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HomeMy WebLinkAboutPSA - Donohue & Associates - Study for WWTP Structures1316 COUNTY-CrrY BUILDING 227 W. JEFFERsoN BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS February 14, 2017 Jeremy Roschyk Donohue & Associates, Inc. 100 North Michigan Street, Suite 510 South Bend, IN 46601 RE: Professional Services Agreement Dear Mr. Roschyk: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on February 14, 2017, approved the above referenced agreement in the amount, not to exceed $15,300, regarding the study for the Wastewater Treatment Plant influent structures to automate gates upstream of the Headworks facility, and at the influent flow meter structure, Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, tr��� y� "aAtL;— Linda M. Martin, Clerk Enclosure c: Jacob Klosinski, Environmental Services Al Greek, Environmental Services Carol Kurzhal, Environmental Services GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by = EJCDC ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE W1 Issued and Published Jointly by ACEC Amuiun Cooncu oe Enemeeianr. Conrwiez AMU��� American Society Civil Engineers AGC of America THE&%DONTED UNEPM NNTKJ6 R5 or.WERICA b Qwlily ►enple.Qsaaty Peolecls.r,.i; National Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright @2009 National Society of Professional Engineers for EJCDC. All rights reserved. This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 Edition) of the Engineers Joint Contract Documents Committee. Their provisions are interrelated, and a change in one may necessitate a change in the other. SPECIAL NOTE ON USE OF THIS FORM This abbreviated Agreement form is intended for use only for professional services of limited scope and complexity. It does not address the full range of issues of importance on most projects. In most cases, Owner and Engineer will be better served by the Standard Form of Agreement Between Owner and Engineer for Professional Services (EJCDC E-500, 2008 Edition), or one of the several special purpose EJCDC professional services agreement forms. Copyright © 2009 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202)347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800)548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of February 14 , 2017 ("Effective Date") between M Board of Public Works City of South Bend Indiana ("Owner") Donohue & Associates Inc. ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: WWTP Influent Gate Location Study ("Project"). Engineer's Services under this Agreement are generally identified as follows: Development of a study identifying potential influent channel and gate installation and configuration modifications upstream of the Wastewater Treatment Plant's (WWTP's) headworks. Refer to Exhibit A -Part I for the full Scope of Services. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B. Engineer shall complete its services within a reasonable time, or within the following specific time period: Refer to Exhibit A -Part 2. C. if t1, Project7 d eenstruetion elated prol-ss—i—nal „eryie Shen En&eer!s tityte F �, ccr3—cmra�vf eemr constructionletion of services is conditioned Eni the time for Owner and its earftraetorg-to-� t exceeding A nth,, if the actual ti time to complete _ ..«truetio__ ____ ed the Familler of months indieffted, then Engineer's period of serviee and its tetal eorripensatiart "I! be- EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer finnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed for more than 90 days for reasons beyond Engineer's control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.0l.A.l.b. c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. B. The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.13 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B. Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Pave 3 C. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. D. Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. E. Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier; or of any of their agents or employees or of any other persons (except Engineer's own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the documents and subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. H. To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. I. The parties acknowledge that Engineer's scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment —Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as €ellows indicated in Exhibit C. B. The portion of the compensation amount billed monthly for Engineer's lump sum services will be based upon Engineer's estimate of the percentage of the total lump sum services actually completed during the billing period. EMISM 7.01 Basis ofPayment—Hourly Rates Plus Reimbursable Expenses A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as indicated in Exhibit C and as follows: 1. An amount equal to the cumulative hours charged to the Project by each class of Engineer's employees' tunes multiplied by the standard hourly rates for each applicable billing class for all -hourly services performed on the Project, plus reimbursable expenses and Engineer's consultants' charges, if any. 2. Engineer's Standard Hourly Rates are attachedAppendix-4 included in Exhibit C. EJCDC E-520 Short Form of Agreement Between owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Erm WWAIIA 90 mffllg:. _ — — — MINIMUM m I US WISH- 11111-11 NOW A% if VP "- ill4lim rres WMA 7.02 Additional Services: For additional services of Engineer's employees engaged directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times multiplied by the standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attaelied as Appen .. ' included in Exhibit C. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Paee 6 A. Exhibit A, Engineer's Services. B. Exhibit B, Owner's Responsibilities. C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: City of South Bend, Indiana Engineer: Donohue & Associates, Inc. Board of Public Works By: z I d By: Title: Gary A. Gilot, President Title: 1 urst, Vice President By: Title: Suzanna Fritzberg, Member By: 4 1�, Title: J es A. Mueller, Member By: Title: Elizabeth A. Maradik, Member By: Title: Therese J. D&auW4ember Date Signed: 02�/I Lao (-% Address for eivine notices: City of South Bend Attn: Jacob Klosinski 3113 Riverside Drive South Bend, Indiana 46628 Date Signed: Engineer License or Firm's Certificate No. State of: Indiana 391 873 700 Address for giving notices: Donohue & Associates, Inc. Attn: Jeremy Roschyk 100 North Michigan Street, Suite 510 South Bend, Indiana 46601 EJCDC E-520 Short Porm of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT A, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated 2017. Services PART 1— BASIC SERVICES A. PROJECT UNDERSTANDING 1. The current configuration of the South Bend Wastewater Treatment Plant (WWTP) requires the operation of a valve upstream of the headworks and the influent flow meter to control the flow into the WWTP. 2. The current configuration is such that an influent meter bypass channel is to be used to maintain the meter. 3. The existing bulkheads that allow for use of the bypass channel, and isolation of the influent meter, are stuck in place such that the flow meter cannot be bypassed. 4. The OWNER requires a study to identify alternatives and recommendations for improvements to the influent and bypass channels. B. PROJECT MANAGEMENT I. ENGINEER shall provide project management services throughout the entirety of the project to monitor the budget and schedule while maintaining open and consistent communications with the OWNER's designated project representative. 2. Project management services shall include: a. Status reports provided to the OWNER on regular basis. b. Project schedule updates delivered to the OWNER on a regular basis. C. Project Management phone conferences between the ENGINEER and OWNER on a biweekly basis. C. STUDY DEVELOPMENT 1. ENGINEER shall develop a study identifying potential influent channel and influent gate improvement options. The potential improvements shall be based on the OWNER's concerns and identified issues with the influent channel's existing configuration. 2. Study will include: a. Justification of isolating the meter vault. b. Controlling plant influent flow. C. Several influent gate location alternatives, including a no -action alternative. d. Analysis of critical approach items, including: i. Bypassing flow ii. Construction sequencing iii. Coordination of reduced flow timeframes e. Analysis of an alternative that involves relocating CSO 045 gate. EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page f f. Illustrations of all identified alternatives. i. Bulkheads to remain ii. Replacement of bulkheads with gates (with associated modifications to influent and upstream structures. iii. Any other identified options. g. Electrical and controls considerations from the WWTP's Headworks Building. h. Estimated cost analysis of all alternatives. i. Available record drawings (to be used for reference information only). 3. ENGINEER will coordinate with gate suppliers to identify considerations of bulkhead replacement with gates, including budgetary requirements and risk evaluation. 4. ENGINEER will coordinate with Contractors (e.g. Thieneman Construction, Rain For Rent, etc.) to help determine demolition, installation, bypass pumping and other construction related considerations including: a. Operational considerations b. Risk assessment C. Scheduling requirements d. Budgetary requirements D. ADDITIONAL PROJECT CONSIDERATIONS 1. The Study will be prepared in letter format and is anticipated to be 3-5 pages in length. 2. The ENGINEER will develop the study on the basis that the project will be funded with local funds. Changes due to alternate funding of the project will be considered Additional Services. 3. The OWNER has indicated that the WWTP's influent flow will not be interrupted during any influent gate work, which will be taken into account during the development of the study. E. ITEMS NOT INCLUDED IN SCOPE: The following items are not included as part of this scope. The performance of any of these Additional Services by the ENGINEER will be subject to the issuance of a supplemental agreement. 1. Development of a survey and/or drawings of the OWNER's existing equipment and layout configuration. 2. Development of renderings or models for OWNER'S use. 3. Services during out-of-town travel required of ENGINEER other than visits to the site or OWNER's office. 4. Electrical, mechanical, structural and/or architectural services. 5. Services to make measured drawings of Project, or to investigate the accuracy of drawings or other information furnished by the OWNER. 6. Design Phase Services including: Office Support, Engineering, and/or Contract Document Development. 7. Review of existing conditions via maintenance records and/or video inspection data. 8. Bid Phase Services EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Nee 2 9. Construction Phase Services PART 2—SCHEDULE A. No work under this Agreement shall be performed by the ENGINEER until the ENGINEER receives a written notice -to -proceed (NTP) from the OWNER. B. Based on a Contract approval date of February 14, 2017, all work by the ENGINEER under this Agreement will be completed and delivered to the OWNER for review and approval, as required, within the following time periods: 1. Draft Study March 17, 2017 2. Final Study 14 days following receipt of Draft Study review comments EJCDC E-520Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 3 This is EXHIBIT B, consisting of I pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated 2017. Owner's Responsibilities A. Provide ENGINEER with all criteria and full information as to OWNER's requirements for the Project, including objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards, forms and conditions, which OWNER will require to be included in the Bidding Documents. B. Furnish to ENGINEER any other available information pertinent to the Project including as -built drawings, maintenance records, studies, reports and data relative to previous designs and improvements. C. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of ENGINEER's services, or any defect or nonconformance in ENGINEER's services, the Work, or in the performance of any Contractor. D. Arrange for safe access to and make all provisions for ENGINEER to enter the WWTP as required for ENGINEER to perform services under the Agreement. E. Advise the ENGINEER of the identity and scope of services of any independent consultants employed by OWNER to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. F. Attend the kick-off meeting. G. Inform ENGINEER in writing of any specific requirements of safety or security programs that are applicable to ENGINEER, as a visitor to the Site. EJCDC E-520 Short Form of Agreement Between owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 This is EXHIBIT C, consisting of I page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated 2017. Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC -I: Basic Services — Lump Sum and Hourly Services A. Amount of Payment: I. The ENGINEER shall receive as payment for the services performed under this Agreement the total Lump Sum amount of $15,300, unless a modification of the Agreement is approved in writing by the OWNER. B. Method of Payment: 1. The ENGINEER may submit a maximum of one invoice per calendar month for work covered under this Agreement. The invoice will be submitted to the OWNER. The invoice will represent the value, to the OWNER, of the partially completed work as of the date of the invoice. The ENGINEER will attach thereto a summary of each pay item in Section A of this Appendix, percentage completed and prior payments in a form acceptable to the OWNER. 2. The OWNER for and in consideration of the rendering of the engineering services provided for in this Agreement, agrees to pay the ENGINEER for rendering such services the fee established above upon completion of the work thereunder, acceptance thereof by the OWNER and upon the ENGINEER submitting an invoice as described above. 3. In the event of a substantial change in the scope, character or complexity of the work on the project, the OWNER and ENGINEER shall execute, in writing, a supplemental agreement prior to the ENGINEER providing any additional services. Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 02009 National Society of Professional Engineers for EJCDC. All rights reserved. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date February 2 2017 Name Jacob M. Klosinski Department Utilities - Wastewater BPW Date February 14, 2017 Phone Extension (574) 235-9496 Legal ® Attorney Name Michael Schmidt Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ® Carol Kurzhal ❑ Agreement ❑ Contract U Proposal LJ Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control I-1 Other: Company or Vendor Name Donohue & Associates. Inc. New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBE/WBE Contractor ❑ MBE ❑ WBE MBE/WBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Wastewater Treatment Plant Belt Influent Gate Study Project Number 117-026 Funding Source Utilities Wastewater Engineering Account No. 641-0630-793-31-02 Amount $ 15,300.00 (Not to Exceed) Terms of Contract Lump Sum (see Agreement attached) Purpose/Description Professional Services Agreement with Donohue & Associates to provide a study of the Wastewater Treatment Plant influent structures and provide recommendations to automate gates upstream of the Headworks Facility and at the Influent Flow Meter Structure ❑ Required Contractor's Certification Form Attached (Non - Collusion. Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Amount of U Increase F ] Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Change Copy Original ® ❑ Al ® ❑ Ja ® ❑ C; Director of Utilities Assistant City E Director of Financial Environmental Services INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF UTILITIES TO: Members of the Board of Public Works Eric Horvath, Director of Public Works Michael Schmidt, Board of Public Works Attorney FROM: Al Greek, Director of Utilities Jacob M. Klosinski, Assistant City Engineer SUBJECT: Agenda Request Form — Professional Services Agreement Project no. 117-026 Wastewater Treatment Plant Influent Gate Study DATE: February 2, 2017 The Division of Utilities is requesting the Board of Public Works' approval of a Professional Services Agreement with Donohue & Associates, Inc. to provide Study Phase engineering services for Project No. 117-026 Wastewater Treatment Plant Influent Gate Study. Background The City of South Bend Division of Utilities is evaluating flow control and equipment isolation upstream of the Headworks Building. Currently, the Wastewater Treatment Plant has the ability to divert flow at Combined Sewer Overflow Structure #45 (CSO #45). However, wastewater discharge from the I/N Kote Sanitary Sewer enters the City's interceptor downstream of CSO #45. The only way to isolate flow from the I/N Kote Sanitary Trunk Sewer resides at the Headworks Building at the Wastewater Treatment Plant via three automated gates prior to the Bar Screens. When all three of these isolation gates are closed, 100% of wastewater would be diverted over the weir at CSO #45 provided that the gate at CSO #45 is open (normal condition). In addition, the Wastewater Treatment Plant has a Vault structure which contains the influent flow meter. The method for isolating the influent flow meter for inspection is via large stop log frames and isolation plates which must be maneuvered via crane into Junction Chamber No. 1 and Junction Chamber No. 2. The Division of Utilities attempted to remove and set these plates in 2016 to utilize the 96" diameter bypass pipe with the intention of servicing and inspecting the influent flow meter. The plate for the bypass pipe would not move. Rather than damage the isolation plate or frame and lose the effective use of the WWTP's only influent flow meter, the Utilities Team opted to hold on inspection activities rather than risk a costly emergency repair. As a result, Utilities has budgeted to have an engineering consultant assist with the development of alternatives and cost estimates for automating gates at Junction Chamber No. 1 and Junction Chamber No. 2. Costs will also be reviewed for alternatives for the CSO #45 gate equipment and structure rehabilitation. The Professional Services Agreement, attached, includes a lump sum cost of $15,300.00 (not to exceed) for the study phase of this project. The funding source for the project is Wastewater, Engineering Account (641-0630-793-31-02). If there are any questions regarding the subject project, please contact Al Greek (Ext. 4210) or Jacob M. Klosinski (Ext. 9496) at the Division of Utilities.