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HomeMy WebLinkAboutProfessional Services Agreement - Black and Veatch Corp - Services for WWTP Electrical Upgrades1316 Couwy-Crry BumMNG 227 W. JEFFERSON Boul,EWARD Souni BEND. MMANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAY BOARD OF PUBLIC WORKS I June 12, 2018 Donnie Ginn Black & Veatch Corporation 8415 Allison Pointe Blvd, Suite 410 Indianapolis, IN 46250 RE: Professional Services Agreement Dear Mr. Ginn: PHONE 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on June 12, 2018, approved the above referenced agreement regarding engineering and construction administration services for the Waste Water Treatment Plant electrical upgrades in the amount of $602,919. Enclosed please find a copy of the agreement f-br your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Jacob Klosinski, Utilities Al Greek, Utilities GARY A. Gn.o'r SUZANNA M. FRITZBERG EiAZABiz,ri-I A. MARADIK JAws A. Mtjrull� THERESE J, DORAU INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Members of the Board of Public Works Eric Horvath, Director of Public Works Clara McDaniels, Board of Public Works Attorney FROM: Al Greek, Director of Utilities Jacob M. Klosinski, Assistant City Engineer SUBJECT: Agenda Request Form — Professional Services Agreement Wastewater Treatment Plant — Electrical Upgrades DATE: June 1, 2018 The Division of Utilities is requesting the Board of Public Works approval of a Professional Services Agreement with Black & Veatch Corporation for engineering, design, bidding, and construction administration services to provide plans and specifications for the Wastewater Treatment Plant -- Electrical Upgrade project. Background The Department of Public Works and the Division of Utilities engaged Black & Veatch in 2017 to provide a detailed summary and condition assessment of the Wastewater Treatment Plant electrical systems and infrastructure. The resulting report identified deficiencies and solutions to accommodate the upgrade of the electrical infrastructure at the Wastewater Treatment Plant through a staged construction phasing approach. In addition, the report from Black & Veatch addressed industry best practices for the supply of back-up generator power and alternate energy resource alternatives to supplement power generation at the Wastewater Treatment Plant. This design scope, as detailed in the attached Professional Services Agreement, addresses electrical infrastructure upgrades to the East Campus of the Wastewater Treatment Plant and the Northwest Campus. These upgrades include, but are not limited to, motor control center replacements, conduit and wiring upgrades, new transformers and switchgears, new generators for back-up power, and potentially alternate energy recovering to supplement energy use. Future projects will be necessary to address the Administration Building, Digesters, Dewatering Building, and Solid Waste/Central Services Garage. Budget availability is driving the reduced scope of work for the current upgrade project. The funding sources for these improvements shall be directed from funding sources identified by Division of Utilities Wastewater Engineering Accounts (641-0630-793-31-02) and other Wastewater Accounts as appropriate. If there are questions regarding the subject project, please contact Al Greek (Ext. 4210) or Jacob M. Klosinski (Ext. 9496) at the Division of Utilities. 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. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE .............. . . . I ENGINEERS JOINT CON-l-RACT DOCUME.NTS ('10MM11"TEE and Issued and Published Jointly by ACEC A I I. k A 1t 0 11 1 �g P'l I: IAT F (;.I 111�A:Tjf 5 -ASCEAmerican Society of Civil Engineers Ca AGC of Americ QV-Aky rvilple, Quality llrllit%69 National Society of Professional Engineers Prolessional 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 Pr(ictice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS E,I(,'DC E-500 Standard Foran ofAgreernent Between Owner and Engineer for Professional Services. Copyright C 2008 National Society of Professional Engineers for HCUC. All rights reserved. This Agreement has been prepared for use with the Standard General Conditions of the Construction. Contract (EJCDC C-700, 2007 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDC User's Guide to the Owner -Engineer Agreement, EJCDC E-001, 2009 Edition. Copyright 0 2008 National Society of Professional Engineers 1.420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 American Council of Engineering Companies 1015 15th. Street N.W., Washington, DC 20005 (202) 347-7474 Y� YN,y.ao cno¢:o American 'Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 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-500 Standard Farad of Agreement Between Owner and Engineer for Professional Services. Copyright (0 2008 National Society of Professional Engineers for EJCDC. All rights reserved.. TABLE OF CONTENTS Page ARTICLE 1 — SERVICES OF ENGINEER.................................................................................................... 1.01 Scope........................................................................................................ .......... 1 ........................... ARTICLE 2 — OWNER'S RESPONSIBILITIES............................................................................................ 2.01 General ..... ....................................................................... .................. ................ ............................ I ARTICLE 3 -- SCHEDULE FOR RENDERING SERVICES........................................................................ 2 3.01 Commencement............................................................................................................................ 2 3.02 Time for Completion.................................................................................................................... 2 ARTICLE 4 — INVOICES AND PAYMENTS............................................................................................... 2 4.01 Invoices......................................................................................................................................... 2 4.02 Payments....................................................................................................................................... 2 ARTICLE 5 — OPINIONS OF COST............................................................................................................... 3 5.01 Opinions of Probable Construction Cost...................................................................................... 3 5.02 Designing to Construction Cost Limit......................................................................................... 3 5.03 Opinions of Total Project Costs................................................................................................... 3 ARTICLE 6 — GENERAL CONSIDERATIONS............................................................................................ 4 6.01 Standards of Performance............................................................................................................. 4 6.02 Design Without Construction Phase Set-vices.............................................................................. 5 6.03 Use of Documents......................................................................................................................... 5 6.04 Insurance....................................................................................................................................... 7 6.05 Suspension and Termination........................................................................................................ 8 6.06 Controlling Law............................................................................................................................ 9 6.07 Successors, Assigns, and Beneficiaries........................................................................................ 9 6.08 Dispute Resolution...................................................................................................................... 10 6.09 Environmental Condition of Site................................................................................................ 10 6.10 Indemnifiication and Mutual Waiver.......................................................................................... 11 6.11 Miscellaneous Provisions...........................................................................................................1I ARTICLE 7 — DEFINITIONS........................................................................................................................ 12 7.01 Defined Terms............................................................................................................................ 12 ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS.......................................................................... 15 8.01 Exhibits Included........................................................................................................................ 15 8.02 Total Agreement......................................................................................................................... 16 8.03 Designated Representatives........................................................................................................ 16 8.04 Engineer's Certifications............................................................................................................. 16 ......... . .. 