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HomeMy WebLinkAboutRexburgHeadworksProposalFinal City of Rexburg July 3, 2023 Attn: Justin Beard, P.E. Justin.Beard@rexburg.org TRANSMITTED VIA EMAIL (NO HARD COPY WILL FOLLOW): RE: Rexburg Headworks Upgrade, Professional Engineering Services Proposal Dear Mr. Beard: Thank you for the opportunity to work with the City of Rexburg on this important project. AQUA is providing this scope of services and fee estimate to provide engineering design and construction support services for the Wastewater Treatment Plant (WWTP) Headworks Upgrade. Below is a narrative of our project understanding followed by the proposed scope of work, schedule, and fee estimate. GENERAL PROJECT DESCRIPTION Rexburg City intends to upgrade and expand the capacity of their wastewater treatment plant (WWTP). The City has identified the headworks as the first major facility that will undergo improvements. A master plan was recently completed that includes recommended design criteria and upgrade alternatives for the WWTP, including the headworks facility. The Headworks RFP scope involves review of growth projections, recommended design criteria, and upgrade alternatives for the headworks to furnish a complete headworks design package suitable for bidding and construction. The following items are assumed: • Existing headworks building will be expanded, including new channels for the screening process, new magnetic flow meter, and a new grit chamber. The new channels area will be enclosed in an expanded building area, connected to the existing headworks building. • Existing screens will be reused and an additional screen will be added to the process. • A sluice system will be incorporated to move screenings from the screen area to the washer/compactors. • Two new washer/compactors will be installed. • Building expansion will be CMU block, matching the existing headworks architecture. • All channels will be covered with planking. • HVAC system will be installed and provisions to incorporate odor control in the future will be included. The system will ventilate the channels and equipment separate from the building space. • Some minor building modifications will occur, including changing the access to the electrical room to separate this room from the corrosive environment. • A septage receiving station will be added to the facility incorporating pH, flow, and conductivity measurements. The system will include a card access for users. City of Rexburg Headworks Upgrade Experienced. Effective. Efficient. Page | 2 • Site grading, paving, utility lines, and other local improvements will be designed as needed to accommodate these improvements. • Updated control for the building to incorporate new equipment being added and standardize existing controls. • Relocation of electrical panels located in the process area of the headworks to the electrical room for corrosion protection. • Network updates to modernize the network in the building • Construction length is assumed to be 365 days. SCOPE OF WORK Task 1 – Project Administration 1-A. Project Schedule and Status Reports AQUA shall submit an initial schedule at the project kick-off meeting with pertinent milestones for the major tasks involved in the project. The schedule shall be updated on a monthly basis or when significant changes are agreed upon. An updated project schedule and monthly status report will be submitted each month with the project billing. 1-B. Engineering Phase Meetings At a minimum, AQUA’s project manager and appropriate design team members will meet with the City at the following times. • A “kick-off” meeting to establish project requirements and constraints • “Concepts” meeting(s) to review design criteria and conceptual facility layout alternatives during the preliminary design phase • Review meetings at each design milestone (30%, 60%, & 90%) For fee purposes, AQUA has assumed there will be six (6) additional meetings with the City, with most of these being virtual meetings. AQUA will submit a copy of the meeting agenda to the City for review one working day before each meeting. AQUA will record the minutes of all meetings and submit a draft copy of the meeting minutes to City for review and comment within five (5) working days after each meeting, and before distribution to the meeting attendees. Deliverables AQUA shall provide the City with the following Task 1 items through the end of the design phase (Task 4) only: • Meeting Agendas - draft copy in MS Word for review and comment • Meeting Minutes - draft copy in MS Word for review and comment followed by PDF copy to each attendee • Monthly Status Report - paper copy with invoice and PDF copy by e-mail in a format to be provided by the City • Monthly Updated Project Schedule – paper copy with invoice and electronic copy by e- mail City of Rexburg Headworks Upgrade Experienced. Effective. Efficient. Page | 3 Task 2 – Preliminary Engineering 2-A. Site Reconnaissance AQUA shall conduct a site reconnaissance of the headworks area with the appropriate design team personnel who possess the required level of expertise. City representatives will accompany AQUA during the site visit. 