RESOLUTION NO. WHEREAS, the 2012 Long Range Water Plan was presented in a work session to the City of Dothan Commission May 28, 2013; and

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1 RESOLUTION NO. WHEREAS, the City of Dothan entered into contract with Polyengineering, Inc., by Resolution No on December 15, 2009 to develop new sources of water supply to meet the intermediate and long term needs of Dothan and Houston County in the most cost effective manner including updating the 2001 Dothan Long Range Water Plan; and WHEREAS, the 2012 Long Range Water Plan was presented in a work session to the City of Dothan Commission May 28, 2013; and WHEREAS, in the recent past, the City of Dothan has entered into agreements with Polyengineering, Inc., to prepare plans, specifications and inspect the construction of deep water wells; and WHEREAS, it is the desire of the City of Dothan Commission to install a Tuscaloosa Test Well and conduct a pilot study to determine water levels, quality and treatability of the Tuscaloosa Formation in Dothan as identified in the 2012 Dothan Long Water Range Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Dothan, Alabama, as follows: Section 1. That the City of Dothan enter into a contract with Polyengineering, Inc., of Dothan, Alabama to provide engineering consulting services at a cost "not-to-exceed" $200, to locate a well site, prepare plans and specifications, and perform other related work for constructing a deep water well located in the Tuscaloosa Formation including a pilot study to determine the best water treatment process to utilize this source of water for a potable water system, which said Contract follows:

2 CONTRACT STATE OF ALABAMA COUNTY OF HOUSTON CITY OF DOTHAN This AGREEMENT made at Dothan, Alabama by and between the City of Dothan, hereinafter called OWNER, and Polyengineering, Inc. hereinafter called the ENGINEER. WITNESSETH THAT: WHEREAS, the OWNER intends to enter into a Program of Water System Improvements in connection with the future development of a wellfield in the Tuscaloosa Formation. Services to include the location of a well site, surveying, plans, specifications, permits, etc. for the bidding and construction of a test hole, test well and permanent well to be constructed in the Tuscaloosa Formation. Also included in the services will be the complete water quality analysis of the water and a 6-month pilot study to determine the best water treatment process to utilize this source of water in the future. The design capacity of the well will be based on the pumping test of the test well with a goal to produce 2500 GPM. WHEREAS, the OWNER desires to engage the ENGINEER to render certain technical advice and assistance in connection with such undertakings of the OWNER in this program. NOW, THEREFORE, the parties hereto do mutually agree as follows: ARTICLE I: PART A: The ENGINEER agrees to furnish and perform the various professional services required for the preliminary planning, cost estimates, site location, site acquisition, design of test well, bidding of test well, construction observation of the test well, final design of well if an ADEM approved source to include permits, etc., and complete 6-month pilot study on treating water using Pre-Treatment/Reverse Osmosis to determine treated water quality. PROPERTY ACQUISTIONS 1. Locate site for acquisition, determine Owner, meet Owner and discuss project and provide recommendations to City of selected site including advantages/disadvantages. It is anticipated that the site for the test well would be on City owned property. 2. Complete appraisal of selected sites, if required. 3. Complete property survey, topographic survey, tie to Dothan GPS coordinates, and provide legal description of selected properties. 4. Complete title search of sites including title insurance and preparation of warranty deeds for site, if required. 5. Provide five copies of all documents to City for closing. PAGE 1 OF 11

3 PART B: DESIGN/BIDDING SERVICES 1. Consult with OWNER to clarify and define OWNER's requirements for the Project and review available data. 2. Advise OWNER as to the necessity of OWNER's providing or obtaining from others data or services and assist OWNER in obtaining such data and services. 3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the Project and participate in consultations with such authorities. 4. Provide analyses of OWNER's needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 5. Determine land and easement requirements as related to professional engineering services being performed. 6. Complete site survey of the proposed well sites per the Alabama Department of Environmental Management requirements and the Source Water Assessment regulations. 7. Prepare detailed plans and specifications for construction of test well and provide bid documents. Prepare for incorporation in the Contract Documents final drawings to show the general scope, extent and character of the work to be furnished and performed by Contractor (hereinafter called "Drawings") and Specifications (which will be prepared in the conformance with the sixteen divisions format of the Construction Specifications Institute). 8. Complete 6-month pilot study of Tuscaloosa Formation Test Well to determine recommended treatment process and the final water quality that would be discharged to the system. 9. Use Dothan Utilities preferred building footprint as the design standard for well building with modifications for Reverse Osmosis and Pre-Treatment as required. 10. Engineer to design well with power transfer switch for emergency power and with ground rods providing electrical resistance to be less than 5 ohms. 11. Coordinate well design and construction information and data collection with Geological Survey of Alabama. 12. Prepare detailed cost estimates forthe project. The ENGINEER shall not be required to guarantee the accuracy of these cost estimates, but they shall be computed from the most current information data available. 13. Prepare for review and approval by OWNER, its legal counsel and other advisors contract agreement forms, general conditions and supplementary conditions, bid forms, invitations to bid and instructions to bidders (all of which shall be consistent with the forms and pertinent guide sheets prepared by the Engineers Joint Contract Documents Committee), advertisements, construction bond and other related documents. 14. Furnish three copies of the above documents and of the Drawings and Specifications and present and review them in person with OWNER prior to advertisement for bids. Route plans and technical specifications to various departments for concurrency. PAGE 2 OF 11

