Professional Services Agreement: WWTP Upgrades and STEP Sewer System Phase 2 Upgrades

PROFESSIONAL SERVICES AGREEMENT

WWTP Upgrades and STEP Sewer System Phase 2 Upgrades

("PROJECT")

This Agreement is by and between

Village of Red Hook (“CLIENT”)

7467 Broadway Red Hook, NY 12571

and,

Delaware Engineering, D.P.C. (“ENGINEER”) 28 Madison Avenue Extension Albany, New York 12203

Who agree as follows:

The CLIENT hereby engages the ENGINEER to perform the services described in Part I ("Services") and the ENGINEER agrees to perform the Services for the compensation set forth in Part II. Work shall be conducted pursuant to the Standard Terms and Conditions and State Revolving Fund (SRF) Terms and Conditions Minority and Women Owned Business Enterprise provided in Parts III and IV. The ENGINEER shall be authorized to commence the Services upon execution of this Agreement. The CLIENT and the ENGINEER agree that this signature page, together with Parts I-IV and any attachments referred to therein, constitute the entire agreement between them relating to continuing Project assignments (Agreement).

APPROVED FOR CLIENT

APPROVED FOR ENGINEER

By: By: Printed Name: Karen Smythe Printed Name: Roberto Flores, P.E. Title: Mayor Title: Senior Project Manager Date: Date:

Delaware Engineering, D.P.C.

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PART I ENGINEER'S RESPONSIBILITIES

SCOPE OF SERVICES

Project Background

The PROJECT includes upgrades to the Wastewater Treatment Plant and expanding the sewer collection system in accordance with the Engineering Report dated June 2024 and revised September 2025.The preliminary construction cost for the PROJECT is $19.5M in 2026 dollars. The proposed improvements will increase the capacity of the WWTP up to 300,000 gpd, replace equipment that has reached the end of its useful life at the WWTP, make the necessary improvements needed to resolve the Village’s Consent Order, and add approximately 170 properties to the STEP collection system. The upgrades are generally described as follows:

1. Increasing the Equalization (EQ) capacity from 20,000 gallons to 40,000 gallons by adding additional surge tanks.

2. Add a remote EQ tank high level alarm.

3. Reducing the EQ pumps capacity from 30 gpm to 20 gpm until the MBR plant is built.

4. Combine the inflow of both sides of the WWTP into one EQ Tank system.

5. Add the ability to process the flow to either treatment train as needed to balance the flows from the upgraded EQ Tank system.

6. Adding a blower to the aeration system until the MBR plant upgrade is built.

7. Use enhanced chemical settling in the clarifiers when needed to reduce TSS overflow until the MBR plant is built.

8. Redirect the backwash from all sand filters to the EQ Tank system.

9. Modify the controls of the sand filters to allow automatic backwash.

10. Adding a fine screen to the headworks

11. adding one, 250,000 gpd MBR package plant

12. adding UV reactors rated for peak flows

13. converting the existing 25,000 gpd EA unit (original WWTP serving the Red Hook Commons) into a sludge holding tank.

14. Site work and yard piping at the WWTP and the collection system.

15. Misc. building upgrades/repairs at the WWTP.

16. Electrical and mechanical work at the WWTP.

17. Electrical work for the effluent pump control panels.

18. Adding low pressure sewers for the Phase 2 service area as shown on Figure 10 of the Engineering Report.

19. Septic Tank Effluent Pump (STEP) systems for approximately 170 properties including single and multi-family properties, commercial properties, a manufacture housing park, three infill housing developments, the Red Hook Middle and High School campuses.

This engineering service agreement covers assistance with SEQR, bonding, and funding applications that will be conducted for the PROJECT.

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Preliminary Engineering Phase and Financing Assistance

ENGINEER shall perform, at the direction of the CLIENT, professional services as described below in support of the PROJECT, the scope of which includes the Planning Phase and Financing:

• Submit the Engineering Report that describes the project including the project budget, and is needed for funding applications.

• Review, respond to regulatory comments, prepare revisions if necessary, and submit the revised Engineering Report to DCDOH, NYSDEC and NYSEFC for agency review and approval.

• Coordinated with the CLIENT and prepare applications for grants and financing for the project including but not limited to:

  • Clean Water State Revolving Fund (CWSRF)

  • State and Municipal Facilities

  • Water Infrastructure Grants

  • Consolidated Funding Applications

  • Dutchess County Infrastructure Grant

  • NYS Regional Economic Development Grant

• Coordinate and assist the Village with any environmental monitoring required from the approved SEQRA process.

• Coordinate and assist the Village with wetland and stream sampling associated with the Project.

• Coordinate with the Village and the project Bond Counsel, as needed.

• Assist the Village for the duration of the project with the various funding agencies requirements for reports, documentation collection, reimbursement for costs.

Design Phase Services

The ENGINEER shall perform, at the direction of the CLIENT, professional services as described below in support of the PROJECT, the scope of which includes the Design Phase and Bidding Services:

• Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor.

• Coordinate and secure the services for any needed subconsultant services including land surveying, soil borings, etc.

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• Provide technical criteria, written descriptions, and design data for CLIENT’s use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project; assist CLIENT in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities.

• Advise CLIENT of any adjustments to the opinion of probable Construction Cost known to ENGINEER.

• Perform or provide the following additional Final Design Phase tasks or deliverables:

  • Prepare and furnish bidding documents for review by CLIENT, its legal counsel, and regulatory agencies, and assist CLIENT in the preparation of other related documents.