2-B. Review Existing Documents AQUA shall review all applicable technical reports, studies, engineering drawings, underground utility records, as-built drawings, and O&M manuals related to the Headworks and other improvements and utilities in the vicinity of the project site. AQUA shall collect and document data necessary to understand the site constraints to support its findings, conclusions, and recommendations, and to prepare the final design and bid documents for the Project. As part of this review, AQUA will work with the City to establish the design criteria for the headworks upgrade. 2-C. Field Survey A site survey of the headworks area will be performed to provide accurate survey information for this area. This will include a 3D survey of the existing headworks facility. This work will establish accurate building and equipment measurements, improving the ability to accurately tie into the existing facilities as they are currently configured. 2-D. Conceptual Drawings (30%), Cost Estimate, and Design Criteria Memorandum AQUA will provide preliminary layouts of the modified headworks facility along with a preliminary project cost estimate. The conceptual drawings will represent a 30% drawing submittal and will include all major plan view drawings with some section views for clarification. Detailed drawings will not be provided at this level. Electrical one-lines and P&IDs will also be included in this package. The Design Criteria Memorandum will summarize design criteria for this upgrade. Additionally, it will address the general design approach to the project as required and IDAPA 58.01.16.411.03 as noted in an email between the City and AQUA on July 3, 2023. Deliverables AQUA shall submit the following Task 2 items for City’s review, comment, approval, or use: • Draft Design Criteria Memorandum– PDF file • Final Design Criteria Memorandum – One bound signed/sealed copy and PDF copy including all text, tables, graphs figures, exhibits, plates, photographs, site plans, elevations, and drawings • 30% Conceptual Drawings – PDF • Copy of survey control map and report Task 3 – Equipment RFP AQUA will work with the City to develop an Equipment RFP to be used for the selection of the screening, washing/compacting, grit removal, and septage receiving equipment. This document will include the design criteria along with equipment requirements to meet the project requirements of the City. It will also include selection criteria such as cost, operability, references, delivery timelines, warranties, materials of construction, and owner’s preference, which shall be used to evaluate the equipment. Proposals will be solicited from manufactures, reviewed by AQUA and the City, and then with the City’s input a recommendation of award will be made. The City of Rexburg Headworks Upgrade Experienced. Effective. Efficient. Page | 4 equipment can either be purchased directly by the City or assigned to the construction contractor. However, POs shall be issued for submittals so the actual equipment submittals can be used as part of the design process and to help shorten the delivery time for these items. Deliverables • AQUA will provide the RFP document to be sent to equipment manufacturers. • AQUA will review equipment proposals and provide a memorandum with recommendations to City for equipment selection. Task 4 - Final Engineering and Preparation of Construction Contract Documents The Final Engineering Documents prepared by AQUA shall include all engineering services required by the City to carry out the concepts agreed upon by the City in the Preliminary Engineering task. Final Engineering shall include detailed engineering calculations, designs, construction plans, specifications, special conditions, and engineer’s cost estimates for the project, sufficient in content and detail to enable the City to advertise for bids and award the construction contract for the project. The City will prepare the contract front end documents including: • Notice Inviting Bids • Instructions to Bidders • Bid Form • Bid Schedule • Contractor’s Certificate Regarding Worker’s Compensation • Bid Bond • Designation of Subcontractors • Information Required of Bidders • Non-Collusion Affidavit • Contract • Performance Bond • Payment Bond (Labor and Materials) • General Conditions • Special Conditions • Federal Requirements AQUA shall review the City front end documents for conflicts or duplications with AQUA provided sections. If the City does not have a standard set of front end documents, AQUA will provide our standard EJCDC front end documents for review by the City. AQUA shall provide to the City all final complete plans on standard plan or plan and profile 11” x 17” size sheets, with AQUA’s standard title block format. Details shall be drawn to a scale of 1” = 8’, or larger. Dimensions shall be shown in English units. SCADA programming will be performed by SKM Engineering under this contract with the City, Task 7, and will include central SCADA, human-machine interface (HMI), and programmable logic controller (PLC)/operator interface terminal (OIT) programming as required. AQUA shall prepare the final engineer’s construction cost estimate. AQUA shall prepare the estimate in Microsoft Excel and submit it to City with the final plans and specifications. City of Rexburg Headworks Upgrade Experienced. Effective. Efficient. Page | 5 Deliverables AQUA shall submit to City the following