Request for Proposal 2019 Water Pollution Control Facility and Sanitary Sewer Collection System Master Plan

Transcription

1 Request for Proposal 2019 Water Pollution Control Facility and Sanitary Sewer Collection System Master Plan Department of Public Works Water Resources Division 2400 Springbrook Ct Beloit, WI 53511

2 1. Project Summary The City of Beloit, Wisconsin is requesting proposals for professional engineering services to develop a 2019 Water Pollution Control Facility (WPCF) and Sanitary Sewer Collection System Master Plan. The purpose of the plan is to evaluate the WPCF and sanitary sewer collection system and recommend improvements to ensure compliance with Wisconsin Department of Natural Resources requirements and meet the service demands of the citizens and businesses for the next 25 year planning period. The Master Plan will include but is not limited to the following tasks: A. Project the wastewater facility loading demands for the 10 year and 25 year planning horizons B. Evaluate the wastewater facility and identify deficiencies C. Evaluate the collection system and identify deficiencies D. Recommend an action plan based on the identified deficiencies and planning horizon demand findings E. Recommend capital projects and identify potential funding sources F. Identify emerging regulatory issues of concern (chlorides, pharmaceuticals, etc.) G. Project the collection system hydraulic demand for the 10 year and 25 year planning horizons (Note: Task G is an alternate item note in base proposal) 2. Background The City of Beloit owns and operates an advanced wastewater treatment plant (WWTP), the Beloit Water Pollution Control Facility, located at 555 Willowbrook Road in the southeast corner of the City. The WPCF receives a mixture of domestic, commercial and industrial wastewater, and treats it in compliance with its WPDES Permit (No. WI ) before discharging the treated effluent to the Rock River. The biosolids generated through the treatment processes are processed and primarily recycled to agricultural land. Plant processes include: Fine Screening Grit Removal Primary Clarification Nitrifying Activated Sludge with Enhanced Biological Phosphorus Removal (EBPR or Bio-P) Secondary Clarification Seasonal Disinfection Raw Sludge Thickening Anaerobic Digestion Biosolids (Digested Sludge) Thickening (sharing equipment with Raw Sludge Thickening) Thickened (liquid) Biosolids Storage The WPCF has a rated hydraulic capacity of 13.2 MGD and a peak month BOD loading of 60,400 lbs. per day. The daily average flow is 5 MGD. The 2018 peak flow was 14.4 MGD. The City of Beloit s wastewater collection system consists of 994,250 lineal feet of gravity

3 sanitary sewer, 85,946 lineal feet of sanitary force main, 3,855 manholes and 11 lift stations. The oldest pipes in the system date back to the late 1800s. The collection system pipes consist primarily of VCP, RCP and PVC. The City has utilized CIPP lining, chemical grouting and spray liners in manholes and pipes to significantly reduce infiltration within the collection system. 3. Reference Documents The City will provide digital copies of plans, reports, studies, and operational data to the selected consultant in a timely manner. The selected consultant s project team will be given access to all portions of the WPCF and lift stations to acquire data necessary to complete the Master Plan. At a minimum, the following documents will be made available to the selected consultant to incorporate into the master plan. The City is currently trying to digitize all of the documents and will make them available in electronic format to all firms who wish to review them while assembling their proposals. The documents will be placed in a Dropbox account. If a there is a specific document needed that is not yet on Dropbox, please let us know so we can make it a priority Phosphorus Removal Evaluation and Nutrient Compliance Roadmap 2013 Pump Station Renovations Report 2014 Anaerobic Digester Utilization and Mixing Options 2014 WPCF Class A Biosolids Production 2015 NFPA 820 Evaluation for Process Building, Digester Complex and Digester Gallery Pit 2016 Southeast Interceptor Capacity 2017 Biosolids Program Evaluation 2018 WPCF Capacity Evaluation 2018 Fats, Oils and Grease Study 2018 Iva Court Capacity Evaluation 2018 Preliminary Phosphorus Alternatives Plan 2018 Cost of Service Study (Draft completed and reviewed. Awaiting final product) Compliance Maintenance Annual Report (CMAR) Capacity, Management, Operation & Maintenance Report (CMOM) Wastewater Discharge Monitoring Reports TV reports or videos (only given to selected consultant) Sanitary Sewer Collection System GIS Data (location, size, material, year installed, lined) (only given to selected consultant) Significant Industrial Users (SIU) Permit Data (only given to selected consultant) Others 4. Scope of Services Tasks The following list is the minimum scope of services requested by the City. Proposals can include a scope of services beyond the list if it is necessary for the Master Plan to adequately address the needs of the WPCF and sanitary sewer collection system for the 10 and 25 year planning

