HomeMy WebLinkAboutSTORMWATER ON-CALL SERVICES 2019 CChristopher B. Burke Engineering,LLC
BB
115 W.Washington St. Suite 1368 South Indianapolis,IN 46204 317.266.8000 cbbel-in.com
BURKE
February 12,2019
Charlie Smith,President
City of Jeffersonville Drainage Board
500 Quartermaster Court
Jeffersonville,IN 47130
Attention: Andy Crouch,PE
City Engineer
Subject: Stormwater On-call Services
Professional Services Proposal
Dear Mr. Crouch:
Christopher B. Burke Engineering, LLC (CBBEL) is pleased to provide this proposal for professional
engineering services to support the City of Jeffersonville on various stormwater issues. The following is our
understanding of the assignment,scope of services and estimated fee in support of the project.
UNDERSTANDING OF THE ASSIGNMENT
This project will include as-needed assistance on activities associated with Jeffersonville's stormwater program.
It is understood that these services will vary in type and level of effort needed for completion.CBBEL personnel
will work closely with City staff to provide the documentation necessary for the requested support services and
we understand that these services may include work as detailed below.
SCOPE OF SERVICES
CBBEL will provide the following services,as needed and requested:
• Review of stormwater ordinance and technical standards
• Discuss and review Jeffersonville stormwater permitting processes and documentation
• Advise on stormwater quality matters, floodplain/floodway issues, stormwater drainage, site
development,assistance with local coordination and communication with regulatory agencies
• Other stormwater program-related services as directed
ESTIMATED FEE
Tasks will be performed as assigned by the City. However,prior to the start of any task,CBBEL will provide
the City with a separate task summary sheet that specifies the estimated amount of time,direct costs,and efforts
which may be involved in completing the requested task so that the City can determine whether adequate
budget is available at the specified time to perform or complete the requested services.If,at any time,the City
determines that it no longer requires the services of CBBEL,this contract will be considered complete.CBBEL
would only be entitled to reimbursement according to the actual time and material incurred and would have no
claims on any remaining unused budget set for this contract.
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19.R190032.00000 Page 1
If this proposal meets with your approval,please sign where indicated and return an executed original to us as
our notice to proceed.The executed proposal,along with the estimated fee,and the attached standard charges
for professional services and general terms and conditions constitute the whole of our agreement. Any
modification to any part of this agreement without prior acknowledgement and consent by CBBEL will make
null and void this agreement.Any time commitment made by CBBEL as part of the agreement does not begin
until CBBEL has received an executed original.
We appreciate the opportunity to submit this proposal and look forward to working with you on this project.
Please contact me or Kerry Daily, EI, CFM, CPESC, CPSWQ at the number listed above if you have any
questions.
Sincerely,
!•/,_,
42-"D
Jon D. Stolz,PE
Managing Vice President
THIS PROPOSAL, ESTIMATED FEE, STANDARD CHARGES FOR PROFESSIONAL
SERVICES AND GENERAL TERMS AND CONDITIONS ARE ACCEPTED BY THE CITY OF
JEFFERSONVILLE DRAINAGE BOARD:
Signature:
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Signature:
A,#.t.Q.6.4.08144.4
ST: 43Prepreteilaktief,Attorney
Date: 1 (A ta2011
Enclosures: Standard Charges for Professional Services
General Terms and Conditions
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19.R190032.00000 Page 2
CBB
Christopher B. Burke Engineering,LLC
Standard Charges for Professional Services,January 2019
BURKE
Personnel ($/Hr)
Engineer VI 216
Engineer V 197
Engineer IV 172
Engineer III 144
Engineer I/II 113
Resource Planner V 160
Resource Planner IV 150
Resource Planner III 130
Resource Planner I/II 105
Engineering Technician IV 155
Engineering Technician III 139
Engineering Technician I/II 105
CAD II 130
CAD I 107
GIS Specialist IV 155
GIS Specialist III 139
GIS Specialist I/II 100
Environmental Resource Specialist V 151
Environmental Resource Specialist IV 139
Environmental Resource Specialist III 125
Environmental Resource Specialist I/II 105
Environmental Resource Technician 99
Administrative 75
Engineering Intern 60
Information Technician I/II 75
Direct Costs
Outside Copies,Blueprints,Messenger,Delivery Services,Mileage Cost+ 12%
*Charges include overhead andprofit
Christopher B.Burke Engineering,LLC reserves the right to increase these rates and costs by 5%if the contract is executed after
December 31,2019.
