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PROFESSIONAL AGREEMENT
This Agreement, made as of the I? rt... day of ..J-u,.jz.-, in the year Two
Thousand and Six by and between the JEFFERSONVILLE SANITARY SEWER BOARD,
JEFFERSONVILLE, INDIANA (hereinafter called OWNER) and Ql}EST ENGINEERS, INC.
(hereinafter called ENGINEER).
WHEREAS, the OWNER desires to retain the ENGINEER to provide services set forth
in Section 2, Scope of Services, for the Phase 2 Expansion of the Downtown Wastewater
Treatment Plant (WWTP) (hereinafter called the PROJECT) from 6 million gallons per day
(MGD) to 9 MGD average daily flow (ADF) and from 25 MGD to 34 MGD peak hourly flow
(PHF).
NOW, THEREFORE, the OWNER and ENGINEER in consideration of their mutual
covenants herein agree with respect to the performance of professional engineering services
"",by ENGINEER and the payment for those services by OWNER, as set forth below.
ENGINEER shall serve as OWNEWS professional engineering representative in those
segments of the PROJECT to which this Agreement applies, and will give consultation and
advice to OWNER during the performance of services.
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SECTION 1 - ENGINEER's Respo;nsibility
1.1 The ENGINEER shall provide all professional services as set forth in Section 2,
Scope of Services.
1.2 The ENGINEER shall be responsible for the professional quality, technical accuracy
and the coordination of al~ designs, drawings, specifications, reports and other
services furnished by ENGINEER under this Agreement.
SECTION 2 - Scope of Services
The existing Jeffersonville WWTP was constructed in 1994 to treat an ADF of 5.2
MGD and a PHF of22.8 MG;D. The unit processes incorporated into the plant design
included influent and effluent flow metering, screening, grit removal, oxidation ditch
biological treatment, final clarification, return activated sludge/waste activated
sludge (RAS/WAS) pumping, chlorine disinfection, cascade post aeration, gravity
sludge thickening, aerobic sludge digestion, and sludge dewatering with belt filter
presses.
A Phase 1 expansion project, which is nearing completion, is designed to upgrade
plant capacity to 6 MGD and 25 MGD for ADF and PHF conditions, respectively.
The improvements being implemented include the addition of anoxic selector basins
and supplemental fine bubble diffused aeration for the oxidation ditches, partial
variable frequency drive (VFD) control of the RAS/WAS pumps, conversion to
ultraviolet (UV) disinfection, and the addition of fine bubble post aeration.
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Under Phase 2, the ENG1NEER will provide engineering services for a 50%
expansion of WWTP average daily capacity to 9 MGD and an increase in PHF
capabilities to 34 MGD.
A future Phase 3 project is planned to expand the Jeffersonville WWTP to an average
daily capacity of 12 MGD with a peak hourly rating of 50 MGD. All of the proposed
components in this Phase 2 expansion, which are listed below, will be designed and
positioned to accommodate the future Phase 3 project.
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· Additional bar screen capacity. Number and size of units to be evaluated for
future capital cost savings.
· Additional grit removal. Number and size of units to be evaluated for future
capital cost savings.
· Rerating existing oxidation ditch capacity. This will include in-situ testing of
oxygen transfer efficiencies to determine the adequacy of the existing aerators.
If required, aerator motor size will be increased or modifications to the
supplemental diffused aeration system will be implemented.
· Additional final clarification. Number and size of units to be evaluated for future
capital cost savings.
· New RAS/W AS pump station to serve the proposed and future clarifiers.
· Additional UV disinfection equipment and channel construction.
. Expansion of the fine bubble diffused aeration system for post aeration.
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· Replacement of the effl~ent flume.
· Plant outfall improvements. This will include a new parallel 48-inch effluent line
from the plant to the Tenth Street Pump Station and assumes that there is
adequate capacity in the existing pipe network downstream of the station to
handle the projected peak flows.
. Minor modifications. This includes the odor control facilities, equipment
upgrades, and Administration Building modifications deemed necessary under the
proposed expansion project.
Upon execution of this Agreement, the ENGINEER is authorized to perform the
scope of services described herein.
2.1 Meeting Attendance
ENGINEER will attend the ,first Jeffersonville Sanitary Sewer Board meeting of each
month to ensure that effective communication and coordination is being maintained
during the design, bidding, and construction phases of the PROJECT.
