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HomeMy Public PortalAbout098-2018 - Donohue Engineering - Project DesignAGREEMENT ORIGINAL THIS AGREEMENT made and entered into this day of June, 2018, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Sanitary Commissioners and its Storm Water Management Board, with its office at 50 North 51' Street, Richmond, Indiana, 47374 (hereinafter referred to as the "City") and Donohue & Associates, Inc., 101 West Ohio Street, Suite 820, Indianapolis, Indiana 46204 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide professional engineering services related to the final design and bidding services of the Richmond Wastewater Treatment Plant ("WWTP") upgrades. On June 7, 2018, in response to a Request for Proposal from City, Contractor submitted a proposal to City of its Project Description/Scope of Services/Timing for its professional engineering services to design WWTP Phase 1 Improvements, perform biding services for the Phase 1 Improvements, and to complete the Preliminary Engineering Report ("PER") as prescribed by the Indiana Finance Authority ("IFA") for funding by a State Revolving Fund ("SRF") loan. Contractor's proposal is set forth in Exhibit "A", which is attached hereto and incorporated herein by reference. The PER will be completed from WWTP Secondary Treatment Systems Evaluation and Facility Plan developed by Contractor under a prior agreement. Exhibit "A" also includes Contractor's Fee Tabulation and Standard Hourly Rates & Reimbursable Expenses Schedule for this Project. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall furnish all labor, material, equipment, and services necessary for the proper completion of all work specified. Contractor's services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession under similar circumstances at the same time and in the locality where the services are performed. Professional services are not subject to, and Contractor does not provide, any warranty or guarantee, express or implied. Contractor shall submit statements or bills monthly. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION III. COMPENSATION Page 1 of 6 Contract No. 98-2018 City shall pay Contractor a sum not to exceed Nine Hundred Fifty -Five Thousand Six Hundred Dollars and Zero Cents ($955,600.00) for complete and satisfactory performance of the work required hereunder. The monies paid to Contractor are based upon an hourly fee schedule set forth in Exhibit "A", and attached with this Agreement. The monies paid to Contractor shall be paid 50% by the Richmond Sanitary District and 50% by the Stormwater Department. SECTION 1V. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until final completion of all work. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least thirty (30) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely manner its obligations under this Agreement; b. submission of a report, other work product, or advice, whether oral or written, by the Contractor to the City that is incorrect, incomplete, or does not meet reasonable professional standards in any material respect, provided that Contractor was notified in writing of deficiencies, given ten (10) working days to cure deficiencies and failed to remedy such deficiencies. c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims to the extent caused by Contractor's negligent conduct or performance or non-performance of this Agreement; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's negligent operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits Page 2 of 6 A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability (if applicable) Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate F. Errors & Omissions Insurance $1,000,000 per claim $2,000,000 aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public Page 3 of 6 interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22- 16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person action on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. Page 4 of 6 C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION X. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. The City hereby agrees to release and hold harmless the Contractor and all officers, employees or agents of the same from all liability which may arise in the course of City's performance of its obligations pursuant to this Agreement. SECTION XI. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement, Contractor is estopped from bringing suit or any other action in any alternative forum, venue, or in front of any other tribunal, court, or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. In the event of any breach of this Agreement by Contractor, and in addition to any remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. Any person executing this Contract in a representative capacity hereby warrants that he or she has authorization, in writing, by his or her principal to execute this Contract on behalf of the Contractor and that such authorization has not been revoked or rescinded. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" Page 5 of 6 "CONTRACTOR" THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: Sue Miller, President man a shi, Vice President Greg Steins, Member Dated: U / I gl I a The City of Richmond, Indiana, by and through its Storm Water Management Board Greg Steins, President Sue Miller, Vice President Z�2Aman er Dated: APPROVED: avid M. Sn , r Dated: Z�p Page 6 of 6 DONOHUE & ASSOCIATES, INC. By: Printed: yn►,J�,� Title:�.fjpE,��" Dated: PART PROJECT DESCRIPTION/SCOPE OF SERVICES/TIMING A. PROJECT DESCRIPTION Professional engineering services to design Richmond Wastewater Treatment Plant (WWTP) Phase 1 Improvements, perform bidding services for the Phase 1 Improvements, and to complete the Preliminary Engineering Report (PER) as prescribed by the Indiana Finance Authority (IFA) for funding by a State Revolving Fund (SRF) loan. The PER will be completed from the WWTPSecondary Treatment Systems Evaluation and Facility Plan developed by Donohue under a prior agreement and consisting of complete PER Chapters 1, 2, 3, 4, and 6 plus a partial Chapter 5 which only addresses flood elevations in the facility plan. A description of the proposed WWTP Phase 1 Improvements is as follows: 1. Primary Clarifier Pump Replacement a. Replace four (4) existing circular primary clarifier influent pumps with four new pumps rated for a firm capacity of 27 MGD and add variable frequency drives (VFDs) for the pumps. b. Primary clarifier pump replacement and VFD addition will be an alternate bid item. c. Verify the Primary Pump Building is compliant with NFPA 820. If it is determined that the existing building and/or ventilation system are not compliant with current NFPA 820 standards, then Engineer will recommend improvements. Design of any improvements determined to be needed for NFPA 820 compliance are not included in this scope of services. 2. Primary Clarifier Drains and Sampling Improvement a. Include installation of valves and/or piping to allow for only primary sludge routing to the existing sludge mix tank while completely draining the circular primary clarifiers to the aeration tanks rather than the sludge mix tank. b. Relocate the primary effluent sampling location to the new aeration tank flow split structure upstream of the RAS feed point. c. Add a flowmeter on the combined primary sludge line to the sludge mix tank. 3. New Aeration Tank Flow Split Structure with Valves a. Install new aeration tank flow split structure to combine circular primary clarifier effluent, rectangular primary clarifier effluent, return activated sludge (RAS), supernatant, and circular primary clarifier drain flows and to split the flow into nine (9) pipes to each of the nine aeration tanks. b. Install flow meters and downstream flow control valves on each pipe to modulate and maintain a near equal flow split to the nine aeration tanks. 4. Aeration Tank Improvements Exhibit 'A' - Page 1 of 13 a. Convert existing aeration tanks to an anaerobic / aerobic configuration. Install FRP baffle walls in the first pass (A -Pass) of each of the nine 3-pass aeration tanks to create an upstream anoxic/anaerobic zone and downstream aerobic zone. Install mixers in each anoxic/anaerobic zone. Anoxic/anaerobic zone sizing will be refined by design phase BioWin process modeling and will not exceed 2/3 of the A -pass volume based on process modeling performed during WWTP Secondary Treatment Systems Evaluation and Facility Plan development. b. Replace existing coarse bubble air diffusers with fine bubble membrane diffusers in the aerobic zones. Design may include provisions for future installation of diffusers in the possible second anoxic/anaerobic zones such that they could be converted to swing zones by adding diffusers in a future project. c. Rehabilitation of aeration tanks including precast walkway replacement in the A -passes with new metal grating, rehabilitation of concrete construction joint in the C-pass between Aeration Tanks 7 and 8 by epoxy injection of cracks and partial depth concrete rehabilitation, replacement of existing effluent boxes with a new baffle and weir system of stainless steel or fiberglass, and repair of handrail and handrail connections to existing deteriorated concrete. The rehabilitation of the aeration tanks is intended to be as described for the F-1 Priority items in the Grating and Railing Plant -Wide Assessment previously developed by Donohue under a separate Contract. d. Replacement of manually operated gates between passes in all nine (9) aeration tanks. 5. Aeration Blowers a. Replacement of two existing 800-HP blowers with two new approximate 300-HP single core turbo blowers or two new approximate 350-HP single stage integrally geared centrifugal blowers. Existing 500-HP multi -stage centrifugal blower is to remain for redundancy. b. Evaluate the installation of single stage integrally geared centrifugal blowers or single core turbo blowers with either air foil/bump bearings or magnetic bearings. c. Provide a new control system and modifications for 480-V power requirements of the new blowers. d. Blower Building ventilation improvements to the extent needed for the new blowers and remaining existing blower. 