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HomeMy WebLinkAboutMeadows Sub. Detention Basin . " 'j , '7 ~, MEADOWS SUBDIVISION DETENTION BASIN AND DRAINAGE SYSTEM IMPROVEMENTS JEFFERSONVILLE DRAINAGE BOARD JEFFERSONVILLE, INDIANA SUPPLEMENTAL AGREEMENT NO.1 PROFESSIONAL ENGINEERING SERVICES WA TER/WETLAND .PERMITTING SERVICES This is a Supplemental Agreement made as of this ~ day of August, 2004, between the City of Jeffersonville, Indiana, acting thru its duly appointed Drainage Board (CLIENT) and Jacobi, Toombs, and Lanz, Inc. (JTL), a firm of Professional Engineers, Surveyors and GIS Specialists. WHEREAS, CLIENT and JTL entered into a Professional Engineering Services Agreement on March 2, 2004, and WHEREAS, it has become necessary to include water/wetland permitting services due to the potential existence of a wetland at the proposed site. NOW, THEREFORE, the CLIENT and JTL agree to the following changes and supplements to said ongoing Professional Engineering Services Agreement dated March 2, 2004: Attachments 'A' and 'B' are hereby changed or supplemented as per enclosed revised attachments. Unless changed or supplemented by this Supplemental Agreement No.1, all other terms and conditions of the original agreement dated March 2, 2004, shall remain in full force and effect. ~. f In witness whereof, the parties hereto have made and executed this Supplemental Agreement as of th~ day and year first written. CLIENT: CONSULTANT: Drainage Board of the City of Jeffersonville, Indiana 4th Floor, City-County Building 501 East Court Avenue . Jeffersonville, Indiana 47130 Jacobi, Toombs and Lanz, Inc. Consulting Engineers 120 Bell Avenue Clarksvil ,Indiana 47129 By: By: Witness: L~~ V S,'..S~dnc.'J,",WFDOCS,",o+,",O+ I 2,",supplcmcntal.wpd Page 1 of 3 t ." (' ~ r r ATTACHMENT A D. Water/Wetland Permitting Services ~ Jacobi, Toombs and Lanz, Inc. shall subcontract the services as per the attached proposal to Redwing Ecological Services, Inc. for the water/wetland permitting services described therein. S'5~dne~,-WFD0C5,-o+,-041 2'-5upplementa1.wpd Page 2 of 3 ..'/) c\ V / ~DWING . Z--! /' \ ECOLOGICAl. SERVICES, INC. 129 South Sixth Street . Louisville. Kentucky 40202 . Phone 502.625.3009 . Fax 502.625.3077 July 2,2004 Mr. Harold Hart, PE, LS Jacobi, Toombs and Lanz, Inc. 120 Bell Avenue. Clarksville, IN 47129 Subject: Proposal for WaterIWetIand Permitting Services Proposed Jeffersonville Drainage Facility Clark County, Indiana Redwing Project 04-048 Dear Mr. Hart: Per our recent meeting and conversation with yourself and Mr. Jorge Lanz, Redwing Ecological Services, Inc. (Redwing) is pleased to submit this proposal for water/wetland permitting services in support of the f': proposed Jeffersonville Drainage Facility in southern Clark County, Indiana. The approximately lO-acre site is located between the Baltimore and Ohio Railroad and Hampton Drive, east of 1-65. The goal of these proposed services is to assist Jacobi, Toombs and Lanz, Inc. (JTL) with obtaining the required jurisdictional water/wetland permits for the proposed project. f' BACKGROUND Jurisdictional waters of the U.S., including wetlands, are defined by 33 CFR Part 328.3 and are protected by Section 404 of the Clean Water Act (33 USC 1344), which is administered and enforced by the U. S. Army Corps of Engineers (USACE). Certain water/wetland impacts are also regulated by the Indiana Department of Environmental Management (IDEM) under Section 401 of the Clean Water Act. Under current regulations in Indiana, impacts to greater than one acre of jurisdictional waters require the submittal of an Individual Permit to the USACE. Impacts to waters of the U.S. between 0.1 acre and 1.0 acre due to residential and commercial development require submittal of a Regional General Permit to the USACE. Impacts to less than O. I acre of jurisdictional waters are pre-approved under the Regional General Permit, and formal notification to the USACE is not required. A Water Quality Certification will be required from ", Proposal for Water/Wetland Permitting Services Proposed Jeffersonville Drainage Facility July 2, 2004 Redwing Proposal 04-048 r the IDEM if the project impacts greater than 0.1 acre of jurisdictional wetland or impacts greater than 300 linear feet of stream; however, impacts below these thresholds do require the submittal of formal notification to IDEM. Based on our preliminary site visit on June 25, 2004, review of available maps and discussions with JTL, jurisdictional waters/wetlands appear to be present through the central portion of the site, along intermittent/perennial streams tributary to Lick Run. Per our conversation, we understand that the drainage facility has several construction options, which may range from minor to major water/wetland impacts. For the purposes of this proposal, we assume that impacts will be limited to construction of a dam