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HomeMy WebLinkAboutNorth Pump Stations Project Preliminary Engineer's Report \\� BERNARDIN • LOCHMUELLER & ASSOCIATES, INC. 3502 Woodview Trace • Suite150 Indianapolis, IN 46268 PHONE 317.222.3880 • TOLL FREE 888.830.6977 • FAX 317.222.3881 An Agreement for the Provision of Limited Professional Services Date: August 30, 2011 BLA Project No: 2110046 -OWW Client: City of Jeffersonville — Sewer Board Attn: Len Ashack, Utility Director 500 Quartermaster Court, Suite 104 Jeffersonville, Indiana 47131 Project Name /Location: North Pump Stations Project Preliminary Engineer's Report (PERI Scope /Intent and Extent of Services: Per Attachment "A" attached to this Agreement and made an integral part hereof. Fee Arrangement: BLA shall receive compensation in the amount of a lump sum fee of $25,000.00 for providing the services as set forth in Attachment "A ", attached to this Agreement and made an integral part hereof. Schedule: The project schedule, based on obtaining a notice to proceed the first week in September, 2011, shall be as follows: 1.0 The Draft PER shall be submitted at the second meeting of the BOARD in October 2011, or as otherwise agreed upon by both parties. 2.0 The Final PER shall be submitted at the first meeting of the BOARD in December 2011, or as otherwise agreed upon by both parties. 3.0 The Public Hearing date shall be set by the Board spedat Conditions: Board shall provide BLA with the information and services set forth in Attachment "B ", attached to this Agreement and made an integral part hereof. THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF. PLEASE RENEW THEM CAREFULLY. ,Offered Loch yLlelle nd Associates, Inc. Accepted by City of - • nv'lle Sewer Board / 4</ Carl D. Camacho, P.E., Managing Director Signature J Jthl T 4 ( g P // Date Printed Name and Title Date .. /./color u, +.r oat xxau naf.u. ,w."ar>x>,c>reanao„oo: • TERMS AND CONDITIONS Bernardin, Lochmueller and Associates, Inc. (8Lt) shall perform the services outlined in this agreement for the stated fee arrangement. Access To Site: Unless otherwise stated, BLA will have access to the site for activities necessary for the performance of the services. BLA will take precautions to minimize damage due to these activities. but has not included in the fee the cost of restoration of any resulting damage. Dispute Resolution: Any claims or disputes made during design, construction or post - construction between the Client and BLA shall be submitted to non-binding mediation. Client and BLA agree to include a similar mediation agreement with all contractors, subcontractors, subconsultants, suppliers and • fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. Should client and BLA fail to resolve their dispute by mediation, they agree that jurisdktion for any litigation concerning such dispute shall be in a federal or state court situated in Vanderburgh County. Indiana, subject to applicable law. Blllings /payments: Invokes for BLA's services shall be submitted, at BLA's option, either upon completion of such services or on a monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days, BLA may, without waiving any claim or right against the Client, and without liability whatsoever to the Client terminate the performance of the service. Late Payments: Accounts unpaid 45 days after the invoke date may be subject to a monthly service charge of 1.0% on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing. the Client shall pay all costs of collection, Including attorney's fees and all court costs. Certifications: Guarantees and Warranties: BLA shall not be required 10 execute any document that would result in its certifying, guaranteeing or warranting the existence of conditions whose existence BLA cannot ascertain. Any opinions or probable project costs or construction costs rendered by BLA represent its best judgment and are furnished for general guidance only. BLA makes no warranty, either express or implied, as to the accuracy of such opinions as compared to bid or actual costs. BLA warrants only that it will use that degree of care and skill ordinarily exercised under similar conditions by the engineering profession practicing in the same or similar locality. No other warranty, express or implied, is made or intended by this Agreement. Responsibility for Claims: In recognition of the relative risks, rewards and benefits of the project to both the Client and BLA, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, BLA's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed the amount of BLA's total compensation for services