HomeMy WebLinkAboutARCADIS U.S., INC Contract for Professional Engineering Services
Pursuant to a contract for environmental economic impact analysis services between the
City of Jeffersonville,IN Wastewater Department(the"Department"), and Arcadis U.S.,Inc.
(the"Contractor")hereby enter into this Agreement for engineering and other services required
to complete the scope of work in response to the letter the Department received from US EPA
Region 5 on November 28,2016 related to the Jeffersonville Phase II update to the Financial
Capability Assessment(FCA).
I. General Terms
1. Department Contract.
2. Standards. The Contractor shall perform its Services in accordance with the standard of care,
skill,training, diligence and judgment normally provided by competent professionals who
perform work of a similar nature, in the same geographical regions as the work described in this
Agreement.
3.Sublettine or Assignment of Contract.The Contractor shall not sublet or assign any part of
the work under this Agreement without prior written approval of the Department. The Contractor
is required to replace any subcontractors found to be unacceptable as determined by the
Department in its sole discretion.
4. Employment.The Contractor shall not engage the services of any person or persons now
employed by the Department, including any department,commission,or board thereof,without
the written consent of the employer of such person or persons and of the Department.
5.Confidential Information. The Contractor recognizes that it will be given access to valuable
proprietary Confidential Information from the Department arising in connection with the
performance of advisory services under this Engagement Letter. Contractor will not,whether
during the term of this Engagement or thereafter,disclose any item of Confidential Information
of the Department to any third party or use any such item for its own benefit or for the benefit of
any third party without the prior express written consent of the Department, until such time as
the Confidential Information shall have properly become known to the general public.
"Confidential Information" includes,without limitation,(1)any information designated by the
Department as confidential,secret or proprietary,or of a confidential nature that is not available
to the public; and (2)nonpublic information or documentation concerning the Department's
business,operations,finances,plans or procedures.
6.Key Personnel. It is understood that the Department has engaged the resources of Contractor
based upon the experience and qualifications of certain individuals of the firm whose
qualifications and experience have been reviewed by the Department. Upon the unavailability for
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this engagement of any of those professionals, identified in Attachment B,this Agreement may
be immediately terminated by the Department. The Department may,at its option,review the
qualifications and experience of other personnel presented by Contractor and, if found
acceptable,continue this Agreement by written agreement to make substitution(s).
The Contractor shall give a high priority to this engagement and shall limit,if necessary,the
other time commitments of the individuals named on Attachment B to ensure their availability to
provide services in a prompt and timely fashion. It shall be the responsibility of the Contractor to
adjust workloads and schedules when the Department notifies the Contractor it is not receiving a
high priority in the services provided.
7.Termination of Contract.The Contractor or the Department may terminate this Agreement
at any time at the sole discretion of the respective parties by delivering thirty(30)days'written
notice to the other party. Upon termination,the Department's liability will be limited to the hours
performed and billed under an invoice complying with the requirements of section III below,
submitted by Contractor as of the date of termination,which shall approximate the cost of the
services performed,plus reasonable travel expenses and other expenses incurred with the prior
written approval of the Department and to the extent that funds are available.
8.Annlicable Law. This Agreement shall be governed under the laws of the State of Indiana.
The Contractor shall at all times comply with and observe all federal and state laws, local laws,
ordinances,regulations and the work rules of the Department which are in effect during the term
of this Agreement and which in any manner affect the work or its conduct.
9. Work Product Ownership.All material produced under this Agreement shall belong to and
remain the property of the Department. Use of same by the Contractor shall be only with the
advance written permission of the Department. Such permission shall not be unreasonably
withheld. Facility size and cost estimates,templates or spreadsheets developed by the Contractor
for the assignments under this engagement shall be provided, upon request,to the Department in
a digital format that can be read and used on the Department's computers.Templates or
proprietary models that the Contractor brings to the engagement with the Contractor and
Department shall remain the property of the Contractor.The Department shall have the right to
modify and use such models,templates,or spreadsheets thereafter for its business purposes.
10. Examination of Records.The Department shall have access to and the right to examine,
audit, and excerpt and transcribe any books,documents,papers and records of the Contractor
relating to this Contract. Such material shall be retained for three years by the Contractor
following completion of this Agreement;the Contractor shall furnish electronic copies of such
material to the Department if requested to do so.
11.Continuance of Contract.Continuance of this Agreement shall be contingent upon the
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appropriation of the necessary funds to the Department, and the termination of this Agreement
caused by a lack of appropriations shall be without penalty.
13.Conflict of Interest. It is a violation of this Agreement for the Contractor to act contrary to
the interests of the Department without the knowledge and consent of the Department.The
Contractor shall inform the Department of all relationships and business agreements from which
the Contractor receives money or in-kind benefits(or will, in the future,receive money or in-
kind benefits)which may have potential for conflict with the Department's interests.
14. No Employment Relationship. Nothing in this Agreement shall be construed to create an
employment relationship between any employee of the Department and the Contractor.
II. Scone of Work
1. Scone of Work:
Task 1 -Additional CIP Iterations for FCA Schedules
Contractor will provide limited technical support in response to item No. 1 in the November EPA
letter. Contractor will review and summarize recent bid tabs from large sewer projects in Fort
Wayne and Brownsburg for comparable unit costs of the Phase 3 CSO interceptor. Contractor
will provide two revised CIP schedules and cashflows for 2030 and 2035 completion and provide
technical support to Department in preparing updated FCA iterations for the two new completion
dates.
Task 2—Concept Sizes and Cost for Alternate Levels of Control
Contractor will provide an initial analysis for potential responses by the Department to item No.
2 in the November EPA letter.