1J I ......... . ENGINEERS -JOINT CON]"RAUf DOCUMENTS COMM11"TEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of JUP tA)� , D f 6 ("Effective Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and Black & Veatch Corporation ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Wastewater Treatment Plant Electrical Improvements Design and Construction Phase Services ("Project"). Engineer's services under this Agreement are generally identified as follows: The purpose of this, project is to develop contract documents for needed electrical improvements at the Wastewater Treatment Plant to maintain a high level of service during wet weather events where treatment capacity of 48 mgd (normal) to 77 mgd (peak) conditions are critical to treatment operations. Improvements were identified as options N2 and components of N4 from the WWTP Electrical Evaluation Report. In addition, a study to evaluate the potential capture of solar energy at the WWTP site will be oerformed. Owner and Engineer further agree as follows: ARTICLE 1 — SERVICES OF ENGINEER 1.01 SCOI)e A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. ARTICLE 2 — OWNER'S RE, SPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein and in Exhibit B, Page I EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society ofilrofessional Engineers for EJCDC All riglits reserved. B. Owner shall pay Engineer as set forth in Exhibit C. C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. ARTICLE 3 — SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer is authorized to begin rendering services as of the Effective Date. 3.02 Tire for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided in Exhibit A, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer's performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages, if any, resulting from such failure. ARTICLE 4 — INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 35 days of receipt. 4.02 Payments A. Application to Interest and Principal: Payment will be credited first to any interest owed to Engineer and then to principal. Page 2 EJCAC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. B. Failure to Pay: If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then: 4-. amounts due Engineef- will be inereased at the rate of o per- manth (aF the maximum rate of interest pertmitted by > > and 2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all non -disputed amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Dispitted Invoices: If Owner contests an invoice, Owner shall promptly advise Engineer of the specific basis for doing so, may withhold only that portion so contested, and must pay the undisputed portion. D. Legislative Actions: If after the Effective Date any governmental entity takes a legislative action that imposes taxes, fees, or charges on Engineer's services or compensation under this Agreement, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Owner shall reimburse Engineer for the cost of such invoiced new taxes, fees, and charges; such reimbursement shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. .ARTICLE 5 — OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer's opinions of probable Construction Cost are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, Owner must employ an independent cost estimator as provided in Exhibit B. 5.02 Designing to Consh-itction Cost Limit A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer's rights and responsibilities with respect thereto will be specifically set forth in Exhibit F, "Construction Cost Limit," to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. ARTICLE 6 — GENERAL CONSIDERATIONS 6.01 Standards of Performance A. Standard of Care: 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. B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner -furnished information. C. Consultants: Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, 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. E. Compliance with Laws and Regulations, and Policies and Procedures; 1. Engineer and Owner shall comply with applicable Laws and regulations. 2. Prior to the Effective Date, Owner provided to Engineer in writing any and all policies and procedures of Owner applicable to Engineer's performance of services under this Agreement. provided to Engineer in writing. Engineer shall comply with such policies and procedures, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements. 3. This Agreement is based on Laws and Regulations and Owner -provided written policies and procedures as of the Effective Date. Changes after the Effective Date to these Laws and Regulations, or to Owner -provided written policies and procedures, may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, tunes of performance, or compensation. F. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents. G. 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 Page 4 EJCDC E-500 Agreement between owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Contract Documents Committee (EJCDC C-700, 2007 Edition) unless both parties mutually agree to use other general conditions by specific reference in Exhibit J. H. Engineer shall not at any time supervise, direct, control, or have authority over any contractor 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 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. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. J. Engineer shall not provide or have any responsibility for surety bonding or insurance -related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. K. 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 agents, employees, and Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made regarding the Contract Documents, or any application, interpretation, or clarification, of the Contract Documents, other than those made by Engineer. L. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing. 6.02 Design Without Construction Phase Services A. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required services, Engineer shall have no design, Shop Drawing review, or other obligations during construction and Owner assumes all responsibility for the application and interpretation of the Contract Documents, review and response to Contractor claims, contract administration, processing Change Orders, revisions to the Contract Documents during construction, construction surety bonding and insurance requirements, construction observation and review, review of payment applications, and all other necessary Construction Phase engineering and professional services. Owner waives all claims against the Engineer that may be connected in any way to Construction Phase engineering or professional services- except for those services that are expressly required of Engineer in Exhibit A, Paragraph A1.05. 6.03 Use of Documents A. The Owner acknowledges the Engineer's construction documents, including all electronic files, as instruments of professional services. Nevertheless, the final construction documents, including all electronic files, prepared under this agreement shall become the property of the Owner upon completion of services and payment in full of all monies due to the Engineer. The Owner shall not reuse or make any modification to the construction documents without the prior written authorization of the Engineer. All r,....,. eats are insfrements e f se ---_-_----- Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Co right © 2008 National Society of Professional Engineers for EJCDC. All. rights reserved. fespeet to this and Engineer shall retain an ewaeFship and pr-apeAy in4erest thefein r (ineluding the eepyfight and the fight of reuse at the diseFetien of the E"gi"eer) whether- or- ft Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by the Engineer or one of its Consultants. B. Either party to this Agreement may rely that data or information set forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. If the parties agree to other electronic transmittal procedures, such are set forth in Exhibit J. C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronic media format, the transferring party makes no representations as to long-term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents' creator. E. Owner may make and retain copies of Documents for information and reference in connection with use on the Project by Owner. Engineer grants Owner 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, employces, 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. F. If Engineer at Owner's request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. Page G EJCDC E•500 Agreement Between owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. G. At completion of any survey services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all survey data and drawings, upon which it will become the property of the Owner. H. At completion of any traffic study services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all data and models, upon which it will become the property of the Owner. 1. At completion of any geotechnical or material investigation services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all data, upon which it will become the property of the Owner. 6.04 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer. B. Owner shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Owner shall eause 9RgiA00F afld 48 GORSUUantS tO he listed as additional insureds on any general liability applieable to the Pr-qjeet. C. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, property damage (other than to the Work itself), motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. D. Owner and Engineer shall etiaeh-deliver to the Owner other, certificates of insurance evidencing the coverages indicated in Exhibit G, Such certificates shall be furnished prior to commencement of Engineer's services and at renewals thereafter during the life of the Agreement. E. All policies of property insurance relating to the Project shall contain provisions to the effect that Engineer's and its Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against Engineer or its Consultants, or any insureds, additional insureds, or loss payees thereunder. F. