13-Attachment No. 1 REQ-0002500 GLWA Engineering Design Services Contract.pdf

Rev. 8-23-2024; PMP

ENGINEERING DESIGN SERVICES CONTRACT

BETWEEN

GREAT LAKES WATER AUTHORITY, A MICHIGAN MUNICIPAL AUTHORITY

AND

ENTER CONSULTANT COMPANY NAME

REQUISITION NO. 0002500

SCN-_______________________

SOUTHWEST WATER TREATMENT PLANT FLOCCULATION IMPROVEMENTS

TABLE OF CONTENTS

ENGINEERING

SERVICES CONTRACT

Article I: Employment of Consultant Article III: The Contract Documents Article IV: Commencement and Completion Article V: Contract Price; Terms of Payment Article VI: Notices Article VII: Insurance Article VIII: Miscellaneous Provisions EXHIBIT A: Project Details and Scope of Services EXHIBIT B: Contract Documents EXHIBIT C: General Conditions

Article 1: General Provisions

1.1 Definitions

1.2 Relationship of the Parties

Article 2: Owner General Provisions

2.1 General Provisions

Article 3: Information and Assistance Required of Owner Article 4: Consultant Obligations

4.1 General

4.2 Design Phases; Obligations

4.3 Deliverable Review

4.4 Ownership of Documents

4.5 Coordination

4.6 Indemnification

4.7 Royalties and Patents

Article 5: Subcontractors

5.1 No Contractual Relationship

5.2 Award of Subcontracts and Other Contracts for Portions of the Services

5.3 Subcontractor Relations

Article 6: Work by Owner or Third Parties

6.1 Owner’s Right to Perform the Services and to Award Separate Contracts

Article 7: Non-Discrimination Article 8: Time

8.1 Suspension by Owner

8.2 Delays and Extensions of Time

8.3 Acceleration of Performance

Article 9: Invoices, Payments and Completion

9.1 Invoices; Final Payment

9.2 Payments Withheld

Article 10: Costing Basis

10.1 Hourly Rates

10.2 Lump Sum Services

Article 11: Changes in the Work

11.1 General

11.2 Processing Changes in the Services

11.3 Changes for an Owner Act, Error, or Omission

11.4 Allowances

Article 12: Termination

12.1 Termination

12.2 Termination for Cause

12.3 Termination for Convenience

12.4 Obligations Upon Termination

Article 13: Audit

13.1 Owner’s Access to Consultant’s Records

Article 14: Conflict of Interest Article 15: Confidential Information Article 16: Claims

16.1 Claims

16.2 Injury or Damage to Person or Property

16.3 Submittal of Claims; Resolution

EXHIBIT D: Costing Summary and Payment Terms EXHIBIT E: Notice Addresses and Designation of Representatives EXHIBIT F: Insurance EXHIBIT G: Glossary EXHIBIT H: Supplemental General Conditions

GREAT LAKES WATER AUTHORITY

ENGINEERING DESIGN SERVICES CONTRACT

This Engineering Services Contract, requisition no. 0002500, (“Contract”) is made by and between the Great Lakes Water Authority (“Owner”), and Enter Consultant Name, with its principal place of business located at Enter Consultant Address (“Consultant”). Collectively, Owner and Consultant are the “Parties” and individually a “Party”.

Recitals

A. Owner desires to engage Consultant for the purpose of securing from Consultant certain engineering design services (“Services”) as set forth in the Contract Documents; and

B. Consultant is willing and able to perform the Services in accordance with the Contract

Documents; and

Accordingly, in consideration of the promises, the mutual undertakings, and benefits to accrue to the Parties and to the public, the Parties agree as follows:

Article I: Employment of Consultant

1.01 Owner engages Consultant to perform the Services relating to the Project, as the same are described in Exhibit A, Project Details and Scope of Services, and in accordance with the terms and conditions contained in the Contract Documents, which are set forth in Exhibit B, Contract Documents, as administered and directed by Owner, and as may be, if applicable, as set forth in Exhibit H, Supplemental General Conditions. The Contract Documents include, without limitation, Exhibit C, General Conditions.

1.02 Consultant shall comply with and shall require its employees, Subcontractors, and Sub-

Subcontractors to comply with (i) all health, safety, and security policies and procedures in effect at any Owner-owned or operated facility, (ii) any Owner-requested background checks, and (iii) Owner’s security clearance requirements.

1.03 Consultant’s daily working hours while working in or about an Owner-owned or operated facility shall be the same as those worked by Owner employees working in that facility, unless otherwise directed by Owner.

Article II: Contracting Officer

2.01 The Contracting Officer shall be the CPO or, if designated by the CPO, the Owner Project

Manager, as set forth in Exhibit E, Notice of Addresses and Designation of Representatives.

Article III: The Contract Documents

3.01 The Contract Documents shall be as set forth in Exhibit B.

Article IV: Commencement and Completion

4.01 The Services shall be started by the date specified in the Notice to Proceed and shall be completed within the Contract Time specified in Exhibit A.

Article V: Contract Price; Terms of Payment

5.01 Subject to Consultant’s performance of its obligations under the Contract Documents, Owner agrees to pay Consultant the Contract Price stated in Exhibit D, Costing Summary and Terms of Payment.