6. Final Clarifier Flow Split Structure Improvements a. Addition of electric actuators and level position indicators on four (4) existing 8' wide by 3' manually operated weir gates controlling flow to each final clarifier. Addition of a water level sensor in the final clarifier flow split structure. b. New control system to automatically adjust gates based on flow split structure water level to maintain a near equal water level over each weir gate. 7. Final Clarifier Improvements a. Replace existing pipe organ sludge collection mechanisms in all four final clarifiers with new single suction header, rapid sludge removal mechanisms. Exhibit 'A' - Page 2 of 13 b. Replace existing in -board, two-sided weir, effluent troughs with new concrete in -board effluent troughs mounted on the walls of the four clarifiers. c. Replace scum baffles and weirs with new fiberglass baffles and weirs. d. Install current density baffles in the four clarifiers. e. Rehabilitation of final clarifiers including new perimeter handrail systems, miscellaneous concrete rehabilitation around existing handrail mounts, and modifications to platform grating to adequately secure the existing grating panels. 8. RAS Flow Meter and Flow Control Valve Improvements a. Replace four sets of existing 14" flow meters, 14" flow control plug valves and 16" isolation valves with new 16" flow meters, flow control plug valves, isolation valves, and associated piping in the Sludge Pump and Metering Building. b. Modify elevation of the existing downstream RAS flow control weir plate and weir wall as required to ensure full pipe flow through the new larger magnetic flow meters while maximizing available differential, driving force, head from the existing final clarifiers. c. RAS flow meter and flow control valve improvements will be an alternate bid item. d. Engineer will evaluate the Sludge Pump and Metering Building to determine improvements needed for compliance with NFPA 820. If Building is currently classified as Class 1, Division 2 under NFPA 820 only due to insufficient ventilation, then Engineer will design needed ventilation system improvements. Design of improvements needed to improve the Sludge Pump and Metering Building's ventilation rate to 6 air changes per hour are included in this scope of services. 9. Rectangular Primary Clarifier Grating and Handrail Improvements a. Repair railing bar connections that have broken or completely separated in several locations around the rectangular primary clarifiers as identified in the Grating and Railing Plant -Wide Assessment previously developed by Donohue under a separate Contract. b. Replace existing corroded grating with new aluminum grating in various isolated areas around the rectangular primary clarifiers as identified in the Grating and Railing Plant - Wide Assessment. c. Repair aluminum walkways over the south end of the rectangular primary clarifiers. Repair is intended to include installation of grating retainer clips and removal and replacement of isolated grating panels that had previously been replaced in an incorrect orientation as identified in the Grating and Railing Plant -Wide Assessment. 10. SCADA System Upgrades a. Replace existing Bristol DPC-3300 or GE 90/30 process control hardware and associated input / output (1/0) modules with new Emerson Control Wave, Control Wave Micro programmable logic controllers (PLCs) and ethernet based remote 1/0 in each of the below listed locations. 1) Old Lab Building (serving the seven rectangular primary clarifiers) 2) Filter Building (2 units) Exhibit 'A' - Page 3 of 13 3) Intermediate Pump Building (2 units, one serving the centrally located HMI computer system and one controlling the ICE/RAS pumps) c. Install new Control Wave Micro PLC with limited 1/0 in the Existing Blower Building associated with the Blower Building process improvements. d. Modifications to utilize the existing fiber optic cable infrastructure throughout the WWTP to serve the plant communication needs of the new processors. e. Similar PLC upgrades in the Primary Pump Building, Primary Clarifier Control Building No. 1, and Primary Clarifier Control Building No. 2 (serving the circular primary clarifiers and associated primary clarifier influent pumps) are not included in the project scope of services and are intended to be performed by others under separate contract with Richmond Sanitary District priorto the Phase 1 Improvements Project construction phase. B. SCOPE OF SERVICES Services to be provided by the Engineer for this Project under this Agreement are as follows: 1. Project Development and Management a. Assign Steve Gress as the Project Manager who will coordinate project activities and will be the principal liaison between the District and Engineer. b. Prepare a project work plan containing the project background, project goals and objectives, task based project scope, project schedule, listing and schedule of deliverables. c. Conduct a project kick-off meeting with the District's representatives to review project goals and objectives and to review the proposed project schedule. d. Provide monthly progress reports to the District to document services performed and schedule status. This is typically performed as part of the monthly project invoicing routine. 2. Richmond WWTP Phase 1 Design Services a. Process Design and Layout Phase 1) Review applicable available studies, reports, facility discharge flow charts, drawings, design summaries, and other existing facility information regarding the District's existing facilities. 