HomeMy WebLinkAboutHDR Engineering, INC.PROFESSIONAL AGREEMENT
This Agreement, made as of the i day of ®G?~~' in the year Two
Thousand and Nine by and between the JEFFERSONVILLE SANITARY SEWER
BOARD, JEFFERSONVILLE, INDIANA (hereinafter called OWNER) and HDR
ENGINEERING, INC. (hereinafter called ENGINEER).
WHEREAS, the OWNER desires to retain the ENGINEER to provide services set
forth in Section 2, Scope of Services, for Peak Capacity and Miscellaneous
Improvements at the Downtown Wastewater Treatment Plant (WWTP) (hereinafter
called the PROJECT).
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 OWNER'S 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.
SECTION 1 - ENGINEER's Resuonsibility
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 all 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 of 22.8 MGD. 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 completed in 2006 upgraded plant capacity to 6 MGD
and 25 MGD for ADF and PHF conditions, respectively. The improvements
implemented included the addition of anoxic selector basins and supplemental fine
bubble diffused aeration for the oxidation ditches, partial variable frequency drive
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(VFD) control of the RAS/WAS pumps, conversion to ultraviolet (W) disinfection,
and the addition of fine bubble post aeration.
A 50% expansion of the WWTP, which will increase average daily capacity to 9 MGD
and PHF capabilities to 34 MGD, is currently nearing completion. Improvements
include additional screening and grit removal structures and equipment, new
oxidation ditch aerators, a new final clarifier and RAS/WAS pump station, additional
W disinfection equipment and channel construction, expansion of the fine bubble
diffused aeration system for post aeration, an additional flume and structure
modifications for effluent metering, a new sludge thickener, and replacement of the
sludge handling pumps. All of the hydraulic elements and unit process components
of the Phase 2 project were designed and positioned to accommodate a future Phase 3
expansion to 12 MGD ADF and 44 MGD PHF.
Based on Long Term Control Plan (LTCP) and Consent Decree (CD) negotiations
with State and Federal authorities, the OWNER has requested the ENGINEER to
increase peak capacity of the WWTP to 50 MGD. The modifications required to
achieve this rating are listed below and were identified in flow evaluation and fee
proposal documentation prepared by the ENGINEER and dated February 2, 2009,
and June 1, 2009 ,respectively:
• Provide effluent weir plates to control the upstream water levels in the grit
chambers.
• Provide additional piping and/or enlargements to the existing openings in
the anoxic tanks to reduce the headloss between Splitter Box No. 1 and the
aeration basins.
• Program the aeration basin VFDs to slow the aerator speed during high
flow conditions to limit the amp draw when the maximum submergence
level is exceeded.
• Implement the changes previously designed into the Clarifier Splitter Box
to place Clarifier No. 6 in service.
• Construct Clarifier No. 6 and its associated piping.
• Implement the changes previously designed into the RAS/WAS Pump
Station to place Clarifier No. 6 in service.
• Provide the additional electrical and instrumentation components required
to power, control, and monitor Clarifier No. 6 and RAS Pump No. 8.
Since reacquiring operation and maintenance of the WWTP, the OWNER has also
determined that the following improvements need to be made to the facility:
• New influent box to accommodate the connection and sampling of existing
and proposed force mains discharging to the plant.
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• Conversion of the four existing 86-foot diameter riser type clarifiers to
spiral blade units and repainting of the complete mechanisms.
• Modifications to the existing RAS/WAS Pump Station to correct the
existing suction and discharge conditions that are detrimentally affecting
equipment life.
• New pump station to isolate the RAS flow from the plant sewer system.
• New effluent metering box with a single Parshall flume tied to the new
plant effluent line being designed by others.
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.
2.2 Desi
Based on the OWNER'S request, the ENGINEER will:
2.2.1 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 Peak Capacity and Miscellaneous Improvements at the Downtown
WWTP.
2.2.2 Provide detailed plans and specifications to show 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.
2.2.3 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.
2.2.4 Prepare a detailed opinion of construction cost based on the final plans and
specifications.
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2.2.5 Assist the OWNER in obtaining necessary permits and approvals from the
Indiana Department of Environmental Management (IDEM) and other
agencies as required, including coordination for State Revolving Fund
(SRF) Loan.
2.3 Geotechnical Report
2.3.1 A geotechnical report will not be required.
2.3.2 Soil boring information for proposed Clarifier No. 6 was obtained during
the previous Phase 2 project.
2.4 Bidding
The ENGINEER will assist the OWNER in advertising for bids, formally
responding to bidders' requests for information, prebid conference, bid
opening, bid review, coordination with IDEM, and award recommendation.
Recommendations will be made with respect to accredibility of contractors
and subcontractors 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.
2.5 Services Durin~- Construction
The ENGINEER will perform the following services for the construction
period specified in the Contract Documents:
2.5.1 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.
2.5.2 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.
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2.5.3 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. As required, the ENGINEER will observe shop, laboratory,
or on-site tests of equipment and/or materials related to the submittals
described in this Article.
2.5.4 Review and, if appropriate, recommend to the Owner progress payments to
be made to the construction contractor.
2.5.5 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.
2.5.6 Provide prompt written notice to OWNER whenever ENGINEER becomes
aware of defects or changed circumstances in the PROJECT.
2.5.7 Make a final technical inspection of the PROJECT with the OWNER'S
representative.
2.5.8 Provide certification as to completion of the PROJECT according to the
approved Contract Documents.
