<br />cenirstlons discharged by all users are ap-
<br />proximate]y equal. then user charges can be
<br />developed on a volume basis to accordance
<br />with the model below:
<br />
<br />(2) Model Na 2.-When BOD, suspended
<br />solids, or other pollutant concentrations
<br />from a user exceed the range of concentra-
<br />tion of these pollutants !n rwrmal domestic
<br />sewage, a surcharge added to a base charge,
<br />calculated by means of Model No. 1, can be
<br />levied. The surcharge can be computed by
<br />the model below:
<br />C,=[B (B)+S,(S)+P,tP)1V,
<br />l3) Model No. 3.-This model is commonly
<br />called the "quantity/quality formals":
<br />Cam= V~V~ + BBB,+S,S, + PAP,
<br />(h) OlAer considcra(ioriz-{1) Quantity
<br />discounts to large volume users will not be
<br />eoceptab)e. Savings resulting from econo-
<br />mica of scale should be apportioned Lo ail
<br />users or user classes.
<br />(Z) User charges may be established based
<br />on a perantage of the charge for water
<br />usage only >a cases where the water charge
<br />jULfS Ai•[D f^EGUj~no~.~s
<br />!a based ot1 a constant cost per unit of coa-
<br />sumption_
<br />APPZ?tDIZ C-1-RLQIIIatD PADVI$IONS-
<br />CoxsvLrrxc Excrxrusxc AcnmcurTs
<br />i. General
<br />~. Responsibility of the Engirfeer
<br />3. Scope of Wort
<br />4. Changes
<br />S. Terminatlon
<br />8. Remedtea
<br />7. Payment
<br />8. Protect Design
<br />9. Audit; Access to Records
<br />10. Price Reduction for Defective Cost or
<br />Pricing Data
<br />11. Subcontracts
<br />14. Labor Standards
<br />13. Equal Employment Opportunity
<br />14. IItiliration of Small or Minority Busi-
<br />ness
<br />lb. Covenant Aga.inat Contingent Fees
<br />18. Orstuitles
<br />17. Patents
<br />18. Copyrights and Rights la Data
<br />1. Gi~]fLRAL
<br /><aT The owner and the engineer ague that
<br />the following provkiona apply Lo the EPA
<br />grantellgible work to be performed under
<br />this agreement seed that such provisions su-
<br />persede any conflicting provisions of this
<br />agreement.
<br />(b) The work under this agreeme~It i,
<br />funded in part by a grant from the U.S. En-
<br />vironmental Protection Agency. Ndther the
<br />IInlted States nor the U.S. Environmental
<br />Protection Agency (hereinafter, "EPA") 1s a
<br />par'tY to this agreement. This agreement
<br />which covers granttligible work is sub3ect
<br />to regulations contained in 40 CFR 35.936,
<br />35.937, and 35.939 In effect on the date of
<br />execution of this agreement. As used in
<br />these clauses, the words "the date of execu-
<br />tion of this agreement" mean the date of
<br />execution of this agreement and any subse-
<br />quent modifkation of the terms, compensa-
<br />tion or scope of services pertinent to unper-
<br />formed work.
<br /><c) The owner's rights and remedies pro-
<br />vided in these clauses are in addition to any
<br />other rights and remedies provided by law
<br />or this agreement.
<br />s. xzsPOxsralurr or zxs z:rctxanl
<br />(a) The engineer shall be responsible for
<br />the professional quality, technical accuracy,
<br />timely eompietlon, and the coordination of
<br />all designs, drawings, speclficationa,~ reports,
<br />and other services furnished by the engi-
<br />Weer under Lhia agreement: The engineer
<br />shall, wlthoui addldonal compensation, cor-
<br />rect or revise any errors, omissions, or other
<br />deficiencies to his designs, drawings, specifi-
<br />cations, reports, and other services.
