-----Original Message----- From: Gerry O'Donnell [mailto:godonnell@CLARECOCO.IE] Sent: 20 March 2009 12:14 To: Suzanne Wylde Cc: Sean Ward Subject: RE: Works at Ennis North. Suzanne, Further to our conversation today, I wish to confirm the following: 1. Funding for the interim measures relating to works in the WWTP and pumping stations has been allocated by Clare County Council. I have attached our estimated budget for the scheme on a separate e mail. 2. With regard to a programme of works please find attached proposed works programme contained in the Consulting Engineers brief. 3. For your information I have also attached brief document for the design, procurement, construction and handover stages of the project. G O'Donnell A/SEE Water Services Clare County Council Áras Contae an Chláir New Road, Ennis, Co.Clare *065-6846546 *065-6821915 *087-2029026

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Consultants Brief

Clonroadmore WWTP Upgrade

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DOCUMENT CONTROL SHEET

Project Title Clonroadmore WWTP Upgrade

Document Title

Consultant’s Brief

Revision Status Author(s) Approved By Issue Date

- Issue G O’Donnell S Ward 26 Jan 2009

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Clonroadmore WWTP Upgrade

Stages 2 - 5 Design, Contract Procurement and Construction Stages

Engagement of Consultant

Consultants Brief

Table of Contents 1. INTRODUCTION .............................................................................................................4 2. SCHEME DESCRIPTION AND BACKGROUND .........................................................4 3. DUTIES / ROLE -CONSULTING ENGINEER / CLIENTS REPRESENTITIVE .........4 4. THE APPOINTMENT - EXTENT AND TERMS............................................................8 5. GENERAL.........................................................................................................................9 Appendix 1- Programme..........................................................................................................12 Appendix 2- Relevant material ................................................................................................13

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1. INTRODUCTION Clare County Council requires the services of a competent Engineering Consultant, experienced in major Civil Engineering Works in the field of Wastewater Treatment and Collection, for the Design, Contract Procurement and Constructions stages of the Upgrading of existing Wastewater Treatment Plant at Clonroadmore, Ennis Co.Clare. (Stages (ii)-(v) of the DOF Conditions of Engagement)1. An outline program is attached in Appendix 1. 2. SCHEME DESCRIPTION AND BACKGROUND J B Barry and WYG Ltd, were requested to prepare a report on the interim measures required to be undertaken at the existing Waste Water Treatment Plant (WWTP) at Clonroadmore, Ennis, Co.Clare. This facility is due to be replaced by a proposed 50,000 PE WWTP in 2013 at Clareabbey in the southern environs of the Town. This new plant was proposed as a result of the 2002 Ennis Main Drainage and Flooding Study Preliminary Report. This scheme is currently being progressed by Clare County Council as part of the Department of Environment, Heritage & Local Government Water Services Investment Programme. As a consequence of recent legislation, particularly in light of the Waste Water Discharge (Authorisation) regulations 2007 and consequent application to the Environmental Protection Agency, Clare County Council commissioned J B Barry/ WYG Ltd in May 2008, to prepare a report outlining interim measures required to the Clonroadmore WWTP and collection system prior to the delivery of the new WWTP and associated collection system improvements in 2013. 3. DUTIES / ROLE -CONSULTING ENGINEER / CLIENTS REPRESENTITIVE 3.1 Relevant Documentation and Standards

In preparing all reports designs ,specifications, the requirements of all relevant legislation, regulations, standards and guidelines shall be taken into account. Refer to Appendix 2

3.2 Specific Duties Following on from the recommendations in the Interim Measures Report for Clonroadmore WWTP

Advancing the scheme through the following Stages, (ii) Design Stage, (iii) Tender

Action Evaluation and Award Stage, (iv) Construction Stage and (v) Handover of Works as defined Government Standard Conditions of Engagement for Construction Consultants”, DOF, 2007). Other services outlined below:

1 “Government Standard Conditions of Engagement for Construction Consultants”, DOF, 2007

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The Consultant shall: 3.2.1 Address all statutory requirements / procedures, which will be encountered during the

project. 3.2.2 Design, construction and procurement of the project shall comply with all National

and EU Legislation, standards and guidelines. 3.2.3 Review all previous Reports, Recommendations, Studies, and records relevant to the

Scheme and assess the feasibility of the scheme and its accordance with good practice.

3.2.4 Project Supervisor Design Process: The Consultant appointed shall perform the duties of Project Supervisor Design Process for the Project in accordance with the Safety, Health and Welfare at Work (Construction) Regulations 2006.