2) Perform preliminary equipment selection based on preferences of District's staff and Engineer recommendations. For the single core turbo blowers, evaluate blowers with high speed air foil/bump bearings versus magnetic bearings. 3) Prepare unit process design calculations for an 18 mgd design average flow capacity and a 36 mgd peak flow capacity. Exhibit 'A' - Page 4 of 13 4) Perform hydraulic evaluation of treatment plant from primary clarifier weirs through final clarifier weirs for unit process improvements and to determine hydraulic bottlenecks and recommended hydraulic improvements to achieve 36 mgd peak flow rate through the treatment plant as currently rated for peak flow. 5) Determine sizing requirements for the unit process improvements and the new anaerobic/aerobic (A/O) configuration system components. 6) Contract for topographic site survey services as needed to design the project. 7) Contract as needed for geotechnical engineering services for subsurface geotechnical exploration at the new aeration tank flow splitter structure location to determine the likely subsurface foundation conditions to aid in the structural design of the proposed structure. 8) Prepare flow sheets for the proposed improvements and conduct an internal flow sheet review meeting. Develop operation and control strategies for primary clarifier pumps and VFDs, aeration tank influent flow splitter, anoxic/anaerobic zones, automatic DO control in aeration tanks, turbo blowers, final clarifier influent flow splitter, new final clarifier mechanisms, and RAS flow meters and flow control valves. 9) Prepare preliminary process and instrumentation diagrams (P&IDs) after the flow sheet meeting. 10) Develop new process motor list and other electrical loads. 11) Identify major utilities and their approximate locations within the project site limits. 12) Utilizing available facility drawings and mapping, field visit observations, and discussions with the District, prepare preliminary layout drawings for project facilities and conduct an internal preliminary layout review meeting. 13) Prepare a process design and layout phase submittal consisting of written descriptions of the project indicating the proposed facilities along with the basis for selection, the final design criteria, a summary of preliminary hydraulic design calculations, a listing of any potential conflicts including environmental impacts and recommended solutions, any special construction requirements/procedures that may be known at the preliminary design stage, and the process design and layout phase drawings. 14) Prepare a preliminary opinion of the probable construction cost based on the preliminary layout drawings. 15) Perform an internal quality review of the preliminary layout drawings, project design description, and preliminary opinion of the probable construction cost. 16) Submit up to eight (8) printed sets (half size drawings) and/or a PDF copy of the process design and layout phase submittal to the District for review and comment. 17) Conduct a process design and layout review workshop with the District's representatives to get their review comments and input on any necessary changes for the project design. Prepare workshop notes documenting proposed changes to the process design and layout phase completion Exhibit 'A' - Page 5 of 13 documents and incorporate comments and any necessary changes into the design. b. Final Layout Phase 1) Complete hydraulic, structural, and other computations to define final size and location of new structures and existing structure modifications. 2) Develop final layout drawings, with designer notes for final layout review and approval. 3) Perform internal MID critique and final layout meetings. Revise P&IDs and final layout drawings after these meetings. 4) Prepare an index of proposed specifications for the final layout submittal. 5) Update the opinion of the probable construction cost based on the completed final layout design documents. 6) Perform an internal quality review of the final layout drawings, index of proposed specifications, and updated opinion of the probable construction cost. 7) Submit for review and comment by the District up to eight (8) printed sets and/or a PDF copy of the final layout drawings (half size), specifications index, the final design criteria, a summary of final hydraulic design calculations, any special construction requirements/procedures that may be known at the final layout design phase, a listing of permits required for construction approval, and the updated opinion of the probable construction cost. 8) Conduct a final layout review workshop with the District to get the District's review comments and input on any necessary changes for the project design including design changes to reduce the construction cost. Prepare workshop notes documenting proposed changes to the final layout design completion documents and incorporate comments and any necessary changes into the design. C. Final Design Construction Drawings Phase 1) After incorporation of the final layout workshop review comments and requested changes, prepare and distribute base sheet drawings to design disciplines in order to develop construction drawings for one prime contractor. Drawings will be developed using the Engineer's CADD standards. 