HomeMy WebLinkAbout2019-ON CALL MS4 SERVICS LOCHNIUELLER
GROUP
331 Quartermaster Court,Jeffersonville,Indiana 47130-3623
AGREEMENT FOR THE PROVISION OF LIMITED PROFESSIONAL SERVICES
DATE: October 24, 2018 LOCHMUELLER PROJECT NO: 217-0501-2SW
CLIENT: City of Jeffersonville
500 Quartermaster Court, Suite 250
Jeffersonville, Indiana 47130
PROJECT NAME/LOCATION:
2019 On-Call MS4 Services
SCOPE/INTENT AND EXTENT OF SERVICES:
LOCHMUELLER shall provide the services set forth in Attachment "A" attached
FEE ARRANGEMENT:
LOCHMUELLER shall receive compensation for the performance of the services set forth under this Agreement on an
hourly and expense rate basis per the rates set forth in Attachment "B", attached to this Agreement and made an
integral part hereof. The total compensation shall not exceed $25,000.00, unless an amendment to this Agreement is
executed in writing by both parties.
SCHEDULE:
LOCHMUELLER shall commence providing the service set forth in Attachment "A" of this Agreement upon receipt of a
written Notice-to-Proceed and shall complete the services on or before December 31, 2019.
THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF. PLEASE REVIEW THEM CAREFULLY.
OFFERED BY: LOCHMUELLER GROUP, INC. ACCEPTED B : 'F JEFFE••ONVILLE
• i//
PATTI YOUNT MIKE MOO'E
BRANCHMANAC ' SSO TATE MAYOR
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DATE DATE
CITY OF JEFFERSONVILLE Page 1 of 1 ATTACHMENT"A"
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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 and its SUBCONSULTANT's, if any,shall have access to the site for activities necessary for the performance of the
services. LOCHMUELLER and its SUBCONSULTANT's 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.
BILLING AND 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.
ADDITIONAL OR CHANGE IN SERVICES
In the event that the CLIENT requires additional or a major change in scope, character, or complexity of the services after the services have progressed as
directed by the CLIENT,adjustments in compensation to LOCHMUELLER and in time for performance of the services as modified shall be determined through
negotiations between the CLIENT and LOCHMUELLER. LOCHMUELLER shall not commence the additional services or the change of the scope of the services
until an amendment to the Agreement is executed and LOCHMUELLER is authorized to proceed in writing by the CLIENT.
CERTIFICATIONS AND STANDARD OF CARE
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, except for the Parties indemnification obligations herein, 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 insurance limits LOCHMUELLER carries at the time the claim is made. 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.
CONSEQUENTIAL DAMAGES
CLIENT and LOCHMUELLER further agree to waive, on behalf of their assigns, employees, agents, and successors-in-interest, any and all consequential
damages arising out of their responsibilities hereunder. This mutual waiver of consequential damages shall include,but is not limited to, loss of use,loss of
profit,loss of business,loss of income,loss of reputation and any other consequential damages that either party may have incurred from any cause of action
including negligence,strict liability,breach of contract and breach of strict or implied warranty.
SUBCONTRACTORS
If LOCHMUELLER has been asked by the CLIENT to subcontract certain geotechnical 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.
CONTROLLING LAW AND DISPUTE RESOLUTION
This Agreement is to be governed by and interpreted in accordance with the laws of the State of Indiana. If either CLIENT or LOCHMUELLER has a Claim
against the other,the claimant shall promptly give written notice thereof and both Parties shall, in the first instance, endeavor in good faith to negotiate a
settlement of the claim. If the Parties cannot resolve the dispute by negotiation,the Parties shall participate in mediation with a third-party neutral mutually
acceptable to them,and they will share equally in the cost of the mediation. If the Parties do not resolve the dispute within three(3) months of starting the
mediation,the Parties may proceed with litigation. All litigation shall be in a federal or state court situated in the county in which the project resides,subject
to applicable law.
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 AND REUSE OF DOCUMENTS
All documents,as instruments of services,are to be the property of the CLIENT. Full access to the work during the progress of the work shall be available to
the CLIENT. All documents, including but not limited to, drawings, specifications and computer software prepare by LOCHMEULLER pursuant to this
Agreement are instruments of service in respect to this project. They are not intended or represented to be suitable for reuse by the CLIENT or others on
modifications or extensions of this project or on any other project. The CLIENT may elect to reuse such documents;however any reuse without prior written
verification or adaptation by LOCHMUELLER for the specific purpose intended will be at the CLIENT's sole risk and without liability or legal exposure to
LOCHMUELLER. The CLIENT shall indemnify and hold harmless LOCHMUELLER against all judgments, losses,damages,injuries and expenses arising out of or
resulting from such reuse. Any verification or adaptation of documents by LOCHMUELLER will entitle LOCHMEULLER TO additional compensation at rates to
be agreed upon by the CLIENT and LOCHMUELLER.
APPENDIX "A"
SCOPE OF SERVICES
1.0 General Information
The City of Jeffersonville (CLIENT) is a Phase 2 Municipal Separate Storm Sewer (MS4)
community and is required to meet the requirements of its stormwater NPDES permit.
Requirements are mandated by the Federal Clean Water Act. In Indiana, the MS4
program is administered by the Indiana Department of Environmental Management
(IDEM). The CLIENT's MS4 Coordinator is responsible for implementing programs
identified in the permit to address the following Minimum Control Measures (MCMs):
• Public Education and Outreach;
• Public Participation;
• Illicit Discharge Detection and Elimination;
• Construction Site Run-off;
• Post Construction Site Run-off;
• Good Housekeeping and Pollution Prevention
IDEM is also continuing with program audits of the last MCM, Good Housekeeping and
Pollution Prevention. These audits will focus on facilities owned by the CLIENT.