Article VI: Notices

6.01 “Notice of Termination for Cause”, “Notice of Termination for Convenience”, and “Notice to

Proceed” shall be given in writing, mailed by postage prepaid, signed by the CPO and addressed to Contractor as set forth in Exhibit E.

6.02 Either Party may change its postal address and/or e-mail address at any given time by giving notice of the address change to the other Party.

6.03 “Notice of Change of Address” shall be in writing, mailed by postage prepaid, signed by the authorized representative of the Party, and addressed as set forth in Exhibit E.

6.04 All other notices, consents, approvals, requests, and other communications required or permitted under the Contract Documents, including change of e-mail address, may be given by a Party by e-mail at the e-mail addresses set forth in Exhibit E.

6.05 Notices shall be deemed given on the day of mailing or e-mailing.

6.06 Any notice given in the manner specified in this Article shall be sufficient and Consultant waives all claims relative to the sufficiency of such notice.

Article VII: Insurance

7.01 Consultant shall provide and include in its pricing the insurance required in Exhibit F, Insurance.

Consultant shall fully comply with the terms and conditions of Exhibit F at no additional cost to Owner.

Article VIII: Miscellaneous Provisions

8.01 No part of the Contract Documents may be waived except by written agreement of the Parties.

Forbearance in any form from demanding performance is not a waiver of performance. Until complete performance under the Contract Documents, the Party owed performance may invoke any remedy thereunder or under law, despite its past forbearance.

8.02 If any provision of the Contract Documents, or their application to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of the Contract Documents shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.

8.03 The Contract Documents contain the entire agreement between the Parties and all prior negotiations and agreements are thereby merged. Neither Owner nor its agents have made any representations except those expressly set forth in the Contract Documents, and no rights or remedies are, or shall be, acquired by Consultant by implication or otherwise unless expressly set forth therein.

8.04 Unless the context otherwise expressly requires, (i) the words "herein", "hereof" and "hereunder" and other words of similar import refer to the Contract Documents as a whole and not to any particular section or subdivision; and (ii) as used in the Contract Documents, the singular shall include the plural, and the plural shall include the singular.

8.05 The headings of the sections of the Contract Documents are for convenience only and shall not be used to construe or interpret the scope or intent of the Contract Documents or in any way affect the same.

8.06 The Contract Documents and all actions arising thereunder shall be governed by, subject to, and construed according to the laws of the State of Michigan. Consultant shall submit to the personal jurisdiction of any competent court in Wayne County, Michigan, for any action arising out of the Contract Documents. Service of process at the address and in the manner specified in Article VI, “Notices”, shall be sufficient to put Consultant on notice and waives all claims relative to such notice. Consultant shall not commence any action against Owner because of any matter whatsoever arising out of or relating to the validity, construction, interpretation, and enforcement of the Contract Documents, in any courts other than those in Wayne County, Michigan, unless original jurisdiction can be had in the United States District Court, Eastern District, Southern Division, the Michigan Court of Appeals, or the Michigan Supreme Court. The terms of this Section shall survive the expiration or termination of this Contract.

8.07 If any Subcontractor shall take any action which, if done by a Party, would constitute a breach of the Contract Documents, the same shall be deemed a breach by Consultant with right legal effect. The terms of this Section shall survive the expiration or termination of this Contract.

8.08 This is not an exclusive service contract and, during the term hereof, Owner may contract with other consulting firms and contractors. Consultant is free to render the same or similar services to other clients, provided however, that Consultant’s obligations to Owner contained in the Contract Documents shall not be affected in any manner.

8.09 Consultant warrants that all prices, terms, warranties, and benefits granted to Owner are comparable to or better than the equivalent terms presently being offered by Consultant to any other customer for the performance of the Services.

8.10 Consultant covenants that it is not and shall not become in arrears to Owner upon any contract, debt, or other obligations to Owner. Consultant shall include this provision in any Subcontracts.

8.11 The Contract Documents shall not be construed to create any rights in any third party.

8.12 This Contract may be executed in any number of originals, any one of which shall be deemed an accurate representation of this Contract. Promptly after the execution of this Contract, Owner shall provide a copy to Consultant.

8.13 The rights and benefits under the Contract Documents shall inure to Owner and its agents, successors, and assigns.

8.14 Unless explicitly stated otherwise, the rights and remedies of Owner set forth in the Contract

Documents are not exclusive and are in addition to any of the rights and remedies provided by law or equity.

8.15 Consultant waives any defense it may have to the validity of the execution of the Contract

Documents.

8.16 Owner shall have the right to recover by setoff from any payment owed to Consultant any amounts owed to Owner by Consultant under the Contract Documents or other contracts, and any other debt owed to Owner by Consultant.

8.17 No term or condition of the Contract Documents shall be construed to abrogate the governmental immunity granted to Owner by law.

8.18 Consultant shall not make an assignment of all or any part of the Contract Documents, nor any

Services thereunder, nor any payments due or to become due thereunder, without first obtaining written consent from Owner, which consent may be withheld in Owner’s sole and absolute discretion.