2.6 Operation and Maintenance (O&M) Manual
The ENGINEER will:
2.6.1 Prepare an O&M Manual to serve as a basic reference tool for operator
training and operation and maintenance of Clarifier No. 6 and the
miscellaneous facility improvements.
2.6.2 Prepare an O&M Manual in compliance with IDEM guidelines.
2.6.3 Furnish five (5) draft copies for review by the OWNER and IDEM.
2.6.4 Furnish five (5) copies of the final manual to the OWNER upon completion
of the reviews.
2.7 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.
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2.7.2 Assist OWNER in correcting deficiencies associated with initial start-up
and operation of Clarifier No. 6 and the miscellaneous facility
improvements.
2.8 Final Plan of Operation
2.8.1 The ENGINEER will prepare 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 Training
The ENGINEER will provide a Class IV Operator to assist with the
following:
2.9.1 Provide operator training on the O&M of Clarifier No. 6 and the
miscellaneous facility improvements.
2.9.2 Instruct OWNER'S operating personnel on routine maintenance
procedures and the use of the O&M Manual.
2.10 Resident Construction Representation
The ENGINEER will furnish 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:
2.10.1 Attend the monthly on-site construction progress meetings.
2.10.2 Coordinate the establishment of the necessary lines and grades which are
to be furnished by the construction contractor.
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2.10.3 Visually inspect and approve or reject materials, equipment, and supplies to
be delivered to the site of the work.
2.10.4 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.
2.10.5 Keep records of construction and installation progress.
2.10.6 Make measurements and prepare monthly and final payment computations
for work done by the construction contractor.
2.10.7 Review maintenance and operation instructions and parts lists which the
construction contractor submits in compliance with the Contract
Documents.
2.10.8 Receive, process, and handle shop drawings filed at the PROJECT site.
2.10.9 Assist the OWNER in preparing for inspection and progress reviews by
regulatory agencies.
2.10.10 Review reports of testing laboratories.
2.10.11 Make a final technical inspection of the PROJECT in company with the
OWNER'S representative.
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 to:
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 prebid Contract Documents.
3.2 Revising studies, reports, design documents, drawings, or specifications or
portions thereof which are due to causes beyond the control of ENGINEER.
3.3 Preparation of documents for out-of-sequence work requested by OWNER.
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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.
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.
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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 make 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.
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.
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.
The duration for completion of design will be four months following receipt
of a formal Notice-to-Proceed. ENGINEER will make every effort to meet
the deadlines established by the OWNER.
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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.
SECTION 6 -Payment to Engineer
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 Design $470,000
2.3 Geotechnical Report N/A
2.4 Bidding 23,000
2.5 Services During Construction 98,000
2.6 Operation and Maintenance Manual 5,000
2.7 Start-up 2,000
2.8 Final Plan of Operation 1,000
2.9 Training 1,000
6.2 For the Scope of Services in Article 2.10, the OWNER shall pay the
ENGINEER based on anot-to-exceed amount of $134,940 for Resident
Construction Representation. Said amount is based on a construction
duration of 12 months.
6.3 Payment of fees due for performance of services in Articles 2.1 through 2.9
will be made on the basis of the ENGINEER'S estimated percent complete
for each lump sum service. Payment of the fees due for services described
in Article 2.10 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 will reflect charges in accordance with Articles 6.1 and
6.2.
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SECTION 7 -General Payment Procedures
7.1 OWNER shall make payment for services within thirty (30) days of receipt
of a 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 receipt of payment in full of all amounts due for services and
expenses.
7.3 Additional services such as those referred to in Section 3 shall be paid for in
accordance with negotiated amendments.
SECTION 8 -General Provisions
8.1 Changes
8.1.1 The OWNER may, at any time by written order, make changes within the
general scope of the Agreement in the services remaining 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.
8.1.2 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.
8.2 Re-Use of Documents
All documents furnished by ENGINEER pursuant to this Agreement are
instruments of his services with 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 authorization 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 arising out of or resulting
therefrom.
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8.3 Opinion of Probable Construction Costs
Since ENGINEER has no control over the cost of labor, 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 judgment 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
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 any acts of negligence, errors, or omissions by the
ENGINEER. The ENGINEER'S total liability to the OWNER for costs
associated with negligence, errors, or omissions shall not exceed
$2,000,000. A certificate of insurance is attached at the end of this
Agreement.
8.5 Successor and Assigns
OWNER and ENGINEER each binds himself and his partners, successors,
executors, administrators, and assigns to the other party of this Agreement
and to the partners, successors, executors, administrators, and assigns of
such other party, in respect to all covenants of this Agreement; except as
above, neither OWNER nor ENGINEER shall assign, sublet, or transfer 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 ENGINEER.
8.6 Termination
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
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certified mail, return receipt requested) of intent to terminate; and 2) an
opportunity for consultation with the terminating party prior to
termination.
8.7 Minority/Women-Owned Business Enterprise (M/WBE) Utilization
Building and maintaining a diverse, high-quality team is a key element in
achieving project success. The ENGINEER is committed to partnering with
certified M/WBE firms and will allocate twelve percent (12%) of its
respective fee to M/WBE utilization during the design and/or 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
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville, IN 47130
(81~ 285-640 ~ _
BY
BY:
male L. Orem, Member
BY: ~~
William A. Saeg ss r, P.E., L.S., Member
ENGINEER: HDR ENGINEERING, INC.
One Riverfront Plaza
401 W. Main Street, Suite 500
Louisville, KY 40202
(5021 584-4118
BY:
Orman J. Bier, P.E., L.S., Vice President
Witness: `-- • `~....~
Stephen . Keiber, P.E., Professional Associate
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