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HomeMy WebLinkAboutJacobi Toombs and Lanz- Conbined Sewer Overflow Interceptor Project PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE JEFFERSONVILLE SEWER BOARD AND JACOBI, TOOMBS AND LANZ, INC. This Agreement is made and entered into effective as of P if l, 2013 ( "Effective Date ") by and between the City of Jeffersonville, Indiana, acting by and through its duly appointed Jeffersonville Sewer Board ( "the OWNER "), and Jacobi, Toombs and Lanz, Inc. ( "the CONSULTANT "), a corporation organized under the laws of the State of Indiana, RECITALS WHEREAS, the OWNER wishes to hire the CONSULTANT to provide services toward the Combined Sewer Overflow (CSO) Interceptor Project completion more fully described in Appendix "A" attached hereto ( "Services "); WHEREAS, the CONSULTANT has extensive experience, knowledge and expertise relating to these Services; and, WHEREAS, the CONSULTANT has expressed a willingness to furnish the Services in connection therewith, and, WHEREAS, the CONSULTANT has expressed a willingness to assign portions of the services to two main SUB - CONSULTANTS, Strand Associates, Inc., and Clark Dietz, Inc. Agreements between the CONSULTANT and the SUB - CONSULTANTS shall be made available to the OWNER. NOW, THEREFORE, in consideration of the following mutual covenants, the parties hereto mutually covenant and agree as follows: The "Recitals" above are hereby made an integral part and specifically incorporated into this Contract. SECTION I SERVICES BY CONSULTANT. The CONSULTANT will provide the Services and deliverables described in Appendix "A" which is herein attached to and made an integral part of this Contract. SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY THE OWNER. The information and services to be furnished by the OWNER are set out in Appendix "B" which is herein attached to and made an integral part of this Contract. SECTION III TERM. The term of this Contract shall be from the date of the last signature affixed to this Contract to the completion of this design contract which is estimated to be on or about June 30, 2014. A schedule for completion of the Services and deliverables is set forth in Appendix "C" which is herein attached to and made an integral part of this Contract. SECTION IV COMPENSATION. The OWNER shall pay the CONSULTANT for the Services performed under this Contract as set forth in Appendix "D" which is herein attached to and made an integral part of this Contract. The maximum amount payable under this Contract shall not exceed $2,133,000.00. SECTION V NOTICE TO PROCEED AND SCHEDULE. The CONSULTANT shall begin the work to be performed under this Contract only upon receipt of the written notice to proceed from the OWNER, and shall deliver the work to the OWNER in accordance with the schedule contained in Appendix "C" which is herein attached to and made an integral part of this Contract. 1 • SECTION VI GENERAL PROVISIONS 1. Access to Records. The CONSULTANT and its SUB - CONSULTANTS shall maintain accounting records of its costs in accordance with generally accepted accounting practices. Access to such records will be provided during normal business hours with reasonable notice during the term of this Agreement and for 3 years after completion. 2. Assignment; Successors. A. OWNER and CONSULTANT 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 CONSULTANT shall assign, sublet, or transfer his interest in this Agreement without written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any office 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 CONSULTANT. B. Any substitution of SUB - CONSULTANTS must first be approved and receive written authorization from the OWNER. 4. Authority to Bind Consultant. The CONSULTANT warrants that it has the necessary authority to enter into this Contract. The signatory for the CONSULTANT represents that he /she has been duly authorized to execute this Contract on behalf of the CONSULTANT and has obtained all necessary or applicable approval to make this Contract fully binding upon the CONSULTANT when his/her signature is affixed hereto. 5. Changes in Work. 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 CONSULTANT'S cost of, or time required for, performance of any services, whether or not change 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 CONSULTANT) 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 IV will be renegotiated by the OWNER and CONSULTANT. 6. Compliance with Laws.. The CONSULTANT shall comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. 7. Confidentiality of OWNER Information. The CONSULTANT understands and agrees that data, materials, and information disclosed to the CONSULTANT may contain confidential and protected information. Therefore, the CONSULTANT covenants that data, material, and information gathered, based upon or disclosed to the CONSULTANT for the purpose of this Contract, will not be disclosed to others or discussed with third parties without the OWNER's prior written consent, unless required by court order. 8. Delays and Extensions. If events beyond the control of CONSULTANT, including , but not limited to, fire, flood, explosion, riot, strike, war , process shutdown, act of God or the public enemy, and act or regulation of any government agency, result in delay to any schedule established in this Agreement such schedule shall be extended for a period equal to the delay. In the event such delay exceeds 90 days, CONSULTANT shall be entitled to an equitable adjustment in compensation and extension of time. 2 9. Non - Discrimination Requirements. The CONSULTANT or SUB - CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract, with respect to his or her hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of her or his race, religion, color, age, sex, sexual orientation, gender identity, handicap, national origin, ancestry, disability, United States military service disabled veteran status. Breach of this covenant may be regarded as a material breach of the Agreement. 10. Disputes. Should any disputes arise with respect to this Contract, the CONSULTANT and the OWNER agree to act promptly and in good faith to resolve such disputes. In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder, CONSULTANT and OWNER agree to attempt to resolve such disputes in the following manner: First, the parties agree to attempt to resolve such disputes through direct negotiations between the appropriate representatives of each party. Second, if such negotiations are not fully successful, the parties agree to attempt to resolve any remaining dispute by formal nonbinding mediation conducted in accordance with rules and procedures to be agreed upon by the parties. Third, if the dispute or any issues remain unresolved after the above steps, the parties agree to attempt resolution by submitting the matter to voluntary nonbinding arbitration in accordance with rules and procedures to be agreed upon by the parties. 