4 horizons. A. Project the WPCF loading demands for the 10 year and 25 year planning horizons 1. Conduct individual interviews with the ten (10) SIUs to learn future loading demands. 2. Survey large industrial, commercial and assisted living facilities to understand their future needs. The City will provide the list of properties to be surveyed. B. Evaluate the WPCF and identify deficiencies 1. Consultant shall review past studies, visit the WPCF, meet with WPCF and pretreatment staff, review CMARs and discharge monitoring reports while reviewing the WPCF to identify any deficiencies or changes necessary to meet current and projected loadings. Identify any expansion necessary to meet future loading requirements. The City has identified the following processes to begin the review. a. Grit removal/washing system condition and possible upgrades b. Primary clarifier capacities and expansion c. Aeration/anoxic system capacities and expansion d. Chemical polishing systems for bio-p removal e. Modifications to aeration/anoxic system to enhance bio-p removal f. Secondary clarifier capacities and expansion g. Ultra violet disinfection possibilities h. Aeration system blower upgrades and variable frequency drive integration i. Digester heat exchanger heat transfer analysis and possible upgrade j. Digester gas handling systems k. Programmable logic controller upgrade l. SCADA system review C. Evaluate the collection system and identify deficiencies 1. Identify any remaining lift station upgrades or rehabilitation necessary to meet current and projected loadings. This will require an inspection of each lift station and evaluation of the 2013 report. 2. Assess emergency power needs and availability at all lift stations. 3. Identify best practices to better serve Casey Ct. with sanitary sewer. There is currently a small subdivision with approximately 13 homes connected to a small force main. Each home has a grinder pump that moves waste water through the force main. This system has been problematic for the residents. 4. Review city cleaning and televising frequencies to see if we should increase or decrease the rates. 5. Identify sanitary sewer and manhole rehabilitation methods with pros and cons for each. Methods used in the past for sewer are: replacement, CIPP, slip-lining and chemical grouting; manhole: cementitious spray lines, polyuria spray liners, concrete bench rehab, cement mortar tuck pointing and replacement. 6. Identify line types the city should review more for potential rehabilitation or replacement. Can be based on age, material, I&I potential, root control, etc. 7. Consultant is not expected to televise any sewer lines as part of this master plan development. Past televising data can be provided, but the consultant is not

5 expected to review individual lines for recommendations. D. Recommend an action plan based on the identified deficiencies and planning horizon demand findings 1. Prioritize the identified expansions, upgrades and rehabilitations to most effectively meet the current and future demands on the collection system and WPCF. 2. Plan should give a timeline for required changes. E. Recommend capital projects and identify potential funding sources 1. Create a list of capital projects including cost estimates and potential funding sources. Sources could include (Clean Water Fund Loans, grants, revenue bonds, etc.) 2. List the positives and negatives to each funding source identified. F. Identify emerging regulatory issues of concern (chlorides, pharmaceuticals, etc.) 1. List the emerging issues and likelihood of becoming regulated 2. Identify how they will affect the collection system or WPCF 3. Identify what we can do to get out ahead of these issues G. Project the collection system hydraulic demand for the 10 year and 25 year planning horizons (NOTE: Task G is an alternate that is not included in the base proposal) 1. Use data gathered in the surveys, the City s comprehensive plan, land use/zoning and general trends in water usage to project hydraulic loading to the collection system. 2. Identify any hydraulic capacity issue in collection system piping. 3. Consultant is not required to do any in pipe flow monitoring as part of this project. Capacity can be determined based on modeling. 4. City GIS data will be provided to include location, pipe sizes and pipe material. Data does not include manhole inverts or pipe slopes. As-built drawings for some sewer main can be provided. 5. Proposal Submittal Requirements Submittals - Proposals submitted in response to this RFP shall be clearly marked 2019 Water Pollution Control Facility and Sanitary Sewer Collection System Master Plan and shall be delivered to the following address: Bill Frisbee, PE Director of Water Resources Utilities and Engineering Facility 2400 Springbrook Court Beloit, Wisconsin All proposals are due no later than 2:00 P.M. Central Standard Time on January 30, Proposals shall be legibly printed or typed. Four full copies, in addition to one original copy, of

