Vosburg Ps Ejcdc Agreement 2025 04 14 Executed

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES

EJCDC=

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

ACEC

AMERICAN COUNCIL OF ENGINEERING COMPANIES

ASCE

AMERICAN SOCIETY OF CIVIL ENGINEERS

NeE= * NATIONAL SOCIETY OF =H PROFESSIONAL ENGINEERS

VOSBURG PUMP STATION IMPROVEMENTS APRIL 14, 2025

EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2020 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

SPECIAL NOTE ON USE OF THIS FORM

This abbreviated Owner-Engineer Agreement form (“Short Form”) is intended for furnishing professional services of limited scope and complexity. It does not address the full range of issues of potential importance to the parties. Depending on the scope and complexity of the services and the project, the Owner and Engineer may be better served by using the Agreement Between Owner and Engineer for Professional Services (EJCDC® E-500), or one of the several special-purpose EJCDC professional services agreement forms. EJCDC® E-001 provides information on these agreement forms.

For further discussion regarding the use of this document, see the Guidelines for Use of EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services, commencing on the following page.

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882

www.nspe.org

American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474

www.acec.org

American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723

WWW.asce.orge

The copyright for this EICDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES

This is an Agreement between Town of Webster (Owner) and MRB Group, Engineering, Architecture & Surveying, DPC (Engineer). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as Vosburg Pump Station Improvements (Project). Engineer's services under this Agreement (Services) are generally identified as Design Phase Services plus Additional Services for the Vosburg Pump Station. The improvements are outlined in the June 3, 2024 Final Engineering Report and as summarized in the March 28, 2025 MRB Group proposal to the Town of Webster (refer to Appendix 1). Work beyond Design Phase will be included in an Engineering Amendment when the project moves forward to Bidding Phase.

Owner and Engineer further agree as follows: 1.01 Services of Engineer

A. Engineer shall provide or furnish the Services set forth in this Agreement, and any Additional Services authorized by Owner and consented to by Engineer.

2.01 Owner's Responsibilities

A. Owner shall provide Engineer with existing Project-related information and data in Owner's possession and needed by Engineer for performance of Engineer's Services. Owner will advise the Engineer of Project-related information and data known to Owner but not in Owner's possession. Engineer may use and rely upon Owner-furnished information and data in performing its Services, subject to any express limitations applicable to the furnished items.

1. Following Engineer's assessment of initially-available Project information and data, and upon Engineer's request, Owner shall obtain, furnish, or otherwise make available (if necessary through retention of specialists or consultants) such additional Project- related information and data as is reasonably required to enable Engineer to complete its Services; or, with consent of Engineer, Owner may authorize the Engineer to obtain or provide all or part of such additional information and data as Additional Services.

B. Owner shall provide necessary direction and make decisions, including prompt review of Engineer's submittals, and carry out its other responsibilities in a timely manner so as not to delay Engineer's performance. Owner shall give prompt notice to Engineer whenever Owner observes or otherwise becomes aware of (1)any relevant, material defect or nonconformance in Engineer's Services, or (2) any development that affects the scope or time of performance of Engineer's Services.

3.01 Schedule for Rendering Services

A. Engineer shall complete its Services within the following specific time period: within twenty- six (26) weeks from the execution of this Agreement. If no specific time period is indicated, Engineer shall complete its Services within a reasonable period of time.

B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's Services is impaired, or Engineer's Services are

Page 1

4.01

5.01

delayed or suspended, then the time for completion of Engineer's Services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably.

Invoices and Payments

A.

Invoices

Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a four-week basis. Invoices are due and payable within 30 days of receipt.

Payment

As compensation for Engineer providing or furnishing Services and Additional Services, Owner shall pay Engineer as set forth in this Paragraph 4.01, Invoices and Payments. If Owner disputes an invoice, either as to amount or entitlement, then Owner shall promptly advise Engineer in writing of the specific basis for doing so, may withhold only that portion so disputed, and must pay the undisputed portion.