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement, and thatrenewal will not be refused, until at least 30 days prior written notice has been given to Owner and Engineer and to each other additional insured (if any) to which a certificate of insurance has been issued. G. At any time, Owner may request that Engineer or its Consultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional Page 7 CJCDC E-500 Agreement Between Owner And Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.05 Suspension and Termination A. Suspension: 1. By Owner: Owner may suspend the Project for up to 90 days upon seven days written notice to Engineer. 2. By Engineer: Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement if Engineer's performance has been substantially delayed through no fault of Engineer. B. Termination: The obligation to provide further services 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 terms hereof through no fault of the terminating party. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish 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 or suspended for more than 90 days for reasons beyond Engineer's control. 3) Engineer shall have no liability to Owner on account of such termination. C. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.B.l.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 thereof; 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, a. By Owner effective upon Engineer's receipt of notice from Owner. Page 8 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C. Effective Date of Termination: The terminating party under Paragraph 6.05.13 may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, 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. D. Payments Upon Termination: In the event of any termination under Paragraph 6.05, 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. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions of Paragraph 6.03.E. 2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.05.D.1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Set -vices as set forth in Exhibit C. 6.06 Controlling Law A. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. 6.07 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 6.07.13 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 in this Agreement: 1. 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. Page 9 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2. 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. Owner agrees that the substance of the provisions of this Paragraph 6.07.0 shall appear in the Contract Documents. 6.09 Dispute Resolution A. Owne-F and li;ngineep agree to negeiiate all dispuies between them in good faith feF a period da�,s ftetn the date of notiee ppier- te invoking the ppeeedures of Exhibit 14 or- othef provisions e this Agreement, er exereising their r-igh4s undef law.- B. , If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights under law. 6.09 Environmental Condition of Site A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. D. It is acknowledged by both parties that Engineer's scope of services does not include any services related to Constituents of Concern. If Engineer or any other party encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then 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, remediatc, or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on 30 days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner" "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or Page 10 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. may be encountered at or near the Site in connection with Engineer's activities under this Agreement. 6.10 Indemnification and Mutual Waiver A. Indemnification by Engineer: To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, members, partners, agents, consultants, and employees from reasonable claims, costs, losses, and damages arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultants. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit 1, "Limitations of Liability." B. Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants as required by Laws and Regulations and to the extent (if any) required in Exhibit 1, Limitations of Liability. C. Environmental Indemnification: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. Percentage Share of Negligence: To the fullest extent permitted by law, a party's total liability to the other party and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party's negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. E. Mutual Waiver: To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other's employees, officers, directors, members, 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. 6.11 Miscellaneous Provisions A. Notices. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. Page 11 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. B. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason, C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. Waiver: A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims: To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. ARTICLE 7 — DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following provisions: 1. Additional Services — The services to be performed for or furnished to Owner by Engineer in accordance with Part 2 of Exhibit A of this Agreement. 2. Agreement — This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments. 3. Asbestos — Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 4. Basic Services — The services to be performed for or furnished to Owner by Engineer in accordance with Part 1 of Exhibit A of this Agreement. 5. Construction Contract — The entire and integrated written agreement between Owner and Contractor concerning the Work. 6. Construction Cost — The cost to Owner of those portions of the entire Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights -of -way, or compensation for damages to properties; Owner's costs for legal, accounting, insurance counseling or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs. Page 12 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National society of Professional Engineers for EJCDC. All rights reserved, 7. Constituent of Concern — Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§ 1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; and (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 8. Consultants — Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates and consultants; subcontractors; or vendors. 9. Contract Documents — Those items so designated in the Construction Contract, including the Drawings, Specifications, construction agreement, and general and supplementary conditions. Only printed or hard copies of the items listed in the Construction Contract are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor — The entity or individual with which Owner has entered into a Construction Contract. 11. Documents — Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 12. Drawings — That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined. 13. Effective Date — The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. 14. Engineer — The individual or entity named as such in this Agreement. 15. Hazardous Waste — The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 16. Laws and Regulations; Laws or Regulations — Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 17. Owner — The individual or entity with which Engineer has entered into this Agreement and for which the Engineer's services are to be performed. Unless indicated otherwise, Page 13 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National society of Professional Engineers for EJCDC. All rights reserved. this is the same individual or entity that will enter into any Construction Contracts concerning the Project. 18. PCBs — Polychlorinated biphenyls. 19. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -hazardous waste and crude oils. 20. Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 21. Radioactive Material — Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 22. Record Drawings — Drawings depicting the completed Project, prepared by Engineer as an Additional Service and based solely on Contractor's record copy of all Drawings, Specifications, addenda, change orders, work change directives, field orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. 23. Reimbursable Expenses — The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and Additional Services for the Project. 24. Resident Project Representative — The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 25. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 26. Shop Drawings — All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 27. Site — Lands or areas to be indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 28. Specifications — That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. Page ld EJCDC E-500 Agreement Dehveen Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 29. Subcontractor — An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 30. Substantial Completion — The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 31. Supplier — A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 32. Total Project Costs — The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project -related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights -of -way, compensation for damages to properties, Owner's costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. 