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HomeMy WebLinkAboutStormwater Master Plan Professional Services Proposal • 7 Jacobi, Toombs & Lanz, Inc. Consulting Engineers & Land Surveyors May 11, 2011 Mx. Bruce Wright, President City of Jeffersonville Drainage Board 500 Quartermaster Court Jeffersonville, IN 47130 ATTENTION: Andy Crouch, P.E. City Engineer Deb Ashack City Stormwater Coordinator RE: STORMWATER MASTER PLAN PROFESSIONAL SERVICES PROPOSAL Dear Mx. Crouch and Mrs. Ashack: Jacobi, Toombs and Lanz, Inc. (JTT) is pleased to provide this proposal to augment the Professional Engineering and Planning Services Proposal to prepare and update the City's Stormwater Master Plan that the selected lead Consultant, Christopher B. Burke Engineering, Ltd. (CBBFI), is submitting. JTL, by being the local firm, brings forth many attributes that will complement and enhance CBBR 'S expertise in Stormwater Master Planning. These include. 1. Institutional knowledge. Information of where known problems exist. What problems have been resolved, what is important to the Drainage Board and City Leaders, knowledge of the terrain. 2. Ability and local manpower to collect pertinent field data and other information. 3. Participation and presence in public meetings that will add validation to the program due to our local familiarity and reputation. 4. Knowledge of local construction practices and costs. JTL has an extensive database of regional construction prices. 5. Knowledge of local codes, rules and regulations that could affect the proposal problem solutions. 120 Bell Avenue 1060 N. Capitol Avenue, Ste Ii360 1400 Routh 1 Street Clarksvilk, 0447129 Indianapolis, IN 46+.04 Louisville, KY 40208 812.288-6666 317429.3474 502- 583 -5994 812-2884656 Fax 317429.3473 Fax 502- 583 -7321 Fax Clarksville, kV • Indianapolis. 1. • Louisville, KY wwly jtleng.com Ph` +e wrrxx.s \::\ iasa.re i emr-Hr. 6. Provide Qa /Qc for design solutions to identified problems. Our Firm has been in conversations and coordinating the Scope of Work with CBBEL, and we are in full agreement with the two -phase approach that they have proposed. Based on the tasks outlined in this approach, JTL proposes to assist and work with CBBEL to assure the successful completion of this project as follows: PHASE t PROBLEM IDENTIFICATION & PRIORITIZATION Task IA: Workplan Development and Project Kick -off Meeting • Participation in Workplan Development — provide guidance on effective methods to engage public /stakeholders and coordination with City staff and Drainage Board Task IB: Inventory Development and Problem Identification IB -1 Background Research and Information Gatherin • Review pertinent local (City and neighboring jurisdictions) reports, attract essential data, editorialize based on JTT. experience and summarize for inclusion in the SWMP • Assist with information gathering/interpretation from Project Team, Drainage Board, City Departments, and public /stakeholders • Investigate drainage complaints and field verify issues identified by Project Team, Drainage Board, City Departments, and public /stakeholders 1 B -2 Data Analysis and Field Ines ' tion • Gather existing or collect /inventory local data for 1IEC HMS, HEC RAS, or other modeling efforts. 111-3 Problem Identification and Establishing Project Coals • Provide guidance on selection criteria and priorities for the City 1B-4 Identification and Prioritization of Potential Solutions • Assist with determination of general feasibility of potential solutions • Assist with selecting promising solutions and priority areas 1B -5 Summery of Findings and interim Report • Provide technical review of Interim Report PHASE 2: DETAILED ANALYSIS & DEVELOPMENT OF REPORT Task 2A: Detailed Analysis and Development of Recommended Plan 2A -1 Detailed /Analysis of Prioritized Promising Solutions • Gather existing or collect /inventory local data needed to for detailed analysis (HEC -HMS, HEC -RAS, or other modeling efforts) • Review detailed analysis of promising solutions prepared by CBBEL • Complete detailed analysis of one or more promising solutions (CBBEL. review) • Assist with analysis and prioritization 2A -2 Selection of Recommended Plan Components • Assist with development of recommended plan components 2A -3 Evaluation of Funding Sources and Financing Mechanisms • Gather data on local funding mechanisms and success of funding history for projects Task 2B: Prepare Master Plan Report • Provide technical review and assist with addressing comments of the Initial Draft Final Draft and Final Version of SVIIN•fP We propose that we be compensated for our pottion of the work on a time and material basis, in accordance with our current hourly billing rates, with a total cost of not -to- exceed seventy four thousand dollars ($74,000.00). Attached please find a copy of our Floury Billing Rate Schedule, and our Terms and Conditions, which we have used historically on all our contracts with the City. We appreciate thc opportunity to be a part of the project team on this work. If this proposal is acceptable, please have Bruce Wright, thc Drainage Board president, sign the acceptance statement below, which will also serve as out Notice to proceed with the work. Sincerely, COBI, TOOMB:: ANZ, INC- f O - i. II. nz, '.E.