Failure to Pay

If Owner fails to make any payment due Engineer for Services, Additional Services, and expenses within 30 days after receipt of Engineer's invoice, then (1) the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; (2) in addition Engineer may, after giving 7 days' written notice to Owner, suspend Services under this Agreement until Engineer has been paid in full all amounts due for Services, Additional Services, expenses, and other related charges, and in such case Owner waives any and all claims against Engineer for any such suspension; and (3) if any payment due Engineer remains unpaid after 90 days, Engineer may terminate the Agreement for cause pursuant to Paragraph 5.01.A.2.

Reimbursable Expenses

Engineer is entitled to reimbursement of expenses only if so indicated in Paragraph 4.01.E or 4.01.F. If so entitled, and unless expressly specified otherwise, the amounts payable to Engineer for reimbursement of expenses will be the Project-related internal expenses actually incurred or allocated by Engineer, plus all invoiced external expenses allocable to the Project, including Engineer's subcontractor and subconsultant charges, with the external expenses multiplied by a factor of [1.15].

Basis of Payment 1. Lump Sum. Owner shall pay Engineer for Services as follows: a. ALump Sum amount of $354,635.00 for Design Phase Services.

b. The portion of the compensation amount billed for Engineer's Services will be based upon Engineer's estimate of the percentage of the total Services completed during the billing period.

Additional Services

$15,000 (estimated amount) for Additional Services as incurred. The March 28, 2025 proposal (refer to Appendix 2) includes typical Additional Service items. For Additional Services, Owner shall pay Engineer an amount equal to the cumulative hours charged in providing the Additional Services by Engineer's employees, times standard hourly rates for each applicable billing class; plus reimbursement of expenses incurred in connection with providing the Additional Services. Engineer's standard hourly rates are attached as Appendix 2.

Termination

A.

Termination for Cause

EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services.

1. Either party may terminate the Agreement for cause upon 30 days' written notice in the event of substantial failure by the other party to perform in accordance with the terms of the Agreement, through no fault of the terminating party.

a. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 5.01.A.1 if the party receiving such notice begins, within 7 days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30-day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein will extend up to, but in no case more than, 60 days after the date of receipt of the notice.

2. In addition to its termination rights in Paragraph 5.01.A.1, Engineer may terminate this Agreement for cause upon 7 days' written notice (a) if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional, (b) if Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control, (c) if payment due Engineer remains unpaid for 90 days, as set forth in Paragraph 4.01.C, or (d) as the result of the presence at the Site of undisclosed Constituents of Concern as set forth in Paragraph 6.01.1.

3. Engineer will have no liability to Owner on account of any termination by Engineer for cause.

Termination for Convenience

Owner may terminate this Agreement for convenience, effective upon Engineer's receipt of notice from Owner.

Payments Upon Termination

In the event of any termination under Paragraph 5.01, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement, and to reimbursement of expenses incurred through the effective date of termination. Upon making such payment, Owner will have the limited right to the use of all deliverable documents, whether completed or under preparation, subject to the provisions of Paragraph 6.01.F, at Owner's sole risk.

1. If Owner has terminated the Agreement for cause and disputes Engineer's entitlement to compensation for services and reimbursement of expenses, then Engineer's entitlement to payment and Owner's rights to the use of the deliverable documents will be resolved in accordance with the dispute resolution provisions of this Agreement or as otherwise agreed in writing.

2. if Owner has terminated the Agreement for convenience, or if Engineer has terminated the Agreement for cause, then Engineer will be entitled, in addition to the payments identified above, to invoice Owner and receive payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's subcontractors or subconsultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Paragraph 4.01.F.

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6.01

General Considerations

A.

The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. Subject to the foregoing standard of care, Engineer may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards.

Engineer shall not at any time supervise, direct, control, or have authority over any Constructor's work, nor will Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a Constructor to comply with laws and regulations applicable to that Constructor's furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor.

Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish and perform its work.

Engineer's opinions of probable construction cost (if any) are to be made on the basis of Engineer's experience, qualifications, and general familiarity with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of probable construction cost prepared by Engineer. If Owner requires greater assurance as to probable construction cost, then Owner agrees to obtain an independent cost estimate.

Engineer shall not be responsible for any decision made regarding the construction contract requirements, or any application, interpretation, clarification, or modification of the construction contract documents, other than those made by Engineer.