11. Drug -Free Workplace Certification. A. The CONSULTANT hereby covenants and agrees to make a good faith effort to provide and maintain a drug -free workplace, and that it will give written notice to the OWNER within ten (10) days after receiving actual notice that an employee of the CONSULTANT in the State of Indiana has been convicted of a criminal drug violation occurring in the CONSULTANT's workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of Contract payments, termination of this Contract and/or debarment of contracting opportunities with the OWNER. B. The CONSULTANT certifies and agrees that it will provide a drug -free workplace by: i. Publishing and providing to all of its employees a statement notifying their employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the CONSULTANT's workplace and specifying the actions that will be taken against employees for violations of such prohibition; ii. Establishing a drug -free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the CONSULTANT's policy of maintaining a drug -free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; iii. Notifying all employees in the statement required by subparagraph 12.B.i above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the CONSULTANT of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; iv. Notifying in writing the OWNER within ten (10) days after receiving notice from an employee under subdivision 12.B.iii(2) above, or otherwise receiving actual notice of such conviction; v. Within thirty (30) days after receiving notice under subdivision 12.B.iii(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel action against the employee, up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; and 3 vi. Making a good faith effort to maintain a drug -free workplace through the implementation of subparagraphs 12.B.i through 12.B.v above. 12. Employment Eligibility Verification. The CONSULTANT affirms under the penalties of perjury that he /she /it does not knowingly employ an unauthorized alien. The CONSULTANT shall enroll in and verify the work eligibility status of all his/her /its newly hired employees through the E- Verify program as defined in IC 22- 5- 1.7 -3. The CONSULTANT is not required to participate should the E- Verify program cease to exist. Additionally, the CONSULTANT is not required to participate if the CONSULTANT is self - employed and does not employ any employees. The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT subsequently learns is an unauthorized alien. The CONSULTANT shall require his/her /its subcontractors, who perform work under this Contract, to certify to the CONSULTANT that the SUB - CONSULTANT does not knowingly employ or contract with an unauthorized alien and that the SUB - CONSULTANT has enrolled and is participating in the E- Verify program. The CONSULTANT agrees to maintain this certification throughout the duration of the term of a contract with a SUB - CONSULTANT. The OWNER may terminate for default if the CONSULTANT fails to cure a breach of this provision no later than thirty (30) days after being notified by the OWNER. 13. Force Majeure. In the event that either party is unable to perform any of its obligations under this Contract or to enjoy any of its benefits because of fire, natural disaster, acts of God, acts of war, terrorism, civil disorders, decrees of governmental bodies, strikes, lockouts, labor or supply disruptions or similar causes beyond the reasonable control of the affected party (hereinafter referred to as a Force Majeure Event), the party who has been so affected shall immediately give written notice to the other party of the occurrence of the Force Majeure Event (with a description in reasonable detail of the circumstances causing such Event) and shall do everything reasonably possible to resume performance. Upon receipt of such written notice, all obligations under this Contract shall be immediately suspended for as long as such Force Majeure Event continues and provided that the affected party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. If the period of nonperformance exceeds thirty (30) days from the receipt of written notice of the Force Majeure Event, the party whose ability to perform has not been so affected may, by giving written notice, terminate this Contract. 14. Governing Laws. This Contract shall be construed in accordance with and governed by the laws of the State of Indiana and the suit, if any, must be brought in the State of Indiana. The CONSULTANT consents to the jurisdiction of and to venue in any court of competent jurisdiction in the State of Indiana. 15. Indemnification. The CONSULTANT shall indemnify the OWNER from any reasonable damages caused solely by the negligent act, error, or omission of the CONSULTANT in the performance of services under the Project. If such damage results in part by the negligence of another party, the CONSULTANT shall be liable only to the extent of their proportional negligence. CONSULTANT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the OWNER, its officers, directors and employees against all damages, liabilities or costs, to the extent caused by CONSULTANT'S negligent performance of professional services under this Agreement and that of its SUB - CONSULTANTS or anyone for whom CONSULTANT is legally liable. The OWNER agrees, to the fullest extent permitted by law, to indemnify and hold harmless CONSULTANT, its officers, directors, employees and SUB - CONSULTANTS against all damages, liabilities or costs, to the extent caused by the OWNER'S negligent acts in connection with the Project and that of its contractors, subcontractors or consultants or anyone for whom the OWNER is legally liable. 4 Neither the OWNER nor CONSULTANT shall be obligated to indemnify the other party in any manner whatsoever for the other party's own negligence. 16. Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. Neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents or employees of the other party. The CONSULTANT shall be responsible for providing all necessary unemployment and workers' compensation insurance for its employees. 17. Insurance. CONSULTANT will maintain insurance coverage for Professional, Comprehensive General, Automobile, Worker's Compensation and Employer's Liability in amounts in accordance with legal, and CONSULTANT business requirements. Certificates evidencing such coverage will be provided to OWNER upon request. For projects involving construction, OWNER agrees to require its construction contractor, if any, to include CONSULTANT as an additional insured on its commercial general liability policy relating to the Project, and such coverages shall be primary. CONSULTANT shall maintain the following insurance and coverage limits during the period of service. The OWNER will be named as an additional insured on the Commercial General Liability and Automobile Liability policies. Worker's Compensation $500,000 per Accident and $500,000 Policy Limit Commercial General Liability $1,000,000 per Occurrence (bodily injury including death & property damage) $2,000,000 aggregate Automobile Liability $1,000,000 each claim and in the aggregate. Professional Liability $1,000,000 each claim and in the aggregate. 18. Merger and Modification. This Contract constitutes the entire agreement between the parties. No understandings, agreements or representations, oral or written, not specified within this Contract will be valid provisions of this Contact. This Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by all necessary parties. 19. Notice to Parties: Any notice, request, consent or communication (collectively a "Notice ") under this Agreement shall be effective only if it is in writing and (a) personally delivered; (b) sent by certified or registered mail, return receipt requested, postage prepaid; or (c) sent by a nationally recognized overnight delivery service, with delivery confirmed and costs of delivery being prepaid, addressed as follows: Notices to the OWNER shall be sent to: Len Ashack , Director Jeffersonville Wastewater Department 1420 Pennsylvania Ave Jeffersonville, IN 47130 Notices to the CONSULTANT shall be sent to: Jorge I. Lanz, P.E., President Jacobi, Toombs and Lanz, Inc. 1829 East Spring Street, Suite 201 New Albany, IN 47150 5 or to such other address or addresses as shall be furnished in writing by any party to the other party. Unless the sending party has actual knowledge that a Notice was not received by the intended recipient, a Notice shall be deemed to have been given as of the date (i) when personally delivered; (ii) three (3) days after the date deposited with the United States mail properly addressed; or (iii) the next day when delivered during business hours to overnight delivery service, properly addressed and prior to such delivery service's cut off time for next day delivery. The parties acknowledge that notices delivered by facsimile or by email shall not be effective. 20. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this Contract shall be resolved by giving precedence in the following order: (1) This Contract and attachments, and (2) attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by reference. 21. Re -Use of Documents. All documents furnished by CONSULTANT 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 CONSULTANT will be at OWNER'S sole risk and without liability or legal exposure to CONSULTANT, and OWNER shall indemnify and hold harmless CONSULTANT from all claims, damages, losses, and expenses including attorney's fees arising out of or resulting therefrom. 22. General Payment Procedures. A. OWNER shall make payment for services within thirty (30) days of receipt of a valid invoice. B. If OWNER fails to make payment due CONSULTANT for services within forty-five (45) days after receipt of CONSULTANT'S invoice, the amounts due CONSULTANT shall include a charge at the rate of 1% per month from said forty-fifth day and, in addition, CONSULTANT 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. 23. Severability. The invalidity of any section, subsection, clause or provision of this Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Contract. 24. Sub - consultant Acknowledgement. The CONSULTANT agrees and represents and warrants to the OWNER, that the CONSULTANT will obtain signed SUB - CONSULTANT Agreements from all SUB - CONSULTANTS providing Services under this Contract or to be compensated for Services through this Contract. The CONSULTANT agrees to provide signed originals of the SUB - CONSULTANT Agreements to the OWNER for their records. 25. Termination for Convenience. The OWNER and CONSULTANT may terminate services on the Project upon thirty (30) days written notice with or without cause. The CONSULTANT shall submit an invoice for services performed up to the effective date of termination and the OWNER shall pay CONSULTANT all outstanding invoices within fourteen (14) days. The OWNER may withhold an amount for services that may be in dispute provided that the OWNER furnishes a written notice of the basis for their dispute and that the amount withheld represents a reasonable value. 26. Waiver of Rights. No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate another section of this Agreement or operate as a waiver of any future default, whether like or different in character. 27. No Third -Party Beneficiaries. This Agreement is solely for the benefit of the parties hereto. Other than the indemnity rights under this Contract, nothing contained in this Agreement is intended or shall be construed to confer upon any person or entity (other than the parties hereto) any rights, benefits or remedies of any kind or character whatsoever. 6 28. No Investment in Iran. As required by IC 5 -22 -16.5, the CONSULTANT certifies that the CONSULTANT is not engaged in investment activities in Iran. Providing false certification may result in the consequences listed in IC 5 -22- 16.5-14, including termination of this Contract and denial of future state contracts, as well as an imposition of a civil penalty. Non - Collusion. The undersigned attests, subject to the penalties for perjury, that he /she is the CONSULTANT, or that he /she is the properly authorized representative, agent, member or officer of the CONSULTANT, that he /she has not, nor has any other member, employee, representative, agent or officer of the CONSULTANT, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he /she has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of this Contract. In Witness Whereof, the CONSULTANT and the OWNER have, through duly authorized representatives, entered into this Contract. The parties having read and understand the forgoing terms of this Contract do by their respective signatures dated below hereby agree to the terms thereof. CONSULTANT: OWNER: J C OBI, TOOMBS AND NZ, INC. JEFFERSO I SEW 1 BOARD I f .// i . — � 1 * J. ■ rI. Liz, P.E , "reside, Mayor Mik- Moore, Presi• -nt /Ili / ' _ _ ,..:::).7 .!---- L i 6?" .,, .,,,,----,-_ Michael C. Harris, P.E., V. President Dale Orem, Member • 1- William A Saegesse £ .E., L.S, Member Attest: ii ie d r, 4. ,- R. Scott Lewis .torney { , 7 ,• APPENDIX "A" PROJECT DESCRIPTION AND BACKGROUND The City of Jeffersonville is a combined sewer overflow community. The combined sewer service area (CSSA) is primarily located in the area known as downtown Jeffersonville along the Ohio River. Jeffersonville's CSSA is not expected to experience significant growth or development, since it is bordered by the Ohio River, Interstate 65 and a separate sanitary sewer system there is limited potential for growth. As -such, there is no projection of growth associated with the area that affects the proposed project. Any chance for development in this area would be the result of redevelopment of existing property and likely a reduction in runoff due to new development standards. The purpose of the Project is to reduce the number of CSO discharge events , which will help the City of Jeffersonville to comply with their Long Term Control Plan (LTCP) which was approved by the U.S.EPA and IDEM on April 15, 2011, and the Consent Decree (CD), which became effective on November 24, 2009. As a part of the LTCP that was agreed to in the CD, the City is required to comply with the reduction of CSOs, which require the number of CSO events during a "typical year" be reduced to one (1) untreated CSO event for the Ohio River CSO's (CSO's #008, 009, 010, 011, 021, and 013), and three (3) untreated CSO events for the Cane Run CSO (CSO #018). The LCTP identifies the aforementioned "typical year ", which was identified by the Ohio River Valley Water Sanitation Commission (ORSANCO), as December 2000 thru November 2001. This "typical year" was used in the LTCP for hydraulic and water quality models to simulate the water quality resulting from various levels of CSO abatement control. The LTCP evaluated precipitation data from this typical year to identify the required infrastructure improvements to provide a desired level of control for the City of Jeffersonville. Per the LTCP, the rainfall events that occurred during the ORSANCO typical year fit into the following statistical definitions: • One 1V2 -year, 2 -hour event, 1.6 inches of rain • One 1 -year, 5- minute event, 0.3 inches of rain • One 9- month, 15- minute event, 0.62 inches of rain • One 9- month, 5- minute event, 0.26 inches of rain • One 6- month, 6 -hour event, 1.5 inches of rain • One 6- month, 5- minute event, 0.24 inches of rain • Four 4 -month events, rain amounts vary • Three 2 -month events, rain amounts vary • Thirty events less than a 2 -month event, rain amounts vary During the development of the LTCP, a series of phases were identified for the implementation of measures necessary to comply with the Consent Decree. These measures were broken down into three phases: A -1 Phase 1: CSO controls implemented prior to development of the LTCP. This phase included previously completed CSO control and reduction projects completed prior to the approval of the LTCP. Phase 2: Planned and Committed Projects Phase 2 included projects that were identified to provide immediate benefit for both Jeffersonville and the environment. These projects were primarily in the planning and design phase during the preparation of the LTCP, and are mostly finished as of 2012. Some of the notable projects identified in Phase 2 were the expansion of the downtown WWTP to 50mgd PHF, construction of a 72 inch effluent sewer to Mill Creek and the replacement of the TSPS with a new 50mgd capacity pumping station. The increased pumping capacity will require a new force main between the pumping station and the Downtown WWTP (cost of this project was included in Phase 2). Phase 3: Long Term Control Plan Projects The third and final proposed Phase of the LTCP identified the implementation of long -term projects that would provide cost - effective CSO control. To allow for acceptable financing to be in place, Phase 3 was recommended for completion no later than 2025. The following are the recommended projects as identified in the LTCP: 1. A new interceptor sewer generally aligned along Market Street from Graham Street to Mulberry Street. The interceptor sewer will range from 60 inches to 84 inches in diameter. While the interceptor is being replaced, the overflow structures at each remaining CSO would be reconstructed with longer sharp- crested weirs to allow for better flow determination and overflow monitoring. All existing CSOs to the Ohio River would remain in place and be subject to flows that cause overflows about once in the "typical year ". 