8.19 Owner shall be permitted to make an assignment of the Contract Documents to any successor in interest without the prior consent of Consultant. As soon as practicable thereafter, Owner shall provide written notice to Consultant of the assignment.

8.20 Nothing contained in the Contract Documents shall be construed as to create a relationship of employment, principal and agent, or joint venture between Owner and Consultant. Consultant is an independent contractor with respect to the Services to be performed under the Contract

8.21 Consultant represents and warrants that this Contract has been duly authorized and executed by an individual authorized to bind Consultant to its terms and conditions in accordance with Consultant’s requirements and procedures and constitutes a legal, valid, and binding obligation of Consultant.

8.22 No rights or remedies are, or shall be, acquired by Consultant by implication or otherwise unless expressly set forth in the Contract Documents.

8.23 For purpose of the hold harmless and indemnity provisions contained in the Contract Documents, the term “Owner” shall be deemed to include the Great Lakes Water Authority and all other associated, affiliated, allied or subsidiary entities or commissions, now existing or subsequently created, and their officers, agents, representatives and employees. The terms of this Section shall survive the expiration or termination of this Contract.

8.24 Capitalized terms in the Contract Documents shall have the meanings defined throughout the

Contract and as ascribed in Exhibit G, Glossary.

8.25 Consultant’s design shall consider equipment and product selection with preference given to

“Energy Star” rated equipment and product when possible. All proposed equipment/product choices must be reviewed by Owner’s energy manager for approval only as to the sufficiency of the “Energy Star” rating and/or other applicable energy efficiency ratings; Owner assumes no responsibility for the adequacy, capability or appropriateness of the equipment/product selected by Consultant as it relates to successful completion of the Services.

8.26 Consultant shall be subject to Owner’s “Vendor Performance Assessment”, and the results thereof may impact its future engagements with Owner.

8.27 When the Services require adherence to Owner’s Business Inclusion and Diversity (B.I.D.)

Program as set forth in the Procurement Policy, Consultant shall use its best efforts to ensure compliance with Consultant’s “Diversity Plan”, as finalized and approved by Owner upon execution of this Contract. Owner may monitor and assess Consultant’s compliance with Consultant’s “Diversity Plan” during the term of this Contract.

8.28 Owner shall not be bound by “Unauthorized Acts” in any dealings with Consultant. For purposes of this Section, Unauthorized Acts means any acts by Owner’s employees, agents, or representatives that are not permitted by the Contract Documents.

(Signatures appear on the next page)

Accordingly, Owner and Consultant, by and through their duly authorized officers and representatives, have executed this Contract as of the dates of their respective signatures below.

Enter Consultant Name, Consultant:

By:

Signature

Print Name

Its:

Title

Dated: ____________________________________

Great Lakes Water Authority, Owner:

By:

Choose an item.

Its: Enter title

APPROVED AS TO FORM BY

GLWA GENERAL COUNSEL: ___________________________________

Signature/Date

APPROVED BY GLWA

BOARD OF DIRECTORS: ☐ Not Applicable ☐ Enter Date

EXHIBIT A

PROJECT DETAILS AND SCOPE OF SERVICES

The Project: Southwest Water Treatment Plant Flocculation Improvements

The Services: The Services consist of the following items and as fully described in the Contract Documents.

General. The Southwest Water Treatment Plant (SWWTP) flocculation improvements include replacement of the existing walking beam flocculator with vertical flocculators. The Services shall include project management, engineering, design, construction bid assistance, construction administration, resident project representation (RPR), and training and record document services. The Project generally includes:

1. Demolition and removal of the existing walking beam flocculator, shafts, dropping arms, and paddles for four (4) flocculator basins.

2. Demolition of existing electrical equipment and wiring. Consultant shall evaluate and determine if any electrical equipment is suitable for reuse (e.g., equipment is in good condition and replacement parts are readily available) to reduce construction costs, such as the motor control center (MCC) and conduit.

3. Demolition of the existing concrete motors pads and bearings support pads for the flocculators.

4. Demolition of cages, fencing and gates at existing flocculator motor areas.

5. Restoration of concrete surfaces from demolition (e.g., bases, pads, anchors).

6. Verification that current handrails are adequate and code compliant once the new flocculator equipment is installed. Refinish existing handrails with light preparation and painting and reconfigure as necessary for new flocculators. Evaluate condition of existing anchors for the handrails and replace as needed. Modify handrails for new ladder access as needed. Close openings for existing walking beam (slots in concrete near motors) with new concrete or with covers. Complete handrail replacement may be necessary depending on the final design for the new flocculators and may be a lower estimated construction cost if a detailed condition assessment determines extensive refinishing is necessary.