3.2.5 Consultation and Meetings: Throughout the process through Stage (ii) to Stage (v), the consulting firm shall:

Maintain close liaison with Clare County Council’s Director of Services for Water Services and his representatives on all aspects of the project. This shall include formal and informal discussions and 1 No. initial progress meeting at each stage and 2 No. follow up meetings at each project stage. Assist in any Public Relations issues arising from the Scheme. Attend Technical Liaison Meetings and Progress Meetings as necessary in

accordance with the programme. Liaise with all other Public Utilities Companies and Statutory Bodies where

appropriate.. Attend site meetings in Stages (iv) and (v) once a month while the contractor

is on site. The Consultant will undertake the procurement of the Scheme including the duties as described in the following sections of the Brief. . 3.3 Design The Interim Measure Report recommended that the following actions be undertaken: Collection System

Upgrading satellite pump station overflows Separating known surface water connections from the main combined sewer where

possible Rehabilitating sewers with high levels of infiltration. Review existing CCTV surveys and clearly recommend if other additional surveys

are required. Upgrading the main lift pump stations including:

Repairing grit traps Replacing pumps and improving the pump controls Divert surface water flows away from pump sumps Upgrade the combined sewer overflow (CSO) regime at pump stations, including

installing screens and non-return valves The recommended interim measures to be carried out to the Clonroadmore

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WWTW to improve its capacity until the Ennis Main Drainage Scheme is delivered are outlined as follows:

Rehabilitating the storm / balance tanks. Upgrading the inlet works. Upgrading the treatment capacity of the current aeration and clarifier tanks to cater for

the existing and the short term increase in wastewater loading. Upgrading the sludge handling facilities including the provision of a Picket Fence

Thickener. Install Tertiary Treatment System.

3.3.1 Prepare an interim report on works required at Pumping stations and WWTP

including the results of flow and load survey at the relevant locations 3.3.2 The consultant is to prepare designs, plans, specifications and Bill of Quantities , for

the above works 3.3.3 The develop of cost estimates for proposed work elements. 3.3.4 The recommendations in relation to procurement, works scope and tendering of the

works. It is currently envisaged that all works will be tendered under the Public Works Contract for Civil Engineering Work Designed by the Employer or the Public Works Contract whichever is more suitable

3.3.5 Preparation of a Preliminary Health and Safety Plan and all other duties relevant to the role of process Supervisor Design Stage

3.3.6 Consult with all relevant bodies in relation to the proposed works. 3.3.7 Prepare a programme for the detailed design, preparation of Contract Documents,

assessment of tenders and recommendations for each component of the scheme in compliance with the target dates, to be agreed with the Director of Service and his staff.

3.3.8 The Consultant appointed will be required to have a senior member of the firm as Project Manager for the Project.

3.3.9 Co-operate with any other ‘Consultants/Advisors’ who may be appointed by the Local Authority to advise on aspects of the scheme.

3.3.10 Prepare a review of the operation of the WWTP during a trial run of a Salsnes Filtration Plant. It is anticipated that the trial period will be for 30 days from mid February. The review should:

Assess WWTP performance during the trial period based on operational information Review any information/reports on plant performance supplied by the filter

supplier Make observations/ recommendations on any permanent installation of a

primary advanced filtration system and assess implications for future plant operation.

3.4 Public Consultation and Part 8 Procedure 3.4.1 An EIS is currently being undertaken by Clare County Council in relation to the

Upgrade of the Clonroadmore WWTP. It is anticipated that this will be submitted in February 2009. The consultant will be required to provide assistance in terms of drawings, designs and relevant information they have available to them.

3.5 Land Acquisition, Wayleaves, CPO etc. 3.5.1 No land acquisition or additional wayleaves are anticipated.

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3.6 Wastewater Discharge Licence 3.6.1 An application for a Waste water discharge licence has been made to the EPA. The

consultant will be required to familiarise themselves with its details. (the application reference is D0048-01). No approval or possible conditions in relation to this application have been received by Clare County Council.

3.7 Preparatory Investigations 3.7.1 The scoping of the investigations and the preparation of tender documents for, and the

management of any necessary investigation contract and accommodation works to ensure timely delivery, having regard under the contract to the use of milestone payments (e.g. significant retention monies pending submission of the final report, following earlier drafts as necessary) and the prompt application of liquidated damages should default occur. The investigations may be divided into separate contracts and will include the following:-

3.7.2 Ground investigation The consultant will be required to advise if a ground investigation contract is required and prepare necessary tender documentation and contract supervision as appropriate.