• s ident This Proposal, F.stimated Fees, Hourly Billing Rate Schedule, and Terms and Conditions are accepted by: Jeffersonville Drainage Board 6-7-// nice W - , t Date Ali i '' n it ATTLJT: Scott /wis, Attorney Date JACOBI, TOOMBS AND LANZ, INC. 2011 HOURLY BILLING RATES December 22, 2070 CODE CLASSIFICATION STANDARD ASSIFICATION HOURLY RATE* PR PRINCIPAL 140.00 PM3 PROJECT MANAGER III 120.00 PM2 PROJECT MANAGER 11 115.00 PM1 PROJECT MANAGER 1 100.00 E5 ENGINEER V (PE) 120.00 E4 ENGINEER IV (PE) 115.00 E3 ENGINEER III (PE) 100.00 E2 ENGINEER II (PE) 90.00 El ENGINEER 1 (PE) 80.00 ET4 ENGINEERING TECH IV (EIT) 75.00 ET3 ENGINEERING TECH III (EIT) 65.00 ET2 ENGINEERING TECH 11 55.00 ETI ENGINEERING TECH I 45.00 GM GIS MANAGER 110.00 GT2 GIS TECHNICIAN II 72.50 -- GT1 GIS TECHNICIAN I 60.00 CT3 CAD TECH III (DESIGNER) 67.50 CT2 CAD TECH II 60.00 CT1 CAD TECH I 50.00 SM SURVEY MANAGER 110.00 LS LAND SURVEYOR (LS) 77.50 SC SURVEY CHIEF 55.50 ST2 SURVEY TECHNICIAN II 50.50 ST1 SURVEY TECHNICIAN I 42.50 FC2 2 -MAN SURVEY CREW 106.00 FC3 3 -MAN SURVEY CREW 148.50 RCM RESIDENT CONSTRUCTION MANAGER 75.00 RP RESIDENT CONSTRUCTION REPRESENTATIVE 62.50 RI RESIDENT INSPECTOR 60.00 ADM ADMINISTRATIVE ASSISTANT 70.00 CL CLERICAL 40.00 LAS LAND ACQUISITION SPECIALIST 60.00 GPS GPS 50.00 RTS ROBOTIC TOTAL STATION EQUIPMENT 50.00 EXP MILEAGE: PER MILE 0.40 • Ovevt/me wilt be charged at 125 times the regular billing rate. " ferW,ig as an expert wimeyr to /ega /proceedings will be (hatred at 2 times the regular (e /ling rote. There trier may be a4Juned on an annual basis as requited by economic factors at the discretion of Jacobi. Toombs and anz, Inc. t Jacobi, Toombs and Lanz, Inc. Terms & Conditions Services Jacobi, Toombs and Lanz, Inc. (JTL) will • Reimbursable expenses are defined as actual perform services for the Client with these Teims & expenses incurred in connection with the Project. Conditions. JTL has developed the Project scope of Payment Terms JTL shall submit monthly invoices service, schedule. and compensation based on for services performed and Client shall pay the full available information and various assumptions. The invoice amount within 30 days of the Invoice date. Client acknowledges that adjustments to the schedule Invoices will be considered correct if not questioned in and compensation may be necessary based on the writing within 10 days of the invoice date. JTL shall be actual circumstances encountered by JTL in entitled to a 2% per month administrative charge in performing their services. the event of payment delay. Client payment to JTL is Authorized Representatives The officer assigned to not contingent on arrangement of project financing. the Project by JTL is the only authorized Invoice payment delayed beyond 60 days shall give representative to make decisions or commitments on JTL the right to stop work until payments are current. behalf of JTL. The Client shall designate a Non - payment beyond 70 days shall be just cause for representative with similar authority termination by JTL. Project Requirements The Client shall confine the Additional Services The Client and JTL objectives. requirements, constraints, and criteria for acknowledge that additional services may be the Project at its inception. If the Client has necessary for the Protect to address issues that may established design standards, they shall be fumished not be known at Project initiation or that may be to JTL at Project inception. JTL will review the Client required to address circumstances that were not design standards and may recommend alternate foreseen. In that event, JTL shall notify the Client of standards considering the standard of care provision. the need for additional services and the Client shall Site Access The Client shall obtain all necessary pay for such additional services in an amount and approvals for JTL to access the Project site(s). manner as the parties may subsequently agree. Period of Service JTL shall perform the services for Independent Consultant JTL shall serve as an the Project in a timely manner consistent with sound independent consultant for services provided under professional practice. JTL will strive to perform its this agreement. JTL shall retain control over the services according to the Project schedule set forth in means and methods used in performing their services Attachment C. The services of each task shall be and may retain subconsultants to perform certain considered complete wtien deliverables for the task services as determined by JTL. have been presented to the Client. JTL shall be Standard of Care Services provided by JTL will be entitled to an extension of time and compensation performed with the care and skill ordinarily exercised adjustment for any delay beyond JTL control. by members of the same profession practicing under Compensation In consideration of the services similar circumstances. JTL will not be liable for the performed by JTL. the Client shall pay JTL in the cost of any omission that adds value to the Project. manner set forth in Attachment 8. The paroles Compliance with Laws JTL shall perform its services acknowledge that terms of compensation are based consistent with sound professional practice and on an orderly and continuous progress of the Project. endeavor to incorporate laws, regulations. codes, and