6 the proposal shall be submitted. The original copy must contain all executed Proposal Forms specified in this section, including: Proposal (limit understanding of scope of services, approach and ability to complete the project to 10 pages combined) Project team with resumes Listing of similar projects with references Certificate of Insurance Contract Pricing Proposal The proposal shall be signed by an officer of the company. The instructions contained herein must be closely followed for the Proposal to be considered under this RFP. If any of the submittal requirements are omitted or any exceptions to the contractual terms and conditions are taken, the City shall reserve the right to deem the proposal non-responsive. The City further reserves the right to reject any proposal if it is not in compliance with the required format. All proposals submitted become property of the City of Beloit. These materials will become public records and will be made available upon request. The City and all of its officers, agents and employees are not liable for any costs incurred by the Consultant in replying to this RFP. The Consultant shall solely bear the entire costs for preparing and submitting proposal(s) in response to this RFP. All costs incurred during the selection process and negotiations will likewise be solely at the Consultant s expense. The City reserves the right to request proof the Consultant has the financial capability to complete the project. 6. Proposal Evaluation Process The City of Beloit Department of Public Works staff will review proposals for conformance with this RFP. The proposals will be reviewed by a team of 3-5 members. Potential reviewers will be: Director of Water Resources, City Engineer, Public Works Director, Environmental Coordinator and WPCF Operations Supervisor. Each member of the team will independently review and score the proposals according to the following criteria: Understanding of Scope of Services: 25 Points Describe the understanding of the scope of services and approach to completing the project. Points will be awarded based on the consultant s understanding of the scope as well as their ability to fully provide the service requested and any additional services that are necessary for the Master Plan to be a valuable tool. Project Team and Qualifications: 25 Points Identify the consultant s proposed project team. Include a resume for each team member and identify what makes them qualified to successfully complete this project. It should be

7 made clear which team members will be performing the work of each task and which team members will be providing QA/QC or project management functions for each task. Related Project Experience: 25 Points Describe other similar projects the firm has completed in the past including a contact for the client. List which proposed project team members worked on these past projects and specifically note which tasks these team members performed. Fee: 15 Points Identify all fees the consultant will charge for performing the tasks necessary to accomplish the objectives of this RFP. The fee must breakout all expenses expected to be billed to the City. Provide a fee proposal, which includes the estimated number of project hours and fee for each task. Fee Proposal form can be found in Appendix 2. Firm s Ability to Complete the Project: 10 Points Describe the resources and availability the firm and project team have to complete the project. Include other current projects the team members would be working on at the same time. Upon scoring the proposals, the City may invite the top two firms in for interviews to make the final selection. 7. Proposed Schedule Request for Proposal Issued December 26, 2018 Optional WPCF Tour and Open Q&A Session January 29, 2019 Proposals due to City February 8, 2019 Top Two Firms Selected for Interviews (if applicable) February 15, 2019 Final Selection Notification February 22, 2019 Contract Execution March 8, 2019 Master Plan Completion September 1, Professional Services Contract The selected consultant will be required to enter into a contract using the City of Beloit s Professional Services Contract template. This RFP, any addenda and the proposal of the selected consultant will become part of the contract. A copy of the template is attached in Appendix 1. This contract will be a Time and Expenses, Not-To-Exceed contract. The standard template will be modified to reflect this. Payment for service under this contract will be made once per month. The invoices shall give enough detail for the City to know what work has been completed during the billing period. 9. Request for Proposal Questions To ensure all firms receive the same information regarding this RFP, all questions shall be

8 submitted in writing to Bill Frisbee, Director of Water Resources at Please put Beloit WPCF Master Plan RFP in the subject line. The deadline for submitting questions is 7:00 am on February 5, The City will answer all questions by 5:00 PM February 5, To guarantee your firm receives the list of questions and answers, please Bill to be added to the RFP contact list. An optional tour of Beloit s WPCF and open Q&A session will be held on January 29, 2019 at 1:00 PM. The address is 555 Willowbrook Road, Beloit WI