for review, comment, approval and use. Provide all electronic files in PDF 4-A. 60% submittal • Half-size plan sets • Specifications outline • Construction cost estimates • Electronic files will be delivered as PDF files 4-B. 90% submittal • Copy of City’s 50% plan review comments with resolution response • Half-size plan sets • Copies of special conditions, technical specifications, description of work, bid form • Construction cost estimate • Electronic files will be delivered as PDF files 4-C. 100% submittal • Copy of City’s 90% plan review comments with resolution response • Half-size plan sets • Copies of special conditions, technical specifications, description of work, bid form • Construction cost estimate • Electronic files will be delivered as PDF files • Documents will be submitted to DEQ for their review and approval • Documents will be submitted to the City for both building permit and flood plain permit review 4-D. Final submittal • Copy of City’s 100% plan review comments with resolution response • One set of original signed/sealed, reproducible, half-size drawing prints • One final technical specifications set • One construction cost estimate • Electronic Files as follows: o PDF file of drawings (after plans have been signed) o PDF file of special conditions, final technical specifications, and description of work o PDF file of construction cost estimate Task 5 – Bidding Services 5-A. Bidding Services AQUA shall assist the City in providing clarification and prepare information to be used in addenda as needed for questions arising during the bidding process. City will prepare any required addenda, if there are special requirements for formatting and distribution, and distribute to the plan holders. AQUA shall attend the pre-bid meeting. 5-B. Conformed Plans City of Rexburg Headworks Upgrade Experienced. Effective. Efficient. Page | 6 AQUA shall prepare conformed plans for use in the construction of the project. The conformed plans shall reflect changes made during bidding and will be noted as a revision to the final construction plans. Deliverables Conformed Set • One set each of full and reduced size (11”x17”) conformed drawing prints • One set of revised technical specifications • Electronic copies of documents (PDF format) Task 6 - Engineering Services During Construction 6-A. Preconstruction Meeting AQUA shall attend and conduct the project pre-construction meeting with the City and the selected Contractor. The overall project will be reviewed along with project execution and expectations, as included in the contract documents. 6-B. Bi-weekly Meetings During Construction AQUA shall attend and conduct bi-weekly project meetings of one and a half hours each during construction. AQUA will provide the agenda and meeting minutes for each of the meetings. AQUA shall budget for a total of twenty-six (26) construction meetings. 6-C. Submittal Review of Shop Drawings, O&M Manual, Equipment Submittals, and Materials Tests Coordination AQUA shall review all construction shop drawings, Operation and Maintenance (O&M) Manual submittals, equipment submittals, and materials and equipment fabrication and mill testing for complete and strict conformance with the contract plans, specifications, and documents. Submittals will be in either hard copy or PDF file format. AQUA shall maintain a submittal log showing the status of each submittal received. AQUA shall assume each submittal will require at least two separate reviews before acceptance. The City will review select submittals at its discretion after AQUA has completed review and prior to returning submittals to construction manager or contractor. AQUA shall submit to City for its use and records two copies of all preliminary and final shop drawings, which have been reviewed for conformance. It is assumed this project will have seventy (70) submittals to be reviewed as part of this work. AQUA shall confirm any deviations or substitutions submitted by the contractor shall be equal to or of better quality than specified in the contract documents. AQUA shall make its recommendation and review with input from City Staff, and all substitutions shall receive City’s concurrence prior to approval. AQUA shall review contractor’s O&M Manual submittals for complete and strict conformance with the requirements of the contract documents. AQUA shall coordinate and notify the City of all direction for testing of equipment, materials, and appurtenances for conformance with design concepts and the construction contract plans, specifications, and documents. City will not be obligated to be present at such testing. Those tests will be conducted by the vendor or contractor to assure conformance with the designer’s intent City of Rexburg Headworks Upgrade Experienced. Effective. Efficient. Page | 7 and operational criteria. AQUA shall review and evaluate said tests and make appropriate recommendations to the City prior to the installation of equipment and the acceptance of the constructed or furnished facilities. Special inspections, third party testing of soils, welding or other items, will be paid directly by the City and not by the Contractor or Engineer. 