Compensation shall be equitably adjusted for delays standards applicable at the time the work is or extensions of time beyond the control of JTL. performed. In the event that standards of practice Payment Definitions The following definitions shall change during the Project, JTL shall be entitled to apply to methods of payment: additional compensation where additional services • Salary cost is defined as the individuals base are needed to conform to the standard of practice. salary plus customary and statutory benefits. Permits and Approvals JTL will assist the Client in Statutory benefits shall be as prescribed by law preparing applications and supporting documents for and customary benefits shall be as established the Client to secure permits and approvals from by JTL employment policy. agencies having jurisdiction over the Project. The • Cost plus Is defined as the individuals base Client agrees to pay all application and review fees. salary plus actual overhead plus professional fee. Ownership of Documents Documents prepared by Overhead shall include customary and statutory JTL for the Project are instruments of service and benefits, administrative expense, and non - project shall remain the property of JTL. Record documents operating costs. of service shall be based on the printed copy. JTL will • Lump sum is defined as a fixed price amount for furnish documents electronically. however the Client the scope of services described. releases JTL from any liability that may result from • Standard Rates is defined as individual time documents used in this form. JTL shall not be held liable for reuse of documents for any purpose other multiplied by standard billing rates for that than those intended under the Project. individual. Insurance JTL will maintain the following insurance • Subcontracted services are defined as Project and coverage limits during the period of service. The. related services provided by other parties to JTL Client will be named as an additional insured on the Commercial General Liability and Automobile Liability vnep "TDOCS> a3Cmdnicas a policies. 1 Terms & Conditions Rev 10/271t Consequential Damages Neither the Client nor JTL Worker's Comnensadon 5500,000 per Accident shall be liable to the other for any consequential and $500.000 Policy Limit damages regardless of the nature or fault. Commercial General $1,000,000 per Environmental Matters The Client warrants they Liability occurrence (bodily injury have disclosed all potential hazardous materials that including death & may be encountered on the Project. In the event unknown hazardous materials are encountered, JTL property damage) shall be entitled to additional compensation for $2,000,000 aggregate appropriate actions to protect the health and safety of Automobile Liability S1,000,000 combined its personnel, and for additional services required to single limit for bodily comply with applicable laws. The Client shall injury indemnify JTL from any claim related to hazardous and property damage materials encountered on the Project except for those an Professional Liability and property events caused by negligent acts of JTL. and 0 in .00 each aggregate claim Cost Opinions JTL shall prepare cost opinions for the Project based on historical information that represents the judgment of a qualified professional. The Client shall make arrangements for Builder's The Client and JTL acknowledge that actual costs Risk, Protective Liability, Pollution Prevention, and may vary from the cost opinions prepared and that other specific insurance coverage warranted for the JTL offers no guarantee related to the Project cost. Project in amounts appropriate to the Project value independent Counsel The Client agrees to obtain and risks. JTL shall be a named insured on those independent legal arid financial counsel for the policies where JTL may be at risk. The Client shall Project considering JTL does not fumish these obtain the counsel of others in setting insurance limits services. for construction contracts. Contingency Fund The Client acknowledges the Waiver of Subrogation JTL shall endeavor to obtain potential for changes in the work during construction a waiver of subrogation against the Client, If and the Client agrees to include a contingency fund in requested in writing by the Client, provided that JTL the Project budget appropriate to the potential risks will not Increase its exposure to risk and Client will and uncertainties associated with the Project. JTL pay the cost associated with any premium increase or may offer advice concerning the value of the special fees. contingency fund; however. JTL shall not be liable for indemnification JTL shall indemnify the Client from additional costs that the Client may incur beyond the any reasonable damages caused solely by the contingency fund they select unless such additional negligent act, error, or omission of JTL in the cost results from a negligent act, error, or omission perfommance of services under the Project. If such related to services performed by JTL. damage results in part by the negligence of another Contractor Selection JTL may make party, JTL shall be liable only to the extent of their recommendations oonceming award of construction proportional negligence. contracts and products. The Client ack ovAedges