3.7.3 Archaeological Studies Non envisaged.

3.7.4 Any other investigative works Topographical Surveys. This is currently being undertaken by Clare County

Council and will be made available in digital format. Any other investigative works, including CCTV surveys for the networks to be

advised by the consultant. In relation to the existing network the consultant will be required to re-examine CCTV data from the 2002 Ennis Main Drainage Preliminary Report Additional flow and load surveys to be undertaken at the main lift pumping

stations, the WWTP and other strategic locations in the network to establish accurately the hydraulic and organic design

3.8 Duties / Role of Consulting Engineer 3.8.1 The Consultant shall advise the client on contractual issues and prepare the draft

contract/ tender notices. 3.8.2 The Consultant shall prepare Designs, Contract Documents for the sewerage system,

including Civil Works Contracts, Mechanical and Electrical Contracts and Telemetry contracts in accordance with the Department of the Finance’s Capital Works Management Framework, Public Works Contracts. The Bill of Quantities shall be prepared in accordance with the Department of the Finance’s Capital Works Management Framework (CWMF), Public Works Contracts. An electronic copy of the documentation shall also be submitted on CD.

3.8.3 The contract documentation shall include drawings showing relevant details, plans section and elevations, specifications and Bill of Quantities.

3.8.4 The final recommendations shall be based on the most economic solutions and shall have undergone the rigours of the application of Value Engineering principles in order to ensure cost effectiveness in all cases.

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3.8.5 The Consultant shall prepare all documentation necessary to pre-qualify Contractors in accordance with the Capital works management Framework if required. , and shall manage the pre-qualification process on behalf of the Client.

3.8.6 At the construction stage, the Consultant shall: Evaluate tenders and prepare Report on Tenders. Prepare bar bending schedules and any further designs and drawings necessary for

the Contractors to enable them to carry out the work. Advise the Client on the appointment of Resident Site Staff. Issue instructions to the Contractor and make such site visits as are necessary to

ensure the works are properly constructed. Issue certificates of payment of the Contractor to the Client. Deliver to the Client, on completion of the works, a final Account, Record

Drawings and Maintenance Manual for the work. Assist in settling disputes or differences which may arise between the Client and

Contractor excepting litigation, conciliation or arbitration. 3.8.7 To assist Clare County Council in the procurement of a suitable contractor, 3.8.8 Having recommended a Contractor, the Client’s Representative shall then act in a

supervisory role on behalf of the client for the duration of the design, construction and commissioning of the plant and shall advise the Council on all contractual matters such as Insurances, Bonds, Project Supervisor Construction, contract documentation etc, as well as Claims, Payment Certificates and Final Account

3.8.9 The consultant shall prepare and collate as necessary all documentation requires for

the signing of any formal contract between the Client and a selected contractor. 3.8.10 The Consulting Engineer shall review, and revise if necessary, the outline proposals

contained in the Interim Report, in particular with regard to load / population projections and study, water quality standards for the receiving waters, effluent and sludge quality. He shall advise the Client of any and the design, cost and programme implications therein.

4. THE APPOINTMENT - EXTENT AND TERMS

4.1 Extent of Appointment The appointment shall be for the services outlined in the Brief and associated schedules. Clare County Council will be under no obligation to extend the appointment to other services or to other stages of the project. Clare County Council reserves the right to engage other consultants for additional services in connection with the project if they so wish.

4.2 Terms of Appointment

The terms of engagement will be in accordance with the Department of Finance - Standard Conditions of Engagement for Construction Consultants as published by the Department of Finance July 2008. The consultant is also required to complete Schedules A and B of the “Conditions of Engagement” which are also attached. The information provided on these Schedules will be incorporated into the Contract.

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These will form part of the contract along with the Brief. The programme submitted by the consultant shall also form part of the contract.

5. GENERAL 5.1 Conflict of Interest

Any conflict of interest or potential conflict of interest must be fully disclosed to Clare County Council. Any registerable interest involving the consultant and the Elected Members of Clare County Council, the Minister for the Environment, Heritage and Local Government, Members of the Oireachtas or employees of Clare County Council or the DOEHLG or their relatives must be fully disclosed in making the consultant’s submission or, in the event of this information only coming to the consultant’s notice after the submission of a proposal and prior to the award of the contract, should be communicated to Clare County Council immediately upon such information becoming known. The terms “registerable interest” and “relatives” shall be interpreted per section 2 of ‘The Ethics in Public Office Act, 1994’.