33. Work — The entire construction or the various separately identifiable pans thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included: A. Exhibit A, Engineer's Services. B. Exhibit B, Owner's Responsibilities. C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project Representative. E. Exhibit E, Notice of Acceptability of Work. F. Exhibit F, Genstruetion Cost Inimit. NOT INCLUDED G. Exhibit G, Insurance. NOT INCLUDED Page 15 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. I. Exhibit 1, Limitations of Liability. J. Exhibit J, Special Provisions. K. Exhibit K, Amendment to OwneF Engineef . NOT INCLUDED 8.02 Total Agreement: A. This Agreement, (together with the exhibits identified above) 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 based on the format of Exhibit K to this Agreement. 8.03 Designated Representatives: A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer's and Owner's representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of the respective party whom the individual represents. 8.04 Engineer's Certifications: A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the selection process or in the Agreement execution; "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition; 3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. IN WITNESS WHEREOF, the patties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Page 16 EJCDC E-500 Agreement Between Owner and Engineer for Professionat Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Owner: City of South Bend, Indiana Board of Public Works By: I A Title: Gary A. Gilot, President By: L�> J� f'Oe— Title: Elizabeth A. Maradik, Member By: Title: Therese J. Dordn, Mc ,niber James A. Mueller, Member By: Title: Suzanna M. Fritzberg, Member Engineer: Black & Veatch Corporation By: Donnie H. Hair( Title: Vice President Attest: Title: Mat -tin, Cle4 Date: Id / 9-6 Date: Engineer License or Firm's 10504819 Certificate No. State of., Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 8415 Allison Pointe Blvd, Suite 410 South Bend, Indiana 46601 Indianapolis, Indiana 46250 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D.,P.E. Donnie H. Ginn, P.E. Title: City Engineer Title: - Vice President Phone Number: (5741 23_5-,5933 Phone Number: 3 17-570-8331 Facsimile Number: (574) 235-9171 Facsimile Number: 3 17-570-8356 E-Mail Address: kboyiesoa. southbendhLgov E-Mail Address- GiiinDH@bv.com Page 17 EfCDC le-500 Agreement Between owner and Engineer for Professional Services Copyright (0 2008 National Society ol'Professional Engineers for EJCD(,. All rights reserved. This is EXHIBIT A, consisting of 22 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Engineer's Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1— BASIC SERVICES A 1.01 Study and Report Phase A. Engineer shall: available dStandard text deleted and new text inserted, PHASE 1 - DESIGN AND BID PHASE SERVICES Task 101 — Project Meetings Engineer will attend up to a total of four project meetings with the Owner. The meetings will be held with the Owner at the WWTP site in South Bend, Indiana to update the Owner on project progress and obtain feedback on intermediate deliverables. The kickoff meeting will be held with the Owner to discuss the goals and objectives of the project, to establish the lines of communication, as well as gather data necessary to prepare the design documents. Up to three progress meetings will be held to review the design and status of the project. Meetings will correspond with the Basis of Design Memorandum, 50 percent completion milestone, and 90 percent completion milestone. Two additional workshops will take place: the Solar Energy Workshop will occur after the Basis of Design Memorandum review meeting and the Construction Sequencing Workshop will occur after the 50 percent review meeting. The kickoff meeting will be attended at the site by the project manager, engineering manager, and lead electrical engineer with the electrical project engineer attending by teleconference. The project manager, engineering manager, and lead electrical engineer will attend the three design progress meetings. The Solar Energy Workshop will include a discussion with officials to identify project goals and challenges. The Engineer will discuss costs and benefits of solar power systems, and how Photovoltaic Solar Power could be integrated into the site. This workshop will incorporate participants from the Basis of Design Memorandum review meeting as well as the lead solar technology engineer. Page 1 (Exhibit A— Engineer's Services) EJCDC E-500 Agreement Between owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Task 102 — Basis of Design Memorandum A Basis of Design Memorandum (BDM) will be prepared to provide design information and project direction. The BDM will establish design criteria, project design schedule, project sequencing plan, control descriptions, and other important project design information. Five copies of the Draft BDM will be provided to the Owner for review prior as a separate deliverable to finalize design criteria prior to moving forward with design. The Owner's comments will be incorporated and five copies and one electronic copy in PDF format of the Final BDM will be submitted Task 103 — Solar Energy Study Engineer will review site information and documentation of available rooftops and other potential locations for installation of solar arrays. Upon completion of the workshop and review of the site, a Solar Energy Summary Technical Memorandum will be written to document input obtained during the workshop along with findings from review of available site information. This memorandum will include identification of up to three areas of the facility to target for further development of estimated costs and energy savings evaluations using photovoltaic solar array technology. Five copies of the Draft Solar Energy Summary Technical Memorandum will be provided to the Owner for review. The Owner's comments will be incorporated and five copies and one electronic copy in PDF format of the Final Solar Energy Summary Technical Memorandum will be submitted. Task 104 — Design and Contract Document Development The Engineer will prepare Contract Documents consisting of drawings and specifications to incorporate a total of three low -voltage switchgear lineups, four generators, seven MCCs, a 480V panelboard, and the Compressor Building Network Panel at the Wastewater Treatment Plant as well as demolition of the existing electrical gear, power cable, and conduit. The documents will be prepared for the selection of a private construction contractor on a competitive bid basis. One contract will be prepared for the performance of all work, including procurement of equipment. The Engineer's Standard Documents will be used for preparation of technical specifications and C-700 Standard General Conditions 2013 Edition will be used for the front end documents. The Components of the design include installation of two low -voltage switchgear lineups equipped with drawout power circuit breakers installed in the following locations: • Southeast Switchgear located in the Maintenance Shop appended to the north side of the Compressor Building • Northeast Switchgear located on the Operating Level of the Reuse Building Standby generators will be installed outdoors, adjacent to each of the above mentioned locations. A third generator will be located east of Gallery No, 4. The design shall also include installation of new MCCs to replace the existing outdated equipment located in the following buildings: Page 2 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. • DAF Building • Scum Building • Reuse Pump Station • Gallery No. 1 • Gallery No. 2 • Gallery No. 3 • Disinfection Building • Old Reuse Pump Station The existing Power Building MCC will be replaced with a new 480V panelboard resulting in the existing panelboard being fed by a new panelboard. The MCCs and panelboards are expected to be similar in size to existing equipment and not exceed the design load rating of the existing floors. No structural analysis of the existing structures is expected to be necessary. Any structural analysis or modifications that become necessary due to unforeseen circumstances will be considered supplemental services. A Preliminary Drawing List includes; General • Cover Sheet • Index of Drawings, Abbreviations, Legend and General Notes Civil • Civil Symbology, Legends and General Notes • Site Plan • Recommended Construction Sequence • Horizontal Control and Paving Plan • Grading and Drainage Plan • Civil Details • Erosion and Sediment Control Plan • Erosion and Sediment Control Details • Demolition Plan (1 of4) Page 3 {Exhibit A — Engineer's Services} EJCDC E-500 Agreement Between owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for CJCDC. All rights reserved. • Demolition Plan (2 of 4) • Demolition Plan (3 of 4) • Demolition Plan (4 of 4) Structural • Structural Abbreviations, Legends and General Notes • Generator Foundation Plans and Sections Electrical • Electrical Abbreviations, Legends and General Notes • Power Distribution Functional Diagram — Demo (1 of 4) • Power Distribution Functional Diagram -- Demo (2 of 4) • Power Distribution Functional Diagram — Demo (3 of 4) • Power Distribution Functional Diagram — Demo (4 of 4) • Power Distribution Functional Diagram — New Work - Northeast Switchgear • Power Distribution Functional Diagram — New Work - Southeast Switchgear • Overall Site Plan • Enlarged Southeast Site Plan • Enlarged Northeast Site Plan • Enlarged Northwest Site Plan • Compressor Building Power Plan • Degrit Building Power Plan • DAF Building Power Plan ' • Headworks Building Power Plan • Scum