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19.R190032.00000 Page 3
C B Christopher B. Burke Engineering,LLC
B
City of Jeffersonville General Terms and Conditions
BURKE
1. Relationship Between Engineer and Client: Christopher B. Burke Engineering,LLC (Engineer)
shall serve as Client's professional engineer consultant in those phases of the Project to which this
Agreement applies.This relationship is that of a buyer and seller of professional services and as such
the Engineer is an independent contractor in the performance of this Agreement and it is understood
that the parties have not entered into any joint venture or partnership with the other. The Engineer
shall not be considered to be the agent of the Client.Nothing contained in this Agreement shall create
a contractual relationship with a cause of action in favor of a third party against either the Client or
Engineer.
Furthermore, causes of action between the parties to this Agreement pertaining to acts of failures to
act shall be deemed to have accrued and the applicable statute of limitations shall commence to run
not later than the date of substantial completion.
2. Responsibility of the Engineer: Engineer will strive to perform services under this Agreement in
accordance with generally accepted and currently recognized engineering practices and principles,and
in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing in the same locality under similar conditions.No other representation,
express or implied,and no warranty or guarantee is included or intended in this Agreement,or in any
report,opinion,document,or otherwise.
Notwithstanding anything to the contrary which may be contained in this Agreement or any other
material incorporated herein by reference,or in any Agreement between the Client and any other party
concerning the Project, the Engineer shall not have control or be in charge of and shall not be
responsible for the means, methods, techniques, sequences or procedures of construction, or the
safety,safety precautions or programs of the Client,the construction contractor,other contractors or
subcontractors performing any of the work or providing any of the services on the Project.Nor shall
the Engineer be responsible for the acts or omissions of the Client,or for the failure of the Client,any
architect,engineer,consultant,contractor or subcontractor to carry out their respective responsibilities
in accordance with the Project documents, this Agreement or any other agreement concerning the
Project.Any provision which purports to amend this provision shall be without effect unless it contains
a reference that the content of this condition is expressly amended for the purposes described in such
amendment and is signed by the Engineer.
3. Changes: Client reserves the right by written change order or amendment to make changes in
requirements, amount of work, or engineering time schedule adjustments, and Engineer and Client
shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes, if
commercially possible.
4. Suspension of Services:Client may,at any time,by written order to Engineer(Suspension of Services
Order), require Engineer to stop all, or any part, of the services required by this Agreement. Upon
receipt of such an order,Engineer shall immediately comply with its terms and take all reasonable steps
to minimize the costs associated with the services affected by such order.Client,however,shall pay all
costs incurred by the suspension, including all costs necessary to maintain continuity and for the
resumption of the services upon expiration of the Suspension of Services Order.Engineer will not be
obligated to provide the same personnel employed prior to suspension,when the services are resumed,
in the event that the period of suspension is greater than thirty(30)days.
5. Termination:This Agreement may be terminated by either party upon thirty(30)days written notice
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in the event of substantial failure by the other party to perform in accordance with the terms hereof
through no fault of the terminating party. This Agreement may be terminated by Client, under the
same terms, whenever Client shall determine that termination is in its best interests. Cost of
termination, including salaries, overhead and fee, incurred by Engineer either before or after the
termination date shall be reimbursed by Client.
6. Documents Delivered to Client:Drawings,specifications,reports,and any other Project Documents
prepared by Engineer in connection with any or all of the services furnished hereunder shall be
delivered to the Client for the use of the Client.Engineer shall have the right to retain originals of all
Project Documents and drawings for its files.Furthermore,it is understood and agreed that the Project
Documents such as,but not limited to reports,calculations,drawings,and specifications prepared for
the Project,whether in hard copy or machine-readable form, are instruments of professional service
intended for one-time use in the construction of this Project.These Project Documents are and shall
remain the property of the Engineer.The Client may retain copies,including copies stored on magnetic
tape or disk,for information and reference in connection with the occupancy and use of the Project.