2. A new oversized interceptor sewer from Market Street to the Tenth Street Pumping Station (TSPS) to provide a path for conveyance of flows to the TSPS and for storage of excess flows. The new interceptor sewer was anticipated to be 12 feet in diameter. 3. A new storm water outfall conveyance structure was proposed along the alignment of the new CSO interceptor sewer. The new outfall sewer would allow storm water to be conveyed to the Ohio River. Partial storm water separation along this corridor is proposed in several phases of construction. A new flood wall pumping station was proposed for the new storm water conveyance outfall sewer. A -2 Projects no. 1 and no.2 described above, entitled the CSO Interceptor Project, are the subject of this Agreement. A Preliminary Engineering Report (PER) was prepared in 2012 and submitted to SRF for review and approval on January 3, 2013. The estimated total cost of this project as shown in the LTCP was $30.8M. The updated cost opinion derived from this PER is $34.4M, but includes $0.7M for rehab of the existing Market Street and Mulberry CS Interceptors, potentially $0.7M for rehab of the six (6) remaining CSO outfalls, and $1.0M for potential green infrastructure improvements. II. SCOPE OF WORK AND SERVICES The CONSULTANT shall provide all the Surveying, Engineering Design, Geotechnical work, and all other related work to advance this project to the Construction Phase. The design shall consist of an open- trench pipe installation, and, if found feasible from the results of studies included within the scope, an alternate design for a tunneling system -type installation. If tunneling is deemed feasible, additional design work that is beyond the scope of this agreement will be required. The CONSULTANT shall provide the following: A. GENERAL 1. Project Scope Kick -Off Meeting The CONSULTANT shall schedule and host the project kick -off meeting with the SUB - CONSULTANTS and the OWNER's Representative(s). The purpose of this meeting will be to discuss the project, review assignment of responsibilities, review the project schedule, and project finances. This meeting shall be held within two weeks following execution of this agreement. 2. Project Management The CONSULTANT shall be responsible for managing the work, the schedule, and the SUB - CONSULTANTS. The CONSULTANT shall submit Monthly Progress reports to the owner, and shall prepare and maintain a Master Project Schedule using Microsoft Project. This schedule shall be routinely updated and submitted to the OWNER with the Monthly Reports. A -3 3. Engineering Team Design Meetings The CONSULTANT shall schedule and hold internal Engineering Team Design Meetings for the purpose of managing the progress of the project and monitoring the progress schedule of the work. Internal meetings shall be held approximately once per month. 4. Owner/Design Team Meetings The CONSULTANT shall conduct monthly progress meetings with the OWNER. For budgetary purposes, a total of 12 project meetings have been included in the fee calculations. The CONSULTANT shall prepare and issue detailed minutes of all meetings and provide to the OWNER. 5. SRF Funding Coordination The CONSULTANT shall assist the OWNER in providing project information and coordination to assist in securing SRF financing. Responding to SRF comments regarding the submitted PER is also covered by this agreement on a time and materials basis with a not- to- exceed budget. 6. Project Work Plan The CONSULTANT shall develop a detailed, written project work plan for use as a project management tool. This project work plan shall include sections covering the following area: 1. Background and Objectives 2. Scope of services 3. Key Assumptions 4. Standards and Codes 5. Team Directory 6. Work Task and Budget Breakdown 7. Schedule 8. Deliverables 9. QA/QC Plan 10. Billing Procedures 11. Budget Monitoring and Control 12. Communication Plan 13. Production Methodology 14. Sub - Consultant Management Copies of the Work Plan shall be submitted to the OWNER for review and approval. A -4 7. Value Engineering Design Team Participation. The CONSULTANT and the SUB - CONSULTANTS shall participate in a Value Engineering (VE) process lead by the OWNER and the OWNER'S selected VE team at the 60% submittal stage. CONSULTANT and SUB - CONSULTANT'S participation shall generally include: 1. Submit pre -study original designer information 2. Participate in design presentation portion of VE workshop. 3. Attend VE presentation 4. Respond to VE Team recommendations B. HYDRAULIC MODELING/INTERCEPTOR SIZING The CONSULTANT shall perform the following hydraulic modeling efforts: 1. Conduct a meeting to discuss and identify the goals, objectives, and protocol for the hydraulic modeling. 2. Update the current Jeffersonville hydraulic model to include the Cane Run levee penetration. The current Jeffersonville hydraulic model was developed for a separate project and already includes the Cane Run outfall, Cane Run creek, the new Cane Run flood control pump station, the interstate runoff to Cane Run, and Clarksville's runoff to Cane Run. 3. Use the updated hydraulic model to aid in the design of the storage interceptor, Wall Street outfall, sanitary and CSO diversions, and CSO regulators. Model updates will be made each time changes are made to the storage interceptor, CSO regulators, allowable surcharge elevation, etc. The budget allows for up to 3 design iterations, including a meeting to identify the changes and a brief report for each iteration. C. DESIGN, PLANS, SPECIFICATIONS, CONTRACT DOCUMENTS 1. North /South Segment (Chestnut Street to the Tenth Street Pump Station (TSPS) a) Evaluation of Pipe Type and Installation Options The CONSULTANT shall conduct a thorough evaluation on the types of pipe that may be applicable for this project. Pipe options may include but not limited to Reinforced Concrete Pipe (RCP), High Density Polyethylene Pipe (PE), Fiberglass- Reinforced Polyester Pipe (FRP), Glass - Reinforced polymer pipe (GRP), Centrifugally Cast Fiberglass Mortar Pipe (CCFMP), and any other type and A -5 material that may provide a sound installation for the interceptor. The CONSULTANT shall provide a general evaluation of open cut and/or trenchless installation methods for each sewer segment and/or section. This will include the following tasks: 1. Identify construction methods available for installation of the various pipe sizes and materials that may be utilized for the project. 2. Evaluate the constructability of each sewer segment or section utilizing traditional open -cut methods. Particular emphasis shall be given to crossing at major thoroughfares and major utilities; areas identified that may contain hazardous or petroleum substances as identified during Phase I environmental property research; areas identified as having historical or archaeological significance; areas that may be environmentally sensitive; and segments with significant depth to cut. 3. Consider utilization of trenchless installation methods for sewer segments or sections for which open -cut installation is a concern due to constructability and/or depth. 