4 15. Furnish six (6) approved sets of plans, specifications and bidding documents to the OWNER for the project. The original documents, survey notes and tracings are, and shall remain, the property of the ENGINEER. 16. Assist OWNER in advertising for and obtaining bids, supply and issue bid packets to Contractor's requesting Bid packets, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences and receive and process deposits for Bidding Documents. 17. Issue addenda as appropriate to interpret, clarify or expand the bidding documents. 18. Consult with and advise OWNER as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor(s) (herein call "Contractor(s)") for those portions of work as to which such acceptability is required by the Bidding Documents. 19. Consult with OWNER concerning and determine the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the Bidding Documents. 20. Assist OWNER in bid opening process, prepare bid tabulation sheets and provide a formal recommendation to the OWNER concerning the Contract Award and assist in assembling and awarding contracts for construction, materials, equipment and services. PART C: PERMITTING SERVICE 1. Complete ADEM Permit to Construct form and submit appropriate documents and permit fee for project. 2. Complete NPDES Stormwater Discharge permit to ADEM along with permit fee. Contractor is responsible for costs of all inspection fees in accordance with state requirements. 3. Complete ADEM Source Water Assessment Plan for water supply well upon obtaining all necessary data from test hole and test well. 4. Submit plans to City or County for concurrency of stormwater regulations, if applicable. 5. Provide a plan to discharge water from test well/pilot study to meet ADEM discharge requirements. Provide plan for permanent well when applicable. 6. Submit documents to the Water Resources Commission to obtain Certificate of Beneficial Use for permanent well. PART D: PROJECT MANAGEMENT AND INSPECTION SERVICES 1. Attend conferences with OWNER's authorities as required and assist the OWNER in administering the construction project. 2. Review shop drawings and manufacturer's drawings pertaining to the improvements for conformance to the project design. 3. Review laboratory, mill and shop tests of materials to be incorporated into the project for conformance with project specifications. PAGE 3 OF 11

5 4. Establish necessary baselines and grades for locating and accomplishing the work in accordance with the Plans and Specifications and provide "record drawing" with the top of permanent well casing indicated with mean sea level elevation. 5. Review test well installation and data, analyze test well results with the assistance of a Geological Survey of Alabama and provide a written recommendation on the development of permanent well. ENGINEER to provide evaluation of the aquifer to satisfy proposed source water assessment regulations and shall complete and submit three (3) copies of the report to OWNER. 6. Make periodic construction site visits to observe the CONTRACTOR's work and inspect the project without in any way guaranteeing the CONTRACTOR's work. 7. Review and approve CONTRACTOR's estimates for work performed for payment by the OWNER. 8. Make substantial completion, final completion, pre-final inspection and final inspection of the construction work for general conformance with plans and specifications upon completion of each phase of the project. 9. Revise the construction drawings from CONTRACTOR's measurements to show the project "As-Built" and provide one set of reproducible drawings and two sets of prints to the OWNER which shall include very specific control and electrical schematics. Complete ADEM Permit To Use Form to obtain approval to place water supply wells in-service. Assist City in obtaining all documents from contractor to close-out contract in accordance with City requirements. 10. The construction period shall be based on 14 months. 11. The ENGINEER's Scope of Services is attached to this contract. ARTICLE II: PAYMENT FOR ENGINEERING SERVICES The OWNER agrees to pay the ENGINEER compensation for professional services as rendered under Article I in the lump sum amounts as follows: Preliminary Planning $ 5, Property Acquisition (If Applicable) 5, Design/Bidding of Test Hole & Test Well & Permanent Well 110, ADEM Permitting of Permanent Well (If Applicable) 5, ADEM Source Water Assessment of Well (If Applicable) 5, Project management and Inspection Services (Hourly) 70, TOTAL NOT -TO-EXCEED AMOUNT $200, A. PAYMENTS SHALL BE AS FOLLOWS: 1. For services rendered the ENGINEER shall submit monthly itemized statements for services rendered. The statements will be based on PAGE 4 OF 11

