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HomeMy WebLinkAboutCRIMSON POINT SUBDIVISION KEYSTONE DEVELOPMENT A711 PROFESSIONAL SERVICES PROPOSAL CRIMSON POINT SUDIVISION / KEYSTONE DEVELOPMENT PHASE 1 & PHASE 2 DRAINAGE IMPROVEMENT STUDY for City of Jeffersonville and Koetter Construction, Inc. Drainage Improvement Evaluation Partnership Jeffersonville, IN 47130 Submitted To City of Jeffersonville 500 Quartermaster Court Jeffersonville, IN 4730 Koetter Construction Inc. 7393 Pete Andres Road Floyds Knobs, IN 47119 January 12, 2019 Submitted By CCURUS ENGINEERING 2100 JEFFERSON CENTER WAY, SUITE 204, JEFFERSONVILLE, IN 41130 WWW.A000RUSENS.COM 1 of7 `" °'-6 0 w 8 8 8, 8 8 8 8 8 8 8 8 8 8 8 a, N V 0 8 8 v- 8 8 S V g co P o 8 8 8 0 0.12 E 4 r r; o a < N n C7) 0 0 CO ~ 69 69 N V9 N V9 69 69 V9 V9 dpi 69 V9 H 11 8 8 8 8 8 8 8 8 8 8 8 8 8 8 0 88 0 8 0 Cl Cl s t g s 10 $ g E c 4 T U 69 44 49 49 49 64 44 49 69 69 64 H 49 M C 8 8 8 8 8 8 8 8 8 8 8 8 8 8 E g 8 0 8 8 Cl Cl 8 S 8 8 § 8 4 Cl dQ) z op W a N V9 49 69 V9 43 w N >_ 69 69 69 N 69 N —z pp p I- ; p W e O 8 8 8 8 O O z 8 8 O O C O n< 8 8 8 8 8 0 8 8 w 8 8 6,0: e o e W !- J J, D 49 44 69 64 69 64 49 69 < 64 69 64 64 60 4.9 W CO K 00 Q K -f 0 W �A K K C I K CJ g o L 2 a s N = O az —F O Q Z G W li! 0 rs F F *45 Q W --, 1- G w z W z v W O a O w 2 ✓ rs a ~ S 1- z ~ z cn Q� o G j z Wzio cc z z g w = zpz W W Z -_,0 8 w vz-i O 0 W Z g 11 2 g z w Z _ -4 W J J R 6 9 F_ w c U z a g G O W > H �/� u r y w C) CCUC�_7C o0~C L I-L�,-1 (� (.9 G a X_X 0 cc>- 2 U)III• O 11.1 W g D , 7..r. z < W W u Cr.U CCL[ W ZGZ 62 Z 2 CC 9- O LL Q (� 0 Y 05C ha-�2 GW O O a Z p ,^ O 0 W �<- W Z ti U c7 Z Ce F OC a G X [C OLLZ Z W G a a can Wiz'-o 2y d 0 0 C.L LJi 2 ? g o Z C7 -U2J G ctn� J Y 0 z �- W G ( r V N 0 aS. co W r^ J 0 C N w G w O cn O>Q H U. z G ? z (� 6) o 5 0 Q Z CL Q 0 H 0 U 1Y d. w Z �. Q 7 J o a w 4 O? z 73 Z 2 W w, �+ °° (z5 ccccx yy�� r J m aau'.g�SXg o i 3 G ¢ z v> c rn u, zZ¢rcL�+owp, m zcrt � E tLLU o v _Z �pw(�7 C7 (}Z _w H O w Y. nZ_� O C C- z cc CQY- CQYC(n p>- 0Q>C Y z G W G Z a 11.3 a. N LL o o z O Z_O Q~Q Z_ Z_ 2_ Z _ UXX W ggJ Z ~ z[ a WLu a. CC CC���Z d W a p N D 0 O .� 2 V J G�y J G J W J J J J W V W w 6 W .l0L1JJW9- W LU W z> o 5 a :„1,- z Z Y U 0 d L u a>a a d Cl_ cc T<GO. < LZ-L. LL 7 — m o � CO vZ = 2 QT O E J >- J J J J F- 1- H 9- 1- 9- 113 aWCLU > LU W W W LU W LU LU W W I Gi a a G G 0 0 0 C U) U v ps a JCQa aLa G a- u G G O G a vi al CV (U 4 (J 9-UV 00ICC c. N 4 a s a 4 a 4 a a 4 a , N 2 13 Ly ` ` CO 0 CP 1 C C 0 (n U y p c 0 J 2 c C? ma W W Q a �� � � W w w W LU 0w 0 cv-, H m z N W Lw, oWO On U, a un CO u; H z CCURUS ENGINEERING 2100 JEFFERSON CENTER WAY, SUITE 204, JEFFERSONVILLE, IN 41130 WWW.A000RUSENG.COM 2 of 7 SCHEDULE "B" EXCLUSIONS TO SCOPE OF WORK SCOPE OF WORK NOT TO INCLUDE THE FOLLOWING: • Boundary work or deed/property research. Construction staking by others. Preparation of • Utility Locating Services. deeds, easements, or plats. • Irrigation plans • As-built Survey • Lighting plans • Building Elevation Certifications • HEC-1 Hydrologic Study and/or • Geotechnical engineering services. Floodway/Floodplain Analysis(HECRAS) • Structural engineering services(Retaining walls • FEMA Submittal (LOMR, LOMA etc.) etc.). • Dam Breach Analysis • Environmental engineering services. • Design during construction. • Stream/wetland repair or relocation permitting. • Construction inspections. • Traffic engineering services. • Shop Drawing Review • Traffic signal plans. • Bid Solicitation/Packages • Rail or Roadway Design and Construction Plans • Specifications • Off-the Keystone property improvement design such as grading, stream modifications, utility, • Cost Estimates or Bond Cost Estimates road improvement, or construction plans etc. • Quantity Takeoffs Other Than Cut and Fill • Pumpstation or wastewater treatment plans or Estimates design. • Marketing or 2D or 3D renderings • Site Construction Plans • Agency fees. • New or Relocation Utility Construction Plans— Sanitary,Water, Gas, Electric,Telecom Etc. CCURUS ENGINEERING 2100 JEFFERSON CENTER WAY, SUITE 204, JEFFERSONVILLE, IN 41130 WWW.A000R[ISENG.CUM 3 of 7 Terms and Conditions of Professional Services Contract This agreement made this 15th day of January, 2019, by and between City of Jeffersonville hereinafter called the "Client" located 500 Quartermaster Court, Jeffersonville, Indiana, and Accurus Engineering, LLC, a Kentucky Limited Liability Company located at 2408 Chattesworth Lane, Louisville, Kentucky hereinafter called the "Consultant". A. Consultant's Obligations & Payments 1. As a Consultant to Client, Consultant will prepare a Phase 1 and Phase 2 Drainage Improvement Study in the watershed that includes a portion of the Keystone property and Crimson Point Subdivision in Jeffersonville, Indiana