4. Create an evaluation matrix consisting of both engineering and non - engineering factors to rank and compare installation methods for each segment or section. Such a matrix shall be completed by OWNER and CONSULTANT independently. 5. Provide recommended installation methods for each sewer segment or section based on the evaluation matrix. 6. Update the opinion of probable project cost based on the recommended installation methods. 7. Consolidate segments or sections into one bid package that are recommended for trenchless installation. 8. Prepare a Technical Memorandum summarizing the Sewer Installation Method Evaluation process and results. b) Horizontal/Vertical Alignment Location, Design, Plans The PER that was prepared and submitted for this project presented several alternate routes for the proposed location of the CSO Interceptor. The CONSULTANT shall further investigate these alternate routes and alignment for various A -6 portions of the project to determine whether there are more advantageous routes with regard to cost, neighborhood disruption, utility conflicts, other on -going or planned City projects, constructability and other factors. c) Tenth Street Pump Station (TSPS) Regulator Hydraulics and Design The CONSULTANT shall be responsible for the design of the regulator at the influent of the TSPS. This effort will include the addition of a static weir, dynamic weir, or motor operated valve (MOV) within one of the existing structures. A CSO MOV would need to be programmed to hold back flow for storage but release flow as CSO after the storage interceptor capacity is exceeded. A CSO MOV may also need to be programmed to work in conjunction with the grit removal MOV to control flow going through grit removal at the Tenth Street Pump Station. d) Design of Interceptor Junction Boxes The CONSULTANT shall design all junction boxes and other structures that may be required for the installation and alignment of the interceptor. e) Storm Sewer Considerations, Design The CONSULTANT shall study, determine and design the extent of storm sewer extensions that may be deemed necessary to introduce storm water runoff into the interceptor to assist in flushing of the system. f) Mulberry Street Interceptor Cured -in -Place Pipe (CIPP) Rehabilitation Design The CONSULTANT shall design, prepare plans and specifications to install cured -in -place pipe in the existing Mulberry Street combined sewer interceptor that is to remain in place to convey dry weather flow. It should be noted that flow that is transported to the Tenth Street Pump Station (TSPS) via the existing interceptor does not go through the screening and grit removal system recently installed at the TSPS. g) Maintenance of Traffic Plans The CONSULTANT shall prepare plans to maintain vehicular and pedestrian traffic thru and around the A -7 • • construction zone. These plans shall become an integral part of the Construction Documents. h) Utility Relocation Plans The CONSULTANT shall be responsible for contacting underground and overhead utility companies that may be affected by the construction of the project. Plans showing the proposed location of said utilities shall be prepared and submitted to each affected utility to coordinate the work. i) Existing Combined Sewer Relocation Plans The location of the proposed CSO interceptor will affect existing combined sewers that are in the way of construction. The CONSULTANT shall design and provide plans to relocate these sewers as required to remain functional. j) Internal QA/QC The responsibilities of the CONSULTANT include Quality Control (QC) of all project deliverables. CONSULTANT shall review all project deliverable prior to submittal, document comments and resolutions, and provide for project quality assurance. This QC effort is not intended to expand the CONSULTANT' S overall level of QC, but to standardize, formalize and document the process. CONSULTANT shall institute and maintain QC activities throughout the design phase of the project. The purpose of the QC activities will be to perform checks and reviews as necessary on work in progress and at completion. The intent is to provide the necessary check and balances between completing the work and getting it done correctly. The CONSULTANT shall prepare a project specific Quality Control Plan (QCP) for this project that includes the following: • Responsibility of the QC Team • Identification of the QC Team • Specific focus of review to be conducted at different stages of the project • Required documentation resulting from QC review A draft copy of the QCP shall be submitted to the OWNER for review and comment. Following receipt of any comments, CONSULTANT shall finalize the QCP and A -8 submit copies to OWNER. Following is a general summary of the QC /QC process: 1. Design submittals to the program shall include 30, 60 and 90, and 100 percent levels of completion. All deliverables shall be submitted to the OWNER for review by the OWNER. Constructability review shall be completed at the 60 and 90 percent design levels, and Value Engineering (VE) reviews shall be completed at the 60 percent design level. 2. Each review internal to the CONSULTANT or by the OWNER shall be documented. Documentation shall include a record of each comment made and the disposition (incorporated or not). 3. The CONSULTANT shall participate in the OWNER'S review, and shall attend a review meeting for each submittal. 4. Submittals shall, at a minimum, include: • Preliminary Study for Tunneling Assessment (Tunnel Feasibility Study) • Detailed Geotechnical Study for Final Design • 30% Schematic Design Drawings • 60% Design Development Drawings and Specifications Review set and Basis of Design Report • 90 % Construction Documents Drawings and Specifications Review set and Basis of Design Report • 100% Completed Drawings and Specifications Set for Bid 2. East/West Segment Along Chestnut Street a) Evaluation of Pipe Type and Installation options (See Section C.1.a) b) Horizontal/Vertical Alignment Location, Design, Plans (See Section C.1.b) c) Design of Interceptor Junction Boxes, Structures (See Section C 1.d) A -9 d) Design of Connectors from New Interceptor to Existing Combined Sewer Overflow (CSO) Structures This effort will include the addition of up to six sewers (at Spring Street, Wall Street, Market Street, Meigs Avenue, Mechanic Street, and Graham Street) to divert combined sewage to the storage interceptor. e) Design CSO Diversion Structures This effort will include the replacement of up to six CSO regulators (at Spring Street, Wall Street, Market Street, Meigs Avenue, Mechanic Street, and Graham Street). f) Storm Sewer Considerations, Design (See Section C.1.e) g) Design of New 72" Wall Street Outfall, Structures This effort will include the addition of a CSO outfall to the Ohio River at Wall Street to consolidate CSO and allow the storage interceptor to be drained during emergencies. This effort will also include permanent flow metering. h) Design of Market Street Interceptor Dry Weather Flow(DWF) Diversion Sewer to NEW CSO Interceptor This effort will include the addition of up to 2 sewers (at Wall Street and Graham Street) to divert dry weather flow from the Market Street interceptor to the CSO storage interceptor. i) Green Infrastructure Considerations and Design This effort will include a review of previously developed City master plans, review of existing conditions (geological, hydraulic, etc.), identification of alternatives, and design of two demonstration projects along the CSO storage interceptor alignment. A brief report will be prepared