When and if record drawings are to be provided by the Engineer,Client understands that information
used in the preparation of record drawings is provided by others and Engineer is not responsible for
accuracy,completeness,nor sufficiency of such information.Client also understands that the level of
detail illustrated by record drawings will generally be the same as the level of detail illustrated by the
design drawing used for project construction. If additional detail is requested by the Client to be
included on the record drawings,then the Client understands and agrees that the Engineer will be due
additional compensation for additional services.
It is also understood and agreed that because of the possibility that information and data delivered in
machine readable form may be altered,whether inadvertently or otherwise,the Engineer reserves the
right to retain the original tapes/disks and to remove from copies provided to the Client all
identification reflecting the involvement of the Engineer in their preparation. The Engineer also
reserves the right to retain hard copy originals of all Project Documentation delivered to the Client in
machine readable form, which originals shall be referred to and shall govern in the event of any
inconsistency between the two.
The Client understands that the automated conversion of information and data from the system and
format used by the Engineer to an alternate system or format cannot be accomplished without the
introduction of inexactitudes,anomalies,and errors.In the event Project Documentation provided to
the Client in machine readable form is so converted, the Client agrees to assume all risks associated
therewith and, to the fullest extent permitted by law, to hold harmless and indemnify the Engineer
from and against all claims,liabilities,losses,damages,and costs,including but not limited to attorney's
fees,arising therefrom or in connection therewith.
The Client recognizes that changes or modifications to the Engineer's instruments of professional
service introduced by anyone other than the Engineer may result in adverse consequences which the
Engineer can neither predict nor control.Therefore,and in consideration of the Engineer's agreement
to deliver its instruments of professional service in machine readable form,the Client agrees, to the
fullest extent permitted by law, to hold harmless and indemnify the Engineer from and against all
claims,liabilities,losses,damages,and costs,including but not limited to attorney's fees,arising out of
or in any way connected with the modification, misinterpretation, misuse, or reuse by others of the
machine readable information and data provided by the Engineer under this Agreement.The foregoing
indemnification applies,without limitation,to any use of the Project Documentation on other projects,
for additions to this Project,or for completion of this Project by others, excepting only such use as
may be authorized,in writing,by the Engineer.
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7. Reuse of Documents: All Project Documents including but not limited to reports, opinions of
probable costs, drawings and specifications furnished by Engineer pursuant to this Agreement are
intended for use on the Project only. They cannot be used by Client or others on extensions of the
Project or any other project.Any reuse,without specific written verification or adaptation by Engineer,
shall be at Client's sole risk,and Client shall indemnify and hold harmless Engineer from all claims,
damages,losses,and expenses including attorney's fees arising out of or resulting therefrom.
The Engineer shall have the right to include representations of the design of the Project, including
photographs of the exterior and interior,among the Engineer's promotional and professional materials.
The Engineer's materials shall not include the Client's confidential and proprietary information if the
Client has previously advised the Engineer in writing of the specific information considered by the
Client to be confidential and proprietary.
8. Standard of Practice:The Engineer will strive to conduct services under this agreement in a manner
consistent with that level of care and skill ordinarily exercised by members of the profession currently
practicing in the same locality under similar conditions as of the date of this Agreement.
9. Compliance with Laws:The Engineer will strive to exercise usual and customary professional care
in his/her efforts to comply with those laws,codes,ordinance and regulations which are in effect as
of the date of this Agreement.With specific respect to prescribed requirements of the Americans with
Disabilities Act of 1990 or certified state or local accessibility regulations (ADA),Client understands
ADA is a civil rights legislation and that interpretation of ADA is a legal issue and not a design issue
and,accordingly,retention of legal counsel (by Client) for purposes of interpretation is advisable.As
such and with respect to ADA,Client agrees to waive any action against Engineer,and to indemnify
and defend Engineer against any claim arising from Engineer's alleged failure to meet ADA
requirements prescribed.