All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest (including the copyright and the right of reuse) in such documents, whether or not the Project is completed. Engineer grants to Owner a limited license to use the deliverable documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all Services and Additional Services relating to preparation of the deliverable documents, and subject to the following limitations:

1. Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer;

2. any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific

EJCDC® E-520, Short Form of Agreement Between Owner and Engineer for Professional Services.

purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and subconsultants;

3. Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and subconsultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and

4. such limited license to Owner shall not create any rights in third parties.

G. Owner and Engineer agree to transmit, and accept, Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website, in accordance with a mutually agreeable protocol.

H. Waiver of Damages; Limitation of Liability: To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other's officers, directors, members, partners, agents, employees, subconsultants, and insurers, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to this Agreement or the Project, from any cause or causes, and (2) agree that Engineer's total liability to Owner under this Agreement shall be limited to $100,000 or the total amount of compensation received by Engineer, whichever is greater.

The parties acknowledge that Engineer's Services do not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an unknown or undisclosed Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected thereby until such portion of the Project is no longer affected, or terminate this Agreement for cause if it is not practical to continue providing Services.

Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute will be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law.

This Agreement is to be governed by the laws of the state in which the Project is located.

Engineer's Services do not include

(1) serving as a "municipal advisor" for purposes of the registration requirements of Section975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission; (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, or other similar matters concerning such products or issuances; (3) providing surety bonding or insurance- related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements; or (4) providing legal advice or representation.

Page 5

7.01 Definitions

A. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, subcontractors, and subconsultants), performing or supporting construction activities relating to the Project, including but not limited to contractors, subcontractors, suppliers, Owner's work forces, utility companies, construction managers, testing firms, shippers, and truckers, and the employees, agents, and representatives of any or all of them.

B. Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), lead based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to laws and regulations regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

8.01 Successors, Assigns, and Beneficiaries A. Successors and Assigns

1. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 8.01.A.2 the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement.

2. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, money that is due or may become due) in this Agreement without the written consent of the other party, except to the extent that any assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement.

B. Beneficiaries

Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Constructor, other third-party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party.

9.01 Total Agreement

A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument.

Attachments

Appendix 1, March 28, 2025 MRB Group Proposal Appendix 2, Engineer's Standard Hourly Rates

Page 6

This Agreement’s Effective Date is April 3, 2025.

Owner:

Town of Webster

Engineer:

MRB Group, Engineering, Architecture & Surveying, DPC

a. of organi By: ai,"

a =—— I's signatbte)

Date

AY | 23 a Hs signed) Name: Thomas Flaherty (typed or printed) Title: Town Supervisor

(typed or printed) Address for giving notices:

1000 Ridge Road

Webster, NY 14580

Designated Representative:

Name

Art Petrone (typed or printed) Title: Deputy Commissioner of PW (typed or printed) Address:

226 Phillips Road

Webster, NY 14580

Phone

585-265-0505

apetrone@ci.webster.ny.us

Email:

(name of organization)

“J (autho individuals signature) Date: 4 [24/2 Ss (date signed) Name: James J. Oberst, P.E., LEED AP (typed or printed) Title: Executive Vice President/C.0.0. (typed or printed)

Address for giving notices

145 Culver Road; Suite 160

Rochester, NY 14620

Designated Representative:

Name

John Paul Schepp, P.E.

(typed or printed) Title: Senior Project Manager

(typed or printed) Address:

145 Culver Road; Suite 160

Rochester, NY 14620

Phone

585-732-8811

jJp.schepp@mrbgroup.com

Email:

Page 7

agg, late es

Appendix 1

Elevating Communities

Group

March 28, 2025

Mr. Arthur Petrone

Town of Webster Sewer Department 226 Phillips Road

Webster, NY 14580

Proposal for Professional Services

Town of Webster Vosburg Pump Station Design, Bidding & Construction Phase MRB Group No. 2310.21002.000

Dear Art:

We appreciate the opportunity to offer this proposal for professional engineering design services for the

Town of Webster Vosburg Pump Station Upgrade.

Project Overview

The Town of Webster Vosburg Pump Station was originally constructed in 1980. There have been no significant capital improvements to the pump station or the forcemain since the original construction. However, there have been some minimal improvements to the pump station over the years, as

components have either failed or worn out.

