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HomeMy WebLinkAboutSSB CONSULTANT CONTRACT UPDATED 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 4'V46 2019("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 Professional Engineering Services including survey, design, plans and specifications, construction documents, modeling, geotechnical, and construction administration and inspection 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 A SUB- CONSULTANT, Strand Associates, Inc. Agreements between the CONSULTANT and the SUB- CONSULTANT shall be made available to the OWNER. WHEREAS, the OWNER, and SUBCONSULTANT did on March 7, 2013, enter into an agreement to provide Professional Engineering Services in connection with the same Combined Sewer Overflow(CSO) Interceptor Project, and this agreement was put on hold by the OWNER at the completion of 80% design on or about November 24, 2014. Said agreement will become null and void upon execution of this new agreement. 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 February 2020. 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 $1,245,220.00. 1 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. SECTION VI GENERAL PROVISIONS 1. Access to Records. The CONSULTANT and its SUB-CONSULTANT 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. Chances 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 apd 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 9 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. 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 11.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 11.B.iii(2)above,or otherwise receiving actual notice of such conviction; v. Within thirty(30)days after receiving notice under subdivision 11.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 3 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 vi. Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs 11.B.i through 11.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. J 4 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. 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. Indeaendent 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 423 Lewman Way 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. J 6 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. 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. ONSULTANT: OWNER: JA '•BI, TOOMBS • Pi LANZ, INC. JEFFERSO .EWER :).ARD ./r/' A'.�k/& V – --- Jor . L. ,' , P.E.,Presiden Mayor Mik: Moore, Preside a AO 40 d __i. , .0 I i. 211# 4 ey 'co, Executive Assistant .i-DK/1/. e;__65-.27(-4-*---r------ Dale Orem, Member 1 /ru:crit..34,14.....„ William A Saege e P.E., L.S, Member Attest: 01 Of ., ichael A. Gi water, Attorney _� 7 APPENDIX "A" PROJECT DESCRIPTION AND BACKGROUND On March 7, 2013, the Jeffersonville Sewer Board (the Owner), entered into an agreement with Jacobi, Toombs and Lanz, Inc. (the Consultant), to provide Engineering Services in connection with the design of the CSO Interceptor as originally planned(the Current Plan) in the Long Term Control Plan(LTCP), which consisted of a 10' x 8' R.C. box sewer for the North-South portion of the interceptor and 84-inch to 54-inch pipe of the West-East portion of the interceptor. In accordance with the March 7, 2013 agreement,the Consultant completed 80%Plans in November 2014 and submitted them to the Owner for review and approval. Due to new regulations adopted by IDEM, phosphorous removal requirements were established for the City of Jeffersonville. Studies performed indicated that it would cost $10M to $15M to develop the required facilities at the Downtown Wastewater Treatment Plant (DWWTP), which would further increase the overall cost of the CSO Interceptor project by approximately 25%. The Sewer Board, the Director and the Design Team then came up with a slightly different plan (the Modified Plan) that would decrease the size of the CSO Interceptor, maximize the pumping capacity of the Tenth Street Pumping Station (TSPS), and install high-rate clarification at the DWWTP that would remove phosphorous during normal flow periods and be able to provide wet weather treatment and function in conjunction with the CSO Interceptor. The Modified Plan, not including the DWWTP expansion, is estimated to cost $30.756M, while increasing the typical-year CSO events from two (2) per year to four(4)per year to the Ohio River, and from three (3)per year to four(4)per year to Cane Run. The original or "current plan" was estimated to cost $52.785M for the CSO Interceptor alone. The March 7, 2013 agreement had a not-to-exceed total fee of$2,133,000.00 At 80% completion, a total of $1,653,011 had been spent, resulting in an unspent balance of$479,989.00, which will not to be used. The Modified Plan estimates the total project to cost a total of$46.292M, which includes the revised CSO Interceptor at$30.756 M, and the Chemically-Enhanced High Rate Clarifier(CEHRC) at $15.536 M. (Design costs for the CEHRC are not a part of this agreement.) H. SCOPE OF WORK AND SERVICES The CONSULTANT shall provide and finalize all the Surveying, Engineering Design, Modeling, Geotechnical work, and all other related work to advance this J project to the Construction Phase. The design shall consist of an open-trench pipe A-1 installation. Construction Administration, observation and inspection is included in this agreement. Fees associated with this work will be added by supplemental agreement. 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 revised 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. 