Limitation of Liability In recognition of the relative that the final selection of construction contractors and risks and benefits of the project to both the Client and products is their sole responsibility. JTL, the risks have been allocated. The Client agrees Shop Drawing Review If included in the scope of to limit the liability of JTL for all claims related to the service, JTL shall review shop-drawing submittals Project at 550,000 or the net income realized by JTL from the contractor solely for their conformance with for the Project, whichever is greater. the design intent of and performance criteria specified Third Party Claims The Client will compensate JTL for the Project. JTL shall not be liable for the for services performed in defense of any third party performance of or consequential damages of any claim unless the claim resulted from the negligent act, equipment furnished by the contractor under the error or omission of JTL. Project. Legal Expense In the event that either party takes Construction Review If included in the scope of legal action against the other that is not prosecuted, is service, JTL shall observe the progress and content dismissed, or if the decision is rendered for the other of the work to detemiinee if the work is proceeding In party, the party taking legal action agrees to pay the general accordance with the Contract Documents. other their attorney fees, court costs, and defense This construction review is intended to observe, expenses within 30 days of the court action. document, and report information concerning the Lien Rights JTL may file a lien against the Client's construction process. Observation of work at the property in the event that the Client does not make Project site shall not make JTL responsible for the payment within the time prescribed in this agreement. work performed by another party. the means, The Client agrees that services by JTL are considered methods, techniques, sequences, or procedures property improvements and the Client waives the right selected by another party, nor the safety precautions to any legal defense to the contrary. or programs of another party. n \Rmuand Coolecasdm 2 Terms & Conditions Rev 10/271( Rejection of Work JTL may reoommend that the Governing Law The terms of agreement shall Client reject work by construction contractors that be governed by the laws of the state where the does not conform to the requirements of the Project. services are performed provided that nothing Safety JTL shall be responsible solely for the safety contained herein shall be interpreted in such a precautions or programs of its employees and no manner as to render it unenforceable under the other party. laws of the state in which the Project resides. Infomration from Other Parties The Client and JTL acknowledge that JTL will rely on information Assignment Neither party shall assign its rights, furnished by other parties in performing its services interests or obligations under the Project without under the Project. JTL shall not be liable for any the express written consent of the other party. damages that may be incurred by the Client in the use Waiver of Rights The failure of either party to of third party information. enforce any provision of these terms and Construction Record Drawings If included in the conditions shall not constitute a waiver of such scope of service, JTL will deliver drawings to the provision nor diminish the right of either party to Client incorporating information furnished by the remedies of such provision. construction contractors. In that construction record drawings are based on information provided by Warranty JTL warrants that they will deliver others, JTL cannot and does not warrant their products under the Project within the standard of accuracy. care. JTL provides no other expressed or Form Majeure Neither party will hold the other implied warranty. responsible for damages or delay caused by Acts of Severability Any provision of these terms later God. acts of war. strikes, accidents, or other events held to violate any law shall be deemed void and beyond the other's control. all remaining provisions shall continue in force. Dispute Resolution The Client and JTL agree that In such event, the Client and JTL will work in they shall diligently pursue resolution of as good faith to replace an invalid provision with disagreements within 45 days of either party's written one that is valid with as close to the original notice using a mutually acceptable form of mediated dispute resolution prior to exercising their tights under meaning as possible. law. JTL shall continue to perform services for the Survival All provisions of these terms that Project and the Client shall pay for such services allocate responsibility or liability between the during the dispute resolution process unless the Client and JTL shall survive the completion or Client issues a written notice to suspend work. termination of services for the Project. 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 terns for the Project. Term /nation The Client or JTL may terminate services on the Project upon thirty (30) days written notice with or without cause. 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. A'ysys vswponl ,,\uo]U \YLnandf[ iU4 s4C 3 Terms 8 Conditions Rev 10/271(