The February 2022 Capital Improvement Plan (CIP), prepared by MRB Group, outlined the necessary improvements to be completed to ensure that the pump station and forcemain continue to operate in an efficient and dependable manner. The general recommendations for the Vosburg Pump Station include the replacement of pumps, motors, valves, piping, miscellaneous appurtenances, heating and ventilation improvements, and electrical improvements (including controls, variable frequency drives, and replacement of the emergency power generator). Also included are improvements to the forcemain

air release valves and forcemain discharge manhole.

MRB Group updated the February 2022 CIP with a Final Engineering Report dated June 3, 2024. The Town applied to NYS Environmental Facilities Corporation (EFC) for a 25% Water Infrastructure

Improvement Act (WIA) Grant, however, was not approved.

145 Culver Road, Suite 160, Rochester, NY 14620 * 585.381.9250

MRBGroup.com

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Elevating Communities

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i. Summary of Recommended Improvements

Based upon the requirements established by New York State for public works building projects, Wicks

Law (Multiple Prime Contracts) will apply. The recommended improvements, broken down by the

required construction contracts, consist of the following:

A. Contract A

General Construction

Mc Arthur Petrone

Replace the existing perimeter fence with a 6' high chain link fence, double gate and install security measures at the top of the fence. During the design phase, discussion will be held with the operational staff to determine the potential for extending the limits of fencing. Remove existing pavement and stone driveway, box out, install geotextile fabric, and install asphalt binder and topcoat for the entrance driveway between Vosburg Road and the area inside the fence.

Wet Well and entrance structure improvements to be determined once the station has been bypassed.

Wet Well Room painting (complete) of the walls, ceiling and floor of the entire structure, including the necessary coating inside the wet well.

Installation of a new manual bar rack and weir plate for the wet well bypass.

Replacement of wet well & pump room exterior single doors (3), frames and hardware with fiberglass doors, stainless steel hardware and painted steel frames.

Replacement of the pump room exterior double door (1), frame and hardware with fiberglass doors, stainless steel hardware and painted steel frames.

Removal of existing electric hoists in the wet well and pump room, painting of the existing monorails and installation of manual chain fall style hoists.

Removal and replacement of existing level control system in the wet well and replacement of new sensors and tied into the new pump control system.

Remove the existing 8” diameter suction lines (3), core drill new openings to accept 12” diameter suction pipes with double link seals, install new 12” diameter suction piping and 12” suction pipe plug valves.

Pump Room painting (complete) of the walls, ceilings and floors.

Remove existing pumps and motors (3) and replace with three (3) dry pit submersible pumps with an approximate capacity of 2,310 gom @ 120 Feet Total Dynamic Head (TDH). Remove the existing 8” diameter discharge piping and 16” diameter forcemain inside the

pump room, reconfigure as necessary for the new pumps, install new piping including 8”

Town of Webster Sewer Department Re: Town of Webster Vosburg Pump Station Design Bidding & Construction Phase

March 28, 2025

RSs

Mr Anhur Petrone

Elevating Communities

Group

diameter check valves, 8" diameter resilient seated plug gate valves, fittings, 16” diameter forcemain header, 8” surge relief valve, pressure gauges on the suction and discharge side of each pump, and installation of a 16” diameter magnetic flow meter on the 16” forcemain header, inside the building.

Replacement of the existing duplex submersible sump pumps in the pump room and replacement of piping as necessary.

Removal of the existing 6" diameter emergency connection outside the fencing, installation of a 16” x 12” tapping sleeve and valve on the 16” forcemain prior to the split between the two forcemains and installation of 12” diameter high density polyethylene pipe (HDPE) pipe with a quick disconnect connection above ground for emergency bypassing.

Replacement of two (2) existing 16” gate valves and boxes on the forcemain along Vosburg Road, immediately east of the pump station driveway.

Temporary bypass pumping of the entire incoming pump station flow during the pump station re-construction. The 30” diameter influent gravity sewer will be temporarily plugged at the manhole in the driveway adjacent to the emergency connection. Bypass pumping will be provided for average daily flow AND for anticipated wet weather flow. The estimated period of time the pump station will be bypassed is 3-4 months and is dependent upon the Contractor's schedule.