  • Revise the bidding documents in accordance with comments and submit final bidding documents, a revised opinion of probable Construction Cost, and any other deliverables to CLIENT.

  • Assist CLIENT in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences, if any, and receive and process contractor deposits or charges for the bidding documents.

  • Issue addenda as appropriate to clarify, correct, or change the bidding documents.

  • Consult with CLIENT as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the bidding documents.

  • Attend the pre-Bid meeting, Bid opening, prepare Bid tabulation sheets, and assist CLIENT in evaluating Bids or proposals, provide a Recommendation of Award and aid in assembling and awarding contracts for the Work including issuance of Notice to Proceed.

Bidding Phase Services

ENGINEER will provide assistance for the bidding of the project and will ensure that the bid process is carried out in compliance with the Contract and applicable State, Federal and local laws and statutes. ENGINEER will provide the following Bid Assistance:

1. The bidding of the project is subject to competitive bidding procedures as described by New York State law. ENGINEER will assist to ensure that the bid process is carried out in accordance with applicable law.

2. ENGINEER will arrange for the reproduction of bid documents as necessary to support agency review and competitive bidding of the project and will support the Village in the development of bid announcements and lists of qualified contractors to receive bid

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documents. Twenty (20) CD and one hard copy of the bid documents will be provided directly by the ENGINEER for each prime contract.

3. ENGINEER will schedule and coordinate pre-bid conferences to answer questions from potential bidders.

4. ENGINEER will prepare, reproduce, and deliver addenda to the bid documents to both the Village and the contractors as necessary throughout the bidding process and will be available to answer any questions that arise during the bidding process.

5. Upon receipt of bid documents, ENGINEER will assist the Village in determining if bidders are responsible and responsive to the bid requirements. ENGINEER’s review will include an analysis to ensure that required documentation has been filed (i.e. bid bonds, certifications, etc.). ENGINEER will also evaluate the qualifications of the contractors. ENGINEER will prepare a bid tabulation for all responsive bidders and make recommendations for award of the contract.

6. After the Village Board has made a decision to award contracts, ENGINEER will assist in the execution of contracts with the selected bidder.

7. ENGINEER will assist the Village in the compilation and review of schedules provided by selected contractor.

8. Executed bid documents, bonds, insurance certificates, a contract, and a Notice to Proceed with respect to each contract awarded to a successful bidder will be developed by ENGINEER and provided to the Village.

Construction Phase Services

Construction Phase Services, including office engineering and construction inspection shall be added by amendment to this agreement after a Contractor has been selected and a construction schedule is known.

Construction engineering services will include the following elements:

1. ENGINEER will coordinate pre-construction meetings with the selected contractors to establish working protocols including health and safety plans. Schedules for all work elements will be reviewed by ENGINEER staff with the contractor to ensure a common understanding of the project scope and to identify critical paths. Appropriate written documentation of these meetings will be provided to the Village.

2. During contractor mobilization, engineering staff will be available to assist with directing the contractor in defining staging areas and ensuring that pre-construction activities occur as required. In addition, during mobilization, staff will ensure that all appropriate forms and reporting documentation is compiled and ready for use during construction activities.

3. Engineering services to be provided during construction will include:

   • a. Shop drawing review and approval

   • b. Processing of payment requests and change orders

   • c. Scheduling and attending regular job progress meetings

   • d. Preparation of a punch list of outstanding issues at the time of substantial completion.

   • e. Field Inspections, as required.

   • f. Review of all Close-out documents including as-built drawings and operational manuals. g. A copy of all reports, tests and shop drawings will be provided to the Village.

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4. Upon completion of the project, ENGINEER will conduct a final on-site project review, issue a Notice of Substantial Completion, provide construction certification to the approval agencies for work completed in accordance with the approved plans and specifications, and provide a final document package including reports, records, record plans developed by the contractor and other pertinent information.

The Inspection Phase of the project will include daily resident field inspection of the construction work to ensure and certify conformance of the work with the contract documents and to coordinate construction activities while maintaining operations. Field inspection staff will maintain records, monitor start-up testing, review scheduling, and record construction activities.

Onsite daily inspections will be dependent on the contractor’s schedule. This proposal is based on construction lasting 24 months. If construction extends beyond 24 months, the daily rate for these services is $1,200.

Start-Up Services

When major components of the WWTP and collection system are placed into operation by the Contractor and the Village begins operations of these systems, the ENGINEER will provide startup services as follows:

1. Attend the start-up of all major equipment

2. Coordinate with the Contractor, the equipment manufacturers, and the Village to use the equipment as designed and in conformance with the manufacture’s instructions.

3. Prepare punch list and follow up with such list and the Contractor as needed to correct the items identified.

4. Assist in integrating the new equipment with existing equipment and the operations of the WWTP.

5. Daily Assistance with operating the WWTP as major components are integrated into the existing WWTP operations.

6. From the date of substantial completion, provide daily on-site operational assistance for 30 days. After the initial 30-days, provide weekly on-site operational assistance for 12 weeks.

7. Additional on-site start-up assistance can be provided at $1,500 per day.

Delaware Engineering, D.P.C.

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PART II

COMPENSATION, BILLING AND PAYMENT

The ENGINEER will invoice the CLIENT monthly on a time and materials basis for services conducted as outlined herein. The CLIENT shall pay the ENGINEER for Services in an amount not to exceed $1,963,000.00. Payment is due 30 days from receipt of an invoice.

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