HomeMy WebLinkAboutKINGSFIELD SUB FLOOD MITIGATION STUDY '11rr
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61 Quartermaster Court,Jeffersonville,Indiana 47130 *812.725.7900
An Agreement for the Provision of Limited Professional Services
DATE: July 28,2017 LOCHMUELLER PROJECT No: 217-0515-ODS
CLIENT: City of Jeffersonville
Attn: Andy Crouch,City Engineer
500 Quartermaster Court,Suite 257
Jeffersonville, Indiana 47130
PROJECT NAME/LOCATION:
Kingsfield Subdivision Flood Mitigation Study
SCOPE/INTENT AND EXTENT OF SERVICES:
LOCHMUELLER shall perform the services set forth in Attachment"A", attached hereto and incorporated herein by
reference.
FEE ARRANGEMENT:
LOCHMUELLER shall receive payment for the services performed under this Agreement in the amount of a total lump
sum fee of Twenty One Thousand Eight Hundred Dollars ($21,800.00), unless a modification to this Agreement is made
in writing by both parties.
SCHEDULE:
LOCHMUELLER shall provide the services set forth in this Agreement in accordance with a schedule mutually agreed
upon by both parties.
THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF. PL E REVIEW THEM CAREFULLY.
OFFERED BY: LOCHMUELLER GROUP,INC. ACCEPTED BY: CI O JE ERSONVILLE
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SIGNATURE SIGNATURE
MATTHEW E.WANNEMUEHLER
VICE PRESIDENT/CHIEF ADMINISTRATIVE OFFICER PRINT NAME AND TITLE
AUGUST 5,2017 9' 17. /-7
DATE DATE
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TERMS AND CONDITIONS
Lochmueller Group,Inc.(LOCHMUELLER)shall perform the services outlined in this Agreement for the stated fee arrangement.
Access To Site:
Unless otherwise stated,LOCHMUELLER will have access to the site for activities necessary for the performance of the services. LOCHMUELLER 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 LOCHMUELLER shall be submitted to non-
binding mediation. CLIENT and LOCHMUELLER 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 LOCHMUELLER fail to resolve their dispute by mediation,they agree that jurisdiction for any litigation concerning such dispute
shall be in a federal or state court situated in the county in which the project resides,subject to applicable law.
Billings/Payments:
Invoices for LOCHMUELLER's services shall be submitted,at LOCHMUELLER'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, LOCHMUELLER 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 invoice 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: LOCHMUELLER shall not be required to execute any document that would result in its certifying, guaranteeing or
warranting the existence of conditions whose existence LOCHMUELLER cannot ascertain. Any opinions or probable project costs or construction
costs rendered by LOCHMUELLER represent its best judgment and are furnished for general guidance only. LOCHMUELLER makes no warranty,
either express or implied,as to the accuracy of such opinions as compared to bid or actual costs. LOCHMUELLER 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,expressed 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 LOCHMUELLER,the risks have been allocated such
that the CLIENT agrees that, to the fullest extent permitted by law, LOCHMUELLER'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
LOCHMUELLER's total compensation for services paid and received by LOCHMUELLER under this agreement. Such causes include, but are not
limited to LOCHMUELLER's negligence,errors,omissions,or breach of contract. LOCHMUELLER 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 LOCHMUELLER has been asked by the CLIENT to subcontract certain geotechnical,architectural,survey or laboratory testing services on behalf of
the CLIENT,LOCHMUELLER 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 LOCHMUELLER as a result of this subcontracted service. The CLIENT understands
that LOCHMUELLER is neither trained nor knowledgeable in the procedures or results of the subcontractor's services and the CLIENT shall not rely
upon LOCHMUELLER 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 LOCHMUELLER 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
LOCHMUELLER.
Termination of Services:
This Agreement may be terminated by the CLIENT or LOCHMUELLER should the other fail to perform its obligations hereunder. In the event of
termination,the CLIENT shall pay LOCHMUELLER for all services rendered to the date of termination,all reimbursable expenses,and reimbursable
termination expenses.
Ownership of Documents:
Upon payment in full for the Services performed under this Agreement, LOCHMUELLER grants, conveys and otherwise transfers to CLIENT
ownership of all drawings, specifications and other documents (including electronic documents) prepared by LOCHMUELLER for the Project
(LOCHMUELLER's Documents). LOCHMUELLER may retain copies, including reproducible copies, of LOCHMUELLER's Documents for information,
reference,or other reasons required by law. Any use except for the specific purpose intended will be at the sole risk of the party undertaking such
use and without liability or legal exposure to LOCHMUELLER. Furthermore,CLIENT shall indemnify and hold harmless LOCHMUELLER from claims,
damages,losses and expenses,including but not limited to,reasonable attorney's fees and court costs arising out of or resulting from any such use
of LOCHMUELLER's Documents by CLIENT or any third party receiving such documents through CLIENT, not specifically approved in writing by
LOCHMUELLER.
ATTACHMENT"A"
1.0 PROJECT DESCRIPTION
The project consists of the investigation of drainage issues in the vicinity of the Kingsfield
Subdivision in Jeffersonville, Indiana. The services to be provided are as follows:
2.0 SCOPE OF SERVICES
2.1 Hydrology and Hydraulics Model
2.1.1 Delineate watershed
2.1.2 Develop model of the watershed, existing storm sewer system and detention
basin to size pipes and inlets for the 50, 100, and 500 year storm event
2.1.3 Determine approximate detention volume required to limit discharge to the
existing detention basin in the Kingsfield subdivision
2.2 Alternatives Analysis
2.2.1 Evaluate three (3) upstream detention basin locations including a review of
basin locations for jurisdictional waterways and wetlands
2.2.2 Develop Opinions of Probable Costs for construction of alternatives including
potential appraisal, easement and land acquisition costs
2.3 Provide report with findings of investigation
2.3.1 Meet with the City Engineer and Drainage Coordinator to review results
2.3.2 Present results to the City Drainage Board
2.4 Services Not Being Provided Under this Agreement
The services not being provided under this Agreement include, but are not limited to,
the following:
2.4.1 Design and surveying services
2.4.2 Utility conflict analysis
2.4.3 Geotechnical investigation
2.4.4 Environmental permitting
2.4.5 Land acquisition services
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