HomeMy WebLinkAboutLentzier Creek Pump Station (2) LENTZIER CREEK PUMP STATION, GRAVITY INTERCEPTOR & FORCE MAIN
DESIGN PROJECT
Agreement For Professional Engineering Services
Surveying, Design & Construction Supervision
Jeffersonville, Indiana
This is an agreement made as of this 1 5"' day of September 2011, between The City of Jeff ersonv ilia,
Indiana, acting thru its duly appointed Sewer Board (OWNER) and Jacobi, Toombs, and Lanz, Inc.
(CONSULTANT) a firm of Professional Engineers, Surveyors and GIS Specialists.
WHEREAS, OWNER wishes to retain the CONSULTANT to provide certain Professional Engineering
Services. The CONSULTANT agrees to undertake and perform these services (WORK) as may be
requested by the OWNER, all in accordance with the terrns and conditions contained herein.
The WORK to be performed. the schedule for performance, and the compensation due the
CONSULTANT shall be described in and attached hereto as Attachment B.
The scope of the Professional Engineering Services that the CONSULTANT will perform under this
agreement is described in Attachment A. CONSULTANT agrees to perform these services as required
and described in Attachment B, invoiced to the OWNER as described in Attachment B and in accordance
with Attachment C, and in accordance with the terrns and conditions described in Attachment 0, and
subject to the conditions in Attachment E.
This Agreement consists of this document together with Attachment A - Scope of Engineering Services,
Attachment 8 - Project Information, Attachment C - Hourly Billing Rates, and Attachment D - Terms and
Conditions. This agreement between the OWNER and CONSULTANT supercedes all prior written and
oral understandings. This agreement may only be amended, supplemented, modified or cancelled 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.
OWNER: CONSULTANT:
Jeffersonville Sewer Board Jacobi, Toombs, and Lanz, Inc.
Jeffersonville, Indiana 120 Bell Avenue
500 Quartermaster Court Clarksville, Indiana 47129
Jeffersonville. Indiana 47130 (812 :...
(812) 285 -64
‘6
& i a By -1• taSir
Mayor Thomas an, President La P.E., Preside
BY Witness
Dale . Orem, Member
William A. Saeges .E., P.L.S., Member
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LENTZIER CREEK PUMP STATION, GRAVITY INTERCEPTOR & FORCE MAIN
DESIGN PROJECT
Attachment A: Scope of Engineering Services
1. Scope of Engineering Services
The Consultant shall provide the following services when requested by the Owner through the
issuance of a Work Order:
Surveying:
1. Survey route for Lentzier Creek Force Main to NW WTP ( Approx. 10,500 LF)
2. Survey route along Clark Nickles Property for Riverport #2 F.M. (Approx. 1,800 LF)
3. Survey area between proposed Lentzier Creek P.S. Site & High Meadows P.S.
4. Easement Plat Preparation for Gravity Interceptor, Force Main & Pump Station Site
II. Engineering Design, Studies. & Permits:
1. Design Lentzier Creek Pump Station for additional flow from Riverport #2 P.S.
a. Pump Selection & Design
b. Wet Well Sizing & Structural Design
2. Lentzier Creek Force Main Design
3. Riverport #2 Force Main Design
4. Assist with easement acquisition services (appraisals to be paid for directly by Owner)
5. Permit Updates/Preparation
a) IDNR - Construction in a floodway
b) IDEM -401 WQCPernit
c) USAGE - 404Pernit
d) IDEM - Sanitary Sewer Construction Perrnit
e) IDEM - Rule 13 Permit
f) INDOT - RAN Permit
6. Assist City with management of geotechnical investigation (geotechnical investigation to
be funded under separate contract between Owner and Geotechnical Consultant)
III. Construction Observation & Inspection:
1. Provide full -time (or part-time) construction inspectors and assistant personnel as
required to ascertain that the project is constructed in accordance with the contract
documents.
2. Review shop drawings submitted by the Contractor, Contractor payment requests.
3. Address Contractor questions, work out problems that may arise. Report to the Owner on
a monthly basis.
4. Preparation and negotiation of change orders.
IV. Miscellaneous Services:
Attend meetings as requested by the OWNER to act on behalf of the City of
Jeffersonville.
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ATTACHMENT B: PROJECT INFORMATION
SECTION A - DESCRIPTION OF THE WORK
Jacobi. Toombs and Lanz, Inc. (JTL) shall provide the Professional services for the project as described
as follows:
Surveying, Engineering Design, and Inspection for construction of the Lentzier Creek Pump Station,
Gravity Interceptor, Force Main and Riverport #2 Force Main.