6 Engineer's Estimate of the portion ofthe total services actually completed at the time of billing. ARTICLE III: PERSONNEL AND FACILITIES The ENGINEER warrants that he now has or will secure at his expense, all personnel required to perform the services under this contract. Such personnel are not employees of, nor have any contractual relationship with, the OWNER. ARTICLE IV: INSURANCE A. At its expense, ENGINEER shall maintain in effect during the term of this contract the following insurance with limits as shown or greater: B. General Liability (including automobile) - combined single limit of $1,000,000; C. Worker's Compensation - statutory limit; and D. ENGINEER shall provide certificates of insurance indicating the aforesaid coverages upon request of OWNER. E. OWNER shall be listed as additional insured on all insurance certificates. F. Errors & Omissions - The ENGINEER is to carrying errors and omissions or professional liability insurance with minimum limits of $2,000,000 per claim. ARTICLE V: GENERAL PROVISIONS A. All Drawings, Specifications and other work produced by the ENGINEER for this Project are instruments of service for this Project only and shall remain the property of the ENGINEER, whether the Project is complete or not. Reuse of any ofthe instruments of service ofthe ENGINEER by the OWNER on extension ofthis Project or on any other project without written permission of the ENGINEER shall be at the OWNER's risk and the OWNER agrees to defend, indemnify and hold harmless the ENGINEER from all claims, damages and expenses including attorney's fees arising out of such unauthorized reuse of ENGINEER's instruments of service by the OWNER or by others acting through the OWNER. B. The ENGINEER has not been retained or compensated to provide design and construction review service relating to the CONTRACTOR's safety precautions or to means, methods, techniques, sequences, or procedures required for the CONTRACTOR to perform this work but not relating to the final or completed structures; omitted services include but are not limited to PAGE 5 OF 11

7 shoring, scaffolding, underpinning, temporary retainment of excavations and any erection methods and temporary bracing. C. The ENGINEER intends to render his services under this Agreement in accordance with generally acceptable professional practices forthe intended use of the Project and makes no warranty either express or implied. D. Any opinion of the Construction Cost prepared by the ENGINEER represents his judgment as a design professional and is supplied for the general guidance of the OWNER. Since the ENGINEER has no control over the cost of labor and material or over competitive bidding or market conditions, the ENGINEER does not guarantee the accuracy of such opinions as compared to CONTRACTOR bids or actual cost to the OWNER. E. SPECIAL SERVICES Should additional Special Services be required, the additional fees shall be determined by applying the following hourly rates to the ENGINEER's actual manhour effort based on payroll date as shown in Exhibit "A". The following conditions apply to the rate schedule shown in Exhibit "A". 1. Hourly rates include salaries, payroll costs, additives, overhead and profit. 2. Hourly rates do NOT include direct out-of-pocket expenses such as transportation, special equipment, per diem, printing costs, etc. These costs will be paid at the actual cost to the ENGINEER. 3. The effective date ofthis schedule shall be May 2013, and this schedule shall be subject to revisions each 12 months thereafter. ARTICLE VI: OWNER's Responsibilities A. Provide to the ENGI NEER all criteria, design and construction standards and full information as to the OWNER's requirements for the Project. B. Assist ENGINEER by placing at his disposal all available information pertinent to the assignment including previous reports, pertinent "As-Built" information and any other Data relative thereto. C. Designate a person authorized to act as the OWNER's representative. The OWNER or his representative shall receive and examine documents submitted by the ENGINEER, interpret and define the OWNER's policies and render decisions and authorizations promptly to prevent unreasonable delay in the progress of the ENGINEER's services. PAGE 6 OF 11

8 D. Provide legal, accounting, and insurance counseling services necessary for the Project, legal review of the Construction Contract Documents, and such auditing services as the OWNER may require to account for expenditures of sums paid to the CONTRACTOR. E. Furnish above services at the OWNER's expense and in such manner that the ENGINEER may rely upon them in the performance of his services under this Agreement. F. Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER's services under this Agreement. G. Give prompt written notice to ENGINEER whenever the OWNER observes, or otherwise becomes aware of, any defect in the PROJECT or other event which may substantially affect the ENGINEER's performance of services under this Agreement. H. Compensate the ENGINEER for services rendered under this Agreement. PAGE 7 OF 11