across the downstream portion of the site and permitting can be addressed under a Regional General Permit (less than one acre of impact). PROPOSED SERVICES r The focus of these proposed services will be the delineation of jurisdictional boundaries and preparation of application packages for a Regional General Permit and 'a Section 401 Water Quality Certification (WQc) to the USACE and the IDEM, respectively. These services will be accomplished through completion of the following tasks, which are described in detail below: 1) a formal water/wetland .delineation of the property; 2) preparation of a joint permit application package; and 3) conducting meeting/coordination with JTL and agency personnel. r' .. '> \ Water/Wetland Delineation: Under this task Redwing will delineate the jurisdictional water/wetland boundaries on the approximately 10-acre project site. During the field study, wetland areas will be identified using the Routine On-Site Determination Method as defined in the 1987 Corps of Engineers Wetland Delineation Manual. This technique uses a multi-parameter approach, which requires positive evidence of three criteria: wetland hydrology, hydric soils, and hydrophytic vegetation. Areas exhibiting all three criteria will be flagged in the field and marked on available site maps. Jurisdictional waters (streams, lakes) will be identified on the basis of the ordinary high water mark (OHWM) and defined bed and bank features. We understand that delineated jurisdictional boundaries will be surveyed by JTL This task will also be used to assess the relative quality of on-site waters/wetlands for use in the permitting process. We have budgeted one day in the field for two Redwing wetland scientists to complete this task. 2 - ~ .' Proposal for Water/Wetland Permitting Services Proposed Jeffersonville Drainage Facility July 2, 2004 Redwing Proposal 04-048 Permit Application: This task includes the preparation of a Section 404 Regional General Permit/WQC Application Package for submittal to the USACE and the IDEM. The permit package will include: a description of proposed impacts; Rapid Bioassessment Protocol (RBPs) assessment for the existing stream; quality assessment of the wetland area; and required application forms for both the USACE and the IDEM. The permit package will also include the findings of the formal delineation of the property and the conceptual mitigation plan. This task assumes that JTL will provide construction documents, any hydrologic modeling required by the agencies, and sediment and erosion control plans that may be required for this project. It also assumes that mitigation will be limited to on-site restoration of existing stream and wetland habitat. We have budgeted 20 hours (including professional, drafting and clerical time) to prepare the conceptual mitigation plan, and 42 hours to prepare the permit application package. (' Meetings/Coordination: Under this task Redwing will provide coordination necessary to complete review of the permit application packages by the USACE and the IDEM. We have budgeted 22 hours for client/agency coordination including: . One pre-application meeting with the USACE (and/or IDEM), JTL and the Jeffersonville Drainage Board to introduce the project and discuss permitting options. . One meeting to present the permit application to the agencies and discuss their concerns. . Eight hours for client and agency coordination, including responses to agency/public comments, as necessary. We will also keep in close contact with you throughout the project via phone calls, emails and written updates, as necessary. DELIVERABLES The deliverables in this proposal will include: 1) a conceptual mitigation plan for submittal with the permit application; 2) a Regional General Permit and WQC application package for submittal to the regulatory ("'\ agencies; and 3) coordination of USACE and other agency review of the permit application through two agency meetings and one formal response to agency/public comments, as necessary. 3 r f' \ Proposal for Water/Wetland Permitting Services Proposed Jeffersonville Drainage Facility July 2, 2004 Redwing Proposal 04-048 SCHEDULE Based on your project needs, we will commence work on this project within one week of our receipt and acceptance of your authorization to proceed. The conceptual mitigation plan will be prepared within three weeks of project initiation. A draft conceptual mitigation plan will be submitted to you for review prior to inclusion in the permit package. The draft Permit Application Package will be submitted to you for review within two weeks of your approval of the mitigation plan. The permit application will be submitted to the USACE and IDEM within two weeks of our receipt of your comments. We will work to expedite agency review of the application. PERSONNEL This project will be under the direction of Kiersten Fuchs, Senior Ecologist and Ron Thomas, Senior Ecologist. They will be assisted in management and technical aspects of the project by Benjamin Deetsch, Staff Ecologist. Redwing personnel have extensive experience in wetland delineation, permitting and mitigation in the Louisville area, and have been active here for over 13 years. COSTS The total cost of the Proposed Services is $7,300 and is itemized as follows: W ater/W etland Delineation.................... ............. ..... ......... ..... $1,300 Conceptual Mitigation Plan.................... ................................ $1,300 Permit Application .... ................... ....... .... ..... ........... ..... .... $3,100 Delineation Report $900 Permit Report $2,200 Agency Coordination .................................. .......,................... $1,600 TOTAL..... .......... ......... ........ ............... ..... .................... .......... $7,300 4 ",' ~ ..' ..;. r " -- r Proposal for Water/Wetland Permitting Services Proposed Jeffersonville Drainage Facility July 2, 2004 Redwing Proposal 04-048 These services will be provided on a lump sum basis and you will be invoiced at the end of discrete tasks. OUf invoices are payable upon receipt. Any required additional services will be provided as discrete lump sum change orders, following specific written authorization by you. These additional services could include: additional agency meetings and coordination; additional field studies required by the agencies; detailed protected species surveys; preparation of detailed needs and alternatives analysis; and assessments of additional off-site mitigation areas. AUTHORIZATION AND CONTRACTUAL CONDITIONS These Proposed Services will be provided on a lump sum basis. Jacobi, Toombs and Lanz, Inc will be invoiced at the completion of discrete tasks and invoices are payable upon receipt. To authorize us to proceed with the Proposed Services, please sign the attached Professional Services Agreement and return one original to Redwing. We appreciate the opportunity to assist you on this important project, and look forward to working together as the project proceeds. Please call Kiersten Fuchs or Ron Thomas at (502) 625-3009 with any questions regarding this proposal. Sincerely, ~~lT~ M1!7vL Kiersten R. Fuchs Principal Senior Ecologist Benjamin J. Deetsch Staff Ecologist Fi Ic:04-048/Proposal/ProposedJ effcrsonvi IlcDrainageFacility-prp Attachments: Professional Services Agreement 5 . .... ~". ",. #. ' r"\ r\ ATTACHMENT B FEE COMPUTATION SUMMARY D. Water/Wetland Permitting Services Lump Sum Fee Total S'5~dne~,WFDOC5"o+"o+ I 2"supplemental.wpd $ 7,300.00 Page 3 of 3 MEADOWS SUBDIVISION DETENTION.I3A~I..~."N[)[)~"I~,,9E:SYSTEM IMPROVEMENTS JEFFERSONVILLE DRAINAGE BOARD JEFFERSONVILLE, INDIANA PROFESSIONAL ENGINEERING SERVICES AGREEMENT DESIGN/CONSTRUCTION OBSERVATION This is an agreement made as of this 2'd day of March, 2004, between the City of Jeffersonville, Indiana, acting thru its duly appointed Drainage Board (CLIENT) and Jacobi, Toombs, and Lanz, Inc. (JTL), a firm of Professional Engineers, Surveyors and GIS Specialists. CLIENT hereby retains JTL to perform services as described in Attachment A. JTL agrees to perform the services in consideration of the compensation described in Attachment B and in accordance with the terms described in Attachment C. Hourly rates for inspection will be in accordance with Attachment D. This Agreement consists of this document together with Attachment A - Project Description, Attachment B - Fee Computation Summary, Attachment C - Terms and Conditions and Attachment 0 - Preliminary Project Sketc;h, This agreement between the CLIENT and JTL supercedes all prior written and oral understandings. This' agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument. In executing this Agreement, the undersigned also acknowledge their authority to bind the parties to all terms and conditions. In witness whereof, the parties hereto have made and executed this Agreement as of the day and year first written. r . . CLIENT: JTL: Drainage Board of the City of Jeffersonville, Indiana 4th Floor, City-County Building 501 East Court Avenue Jeffersonville, Indiana 47130 By ~;JX~~#BY Jacobi, Toombs and Lanz, Inc. Consulting Engineers 120 Bell Avenue Clarksville, Ind' n 47129 ....... Wlness ~1/ ~4- ~ 5 0!1dn~!I\Wf'D0C5\9\9 705\9/"05A \M~adows agrmt.wpd Page 1 of 7 r ATTACHMENT A PROJECT DESCRIPTION The project consists of constructing a stormwater detention basin immediately upstream of the Meadows Subdivision to control the magnitude of the stormwater runoff that flows through the subdivision. Also included are a new culvert under Bishop Road (the culvert under Crums Lane has previously been replaced), and drainage channel improvements that will enable the system to properly convey the runoff from a given storm event through the subdivision. The engineering services to be