6-D. Engineering Support Services, including Monthly Pay Request Review, RFI Responses, and Design Revisions AQUA shall review and approve monthly pay requests by the Contractor. This will include a site review of the items on each pay request and coordinating with the Contractor to ensure all documentation required by the City is provided as part of the pay request. Additionally, AQUA will review and process RFIs (estimated 50) and process design revisions (estimated 10) with input from the City. This work will also include 40 hours of CAD time to prepare minor plan revisions to construction drawings. 6-E. Start-Up & Commissioning AQUA will provide start-up and commissioning services for the project. This will include working with the Contractor to develop a startup plan that is acceptable to the City and allows the startup of the system with the least possible risk to operation of the facility. The startup will include an operational readiness test and functional acceptance before beginning the reliability acceptance test with raw wastewater. AQUA will coordinate these activities with the City to ensure a smooth and good transition of service from the existing processes to the new ones. 6-F. Record Documents AQUA shall prepare contract record drawings from contractor’s redline markups. AQUA shall prepare and submit half-size prints and a PDF copy of the construction record drawings as described in the deliverables section under Task 5. 6-G. Operational Overview/O&M Manual AQUA shall prepare the draft Operational Overview to include the design concepts and operation modes, excluding specific manufacturer product information, parts list, and maintenance procedures. AQUA shall prepare the final Operational Overview for the Project, as designed and constructed including, but not limited to the following: • General description of the Project and how the Project will fit into the facility operation • Intended operational mode of the facility • 11” x 17” record drawings • Site plan and building layout plan showing all piping and electrical conduit runs • Mechanical overview and technical data presented in step-by-step format regarding designs, parts, methods, and intervals of periodic testing, calibration, and adjustments of mechanical and electrical equipment installed by the Contractor • Electrical and instrumentation overview including final wiring diagram, Process and Instrumentation Diagram (P&ID), and technical data presented in step-by-step format regarding methods and intervals of periodic testing, calibration, and adjustments of electrical and control equipment installed by the contractor, and the intended operation mode of the facility • AQUA’s and manufacturers’ recommendations concerning equipment and facility maintenance, including methods and schedules for maintenance, parts lists, City of Rexburg Headworks Upgrade Experienced. Effective. Efficient. Page | 8 recommended spare parts to be maintained on hand, and manufacturers’ and vendors’ names, addresses, and telephone numbers • Appendices with select equipment submittals, performance data, and test results • Data and maintenance instructions concerning any special architectural, engineering, protective coating, and other features provided or used in the construction AQUA shall submit the draft Operational Overview to the City during the Final Design phase of the project. AQUA shall submit the final Operational Overview to the City before startup and testing, and acceptance of the construction contract work by the City, subject to delivery of the portions of the O&M Manual required from the construction contractor. Deliverables • PDF set of preliminary and final accepted shop drawings, as submitted by construction contractor and reviewed by AQUA, or electronic copies of these documents • PDF copy of any sketches prepared during the construction phase to interpret or modify contract plans and specification concepts requiring City approval • Inspection Logs • PDF copy of the final acceptance test results and conclusions • PDF set of 11” x 17” record drawings • Electronic copies of all submittals, RFIs (and responses), and Change Order request documentation. • PDF copy of draft Operational Overview Submittal • PDF copy of final Operational Overview each with a copy of the final O&M Manual provided by the contractor, including available manufacturers’ product cut sheets Task 7 – Construction Observation AQUA will provide onsite construction observation. Onsite observation will include 2 days per week. AQUA personnel will monitor contractor progress, provide input and guidance with respect to conformance with contract documents, and coordinate with the City to minimize impacts to the operational treatment facility. Observation logs will be completed. Task 8 - SCADA Programming With the addition of new hardware, replacement of old hardware and existing hardware to remain in place the SCADA and PLC programming for the headworks and systems integrated into the building (Bio-Tower, pump station) will be re-done with updated controls per standards and methods developed in conjunction with City staff and SKM. CLARIFICATIONS, EXCLUSIONS, AND ADDITIONAL SERVICES Additional or supplemental services beyond the above Scope of Work shall be performed only upon mutual agreement in writing between the City of Rexburg and AQUA. These services include additional work resulting from changes in the extent of the Project