Building Power Plan • Power Building Power Plan • Reuse Building Power Plan Page 4 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Behveen Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. • Gallery No. I Power Plan • Gallery No, 2 Power Plan • Gallery No. 3 Power Plan • Gallery No. 4 Power Plan • Disinfection Building Power Plan • East Tunnel Power Plan (1 of 2) • East Tunnel Power Plan (2 of 2) • Old Reuse Building Power One -Line Diagram • Southeast Switchgear Power One -Line Diagram • Degrit Building MCC Power One -Line Diagram • DAF Building MCC Power One -Line Diagram • Scum Building MCC Power One -Line Diagram • Power Building Panelboard Power One -Line Diagram • Northeast Switchgear One -Line Diagram • Reuse Building MCC Power One -Line Diagram • Gallery No. 1 MCC Power One -Line Diagram • Gallery No. 2 MCC Power One -Line Diagram • Gallery No. 3 MCC Power One -Line Diagram • Disinfection Building MCC Power One -Line Diagram • Gallery No. 4 MCC Power One -Line Diagram • Compressor Building Control One -Line Diagram • Schematic Diagrams (1 of 4) • Schematic Diagrams (2 of 4) • Schematic Diagrams (3 of 4) • Schematic Diagrams (4 of 4) Page 5 (Exhibit A— Engineer's Services) EJCUC E-500 Agreement Between owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for GJCUC. All rights reserved. • Details (1 of 2) • Details (2 of 2) Instrumentation • Instrumentation Abbreviations, Legends and General Notes • Control Block Diagram — Compressor Building • Details Contract Documents will be reviewed by senior engineers for quality assurance. The review will cover conformance to standards, completeness, adherence to sound engineering practices, and constructability. Deliverables for the project include: Basis of Design Memorandum Deliverable • Draft Basis of Design Memorandum • Preliminary Opinion of Probable Construction Cost 50 Percent Design Deliverable • Final Basis of Design Memorandum • Preliminary Construction Sequencing Plan • Civil Plans, Sections and Details • Structural Plans, Sections and Details • Electrical Site, Power Plan and One -Line Diagrams • Instrumentation Diagrams • Technical Specifications including concrete, electrical, instrumentation and functional description • Preliminary Opinion of Probable Construction Cost 90 Percent Design Deliverable • Construction Sequencing Plan • Civil Plans, Sections and Details • Structural Plans, Sections and Details Page 6 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Behveen owner and Engineer for Professional Services Copyright© 2008 National Society of Professional Engineers for EJCDC. All rights reserved. • Electrical Site, Power Plan, Schematic, Details and One -Line Diagrams • Instrumentation Diagrams • Technical Specifications including concrete, electrical, instrumentation and functional description Five sets of drawings and specifications will be provided to the Owner at approximately 50 and. 90 percent completion milestones (total of 10 sets) for review and comment. The Owner will provide comments to the Engineer within ten days of receipt of the drawings and specifications. Five sets of the final drawings and specifications will be provided for the Owner's use, as well as a PDF copy of the Contract Documents for bidding purposes. Task 105 — Subconsultant Services A. Geotechnical Services Geotechnical exploratory work such as soil borings, penetration tests, soundings, subsurface explorations, laboratory tests of soils, rock formations, and other geophysical phenomena which are required to provide information for design will be performed. Up to two borings will be completed at the project site to a depth of 30 feet. No bedrock coring is included. A geotechnical report will be produced by a qualified geotechnical firm interpreting the data from the exploratory work and testing, and establishing anticipated site conditions. The report will indicate the types and performance of subsurface material that is expected to be encountered, types of excavations to be anticipated and recommendations for footings and foundations. B. Survey Services A boundary and topographic surveying will be performed by a qualified land surveyor to confirm existing facilities controls and elevations in four areas at the project site: between headworks and primary treatment basins; north and west of the compressor building; between basins 3 and 4 to the reuse building; and immediately north and west of the chlorine contact basin. The survey will also obtain current site contours and drainage courses; survey control monuments; inverts and locations of gravity storm drains and sanitary sewers; and at grade pavements, fences, walls, etc. Additional surveying services can be provided as a supplemental service. Task 106 — Permits Acquisition Assistance In order to construct the required electrical improvements an electrical permit from the City of South Bend and a Construction in a Floodway permit from the Indiana Department of Natural Resources may be required. Black & Veatch will assist the Owner by completing permit applications and providing drawings and specifications for permit submittal. The Owner will be responsible for all permit fees and application costs. A construction permit from IDEM is not anticipated, Additional permitting assistance can be provided as a supplemental service. Page 7 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Behveen Owner and Engineer for Professional Services Copyright O 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Task 107 — Opinion of Probable Construction Cost The Engineer will prepare an Engineer's Opinion of Probable Construction Cost for the construction of the project. Two preliminary Opinions of Probable Construction Cost will be prepared at the Basis of Design Memorandum and 50 Percent Design deliverables. The final cost opinion will be prepared and delivered to the Owner prior to the Bid opening. Task 108 — Bid Phase Services Owner will place the advertisement of the Invitation to Bid as well as distribute copies of the Bid Documents to prospective Bidders. The Engineer will assist the Owner during the Bid Phase by interpreting the construction contract drawings and specifications. Engineer will lead and prepare for a pre -bid meeting at the Owner's facility as well as prepare a meeting summary for the Owner to distribute. The pre -bid meeting will be attended by the project manager and engineering manager. The Engineer will prepare up to two addenda to the Construction Contract Documents for the Owner to distribute, if required. Engineer will attend the bid opening, make bid tabulations, and review questionnaires and bid documents for completeness. The bid opening will be attended by the engineering manager. Engineer will review the Contractor's bonds and insurance only for the purpose of ensuring Engineer's protections have been included. Engineer will provide a Conformed to Contract (CTC) of the Construction Contract Documents to the Owner in PDF format which will include all front end and bid documents as well as insurance and bonds between the contractor and South Bend. Addenda items and changes to the Construction Contract Documents will not be updated by the Engineer. The Owner will evaluate the bids and prepare the Contractor's Notice to Proceed. Task 109 — Project Management and Administration Provide project supervision, direction, and coordination with the Owner's management and staff. Project administration and management also includes budget and schedule control, document control, coordination of activities, monthly invoicing and project close-out. Engineer will maintain a change register of any scope changes affecting the project budget or schedule and review it with the Owner on a monthly basis. Engineer shall discuss and receive written approval for any scope changes from the Owner prior to proceeding. PHASE 2 - CONSTRUCTION PHASE SERVICES Construction phase services will be provided for IS. consecutive months beginning approximately December, 2018. Services beyond 18 months can be provided as a supplemental service. Task 201 -- Preconstruction Meeting At a date and time selected by the Owner and at a facility provided by the Owner, conduct a Preconstruction conference. The Engineer shall prepare an agenda for the conference and prepare and distribute summary notes. The preconstruction conference will include a discussion of the Contractor's tentative schedules, procedures for transmittal and review of the Page 8 (Exhibit A— Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O' 2008 National society of Professional Engineers for EJCDC. All rights reserved. Contractor's submittals, processing payment applications, critical work sequencing, change orders, record documents, and the Contractor's responsibilities for safety and first aid. Task 202 — Construction Administration The Engineer will perform construction administration services during the construction phase of the project. By performing these services, the Engineer shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project, except as provided in the Scope of Services. In addition, Engineer shall not be responsible for the failure of any contractor, subcontractor, vendor, or other project participant to fulfill contractual or other responsibilities to the Owner, except as provided in the Scope of Services. Engineer shall notify Owner of any failure of the Contractor to conform to the Construction Contract Documents and specifications which becomes known to Engineer in performing Engineer's obligations hereunder. The following engineering services will be provided under this task: • Interpret construction contract drawings when requested by the Owner. • Review and comment on the Contractor's initial and updated construction schedule