Removal and replacement of the existing 3” diameter air release valves (2 each) in the structures on Vosburg Road (east of Baker Road).

Replacement of the existing combination air release valves & Air/vacuum valves (2 each) at the intersection of VanAlstyne Road and Shoemaker Road.

Rehabilitation of the two (2) air release valve structures.

Removal of the existing 16” magnetic meter inside the manhole on the forcemain immediately outside the pump station building, installation of a 16” spool piece with mechanical joint fittings, abandonment of the existing manhole by breaking off the top two (2) feet of the structure and backfilling the structure with select fill to the surface of the asphalt to be installed.

Rehabilitation of the two (2) existing influent manholes between the pump station and Vosburg Road, including replacement of the frames and covers.

Correct the undermining of the fill material under the building and sidewalk on the southeast

portion of the building.

Town of Webster Sewer Department Re Town of Webster Yosbury Pump Station Design. Bidding & Construchun Phase

March 28. 2625

aa.

Elevating Communities

Group

Provide fall protection for the three (3) hatches to the lower level of the pump room. This will consist of either fabricating a steel grate to the existing aluminum hatches or replacing the existing hatches with built in grating.

Replace the existing 6-foot diameter forcemain discharge manhole on VanAlstyne Road with a new 8-foot diameter pre-cast manhole, downstream of the existing discharge manhole. Install a temporary bypass for one of the 16” diameter forcemains to discharge into the new manhole.

Replace approximately 50 feet of each 16” forcemain between the existing manhole and the

new manhole.

B. Contract B

Plumbing

~o ao

Fixture and piping demolition.

New water piping, hose bibs and 2" Reduced Pressure Zone (RPZ) Backflow Preventer. All domestic piping to include pipe insulation.

Water closet, seat and miscellaneous piping.

Lavatory, faucet and miscellaneous piping with insulation.

Utility sink, faucet and miscellaneous piping with insulation.

Replacement of undersized waste piping with 4” diameter Schedule 40 DWV PVC pipe.

C. Contract C

Heating and Ventilation

™ oO

Mr. Arthur Petrone

Demolition and removal of existing boiler.

Demolition and removal of existing boiler circulation pumps (3).

Demolition and removal of existing hydronic unit heaters and demolition of existing piping leading to the unit heaters.

Demolition and removal of existing louvers (2).

Miscellaneous demolition and removal of other equipment.

Installation of new electric unit heaters.

Installation of new wet well duct work and roof exhaust fan system.

Installation of new dry well duct work and roof exhaust fan system.

Installation of new bathroom and electric room duct work and roof mounted exhaust system. Installation of makeup air louvers with motorized dampers.

Air balancing of the heating and ventilation system.

Town of Webster Sewer Department Re: Town of Webster Vosburg Pump Station Design. Bidding & Construction Phase

March 28, 2025

i a Elevating Communities

—= MRB

aaa Group

D. Contract D

Electrical

a. Electrical distribution improvements including a new motor control center (MCC) and power panels.

b. Demolition and removal of existing electrical equipment including motor control center, antiquated electrical panels and components, emergency power generator and automatic transfer switch, lighting, etc.

c. Installation of anew 275 kW emergency power generator with an automatic transfer switch, located inside the pump station building.

d. Installation of an external electrical connection on the north side of the building for a portable emergency generator connection. This will allow a portable emergency power generator to be utilized inside the fenced in area of the pump station. A manual transfer switch, wiring, conduit and other necessary hardware will be provided.

e. Installation of electrical raceways, conduit, conductors, wiring devices and miscellaneous electrical accessories.

f. Installation of variable frequency drives (VFD's) for the pumps & Motors.

Installation of communication hardware for remote monitoring of the station.

h,. Installation of a fire alarm system.

i. Installation of interior and exterior LED lighting.

j. Installation of an access control system, security system, cameras, and Network Video Recorder (NVR).

lil. Scope of Services and Compensation

Based on our experience with the preparation of the Capital Improvement Plan and Final Engineering Report for the Vosburg Pump Station, our previous pump station project experience, and our

discussions with the Town, the following scope of services has been developed for the project.