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2.2
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2.2.1
2.2.2
2.2.3
2.2.4
2.2.5
2.3
Design
Based on the OWNER'S "Request for Qualifications" and the ENGINEER'S "Project
Understanding" contained in the December 12, 2005 "Statement of Qualifications"
ENGINEER will:
Provide professional design services including site, profiling, and topographical
survey work; normal sanitary, civil, structural, mechanical, and electrical
engineering; and incidental architectural services with regard to the Phase 2 WWTP
expansion to 9 MGD ADF and 34 MGD PHF, including the new 48-inch outfall line.
Easements are not anticipated for the proposed line work since it will parallel the
existing alignment and will be primarily in existing rights-of-way. If said documents
are required, they will be prepared under the additional services provisions of Article
3.6.
Provide detailed plans and specifications to show: necessary features in the design
to accommodate future expansions; the character and scope of the work to be
performed by contractors on the PROJECT; instructions to bidders; general
conditions; bid forms; and technical specifications. The plans will be reviewed with
the OWNER and subsequently submitted to appropriate local, state and federal
agencies for approval upon written authorization.
Provide a total of fifteen (15) sets of plans and specifications for the OWNER and
local, state and federal agencies for review and" as bid" files. Documents to be used
for bidding will be paid for by parties requesting copies.
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Prepare a detailed opinion of construction cost based on the final plans and
specifications.
Assist the OWNER in obta,ning necessary permits and approvals from the Indiana
Department of Environme:q.tal Management (IDEM) and other agencies as required,
including coordination for State Revolving Fund (SRF) Loan.
Bidding
The ENGINEER will assist the OWNER in advertising for bids, service to bidders,
prebid conference, bid opening, bid review, coordination with the IDEM, and award
recommendation. Recom~endations will be made with respect to accredibility of
contractors and subcontra~tors and other persons and organizations proposed by the
general contractor for those portions of the work that such accredibility is required
by the Contract Documents.
2.4 Services During Construction
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The ENGINEER will perform the following services for the construction period
specified in the Contract ~ocuments.
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2.4.1
Conduct monthly on-site meetings with the OWNER'S representative, WWTP staff,
general contractor, pertinent subcontractors, and the Resident Construction
Representative to review construction progress, discuss issues, and ensure proper
communication and coordination between all parties.
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2.4.2 Provide consultation and advice on construction matters including periodic visits to
the site by the construction coordinator and/or appropriate design engineers to
observe the progress and quality of the executed work, and to determine if the work
is proceeding in general accordance with the Contract Documents. The ENGINEER
will consult with and advise OWNER as to the acceptability of substitute materials
and equipment proposed by contractor(s) when substitution is permitted by the
Contract Documents. Substitutions shall not be made without prior written
permission from the OWNER. The ENGINEER will not be responsible for and will
not have control or charge of the construction methods or procedures or the safety
precautions and programs incident thereto.
2.4.3 Review shop drawings, diagrams, illustrations, samples and schedules, the results of
tests and inspections, and other data which the contractor is required to submit to
demonstrate conformance with the design concept of the PROJECT. The
ENGINEER will observe as required shop, laboratory, or on-site tests of equipment
and/or materials related to the submittals described in this Article.
2.4.4 Review and, if appropriate, recommend progress payments to the construction
contractor.
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2.4.5
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Furnish a set of reproducible (and digital) record prints of the construction plans,
based on prints marked by the contractor, to show those changes made during
construction which the ENGINEER considers significant.
2.4.6 Provide prompt written notice to OWNER whenever ENGINEER becomes aware of
defects or changed circumstances in the PROJECT.
2.4.7 Make a final technical inspection of the PROJECT with the OWNER'S
representative.
2.4.8 Provide certification as to completion of the PROJECT according to the approved
Contract Documents.
2.5 Geotechnical Report
2.5.1 Retain a geotechnical engineering firm subject to OWNER'S approval to explore
subsurface conditions at the WWTP site.
2.5.2 Upon completion of subsurface exploration and laboratory testing, a final report will
be prepared which will outline the results of the exploration and conclusions with
recommendations pertaining to the design and construction of the proposed
structural elements.
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2.6
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2.6.1
2.6.2
2.6.3
2.6.4
2.7
Operation and Maintenance (O&M) Manual
The ENGINEER will:
Prepare an O&M Manual to serve as a basic reference tool for operator training and
WWTP operation and maintenance.
Prepare an O&M Manual in compliance with IDEM guidelines.
Furnish five (5) draft copies for review by the OWNER and IDEM.
Furnish five (5) copies of the final manual to the OWNER upon completion of the
reVIews.
Start-up
The ENGINEER will make available a Class IV Operator who will:
2.7.1 Coordinate field tests and start-up required of the equipment manufacturers.
2.7.2 Assist OWNER in correcting deficiencies associated with initial start-up and
operation of the wastewater treatment facility.