with recommended projects and locations. j) Market Street Interceptor Cured -in -Place Pipe (CIPP) Rehabilitation Design The CONSULTANT shall design, prepare plans and specifications to install cured -in -place pipe in the existing A -10 Market Street combined sewer interceptor that is to remain in place to convey dry weather flow. It should be noted that flow that is transported to the Tenth Street Pump Station (TSPS) via the existing interceptor does not go through the screening and grit removal system recently installed at the TSPS. k) Existing CSO Outfall Cured -in -Place Pipe (CIPP) Rehabilitation Design The CONSULTANT shall design, prepare plans and specifications to install cured -in -place pipe in the existing CSO outfalls that are to remain in place. There are six (6) outfalls remaining. These are: CSO No. 008 at Spring Street, 27" dia. CSO No. 009 at Wall Street, 36" dia. CSO No. 010 at Walnut Street, 36" Dia. CSO No. 011 at Meigs Avenue, 36" Dia. CSO No. 021 at Mechanic Street, 36" Dia. CSO No. 013 at Graham Street, 48" Dia. Some, if not all, of these outfalls may be eliminated. The City is desirous of eliminating CSO No. 013 at Graham Street due to its location through Jeff Boat. The determination of which outfalls are to remain will be made during the design process. 1) Flood Control/Pump Station Improvements Determination This effort will include the identification of potential impacts the new combined sewer system infrastructure might have on existing flood control infrastructure. This task does not involve design. A brief report will be provided to document the flood pumping system coordination. m) Maintenance of Traffic Plans (See Section C.1.g) n) Utility Relocation Plans (See Section C.1.h) o) Existing Combined Sewer Relocation Plans A -11 (See Section C.1.i) p) Internal QA/QC (See Section C.1 .j) D. ENVIRONMENTAL AND PERMITTING The CONSULTANT through a specialty SUB - CONSULTANT shall provide the following: 1. Phase I Environmental Property Research CONSULTANT shall complete a corridor type Phase I Environmental Site Assessment report for the selected alignment. This work will be in conformance with the scope and limitations of ASTM Practice E1527-06. The goals of this Assessment shall be to identify, to the extent feasible, recognized environmental conditions in connection with the corridor, which may include the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, groundwater, or surface water of the property. This work shall include the following: a) Conduct a records review to obtain and review records that will help indentify recognized environmental conditions in connection with the corridor. Records will encompass one- quarter mile radius of the corridor. b) Perform a site reconnaissance to obtain information indicating the likelihood of recognized environmental conditions in connection with the corridor. The corridor shall be visually inspected, to the extent not obstructed by bodies of water, adjacent building, wooded areas, or other obstacles. c) Prepare a written report describing services performed in sufficient detail to permit another party to reconstruct the work performed. The report shall include the following: • Executive Summary and Recommendations • Introduction • Corridor Description • Physical Characteristics of the Corridors • Corridor Investigations A -12 • Governmental Records • Finding, Opinions and Conclusions • Definitions • References • Attachments and Exhibits 2. Permitting CONSULTANT shall identify and prepare a list of permits and/or approvals and indicate their applicability to this project's subsequent construction. CONSULTANT shall prepare and submit permit applications and obtain on behalf of OWNER approvals and consents from authorized agencies having jurisdiction or authority or having facilities within the limits of the project. OWNER shall be responsible for payment of permit applications fees. Anticipated permits and/or approvals may include but are not limited to: 1. Bid Authorization, Post Bid Documentation, and Bid Award authorization issued by State of Indiana's SRF Program; 2. Construction permits issued by the Indiana Department of Environmental Management (IDEM); 3. Construction in a Floodway permits issued by the Indiana Department of Natural Resources (IDNR); 4. Section 404 Construction permits issued by the U.S. Army Corps of Engineers (COE); 5. Section 401 Water Quality Certifications issued by IDEM; 6. Local Stormwater Pollution Prevention Plan (SWPPP) and Rule 5 Stormwater N.O.I. required by IDEM; 7. Railroad Crossing and Encroachment Permits, if required; 8. Requirements imposed by reviewing agencies as part of SRF environmental review. E. PUBLIC PARTICIPATION The CONSULTANT shall prepare all public meeting exhibits, host and attend up to three (3) public information meetings. Meeting dates and times shall be scheduled at the convenience of the OWNER. A -13 F. GEOTECHNICAL INVESTIGATION 1. Preliminary Study for Tunneling Assessment (Tunnel Feasibility Study) CONSULTANT, through a specialty SUB - CONSULTANT, shall complete limited geotechnical investigations, for the evaluation of trenchless options, soil types and potential obstructions to tunneling such as buried debris and boulders. For the planning level studies, CONSULTANT shall complete a review of regional geologic conditions, and drill conventional small diameter (4 -8 inch) soil borings. The soil boring shall be logged by experienced geotechnical engineers or geologists to document field observations during drilling. For detailed design, additional investigations and investigation techniques shall be required. Planning level investigation shall include the following tasks: a) Complete a review and summary of soil types and geological conditions the alternative routed using the Clark County Soils Survey and Indiana Geological Survey and identify and potential construction issues. b) Review drilling data base for this area from Indiana Department of Natural Resources. c) Complete soils borings at a limited number of key locations identified during the review of soils conditions to assist in route assessment, constructability review and installation method evaluation. For estimating purposes, 21 borings with an average depth of 40 feet will be included. d) Install and monitor a limited number of piezometers at select location to assess potential dewatering issues. For estimating purposes, 15 piezometer installations are included. If the conclusions of this study are that tunneling is a feasible option, a full Tunneling Geotechnical Investigation and Geotechnical Baseline Report (GBR) may be required. The scope and costs associated with this effort are not included in this Agreement, and would result in a Supplemental Agreement. 2. Detailed Geotechnical Study for Final Design The CONSULTANT shall also provide a detailed a detailed Geotechnical study to support the open- trench design option. The complete scope of this study will be provided to the OWNER during the design for review and approval. A -14 G. PREPARATION AND DEVELOPMENT OF COST OPINIONS The CONSULTANT shall perform quantity computations and provide project cost opinions at the 30 %, 60 %, 90% and 100% submittal stages. H. BIDDING The CONSULTANT shall provide the following: 1. Prepare the Notice to Bidders. 2. Provide Construction Documents to Lynn Imaging for reproduction and distribution. 3. Attend and host the Prebid Meeting. 4. Prepare and distribute addenda during the bidding process. 5. Respond to contractor questions and additional information requests. BID OPENING AND AWARD The CONSULTANT shall provide the following: 1. Attend Bid Opening and open the bids. 2. Tabulate all bids received. Analyze and compare bids. 3. Determine lowest responsible, responsive bidder. Make recommendation to the OWNER. 