5.2 Tax Clearance Certificate

It is a condition for the award of this contract that the Consultant and all proposed sub-consultants must be able to produce a valid Tax Clearance Certificate or C2 certificate. The Consultant and all sub–consultants shall continue to hold valid certificates for the duration of the contract.

5.3 Withholding Tax

Under the Finance Act, 1987 a withholding tax must be deducted from payments for professional services. This tax will be deducted at the current rate from payments made to the consultant awarded the contract and will be remitted to the Revenue Commissioners.

5.4 Confidentiality

Clare County Council undertakes to use its best endeavours to hold confidential any information provided in the proposal submitted, subject to the Contracting Authority’s obligations under law, including the Freedom of Information Act, 1997(amended 2003). If a candidate considers that any of the information submitted in the proposal should not be disclosed because of its sensitivity, this should be stated with the reasons for considering it sensitive. In such cases the relevant material will, in response to FOI requests, be examined in the light of the exemptions provided for in the FOI act. The Contracting Authority will then consult with the consultant in considering any request received before replying to such a request.

5.5 Insurances 5.5.1 Professional Indemnity Insurance

The Consultant to whom the contract is awarded must have Professional Indemnity Insurance to cover all of its liabilities in connection with the project. The minimum value of the Professional Indemnity insurance cover for the Design and Construction stage shall be € 6,500,000. This cover is to be maintained from the start to completion of the services and ten years from certified practical completion of the Project works.

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5.5.2 Public Liability Insurance The Consultant to whom the contract is awarded must have adequate Public Liability Insurance, which will specifically indemnify Clare County Council to cover all of its liabilities in connection with the project. The minimum value of the insurance cover for the Design and Construction stage shall be € 10,000,000.

5.5.3 Employers Liability Insurance The Consultant to whom the contract is awarded must have adequate Employers Liability Insurance, which will specifically indemnify Clare County Council to cover all of its liabilities in connection with the project. The minimum value of the insurance cover shall be € 13,000,000. This cover is to be maintained from the start to completion of the services.

5.6 Client’s Supplied Documents

The following documentation will be made available to the successful consultant: County Development Plan & Local Area Development Plan. Ennis Main Drainage Scheme Preliminary Report Existing Mapping and Geodirectory under licence. Interim Measures Report to the Clonroadmore WWTP WWDA Application (available from www.epa.ie )

5.7 Dispute Resolution

In the event of any dispute arising with regard to this Services contract, which the parties are unable to settle, the dispute shall firstly be referred to Conciliation for resolution. Should a settlement not be reached at Conciliation, the dispute shall be referred to Arbitration. Arbitration shall in this instance mean the Arbitration Procedure 1987, as published by the Institution of Engineers of Ireland or any amendment or modification thereof, being in force at the time of the appointment of the Arbitrator. Should the parties fail to agree on an Arbitrator, the President for the time being of the Institute of Arbitrators shall be requested to nominate an Arbitrator.

5.8 Ownership of Documents and Copyright

Refer to relevant schedules. Of CoE 5.9 Law of the Contract

The laws of the Republic of Ireland will govern the Contract and any disputes shall be resolved in the Republic of Ireland.

5.10 Normal Services

5.10.1 The following items shall be deemed to fall under the heading of “Normal Services”

not subject to additional payment by the client for the appointment: Special geotechnical advice and calculations. Technical and Engineering advice, calculations and services. Technical advice, drawings and attendance at meetings, if so requested for the

works, of Local Authority Committees or statutory/ regulatory agencies. (Assume 1 No meeting)

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Preparation of draft proposals for Local Authority comment prior to submission of final proposals. Amendments to the draft and final Documents arising from Local Authority’s and

DOEHLG review of the documents. The use of Geodirectory, if required by the Consultant. Use of computers and other form of modern technology. Attendance at Progress Meetings as necessary( refer to section 3.2.5). All amendments to documents arising from the Local Authority’s or DEHLG

reviews.

5.10.2 Project Supervisor (Design Process)

The Consulting Engineer will act as Project Supervisor (Design Process) in accordance with The Safety Health and Welfare at Work (Construction) Regulations, 2006, S.I. 504 of 2006, for these works.

5.10.3 The existence of the contents of previous reports shall not relieve the Consulting Engineers of responsibility and liabilities under the professional Indemnity that it will be required to have in place.