9 APPENDIX 1: City of Beloit Contract for Professional Services

10 PROFESSIONAL SERVICES CONTRACT This Contract is made this day of,2018, by and between the CITY OF BELOIT, a Wisconsin municipal corporation, hereinafter ( OWNER ) its principal place of business at 100 State Street, in the City of Beloit, County of Rock, State of Wisconsin, and Name: Principal Place of Business: An individual doing business as A corporation organized and existing under the laws of the State of State A limited liability company organized and existing under the laws of the State of A partnership consisting of the following partners hereinafter ( CONSULTANT ) for the consideration stated herein, agree as follows related to the property located at Location, City of Beloit, County of Rock, State of Wisconsin, hereinafter ( Project Site ): The CONSULTANT and the OWNER, for the consideration stated herein, agree as follows: ARTICLE I SCOPE OF WORK The CONSULTANT shall provide all labor, services, materials, tools, equipment, utilities and transportation necessary for the performance of the investigative and consulting services as described in the RFP for Name of Project ARTICLE II CONTRACT DOCUMENTS The Contract Documents attached herein shall consist of: this Contract; Change Orders; Addenda; Proposals; incorporated by reference. In the event of conflicts or omissions among any of these documents, the order of precedence as listed above shall determine the governing conditions. Lower-ranking documents may clarify, but not draw exception to, higher-ranking documents. ARTICLE III COMMENCEMENT AND COMPLETION OF WORK The CONSULTANT shall commence work under this Contract upon receipt of the signed contract from the OWNER will complete the same as noted in the proposal. The parties agree that time is of the essence with respect to the date of commencement and the date of completion of the work. ARTICLE IV Page 1 of 9

11 CONTRACT PRICE The Contract price shall be $ 0.00 as provided in CONSULTANT'S proposal, plus or minus any change orders issued in accordance with the General Specifications, as full compensation for everything furnished under this Contract. The OWNER may, when in its opinion it becomes necessary, make modifications to its specifications and work plans which result in an increase or decrease in materials or labor, provided such changes do not substantially change the character of the project. Modifications to the Contract price shall be agreed upon in writing by the CONSULTANT and the OWNER prior to any work being started. An order for changes or extra work shall be attached to the original Contract and made a part thereof. ARTICLE V LIABILITY PROTECTION A. INDEMNIFICATION: The CONSULTANT hereby agrees to indemnify, defend and hold harmless the City of Beloit, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys fees, costs, and expenses of whatsoever kind or nature in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of CONSULTANT or of anyone acting under its direction or control or on its behalf, even if liability is also sought to be imposed on City of Beloit, its elected and appointed officials, officers, employees, agents, representatives and volunteers. The obligation to indemnify, defend and hold harmless the City of Beloit, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, shall be applicable unless liability results from the sole negligence of the City of Beloit, its elected and appointed officials, officers, employees, agents, representatives and volunteers. CONSULTANT shall reimburse the City of Beloit, its elected and appointed officials, officers, employees, agent or authorized representatives or volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. In the event that CONSULTANT employs other persons, firms, corporations or entities (subconsultant) as part of the work covered by this Agreement, it shall be CONSULTANT responsibility to require and confirm that each subconsultant enters into an Indemnity Agreement in favor of the City of Beloit, its elected and appointed officials, officers, employees, agents, representatives and volunteers, which is identical to this Indemnity Agreement. This indemnity provision shall survive the termination or expiration of this Agreement. B. SAFETY RULES AND REGULATIONS: The Consultant shall initiate, maintain and supervise all safety programs connected with the performance of this Contract. The Consultant shall also take reasonable safety precautions to prevent damage to property and injury to persons on or adjacent to the work site. The CONSULTANT shall comply with all applicable laws, ordinances, rules, regulations and orders of any public authority having jurisdiction over the work site and the persons at the site. The CONSULTANT shall pay all claims for property damage or personal injury caused by the CONSULTANT, its employees, agents or subconsultants. C. CONSULTANT'S INSURANCE WITH BOND REQUIREMENTS: The CONSULTANT shall not commence work on contract until proof of insurance required has been provided to the applicable department before the contract or purchase order is considered for approval by the Page 2 of 9