performed will be as follows: A. Preliminary Engineering (' . . . Acquire property maps of all the areas. Locate property corners to define the blocks and street right-of-ways and parcels of property.. Set elevation bench marks and take elevations on all existing drainage, sanitary sewers, and other features, along the center of the drainage way and at all other pertinent locations to be used to design all the improvements. Research and have all existing utilities marked and located to determine how to work around them. Locate existing sanitary sewers, storm sewers, or other features along the route. Go out to area during rain events to mark flooded areas, and to observe damage. Design detention basin, culvert, and channel improvements. Prepare preliminary and final estimates of cost. Prepare plats and descriptions for land and/or easement acquisition. Appraisals, review appraisals, and acquisition specialist costs will be paid directly by the client and are not included in the engineering fees. Attend Board meetings and present the project at various points. . . . . . . . B. Final Design, Plans, Specifications, Contract Documents JTL shall not proceed with this portion of the work until satisfactory arrangements have been made to acquire the land where the proposed detention basin is to be sited, and the CLIENT issues notice to proceed. . Prepare plans and specifications for bidding purposes. . Schedule, attend and compile results of the bid opening. . Recommend award of the construction contract. C. Construction Observation . Inspect construction of the project full-time for its duration.' . Prepare and administer Pay Requests and Change Orders during the construction process. . Cooperate with the Board, its Accountants and Attorney in the issuance of Bonds for funding with exhibits, estimates or whatever else is needed. The engineering fees for design and inspection are shown in Attachment B. r, 5\5!1dne!l\WFDOCSVV705V705A \Meadows agrmt.wpd Page 2 of 7 r\ ATTACHMENT B FEE COMPUTATION SUMMARY A. Preliminary Engineering 1. Collection of information, property data, locate property corners, prepare map. 2. Set elevation bench marks, take elevations, plot all data on large plan, work out preliminary design of how area would be drained and present for approval of City. 3. Prepare preliminary and final design of detention basin, culvert, and channel improvements. Prepare plats and descriptions. Present for approval. 4. Coordinate and manage acquisition of lands and easements. LUMP SUM FEE TOTAL $ 32,400.00 B. Final Design, Plans, Specifications, Contract Documents 1. Once satisfactory arrangements have been completed to acquire the land required to site the detention basin, prepare plans, specifications, and bid documents for bidding purposes. (' 2. Publish notice, distribute plans to bidders, attend bid opening, analyze bids received, process and award contractors' documents. LUMP SUM FEE TOTAL $ 21,600.00 C. Construction Observation 1. Provide one (1) full time resident construction representative to observe construction and ascertain that the project is being constructed in accordance with the plans, specifications, and contract documents. 2. Serve as the Client's representative during construction, answer contractor questions, check shop drawings, process pay requests. Compensation to JTL for Construction Observation will be on a time and materials basis. NOT-TO-EXCEED TOTAL $ 75,000.00 ( 50;1dno;l\WfDOC5VV705V705A \Moadows agrmt.wpd Page 3 of7 Professional Services Agreement Attachment C . Terms & Conditions (Services Jacobi, Toombs and Lanz, Inc. (JTL) will perform services for the Client with these Terms & Conditions. JTL has developed the Project scope of service, schedule, and compensation based on available information and various assumptions. The Client acknowledges that adjustments to the schedule and compensation may be necessary based on the actual circumstances encountered by JTL in performing their services. Authorized Representatives The officer assigned to the Project by JTL is the only authorized representative to make decisions or commitments on behalf of JTL. The Client shall designate a representative with similar authority. Project Requirements The Client shall confirm the objectives, requirements, constraints, and criteria for the Project at its inception. If the Client has established design standards, they shall be furnished to JTL at Project inception. JTL will review the Client design standards and may recommend alternate standards considering the standard of care provision. Site Access The Client shall obtain all necessary approvals for JTL to access the Project site(s). Period of Service JTL shall perform the services for the Project in a timely manner consistent with sound rorofessional pr~ctice. JTL ~i11 strive to perform i~s Jervices according to the Project schedule set forth In Attachment