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 twelve (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 J covered by this agreement on a time and materials basis with a not- to-exceed budget. A-2 6. Project Work Plan The CONSULTANT shall update a detailed, written revised project work plan for use as a project management tool. This revised 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 revised work plan shall be submitted to the OWNER for review and approval. B. HYDRAULIC MODELING UPDATE—FINAL RUN The CONSULTANT shall perform the following hydraulic modeling efforts: HYDRAULIC MODEL UPDATE AND EXPANSION 1. Update the hydraulic model to include a more detailed representation of the impacts the Tenth Street Phase 2 Stormwater Separation project had on the Tenth Street and Mechanic Street combined sewers. a. The Tenth Street and Mechanic Street combined sewers will be updated in the model according to the project record drawings. b. No flow meter data is available to recalibrate flows so the Tenth Street and Mechanic Street combined sewer flows will be reduced in the model by a percentage similar to the reduction in combined sewer drainage area as identified by JTL. c. The location of the stormwater inputs remaining on the Tenth Street and Mechanic Street combined sewers will be determined through discussions with JTL, review of provided mapping and field investigations. d. The infiltration remaining of the Tenth Street and Mechanic Street combined sewers will be estimated through discussions with JTL. e. Field investigations for this effort will be limited to 8 hours. A-3 2. Update the hydraulic model to include a more detailed representation of the impacts the proposed Eighth Street Phase 2 Stormwater Separation project will have on the Eighth Street and Mechanic Street combined sewers. a. The Eighth Street and Mechanic Street combined sewers will be updated in the model according to discussions with JTL. b. The Eighth Street and Mechanic Street combined sewers flows will be reduced in the model by a percentage similar to the reduction in combined sewer drainage area as identified by JTL. c. The location of the stormwater inputs remaining on the Eighth Street and Mechanic Street combined sewers will be determined through discussions with JTL. d. The infiltration remaining on the Eighth Street and Mechanic Street combined sewers will be estimated through discussions with JTL. e. The Field investigations for this effort will be limited to 12 hours. 3. Expand the hydraulic model to include the Tenth Street storm sewer. a. The storm sewer will be added to the model according to record drawings. b. No flow meter data is available to calibrate flows so the Tenth Street storm sewer stormwater inputs and drainage basin parameters (area, percent impervious, etc.) will be estimated through record drawings, discussions with JTL and field investigations. c. The storm sewer inputs and corresponding drainage basin parameters will be added to the model. d. Field investigations for this effort will be limited to 8 hours. 4. Expand the hydraulic model to include the Seventh Street, Indiana Street and Eight Street storm sewers. a. The storm sewers will be added to the model according to record drawings. b. No flow meter data is available to calibrate flows so the Seventh Street, Indiana Street and Eighth Street storm sewer stormwater inputs and drainage basin parameters (area, percent impervious, etc.) will be estimated through record drawings, discussions with JTL and field investigations. c. The storm sewer inputs and corresponding drainage basin parameters will be added to the model. d. Field investigations for this effort will be limited to 8 hours. 5. Expand the hydraulic model to include the proposed Eighth and Ohio underground stormwater storage. a. The underground storage parameters (staged volume, hydraulics, etc.) will be determined through discussions with JTL and added to the model. 6. Expand the hydraulic model to include the Chemically-enhanced High Rate Clarifier (CEHRC) effluent to the 96-inch Cane Run sewer. a. The CEHRC will be added to the model to treat flows up to 25 mgd when in excess of the 50 mgd downtown WWTP capacity. A-4 b. Meet with JTL and City to define how the flow will be split at the downtown WWTP and how the effluent will be conveyed to Mill Creek and Cane Run. 7. Expand the hydraulic model to include the Interstate 65 expansion runoff to the 96- inch Cane Run sewer. a. No flow meter data is available to calibrate flows so the Interstate 65 stormwater inputs and drainage basin parameters (area, percent impervious, etc.) will be estimated through record drawings and field investigations. b. The stormwater inputs and corresponding drainage basin parameters will be added to the model. c. Field investigations for this effort will be limited to 12 hours. 8. Expand the hydraulic model to include the Town of Clarksville runoff to the 96-inch Cane Run sewer. a. No flow meter data is available to calibrate flows so the Town of Clarksville stormwater inputs and drainage basin parameters (area, percent impervious, etc.) will be estimated through record drawings and field investigations. b. The stormwater inputs and corresponding drainage basin parameters will be added to the model. c. Field investigations for this effort will be limited to 16 hours. II. HYDRAULIC MODELING ) 1. Use the updated and expanded hydraulic model to evaluate the grade profile of the storage interceptor and diversion sewers. The current storage interceptor and diversion sewer profiles in the model mainly correspond to the JTL revision provided on July 26, 2017. Updates to the profiles will be discussed with JTL and the City of Jeffersonville and will be updated in the model through consensus with JTL and the City of Jeffersonville. 2. Use the hydraulic model to update the sizes of the diversion sewers. The current sizes in the model mainly correspond to the JTL revision provided on July 26, 2017. Updates to the sizes will be discussed with JTL and the City of Jeffersonville and will be updated in the model through consensus with JTL and the City of Jeffersonville. 3. Use the hydraulic model to update the Ohio River CSO regulator elevations. The current elevations in the model correspond to the existing elevations provided by the City of Jeffersonville on July 21, 2017. Updates to the regulator elevations will be determined through consensus with JTL and the City of Jeffersonville. 4. Use the updated hydraulic model to simulate the CSO LTCP typical rainfall year and summarize the resulting CSO discharges in an email summary. } C. DESIGN,PLANS, SPECIFICATIONS, CONTRACT DOCUMENTS 1. Evaluation of Pipe Type and Installation Options A-5 C. DESIGN,PLANS, SPECIFICATIONS,CONTRACT DOCUMENTS 1. 