or its design including, but not limited to, changes in Project size, complexity, schedule, or character, or construction approach. Geotechnical investigations are not included in this scope of services. It is assumed that previous geotechnical work at the plant site can be used to perform the design. If additional geotechnical work is needed, a change order would be required to include this work. City of Rexburg Headworks Upgrade Experienced. Effective. Efficient. Page | 9 SCHEDULE AQUA is ready and available to begin the design work immediately upon receiving Notice to Proceed. The following is an initial draft schedule for the overall project. Activity # of Days End Date Engineer Notice to Proceed: - 6/22/23 Review of Existing Reports 7 6/29/23 Review Growth & Design Criteria 14 7/13/23 Design Criteria Memo 14 7/27/23 Prepare Equipment RFP Docs 14 8/10/23 RFP Due 28 9/7/23 RFP Recommendations Memo 7 9/14/23 30% Design Package (start with RFP Prep) 49 9/14/23 City Review 7 9/21/23 60% Design Package 35 10/26/23 City Review 7 11/2/23 90% Design Package 35 12/7/23 City and State Review 35 1/11/24 Issue Bidding Documents 7 1/18/24 Contractor Bidding 28 2/15/24 Prepare Contract Documents 14 2/29/24 Construction Notice to Proceed 7 3/7/24 Complete Construction 365 3/7/25 COMPENSATION Based on our review of the project and associated scope of work, we have developed the following cost to complete the work as follows: Task Description Fee 1 Design Project Administration (11 meetings and 8 months estimated) $45,120 2 Preliminary Engineering $59,015 3 Equipment RFP and Selection $20,955 4 60%, 90%, and Final Design $148,900 5 Bidding Services/Conformed Documents $33,805 6 Engineering Services During Construction $210,950 7 Construction Observation $145,840 8 Programming $25,950 TOTAL $690,535 The work can be accomplished for $690,535.00 and will be billed on a lump sum basis for each task. Additional services can be provided upon request and mutual agreement at rates and fees City of Rexburg Headworks Upgrade Experienced. Effective. Efficient. Page | 10 shown in the attached Billing Rate Schedule. AQUA will submit progress invoices on a monthly basis. A manhour breakdown of the work is attached to this proposal. Our standard terms and conditions are attached to this document, as well as the Idaho Community Development Block Grant Agreement Attachment. If you have any questions, please contact me at (801) 694-4604. Sincerely, Justin R. Logan, PE Senior Principal Engineer Encl.: Billing Rate Schedule ICDBG Agreement Attachment Manhour Estimate AUTHORIZATION Project: Rexburg Headworks Upgrade Client: City of Rexburg Scope of Services Accepted by: Authorized Signature Date: AQUA Engineering/Client 4101 E Louisiana Avenue, Suite 400, Denver CO 80246 Standard Terms and Conditions Phone: 720-667-1250 / Corp. Fax: 801-299-0153 I. SCOPE AQUA Engineering (AQUA) agrees to perform the services described in the proposal attached hereto which incorporates these terms and conditions. Unless modified in writing by the parties hereto, the duties of AQUA shall not be construed to exceed those services specifically set forth in the proposal. These terms and conditions and the proposal, when executed by Client, shall constitute a binding agreement on both parties (hereinafter the “Agreement’). II. COMPENSATION Client agrees to pay for the services in Article I in accordance with the compensation provisions in the proposal. Payment to AQUA will be made within 30 days after the date of billing. Interest on the unpaid balance will accrue beginning on the 31st day at the maximum interest rate permitted by law. Time-related charges will be made in accordance with the billing rate referenced in the proposal or Agreement. Direct expenses and Subcontractor services shall be billed in accordance with the proposal or compensation exhibit attached to this Agreement. Otherwise, AQUA’s standard billing rates shall apply. Ill. RESPONSIBILITY AQUA is employed to render a professional service only, and any payments made by Client are compensation solely for such services rendered and recommendations made in carrying out the Work. AQUA shall perform the services in accordance with generally accepted engineering practices and standards in effect when the services are rendered. AQUA does not expressly or impliedly warrant or guarantee its services. In performing construction management services, AQUA shall act as agent of Client. AQUA’s review or supervision of work prepared or performed by other individuals or firms employed by Client shall not relieve those individuals or firms of complete responsibility for the adequacy of their work. The presence of AQUA’s personnel at a construction site, whether as on-site representative, resident engineer or construction manager, shall be for the sole purpose of determining that the work is generally proceeding in conformance with the intent of the project specifications and contract documents and does not constitute any form of guarantee or assurance with respect to contractor’s performance. AQUA shall have no responsibility for the contractor’s means, methods, techniques, sequences, for safety precautions and programs incident to the contractor’s work, or for any failure of contractor to comply with laws and regulations applicable