C. The services of each task shall be considered complete when deliverables for the task have been presented to the Client. JTL shall be entitled to an extension of time and compensation adjustment for any delay beyond JTL control. Compensation In consideration of the services performed by JTL, the Client shall pay JTL in the manner set forth in Attachment B. The parties acknowledge that terms of compensation are based on an orderly and continuous progress of the Project. Compensation shall be equitably adjusted for delays or extensions of time beyond the control of JTL. Payment Definitions The following definitions shall apply to methods of payment: . Salary cost is defined as the individuals base salary plus customary and statutory benefits. Statutory benefits shall be as prescribed by law and customary benefits shall be as established by JTL employment policy. . Cost plus is defined as the individuals base salary plus actual overhead plus professional fee. Overhead shall include customary and statutory benefits, administrative expense, and non-project operating costs. (' . Lump sum is defined as a fixed price amount for the scope of services described. . Standard Rates is defined as individual time multiplied by standard billing rates for that individual. \\Secll\secll\Sydney\WPDOCS\9\970S\970SA\jTLlerms.doc Page 4 of 7 . Subcontracted services are defined as Project related services provided by other parties to JTL . Reimbursable expenses are defined as actual expenses incurred in connection with the Project. Payment Terms JTL shall submit monthly invoices for services performed and Client shall pay the full invoice amount within 30 days of the invoice date. Invoices will be considered correct if not questioned in writing within 10 days of the invoice date. JTL shall be entitled to a 2% per month administrative charge in the event of payment delay. Client payment to JTL is not contingent on arrangement of project financing. Invoice payment delayed beyond 60 days shall give JTL the right to stop work until payments are current. Non-payment beyond 70 days shall be just cause for termination by JTL. Additional Services The Client and JTL acknowledge that additional services may be necessary for the Project to address issues that may not be known at Project initiation or that may be required to address circumstances that were not foreseen. In that event, JTL shall notify the Client of the need for additional services and the Client shall pay for such additional services in an amount and manner as the parties may subsequently agree. Independent Consultant JTL shall serve as an independent consultant for services provided under this agreement. JTL shall retain control over the means and methods used in performing their services and may retain subconsultants to perform certain services as determined by JTL. Standard of Care Services provided by JTL will be performed with the care and skill ordinarily exercised by members of the same profession practicing under similar circumstances. JTL will not be liable for the cost of any omission that adds value to the Project. Compliance with Laws JTL shall perform its services consistent with sound professional practice and endeavor to incorporate laws, regulations, codes, and standards applicable at the time the work is performed. In the event that standards of practice change during the Project, JTL shall be entitled to additional compensation where additional services are needed to conform to the standard of practice. Permits and Approvals JTL will assist the Client in preparing applications and supporting documents for the Client to secure permits and approvals from agencies having jurisdiction over the Project. The Client agrees to pay all application and review fees. Ownership of Documents Documents prepared by JTL for the Project are instruments of service and shall remain the property of JTL. Record documents of service shall be based on the printed copy. JTL will furnish documents electronically, however the Client releases JTL. from any liability that may result from documents used in this form. JTL shall not be held liable Terms & Conditions Rev 10/22/01 $500,000 per Accident and $500,000 Policy Limit $1,000,000 per occurrence (bodily injury including death & property damage) $2,000,000 aggregate $1,000,000 combined single limit for bodily injury and property damage $500,000 each claim and in the aggregate The Client shall make arrangements for Builder's Risk, Protective Liability, Pollution Prevention, and other specific insurance coverage warranted for the Project in amounts appropriate to the Project value and risks. JTL shall be a named insured on those policies where JTL may be at risk. The Client shall obtain the counsel of others in setting insurance limits for construction contracts. Waiver of Subrogation JTL shall endeavor to obtain a r\~aiver of subrogation against