and advise the Owner as to acceptability. Analyze the Contractor's construction schedule, activity sequence, and construction procedures as applicable to the Owner's ability to keep existing facilities in operation. • Respond to Requests for Information (RFIs) submitted by the Owner or Contractor. Engineer will provide responses to RFIs from the Contractor within ten business days of receipt. Responses to requests that involve input from the Owner may extend longer than ten business days. Up to 30 RFI reviews are included. Additional responses can be provided as a supplemental service. • Assist the Owner in review of up to five Change Order requests by the Contractor and prepare up to five Change Orders, if required. Engineer will assist in preparing proposal requests to the Contractor for changes in Scope, if required, and will prepare and process Change Orders, if required. Additional Change Order assistance can be provided as a supplemental service. • Claim support is not included. Task 203 — Construction Progress Meetings Engineer will attend up to 18 progress meetings, 2 hours each with the Contractor and Owner with 18 being attended at the site by the engineering manager and 12 being attended at the site and 6 attended by teleconference by the lead electrical engineer. Owner or Contractor will preside at the meetings and will be responsible for preparing and distributing meeting summary notes. Task 204 — Shop Drawing and Submittal Review Page 4 (Exhibit A - Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright t0-' 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Engineer will review shop drawings and other data submitted by the Contractor as required by the Construction Contract Documents. The Engineer's review shall be for general conformity to the Construction Contract Documents for the project and shall not relieve the Contractor of any of his contractual responsibilities. Such reviews shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. The Scope of Services is based on review of up to 50 submittals or re - submittals. Additional submittal reviews can be provided as a supplemental service. Engineer will also receive and review guarantees, bonds, and certificates of inspection, tests, and approvals which are to be assembled by the Contractor in accordance with the construction Contract Documents and transmit them to the Owner. Review of "Substitutes" requests by the Contractor shall follow the requirements of the General Conditions in the Contract Documents. The Engineer will perform such reviews as a supplemental service and will track the time and expenses separately for payment. Task 205 — Site Visits Engineer will make periodic visits to the construction site when requested by the Owner to observe construction and confer with the Owner or Contractor concerning problems and/or progress of the Work. The Scope is based on six trips and includes one -day site visits for the lead electrical engineer to review design -related questions and construction conflict or issue resolution. Additional trips may be provided as a supplemental service. The Engineer shall not have responsibility for the superintendence of construction site conditions, safety, safe practices or unsafe practices or conditions, operation, equipment, or personnel other than employees of the Engineer. This service will in no way relieve the Contractor of complete supervision of the Work or the Contractor's obligation for complete compliance to the Contract Documents, The Contractor shall have sole responsibility for safety and for maintaining safe practices and avoiding unsafe practices or conditions. Task 206 — Final Inspection Upon substantial completion, Engineer will conduct an inspection of the project site and prepare a punchlist of items to be completed or corrected by the Contractor before final completion of the project. Engineer will submit results of the inspection to the Owner and Contractor. Upon completion or correction of the items of work on the punch list, Engineer will conduct one final inspection to determine if the work is completed and provide written recommendations to the Owner concerning final payment including a list of items, if any, to be completed prior to the making of such payment. Inspections will be conducted by the lead electrical engineer and engineering manager. Task 207 — Revise Construction Contract Drawings Upon completion of the project, Engineer will revise the construction contract drawings to conform to the construction records. Revisions to the construction contract drawings will be provided by the Contractor for editing by the Engineer. An electronic copy in AutoCAD and PDF formats of the conformed -to -construction drawings will be provided to the Owner. Page 10 (l xhibit A — Engineer's Services) E3CDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for E3CDC. All rights reserved. Task 208 — Project Management and Administration Provide project supervision, direction, and coordination with the Owner's management and staff. Project administration and management also includes budget and schedule control, document control, coordination of activities, monthly invoicing and project close-out. Engineer will maintain a change register of any scope changes affecting the project budget or schedule and review it with the Owner on a monthly basis. Engineer shall discuss and receive written approval for any scope changes from the Owner prior to proceeding. •ee Est �.aierer �a . � �,ee�s�r�•2:+lar.� . • r • a � r " w • . �11i R� ■ r r • r Page 11 (Exhibit A — Engineer's Services) EJCUC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCUC. All rights reserved. ■ a -101,110 w r - ff 25�9`7" aMINOMPI aMINOMPI OWN Left wa�iyiw:n ram. s • \muffm a • • i • Page 12 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 1 HIM. ' v a t A I .0 Ma IMM . r ■ .. . . .. a ..FIN.-._.MMMIN.Wrms - !I. --L-1 .... p • M go Page 13 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. IV 11 ' ■- • \ ■ l ti A r r ■ ■ IN A � � 1 ■ \ • Ill- ----- - - ------- ffI MR•...... . ......... ... pi ■ 011111%.,. r ■ ■ Page 14 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright C 2008 National Society of Professional Engineers for EJCDC. All rights reserved. NO • . r r ffM r. r_ • r. ■_ 0 r Page IS - - - - (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright O 2008 National Society of Professional Engineers for EJCDC. All rights reserved. • „, _ ■. _ r_ ■ ■ a. r ■ RIM ■ MW �. MOM 11111 ■ NOWN a .-W If MV WIAMOMA "IN Page 16 {Exhibit A -- Engineer's Services} EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. � r W t 11l�1lf iY.�1 �i n1�.1�J1�9!��' 1 1 1111i A WUMAUN - V V hiffs "No XAM NO IN I 0 V l - r INS V Page 17 (Exhibit A— Engineer's Services) EJCDC E-500 Agreement Between (honer and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. IMMOMMIRMITSM MMEUE ■IRWIN ■V EaM. I OEM- A • y i mom e. • . ... . . - - - . n . _ . .. . w ..RMMWA ■ Pr ■ ■ .Hpru■ ■ ■ _ GUMM Page 18 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. the end of the eopreetiefl peFied !a aseeFtain whether- a" peAian of the WoFk is subjee! 1-6 2. Together with Owner- or OwHef's fepfesentaflye, visit the Peojeet within one Fnowk b ;T 3. Per-fiarm or provide the fellevving additional Pest GoBstruetion Phase tasks or deliver-abi B. The Pest Constfuetion Phase serviees may eemmenee during the Ganstfuetion Phase and, if not etheFwise madified in this Errhibit A, will tei!minate twelve menths after the eammeneetnei,4 afthe PART 2 -- ADDITIONAL SERVICES A2.01 Additional Services Requiring Oivner's Written Authorization A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 1. Additional meetings, workshops, or presentations with the Owner. 2. Meeting with local, state, federal agencies, or utilities or other affected parties to discuss the project, other than those specifically mentioned 3. Appearances at public hearings or before special boards. 4. Services from specialty subconsultants. 5. Additional strategy support or other related services. 6. Analysis of existing structures housing new equipment, and any related modifications needed to bring the structures to current codes, due to greater than expected equipment loads or other unforeseen circumstances. 7. Support for the application and administration of any funding sources selected by City staff. 8. Additional submittal review. 9. Additional site visits other than those specifically listed. 10. Claim support. 11. Resident Engineer Inspection services. 12. Air permitting support. 13. Environment assessments or impact reports. 14. Start-up and training services. Page 19 (Exhibit A— Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2009 National Society of Professional Engineers for EJCDC. All rights reserved. 15. Photographs or videos of the site. 16. Monitoring the site or adjacent sites for air quality and/or noise. 17. Confined space evaluations or permits. 18. Design of solar technology arrays 19. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 20. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 21. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer's control. 22. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those identified in Paragraph A 1.01.A.4. 23. Services required as a result of Owner's providing incomplete or incorrect Project information to Engineer. 24. Providing renderings or models for Owner's use. 25. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of financial feasibility and cash flow studies, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in' connection with construction performed by Owner. 26. Furnishing services of Consultants for other than Basic Services. 