according to the "scope of work" set out in Schedule "A" attached hereto and incorporated herein by reference. Items listed in Schedule "B" identified as not under this contract are not included in this contract and a separate contract with Consultant or companies other than Consultant will need to be obtained by Client for these services. The scope of this contract will be conducted in two phases and payment will be made at the completion of each Phase. Phase 2 will not be performed by the Consultant until the Client authorizes the Consultant to perform the Phase 2 scope of work. 2. Consultant will perform the scope of work referenced on Schedule "A" attached hereto, for the Phase 1 and Phase 2 Drainage Improvement Study in the watershed including a portion of the Keystone property and Crimson Point Subdivision in Jeffersonville, Indiana for the Phase 1 sum of ($4,000.00), four thousand dollars plus reimbursable expenses in a good & workmanlike manner and the Phase 2 sum of($3,200.00), three thousand dollars two hundred dollars plus reimbursable expenses in a good & workmanlike manner. Client payment is to be split in half with Koetter Construction, Inc. and the Client shall pay Consultant at completion of each phase the following - $2,000 for Phase 1 and $1600 Phase 2 as outlined in Schedule "A". 3. Any Client or agency initiated changes will constitute grounds for a change order. Any changes that significantly alters size, orientation, or positioning of agreed to drainage improvements constitute grounds for a changer order. Any items not included in Schedule "A" will require a change order from the client before said work will be performed. 4. Any reimbursable expenses, hereinafter defined, will be billed as they are incurred. 5. Payment shall be made according to the following schedule: Payments shall be made monthly based on the portion of work completed at the 25th of each month until the project is complete. Payments shall also be made monthly for any additional services or reimbursable expenses associated with the project. Invoices shall be submitted at the beginning of each month. Invoice terms are Net (30) thirty days. 6. The Client agrees that any unpaid balance for completed work under any phase of this agreement remaining after (30) thirty days from the date an invoice is transmitted to the Client, is a legal and binding obligation on its part and shall draw interest at the rate of one and one- half percent (1-1/2%) per month until paid. CCURUS ENGINEERING 2100 JEFFERSON CENTER WAY, SUITE 204, JEFFERSONVILLE, IN 41130 WWW.A000RUSENG.COM 4of7 B. Reimbursable Expenses Reimbursable expenses include, but shall not be limited to, actual expenditures made by the Consultant in the interest of the project (agency fees, reproduction of drawings, courier service, overnight postage, etc.) C. Exclusions Excluded from this agreement is the scope of work set out in Schedule "B", attached hereto and incorporated herein by reference. D. Conflicts 1. In an effort to resolve any conflicts that arise during or following the completion of the project, the Client and the Consultant agree that all disputes between them arising out of or relating to this agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. 2. The Client and Consultant further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and require all independent contractors and consultants to likewise include a similar mediation provision in all agreements with subcontractors, sub consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. E. Consultant Conditions The Client agrees to limit the Consultant's liability to the Client and to all construction Contractors and Subcontractors on the project, due to the Consultant's professional negligent acts, errors, or omissions, such that the total aggregate liability of the Consultant to all those named shall not exceed the Consultant's total fee for services rendered on this project. The development plan and site construction plans related to the project described herein, have been prepared for the sole use and benefit of Client, Client's General Contractor and its subcontractors, Client's other consultants, governmental agencies and any other party that may be reasonably expected to rely on said plans for the development of the project and shall not to be used by or relied upon by any other person, firm or corporation for any purpose whatsoever without express written consent of the Consultant. In addition, Consultant's warranty hereunder shall not extent to and Consultant shall have no liability as relates to any part of the drainage improvement designated "future construction" or "future phase", unless specifically agreed to, in writing, by Consultant. F. Records and Audits The Consultant shall maintain