12 City of Beloit. It is hereby agreed and understood that the insurance required by the City of Beloit is primary coverage and that any insurance or self-insurance maintained by the City of Beloit, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. INSURANCE REQUIREMENTS FOR CONSULTANT LIABILITY & BONDS a. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: (1) Each Occurrence limit $1,000,000 (2) Personal and Advertising Injury limit $1,000,000 (3) General aggregate limit (other than Products Completed Operations) per project $1,000,000 (4) Products Completed Operations aggregate $1,000,000 (5) Fire Damage limit any one fire $50,000 (6) Medical Expense limit any one person $5,000 (7) Watercraft Liability, (Protection & Indemnity coverage)"if the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. (8) Products Completed Operations coverage must be carried for two years after acceptance of completed work. b. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1 Any Auto" basis. c. Workers' Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen's and Harbor Workers Act coverage. d. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. The umbrella must be primary and non-contributory to any insurance or self-insurance carried by City of Beloit. e. Aircraft Liability, "if" the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of $3,000,000 per occurrence for Bodily Injury and Page 3 of 9

13 Property Damage including Passenger liability and including liability for any slung cargo. f. Builder's Risk / Installation Floater / Contractor's Equipment or Property - The CONSULTANT is responsible for loss and coverage for these exposures. City of Beloit will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the CONSULTANT or its subcontractors or are to be built, installed, or erected by the CONSULTANT or its subconsultants. g. Also, see requirements under subsection 3 in this section. 2. INSURANCE REQUIREMENTS FOR SUBCONSULTANT All subconsultants shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per CONSULTANT requirements, excluding Umbrella Liability, contained in Section 1 above. 3. APPLICABLE TO CONSULTANTS / SUBCONSULTANTS / SUB-SUB CONSULTANTS a. Primary and Non-contributory requirement all insurance must be primary and noncontributory to any insurance or self-insurance carried by City of Beloit. b. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VII, and who are authorized as an admitted insurance company in the state of Wisconsin. c. Additional Insured Requirements The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Beloit, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG and also include Products Completed Operations additional insured coverage per ISO form CG or their equivalents for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. d. Deductibles and Self-Insured Retentions - Any deductible or self-insured retention must be declared to and approved by the City of Beloit. e. Evidences of Insurance - Prior to execution of the agreement, the CONSULTANT shall file with the City of Beloit a certificate of insurance (Accord Form 25-S or equivalent) signed by the insurer's representative evidencing the coverage required by this agreement. In addition form CG for ongoing work exposure and form CG for products-completed operations exposure must also be provided or its equivalent. The certificate shall provide that the policies of insurance shall not be canceled or altered without thirty (30) days prior written notice to the OWNER. Said duty to notify the OWNER of cancellation or alteration must be provided without any qualification or limitation. Such certificates shall be kept current for the duration of this agreement or during any further period of time wherein the CONSULTANT is under any duty of performance hereunder. Page 4 of 9

14 ARTICLE VI AMENDMENTS This Contract may not be amended except by written agreement, including any Change Order, signed by both of the parties. ARTICLE VII PAYMENT OF EXPENSES AND CLAIMS The CONSULTANT shall pay all claims for labor performed and materials furnished, used or consumed in the performance of this Contract, including, without limitation, because of specific enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline and other motor oil, lubricating oils and greases, and the premiums for workmen's compensation insurance, the contributions for unemployment compensation and state imposed taxes. ARTICLE VIII NON-RESIDENT CONSULTANTS If the CONSULTANT is not a resident of the State of Wisconsin, the CONSULTANT shall file a surety bond with the Wisconsin Department of Taxation in accordance with section 71.80(16), Wis. Stats. The CONSULTANT shall provide the OWNER with a copy of the surety bond, which bond shall become one of the Contract documents. ARTICLE IX NON-DISCRIMINATION The CONSULTANT shall not discriminate against any qualified employee or qualified applicant for employment because of race, color, national origin, ancestry, religion, age, marital status, disability, sex, or sexual orientation. In the event any portion of this Contract is sublet by the CONSULTANT, said CONSULTANT shall include in such subcontract, a provision prohibiting the subconsultant from discrimination against any qualified employee or qualified applicant for employment because of race, color, national origin, ancestry, religion, age, marital status, disability, sex or sexual orientation. This provision is inserted herein in compliance with Section 1.09 of the Code of General Ordinances of the City of Beloit, and shall be interpreted so as to carry out the intent of said ordinance. ARTICLE X CITY OF BELOIT AFFIRMATIVE ACTION REQUIREMENT The CONSULTANT (has adopted) (agrees to adopt) [STRIKE ONE] an affirmative action plan to increase in CONSULTANT'S partners, associates and employees, the representation and number of under-represented groups which have been victims of employment discrimination in all of CONSULTANT'S departments, job classifications and salary categories. CONSULTANT agrees to include the same provision in its subcontracts and to require its subconsultants to include the same provision in their subcontracts. This provision is inserted herein Page 5 of 9