paid and received by BLA under this agreement. Such causes include, but are not limited to BLA's negligence, errors, omissions, or breach of contract. BLA shall not be responsible for the means, methods and techniques of the construction contractor In the prosecution of its work nor for the construction contractor(s)' and their subcontractors safety programs, training or compliance with safety requirements of any federal or state agency. Subcontractors: If MA has been asked by the Client to subcontract certain geotechnical, architectural, survey or laboratory testing services on behalf of the Client, BLA agrees to do so only as an accommodation to the Client and in reliance upon the Client's assurance that the Client will make no claim to bring any action at law or In equity against BLA as a result of this subcontracted service. The Client understands that 81A is neither trained nor knowledgeable in the procedures or results of the subcontractor's services and the Client shall not rely upon 81A to check the quality or accuracy of their services. In addition, the Client agrees to the fullest extent permitted by law to indemnify and hold BLA harmless from any damage, liability or cost (including attorneys' fees and costs of defense) arising from the services performed by this subcontractor except only those damages. liabilities or costs caused by the sole negligence or willful misconduct of BLA. • Termination of Services: The Agreement may be terminated by the Client or BLA. In the event the Agreement is terminated, the CLIENT shall pay BLA for all services rendered to the date of termination including all reimbursable expenses and reimbursable termination expenses. Ownership of Documents: All reports, drawings, specifications, computer files. field data notes and other documents and instruments prepare by BU os instruments of service shotl remain the properry of 81A. 81A shall retain all common law, statutory and other reserved rights, including, without limitation, the copyrights thereto. wv sswsowrr. Kiln Wier WIwr wCInVOMea ATTACHMENT "A" SERVICES BY CONSULTANT 1.0 PROJECT DESCRIPTION The PROJECT shall consist of creating a Preliminary Engineering Report (PER) in State Revolving Fund (SRF) format to include construction improvements to the Pleasant Run Pump Station and Force Main and the Liters Pump Station and Force Main entitled "North Pump Stations Improvements." Jacobi, Tombs, and Lanz (JTL) will provide technical engineering services for aiding in the compilation of the PER. Services performed by JTL will be conducted under a separate Agreement with the BOARD. 2.0 SCOPE OF SERVICES 2.1 Data Collection The CONSULTANT shall: 2.1.1 Utilize information provided at the project kick -off meeting with the BOARD representatives which shall include project objectives and goals, scope of project, project schedule and milestones. 2.1.2 Review copies of the existing March 2009 PER. Review flow data that has been gathered since the flow meters were installed on pump stations. Request additional information from the BOARD as required. 2.1.3 Review available topographic and geological survey information of the proposed pump station site and force main route. 2.2 PER Compilation The CONSULTANT shall provide a complete PER in SRF format which shall include the following chapters: 2.2.1 Executive Summary The Executive Summary Chapter shall: 2.2.1.1 Provide Executive Summary 2.2.1.2 Summarize the evaluation of the alternatives considered. CITY OF JEFFERSONVILLE, INDIANA Page 1 of 4 ATTACHMENT "A" W r\ hmtire \Coatrac.\711DY164effetsonvIIIe. North WPM PER Apr 10 CtyG43C11.coc 211-0046-0WW 2.2.1.3 Summarize the analysis of sustainable infrastructure /green initiatives (SI /GI) alternatives. 2.2.2 Current Situation (Chapter 2) The Current Situation Chapter shall: 2.2.2.1 Summarize existing flows that will be directed to the North WWTP from the Pleasant Run Pump Station and Liters pump Station based on the information contained in the March 2009 PER and any additional information provided by the City. 2.2.2.1 JTL will provided additional data and analysis as necessary under a separate agreement. 2.2.3 Future Situation (Chapter 3) 2.2.3.1 The Future Situation Chapter shall discuss the proposed future flows to the North WWTP that will be directed from the Pleasant Run Pump Station and the Liters Pump Station. 2.2.3.2 JTL will provided additional data and analysis as necessary under a separate agreement. 2.2.4 Evaluation of Alternatives (Chapter 4) 2.2.4.1 The evaluation of Altemative will include, at a minimum, the No Action Alternative, and one pump station and force main route. If SFR requires, one additional pump station and force main route alternative will be included in the report. 