7. Installation of new vertical paddle flocculators for three (3) basins (desired to be five (5) stages or less). Consultant shall determine the necessary number of vertical flocculators required based on engineering judgment, supplier recommendations and hydraulic modeling. The Consultant will review existing data and determine optimal velocity gradients (“G” and “Gt” Values) for the flocculators. A life cycle cost analysis shall be completed when selecting between alternative equipment or methodologies (e.g., selecting between paddle-style versus impeller-style vertical flocculators). Consultant shall coordinate with the GLWA operations team to finalize work restrictions for successful future construction phasing and capture the same in the Construction

8. Concrete coring for each vertical flocculator. Consultant shall assess the existing structure and design any necessary structural improvements to accommodate vertical flocculators (e.g., consider uplift, equipment weight). Note that GLWA desires that the cored diameter be sufficiently sized to easily replace components of the flocculator, but not excessively oversized where it exacerbates egress or requires additional structural work such as reinforcing around the opening.

9. Providing new motors with overcurrent protection for new flocculators. Provisions shall be included that protect the new equipment from over-torque conditions. Provide one (1) variable frequency drive (VFD) cabinet to control for each stage with consideration of one (1) or more individual flocculators being out of service.

10. New electrical service and wiring. Evaluate existing conduit for reuse.

11. Evaluation of the existing inlet conditions. Opening between flocculator stages and baffle wall going to the sedimentation basin need to be evaluated for suitability with vertical flocculators.

12. Exhaust fans and ventilation improvements. This requires a condition assessment of existing equipment and evaluation of the environmental conditions necessary for flocculation equipment and existing equipment.

13. Ovation control and monitoring. Consultant shall follow GLWA SCADA Standard Specifications (CS-12) and SCADA Field Instrumentation Standard (CS-13) for these improvements and coordinate with GLWA.

14. Replacement or coating of miscellaneous steel and piping within each basin.

15. Demolition of existing ladders or rungs within the flocculator building that are in poor condition or not up to code. Provide new ladders to access each basin.

16. Ensuring that the design considers and includes any necessary provisions for maintaining new equipment. There should be provisions (either permanent or potable) to assist with lifting motors and flocculators for maintenance if the component cannot be easily lifted. Ensure that adequate clearances and provisions are provided when grease or oil is a routine maintenance requirement.

Safety provisions should be considered for new equipment and any existing structures or equipment that is impacted by the work. Consider removable guards around rotating shafts on the walking level.

17. Providing a report with backing calculations to indicate how many and which flocculators can be out of service before the SWWTP is out of compliance with regulatory requirements.

18. Specification of proper and consistent materials of construction and finishes throughout the design and across all disciplines that consider environmental conditions. In general, coated steel or nonmetallic materials are best suited within the flocculator building as they will be exposed to high humidity and low levels of chlorine off gassing, and stainless steel is best suited when located outdoors or continuously submerged. Special attention and care should be taken when uncoated metals need to be used and should be protected with oil (or alternate).

General Requirements. General requirements are listed below and shall be followed throughout the Services:

1. Consultant shall ensure to the maximum extent possible, barring unforeseen circumstances which should be promptly reported to GLWA, that the design includes all necessary improvements to obtain a fully functional and maintainable flocculator system for an estimated construction cost of approximately $17M (escalated for the construction phase occurring 2028 through 2031).

2. Prior to designing around the reuse of any equipment, the Consultant shall perform a condition assessment that confirms functionality, lifespan, and duration for availability of parts. Equipment that cannot be readily repaired or maintained should be replaced.

3. The Consultant shall provide a complete design package that can be incorporated into a future construction contract and addresses all necessary improvements, testing and documentation. Any architectural, structural, site, civil, mechanical, process, controls and electrical improvements necessitated by the work is implied. Reference documents are provided as a convenience and GLWA makes no representations as to the accuracy or completeness of such reference documents.

4. The 30%, 60%, and 90% GLWA Water Engineering Design Deliverables Minimums Checklists (Checklists) shall be used for each design submission where applicable elements from the Checklists have been confirmed to be completed or have been included within the design submission. A design submission that is missing an applicable element from the Checklists will be considered incomplete and require resubmission of the entire design package. If there is a conflict between this Exhibit A and the Checklists, this Exhibit A shall govern.

5. The Consultant shall estimate the construction costs for each design package. This is referred to the engineer’s opinion of probable construction cost (EOPCC). Cost estimates shall follow the processes designed by the Advancement of Cost Consulting International (AACE) Recommended Practice No. 18R 97: Cost Estimate Classification System – As Applied in Consulting, Procurement and Construction for the Process Industries, and Skills & Knowledge of Cost Consulting, 7th Edition, also published by AACE. The required AACE estimate class is defined within each subtask when applicable.

6. Work on subsequent design submissions shall not start until the previous design submission has been reviewed and approved by GLWA. A comment resolution meeting shall be held within two

(2) weeks of GLWA returning comments. Comments that require incorporation shall be incorporated into the subsequent design package unless otherwise specifically discussed and approved by GLWA. The design package will be considered incomplete if past GLWA comments have not been incorporated and will necessitate that the design package be resubmitted after comments have been incorporated.

7. Each major design deliverable shall have a quality assurance/quality control (QA/QC) review completed by the Consultant’s senior level staff prior to submission to GLWA for review and approval. The Consultant’s staff responsible for managing work during the design phase shall verify that action items and commitments from meetings and design reviews have been incorporated into the design deliverable prior to the final QA/QC review. GLWA should not be relied upon for QA/QC.