Further to the law and code compliance,the Client understands that the Engineer will strive to provide
designs in accordance with the prevailing Standards of Practice as previously set forth, but that the
Engineer does not warrant that any reviewing agency having jurisdiction will not for its own purposes
comment, request changes and/or additions to such designs. In the event such design requests are
made by a reviewing agency,but which do not exist in the form of a written regulation,ordinance or
other similar document as published by the reviewing agency,then such design changes (at substantial
variance from the intended design developed by the Engineer),if effected and incorporated into the
project documents by the Engineer, shall be considered as Supplementary Task(s) to the Engineer's
Scope of Service and compensated for accordingly.
10. Indemnification:Engineer shall indemnify and hold harmless Client up to the amount of this contract
fee (for services) from loss or expense, including reasonable attorney's fees for claims for personal
injury (including death) or property damage to the extent caused by the sole negligent act, error or
omission of Engineer.
Client shall indemnify and hold harmless Engineer under this Agreement, from loss or expense,
including reasonable attorney's fees, for claims for personal injuries (including death) or property
damage arising out of the sole negligent act,error omission of Client.
In the event of joint or concurrent negligence of Engineer and Client,each shall bear that portion of
the loss or expense that its share of the joint or concurrent negligence bears to the total negligence
(including that of third parties),which caused the personal injury or property damage.
Neither Client nor Engineer shall be liable to the other party for special,incidental or consequential
damages,including,but not limited to loss of profits,revenue,use of capital,claims of customers,cost
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of purchased or replacement power,or for any other loss of any nature,whether based on contract,
tort,negligence,strict liability or otherwise,by reasons of the services rendered under this Agreement.
11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor, materials or
equipment,or over the Contractor(s) method of determining process,or over competitive bidding or
market conditions,his/her opinions of probable Project Construction Cost provided for herein are to
be made on the basis of his/her experience and qualifications and represent his/her judgment as a
design professional familiar with the construction industry, but Engineer cannot and does not
guarantee that proposal, bids or the Construction Cost will not vary from opinions of probable
construction cost prepared by him/her. If prior to the Bidding or Negotiating Phase, Client wishes
greater accuracy as to the Construction Cost, the Client shall employ an independent cost estimator
Consultant for the purpose of obtaining a second construction cost opinion independent from
Engineer.
12. Governing Law and Dispute Resolutions:This Agreement shall be governed by and construed in
accordance with Articles previously set forth by(Item 9 of) this Agreement,together with the laws of
the State of Indiana.
Any claim,dispute or other matter in question arising out of or related to this Agreement,which cannot
be mutually resolved by the parties of this Agreement, shall be subject to mediation as a condition
precedent to arbitration(if arbitration is agreed upon by the parties of this Agreement)or the institution
of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien
arising out of the Engineer's services,the Engineer may proceed in accordance with applicable law to
comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by
arbitration.
The Client and Engineer shall endeavor to resolve claims, disputes and other matters in question
between them by mediation which,unless the parties mutually agree otherwise,shall be in accordance
with the Construction Industry Mediation Rules of the American Arbitration Association currently in
effect.Requests for mediation shall be filed in writing with the other party to this Agreement and with
the American Arbitration Association. The request may be made concurrently with the filing of a
demand for arbitration but,in such event,mediation shall proceed in advance of arbitration or legal or
equitable proceedings,which shall be stayed pending mediation for a period of 60 days from the date
of filing,unless stayed for a longer period by agreement of the parties or court order.
The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the
place where the Project is located, unless another location is mutually agreed upon. Agreements
reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction
thereof.
13. Successors and Assigns:The terms of this Agreement shall be binding upon and inure to the benefit
of the parties and their respective successors and assigns,provided,however,that neither party shall
assign this Agreement in whole or in part without the prior written approval of the other.
14. Waiver of Contract Breach:The waiver of one party of any breach of this Agreement or the failure
of one party to enforce at any time,or for any period of time,any of the provisions hereof, shall be
limited to the particular instance,shall not operate or be deemed to waive any future breaches of this
Agreement and shall not be construed to be a waiver of any provision, except for the particular
instance.