4. Assist in the process of Bid Award. Coordinate with SRF. 5. Assist in execution of the construction contract process. J. SURVEYING The CONSULTANT shall perform a topographic field survey to establish a map of the project area and areas which are relevant to the planning of the project and selection of the final route by gathering appropriate supplemental information including the following: 1. Coordinate with utility companies and OWNER's representative to obtain utility maps and plans. CONSULTANT shall identify major utility conflicts, and to develop mitigation plans to eliminate /reduce conflicts. Specific activities include: a) Determine critical locations along proposed routing corridors where utility conflicts are expected. b) Request utility locates as needed in identified critical area from Indiana Underground Plant Protection Service (I.U.P.P.S.) and OWNER. Review field markings. c) Coordinate with affected utilities to obtain utility maps and plans in identified areas. A -15 d) Determine locations where further subsurface utility engineering (S.U.E.) may be needed. Start S.U.E. in appropriate locations as needed. e) Produce utility location drawings based upon information from I.U.P.P.S and OWNER locates, collected utility mapping and plans, meetings with affected utility companies, and S.U.E. results for the indentified critical areas. f) Hold up to 10 utility coordination meetings with impacted utilities and the OWNER to review location mapping and confirm accuracy of locates. g) Compare proposed routing Plan & Profile sheets to utility location drawings at critical areas to estimate levels of conflict within the identified critical locations. 2. Perform Field Survey in sufficient detail to obtain the following critical features and elements: a) Locate soil boring locations and adjacent ground elevations. b) Locate critical utilities that may impact the alignment. c) Identify limits of existing channel banks and bottom of levels. d) Locate any surface features that may impact the alignment selection such as historic structures and other areas indentified during the Historical/Archeological review. e) Complete confined space entry into selected existing sanitary facilities to determine critical elevations and configuration. For estimating purposes 25 confined space entries are included. 3. Prepare a Survey and Utility Coordination Technical Memorandum with appropriate maps and field survey documentation. A -16 III. DESIGN AND PLAN DEVELOPMENT The CONSULTANT shall provide all of the above - described items and deliver them to the OWNER in the following fashion: A. SCHEMATIC DESIGN PHASE (30% COMPLETION) 1. Following receipt of a fully executed contract, the Designer shall proceed with the design and preparation of schematic plans (30% completion). 2. The CONSULTANT shall prepare schematic design studies consisting of drawing and other documents illustrating the scale and relationships of the project components for presentation to, and review and approval by the OWNER. These studies, plans and documents shall include the following: a) The Project Scope kick -off meeting b) The Project work plans c) The Hydraulic /Model /Pipe sizing update d) Preliminary Interceptor layout, including plan and profile. At this stage, the Owner's GIS Mapping shall be used. e) The initial geotechnical study to determine the feasibility of tunneling. f) Initial topographic surveying to ascertain the accuracy of the Owner's GIS mapping and location of existing utilities that may affect the location of the new interceptor 3. The Consultant shall prepare and provide an updated opinion of the project costs. B. DESIGN DEVELOPMENT PHASE (60% COMPLETION) After receiving authorization from the OWNER to proceed to the Design Development Phase (60 % completion), The CONSULTANT shall perform the following work: 1. Preparation of plans, section, elevations, details, and other drawing that will more accurately show the project and its components. The documents shall include the following: a) Proposed interceptor layout, including plans, profiles, and details. b) Final topographic survey of selected alignment, inclusive of all existing utilities c) The Tunnel Feasibility Study 2. Prepare draft specifications to fix, describe and illustrate the size and character of the entire project in its essentials as to materials, types of A -17 structures, installation and mechanical and/or electrical systems and such other work as maybe required. 3. An updated opinion of the project cost. 4. Furnish all documentation to the VE consultant to facilitate the VE exercise. Attend the VE sessions. C. CONSTRUCTION DOCUMENTS PHASE (90% COMPLETION) After receiving authorization from the OWNER to proceed to the Construction Documents Phase, the CONSULTANT shall perform the following work: 1. Finalize all plans, section, elevations, details, and other drawing that more accurately will show the project and its components. The documents shall include the following: a) Final interceptor layout, including plans, profiles, and details. b) Final topographic survey of selected alignment, inclusive of all existing utilities c) The Tunnel Feasibility Study 2. Final specifications to finalize describe and illustrate the size and character of the entire project in its essentials as to kind of materials, types of structures, installation and mechanical and/or electrical systems and such other work as maybe required. 3. An updated opinion of the project cost. D. BIDDING PHASE (100% COMPLETION) After the authorization from the OWNER to undertake biding, the CONSULTANT shall perform the following services: 1. When a bid date is desired, CONSULTANT shall initiate the Notice to Bidders and submit such to the OWNER'S Project Representative. The Project Representative shall establish and confirm the bid date and time and shall issue all notices and advertisement required by law. 2. The CONSULTANT shall coordinate the bidding process with SRF. Approval of this agency to go out for bids is required. 3. The CONSULTANT shall actively solicit bids and notify contractors. CONSULTANT shall prepare, print and distribute all copies of the final contract documents, including addenda, as required to Lynn Imaging. A -18 4. The CONSULTANT shall schedule and conduct a pre -bid visit to the Project Site early in the bid period, and shall ascertain the need for any letter of clarification or addenda. 5. The CONSULTANT shall be present at bid opening(s). 6. The CONSULTANT shall make written recommendations of contractors, alternates and amounts for award of contracts. A -19 APPENDIX "B" INFORMATION AND SERVICES TO BE FURNISHED BY THE OWNER: The OWNER shall furnish the CONSULTANT with the following: 1. Geographic Information Systems (GIS) mapping of the affected project area in electronic format 2. Internal Television inspection (TVI) of existing combined sewers that may affect the design of the CSO Interceptor, if requested by the CONSULTANT. 3. Confined Space Entry Equipment and support for sewer investigation. 4. Construction Crew assistance and support if sewer spot excavations are deemed necessary. 5. Current (Latest) GIS mapping of the project area. 6. Make available all information pertinent to the project including previous reports and any other data relative to design and construction of the project. 7. Review all studies, reports, sketches, drawing, specifications, proposals and other documents presented by the CONSULTANT. 8. Provide all legal services and costs. 