8. Any system rehabilitated or replaced during this Project shall be monitored in Ovation and operable through Ovation remotely in either manual or automatic modes, as appropriate. Controls shall be designed and installed in compliance with the GLWA governance standards (CS-12 & CS-13, latest revision). The Consultant shall request and obtain the latest version of the governance standard prior to starting detailed design. GLWA will periodically evaluate and revise the governance standards (typically annually). The Consultant shall evaluate future updates of the GLWA governance standards to itemize any major changes that impact the Project and seek GLWA direction on what needs to be incorporated.

9. No equipment, piping, conduit, or wiring is to be abandoned in place without written authorization from GLWA. All equipment rendered obsolete by the Project shall be demolished and removed from the site.

10. Technical memoranda that are explicitly required by the Services are not intended to capture the entirety of the Services. If additional technical memoranda are recommended by the Consultant, then these should be identified and included within the Services.

11. The design should consider tie-ins (e.g., electrical, controls, process) and include necessary work restrictions.

12. The Consultant is responsible for confined space entry and shall provide necessary provisions (e.g., portable retrieval equipment, rescue, air monitoring). During the construction phase, the Consultant shall coordinate with the construction contractor to utilize any shared provisions as possible (e.g., utilize the construction contractor’s full-time attendant).

13. Available drawings are provided in Adobe Acrobat portable document file (PDF) format for reference. The Consultant shall not rely on existing drawing files to serve as backgrounds for new Drawings.

Tasks. The Consultant’s delivery of the Services shall be executed in accordance with the tasks below.

Deliverables are described within each task and represent a minimum level based on standard and customary documentation. Despite the task structure presented below, it remains the Consultant’s responsibility to determine and execute the management, coordination, field investigations, design, engineering, construction administration, and technical tasks, subtasks and any other activities as necessary to satisfactorily and successfully execute this Project.

Task 1- Project Kickoff Meeting

Conduct a kickoff meeting with GLWA to discuss the objectives of the Project, the Consultant’s work plan, Schedule, and approach including the basis of design (BOD) report, Project schedule and cost, roles, and responsibilities of the Consultant and GLWA staff, points of contact, communications, and any other relevant matters.

Task 1 Deliverables

1. Presentation materials including work plan and organization chart

2. Work breakdown structure addendum

3. Schedule

4. QA/QC plan

5. Document control plan

6. Project kickoff meeting agenda and minutes

Task 2- Project Management

The Consultant shall manage the Project and complete the Services in a manner to meet the Project milestones. The Consultant shall manage the Project and provide, as a minimum, a Project management plan, Project work plan, work breakdown structure (WBS), and critical path method schedule (CPM schedule).

Consultant shall provide a CPM schedule that shows how the Consultant will complete the Services and meet its milestones. The Project work plan shall include a document control plan and the Consultant’s QA/QC plan. The document control plan shall describe the Consultant’s plan for organizing, filing, naming, storing, and distributing all Project documents to GLWA and the Contractor. The QA/QC plan shall describe the measures and controls the Consultant will use to assure accuracy and completeness of the Construction Documents and shall also include biddability and constructability reviews. The QA/QC plan shall identify each person, by discipline, who will be responsible for QA/QC.

The Consultant shall prepare and submit an as-planned cost-loaded Schedule with the pricing sheets and the critical path shown. The Schedule shall show the tasks, sub-tasks and activities that the Consultant will need to deliver the Project. Activity float shall be shown on the Schedule. The Schedule shall include at least three (3) weeks for GLWA review and approval for Deliverables for each design package. The Schedule should identify Consultant QA/QC reviews of Deliverables prior to submission to GLWA. The Schedule shall be loaded with resources, including but not necessarily limited to personnel, Subcontractors and other direct costs, and the unit costs for these resources included so that the Schedule shows the projected spend by month for the Contract Time. The projected spend shall be provided in a spreadsheet format that summarizes the spend by each GLWA fiscal year, which starts on July 1. The Consultant’s work plan, approach, and cost-loaded Schedule shall align with the Contract Price and Contract Time. Each Schedule update shall include a narrative that itemizes and explains changes, and what corrective actions were taken or are planned. Continuity of the Schedule updates shall be maintained over the entire Contract Time and shall indicate when delays are caused by the Contractor, force majeure, or the Owner. The Consultant shall provide monthly Schedule updates as part of the monthly invoicing process.

The Consultant Project Manager shall meet with the Owner Project Manager (or designee) on a weekly basis and as requested by the Owner Project Manager.

Task 2 Deliverables

1. Organize, publish agenda, conduct meetings, prepare handouts and presentations, publish draft and final meeting minutes

2. Monthly Summary Report

3. Monthly Invoice for Services Rendered

4. Monthly Cost-Loaded Project Schedule Updates

Task 3-Preliminary (30%) Design

The Consultant’s preliminary design phase Services include identifying permit requirements and preparing a preliminary (30%) design for the Project. As a minimum, the 30% design Deliverables shall include all relevant elements of the 30% Checklist. The preliminary design shall include EOPCC, construction schedules, and construction sequencing plans. Hazardous materials testing shall be performed by the Consultant as necessary to prepare a comprehensive set of construction contract documents that minimizes any potential construction claims due to design errors and omissions and differing and latent site conditions. Value engineering shall be performed as part of the design.