15. Entire Understanding of Agreement: This Agreement represents and incorporates the entire
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understanding of the parties hereto, and each party acknowledges that there are no warranties,
representations,covenants or understandings of any kind,matter or description whatsoever,made by
either party to the other except as expressly set forth herein.Client and the Engineer hereby agree that
any purchase orders,invoices,confirmations,acknowledgments or other similar documents executed
or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement
shall be null,void and without effect to the extent they conflict with the terms of this Agreement.
16. Amendment: This Agreement shall not be subject to amendment unless another instrument is duly
executed by duly authorized representatives of each of the parties and entitled "Amendment of
Agreement."
17. Severability of Invalid Provisions:If any provision of the Agreement shall be held to contravene or
to be invalid under the laws of any particular state, county or jurisdiction where used, such
contravention shall not invalidate the entire Agreement,but it shall be construed as if not containing
the particular provisions held to be invalid in the particular state,country or jurisdiction and the rights
or obligations of the parties hereto shall be construed and enforced accordingly.
18. Force Majeure: Neither Client nor Engineer shall be liable for any fault or delay caused by any
contingency beyond their control including but not limited to acts of God, wars, strikes, walkouts,
fires,natural calamities,or demands or requirements of governmental agencies.
19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor must be
approved by Client in writing.
20. Access and Permits:Client shall arrange for Engineer to enter upon public and private property and
obtain all necessary approvals and permits required from all governmental authorities having
jurisdiction over the Project. Client shall pay costs (including Engineer's employee salaries,overhead
and fee)incident to any effort by Engineer toward assisting Client in such access,permits or approvals,
if Engineer perform such services.
21. Designation of Authorized Representative: Each party(to this Agreement) shall designate one or
more persons to act with authority in its behalf in respect to appropriate aspects of the Project.The
persons designated shall review and respond promptly to all communications received from the other
party.
22. Notices:Any notice or designation required to be given to either party hereto shall be in writing,and
unless receipt of such notice is expressly required by the terms hereof shall be deemed to be effectively
served when deposited in the mail with sufficient first class postage affixed,and addressed to the party
to whom such notice is directed at such party's place of business or such other address as either party
shall hereafter furnish to the other party by written notice as herein provided.
23. Limit of Liability:The Client and the Engineer have discussed the risks,rewards,and benefits of the
project and the Engineer's total fee for services.In recognition of the relative risks and benefits of the
Project to both the Client and the Engineer,the risks have been allocated such that the Client agrees
that to the fullest extent permitted by law,the Engineer's total aggregate liability to the Client for any
and all injuries, claims, costs, losses, expenses, damages of any nature whatsoever or claim expenses
arising out of this Agreement from any cause or causes,including attorney's fees and costs,and expert
witness fees and costs, shall not exceed the total Engineer's fee for professional engineering services
rendered on this project as made part of this Agreement. Such causes included but are not limited to
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the Engineer's negligence,errors,omissions,strict liability or breach of contract.It is intended that this
limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise
prohibited by law.
24. Client's Responsibilities: The Client agrees to provide full information regarding requirements for
and about the Project, including a program which shall set forth the Client's objectives, schedule,
constraints,criteria,special equipment,systems and site requirements.
The Client agrees to furnish and pay for all legal,accounting and insurance counseling services as may
be necessary at any time for the Project,including auditing services which the Client may require to
verify the Contractor's Application for Payment or to ascertain how or for what purpose the Contractor
has used the money paid by or on behalf of the Client.
The Client agrees to require the Contractor,to the fullest extent permitted by law,to indemnify,hold
harmless,and defend the Engineer,its consultants,and the employees and agents of any of them from
and against any and all claims, suits, demands, liabilities, losses, damages, and costs ("Losses"),
including but not limited to costs of defense,arising in whole or in part out of the negligence of the
Contractor,its subcontractors,the officers,employees,agents,and subcontractors of any of them,or
anyone for whose acts any of them may be liable,regardless of whether or not such Losses are caused
in part by a party indemnified hereunder. Specifically excluded from the foregoing are Losses arising
out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders,
designs,or specifications,and the giving of or failure to give directions by the Engineer,its consultants,
and the agents and employees of any of them,provided such giving or failure to give is the primary
cause of Loss.The Client also agrees to require the Contractor to provide to the Engineer the required
certificate of insurance.