to performing its work. IV. INDEMNIFICATION AQUA agrees to indemnify, defend, and hold Client harmless from and against any liability to the extent arising out of the negligent acts, errors or omissions of AQUA, its agents, employees, or representatives, in the performance of duties under the Agreement. Regardless of any other term of this Agreement, in no event shall AQUA be responsible or liable to the other for any incidental, consequential, or other indirect damages. The Client agrees to limit AQUA’s liability for the Clients damages to AQUA’s fee. V. ATTORNEYS’ FEES In the event of any litigation arising from or related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the nonprevailing party all reasonable costs incurred, including staff time, court costs, attorneys’ fees and all other related expenses in such litigation. VI. INSURANCE AQUA shall maintain during the life of the Agreement the following minimum insurance: 1. Comprehensive general liability insurance, including personal injury liability, blanket contractual liability, and broad form property damage liability. The combined single limit for bodily injury and property damage shall be not less than $1,000,000. 2. Automobile bodily injury and property damage liability insurance covering owned, non-owned, rented, and hired cars. The combined single limit for bodily injury and property damage shall be not less than $1,000,000 3. Statutory Worker’s compensation and employers’ liability insurance as required by state law. 4. Professional liability insurance with limits of not less than $1,000,000. VII. SUBCONTRACTS AQUA shall be entitled, to the extent determined to be appropriate by AQUA, to subcontract any portion of the Work to be performed under this Agreement. VIII. ASSIGNMENT This Agreement is binding on the heirs, successors, and assigns of the parties hereto. The Agreement is not to be assigned by either Client or AQUA without the prior written consent of the other. IX. INTEGRATION These terms and conditions and the proposal to which they are attached represent the entire understanding of Client and AQUA as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. The Agreement may not be modified or altered except in writing signed by both parties, provided further that any terms and conditions in any Task Order or purchase order issued in connection or under the Agreement which are inconsistent with the Agreement are deemed null and void. X. CHOICE OF LAW/JURISDICTION This Agreement shall be administered and interpreted under the laws of the state in which the AQUA office responsible for the project is located. Jurisdiction of litigation arising from the Agreement shall be in that state. XI. SEVERABILITY If any part of the Agreement is found unenforceable under applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall be in full force and effect. XIl. NO BENEFIT FOR THIRD PARTIES The services to be performed by AQUA hereunder are intended solely for the benefit of Client, and no right or benefit is conferred on, nor any contractual relationship intended or established with any person or entity not a party to this Agreement No such person or entity shall be entitled to rely on AQUA’s performance of its services hereunder. XIII. WORK PRODUCT AQUA and Client recognize that AQUA’s work product submitted in performance of this Agreement is intended only for the Client’s benefit and use. Change, alteration, or reuse on another project by Client shall be at Clients sole risk, and Client shall hold harmless and indemnify AQUA against all losses, damages, costs and expense, including attorneys’ fees, arising out of or related to any such unauthorized change, alteration or reuse. Any signed, stamped and dated Construction Documents prepared by the Consultant are the Work Product. CADD files are furnished for convenience only. The transfer of the CADD files for use by the Client shall not be deemed a sale and the Consultant makes no warranty, either express or implied, of merchantability or fitness for any particular purpose. XIV. SUSPENSION OF WORK Work under this Agreement may be suspended as follows: 1. BY Client. By written notice to AQUA, Client may suspend all or a portion of the Work under this Agreement if unforeseen circumstances beyond Client’s control make normal progress of the Work impracticable. AQUA shall be compensated for its reasonable expenses resulting from such suspension including mobilization and de-mobilization. If suspension is greater than 30 days, then AQUA shall have the right to terminate this Agreement in accordance with Article XIV, Termination of Work. 2. By AQUA. By written notice to Client, AQUA may suspend the Work if AQUA reasonably determines that working conditions at the Site (outside AQUA’s control) are unsafe, or in violation of applicable laws, or for other circumstances not caused by AQUA that are interfering with the normal progress of the Work. AQUA’s suspension of Work hereunder shall be without prejudice to any other remedy of AQUA at law or equity. XV. TERMINATION OF WORK This Agreement may be terminated as follows 1. Client (a) for its convenience on 30 days’ notice to AQUA, or (b) for materially breaches this Agreement through no fault of Client and AQUA neither cures such material breach nor makes reasonable