The Consultant’s preliminary design Services include:

1. Consult with GLWA, review existing records and reports, clarify and define technical Project objectives, review available data, and discuss construction sequencing and scheduling.

2. Visit the site as needed to prepare complete and accurate preliminary Design Documents.

3. Evaluate and select between paddle-style vertical flocculators and impeller-style flocculators to incorporate into the design. The Consultant shall ensure that the selected design complies with all applicable laws, ordinances, rules, regulations, codes, and standards. Consultant is advised to coordinate with Michigan Department of Environment, Great Lakes, and Energy (EGLE) during the conceptual design phase if there are expected deviations that would need to be identified on the Act 399 permit. For example, GLWA discussions with a supplier indicate that an impeller-style vertical flocculator would have an impeller tip speed around 10 ft/s to obtain adequate mixing energy which is not explicitly permitted within Recommended Standards for Water Works (also commonly referred to as Ten State Standards), which requires that paddle peripheral speeds be limited to of 3 ft/s.

4. The existing inlet conditions and the opening between flocculator stages and baffle wall going to the sedimentation basin shall be evaluated for suitability with vertical flocculators.

Computational fluid dynamics (CFD) modeling shall be provided for this evaluation and incorporate any recommended improvements.

5. Confer with approving and regulatory agencies and utilities.

6. Develop preliminary work restrictions, constraints and sequencing shall be specified in the construction contract documents that will support maintenance of plant operations during construction. There shall be consideration during the design phase to minimize risks related to GLWA sludge removal during the construction phase.

7. Identify permits and permitting requirements.

8. Provide a class 4 (or class 3) AACE Cost Estimate for the expected construction costs for the preliminary design. Cost estimate shall include at least one vendor’s budgetary quotation for each major equipment item. No more than 50% of the total value of the quotation shall be built as lump sum when unit prices could reasonably be calculated. Percentage-based approaches for bonds, insurance, and general conditions are acceptable. The basis of the amounts in the EOPCC shall have a reference to where the price was obtained (such as industry reference, previous contract, vendor budgetary amount, etc.).

9. The Consultant shall indicate how the design phase will be approached to keep the EOPCC within the allocated budget. The Consultant shall proactively conduct value engineering throughout the design, while still meeting GLWA requirements, to minimize the risk of the design being fully developed and then estimated with cost overruns. If the Consultant determines that the allocated budget for construction is inadequate, the Consultant shall identify potential options to reduce costs and make a recommendation for GLWA review and approval as soon as possible in the design phase.

10. The Consultant shall incorporate GLWA Division 1 specifications into the design. These specifications require tailoring for the Project and contain various notes to specifier and placeholders that shall be addressed. Once the Division 1 specifications are incorporated into the design, there shall be no remaining notes to specifier and placeholders. There are known, required revisions to the Division 1 specifications that are noted within the tracking file that shall be incorporated. For the preliminary design, the “Summary of Work” and “Work Restrictions” sections shall be substantially complete and revisions to the remaining sections shall be started.

11. Prepare preliminary Design Documents, including the final design criteria, preliminary Drawings, outline Specifications, EOPCC, and supporting documentation.

12. Conduct hazardous materials testing, including but not limited to lead-based paint, asbestos-containing materials, mercury-containing materials and equipment, polychlorinated biphenyl (PCB) containing materials and equipment, Resource Conservation and Recovery Act (RCRA) Universal Hazardous Wastes, and petroleum-stained surfaces so if any such materials are discovered, their abatement is already incorporated into the design. It is the Consultant’s responsibility to determine the hazardous materials tests to be performed and to conduct the testing so that change orders during construction related to hazardous materials are avoided. Address the abatement of all hazardous material found on site. Consultant shall obtain GLWA approval for destructive sampling if deemed necessary.

13. The Consultant shall complete a comment resolution form for Design Deliverables. This includes compiling comments, providing written dispositions, and meeting with GLWA as needed to ensure the resolution plan is approved. A final comment resolution form shall be included with submission of the subsequent design package, where the only change is that checkmarks have been added on each comment indicating that the Consultant has verified the comment was incorporated.

14. Conduct monthly meetings during the preliminary design phase.

15. Conduct preliminary design review workshops.

Task 3 Deliverables

1. Complete 30% construction design package per Checklist. This includes the preliminary

BOD report, preliminary 30% level complete design Drawings, outline Specifications, identification of design criteria, identification of authorities having jurisdiction (AHJs), hazardous materials testing report, EOPCC, and preliminary CPM construction schedule.

2. Organize, publish agendas, conduct, publish draft and final meeting minutes for preliminary design task meetings.

3. Preliminary technical memorandum addressing plan for maintenance of operations during construction.

4. Project meeting agendas, sign-in sheets and summaries.

Task 4- Final Design

The final design includes the 60%, 90% and 100% design and Deliverables. The final design shall show significant progress toward the completed set of construction contract documents to be used to publicly bid the Project, as well as complete design-related documentation. This task shall commence only after the 30% preliminary design has been approved by GLWA. All work of one milestone, such as the 60% design, must be completed and approved by GLWA prior to advancing work on another milestone.