The purpose of this task is to develop conceptual sizes and cost estimates for the Phase 3 CSO
interceptor based on the December 2014 Additional Alternatives and Cost Analysis
memorandum prepared by the design team. Contractor will review unit costs in the 2014
memorandum against the bid tab information compiled in Task 1. Based on the peak flow and
sizing information in the 2014 memorandum,Contractor will develop a concept sketch,size,and
cost for two new alternatives:
• CSO Interceptor to TSPS with HRT at TSPS discharging to Cane Run: 4 Events to Ohio
River, 8 Events to Cane Run
• CSO Interceptor to TSPS with HRT at TSPS discharging to Cane Run: 3 Events to Ohio
River, 5 Events to Cane Run
Contractor will prepare a brief(1-2 page)memorandum presenting the conceptual sizes and costs
for the two alternatives,source data,and assumptions.
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Task 3—Phosphorus Basis of Design and Cost
Contractor does not expect to provide assistance to the Department in responding to item No. 3
from the November EPA letter.
Task 4—IDEM and EPA Meeting Support
In this task, Contractor estimates the time and material support to the Department in meetings
with IDEM and US EPA Region 5. It is understood that the actual effort will be based on the
total number of meetings,the technical content of the meetings,and the meeting location.
Contractor's level of effort is based on three meetings,each of which having technical materials
to prepare,with two meetings located in Jeffersonville,and one in Chicago.
Task 5—Project Management
Contractor will perform project management over an assumed 4-month schedule. Activity will
include project setup,schedule and cost management,and monthly invoicing.
2. Additional scope of-,vork and delineation of responsibilities: Contractor understands that
the implementation of the Phase II roadmap for LTCP revisions,participation in meetings
outside of the three(3)identified in this scope,or responding to correspondence between the
Department and IDEM,EPA,or ORSANCO,are additional services. If necessary,Contractor
agrees to prepare an amendment to this Agreement detailing responsibilities and timelines to
address the Department's requested additional scope.
For the key personnel identified in Appendix B, labor rates for additional scope of work are as
follows:
Jeremy Nitka Staff Engineer $142
Chris Ranck Principal Water Resources Engineer I $249
Sue Pressman Principal Water Resources Engineer II $288
Marty Umberg Principal Water Resources Engineer II $288
Dan Markowitz Principal Scientist I1 $249
Roger Kelso Principal Engineer I $249
Pete Kube Project Engineer $163
John Huston Staff Engineer $142
David Murray Engineer $127
For additional meetings at Department's offices,mileage will be reimbursed at$0.64 per mile.
3.Travel and Incidental Services.The Contractor agrees to travel to Jeffersonville and as
necessary to perform its services under this Agreement. The Contractor shall perform other
usual functions incidental and necessary to carrying out the above duties.
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III. Administration and Billing
1. Compensation.The Contractor shall perform the services called for in this Agreement in
consideration for the compensation outlined below. Compensation for professional fees
associated with providing the Requested Services shall adhere to the hourly rates
identified in Attachment C: Fee Schedule,with a not to exceed of$22,100. Contractor
and Department shall discuss and agree upon a specific budget for the Requested
Services when this Agreement is amended with the delineated scope of work. Such
agreement shall be documented in writing as an amendment to this Agreement.
2.Out of Pocket Expenses. Contractor shall, in addition to the compensation provided above,
be reimbursed for actual out of pocket expenses necessarily connected to the services rendered
under this Agreement. Expenses subject to reimbursement include duplicating, long distance
telephone charges,postage and delivery charges,travel and necessary living expenses outside of
Contractor staff's home office locations but exclusive of normal office overhead expenses.
Contractor projects to participate in two(2)(4)meetings in Jeffersonville and one(1)meeting in
Chicago and estimates to incur approximately$600 in expenses for staff participation in these
meetings as part of the$22,100 not to exceed.
3. Payment.Payment shall be made to the Contractor at the direction of the Department within
thirty (30)days of receipt of itemized invoices. The final invoice must be submitted not later
than ninety(90)days following the close of Contractor's Contract with the Department.
4. Len¢th of Contract.This Agreement shall run for a period extending from the day and year
first written above to July 31,2017,or until terminated under this Agreement.
5.Amendment of Contract.In the event the Contractor advises the Department that further
services, beyond those named above and exceeding the scope of the normal responsibilities of
the Contractor,are necessary,the parties hereto reserve the right to amend this Agreement,in
writing,to permit the Contractor to provide such services and receive such additional
compensation therefore as to be mutually agreed upon.
6. Entire Aereement. With the exception of the amendment regarding the scope of work and
budget,this Agreement,and the Attachments attached by reference constitute the entire
agreement of the parties and supersedes any representations, commitments,conditions,or
agreements made orally or in writing prior to execution of this Agreement.
IV. Certification of no conflictine relationship
In signing this Agreement,the Contractor certifies that:
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A. No relationship exists between the Contractor and the Department that interferes with fair
competition or is a conflict of interest;and
B. No relationship exists between the Contractor and another person or organization that
constitutes a conflict of interest with respect of this Agreement.
This Agreement is executed as of this_day of January, 2017
By : By:
Len Ashack Christopher J.Ranck,
Director Principal Water Resources Engineer
Jeffersonville Wastewater Department Arcadis, U.S.,Inc.
Aooendices
Appendix B: Key Personnel
Appendix C: Fee Schedule
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Attachment B: Key Personnel
Jeremy Nitka Staff Engineer
Chris Ranck Principal Water Resources Engineer I
Sue Pressman Principal Water Resources Engineer II
Marty Umberg Principal Water Resources Engineer II
Dan Markowitz Principal Scientist II
Roger Kelso Principal Engineer I
Pete Kube Project Engineer
John Huston Staff Engineer
David Murray Engineer
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