2.8
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2.8.1
Final Plan of Operation
The ENGINEER will prep~re the Final Plan of Operation including:
· Staffing and training requirements
· Records keeping
· Process monitoring and control
· Safety
· Emergency operations
· O&M requirements
· Budget requirements
· Other necessary administrative requirements
2.8.2 Provide five (5) copies of the Final Plan of Operation.
2.9 In-Situ Oxygen Transfer Testing
The ENGINEER will:
2.9.1 Retain a firm, subject to the OWNER'S approval, to conduct in-situ oxygen transfer
testing to determine:
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· Amount of oxygen needed at peak organic loadings.
· Adequacy of the existing aerators.
· Need for supplemental aeration.
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2.9.2 Furnish five (5) copies of the results upon completion of the reviews.
2.10
2.10.1
2.10.2
2.10.3
2.10.4
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2.10.5
2.10.6
2.10.7
2.10.8
2.10.9
2.10.10
2.10.11
2.11
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Resident Construction R~presentation
The ENGINEER will furnis~ one resident construction representative, for the time
specified in the Contract Documents, who will be directed by the ENGINEER to
provide reports on progress of the work and on the contractor's compliance or
noncompliance with the Contract terms through on-site observation of the work.
The performance of these services shall not make the ENGINEER responsible for the
contractor's construction methods or procedures or the safety precautions or
programs incident thereto. The Resident Construction Representative will:
Attend the monthly on-site construction progress meetings.
Coordinate the establishment of the necessary lines and grades which are to be
furnished by the construction contractor.
Visually inspect and approve or reject materials, equipment, and supplies to be
delivered to the site of the work.
Observe the contractor's work with respect to quality, suitability and
conformance with the Contract requirements, and provide prompt notice to
OWNER of any observed defects or failure on the part of contractor to conform to
the Contract requirements.
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Keep records of constructIOp an msta atIOn progress.
Make measurements and prepare monthly and final payment computations for
work done by the construction contractor.
Review maintenance and operation instructions and parts lists which the
construction contractor submits in compliance with the Contract Documents.
Receive, process and handle shop drawings filed at the PROJECT site.
Assist the OWNER in preparing for inspection and progress reviews by regulatory
agenCIes.
Review reports of testing laboratories.
Make a final technical inspection of the PROJECT in company with the
OWNER'S representative.
Training
When requested by the OWNER, the ENGINEER will provide a Class IV
. Operator to assist with the. following:
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2.11.1
Provide operator training for the O&M of each major treatment system
component.
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Instruct OWNER'S operating personnel on routine maintenance procedures and
the use of the O&M Manual.
2.11.2
SECTION 3 - Additional Services
If authorized in writing by the OWNER, the ENGINEER will provide additional
professional services in connection with the PROJECT as set forth below.
Compensation for these services will be negotiated by the OWNER and ENGINEER
when written authorization to proceed is given by the OWNER. Additional services
include but are not limited ~o:
3.1 Services due to discretionary changes in the scope of the PROJECT by the OWNER,
including but not limited to, change in size, complexity, schedule or character of
construction. This includes .an increase in the construction period greater than the
time specified in the pre bid Contract Documents.
3.2 Revising studies, reports, design documents, drawings or specifications or portions
thereof which are due to Cal,lse beyond the control of ENGINEER.
3.3 Preparation of documents for out-of-sequence work requested by OWNER.
3.4 Preparation of detailed renderings, exhibits or scale models for the PROJECT at the
request of the OWNER.
3.5 Providing planning surveys, site evaluations and comparative studies of prospective
sites.
3.6 Providing legal surveys, easements, plats, legal descriptions, and negotiation
assistance in OWNER'S procurement of easements and rights-of-way.
3.7 Furnishing additional copies of reports, plans, and specifications over the number
set forth in this Agreement.
3.8 Investigations involving detailed consideration of feasibility studies, appraisals and
valuations, detailed quantity surveys of material and labor, and material audits or
inventories required by OWNER beyond what is normally customary.
3.9 Assistance in obtaining local permits and approvals of authorities having a
jurisdiction over the PROJECT, other than permits and approvals from IDEM and
agencies of the OWNER.
3.10 Providing design services relating to future facilities; systems and equipment which
are not intended to be constructed or operated as part of the PROJECT.
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3.11 Providing services in connection with evaluating, analysis, and rehabilitation of the
existing collection system for removal of inflow and infiltration, including, but not
limited to, flow monitoring, 'smoke testing, dye tracing, televising, and cleaning.