The Consultant’s final design Services shall include preparation of Specifications, Drawings, and revision of the GLWA Division 1 documents to customize them for this Project and coordinate them with the Specifications and Drawings as necessary. The final design shall include updated and more accurate EOPCC, construction schedule, construction sequencing, and work restrictions that will be specified in the contract documents. The final BOD report shall also be delivered as part of the final design. The Services include all necessary disciplines. Value engineering shall be performed as part of the design.

Responsibilities of the Consultant during the final design include preparing 60%, 90% and 100% design packages and other design deliverables for the prime construction contract. Responsibilities of the Consultant during the final design include but are not limited to the following:

1. Visit the site as needed to prepare complete and accurate final Design Documents.

2. The Consultant shall complete constructability reviews as part of each design package. This should look at elements of biddability, completeness of documents, unusual difficulty in construction means and methods required by design, operational impacts for construction phasing, ambiguity of Specification requirements, and conflicts between disciplines.

3. Prepare 60%, 90% and 100% design packages showing the character and extent of the work to be completed by the construction contractor based on the approved preliminary 30% design. Specifications shall follow Construction Specifications Institute (CSI) Master Format® 2016. NOTE: GLWA expects that the 90% Design Documents are final and that the only difference between the 90% and 100% final Design Documents is that the 90% final design submittal does not have GLWA’s final comments incorporated. The expectation of each design deliverable shall be as follows:

a. 60% Design Deliverables: At a minimum, the 60% Design Deliverables shall include all relevant elements of the 60% Checklist.

b. 90% Design Deliverables: At a minimum, the 90% Design Deliverables shall include all relevant elements of the 90% Checklist.

c. 100% Design Deliverables: The 100% design deliverables shall address all comments raised during the review of the 90% Design Deliverables, be fully signed, have all regulatory agency and AHJ permits issued and included on the Drawing, have the title sheet updated as necessary, and be fully biddable and constructable.

4. Provide an updated EOPCC for each design package (60%, 90% and 100%). The cost estimate shall be sufficiently itemized and organized by the (CSI) Division 2016 MasterFormat®. Supplier quotations shall be obtained and attached for major equipment.

Advise GLWA as soon as possible if the EOPCC exceeds GLWA’s CIP-published amount for the Project. Itemize estimated costs for mobilization and demobilization, bonds, insurance, and construction contractor profit.

a. The 60% EOPCC shall include at least one (1) vendor’s budgetary quotation for each major equipment item. No more than 50% of the total value of the quotation shall be built as lump sum when unit prices could reasonably be calculated. Percentage-based approaches for bonds, insurance, and general conditions are acceptable. The basis of amounts in the EOPCC shall have a reference as to where the price was obtained (such as industry reference, previous contract, vendor budgetary amount, etc.). The Consultant shall achieve a Class 2 AACE cost estimate.

b. The 90% EOPCC shall include at least two (2) vendor budgetary quotations for each major equipment item. The EOPCC shall be developed using quantity takeoffs and unit prices to the maximum extent to demonstrate the thoroughness of the estimating process.

No more than 10% of the total value of the quotation shall be built as lump sum when unit prices could reasonably be performed. Percentage-based approaches for bonds, insurance, and general conditions are acceptable. The basis of amounts in the EOPCC shall have a reference as to where the price was obtained (such as industry reference, previous contract, vendor budgetary amount, etc.).The 90% and 100% EOPCC shall contain a contingency of not more than 10% of the total estimated cost for construction.

The Consultant shall achieve a Class 1 AACE cost estimate.

c. The 100% EOPCC has the same criteria as the 90% EOPCC.

5. Prepare a projected construction schedule that is updated for each design package (e.g., 60%, 90% and 100%) showing the critical path and construction sequencing for the Project lifecycle. This schedule shall be used as the basis for specifying the construction contract substantial completion date, any interim substantial completion milestones, and final completion dates/times and shall be sufficiently detailed.

6. The Consultant shall complete the final design while keeping the estimated construction cost within the allocated budget. The Consultant shall proactively incorporate value engineering throughout the final design phase to minimize the risk of the design being fully developed and then estimated with cost overruns. If the Consultant determines that the allocated budget for construction is inadequate, the Consultant shall identify options to reduce costs and make a recommendation for GLWA review and approval as soon as possible in the design phase.

7. The Consultant shall incorporate GLWA Division 1 specifications into the design. These specifications require tailoring for the Project and contain various notes and placeholders that shall be addressed. Once the Division 1 are incorporated into the design, there shall be no remaining notes or placeholders. There are known, required revisions to the Division 1 specifications that are noted within the tracking file that shall be incorporated. These specifications shall be completely tailored for the Project at the 60% design and the only remaining revisions for the 90% and 100% designs shall be those addressing any other design changes that impact the Division 1. GLWA may request that additional lessons learned be incorporated since the Division 1 specifications are being actively used on other GLWA projects.

8. Coordinate the design to meet the requirements of stakeholders and AHJs, including but not limited to the City of Allen Park, EGLE, and U.S. EPA.