A. Design Phase Services 1. Site visit to confirm measurements and systems currently in place at the pump station, air release valve locations (2), and the forcemain discharge manhole. Take photographs and measurements to create base plans. A site survey will be performed and utilized for development of the pump station site plan and the offsite improvements.

2. Meetings with the owner and project team members during the design phase.

Mr Arthur Petrone Town of Webster Sewer Department Re Town of Webster Vosburg Pump Station Oesign. Bidding & Construction hase March 28, 2025 oT]

Rss

10.

11.

12.

13.

14.

Elevating Communities

Group

Further develop base plans based on information obtained on the site visit and from available mapping and site survey. Coordinate with the Town and manufacturer’s representatives to select and specify new pumps, SCADA System Improvements as outlined in the report, electrical components and other associated equipment and systems needed for the pump station design. Prepare detailed plans along with appropriate sections, elevations and details as needed for bidding, for the pump station improvements, air release valve improvements and forcemain discharge manhole replacement. Prepare demolition plans as necessary for completion of the work. Coordinate the electric, gas, telephone, and CATV services with the local utilities. Preparation of an Engineer's Report for Backflow Prevention. This includes one (1) site visit to inspect the installed device, as required by the Monroe County Department of Health and the Monroe County Water Authority (MCWA). Plans, Specifications and bidding documents will be prepared in accordance with the Wick’s Law, broken into four (4) prime Contracts:

Contract A

General Construction

Contract B

Plumbing

Contract C

HVAC

Contract D

Electrical Review draft documents with the Town. Finalize front end contract documents and technical specificatians. A determination of agency requirements associated with the contract documents will be made once grant/funding commitments have been made by the funding agency. Obtain Insurance requirements from the Town’s insurance agent. Completion of a Regulated Building Materials Survey consisting of Asbestos Materials Survey, Lead Based Paint X-Ray Fluorescence Spectrum Analyzer (XRF) Survey, PCB Caulk/Sealant Survey and Liquid PCB/Mercury Containing Material Inventory. Included with the surveys are the anticipated laboratory analysis. The results of the surveys will be included in the Contract Documents as an Appendix to the Contract, which will include direction for the Contractor(s). Submission of plans and specifications to the NYS Department of Environmental Conservation (DEC), Monroe County Department of Health (MCDOh), and other agencies as required. Address final plan adjustments based on agency requirements and comments from the Town’s

review.

Mr Arthur Petrone Town of Webster Sewer Department

Re Town of Webster Yosburg Pump Station Design, Bidding & Construction Phase

March 28, 2025

ti in gga, ee,

Elevating Communities

Group

15. Prepare updated engineer’s opinion of probable construction cost. 16. Finalize bidding documents based on intended advertisement and bid opening dates and issue

contract documents for public bidding.

Sub-Total A (Design Phase Services) Items 1-16 ...........-scesscecseeeeseeeestreeneneneeeneenanens $354,635.00

Bidding Phase Services:

1. Prepare an electronic Notice to Bidders for submittal to and publication by the Town Clerk.

2. Provide electronic bid documents on a thumb drive to Town for distribution and tracking by the Town Clerk. Alternatively, MRB can upload the project bid documents to an on-line plan room (Avalon Plan Room) where perspective bidders would be able to download the bid documents. (Recommended method).

3. Assistance through the bidding period including answering bidder's inquiries and preparation of addenda if required.

Attend and facilitate a pre-bid meeting along with Town.

Attend and assist at bid-opening.

Review and tabulate bids for each contract, review bidder's qualifications, and prepare a brief evaluation of bids for the Town Board.

Attend Town Board meeting to respond to any questions and assist with bid award.

8. Prepare Notice of Award for issuance to each contract.

Subtotal B (Bidding Phase Services), Items 1-8 .........csccccccessseeessesseeesreecseeseeeeneessaneeees $26,625.00

Construction Administration Services (based on a thirteen-month construction duration)

1. Prepare conforming contracts for the project. Construction Administration Services are based upon four (4) prime contracts.

Coordinate agreements, bonds and insurance as required for each contract.

Prepare and issue Notice to Proceed for each contract.

Hold pre-construction meeting for the project.

Hold bi-weekly onsite meetings to review progress and assist in contractor coordination. Submittal review of materials and equipment.

Respond to questions during construction including RFP's, RFl's, change orders, allowance

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authorizations, etc.