9 IN WITNESS WHEREOF, the parties hereto have made and executed this Contract as of ENGINEER POL YENGINEERING, INC. BY: OWNER CITY OF DOTHAN, ALABAMA BY: MAX A. MOBLEY, PRESIDENT MIKE SCHMITZ, MAYOR ArrEST: ATTEST: ~.:RA~ VICE-PRESIDENT Address: Polyengineering, Inc Headland Avenue Dothan, Alabama Attn: James Brannon PAM McCOY, CITY CLERK Address: City of Dothan P.O. Box 2128 Dothan, Alabama Attn: Billy R. Mayes PAGE 8 OF 11

10 EXHIBIT A POL YENGINEERING, INC. Current Bill Rates CLASSIFICATION Bill RATE Senior Principal Engineer $ Civil Engineer $ Mechanical Engineer $ Electrical Engineer $ Architect $ Engineering Tech $80.00 Environmental Scientist $98.00 CADD Technician III $83.00 CADD Technician II $51.00 Senior Project Representative $70.00 Project Representative $60.00 Clerical $63.00 Professional Land Surveyor $ Survey Party (2-Man) $ Legal Counsel $ PAGE 9 OF 11

11 SCOPE OF WORK I. Property Acquisition: a. Assist City in locating potential site for acquisition, determine Owner, meet Owner and discuss project and provide recommendations to City for selected site including advantages, disadvantages. It is anticipated that the site for the test well would be on City owned property. b. Complete appraisal of selected site, if required. c. Complete property survey, topographic survey, tie to Dothan GPS coordinates, and provide legal description of selected properties. d. Complete title search of site including title insurance and preparation of warranty deeds for site, if required. e. Provide five (5) copies of all documents to City for closing. II. Design Services for Water Supply Well: a. Complete design of water supply well to be bid. Coordinate design with input from Alabama Geological Survey. b. Design to include 6-month pilot study utilizing an 18 module Reverse Osmosis pilot plant for data collection of raw/treated water from test well. c. Complete technical specifications and bid documents in accordance with City of Dothan requirements. d. Complete review of project with Public Works Department and edit plans, bid documents in accordance with comments. e. Route plans and technical specifications to various local and county departments for concurrency. f. Assist City in setting bid date for project. g. Set-up and attend Pre-Bid Conference to be attended by City, Contractor and Project Manager. h. Attend bid opening and assist in review of submitted bids. i. Tabulate bids and submit award recommendation letter to City for review and approval. j. Prepare six (6) copies of contracts for execution by City, Contractor and Surety Company. k. Schedule and attend Pre-Construction Conference for project. III. Permitting Services a. Complete ADEM Permit to Construct form and submit appropriate documents and permit fee for project. b. Complete NPDES Stormwater Discharge Permit (if applicable) to ADEM along with permit fee. Contractor would be responsible for costs of all inspection fees in accordance with state requirements. c. Complete ADEM Source Water Assessment Plan for water supply well upon obtaining all necessary data from test hole and test well. PAGE 10 OF 11

12 d. Provide a plan to discharge water from test well/pilot study and meet ADEM requirements of receiving stream. Provide a plan for permanent well when applicable. e. Submit documents to the Water Resources Commission to obtain Certificate of Beneficial Use for permanent well. IV. Project management and Inspection Services: a. Project management services for project will include: i. Review and approval of all submittals. ii. Monthly progress meeting with City and Contractor. iii. Review and approval of monthly periodic estimates. iv. Provide review, technical support, final report, laboratory testing etc. on pilot study of raw/treated water from Tuscaloosa Formation. v. Provide inspection services (one inspector) for water supply well during construction period of contract. City to provide on-site overview for 6-month pilot plant operations. vi. Prepare all change orders for review and approval by City and Contractor. vii. Complete As-Builts of completed project and submit to City. viii. Complete ADEM Permit To Use Form to obtain approval to place water supply well in service. ix. Assist City in obtaining all documents from contractor to close out contract in accordance with City requirements. PAGE 11 OF 11

13 Res. No. Entering into a Contract with Polyengineering, Inc., continued. Section 2. That the sum of $200, is appropriated in Fiscal Year 2013 to the Utility Fund/Dothan Utilities Water, Account Number for the Professional Services Contract. This appropriation is to be funded by increasing the Utility Fund/Non Revenue Receipts/Utilization of Fund Balance, Account Number by the sum of $200, Section 3. That Mike Schmitz, Mayor of the City of Dothan and in such capacity, is hereby authorized and directed to sign said contract and associated documents for and in the name of the City of Dothan which shall be attested by the City Clerk and the seal of the City affixed thereto. PASSED, ADOPTED AND APPROVED ON Attest Mayor City Clerk Associate Commissioner-District 1 Associate Commissioner-District 2 Associate Commissioner-District 3 Associate Commissioner-District 4 Associate Commissioner-District 5 Associate Commissioner-District 6 BOARD OF CITY COMMISSIONERS