27. Services attributable to more prime construction contracts than specified in Paragraph A LOID. 28. Services during out-of-town travel required of Engineer other than for visits to the Site or Owner's office. Page 20 (Exhibit A -- Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 29. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 30. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 31. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by Exhibit V 32. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.05.A.6, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 33. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 34. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. n.. S W n. 36. Preparation of operation and maintenance manuals. 37. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. 38. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 39. Assistance in connection with the adjusting of Project equipment and systems. 40. Assistance to Owner in training Owner's staff to operate and maintain Project equipment and systems. 41. Assistance to Owner in developing procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related record -keeping. 42. Overtime work requiring higher than regular rates. 42. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. Page 21 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. A2.02 Additional Services Not Requiring Owner's Written Authorization A. Engineer shall advise Owner in advance that Engineer is will immediately commence to perform or furnish the Additional Services of the types listed below, For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. 1. Services in connection with work change directives and change orders to reflect changes requested by Owner. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or -equal" items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work (advance notice not required), (2) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 5. Services (other than Basic Services during the Post -Construction Phase) in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. 6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 7. Services during the Construction Phase rendered after the original date for completion of the Work referred to in A1.05.B. 8. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate submissions by Contractor. 9. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, state, or local safety authorities for similar construction sites. Page 22 (Exhibit A— Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT B, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Owner's Responsibilities Article 2 of the Agreement is supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Provide Engineer with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. B. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following Engineer's assessment of initially -available Project information and data and upon Engineer's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: l . Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions relating to existing surface or subsurface structures at the Site, or hydrographic surveys, with appropriate professional interpretation thereof. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. D. 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. Page L (Exhibit Q — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional Set -vices. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. E. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required. F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. 1. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: I. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. J. Place and pay for advertisement for Bids in appropriate publications. K. Advise 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 constructibility review. L. Furnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. M. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth 8 an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. N. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, Page 2 (Exhibit B— Owner's Responsibilities) EJCDC E-500 Agreement Behveen Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. O. Attend the pre -bid conference, bid opening, pre -construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment visits to the Project. P. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Q. Provide Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. R. Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to Engineer, as a visitor to the Site. S. Perform or provide the following additional services: [Here list any such additional service.]. Page 3 ---- — -- (Exhibit B -- Owner's Responsibilities) EJCDC E-500 Agreement Behveen Owner and Engineer for Professional Services. Copyright Oc 200H National Society of Professional Engineers for EJCDC. All rights reserved. t ME COMPENSATION DECISION GUIDE FOR USE WITH EXHIBIT C TO EJCDC E-500, 2008 EDITION U G6 a� V N d 0� Vcts A > i � p U U © O U y V U cV 7C xCd N Cd � it Qom.] U � L�r � d C4 0 '- C� • � y dj CA O c1i wo 0 as O Uw x 41 V -O U � 4-4 Cj 6 O aM z �N as w d � F+a U z p vUi � �Ua�d U Compensation Decision Guide for Use with Exhibit C to EJCDC E-500, 2008 Edition Copyright ED 2008 National Society of Professional Engineers for EJCDC. All rights reserved. LM M .:y rn O " o 44 O, ral 0 0 U +� o W GG A a Q m O N CH ,� �tl d Cl•, Q O O d � �"t • U O.. N � N ro Cd Cn H Q Co o i � x a7 U U Q bA p� U N t U U �a s�, o � N 3 U W v O © O N CA • O U `t3 a� 'O C ci � d y �I Cd d rz >C w SUGGESTED FORMAT (for use with E-500, 2008 Edition) This is EXHIBIT C, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-1; Basic Services —Lump Sure Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 — OWNER'S RESPONSIBILITIES C2.01 Compensation for Basic Services (other than Resident Project Representative) --- Lump Sion Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer's Resident Project Representative, if any, as follows: 1. A Lump Sum amount of $602,919 based on the following estimated distribution of compensation: a. Phase 1 — Design and Bid Period Services $415,665 b. Phase 2 — Construction Phase Services $187,254 2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the Owner. 3. The Lump Sum includes compensation for Engineer's services and services of Engineer's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 4. The portion of the Lump Sum amount billed for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. B. Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is conditioned on a period of service not exceeding 24 months. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted. Page 1 Exhibit C—Compensation Packet BC-1: Basic Services (other than RPR)-- Lump Sum Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. COMPENSATION PACKET AS-1: Additional Services -- Standard Hourly Rates Article 2 of the Agreement is supplmented to include the following agreement of the parties: C2.05 Compensation for Additional Services— Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Additional Services, if any, as follows: General: For services of Engineer's personnel engaged directly on the Project pursuant to Paragraph A2.01 or A2.02 of Exhibit A, except for services as a consultant or witness under Paragraph A2.0l .A.20, (which if needed shall be separately negotiated based on the nature of the required consultation or testimony) an amount equal to the cumulative hours charged to the Project by each class of Engineer's personnel times Standard Hourly Rates for each applicable billing class for all Additional Services performed on the Project, plus related Reimbursable Expenses and Engineer's Consultant's charges, if any. B. Compensation For Reimbursable Expenses: 1. For those Reimbursable Expenses that are not accounted for in the compensation for Basic Services under Paragraph C2.01 and are directly related to the provision of Additional Services, Owner shall pay Engineer at the rates set forth in Appendix 1 to this Exhibit C. 2. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls and mobile phone charges; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project -related items in addition to those required under Exhibit A. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. 3. The amounts payable to Engineer for Reimbursable Expenses, if any, will be the Additional Services -related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such Additional Services, the latter multiplied by a factor of 1.0. 