2.2.4.1 JTL will provide the engineering analysis for the alternatives. Bernardin, Lochmueller, and Associates will review the analysis provided and with review for compatibility with the North WWTP design. 2.2.5 Environmental Impacts (Chapter 5) The environmental impacts chapter will include all categories required by SRF as follows: 2.2.5.1 Disturbed and Undisturbed Land CITY OF JEFFERSONVILLE, INDIANA Page 2 of 4 ATTACHMENT "A" wma ntinr\Contract\2110046\$effer,OnW e. North WIMP PER Agr t0 City 0B3011.Ctt 211-0046.0W W 2.2.5.2 Historic, Architectural, and Archeological 2.2.5.3 Wetlands 2.2.5.4 Surface Waters 2.2.5.5 Groundwater 2.2.5.6 100 -year Floodplains and Floodways 2.2.5.7 Plants and Animals 2.2.5.8 Prime Farmland and Geology 2.2.5.9 Air Quality 2.2.5.10 Open Space and Recreational Opportunities 2.2.5.11 Lack Michigan Coastal Program 2.2.5.12 National Natural Landmarks 2.2.5.13 Induced Impacts 2.2.5.14 Mitigation Measures 2.2.5.15 Geological Features of the Project Site 2.2.6 Selected Plan (Chapter 6) The Selected Plan Chapter shall: 2.2.6.1 Provide a cost summary for the selected Pump Station and Force Main project. JTL will provide cost summary data, BLA will create tables for inclusion in the PER. 2.2.6.2 Create a Design Summary for the Project 2.2.6.3 Create a project schedule to include listed milestones in the PER 2.2.6.4 Create Pump Station Layout and Force Route Figures for proposed selected project. JTL will provide base maps and BLA will finalize figures for inclusion In the PER. 2.2.6.5 Include a section to incorporate the SI /GI checklist and documentation as an appendix to the PER. CITY OF JEFFERSONVILLE, INDIANA Page 3 of 4 ATTACHMENT "A" W :W¢ning \ Contract \2110046 le. Nort01W /IP PER Pgr toGry 093011.doc 2110046 W 3.0 PROJECT ADMINISTRATION The CONSULTANT shall provide project administration services as follows: 3.1.1 Submit a draft of the Revised PER to the BOARD for review and comment and a Final PER update including the North WWTP for the City of Jeffersonville. 3.1.2 Coordinate and conduct meetings between the CONSULTANT and representatives of the BOARD on biweekly basis or as requested by the BOARD to discuss progress of the CONSULTANT. 3.2.1.1 Attend one (1) public hearing. 3.2.1.2 Coordinate and manage sub - consultant services, if required. 4.0 ELECTRONIC MEDIA The PER and Figures for this project shall be provided to the BOARD in printed format on paper and electronically in Adobe© Portable Document Format (PDF). 5.0 CONSULTANT REPRESENTATIVE The CONSULTANT representative for the project shall be Jeff DeWitt, P.E., BCEE, who shall serve as the single - point -of- contact to receive instructions and information and make decisions on matters relating to the services. Jeff DeWitt, P.E., BCEE shall not be replaced as the project representative unless an alternate representative is approved in writing by the BOARD. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] CITY OF JEFFERSONVILLE, INDIANA Page 4 of 4 ATTACHMENT "A" Vl: Wttnting \Contratt12110346Veffersoivilic • Nonh WV:I P PERA!r to C ty 083011.do 211-0046-OWVd ATTACHMENT "B" INFORMATION AND SERVICES TO BE FURNISHED BY THE BOARD The BOARD shall furnish and at its own expense, perform the following in a timely manner so as not to delay the services of the CONSULTANT: 1.0 Information /Reports Provide CONSULTANT with reports, studies, preliminary design plans, site characterizations, regulatory decisions and similar information relating to the Services that CONSULTANT may rely upon without independent verification unless specifically identified as requiring such verification. 2.0 Representative Designate a representative for the project who shall have the authority to transmit instructions, receive information, interpret and define the BOARD's requirements and make decisions with respect to the Services. The BOARD's representative shall be Len Ashack, Utility Director, Jeffersonville Wastewater Department. 3.0 Decisions Provide all criteria and full information as to the BOARD's requirements for the Services and make timely decisions on matters relating to the Services. 4.0 Site Access Assist CONSULTANT with obtaining access approval to the site from the River Ridge Development Authority for the purposes of site surveys, geotechnical investigations and existing process and equipment inspections. CITY OF JEFFERSONVILLE, INDIANA Page 1 of 1 ATTACHMENT "6" N`\ Lcc r,r g \Contmct\7I1c066 \IMferfonvole. North WWII' PERAer to Cqy 0830110oc 2110046 -0W W