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 material that may provide a sound installation for the interceptor. 2. 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 horizontal alignment was established during the 80%Plan completion and will remain the same. 3. Tenth Street Pump Station (TSPS) Regulator Hydraulics and Design The CONSULTANT shall be responsible for the design of the regulator at the influent channel 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. 4. Storage Interceptor In-line Sluice Gate The CONSULTANT shall design and develop drawings and technical specifications for the storage interceptor in-line sluice gate envisioned at the junction box to be located at Chestnut and Wall Streets. The Sluice gate is expected to motor-activated and controlled by level measurement in the storage interceptor. 5. Communication and Control Panels at TSPS The CONSULTANT shall develop electrical drawings and specifications for communication with the control panel and operation of the Cane Run CSO Regulator and the storage interceptor in-line sluice gate. It is expected that all equipment is to A-6 be located in the control room at the Tenth Street Pump Station (TSPS). 6. 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. 7. 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. 8. 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. 9. Maintenance of Traffic Plans The CONSULTANT shall prepare plans to maintain vehicular and pedestrian traffic thru and around the construction zone. These plans shall become an integral part of the Construction Documents. 10. 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. 11. 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. A-7 12. 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 submit copies to OWNER. Following is a general summary of the QC/QC process: 1. Design submittals shall include 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. 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: • Detailed Geotechnical Study for Final Design A-8 • 60%Design Development Drawings and(revised design) 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. Value Engineering(VE)was preformed earlier on this project. The conclusion of the VE was that the shallow storage was the preferred alternative. As such,no additional VE will be provided. 13. 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, Walnut Street, Meigs Avenue, Mechanic Street, and Graham Street) to divert combined sewage to the storage interceptor. 14. Design CSO Diversion Structures This effort will include the replacement of up to six CSO regulators (at Spring Street, Wall Street, Walnut Street, Meigs Avenue, Mechanic Street, and Graham Street). 15. 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. 16. 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. 17. 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 Market Street combined sewer interceptor that is to remain in place to convey dry weather A-9 • 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. 18. 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. 19. 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. 20. Bidding in Separate Phases, if required Work includes breaking out the project in phases, if required, as follows: Phase 2: From corner of 9th& Indiana(where original Phase 1 project stopped)to corner of Michigan and 8th Street. Phase 3: From corner of Michigan and 8th Street to corner of Chestnut and Wall. Phase 4: From terminus of phase 3 project to Chestnut and Graham, including all connections to CSO Outfalls, rehab of Market Street Sewer, etc. A-10 D. ENVIRONMENTAL AND PERMITTING The CONSULTANT through a specialty SUB-CONSULTANT shall provide the following: 1. Phase I Environmental Property Research CONSULTANT has completed a corridor type Phase I Environmental Site Assessment report for the selected alignment. This work was done in conformance with the scope and limitations of ASTM Practice E1527-06. The goals of this Assessment were to identify, to the extent feasible, recognized environmental conditions in connection with the corridor, which may have includes 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. 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),if any. 3. Construction in a Floodway permits issued by the Indiana Department of Natural Resources(IDNR), if any. 4. Section 404 Construction permits issued by the U.S. Army Corps of Engineers(COE), if any. 5. Section 401 Water Quality Certifications issued by IDEM, if any. A-11 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 one (1) public information meeting. Meeting date and time shall be scheduled at the convenience of the OWNER. F. ADDITIONAL GEOTECHNICAL INVESTIGATION 1. The Consultant shall provide additional geotechnical investigations to verify the results that were obtained during the original plan development for the 80%Plans. This additional work shall include the following: a. Subsurface Exploration and Groundwater Monitoring 1. Installation of three groundwater monitoring wells. 2. Groundwater level monitoring for a period of three (3) months. b. Construction Vibration Effects Recommendations 1. Provide recommendations for a suggested area of study to perform pre-construction structural surveys to establish existing conditions. c. Environmental Considerations 1. Additional recommendations regarding appropriate design or construction phase needs. d. Report 1. After all activities are completed, findings will be presented in a written report. G. PREPARATION AND DEVELOPMENT OF COST OPINIONS A-12 The CONSULTANT shall perform quantity computations and provide project cost opinions at the 60%, 90%and 100% submittal stages. H. BIDDING SERVICES 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. ADDITIONAL TOPOGRAPHIC SURVEY The CONSULTANT shall perform a topographic field survey to update 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. d) Determine locations where further subsurface utility engineering (S.U.E.) may be needed. Start S.U.E. in appropriate locations as needed. A-13 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. K. CONSTRUCTION ADMINISTRATION,OBSERVATION,AND INSPECTION SERVICES The CONSULTANT shall provide Construction Administration, Observation and Inspection Services. The cost of these Services will be determined once plans, specifications and contract document have been finalized and bids have been received. 