the Client, if requested in . writing by the Client, provided that JTL will not increase its exposure to risk and Client will pay the cost associated with any premium increase or special fees. Indemnification JTL shall indemnify the Client from any reasonable damages caused solely by the negligent act, error, or omission of JTL in the performance of services under the Project. If such damage results in part by the negligence of another party, JTL shall be liable only to the extent of their proportional negligence. Limitation of Liability In recognition of the relative risks and benefits of the project to both the Client and JTL, the risks have been allocated. The Client agrees to limit the liability of JTL for all claims related to the Project at $50,000 or the net income realized by JTL for the Project, whichever is greater. Third Party Claims The Client will compensate JTL for services performed in defense of any third party claim unless the claim resulted from the negligent act, error or omission of JTL. Legal Expense In the event that either party takes legal action against the other that is not prosecuted, is dismissed, or if the decision is rendered for the other party, the party taking legal action agrees to pay the other their attorney fees, court costs, and defense expenses within 30 days of the court action. r 'Lien Rights JTL may file a lien against the Client's property in the event that the Client does not make payment within the time prescribed in this agreement. The Client agrees that services by JTL are considered \\SecH\,ecH\Sydney\WPDOCS\9\9705\9705A\jTLlenm.doc Page 5 of 7 for reuse of documents for any purpose other than those intenefed under the Project. Insurance JTL will maintain the following insurance and f.' coverage limits during the period of service. The Client will be named as an additional insured on the Commercial General Liability and Automobile Liability policies. Worker's Compensation Commercial General Liability Automobile Liability Professional Liability property improvements and the Client waives the right to any legal defense to the contrary. Consequential Damages Neither the Client nor JTL shall be liable to the other for any consequential damages regardless of the nature or fault. Environmental Matters The Client warrants they have disclosed all potential hazardous materials that may be encountered on the Project. In the event unknown hazardous materials are encountered, JTL shall be entitled to additional compensation for appropriate actions to protect the health and safety of its personnel, and for additional services required to comply with applicable laws. The Client shall indemnify JTL from any claim related to hazardous materials encountered on the Project except for those events caused by negligent acts of JTL. Cost Opinions JTL shall prepare cost opinions for the Project based on historical information that represents the judgment of a qualified professional. The Client and JTL acknowledge that actual costs may vary from the cost opinions prepared and that JTL offers no guarantee related to the Project cost. Independent Counsel The Client agrees to obtain independent legal and financial counsel for the Project considering JTL does not furnish these services. Contingency Fund The Client acknowledges the potential for changes in the work during construction and the Client agrees to include a contingency fund in the Project budget appropriate to the potential risks and uncertainties associated with the Project. JTL may offer advice concerning the value of the contingency fund; however, JTL shall not be liable for additional costs that the Client may incur beyond the contingency fund they select unless such additional cost results from a negligent act, error, or omission related to services performed by JTL. Contractor Selection JTL may make recommendations concerning award of construction contracts and products. The Client acknowledges that the final selection of construction contractors and products is their sole responsibility. Shop Drawing Review If included in the scope of service, JTL shall review shop-drawing submittals from the contractor solely for their conformance with the design intent of and performance criteria specified for the Project. JTL shall not be liable for the performance of or consequential damages of any equipment furnished by the contractor under the Project. Construction Review If included in the scope of service, JTL shall observe the progress and content of the work to determine if the work is proceeding in general accordance with the Contract Documents. This construction review is intended to observe, document, and report information concerning the construction process. Observation of work at the Project site shall not make JTL responsible for the work performed by another party, the means, methods, techniques, sequences, or procedures selected