15 in compliance with Section 1.09 of the Code of General Ordinances of the City of Beloit, and shall be interpreted so as to carry out the intent of that ordinance. ARTICLE XI PROGRESS PAYMENTS A. As the work progresses under this Contract, the OWNER shall grant to the CONSULTANT payments in accordance with the General Specifications. B. If the amount of this Contract exceeds $10,000, but does not exceed $100,000, the OWNER may make direct payment to subconsultants or pay the CONSULTANT with checks payable to both the CONSULTANT and subconsultant. ARTICLE XII TERMINATION A. Termination for Convenience. The OWNER may terminate this Contract, in whole or in part, at any time by written notice to CONSULTANT when it is in the OWNER S best interest. CONSULTANT shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. CONSULTANT shall promptly submit its termination claim to the OWNER. If CONSULTANT is in possession of any of the OWNER S property, CONSULTANT shall account for same, and dispose of it as the OWNER directs. B. Termination for Default [Breach or Cause]. If CONSULTANT does not deliver items in accordance with the contract delivery schedule, or, if the contract is for services, and CONSULTANT fails to perform in the manner called for in this Contract, or if CONSULTANT fails to comply with any other provisions of this Contract, OWNER may terminate this Contract for default. Termination shall be effected by serving a notice of termination to CONSULTANT setting forth the manner in which CONSULTANT is in default. CONSULTANT shall only be paid the contract price for supplies delivered and accepted, or for services performed in accordance with the manner of performance set forth in the Contract. If it is later determined by OWNER that CONSULTANT had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of CONSULTANT, the OWNER, after setting up a new delivery or performance schedule, may allow CONSULTANT to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure. OWNER in its sole discretion may, in the case of a termination for breach or default, allow CONSULTANT an appropriately short period of time in which to cure the defect. In such case, the notice of termination shall state the time period in which cure is permitted and other appropriate conditions. If CONSULTANT fails to remedy to OWNER S satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within three (3) days of written notice from the OWNER setting forth the nature of said breach or default, OWNER shall have the right to terminate the Contract without any further obligation to CONSULTANT. Any such termination for default shall not in any way operate to preclude OWNER from also pursuing all available remedies against CONSULTANT and its sureties for said breach or default. D. Waiver of Remedies for any Breach. In the event that OWNER elects to waive its remedies for any breach by CONSULTANT of any covenant, term or condition of this Contract, such waiver by OWNER shall not Page 6 of 9

16 limit its remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written in three counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original thereof. SIGNATURES PAGE FOLLOWS Page 7 of 9

17 CITY OF BELOIT CONSULTANT By: Lori Curtis Luther, City Manager ATTEST: By: City Clerk APPROVED AS TO FORM: By: Elizabeth A. Krueger, City Attorney I hereby certify that sufficient funds are in the treasury to meet the expense of this contract or that provision has been made to pay the liability that accrues under this contract. By: Eric R. Miller, City Comptroller ****** STATE OF WISCONSIN ) )SS COUNTY OF ROCK ) Personally appeared before me this day of, 20, the above-named Lori Curtis Luther, City Manager and, City Clerk, to me known to be such City Manager and Clerk, and to me known to be the persons who executed the foregoing agreement as such officers of said entity, by its authority. By: (Signature) (Printed Name) Its (Title) ****** STATE OF ) )SS COUNTY OF ) Personally came before me this day of, 20, the above-named, its, to me known to be such officer of CONSULTANT and to me known to be the person who executed the foregoing agreement as such officer of said entity, by its authority. Notary Public, County, My Commission is permanent. If not, state expiration date: Elizabeth A. Krueger Notary Public, Rock County, Wisconsin My commission is permanent. Page 8 of 9

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19 APPENDIX 2: WATER POLLUTION CONTROL FACILITY AND SANITARY SEWER COLLECTION SYSTEM FEE PROPOSAL FORM

20 Fee Proposal Form Consultant Firm Name Address Contact Name Phone Number Address Scope of Services Fee Task Estimated Number of Hours Fee A B C D E F Subtotal $ Expenses to be Billed Items Estimated Fee Printing/Office Materials Travel Subtotal $ Total Proposal Fee Alternate Task G Fee $ $ Typed Name and Title Signature Date