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. REVISED SCHEMATIC DESIGN PHASE(30%COMPLETION) 1. Following receipt of a fully executed contract, the Consultant shall proceed with the design and preparation of schematic plans (30% completion). A-14 2. The CONSULTANT shall prepare schematic design studies consisting of drawing and other documents illustrating the scale and relationships of the project components. These studies, plans and documents shall include the following: a) The Project Scope kick-off meeting b) The Project work plan 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. 4. No submittal to the OWNER will be made at this stage, only reviews with the Director will be completed. B. REVISED 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 structures, installation and mechanical and/or electrical systems and such other work as maybe required. 3. An updated opinion of the project cost. 4. No VE review or session will be provided. A-15 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, sections, 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 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. 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-16 APPENDIX "B" I INFORMATION AND SERVICES TO BE FURNISHED BY THE OWNER: The OWNER shall furnish the CONSULTANT with the following: 1. Current 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. Make available all information pertinent to the project including previous reports and any other data relative to design and construction of the project. 6. Review all studies, reports, sketches, drawing, specifications, proposals and other documents presented by the CONSULTANT. 7. Provide all legal services and costs. 8. 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. C B-1 APPENDIX "C" SCHEDULE: All Design by the CONSULTANT under this agreement shall be completed and delivered to the OWNER no later than 180 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. Revised Schematic Design Plans, (30%) completed within 45 calendar days. B. Revised Design Development Plans, (60%), submitted within 60 calendar days after completion and review of(30%)plans. C. Construction Documents, (90%) submitted within 60 calendar days after 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. The project date to begin advertising bids is February 15, 2020, and to receive bids is on or before April 1, 2020. C 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 $1,245,220.00. 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 thru A.6, a lump sum fee of $191,600.00 ITEM II.B, Hydraulic Modeling Update—Final Run, Items B.I thru B.II, a lump sum fee of$82,520.00 ITEM II.C, Design, Plans, Specifications, and Contract Documents, Items C.1 thru C.20, a lump sum fee of$756,760.00. ITEM II.D, Environmental and Permitting, Items D.1 and D.2, a lump sum fee of$25,000.00. ITEM II.E, Public Participation, a lump sum fee of$12,500.00. ITEM II.F, Additional Geotechnical Investigation, a lump sum fee of $32,200.00. ITEM II.G, Quantity Computations and Cost Opinions, a lump sum fee of $25,000.00. ITEM II.H, Bidding Services, a lump sum fee of$44,800.00. ITEM II.I, Bid Opening and Award, a lump sum fee of$10,000.00. ITEM ILJ, Additional Topographic Survey, a lump sum fee of$64,840.00. ITEM II.K, Construction Administration, Observation and Inspection. A Supplemental Agreement shall be submitted once bids have been received and address the costs associated with this phase of the Engineering Services 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 D-1 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 rendering such services the fees established above in the following manner: a. For completed work and upon receipt of invoices from the CONS}JLTANT 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 February 15, 2020. 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. s D-2 APPENDIX "E" PROVISION REGARDING EMPLOYMENT OF UNAUTHORIZED ALIENS As required by IC 22-5-1.7, the Contractor affirms under the penalties of perjury that: A. It does not knowingly employ an unauthorized alien. B. The Contractor shall enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Contractor is not required to participate should the E-Verify program cease to exist. C. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. D. The Contractor shall require its subcontractors who perform work under this Contract to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. E. The OWNER may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the OWNER. NONDISCRIMINATION POLICIES Contractor acknowledges that the Owner is an equal opportunity employer and that no person shall on the grounds of race, color, national origin, sex, sexual orientation, gender identity, age, disability, religion, income status, or Limited English Proficiency be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the Owner. During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap and low income in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. E-1 (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap and low income. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the OWNER shall impose such contract sanctions as it may determine to be appropriate, including,but not limited to: (a.) withholding of payments to the contractor under the contract until the contractor complies, and/or (b.) cancellation,termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract,including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the OWNER may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the OWNER to enter into such litigation to protect the interests of the OWNER. IAla 111111m/ SIfair D Jorge I. Lanz, P.E. PRINTED NAME President TITLE E-2