by another party, nor the safety precautions or programs of another party. Terms & Conditions Rev 10/22/01 l ,. .. , ' . Rejection of Work JTL may recommend that the Client rejeot work by construction contractors that does not , conform to the requirements of the Project. ;f)afety JTL shall be responsible solely for the safety \ precautions or programs of its employees and no other party. Information from Other Parties The Client and JTL acknowledge that JTL will rely on information furnished by other parties in performing its services under the Project. JTL shall not be liable for any damages that may be incurred by the Client in the use of third party information. Construction Record Drawings If included in the scope of service, JTL will deliver drawings to the Client incorporating information furnished by construction contractors. In that construction record drawings are based on information provided by others, JTL cannot and does not warrant their accuracy. Force Majeure Neither party will hold the other responsible for damages or delay caused by Acts of God, acts of war, strikes, accidents, or other events beyond the other's control. Dispute Resolution The Client and JTL agree that they shall diligently pursue resolution of all disagreements within 45 days of either party's written notice using a mutually acceptable form of mediated dispute resolution prior to exercising their rights under law. JTL shall continue to perform services for the Project and the Client shall pay for such services during the dispute r"esolution process unless the Client issues a written _ notice to suspend work. Suspension of Work The Client may suspend services performed by JTL with cause upon fourteen (14) days written notice. JTL shall submit an invoice for services performed up to the effective date of the work suspension and the Client shall pay JTL all outstanding invoices within fourteen (14) days. If the work suspension exceeds thirty (30) days from the effective work suspension date, JTL shall be entitled to renegotiate the Project schedule and the compensation terms for the Project. Termination The Client or JTL may terminate services on the Project upon seven (7) days written notice in the event of substantial failure by the other party to fulfill its obligations of the terms hereunder. JTL shall submit an invoice for services performed up to the effective date of termination and the Client shall pay JTL all outstanding invoices within fourteen (14) days. The Client may withhold an amount for services that may be in dispute provided that the Client furnishes a written notice of the basis for their dispute and that the amount withheld represents a reasonable value. f'" \ \Seell \seell \Sydney\ WPDOCS\9\9705\9705A\JTUerms,doc Governing Law The terms of agreement shall be governed by the laws of the state where the services are performed provided that nothing contained herein shall be interpreted in such a manner as to render it unenforceable under the laws of the state in which the Project resides. Assignment Neither party shall assign its rights, interests or obligations under the Project without the express written consent of the other party. Waiver of Rights The failure of either party to enforce any provision of these terms and conditions shall not constitute a waiver of such provision nor diminish the right of either party to the remedies of such provision. Warranty JTL warrants that they will deliver products under the Project within the standard of care. JTL provides no other expressed or implied warranty. Severability Any provision of these terms later held to violate any law shall be deemed void and all remaining provisions shall continue in force. In such event, the Client and JTL will work in good faith to replace an invalid provision with one that is valid with as close to the original meaning as possible. Survival All provisions of these terms that allocate responsibility or liability between the Client and JTL shall survive the completion or termination of services for the Project. Page 6 of 7 Terms & Conditions Rev 10/22/01 , 4 ." I .' ,~ ,'(::tI 'Of^'<~~0 (J;'2. I f^ 0 )'2--<0'2-'0 ~0\O vl) flV\~ 00 ATTACHMENT 0 PRELIMINARY PROJECT SKETCH r~ 0, ,~~/ //' /~/ \ / 'let) /. ;:/ ~V Af^OO~~ ;~? / '~~\-%~ ~'\o.;:. \ \'F0 -;/ _j~~/ 9- \~ ~ ~\ ...o~~ ,~oJ>' "~\' o...\JY- / \ \.;:->/ y-,\l-' (, \\S / /" 'iCJ)) / \ ,)iL\~ v' /(101i''J ~/\) ~\ c-\\ (\ .' ~~//;/~,S,~ \~, \\ \\d ~<>/ CC ,:;/ . \~ \~~ \ ~~ l/ .n'~'1.~.<'/ ~ \9, \ \/~/ V;// \ :> / / / //\\/// ,// ,,2\* /~/ ----, \ \2' / (II \}~ / I \ \ ~,/ nlft;if/:/O I \ \../>/ i1\.i\~'";/ // , \ r y/ I '-i\ /// I i '1 /-- // '_' \,,-,f' \\ ) \\.// \ /' / (/ / / ':::v ,,/ ~V-~ CP" ' / ....... ~~ ~'J'\O~ /./. vl '''1\'v:B~0(jv -0~~%/ -.,N:2-;>JI. ./ '~/ / 4 '(;,,~ "I' ",,"i / // V ('\ ,,/P'y ~co / '-.., \~/// ',;,otl / " ~ ./'" \ '\ /' #)) 7<--- f# I( ~ / " \ \v/'/ ,/ / .. / '{\'I-";./ (; / ~ \l1\\-"" ,\ott-' 00 601., / ~"'" rJ'<?'