8. Review and process monthly payment requests.

Mr Arthur Pelrone Town of Wabster Sewer Department Ra: Tawn of Webster Vasburg Pump Stahon Design Bidaing & Construction Phase

March 23. 2025

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9. Prepare completed works certification.

40. Contract closeout, to include assembling and review of closeout documents received from each contractor, including but not limited to bonds, insurance certificates, certificates of substantial completion, release of liens, contractor record drawings, operation and maintenance manuals

provided by each contractor, etc.

Sub-Total C (Construction Phase Services) Items 1-10 ............csssesserseneeneteteseeess $187,345.00

Total Compensation A-C (LUMp SUM) ....--ccscesessesssenssnsseesscnsasrssnennnsenconenssaseenenennes $568,605.00

D. Construction Observation Services

4. Provide observation of construction on an hourly, as incurred basis. Observation is estimated based on thirteen (13) months of time for periodic site visits to monitor contractor's progress, witness subsurface or critical work, and assist with field questions or issues. This will include both part-time and full-time observation during this timeframe depending upon the activities being completed. Assist during start-up of equipment on an hourly basis as incurred. Punch List preparation and review of work completed by Contractors. Site Visit during Post-Construction as necessary. Site visit prior to the one (1) year warranty period and coordination with Contractors as

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necessary.

Fee is estimated based on 868 hours of observation @ $110/hour plus mileage reimbursement,

which is estimated to be $1800.

Subtotal D Construction Observation (hourly, aS inCUrred) ....secssesssseserssereeeseesees $97,280.00

The cost figures shown above represent our lump sum amount or hourly for construction observation. Any additional work beyond this fee and outside the scope of this proposal would be reviewed with the Client. MRB Group shall submit monthly statements for services rendered during each invoicing period based on the efforts performed during that period. MRB Group Standard

Rates are subject to annual adjustment.

Mr. Arthur Petrone

Town of Webster Sewer Department

Town of Webster Yosburg Pump Station Design, Bidding & Construction Phase

March 28, 2025 8

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IV. Additional Services

Services in the Additional Services category will be provided only when they are necessary. Additional

Services will be invoiced on an hourly basis or a time and materials basis. Exampies of Additional

Services include the following:

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Preparation of required MWBE Utilization Plans, waiver requests, documentation, forms, quarterly and annual reports, and any necessary coordination for MWBE/SDVOB and EEO compliance related to the engineering agreement or the construction contracts.

Funding or grant administration including reporting, preparation of reimbursement requests, and any administrative efforts related to any of the town’s grants or loans. We have assumed that grant administration will be conducted by the Town's fiscal advisor or grant administrator

Construction Administration Services beyond tasks noted or beyond a thirteen-month duration. On-site observation of project beyond estimated fee noted above.

Any scope of work beyond the items outlined above.

Record Drawings; Record Drawings to be provided by the Contractors. MRB Group will review the Record Drawings provided by each contractor as part of the Construction Administration Services tasks as described above.

Preparation of the National Environmental Policy Act (NEPA) documents that are required when Federal Grants and Loans are provided.

Preparation of grant applications or grant administration.

Assistance with financing, funding agency requirements, bonding, financial assistance, utility rate evaluations or adjustment, etc.

Boundary surveys.

Furnish easement maps and easement legal descriptions based on tax map data, at $600 per each. Negotiation with property owners regarding access and property taking.

Geo-technical Investigation, soil borings and geo-technical reports.

Construction stakeout and survey. (It is assumed that construction survey and stakeout will be the responsibility of the Contractor).

Provide post-construction GPS location survey of improvements including rims and invert elevations.

Design of hazardous materials removal, air monitoring or third-party testing.

Post construction operations assistance.

Regulatory review fees, laboratory fees and testing fees.

Mr Arthur Petrone

Town of vebsler Sower Department

Re Town of Webster Yosburg Pump Station Design Bidding & Construction Phase

March 28. 2025 9

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Performance testing of existing mechanical and/or electrical systems.

Design of fire protection system.

Value Engineering required to accommodate budget issues, or modifications to the bid documents to represent value engineering items suggested by the contractors.

Preparation of a short circuit, coordination, or an arc flash study.