<br />(b) The engineer shall perform such pro-
<br />fessional services as may be necessary to ac-
<br />compilsh the work required to be performed
<br />under this agreement, to accordance with
<br />this agreement and applicable EPA require-
<br />ments in effect oa the date of execution of
<br />this agreetaeat,
<br />(e) The owner's or EPA's approval 01
<br />drawings. desigru, specifications, reports,
<br />and incidental engiaeerirlg wort or materi•
<br />als furnished hereunder shall not in any
<br />way relieve the engineer of responalbllity
<br />for the technical adequacy of hla work. Nei-
<br />ther the owner's nor EPA's review, approval
<br />~ uceptanoe oi, nor payment for, any of
<br />the services shall be construed to operate as
<br />a waiver of any rights under this agreement
<br />`z Y~1 .,
<br />or of any cause of action arLsing out of the
<br />performance of this agreement.
<br />(d) The engineer shall be and shall remain
<br />liable, in accordance with applicable law, for
<br />all damages t:a the owner or EPA caused by
<br />the engineer's aegllgent performance of arty
<br />of the services furnished under this agree-
<br />ment, except for errors, omissiocLa or other
<br />deficiencies to the extent atttlbutable to the
<br />owner, owner-furnished data or arty third
<br />Party. The engineer shall not be responsible
<br />for any time delays in Lhe proJeci caused by
<br />circumstances beyond the eagineeer's con-
<br />trol Where Innovative processes or Le<h-
<br />niques (see 40 CFR 35.908) are recommend-
<br />ed by the engineer and are used, the engi-
<br />neer shall be table only for gross negligence
<br />to the extent of such use.
<br />s. scorn or woxx
<br />The services to be performed by the engi-
<br />neer shall iadude all services required to
<br />complete the task or Step its accordalce
<br />with applicable EPA regul-tiona (40 CFR
<br />Part 35, Subpart E In effect on Lhe date of
<br />execution of this agreement) to the extent
<br />of the scope of work as defined and set out
<br />~ the enetneering servtoea agreement to
<br />which these provisions are attached
<br />~. cllAxcrs
<br />(a) The owner mrly, st say time, by writ-
<br />ten order, make changes within the general
<br />scope of this agreement is the services or
<br />work to be performed. I1 such changes cruse
<br />an increase or decrease in the engineer's
<br />cost of, or Lime required for, performance of
<br />anY services under this agreement, whether
<br />or not changed by ally order, an equitable
<br />adjustment shall be made and th1~ agree-
<br />ment shall be modified to writing according-
<br />ly. The engineer must assert any claim for
<br />adjustment under this clause to writing
<br />within 30 days from the dace of receipt by
<br />the engineer of Lhe notification of change,
<br />unless Che owner grants a further period of
<br />time before the date of 11na1 payment under
<br />this agreement
<br />(b) No services for which an addltioaai
<br />compensation will be charged by the engi-
<br />neer shall be furnished without the written
<br />authorisation of the owner.
<br />(c) In the event that there L a modtfica-
<br />Lion of EPA requirements relating to the
<br />services to be performed under this agree-
<br />ment after the date of execution of this
<br />agreement, the increased or decreased cost
<br />of performance of the services provided for
<br />in thLs agreement shall be reflected !n an
<br />appropriate modification of this agreement.
<br />a. rLFt3rIIfATIOA
<br />(a) Either party may terminate this agree
<br />meat, in whole or to part, !n R'rit.ing, li the
<br />other party substantially fatly to fulfill its
<br />obligations under this agreement through
<br />no fault of the terminating party. However,
<br />no such termination may be effected unless
<br />the other party is given (1) not less than ten
<br />(10) calendar days written notice (delivered
<br />by certified mail, return receipt requested)
<br />of intent Co terminate and (2) an opportuni-
<br />ty for consultation with the tetmirsaiing
<br />party before termination.
<br />(b) The owner may terminate ibis agree-
<br />ment, !n whole or la part, in writing., for its
<br />conveNenoe, if the termination is for good
<br />cause (such as for legal or financial reasons,
<br />major changes !n the work or program re-
<br />quirements, lnitlatlon of a new step) and the
<br />engineer !s given (1) not less than ten (10)
<br />calendar days written notice (delivered by
<br />FfOERAL REGISTE>t, YOL ~, NO, lq.._.WEDNfSDAY, SblTEIMifR 27, 197E
<br />EXHIBIT "C"
<br />
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