2) Finalize MID drawings. 3) Prepare construction specifications utilizing the Engineer's master specifications. a) Front end bidding and contract documents will be prepared using applicable Engineers Joint Contract Documents Committee (EJCDC) documents for Division 0. b) Technical specifications will be prepared using the Construction Specifications Institute (CSI) 3-part format for 16 Divisions. 4) Conduct an internal meeting to coordinate location and specifications of wired components. Exhibit 'A' - Page 6 of 13 5) Perform an internal designer review of the prepared final design construction drawings and specifications and then incorporate review comments. 6) The opinion of the probable construction cost will be updated based on the prepared final design construction drawings and specifications after designer review comments are incorporated. Also, revise the opinion of probable construction cost if necessary after the quality review comments are incorporated. 7) Perform an internal quality review of the final construction drawings and specifications after designer review comments are incorporated. Incorporate quality review comments. 8) After incorporation of quality review comments, submit up to eight (8) printed sets and/or a PDF copy of the final design construction drawings (half size), specifications, and updated opinion of the probable construction cost to the District for review and comment. 9) Conduct a final construction drawings and specifications review workshop with the District's representatives to get their review comments and input on any necessary changes for the project design. Prepare workshop notes documenting proposed changes to the final construction drawings and specifications. 10) Prepare and assist the District in submitting applications after incorporating the final design construction drawings and specifications workshop review comments into the final design documents to file for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the project. Provide technical input and assist the District in consultations with appropriate authorities as required to secure permits or approvals from the governmental authorities. The District shall pay the cost for submitting all regulatory agency permit applications. 11) Incorporate review comments received from the District and from the government agencies to which construction permit applications were submitted to finalize the drawings and specifications for bidding. Drawings for bidding purposes will be reproduced at half size unless electronically distributed. The final documents will be signed and sealed by registered professional engineers in the State of Indiana. The drawings and specifications will be prepared for the designed improvements to be bid as one project. 3. Phase 1 Bid Phase Engineering Services a. Prepare a Notice to Bidders and submit it to the District to publish twice in a local newspaper. The cost of publication will be paid by the District. b. A website-based document distribution service will be utilized to distribute bidding documents and addendums in digital format. This website service will be utilized to post the notice to bidders and the bid amounts for the received bids. Provide up to five (5) printed sets and a PDF electronic copy of the final design construction drawings (half-size Exhibit 'A' - Page 7 of 13 or full-size) and the Project Manual to the District for display to potential bidders (two copies) and for the District's reference (up to three copies). c. Conduct a pre -bid conference to describe project work and answer prospective bidder questions. Prepare and issue meeting minutes. d. Prepare addenda as appropriate to interpret, clarify or expand the bidding documents and issue the addenda to prospective bidders. e. Consult with District concerning the acceptability of substitute materials and equipment proposed by contractors when substitution prior to the award of a contract is allowed. f. Assist District in the bid opening, prepare a bid tabulation analysis of bids, prepare recommendations for contract award, prepare a contract award resolution, and submit to the District for adoption of the contract award resolution or rejection of all bids. g. If the District adopts the contract award resolution, prepare and assist the District in submitting post bid documentation to the Indiana SRF in order to get approval from SRF for the District to award a construction contract. If the District desires to obtain a GPR Sustainability Incentive under the SRF Program, then prepare for submittal with the post bid documentation, a GPR Final Bid Summary. In. Assist the District to provide information requested by the Indiana SRF, financial consultant, and bond counsel in order to close on the SRF loan. i. After SRF approves the post bid documentation and authorizes award of a construction contract, then prepare a notice of award to be sent to the selected construction contractor along the construction contract. Assist the District in preparing construction contract, and advise the District on the acceptability of subcontractors and material suppliers proposed by the contractor for this project. 