an efficient and accurate cost accounting system as to all the charges incurred in the performance of the agreement. The Consultant's accounts and records shall be open to inspection and audit by the Client or its authorized representative at all reasonable times during the term of this agreement. CCURUS ENGINEERING 2180 JEFFERSON CENTER WAY, SUITE 204, JEFFERSONVILLE, IN 41130 WWW.A000RUSENG.COM 5 of 7 G. The Client's Responsibility The Client shall provide full information as to their requirements and shall supply all reference information available to complete the work requested. H. Termination of Agreement The agreement may be terminated by either party upon seven days written notice should the other part fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others than the Consultant, the Consultant shall be paid for services performed to termination date, including reimbursements due, plus terminal expenses. Should any party default under the terms of this agreement, the non- defaulting party may, at their option, pursue any and all legal remedies at their disposal, including, but not limited to, an action for breach of contract. Subject to the limitations as set out herein, any and all remedies provided to the non-defaulting party for the enforcement of this agreement are cumulative and not exclusive and the non-defaulting party shall be entitled to pursue their rights as authorized by law. The party in default shall be liable to the non- defaulting party for any costs or expenses, including reasonable attorney fees, incurred by the non-defaulting party in the enforcement of the terms of this agreement and pursuing any legal action for enforcement of their rights. I. Entire Agreement and Non-Assignment This agreement represents the entire understanding of the parties and there are no other agreements, undertaking representations or conditions modifying this Agreement, except as provided herein. Nothing contained herein shall be modified by parole evidence. Any modification or amendment shall only be by written agreement of the parties. Neither the Client nor the Consultant shall assign, sublet, or transfer its interest in this agreement without the written consent of the other party hereto. J. Indemnification Client is solely responsible for any and all damage or injury to persons, animals or property caused by his negligence or for any failure on his part to keep, observe or perform any and all of the terms of this Agreement. Client shall indemnify and hold Consultant harmless against any and all claims, suits, actions, proceedings, investigations judgments, damages, deficiency, loss and expense (including, without limitation reasonable attorney's fees to the extent permitted by the law), arising out of or based upon any act or omission of Consultant in connection with the performance of Consultant's service under this Agreement. K. Indemnification Details Upon the occurrence of any event for which the Consultant is entitled to indemnification under Section J of this Agreement, there shall be no limitation or restriction on the rights and remedies available, whether at law, in equity, in bankruptcy, or otherwise, nor any defense thereto. In the event that Consultant shall incur any liability, obligation, loss, damage, deficiency, cost or expense with respect to which it is entitled indemnification under Section J of this Agreement, CCURUS ENGINEERING 2100 JEFFERSON CENTER WAY, SUITE 204, JEFFERSONVILLE, IN 41130 WWW ACCURUSENO COM 6of7 the Consultant shall give notice thereof to the Client who will be providing said Indemnification and the Client shall pay the amount thereof to the Consultant or discharge such liability within thirty (30) days after receipt of such notice. In the event that any legal proceedings shall be instituted or any claim or demand shall be asserted by any third party against the Consultant in respect of which the Client's obligation to indemnify may arise under any Section of this Agreement, the Consultant shall give notice thereof to the Client and the Client shall have the right, at its option and at its own expense, to be represented by counsel of its choice in connection with the defense thereof, provided that they agree in writing that the Consultant is entitled to indemnification against any such claim, proceeding or demand made by any third party (including, without limitation reasonable attorney's fees to the extent permitted by the law). By signing below I have read, understood and agree to the terms and conditions of this professional services contract. f 1/16P1 Accurus Engineering, LLC By: , Date: January 15, 2019 Client: J LDate: j 7 i Authorized Signature&Title CCURUS ENGINEERING 2100 JEFFERSON CENTER WAY, SUITE 204, JEFFERSONVILLE, IN 41130 WWW.A000RUSENG COM 7 of 7