4. The Reimbursable Expenses Schedule will be adjusted annually (as of January 2019) to reflect equitable changes in the compensation payable to Engineer. C. Other Provisions Concerning Payment For Additional Services: 1. Whenever Engineer is entitled to compensation for the charges of Engineer's Consultants, those charges shall be the amounts billed by Engineer's Consultants to Engineer times a factor of 1.05. Page 1 Exhibit C— Compensation Packet AS-1. Additional Services— Standnrd Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2. Factors: The external Reimbursable Expenses and Engineer's Consultant's Factors include Engineer's overhead and profit associated with Engineer's responsibility for the administration of such services and costs. To the extent necessary to verify Engineer's charges and upon Owner's timely request, Engineer shall make copies of such records available to Owner at cost. Page 2 Exhibit C— Compensation Packet AS-1: Additional services — Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is Appendix 1 to EXHIBIT C, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Reimbursable Expenses Schedule Current agreements for engineering services stipulate that the Reimbursable Expenses are subject to review and adjustment per Exhibit C. Reimbursable expenses for services performed on the date of the Agreement are: Fax $ /page S"xI I" Copies/Impressions /page Blue Print Copies /sq. ft. Reproducible Copies (Mylar) /sq, ft. Reproducible Copies (Paper) /sq. ft. Mileage (auto) 0.54 /mile Field Truck Daily Charge /day Mileage (Field Truck) /mile Field Survey Equipment /day Confined Space Equipment Iday plus expenses Resident Project Representative Equipment /month Specialized Software /hour CAD Charge /hour CAE Terminal Charge /hour Video Equipment Charge /day, $ /week, or $ /month Electrical Meters Charge Jweek, or $ /month Flow Meter Charge Iweek, or $ /month Rain Gauge Iweek, or $ /month Sampler Charge Iweek, or $ /month Dissolved Oxygen Tester Charge Iweek Fluorometer Iweek Laboratory Pilot Testing Charge Iweek, or $ /month Soil Gas Kit Iday Submersible Pump /day Water Level Meter Iday, or $ /month Soil Sampling /sample Groundwater Sampling /sample Health and Safety Level D /day Health and Safety Level C Iday Electronic Media Charge /hour Long Distance Phone Calls at cost Mobile Phone /day Meals and Lodging at cost [Note to User: Customize this Schedule to reflect anticipated reimbursable expenses on this specific Project] Page 1 Exhibit C--Appendix r: Reimbursable Expenses Schedule EJCDC E-500 Agreement Between owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is Appendix 2 to EXHIBIT C, consisting of i pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Standard Hourly Rates Schedule A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 2 to this Exhibit C and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non -project operating costs, and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Article C2. B. Schedule: Hourly rates for services performed on or after the date of the Agreement are: Classification Rate ($/Hour) Project Director 260 Project Manager 215 Engineering Manager 175 Senior Electrical Engineer 230 Electrical Project Engineer 165 Senior I&C Engineer 200 Quality Control Engineer 230 Estimator 165 Engineering Technician 125 Geotechnical Engineer 190 Structural Engineer 175 Mechanical Engineer 175 Project Engineer 145 Project Assistant 95 Page 1 Exhibit C — Appendix 2: Standard Hourly Kates Schedule EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT E, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , NOTICE OF ACCEPTABILITY OF WORK PROJECT: OWNER: CONTRACTOR: OWNER'S CONSTRUCTION CONTRACT IDENTIFICATION: EFFECTIVE DATE OF THE CONSTRUCTION CONTRACT: ENGINEER: NOTICE DATE: To: Owner And To: Contractor From: Engineer The Engineer hereby gives notice to the above Owner and Contractor that the completed Work furnished and performed by Contractor under the above Contract is acceptable, expressly subject to the provisions of the related Contract Documents, the Agreement between Owner and Engineer for Professional Services dated , and the terms and conditions set forth in this Notice. Title: Dated: Page f (Exhibit E -- Notice of Acceptability of work) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 Natinnal Society of Professional Engineers for EJCDC. All rights reserved. CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice of Acceptability of Work ("Notice") is expressly made subject to the following terms and conditions to which all those who receive said Notice and rely thereon agree; 1. This Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2. This Notice reflects and is an expression of the professional judgment of Engineer. 3. This Notice is given as to the best of Engineer's knowledge, information, and belief as of the Notice Date. 4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor's work) under Engineer's Agreement with Owner and under the Construction Contract referred to in this Notice, and applies only to facts that are within Engineer's knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Agreement and Construction Contract. This Notice is not a guarantee or warranty of Contractor's performance under the Construction Contract referred to in this Notice, nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents. Page 2 (Exhibit E — Notice of Acceptability of work) EJCDC E-500 Agreement Between Owner and Engineer for Professional services. Copyright © 2008 National society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT G, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Insurance Paragraph 6.04 of the Agreement is supplemented to include the following agreement of the parties. G6.04 Insurance A. The limits of liability for the insurance required by Paragraph 6.04.A and 6.04.13 of the Agreement are as follows: 1. By Engineer: a. Workers' Compensation: b. Employer's Liability -- 1) Each Accident: 2) Disease, Policy Limit: 3) Disease, Each Employee: c. General Liability -- 1) Each Occurrence (Bodily Injury and Property Damage) 2) General Aggregate: d. Excess or Umbrella Liability -- 1) Each Occurrence: 2) General Aggregate: Statutory $1,000,000 $1,000,000 $1,000,000 $1,000,000 $2,000,000 $1,000,000 $1,000,000 e. Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage): Each Accident $1,000,000 f. Professional Liability — 1) Each Claim Made $1,000,000 2) Annual Aggregate $1,000,000 g. Other (specify): None 2. By Owner: Page I (Exhibit G - Insurance) EJCDC E-500 Agreement Between owner and Engineer for Professional Services. Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. a. The City of South Bend is a municipal corporation organized under the laws of the State of Indiana, and is self -insured under provisions of Indiana statutes and local ordinance. Specifically, the City of South Bend maintains blanket insurance coverage over real and personal property, and is covered by a non -reverting insurance premium and liability reserve fund created by the City of South Bend, Ordinance #6657-79, pursuant to Indiana Code 34-13-3-4, as amended from time to time. Under said statute, the City's liability is limited to: 1) Seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and 2) Five million dollars ($5,000,000) for injury to or death of all persons in that occurrence,; and 3) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages. • u'a l-; R � � 3. The Owner shall be listed on Engineer's general liability policy as provided in Paragraph 6.04.A. Page 2 (Exhibit G - Insurance) EJCDC C-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. R � � 3. The Owner shall be listed on Engineer's general liability policy as provided in Paragraph 6.04.A. Page 2 (Exhibit G - Insurance) EJCDC C-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT I, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Limitations of Liabili Paragraph 6.10 of the Agreement is supplemented to include the following agreement of the parties: A. Limitation of Engineer's Liability Engineer's Liability Limited to Amount of Insurance Proceeds: Engineer shall procure and maintain insurance as required by and set forth in Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, members, partners, agents, employees, and Consultants to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied, of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultantss (hereafter "Owner's Claims"), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer's insurers in settlement or satisfaction of Owner's Claims under the terms and conditions of Engineer's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). if nesuehrilistiranee�a� r s pfevided with Fespeet to Owner's Claims, then the total liability, in the aggrega4e, of EfIgiflee Owner and anyone elaiffling by, thFough, or- under Owner fOF fffly Effid all sueh uninsufed OWRer'S GlftifflSal et eNeeed $ B. Indemnification by Owner: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, members, partners, agents, employees, consultants, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. Page I (Exhibit I - Limitations on Liability) EJCDC E-500 Agreement Between owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engincers for EJCDC. All rights reserved. This is EXHIBIT J, consisting of 1 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Special Provisions Paragraph(s) _ of the Agreement is/are amended to inclt.tde the following agreement(s) of the parties: None. Page 1 (Exhibit J - Special Provisions) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. r "s� �, ��-� ti� Date Name BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM June 1. 2018 Jacob M. Klosinski Purchasing Department Utilities Wastewater *Al Greek Director of Utilities ❑ Agreement ❑ Contract U Proposal U Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ CIO & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control F-1 Other: Company or Vendor Name Black & Veatch Corporation New Vendor ❑ Yes ® No ❑ If Yes, Approved by Purchasing MBEIWBE Contractor ❑ MBE ❑ WBE MBEIWBE Contractor Requested ❑ No ❑ Yes Name of Company Project Name Wastewater Treatment Plant - Electrical Upgrades Project Number Funding Source 2018 Utilities, Wastewater, Engineering Account Account No. 641-0630-793-31-02 Amount $ 602,919.00 Terms of Contract Lump Sum Itemized Scope) Purpose/Description The Division of Utilities recommends the approval of a Professional Services Agreement with Black & Veatch Corporation to provide engineering and construction administration services for the subject ro'ect. See agreement for balance of information. ❑ Required Contractor's Certification Form Attached (Non - Collusion, Nan -Discrimination, Non -Debarment, E-Verify, lran, etc. Required For Chan' e Orders on l Amount of ❑ Increase $ ❑ Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ® ❑ AI Greek, Director of Utilities ® ❑ Jacob M. Klosinski, Assistant City Engineer ® 11 ,Director of Financial Services, Environmental Services