The Client further agrees to require the Contractor to name the Engineer,its agents and consultants
as additional insured on the Contractor's policy or policies of comprehensive or commercial general
liability insurance. Such insurance shall include products and completed operations and contractual
liability coverages,shall be primary and noncontributing with any insurance maintained by the Engineer
or its agents and consultants, and shall provide that the Engineer be given thirty days, unqualified
written notice prior to any cancellation thereof.
In the event the foregoing requirements,or any of them,are not established by the Client and met by
the Contractor,the Client agrees to indemnify and hold harmless the Engineer,its employees,agents,
and consultants from and against any and all Losses which would have been indemnified and insured
against by the Contractor but were not.
When Contract Documents prepared under the Scope of Services of this contract require insurance(s)
to be provided,obtained and/or otherwise maintained by the Contractor,the Client agrees to be wholly
responsible for setting forth any and all such insurance requirements. Furthermore, any document
provided for Client review by the Engineer under this Contract related to such insurance(s) shall be
considered as sample insurance requirements and not the recommendation of the Engineer. Client
agrees to have their own risk management department review any and all insurance requirements for
adequacy and to determine specific types of insurance(s)required for the project.Client further agrees
that decisions concerning types and amounts of insurance are specific to the project and shall be the
product of the Client.As such,any and all insurance requirements made part of Contract Documents
prepared by the Engineer are not to be considered the Engineer's recommendation, and the Client
shall make the final decision regarding insurance requirements.
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25. Information Provided by Others:The Engineer shall indicate to the Client the information needed
for rendering of the services of this Agreement. The Client shall provide to the Engineer such
information as is available to the Client and the Client's consultants and contractors,and the Engineer
shall be entitled to rely upon the accuracy and completeness thereof.The Client recognizes that it is
impossible for the Engineer to assure the accuracy,completeness and sufficiency of such information,
either because it is impossible to verify,or because of errors or omissions which may have occurred in
assembling the information the Client is providing.Accordingly,the Client agrees,to the fullest extent
permitted by law, to indemnify and hold the Engineer and the Engineer's subconsultants harmless
from any claim,liability or cost(including reasonable attorneys'fees and cost of defense) for injury or
loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other
information provided by the Client to the Engineer.
26. Payment:Client shall be invoiced once each month for work performed during the preceding period.
Client agrees to pay each invoice within thirty-five (35) days of its receipt.Client further agrees to pay
Engineer's cost of collection of all amounts due and unpaid after sixty(60) days,including court costs
and reasonable attorney's fees,as well as costs attributed to suspension of services accordingly and as
follows:
Collection Costs.In the event legal action is necessary to enforce the payment provisions of
this Agreement, the Engineer shall be entitled to collect from the Client any judgment or
settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by the
Engineer in connection therewith and,in addition,the reasonable value of the Engineer's time
and expenses spent in connection with such collection action, computed at the Engineer's
prevailing fee schedule and expense policies.
Suspension of Services. If the Client fails to make payments when due or otherwise is in
breach of this Agreement,the Engineer may suspend performance of services upon five (5)
calendar days'notice to the Client.The Engineer shall have no liability whatsoever to the Client
for any costs or damages as a result of such suspension caused by any breach of this Agreement
by the Client.Client will reimburse Engineer for all associated costs as previously set forth in
(Item 4 of)this Agreement.