The purpose of this project is to divert flow from the Lentzier Creek sewer service area to the proposed
North WWTP. This project will eliminate the following pump stations: Old Stoner, Boulder Creek, High
Meadows 1 & 2, and Utica No.2. Riverport #2 P.S. will be diverted to Lentzier Creek during this project,
and Happy Valley and Utica No.1 pump stations will be diverted at a later time.
SECTION B - SCHEDULE
All survey and design work shall be completed within 9 months unless modified in writing by the OWNER
and the CONSULTANT. The estimated final deliverable date is June 15, 2012.
The anticipated construction start for this project Is May 2012, and could be completed by May 2013
(dependent on City review and Award time and Contractor Progress and Weather Delay).
SECTION C - PAYMENT TERMS
FEE SCHEDULE
Payment to the CONSULTANT for Surveying, Engineering & Design, and Geotechnical Services shall be
on a lump sum basis, with monthly payments to be based upon percentage completed, for a fixed fee of
5125.000.00. This fee is allocated as follows:
Item 1.1 Surveying $55,000.00
Item 1.11 Engineering $67,500.00
Item 1.111 Construction Inspection TBD
Item 1.IV Miscellaneous Services $ 2,500.00
Geotechnical work will be paid directly to a Geotechnical Consultant under separate contract between the
Owner and the Geotechnical Consultant. Appraisal work, if required, will be approved by the Owner in
the form of an amendment to this contract, or separate contract.
Payment to the CONSULTANT for Construction Engineering & Inspection Services shall be on a time and
materials basis, based on the hourly billing rates shown in Attachment C of the General Services
Agreement and for an amount to be negotiated once design is complete and the project is ready for bids.
The CONSULTANT may submit monthly invoices for payment for work completed to date.
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LENTZIER CREEK PUMP STATION, GRAVITY INTERCEPTOR & FORCE MAIN
DESIGN PROJECT
Attachment C: Hourly Billing Rates
JACOBI, TOOMBS AND LANZ, INC.
2011
STANDARD
CODE CLASSIFICATION _ HOURLY RATE`
PR PRINCIPAL 140.00
PM3 PROJECT MANAGER III 120.00
PM2 PROJECT MANAGER II 115.00
PM1 PROJECT MANAGER I 100.00
E5 ENGINEER V (PE) 120.00
E4 ENGINEER IV (PE) 115.00
E3 ENGINEER 111 (PE) 100.00
E2 ENGINEER II (PE) 90.00
El ENGINEER I (PE) 80.00
ET4 ENGINEERING TECH IV (EIT) 75.00
ET3 ENGINEERING TECH III (EIT) 65.00
ET2 ENGINEERING TECH II 55.00
ET1 ENGINEERING TECH I 45.00
GM GIS MANAGER 110.00
GT2 GIS TECHNICIAN II 72.50
GTI GIS TECHNICIAN I 60.00
CT3 CAD TECH III (DESIGNER) 67.50
CT2 CAD TECH II 60.00
CT1 CAD TECH l 50.00
SM SURVEY MANAGER 110.00
LS2 LAND SURVEYOR II (LS) 77.50
LS1 LAND SURVEYOR I (LS) 60.00
SC SURVEY CHIEF 55.50
ST2 SURVEY TECHNICIAN!! 50.50
STI SURVEY TECHNICIAN 1 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
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• Overtime wilibe charged et 7.25 times the medlar billing rate.
"Serving as an expert wstnessin kga/ proceedings will be charged at2 times the regular billing rare.
These rates maybe adjusted on an annual basis as required by economk rectors at the diso Lion oFJecabi. Toombs and Lanz Inc.