progress toward cure within 15 days after Client has given written notice of the alleged breach to AQUA. 2. By AQUA (a) for cause, if Client materially breaches this Agreement through no fault of AQUA and Client neither cures such material breach nor makes reasonable progress toward cure within 15 days after AQUA has given written notice of the alleged breach to Client, or (b) upon five days’ notice if Work under this Agreement has been suspended by either Client or AQUA in the aggregate for more than 30 days. 3. Payment upon Termination. In the event of termination, AQUA shall perform such additional work as is reasonably necessary for the orderly closing of the Work. AQUA shall be compensated for all work performed prior to the effective date of termination, plus work required for the orderly closing of the Work. Except for termination of AQUA by Client for cause, AQUA shall also receive a termination fee equal to 15 percent of the total compensation yet to be earned under existing authorizations at the time of termination. XVI. NOTICES All notices required under this Agreement shall be by personal delivery, facsimile or mail to the AQUA Project Manager and to the person signing the proposal on behalf of the Client and shall be effective upon delivery to the addressed stated in the proposal. Engineer Client 2023 BILLING RATE SCHEDULE Civil Engineering Hourly Billing Rates Senior Principal Engineer 215 Project Engineer III 195 Project Engineer II 175 Project Engineer I 155 Planner/Funding Specialist 135 CAD Manager 145 CAD Designer III 135 CAD Designer II 125 CAD Designer I 110 Administrative/Project Coordinator 95 Const. Management Specialist 160 On-Site Construction Observation 135 Electrical & Controls Engineering (SKM) Hourly Billing Rates Electrical Principal Engineer 215 Electrical Engineer III 195 Electrical Engineer II 175 Electrical Engineer I 155 CAD Manager 145 CAD Designer III 135 CAD Designer II 125 CAD Designer I 110 Controls Engineer III 170 Controls Engineer II 155 Controls Engineer I 140 Electrical Transmission Engineer 205 Administrative 95 Reimbursable Expenses Schedule Direct expenses will be charged at actual cost plus 10% for handling and insurance. Reimbursable (direct) expenses may include, but are not limited to: Additional outside professional services provided beyond those stipulated in the scope of work; Additional copies of reports, drawings, etc. beyond those stipulated in the scope of work; Postage, courier fees, and shipping; Project vehicle mileage (which will be charged at the current IRS rate); Owner-approved, project-related purchases; Project business meals and lodging; Resident project engineer equipment and rental; and Printed Photos. Project Name: Rexburg Wastewater Headworks Improvements ICDBG-23-VI-10-PF Owner (Initial): ___________________ Design Professional (Initial): ___________________ Attachment ______ Idaho Community Development Block Grant (CDBG) Agreement Attachment Between Owner and Design Professional 1. Time of Performance The Design Professional’s schedule for preparing and delivering shall be as follows: Ø Draft Bidding Documents and Drawings for review by applicable regulatory agencies and Owner within ___________ calendar days of the execution of the agreement between the Owner and Design Professional. 2. Environmental Mitigation Measures The Design Professional will design the project to comply with mitigation measures as established and identified in the CDBG environmental review completed in accordance with 24 CFR Part 58. 3. Clean Air and Water (contracts in excess of $100,000) The Design Professional shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 USC 1857h-4 transferred to 42 USC 7607), section 508 of the Clean Water Act (33 USC 1368) , Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). 4. Energy Efficiency The Design Professional shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163 codified at 42 USCA 6321 et. seq.). 5. Minority Business Enterprise Consistent with the provisions of Executive Order 11246 and OMB Super Circular 2 Part 200, the Design Professional will take affirmative steps to ensure minority businesses are used when possible as sources of supplies, equipment, and construction and services. Additionally, the Design Professional should document all affirmative steps taken to solicit minority businesses and forward this documentation to the Owner upon request. 6. Ownership of Document All drawings, specifications, studies, and other material prepared under this contract shall be the property of the Owner and at the termination or completion of the Design Professional’s services shall be promptly delivered to the Owner. The Design Professional shall have no claim for further employment or additional compensation as a result of exercise by the Owner of its full rights of ownership. It is understood, however, that the Design Professional does not represent such data to be suitable for re-use on any other project or for any other purpose. If the Owner re-uses the subject data without the Design Professional’s written verification, such reuse will be at the sole risk of the Owner without liability to the Design Professional. 