(fJr!l<fo0 *'/lp;; \~ '-,V j '---./ .~ /' ...-.-.-.../. o LEGEND t NTS )::( CULVERT REPLACEMENT - RECOMMENDED DETENTIOI ('\ -- RECOMMENDED CHANNEL CONSTRUCTION OR RECONSTRUCTION _.._._._.- EXISTING S\J ALE, DITCH OR CREEK Revised June 26, 2006 .("1 MEADOWS DETENTION BASIN AND DRAINAGE IMPROVEMENTS, JOB NO. 0412 ITEM APPROXIMATE DESCRIPTION WITH UNIT PRICE TOTAL NO. QUANTITY UNIT PRICE IN NUMBERS AMOUNT WRITTEN IN WORDS FOR BID ITEM 1 1 LS Clearing and Grubbing for Sixty-Nine Thousand Five Hundred Dollars and No Cents Dollars Per Lump Sum , $ 69,500.00 $ 69,500.00 2 3 EA Stabilized Construction Entrance . . for One Thousand Four Hundred Fifteen Dollars and No Cents Dollars Per Each $ 1,415.00 $ 4,245.00 3 1 LS Linear Grading for One Hundred Thirty-Six Thousand Dollars and No Cents Dollars Per Lump Sum $ 136,000.00 $ 136,000.00 4 14,625 CYS Berm Earthwork for Thirteen Dollars and No Cents Dollars Per Cubic Yard $ 13.00 $ 190,125.00 5 116 TONS HMA Surface, Type 'B', Complete for Fifty-Two Dollars and No Cents rl" Dollars . Per Ton $ 52.00 $ 6,032.00 6 347 TONS HMA Intermediate, Type 'B', Complete for Fifty Dollars and No Cents Dollars Per Ton $ 50.00 $ 17,350.00 7 1,050 TONS Type '0' Compacted Aggregate Base Size No. 53 for Twenty-One Dollars and No Cents Dollars Per Ton $ 21.00 $ 22,050.00 8 1 LS Concrete Overflow Structure, Complete for Nine Thousand Five Hundred Dollars and No Cents Dollars Per Lump Sum $ 9,500.00 . $ 9,500.00 9 125 SYS 12" Hand-Laid Riprap, Grouted for Forty-Four Dollars and No Cents Dollars Per Square Yard $ 44.00 $ 5,500.00 10 3,155 TONS Indiana No.2 Stone, in Berm for Eleven Dollars and No Cents Dollars ,E", Per Ton $ 11.00 $ 34,705.00 ~..~ydrq \wpJoc,," \04 \0412 \ "F<x;ifico!io;", \quanfilie",J~ \OU,ANrtrfE5 A-20G ~..~yJnq \wpJoc~ \04- \04-12 \~p-:ci{;caljo".-' \4uanlili<:~.xI~ \OUlNltrlt5 A-207 Revised June 26, 2006 MEADOWS DETENTION BASIN AND DRAINAGE IMPROVEMENTS, JOB NO. 0412 ITEM APPROXIMA TE DESCRIPTION WITH UNIT PRICE TOTAL NO. QUANTITY UNIT PRICE IN NUMBERS AMOUNT WRITTEN IN WORDS FOR BID ITEM 20 16 LIT 12" RCP, Class III for One Hundred Ten Dollars and No Cents Dollars Per Linear Foot ' $ 110.00 $ 1,760.00 21 100 LFT PVC Pipe Extensions for Twenty-Five Dollars and No Cents Dollars Per Linear Foot $ 25.00 $ 2,500.00 22 150 LFT 12" PVC Force Main, DRI8, with Fittings, Restrainers for Eighty Dollars and No Cents Dollars Per Linear Foot $ 80.00 $ 12,000.00 23 120 LFT W Beam (Steel) Guardrail for Forty Dollars and No Cents Dollars Per Linear Foot $ 40.00 $ 4,800.00 24 2 EA Guardrail Curved Tenninal End Section (i for . Thirty-One DoUars and No Cents Dollars Per Each $ 31.00 $ 62.00 25 29,950 SYS Seeding for No Dollars and Thirty-Two Cents Dollars Per Square Yard $ 0.32 $ 9,584.00 26 1,900 SYS Sodding for Two Dollars and Eighty-Five Cents Dollars Per Square Yard $ 2.85 $ 5,415.00 27 5,700 LFT Erosion Control Silt Fence, Complete for Three Dollars and No Cents Dollars Per Linear Foot $ 3:00 $ 17,100.00 28 1 LS Traffic Control, Signs, Barricades, Complete for Five Thousand Dollars and No Cents Dollars Per Lump Sum $ 5,000.00 $ 5,000.00 rh e;:e;yJney \..place; \0.1 \0.112 \e;pxiFicalione; \quanli/ie",.xI", \OUJNnnE5 A-208 Revised June 26, 2006 r, MEADOWS DETENTION BASIN AND DRAINAGE IMPROVEMENTS, JOB NO. 0412 ITEM APPROXIMATE DESCRIPTION WITH UNIT PRICE TOTAL NO. QUANTITY UNIT PRICE IN NUMBERS AMOUNT WRITTEN IN WORDS FOR BID ITEM 29 642 TONS Repave Crum's Lane, 110 #/SY IDv1A Surface, including Tack Coat for Fifty-Two Dollars and No Cents Dollars Per Ton $ 52.00 $ 33,384.00 30 3,111 SYS Mil14' Strip at Each Pavment Edge on Crum's Lane Prior to Paving for Three Dollars and Fifty Cents Dollars Per Square Yards $ 3.50 $ 10,888.50 31 1 LS Chain Link Gate, Complete for Six Thousand Eight Hundred Dollars and No Cents Dollars Per Lump Sum $ 6,800.00 $ 6,800.00 32 1 LS Construction Engineering (Stake-Out), Complete for Eighteen Thousand Dollars and No Cents Dollars Per Lump Sum $ 18,000.00 $ 18,000.00 fh 33 60 LFT 70" Dia. Steel Casing, bored under CSX Railroad Tracks for One Thousand Nine Hundred Ninety-Nine Dollars & No Cnts Dollars Per Linear Foot $ 1,995.00 $ 119,700.00 34 64 LFT 54" RCP, Class III, jacked inside 70" steel casing for Two Hundred Twenty Dollars and No Cents Dollars Per Linear Foot $ 220.00 $ 14,080.00 35 8,014 CYS Berm Key Way and Undercut Excavation, complete, including grading and seeding of waste area for Fourteen Dollars and No Cents Dollars Per Cubic Yard $ 14.00 $ 112,196.00 SUMMATION OF ITEMS 1 THROUGH 35 = TOTAL BID PRICE = $ 1,192,327.00 One Million One Hundred Ninety-Two Thousand Three Hundred Twenty-Seven Dollars and No Cents Dollars r> Addendum No.1 (Dated June 14,2006) Addendum No.2 (Dated June 26, 2006) We Acknowledge Receipt of: <>,<>ydrq \wpdoc<> \ 04- \04-12 \<>r:=i!icaliol1:> \quarrlilie<>,,j<> \ OU/'NIrnE5 A-209