3.12 Providing services as an expert witness for OWNER in connection with litigation or
other proceedings involving the PROJECT.
3.13 Providing other services not otherwise provided for in this Agreement, including
services normally furnished by the OWNER as described in Section 4 herein.
SECTION 4 - OWNER'S Responsibilities
The OWNER shall:
4.1 Provide full information as to his requirements for the PROJECT.
4.2 Assist ENGINEER by placing at his disposal all available information pertinent to
the PROJECT including previous reports and any other data relative to the
PROJECT.
4.3 Guarantee access to and mlfke all provisions for ENGINEER to enter upon public
and private property as required for ENGINEER to perform his services.
4.4
Examine all studies, reports, sketches, drawings, specifications, proposals, and other
documents presented by ENGINEER; obtain advice of an attorney, insurance
counselor, and other consultants as OWNER deems appropriate for such
examination; and render in writing decisions pertaining thereto within a reasonable
time so as not to delay the services of ENGINEER.
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4.5 Designate in writing an OWNER'S representative with respect to ENGINEER'S
services. Such representative shall have complete authority to transmit instructions,
receive information, and interpret and define OWNER'S policies and decisions with
respect to materials, equipment, elements and systems pertinent to ENGINEER'S
services.
4.6 Give prompt written notice to the ENGINEER whenever OWNER observes or
otherwise becomes aware of any defect in the PROJECT, or changed circumstances.
4.7 Furnish, or direct ENGINEER to provide, necessary additional services as stipulated
in Section 3 of this Agreement or other services as required.
4.8 Bear all costs incident to compliance with the requirements of this Section 4.
4.9 Provide reports, site survey(s) including property boundaries, easements, rights-of-
way, utility locations, property descriptions, zoning and deed restrictions, all of which
ENGINEER may rely upon in performing his services.
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4.10
Give prompt written notice to the ENGINEER whenever OWNER observes or
otherwise becomes aware of any defect in the PROJECT, or changed circumstances.
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SECTION 5 - Time of Performance
5.1 The provisions of this Section 5 and the various rates of compensation for
ENGINEER'S services provided for in this Agreement have been agreed to in
anticipation of the orderly and continuous progress of the PROJECT. Notice-to-
Proceed will be issued July 1, 2006 with a nine-month duration for completion of
design. ENGINEER will make every effort to meet the deadlines established by the
OWNER.
5.2 Neither the ENGINEER nor the OWNER shall be responsible for any delays in the
performance of their services hereunder caused by strikes, action of the elements, act
of any government, civil disturbances, acts of construction contractors, litigation, or
any other cause beyond their reasonable control or for the expenses or consequences
arising from such delays.
5.3 If ENGINEER'S services for the PROJECT are delayed or suspended in whole or in
part by OWNER or governmental authorities for more than six months for reasons
beyond ENGINEER'S control, the payments and various rates of compensation
provided for in Section 6, shall be subject to renegotiation.
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SECTION 6 - Payment to Engineer
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6.1 The OWNER shall pay the ENGINEER in accordance with the provisions of this
Section 6. For the Scope of Services in Section 2, Articles 2.1 through 2.9, the
OWNER shall pay the ENGINEER the following lump sum amounts:
Article
Service
Amount
2.1-2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
Design
Bidding
Services Dl.lring Construction
Geotechnical Report
Operation and Maintenance Manual
Start-up
Final Plan of Operation
In-Situ Oxygen Transfer Testing
$403,000
53,000
106,000
10,000
27,000
8,000
8,000
10,000
6.2 For the Scope of Services in Articles 2.10 and 2.11, the OWNER shall pay the
ENGINEER based on the following not-to-exceed amount:
Service
N ot-to-Exceed Amount
Article
2.10
2.11
Resident Representation
Training
$225,000
$4,000
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6.3
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Payment of fees due for performance of services in Articles 2.1 through 2.9 will be
made on the basis of the ENp-INEER'S estimated percent complete for each service.
Payment of the fees due for services described in Articles 2.10 and 2.11 will be made
on the basis of the ENGINEER'S hourly rate plus expenses with the not-to-exceed
amount indicated.
6.4 Invoices will be submitted to the OWNER periodically, but not more often than
monthly and reflect charges in accordance with Articles 6.1 and 6.2.
SECTION 7 - General Payment Procedures
7.1 OWNER shall make payment for services within thirty (30) days of receipt ofa valid
InVOIce.