7. Debarment The Design Professional by executing this contact certifies that neither it nor any firm, corporation, partnership or association in which it has a substantial interest is designated as an ineligible firm by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5). 8. Reports and Information The Design Professional will maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the Owner to ensure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the Owner or its authorized representative, and will be retained for five (5) years after the expiration of this contract. 9. Access to Records It is expressly understood that the Design Professional’s records relating to this contract will be available during normal business hours for inspection by the Owner, the Department, the U.S. Department of Housing and Urban Development, the U.S. Comptroller General, Office of Inspector General, and, when required by law, representatives of the State of Idaho. 10. Employee-Employer Relationship The contracting parties warrant by their signature that no employer-employee relationship is established between the Contractor and the Owner by the terms of this contract. It is understood by the parties hereto that the Design Professional is an independent contractor and as such neither it nor its employees, if any, are employees of the Owner for purposes of tax, retirement system or social security (FICA) withholding. 11. Design Professional’s Insurance The Design Professional warrants that it has obtained, and will maintain at its expense for the duration of this Contract, statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance coverage for its principals and employees for the services to be performed hereunder. The comprehensive general liability insurance shall have, at a minimum, a coverage limit of at least five hundred thousand dollars ($500,000) per occurrence, and one million dollars ($1,000,000) aggregate. 12. Conflict of Interest The Design Professional warrants that it presently has no interest and will not acquire any interest, direct or indirect, in the CDBG project that would conflict in any manner or degree with the performance of its services hereunder. The Design Professional further covenants that, in performing this contract, it will employ no person who has any such interest. Should any conflict of interest, as defined by the CDBG Administrative Rules, arise during the performance of this contract, it will be disclosed and managed according to the CDBG rules. 13. Modification and Assignability of Contract This contract contains the entire agreement between the parties, and no statements, promises or inducements made by either party or agents of either party, that are not contained in the written contract, are valid or binding. This contract may not be enlarged, modified or altered except upon written agreement. The Design Professional may not sub-contract or assign its rights (including right to compensation) or duties arising hereunder without the prior written consent of the Owner and the Idaho Department of Commerce. Any sub-contractor or assignee will be bound by all of the terms and conditions of the Agreement. 14. Section 109 of the Housing and Community Development Act of 1974 The Design Professional will comply with the following provision: No person in the United States may, on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of or be subjected to, discrimination under any program or activity funded in whole or in part, with the funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 will also apply to any such program or activity. 15. Nondiscrimination The Design Professional will not discriminate against any employee or applicant for employment on the basis of race, color, religion, creed, political ideas, gender, age, marital status, physical or mental handicap or national origin. CLIENT:Rexburg PROJECT:Design Headworks TITLE:MAN-HOUR ESTIMATE DATE:June 16, 2023 Senior Principal Engineer Engineer III Engineer II EngineerI Senior CAD Junior CAD Const. Mang. Onsite Observation Project Assistant SKM Principal SKM Engineer II SKM CAD Designer III Travel Costs/Sub Total Task Item $215/hr $195/hr $175/hr $155/hr $135/hr $125/hr $160/hr $135/hr $95/hr $215/hr $175/hr $135/hr 1 Design Project Admin (11 mtgs) 45 61 20 45 61 1300 $45,120 2 (A, B, C)Preliminary Engineering (Site Visit, Review Ex Docs, Survey)4 16 8 4 260 $6,340 2D 30% Design 20 40 60 40 60 5 20 40 40 $52,675 3 Equipment RFP and Selection 12 40 20 10 5 10 10 10 $20,955 4A 60% Design 20 40 60 40 60 5 20 50 50 $55,775 4B 90% Design 20 40 60 40 60 5 20 50 50 $55,775 4C Final Design 10 20 30 15 30 5 20 50 50 $37,350 5A Bidding Services 20 20 10 10 10 5 10 15 15 $19,825 5B Conformed Documents 4 8 4 20 20 4 12 20 $13,980 6A Pre-con Meeting 4 4 4 4 1000 $4,140 6B Bi-Weekly in-person and Virtual PM (26)39 52 26 39 10 20 39 $40,025 6C Submittal Review 20 35 80 60 10 10 35 10 20 50 10 $57,975 6D Eng Support Services, Pay Requests, RFI, Design Rev 25 35 50 60 10 15 24 10 25 60 15 $56,165 6E Start-up and Commissioning 20 30 20 10 4 10 $17,860 6F Record Drawings/Closeout 4 8 10 20 20 4 16 20 $15,730 6G Operational Overview/O&M Manual 4 8 60 5 5 5 4 20 $19,055 7 Site Inspections (2 days per week)60 832 $23,920 $145,840 8 Programming 30 100 2000 $25,950 TOTAL $58,265 $89,115 $81,200 $19,840 $29,700 $36,250 $25,440 $117,585 $8,075 $56,760 $102,025 $37,800 $28,480 $690,535