27. Indemnity Clause:When construction observation tasks are part of the service to be performed by
the Engineer under this Agreement, the Client will include the following clause in the construction
contract documents and the Client agrees not to modify or delete it:
Contractor(and any subcontractor into whose subcontract this clause is incorporated) agrees
and acknowledges that Engineer shall be considered a third party beneficiary of those contracts
into which this clause has been incorporated;and agrees to assume the entire liability for all
personal injury claims suffered by its employees,including without limitation,claims asserted
by persons allegedly injured on the Project;waives any limitation of liability defense based on
the Workers' Compensation Act, court interpretations of said Act or otherwise; and to the
fullest extent permitted by law,agrees to indemnify and hold harmless and defend Owner and
Engineer and their agents,employees,and consultants (the "Indemnities") from and against
any such loss, expense, damage or injury, including attorneys' fees and costs that the
Indemnitees may sustain as a result of such claims.
28. Job Site Safety/Supervision and Construction Observation: The Engineer shall neither have
control over or charge of, nor be responsible for, the construction means, methods, techniques,
sequences of procedures,or for safety precautions and programs in connection with the Work since
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they are solely the Contractor's rights and responsibilities.The Client agrees that the Contractor shall
supervise and direct the work efficiently with his/her best skill and attention;and that the Contractor
shall be solely responsible for the means, methods, techniques, sequences and procedures of
construction and safety at the job site.The Client agrees and warrants that this intent shall be carried
out in the Client's contract with the Contractor.The Client further agrees that the Contractor shall be
responsible for initiating, maintaining and supervising all safety precautions and programs in
connection with the work;and that the Contractor shall take all necessary precautions for the safety
of, and shall provide the necessary protection to prevent damage,injury or loss to, all employees on
the subject site and all other persons who may be affected thereby. The Engineer shall have no
authority to stop the work of the Contractor or the work of any subcontractor on the project.
When construction observation services are included in the Scope of Services,the Engineer shall visit
the site at intervals appropriate to the stage of the Contractor's operation,or as otherwise agreed to by
the Client and the Engineer to: 1) become generally familiar with and to keep the Client informed
about the progress and quality of the Work;2) to strive to bring to the Client's attention defects and
deficiencies in the Work and;3) to determine in general if the Work is being performed in a manner
indicating that the Work,when fully completed,will be in accordance with the Contract Documents.
However,the Engineer shall not be required to make exhaustive or continuous on-site inspections to
check the quality or quantity of the Work.If the Client desires more extensive project observation,the
Client shall request that such services be provided by the Engineer as Additional and Supplemental
Construction Observation Services in accordance with the terms of this Agreement.
The Engineer shall not be responsible for any acts or omissions of the Contractor,subcontractor,any
entity performing any portions of the Work,or any agents or employees of any of them.The Engineer
does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's
failure to perform its Work in accordance with the Contract Documents or any applicable laws,codes,
rules or regulations.
When municipal review services are included in the Scope of Services,the Engineer(acting on behalf
of the municipality),when acting in good faith in the discharge of its duties, shall not thereby render
itself liable personally and is, to the maximum extent permitted by law, relieved from all liability for
any damage that may accrue to persons or property by reason of any act or omission in the discharge
of its duties.Any suit brought against the Engineer which involve the acts or omissions performed by
it in the enforcement of any provisions of the Client's rules, regulation and/or ordinance shall be
defended by the Client until final termination of the proceedings.The Engineer shall be entitled to all
defenses and municipal immunities that are,or would be,available to the Client.
29. Insurance and Indemnification:The Engineer and the Client understand and agree that the Client
will contractually require the Contractor to defend and indemnify the Engineer and/or any
subconsultants from any claims arising from the Work.The Engineer and the Client further understand
and agree that the Client will contractually require the Contractor to procure commercial general
liability insurance naming the Engineer as an additional named insured with respect to the work.The
Contractor shall provide to the Client certificates of insurance evidencing that the contractually
required insurance coverage has been procured.However,the Contractor's failure to provide the Client
with the requisite certificates of insurance shall not constitute a waiver of this provision by the
Engineer.
The Client and Engineer waive all rights against each other and against the Contractor and consultants,
agents and employees of each of them for damages to the extent covered by property insurance during
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19.R190032.00000 Page 11
construction. The Client and Engineer each shall require similar waivers from the Contractor,
consultants,agents and persons or entities awarded separate contracts administered under the Client's
own forces.