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LENTZIER CREEK PUMP STATION, GRAVITY INTERCEPTOR & FORCE MAIN
Attachment D: Terms & Conditions
Services Jacobi, Toombs and Lanz, Inc. (JTL) will • Reimbursable expenses are defined as actual
perform services for the Client with these Terms & 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 Project 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 when deliverables for the task services as detemtined 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 S. The parties Compliance with Laws JTL shall perform its services
acknowledge that terns 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. perfomned. 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 as fixe . releases JTL from any liability that may result from
documents used In this forrn. JTL shall not be held
• Standard Rates is defined as individual time 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
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Commercial General liability and Automobile Liability Consequential Damages Neither the Client nor JTL
policies. shall be liable to the other for any consequential
damages regardless of the nature or fault
Worker's Compensation 5500,000 perAccident Environmental Matters The Client warrants they
and $500,000 Policy Limit have disclosed all potential hazardous materials that
Commercial General $1,000,000 per may be encountered on the Project. In the event
unknown hazardous materials are encountered, JTL
Liability occurrence (bodily injury shall be entitled to additional compensation for
including death & appropriate actions to protect the health and safety of
property damage) its personnel, and for additional services required to
S2,000,000 aggregate comply with applicable laws. The Client shall
Automobile Liability $1.000,000 combined Indemnify JTL from any claim related to hazardous
materials encountered on the Project except for those
single limit for bodily events caused by negligent acts of JTL.
injury Cost Opinions JTL shall prepare cost opinions for
and property damage the Project based on historical information that
Professional Liability $1.000.000 each claim represents the judgment of a qualified professional.
and in the aggregate The Client and JTL acknowledge that actual costs
may vary from the cost opinions prepared and that
The Client shall make arrangements for Builder's JTL offers no guarantee related to the Project cost
Risk, Protective Liability. Pollution Prevention, and independent Counsel The Client agrees to obtain
other specific insurance coverage warranted for the independent legal and financial counsel for the
Project in amounts appropriate to the Project value Project considering JTL does not fumish these
and risks. JTL shall be a named insured on those services.
polities where JTL may be at risk. The Client shall Contingency Fund The Client acknowledges the
obtain the counsel of others in setting insurance limits potential for changes in the work during construction
for construction contracts. and the Client agrees to include a contingency fund in
Waiver of Subrogation JTL shall endeavor to obtain the Project budget appropriate to the potential risks
a waiver of subrogation against the Client, if and uncertainties associated with the Project. JTL
requested in writing by the Client provided that JTL may offer advice conceming the value of the
will not increase its exposure to risk and Client will contingency fund; however, JTL shall not be liable for
pay the cost associated with any premium increase or additional costs that the Client may incur beyond the
special fees. contingency fund they select unless such additional
Indemnification JTL shall indemnify the Client from cost results from a negligent act error, or omission
any reasonable damages caused solely by the related to services performed by JTL.
negligent act, error, or omission of JTL in the Contractor Selection JTL may make
performance of services under the Project. If such recommendations concerning award of construction
damage results in part by the negligence of another contracts and products. The Client acknowledges
party. JTL shall be liable only to the extent of their that the final selection of construction contractors and
proportional negligence. products is their sole responsibility.
Limitation of Liability In recognition of the relative Shop Drawing Review If included in the scope of
risks and benefits of the project to both the Client and service, JTL shall review shop-drawing submittals
JTL, the risks have been allocated. The Client agrees from the contractor solely for their conformance with
to limit the liability of JTL for all claims related to the the design intent of and performance criteria specified
Project at 550,000 or the net income realized by JTL for the Project. JTL shall not be liable for the
for the Project, whichever is greater. performance of or consequential damages of any
Third Party Claims The Client will compensate JTL equipment furnished by the contractor under the
for services performed in defense of any third party Project.
claim unless the claim resulted from the negligent act, Construction Review If included in the scope of
error or omission of JTL. service, JTL shall observe the progress and content
Legal Expense In the event that either party takes of the work to determine if the work is proceeding in
legal action against the other that is not prosecuted, is general accordance with the Contract Documents.
dismissed, or if the decision is rendered for the other This construction review is Intended to observe,
party, the party taking legal action agrees to pay the document and report information concerning the
other their attorney fees. court costs, and defense construction process. Observation of work at the
expenses within 30 days of the court action. Project site shall not make JTL responsible for the
Lien Rights JTL may file a lien against the Client's work performed by another party, the means,
property in the event that the Client does not make methods, techniques, sequences, or procedures
payment within the time prescribed in this agreement. selected by another party, nor the safety precautions
The Client agrees that services by JTL are considered or programs of another parry.
property improvements and the Client waives the right
to any legal defense to the contrary.
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Rejection of Work JTL may recommend 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.
Information 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
Force Majeure Neither party will hold the other implied warranty.
responsible for damages or delay caused by Acts of Severabifity 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 all good faith to replace an invalid rovision with
disagreements within 45 days of either party's written p
one that is valid with as close to the original
notice using a mutually acceptable form of mediated
dispute resolution prior to exercising their rights 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 terms for the Project.
Tennlnation 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
tho amount withheld represents a reasonable value.
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