2.0 MS4 Program Assistance
LOCHMUELLER shall provide program support to the CLIENT's MS4 Coordinator on an
on-call basis. The services to be provided shall include, but not be limited to, the
following:
2.1 Minimum Control Measures Implementation and Monitoring
2.1.1 Overall program review
2.1.2 Annual report preparation and documentation review
2.1.3 Update Stormwater Pollution Prevention Plans (SWPPP)
2.1.4 Presentations to elected officials
2.1.5 GIS assistance
2.1.6 General training
2.2 General Stormwater Permit Requirements and Evaluation
2.2.1 Provide services related to the interpretation of the general permit
requirements and evaluation of the CLIENT's program with respect to
permit compliance.
2.3 IDEM Program Audits
2.3.1 Review existing facility Stormwater Municipal Operations Plans (SMOP)
2.3.2 Conduct pre-audit facility inspections
2.3.3 Provide compliance assistance
2.3.4 Review employee training materials
2.3.5 Assist with preparation of additional materials required for the audit
CITY OF JEFFERSONVILLE Page 1 of 2 ATTACHMENT"A"
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2.3.6 Attend the audit
2.4 Deliverables
2.4.1 Audit preparation assistance for Good Housekeeping, MCM #6
2.4.2 Participate in MCM #6 audit
2.4.3 Assist with compiling and review of annual report and submit to IDEM
2.4.4 Coordinate with regulatory agencies as necessary
2.4.5 Project coordination with SISWAC members and their consultant, as
required
2.4.6 General stormwater program support and other support as requested
3.0 Community Rating System (CRS) Program Assistance
LOCHMUELLER shall provide program assistance to the CLIENT's CRS Coordinator on an
on-call basis. The services to be provided shall include, but not be limited to, the
following:
3.1 Support the CLIENT's CRS Coordinator to maintain its CRS rating
3.2 Work to help CLIENT identify opportunities for activities and program that could
help it accumulate additional points to improve the program and increase
insurance policy discounts.
3.3 Provide public education and outreach, documentation, reporting,
representations, training, etc.
3.4 Deliverables
3.4.1 Provide recommendations that prioritize points collection to improve CRS
rating
3.4.2 Accompany staff on field inspections of Repetitive Loss sites
3.4.3 Assist with public notifications and outreach
3.4.4 Review Annual Report and assist with submittal to FEMA
3.4.5 General CRS program support as requested
4.0 General Stormwater and Floodplain Program Support
LOCHMUELLER shall provide general, as-needed support for the City stormwater,
drainage, floodplain, and CRS programs. The services to be provided shall include, but
not be limited to, the following:
4.1 Field inspections
4.2 Training
4.3 Planning efforts
4.4 Permits
4.5 Regulatory Agency Coordination
4.6 Engineering Analysis
4.7 Design
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CITY OF JEFFERSONVILLE Page 2 of 2 ATTACHMENT"A"
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ATTACHMENT "B"
LOCH MU ELLER
GROUP
61 Quartermaster Court
Jeffersonville,Indiana 47130
PHONE:812.725.7900
2018 HOURLY RATE SCHEDULE
ENGINEERING, ENVIRONMENTAL, SURVEYING AND PLANNING SERVICES
Classification Hourly Rate Classification Hourly Rate
Principal/Professional Surveyor $225 Student Intern $50
Principal/Chief of Environmental Services $225 Chief of Water Resources $225
Principal/Chief of Highway Design $225 Manager Water Resources Designers/Technicians $110
Senior Transportation Modeler $225 Regulatory Specialist $103
Senior Project Manager $200 Environmental Biologist IV $153
Senior Project Engineer $180 Environmental Biologist III $130
Senior Landscape Architect $180 Environmental Biologist II $95
Project Engineer IV $178 Environmental Biologist I $88
Project Engineer III $160 Environmental Engineer II $135
Project Engineer II $115 Environmental Scientist III $130
Project Engineer I $95 Environmental Scientist II $100
Project Coordinator $130 Environmental Scientist I $70
Chief of Surveying, PLS $165 Environmental Technician III $93
Professional Surveyor IV $155 Historian/Section 106 Specialist $107
Professional Surveyor III $115 Historian/Section 106 Specialist I $88
Survey Party Chief III $96 Chief of Construction Engineering $225
Survey Party Chief II $93 Certified Construction Engineer III $160
Survey Party Chief I $70 Certified Construction Engineer II $110
Survey Technician $80 Certified Construction Engineer I $95
Survey Instrumentman $65 Certified Construction Inspector II $88
Manager Designers/Technicians $143 Certified Construction Inspector I $75
Engineering Designer IV $128 Land Use Planner II $105
Engineering Designer III $102 Manager Administrative Services $110
Engineering Designer II $100 Administrative Assistant $55
Engineering Designer I $90
Engineering Technician III $75 Survey Robotic or RTK GPS Rate
Engineering Technician II $72 1-Man Robotic or RTK GPS Field Crew $110
Engineering Technician I $70
TRAVEL TIME for survey crews will be charged both directions from door-to-door.
OVERTIME work will be performed only at the direction of the client. All work on survey crews,drafting or clerical over eight hours per day or work
performed on weekends or holidays is considered overtime and will be billed at 1.25 times above quoted rates.
CONSTRUCTION LAYOUT: Contractors shall verify construction layout stakes and notify the surveyor of any discrepancies prior to construction.
DIRECT EXPENSES will be charged to the client in addition to the above quoted rates. Mileage will be charged at a rate of$0.50 per mile. Direct
expenses include but are not limited to: mileage,filing fees,testing, express mail costs, etc. provided that they are reasonable and necessary for the
accomplishment of the work.
These rates may be changed on an annual basis at the discretion of Lochmueller Group,Inc.
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