30. Hazardous Materials/Pollutants: Unless otherwise provided by this Agreement,the Engineer and
Engineer's consultants shall have no responsibility for the discovery,presence,handling, removal or
disposal of or exposure of persons to hazardous materials/pollutants in any form at the Project site,
including but not limited to mold/mildew, asbestos, asbestos products, polychlorinated biphenyl
(PCB)or other toxic/hazardous/pollutant type substances.
Furthermore, Client understands that the presence of mold/mildew and the like are results of
prolonged or repeated exposure to moisture and the lack of corrective action.Client also understands
that corrective action is an operation, maintenance and repair activity for which the Engineer is not
responsible.
June 13.2005-INDIANA
gt&c-indiana mofified-City Jeffersonville std.
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TASK SUMMARY SHEET
BC JeffersonvilleCity of Stormwater On-call Services
BStormwater Ordinance and Technical Standards—Task 1
BURKE
DATE: February 12,2019
TASK NAME: Stormwater Ordinance and Technical Standards Document Development
PROJECT DESCRIPTION: Under a previous contract (CBBEL Project No. 130435.00006), staff of
CBBEL undertook tasks to consolidate the current Jeffersonville drainage ordinance and related ordinances
concerning illicit discharges, construction site runoff, post-construction stormwater management, qualified
professional certification and qualified professional registration into one comprehensive stormwater
management ordinance. CBBEL also endeavored to develop stormwater technical standards as described in
Item PS-8 from the City of Jeffersonville 2012 Stormwater Master Plan. The stormwater technical standards
were to include updated formulas and methodologies for the design and review of stormwater quantity
and quality facilities,including both conventional and low-impact development (LID)facilities,watershed
specific post-development release rates from the master plan and information on construction phase and
post-construction practices for erosion and sediment control.
Staff of CBBEL did develop initial drafts of a consolidated stormwater management ordinance and the
stormwater technical standards. The standards were based on a review of the standards of nearby communities
and the recent CBBEL-developed stormwater standards. CBBEL also reviewed the City of Jeffersonville's long-
term control plan and total maximum daily load limits established for local streams for issues to be
included in the stormwater standards. CBBEL staff then met with appropriate city staff members on several
occasions to collaborate and discuss each document and gather comments to verify understanding and to
work towards final draft documents for the consolidated ordinance and the technical standards. Due to City
of Jeffersonville staff workload considerations and time constraints the final versions of the documents were
not completed. As we understand it, the City of Jeffersonville is requesting our assistance to complete the
consolidated ordinance and technical standards development.
PRIMARY TASKS:
1. Conduct a meeting with appropriate City staff to review the last draft consolidated stormwater ordinance
and technical standards documents.
2. Obtain input from City staff and incorporate comments into final documents.
3. After development of final documents, prepare a presentation on the revised stormwater ordinance and
technical standards to the Jeffersonville Drainage Board.
4. Make presentation to the Jeffersonville Drainage Board in a public information meeting.
PRIMARY PRODUCT(S):
• Provide the city with digital(MS Word and PDF)version of the final ordinance and technical standards
documents.
TIME SCHEDULE: Estimate six months from notice to proceed.
FEE ESTIMATE: Not to exceed$6,200 (time and material)
Stormwater Ordinance and Technical Standards—Task 1 February 12,2019
19.R190032.00001 Page 1
CONCURRENCES&NOTICE TO PROCEED:
CBBEL Representative: Name: Jon Stolz Initials. Date: 2/12/2019
City of Jeffersonville
Representative: Name: Andy Crouch Initials: Date:
The noted tasks,fee,and time schedule are provided as an approximation of what may be necessary to complete the noted
project. The use of these estimates are intended for planning purposes only and are not intended to replace the contractual
obligations of both the City of Jeffersonville and Christopher B.Burke Engineering,LLC. The services outlined in this
task summary sheet are subject to the terms and conditions and standard charges as set forth in the original contract
(19.R190032.00000)dated February 12,2019.
Stortnwater Ordinance and Technical Standards—Task 1 February 12,2019
19.R190032.00001 Page 2