Energy conservation analysis.

Building system commissioning.

Assistance as necessary during the Warranty Period on an hourly basis as incurred.

Total Estimated Additional Services (AS INCUIT Od) ......csseseecersessenennscnerensannnnresnenes $15,000.00

Project Assumptions

Our scope and fees include the following project assumptions. We also note that items not included in the above services can be provided on a personnel time-charge basis, however would only be

performed upon receipt of your authorization.

A. This proposal excludes MRB Group complying with the State requirements for meeting MWBE and Service-Disabled Veteran Owned Small Business Requirements. It is assumed that if the Town receives funding that requires meeting MWBE or other requirements, that the contractors will be required to meet those goals and requirements.

B. Four (4) prime contracts will be provided.

C. The Town will provide test pits as determined necessary during the design of the improvements.

D. Printing costs are included in our fee for agency submittals, Town copies and submission of plans to Avalon for distribution to bidders. Prospective bidders are responsible for the cost of obtaining plans and specifications. Any additional printing would be provided as an additional pass-through cost.

—. MRB Group has based fee compensation on the anticipated schedule of design phase services being completed in 2025 and construction activity occurring in 2026-2027 and completion occurring by the end of 2027. Fee adjustment will apply for future phases beyond Design Phase if the above

schedule is delayed.

Mr Arthur Petrone

Town of Webster Sewer Department

Town of Webster Yosburg Pump Station Design. Bidding & Construction Phase

March 28, 2025 Ac

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Vi. Commencement of Work

Upon receipt of the signed proposal, MRB Group will begin work on the project. The Project Schedule will be reviewed at the kick-off meeting and will be updated periodically based on the Town's funding

scenarios provided to MRB Group. Vii. Standard Terms and Conditions

Assuming our proposal is acceptable, and upon approval by the Town Board, we will forward for signature the Standard Form of Agreement between Owner and Engineer for Professional Services — EJCDC E-500 (the “Agreement"). The scope of work and engineering fees outlined in the Agreement

will be consistent with that outlined herein.

If this proposal is acceptable to you, please sign where indicated and return one copy to our office. Thank

you for your continued consideration of our firm. We look forward to working with you on this very important

project. Sincerely,

low A Cpe corn Paul R. Chatfield, P.E. James J. Oberst, P.E., LEED AP Senior Project Manager Executive Vice President/C.0.0.

Mr Arthur Petrone

Town of Webster Sewer Department

Re Town of Webster Vosburg Pump Station Design. Bidding & Construction Phase

March 28, 2025 it

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Group

Design Phase Services Proposal in the lump sum amount of $354,635.00 Accepted By:

Signature \ Title Date

Additional Services Proposal.in the estimated amount of $15,000.00 (as incurred) Accepted By:

= a | |

Signature Title Date

Note

Bid Phase Services, Construction Phase Services and Construction Observation Services to be approved by the Town Board under a separate Town Board Resolution. MRB Group has based fee compensation on the anticipated schedule of design phase services being completed in 2025 and construction activity occurring in 2026-2027 and completion occurring by the end of 2027. Fee adjustment

will apply for future phases beyond Design Phase if the above schedule is delayed.

https://mrbgroup365.sharepoint.com/sites/Proposals/Shared Documents/New York/Webster, Town off2025 Vosburg Pump Station/Vosburg Pump

Station Design.docx

Mr Arthur Petrone

Town of ‘Webster Sewer Department

Re. Town af Webster Vosburg Pump Station Design Bidding & Construction Phase March 28, 2025 12

This is Appendix 2, Engineer’s Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated April 3, 2025.

ENGINEER’S STANDARD HOURLY RATES

A. Standard Hourly Rates:

1. Standard Hourly Rates are set forth in this Appendix 2 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit.

2. The Standard Hourly Rates apply only as specified in Paragraph 4.01 and are subject to annual review and adjustment.

B. Schedule of 2025 Hourly Rates:

Billing Class Rate Senior Project Manager S$ 275/hour Associate Engineer | S 150/hour Associate Engineer Il S 165/hour Associate Engineer Ill S 178/hour Design Technician III S 144/hour

Senior Process Manager $ 153/hour

Appendix 2, Page 1

End of document