4. Preliminary Engineering Report Completion Based On Previously Developed WWTP Secondary Treatment Systems Evaluation and Facility Plan a. The PER report is to be prepared in the format prescribed by the Indiana Finance Authority (IFA) for funding by a SRF loan. b. Complete PER Chapter 5 - Evaluation of Environmental Impact 1) Engineer will identify the potential negative impacts of the project on the environment and the mitigation measures that may be needed. Prepare required environmental graphics as identified by Indiana SRF in its guidance documents for PER preparation. 2) Environmental concerns include farmland, soils/geology, air quality, noise, groundwater, drinking water, floodplains, wetlands, surface waters, endangered plants and animals, historic or archeological sites, recreational spaces, landmarks, construction impacts, and other indirect impacts. Exhibit 'A' - Page 8 of 13 3) Engineer will rely generally upon readily available information, and no additional studies or subconsultant services are included in this PER scope of services. 4) Engineer will draft the fifth chapter of the PER summarizing the findings of the environmental evaluation. c. Prepare PER Chapter 7 - Legal, Financial, and Managerial Capabilities 1) Prepare the Authorized Representative Resolution and PER Acceptance Resolution, and submit to the Sanitary Board President for adoption; and then include both Resolutions in the PER. 2) Prepare and include the completed SRF Project Cost/Financing Information form. 3) Include Letters of Intent as applicable to significant flow/wasteload contributors and any applicable contract operator, such as but not limited to, sludge disposal contractor. 4) Include Inter -local Government Agreements, and/or Contracts or intent to obtain either. 5) Address the status of the required Asset Management Program for the wastewater utility, and if an Asset Management Program does not already exist, indicate the schedule for preparing it. 6) Engineer will draft the seventh chapter of the PER summarizing the above required information. d. Prepare PER Chapter 8 - Public Participation 1) Draft a notice for the public hearing for the District to have published. Include a copy of the Publisher's Affidavit from the local newspaper with the public hearing notice. The District will pay for the cost to publish the notice. 2) Notify significant flow/wasteload contributors or rate payers about the public hearing. 3) Have copies of the prepared PER Chapters 1 thru 7 available for public review ten (10) days prior to the public hearing. 4) The District intends to prepare the presentation, deliver the public hearing discussion about the project, and address public comments regarding the project. The District will arrange for the location of meeting. District will supply a court reporter/stenographer for preparation of a written transcript of the public hearing or the District shall prepare minutes. 5) Include in the PER the public hearing transcript or minutes and all written comments submitted by the public, including comments submitted during the public hearing and during the 5-day period following the hearing. Also include any response to comments provided by or on behalf of the participants. 6) Prepare and provide self -sticking mailing labels and/or email addresses for submittal to Indiana SRF, which may include the following: i. Attendees from the public hearing sign -in sheet. Exhibit 'A' - Page 9 of 13 ii. Interested parties (those individuals, industries, groups, organizations who demonstrated an interest in receiving copies of the Environmental Assessment/Finding of No Significant Impact). iii. Adjoining property owners to the project (names and addresses to be provided by the District). iv. County Drainage Board (contact names and addresses to be provided by District). v. County Health Department (contact names and addresses to be provided by District). vi. Active Regional Planning Commission for the planning area (contact names and addresses to be provided by District if a regional planning commission exists). vii. Local media outlets (newspaper, radio, or TV station). viii. Customer communities. 7) Engineer will draft the eighth chapter of the PER summarizing the above required information. e. PER Documentation and Approval 1) Edit the previously prepared PER chapters for the public hearing based on review comments received from the District, and prepare an updated PER for submittal to the District. Up to five (5) printed copies plus one electronic copy of the updated PER will be submitted and presented at a meeting of the Richmond Sanitary District Board. The updated PER is to contain the following: • Executive Summary • Chapter 1— Project Location • Chapter 2 — Current Situation • Chapter 3 — Future Situation • Chapter 4 —Evaluation of Alternatives • Chapter 5 — Evaluation of Environmental Impact • Chapter 6 —Selected Plan • Chapter 7 — Legal, Financial & Managerial Capabilities Exhibit 'A' - Page 10 of 13 • Chapter 8 — Public Participation • Figures and appendices associated with the above chapters 2) Prepare a letter of transmittal for the Sanitary Board President, authorized SRF signatory, to sign, and deliver up to three (3) printed copies of the final PER to Indiana SRF to review and prepare comments. 