9. Arrange for access and make all provisions for CONSULTANT to enter upon public and private properties as required for CONSULTANT to perform services under this agreement. B -1 APPENDIX "C" SCHEDULE: All Design by the CONSULTANT under this agreement shall be completed and delivered to the OWNER no later than 365 calendar days after the notice to proceed by the OWNER, exclusive of review them by the OWNER or any other regulatory agency such as IDEM or the U.S. EPA. For purposes of contact control the work will be submitted by the CONSULTANT to the OWNER for review and approval within the following approximate time periods: A. Schematic Design Plans, (30 %) submitted within 120 calendar days. B. Design Development Plans, (60 %), submitted within 120 calendar days after receipt of Schematic Design Plans by the OWNER. p g Y C. Construction Documents, submitted within 110 calendar days after Value Engineering Session and receipt of Design Development Approval Plans by the OWNER. D. Bidding Phase ready within 15 calendar days following approval of construction documents by the OWNER. C -1 APPENDIX "D" COMPENSATION A. AMOUNT OF PAYMENT 1. The OWNER shall compensate the CONSULTANT for all the work described in this agreement a total fee Not -to- Exceed $2,133,000.00. 2. The CONSULTANT shall receive compensation for providing the services set forth in Appendix "A ", as follows: ITEM II.A, General Services, items A.1, A.2, A.3, A.4, A.6, and A.7, a lump sum fee of $110,000.00. ITEM II.A, General Services, item A.5, SRF Funding Coordination, a not - to exceed fee of $20,000.00. ITEM II.B, Hydraulic Modeling /Pipe Sizing, a lump sum fee of $85,000.00 ITEM II.C, Design, Plans, Specifications, CD's, as follows: For items 1.a, 1.b, 1.c, 1.d, 1.e, 1.g, 1.h, 1.i, and 1.j, a lump sum fee of $637,500.00 For items 2. a, 2. b, 2. c, 2. d, 2 .e,2.f,2.g,2.1,2.m,2.n,2.o,2.p, a lump sum fee of $707,500.00 For items 1.a.1 and 2.a.1, the Tunneling Feasibility Study, a Not -To- Exceed amount of $30,000.00. Actual cost will be as priced by specialty contractor and approved by the OWNER. For iteml.f, Mulberry Street Interceptor CIPP Rehabilitation, a not -to- exceed fee of $25,000.00. For items 2.i, Green Infrastructure Design, a lump sum fee of $30,000.00 For item 2.j, Market Street Interceptor CIPP Rehabilitation, and item 2.k, Existing CSO Outfall CIPP Rehabilitation, a not -to- exceed fee of $55,000.00. D -1 ITEM II. D, Environmental and permitting, as follows: For items D.1, D.2, D.3 and D.4, a lump sum amount of $80,000.00 For items D.5, Phase 1 Environmental Study, a Not -to- Exceed amount of $10,000.00. Actual cost will be as priced by specialty contractor and approved by the OWNER. ITEM II. E, Public participation, a lump sum fee of $35,000.00 ITEM II. F, Geotechnical Investigation, as follows: For items II.F.1, Preliminary Study for Tunneling assessment, a Not -to- Exceed fee of $40,000.00 Actual cost will be as priced by Geotechnical Consultant and approved by the OWNER. For item II.F.2, Detailed Geotechnical Study for Design, a Not -to- Exceed fee of $60,000.00. The actual cost will be as priced by Geotechnical Consultant and approved by the OWNER. ITEM II. G, Quantity Computations and Cost Opinion, a lump sum fee of $20,000.00 ITEM II. H, Bidding Services, a lump sum fee of $40,000.00 ITEM II. I, Bid Opening and Award, a lump sum fee of $8,000.00 ITEM II. J, Surveying Services, as follows: For items J.1, J.2. and J.4, a lump sum amount of $115,000.00 For items J.3, Vacuum Excavation, a Not -to- Exceed amount of $25,000.00. The actual cost will be as priced by Geotechnical Consultant and approved by the OWNER. B. METHOD OF PAYMENT 1. The CONSULTANT may submit a maximum of one (1) invoice per calendar month for work covered under this Agreement. The invoice shall be submitted to the OWNER. The invoice voucher shall represent the value, to OWNER, of the partially completed work as of the date of the invoice. The CONSULTANT shall attach thereto a summary of each pay item in Section A.2 of this Appendix, percentage completed and prior payments. 2. The OWNER, for and in consideration of the rendering of the services provided for in Appendix "A" agrees to pay to the CONSULTANT for D -2 rendering such services the fees established above in the following manner: a. For completed work and upon receipt of invoices from the CONSULTANT and the approval thereof by the OWNER, payments covering the work performed shall be due and payable to the CONSULTANT. From the partial payment thus computed, there shall be deducted all previous partial fee payments made to the CONSULTANT. 3. In the event of a substantial change in the scope, character or complexity of the work on the project, the maximum fee payable and the specified fee shall be adjusted in accordance with item 12, (changes in work) of the General Provisions, set out in this Agreement. 4. It is anticipated that all services set forth in Appendix "A" shall be completed prior to June 30, 2014. If for any reason the project progresses past this timeline, the CONSULTANT may be due an increase in fee due to inflationary costs for any unfinished services. Any fee increase shall be negotiated between the OWNER and the CONSULTANT. D -3 APPENDIX "E" PROVISIONS REGARDING EMPLOYMENT OF UNAUTHORIZED ALIENS As used herein, "contractor" means a person that has or is attempting to enter into a public contract for services with the City of Jeffersonville. Contractor must enroll in and verify the work eligibility status of all employees newly hired by contractor through the E- Verify program. The E- Verify program means the electronic verification of work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P.L. 104 -208), Division C, Title IV, s. 403(a), as amended, operated by the United States Department of Homeland Security or a successor work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and Control Act of 1986 (Pi. 99 -603). Contractor may not knowingly employ or contract with an unauthorized alien or retain an employee or contract with a person that contractor subsequently learns is an unauthorized alien. If contractor knowingly employs or contracts with an unauthorized alien or retain an employee or contracts with a person that contractor subsequently learns is an unauthorized alien, contractor shall be required to remedy the violation not later than thirty (30) days after the date contractor is notified by the City of Jeffersonville of the violation, and that there is a rebuttable presumption that contractor did not knowingly employ an unauthorized alien if contractor verified the work eligibility status of the employee through the E- Verify program. If contractor fails to remedy the violation within the thirty (30) day period, the City of Jeffersonville shall terminate the public contract for services with contractor for breach of contract, unless the City of Jeffersonville, with whom contractor has a contract determines that terminating the contract would be detrimental to the public interest or public property, in which case the City of Jeffersonville may allow this contract to remain in effect until the City of Jeffersonville procures a new contractor. If the City of Jeffersonville terminate this contract pursuant to this section, contractor is liable to the City of Jeffersonville for actual damages. If contractor use a subcontractor to provide services for work contractor is performing under a public contract for services, the subcontractor must certify to contractor in a manner consistent with federal law that the subcontractor, at the time of certification does not knowingly employ or contract with an unauthorized alien and has enrolled and is participating in the E- Verify program and contractor must maintain on file a certification of a subcontractor throughout the duration of the term of contractor contracts with the subcontractor. E -1 If contractor determine that a subcontractor is in violation of these provisions, contractor may terminate contractor's contract with the subcontractor for the violation. On behalf of contractor, I affirm under the penalties for perjury that we do not knowingly employ an unauthorized alien as that term is defined in Title 8 of the United States Code, section 1324a(h)(3). SIGNATURE 0 C.41.1 PRINTED NAME: TITLE E -2