7.2 If OWNER fails to make payment due ENGINEER for services within forty-five (45)
days after receipt of ENGINEER'S invoice, the amounts due ENGINEER shall
include a charge at the rate of 1% per month from said forty-fifth day and, in
addition, ENGINEER may, after giving thirty (30) days' written notice to OWNER,
suspend services under this Agreement until he has been paid in full all amounts due
to him for services and expenses.
7.3 Additional services such a~ those referred to in Section 3 shall be paid for by
negotiated amendments.
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SECTION 8 - General Provisions
8.1
8.1.1
8.1.2
8.2
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Changes
The OWNER may, at any time by written order, make changes within the general
scope of the Agreement in the services to be provided. If such changes cause an
increase or decrease in ENGINEER'S cost of, or time required for, performance of
any services, whether or not changed by any order, an equitable adjustment shall be
made and the Agreement shall be modified in writing accordingly.
If findings (due to no fault of the ENGINEER) in any segment of this PROJECT
significantly alter the scope of work for subsequent segments, or if state or federal
agencies issue regulations resulting in a scope of work change for any phase,
engineering fees set forth in Section 6 will be renegotiated by the OWNER and
ENGINEER.
Re-Use of Documents
All documents furnished, by ENGINEER pursuant to this Agreement are
instruments of his services ~ith respect to the PROJECT. They are not intended or
represented to be suitable, for re-use by OWNER or others on extensions of the
PROJECT or on any other project. Any re-use without specific written verification
or adaptation by ENGINEER will be at OWNER'S sole risk and without liability or
legal exposure to ENGINEER, and OWNER shall indemnify and hold harmless
ENGINEER from all claims, damages, losses and expenses including attorneys' fees
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arising out of or resulting therefrom. Any such verification or adaptation will entitle
ENGINEER to further compensation at rates to be agreed upon by OWNER and
ENGINEER. I
8.3 Opinion of Probable Construction Costs
Since ENGINEER has no control over the cost oflabor, materials, or equipment, or
over the construction contractor(s)' methods of determining prices or over
competitive bidding or market conditions, his opinions of probable project cost or
construction cost provided for herein are to be made on the basis of his experience
and qualifications and represent his best judgement as a design professional familiar
with the construction industry, but ENGINEER cannot and does not guarantee that
proposals, bids or the construction cost will not vary from opinions of probable cost
prepared by him. If OWNER wishes greater assurance as to the construction cost,
he shall employ an independent cost estimator.
8.4
Liability
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The OWNER and ENGINEER agree that a contingency fund will be established for
each construction project to pay for miscellaneous changes during construction or
inadvertent discrepancies in the contract documents. The ENGINEER will also
maintain professional liability insurance to cover an act of design negligence by the
ENGINEER. The ENGINEER'S total liability to the OWNER for costs associated
with negligence shall not exceed $2,000,000. A certificate of insurance is attached
at the end of this Agreemen,t.
8.5
Successor and Assigns
OWNER and EN GINEER e~ch binds himself and his partners, successors, executors,
administrators and assigns to the other party of this Agreement and to the partners,
successors, executors, admipistrators and assigns of such other party, in respect of
all covenants of this Agreement; except as above, neither OWNER nor ENGINEER
shall assign, sublet or tran~fer his interest in this Agreement without the written
consent of the other. Nothing herein shall be construed as creating any personal
liability on the part of any officer or agent of any public body which may be party
hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone
other than OWNER and E~GINEER.
8.6
Termination
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This Agreement may be terminated in whole or in part in writing by either party in
the event of substantial failure by the other party to fulfill its obligations under this
Agreement through no fault of the terminating party, provided that no such
termination may be affected unless the other party is given: 1) not less than thirty
(30) days' written notice (delivered by certified mail, return receipt requested) of
intent to terminate; and 2) an opportunity for consultation with the terminating
party prior to termination.
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8.7
Minority/Women-Owned ausiness Enterprise (MIWBE) Utilization
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Building and maintaining a diverse, high-quality team is a key element in achieving
project success. The ENGINBER is committed to partnering with certified M/WBE
firms and will allocate tw~nty percent (20%) of its respective fee to M/WBE
utilization during the design and construction phases of the PROJECT.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement as of the day and year first above written.
OWNER: JEFFERSONVILLE SANITARY SEWER BOARD
JEFFERSONVILLE, INDIANA
City- ty Building
5 East' rt Avenue
efferso . e, IN 47130
(812 6400
May r Robert L. Waiz, Jr., President
BY:
BY:
Douglas L. Ralston, P.E., Member
BY:
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ENGINEER: QUEST ENGINEEltS, INC.
One Riverfront Plaza
401 W. Main Street, Suite 500
Louisville, KY 40202
(502) 584-4118
BY:
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