3) Prepare responses to review comments received from Indiana SRF, and submit the responses to Indiana SRF along with a signed transmittal letter from the Sanitary Board President. C. PROJECTTIMING 1. Engineer shall be authorized to commence the Services set forth herein upon execution of this Agreement. The project milestone schedule based on authorization to commence by June 29, 2018 is as follows: Richmond WWTP Phase 1 Improvements and PER - Milestone Project Schedule Task Description Approximate Date Design of Phase 1 Improvements July 2018- May 2019 Preparation and Submittal of PER July — September 2018 Anticipated Approval of PER December 2018 Permit Applications Submittal with Plans and Specifications May 2019 Permit Applications Approved August 2019 Project Bidding August — September 2019 SRF Loan Closure November 2019 Construction Contract Award December 2019 Initiation of Phase 1 Improvements Construction January 2020 Anticipated Construction Substantial Completion December 2021 Anticipated Construction Final Completion April 2022 2. Engineer's services under this Agreement will be considered complete when Engineer has completed the above described bidding services scope of work that will follow after above listed Phase 1 design services and the PER completion services. PART II DISTRICT RESPONSIBILITIES A. In addition to other responsibilities of District set forth in this Agreement, District shall: 1. Identify a person authorized to act as the District's representative to respond to questions and make decisions on behalf of District, accept completed documents, approve payments to Engineer, and serve as liaison with Engineer as necessary for Engineer to complete its Services. Exhibit 'A' - Page 11 of 13 2. Furnish to Engineer copies of existing documents and data pertinent to Engineer's Scope of Services, including but not limited to, where applicable and where not previously furnished: previous facility plan and PER studies; design and record drawings for existing facilities; monthly reports of operation in Microsoft Excel format; equipment operation and maintenance (O&M) manuals; property descriptions; land use restrictions; surveys, GIS information, and topographical survey information; geotechnical; and environmental studies or assessments. District shall be responsible for all requirements and instructions that it furnishes to Engineer pursuant to this Agreement, and for the accuracy and completeness of all reports, data, programs, and other information furnished by District to Engineer pursuant to this Agreement. Engineer may use and rely upon such requirements, instructions, reports, data, programs, and information in performing or furnishing services under this Agreement, subject to any express limitations or reservations provided by District applicable to the furnished items. 4. Provide to Engineer existing information regarding the existence and locations of utilities and underground facilities. 5. Provide Engineer safe access to premises necessary for Engineer to provide the Services. 6. Inform Engineer whenever District observes or becomes aware of a Hazardous Environmental Conditions that may affect Engineer's Scope of Services or time for performance. PART III COMPENSATION, BILLING AND PAYMENT A. Compensation for the work as defined in the Scope of Services (Part I) of this Agreement that is performed in 2018 shall be in accordance with Engineer's standard 2018 charge -out rates included on the following page. Engineer's standard 2019 charge -out rates have not yet been developed but will not increase by more than 3-percent rounded to the nearest $5 increment. Routine expenses will be billed at cost and subconsultant costs will include a 10% markup. The total cost for these services and expenses will not exceed $955,600. This total cost includes approximately $896,500 for design services, $39,200 for bidding services, and $19,900 for PER finalization. B. Engineer will bill District monthly, with net payment due in 30 days. C. Engineer will notify District if project scope changes require modifications to the above -stated contract value. Services relative to scope changes will not be initiated without written authorization from the District. Exhibit 'A' - Page 12 of 13 Donohue & Associates, Inc. 2018 Billing Rates Employee Engineer/Specialist IX $240 Engineer/Specialist Vill $230 Engineer/Specialist VII $210 Engineer/Specialist VI $190 Engineer/Specialist V $175 Engineer/Specialist IV $155 Engineer/Specialist III $140 Engineer/Specialist II $130 Engineer/Specialist 1 $115 Technician II Technician 1 $90 $80 Administrative Assistance 111 $80 Administrative Assistance II $70 Administrative Assistance 1 $60 Notes: Labor charge -out rates are for normal work week. Billing rates above are in effect for 2018. Billing rates for 2019 have not yet been developed but will not increase by more than 3-percent rounded to the nearest $5 increment. Mileage is billed at the current IRS stipulated rate. Printing and reproductions are billed at cost. Exhibit 'A' - Page 13 of 13