9. Furnish the necessary engineering data and apply for regulatory permits from local, state and federal AHJs, as required.

10. Prepare a schedule of permits for GLWA’s use during the execution of the construction contract. Schedule shall, as a minimum, identify permitting agencies, permit types, estimated permit fees, timelines, renewal requirements (if applicable), and responsible parties.

11. Prepare all necessary permit applications that GLWA, as Owner, is responsible for obtaining, assist GLWA in submitting and securing all such permit applications, including but not limited to communicating and meeting with permitting agencies as necessary to secure permits in advance of awarding the construction contract. The Consultant shall be responsible for all permit application costs and addressing necessary changes to the design.

12. Provide a final design report to document the design Services and to serve as the BOD report to be submitted with the permit application as required under the authority of 1976 PA 399.

13. Prepare the PA 399 permit applications for GLWA’s review, approval and signature to be submitted to EGLE, and any other permits required by any local, state or federal AHJs. The Consultant shall be responsible for all permit application costs.

14. Ensure that recommendations and comments produced under the 30% design (preliminary design) are incorporated into the 60% final design. GLWA comments on the 60% design shall be fully incorporated into the 90% design.

15. The Consultant’s design shall identify and equitably specify at least three (3) acceptable manufacturers of each piece of equipment specified in the construction contract documents that shall be equal in quality, performance, and workmanship unless otherwise authorized by

GLWA.

16. Conduct design review workshops at the 60% and 90% design stages with GLWA and Project stakeholders to present the Design Documents, answer questions, and receive feedback from GLWA and Project stakeholders. The Consultant shall have in attendance at the workshops staff that can answer questions across all applicable design disciplines. The purpose of the design workshops is to provide substantial dedicated time and effort for GLWA and the Consultant to thoroughly discuss the detailed design progression, and its acceptability to GLWA and project stakeholders. Additional workshops shall be held as necessary.

17. Assist in the preparation of the GLWA “Contract/Solicitation Request Form”. Provide recommendations for the provisional allowance amount, construction duration and milestones, and liquidated damages to be included in the construction contract.

18. Conduct monthly progress meetings with GLWA staff to discuss the Project, answer questions and demonstrate the progress of design development to GLWA.

19. Conduct an asset change workshop at the 90% design stage with GLWA and Project stakeholders to present asset assignments, answer questions, receive feedback from GLWA and Project stakeholders.

20. Prepare GLWA asset turnover forms for GLWA review that are updated for each design package (60%, 90%, and 100%). Populate asset turnover forms with available data with each iteration. GLWA will provide the existing list for asset tags and the Consultant shall determine which items will be demolished.

21. Consultant to recommend liquidated damages for the construction contract. Liquidated damages are to be assessed against the Contractor for failure to meet contractually specified milestones, such as substantial and final completion dates, and should consider available GLWA guidelines. The Consultant shall provide a technical memorandum that summarizes the Consultant’s proposed construction milestones based on the projected construction schedule and which documents the evaluation, rationale, and recommendation therefor.

22. As part of the BOD, provide field-verified relevant data on the existing tie-in points to the work and document within the BOD. At mechanical flanged connections, provide classification, bolt size and type, flange diameter, flange thickness, number of bolts, etc., to appropriately specify the new flange. Submit the technical memorandum prior to submitting the 90% construction bidding documents. Confirm 90% Design Documents are in conformance with the technical memorandum.

23. Consultant shall determine if an update to the arc flash study is needed prior to construction.

24. Perform physical hydraulic modeling to underpin the design. At a minimum the physical model shall evaluate inlet conditions to the flocculators, existing openings between flocculator stages, and the baffle wall going into the sedimentation basin. The physical model shall look for short-circuiting, areas with high local velocities that may indicate destruction of floc, stagnant zones and flow distribution and other objectives as determined by the Consultant. If an area of concern is identified, the physical model shall be repeated with options to rectify. CFD may be helpful to refine the scope for the physical model by looking for areas of concern and potential options to address, but CFD shall not be a replacement for physical modeling. The physical model and design shall be based on expected flow rates

(e.g., 30 million gallon per day (MGD) maximum, per basin, at full scale due to detention time). It is recommended but not required that the physical model include bounding runs that go to the limit of the testing equipment that will not exceed the equivalent of 8 MGD minimum or 60 MGD as a maximum at full scale per basin. Physical model scale ratio shall be between 1:5 to 1:6.

25. Engage GLWA water quality staff to finalize the flushing and disinfection requirements. The Design Documents shall identify what portions of work require flushing and disinfection, shall reference applicable American Water Works Association (AWWA) standards (e.g., C651 for water mains), state that GLWA approval is required before being put into service, and include an example form. GLWA water quality staff shall confirm requirements captured within the Design Documents and provide direction on who is responsible for performing the actual disinfection. GLWA is more likely to self-perform disinfection where the consequences from an improper disinfection are severe (e.g., overdosing in a large reservoir, resulting in delays and a large volume of highly chlorinated water to drain).

26. The area of work shall be surveyed to verify critical coordinates and elevations that shall be reflected within the Drawings.