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Appendix 1- Programme Outline Programme

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Appendix 2- Relevant material The following is a non-exhaustive list of relevant material:

Reports Ennis Main Drainage and Flooding Study Preliminary Report. Ennis Main Drainage Interim Measures Report Review of Clonroadmore WWTP Ennis North Waste water discharge application ( to the EPA)

Legislation The European Communities Quality of Shellfish Waters - Directives (79/923/EEC and

S.I. 268 of 2006) European Communities (Good Agricultural Practice for Protection of Waters),

Regulation S.I. 378 of 2006. Environmental Protection Agency Act, 1992 (Urban Waste Water Treatment)

Regulations (S.I. 254 of 2001 and S.I. 440 of 2004) implementing EC Directive 91/271/EEC concerning Urban Wastewater Treatment. Water Framework Directive 2000/60/EC and S.I. 722 of 2003 Waste Management (Use of sewage sludge in agriculture) Regulations (S.I. No. 148 of

1998 and S.I. 267 of 2001). The European Communities Shellfish Production - Directives (91/492/EEC and S.I.

147 of 1996). The Waste Management Act, 1996 and Implementing Regulations European Communities (Quality of Salmonid Waters) Regulations (S.I. 293 of 1988). European Communities Quality of Bathing Water Regulations (S.I. No.155 of 1992

and Amending Regulations implementing Directive 76/160/EEC) Bathing Water Quality Regulations (S.I. No. 79 of 2008) implementing Directive

2006/7/EC) European Communities (Nitrate) Directive 91/676/EEC - The protection of water

against pollution caused by nitrates from agricultural sources. Phosphorous Regulations S.I. No. 258 of 1998. Other National and EU legislation where applicable e.g. National Monuments Act

1994, Foreshore Act 1933, the Planning Acts, Legislation on Archaeology, N.H.A.’s, S.A.C’s and S.P.A.’s. European Communities (Good Agricultural Practice for Protection of Waters)

Regulations 2006 (S.I. No. 378 of 2006) EU Birds and Habitats directive (85/337/EEC) and EU Natural Habitat Regulations SI

94/1997, SI 233/1998, S.I. No. 378/2005 European Union: The Birds Directive 79/409/EEC European Union: Utilities Directive 2004/17/EC European Union: Water Framework Directive 2000/60/EC European Union: The Freshwater Fish Directive 78/659/EEC European Communities (Environment Impact Assessment) (Amendment) Regulations

(S.I. 659 of 2006) Planning and Development Regulations 2001 (S.I. 600 of 2001) Planning and Development Act 2000 Safety, Health and Welfare at Work (Construction) Regulations, 2006 Waste Management Act 1996 as amended in 2001 Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No 684 of 2007) Water Services Act 2007 and Regulations Wildlife Act 1976 and Wildlife amendment Act 2000

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Local Government (Water Pollution) Act, 1977 (Water Quality Standards for Phosphorus) Regulations 1998 (SI no 258 of 1998) Any other relevant national and EU legislation where applicable

Circulars & Guidance Notes Department of the Environment and Local Government “Procedures and Criteria in

relation to Storm Water Overflows” following on from the EU Urban Waste Water Directive. Department of the Environment, Heritage and Local Government Circular Letters

concerning Sludge Treatment; L6/94, L9/99 and WSIP1/05 Department of Environment Heritage & Local Government Circular Letters on

Polluter Pays Principle (Water Pricing Policy L16/02). Department of Environment Heritage & Local Government Circular Letters on Public

Private Partnerships (L10/01). Department of Environment Heritage & Local Government Circular Letters on Sludge

Treatment Department of Environment Heritage & Local Government Circular L7/06 & L1/06 Department of Environment Heritage & Local Government Circular L1/74 Department of Environment Heritage and Local Government Circular L12/06

Construction Procurement Reform Department of Environment Heritage and Local Government Circular L8/08

Standards BS 8005:1987 - British Standard for Sewerage and its current updated Eurocode

equivalent. BS 6297:1983 British Standard for Small Sewage Treatment Works The Water Research Centre - Sewerage Rehabilitation Manual. Current Design Standards for pipelines, treatment plants, Pumping plant etc., including

all relevant Irish and international Standards, Department of Environment Heritage and Local Government Circulars and Technical Papers Others Central Statistics Office Census Data The Irish National Sludge Strategy. National Policy in respect of sludge disposal Clare County Council, Draft Sludge Management Plan 2003 National Spatial Strategy National Water Study - WS Atkins Clare County Development Plan 2005-2011 Local Area Plans or Draft Local Area Plans for the town of Ennis and Environs and

any such other Local Area Plans and Action Area Plans as may be relevant Performance Management System recommendations published by the Water Services

National Training Group. Energy Recovery.

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