HomeMy WebLinkAboutSOUTHERN INDIANA STORMWATER ACVISORY COMM. SUPPORT 1046 E.Chestnut Street
(211( Louisville,Kentucky 40204
Ph.502-585-2222
Fx.502-581-0406
www.cfc4.com
Engineering
Planning
December 17th,2018
Mr. Kevin Feder
City Stormwater Coordinator
500 Quartermaster Court
Jeffersonville,IN 47130
Proposal for Southern Indiana Stormwater Advisory Committee (SWAG) Support
Dear Mr. Feder.
Qk4, Inc. is pleased to provide the City of Jeffersonville with this scope of services for
Southern Indiana Stormwater Advisory Committee (SWAG) support. Qk4 has a strong,
diverse history of serving communities throughout the region to develop sustainable solutions
for the numerous challenges faced every day by municipalities. Additionally, Qk4 staff have
continuously served Jeffersonville for over a decade in developing and maintaining the
Southem Indiana Stormwater Advisory Committee (SWAG). Rob Huckaby and Allison
Padron have been involved with SWAG initiatives regarding stormwater regulatory
compliance, program funding, public outreach campaigns, employee training, coordination
with regulators,educational material development,and website maintenance. Contained below
is an overview of the services Qk4 is prepared to provide to Jeffersonville:
SECTION 1.0—STORMWATER ADVISORY COMMITTEE(SWAC)SUPPORT
Qk4 will work with Jeffersonville on a time and materials basis to assist with stormwater
initiatives as a component of the Southern Indiana Stormwater Advisory Committee (SWAG).
Program assistance may include such items as support with Municipal Separate Stormwater
Sewer System (MS4) Program compliance, regulatory agency coordination, reporting and
documentation efforts, employee training, community outreach support, funding support,
sustainability initiatives,and other program efforts.Listed below are initiatives Qk4 anticipates
in the future. Support in addition to those outlined can be provided when requested by
Jeffersonville.
Southern Indiana Stormwater Advisory Committee: The Southern Indiana Stormwater
Advisory Committee (SWAG) is a collaborative group comprised of eight communities
throughout southern Indiana with a focus to collaborate on stormwater challenges that
support regulation compliance and enhance the quality of life throughout the region. The
SWAC, serving over 160,000 residents, is currently comprised of the City of Jeffersonville,
City of New Albany, Floyd County, Town of Clarksville, City of Madison, Town of
Sellersburg, Oak Park Conservancy District, and Town of Georgetown (listed in order of
largest population to smallest). A significant focus of the SWAG is MS4 Program compliance,
with this fundamental belief that many hands make light work.The active participation by all
members results in high quality, well-crafted messages and materials that are delivered
throughout the region, efficiently and effectively. With multiple communities in the area
having similar needs, this collaborative effort brings the best ideas and initiative to the
1046 E.Chestnut Street
Louisville,Kentucky 40204
Ph.502-585-2222
,,..�... ` Fx.502-581-0406
wwH.dk4.com
Engineering
Planning
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forefront, while also giving the region a consistent voice. The SWAG develops public
education content and distributes these materials through its website, as well as social media
channels. It leads events like Stormwater Awareness Week, which gets residents and
businesses involved. It also has developed training materials for contractors and municipal
employees, which are regularly updated and disseminated. The SWAG and its communities
have received numerous rewards and recognitions from various entities,including the Indiana
Department of Environmental Management(IDEM) who is responsible for administering the
MS4 Program. These activities are coordinated through quarterly meetings, task-based work
sessions, and regular correspondences among members. Qk4 will serve Jeffersonville on
SWAG initiatives to support moving the group forward to prepare for future regulations and
stormwater program challenges facing the region. Qk4's focus will be on collaborating with
Jeffersonville,other communities,and active partners.
SWAG support varies from year to year and is largely dependent on priorities and initiatives
established by IDEM, as well as the needs by the City of Jeffersonville.The SWAG Support
task is not to exceed $16,000. Hours and expenses for SWAG-related services will be
distributed based on population size,consistent with past years.
SECTION 2.0—SCHEDULE
For tasks and initiatives provided under this agreement, Qk4 will work with designated
Jeffersonville representatives to ensure clear,consistent directives with specific deliverables are
developed.All deliverables (reports,plans,graphs,charts,spreadsheets,conceptual renderings,
etc.) will be provided to Jeffersonville in hardcopy or digital format, depending on the
directives given by City staff and the SWAG. The schedule for each deliverable will be
provided as determined at the time of the request. When necessary, specific due dates will be
established based on instructions received from designated Jeffersonville staff and the SWAG.
SECTION 3.0 COMPENSATION
Services will be performed on a time and materials basis per the attached rate table. The
contract limit for this project will not exceed $16,000 without prior written approval.
Invoicing will take place monthly. Direct expenses will have no markup. The City of
Jeffersonville will be billed in accordance with the attached Billing Schedule,Attachment"A".
This contract is subject to terms outlined in the Attachment "B" "General Terms and
Conditions". Jeffersonville shall compensate Qk4 for services rendered in accordance with
Sections 1.0.
1046 E.Chestnut Street
QK4 Louisville,Kentucky 40204
Ph.502-585-2222
Fx.502-581-0406
www.ck4.corn
Engineering
Planning
On behalf of Qk4,we appreciate this opportunity to continue working with Jeffersonville on
this service. If you have any questions, comments, or needs please feel free to contact me at
any time at 502.585.2222(office), 812.267.5092 (mobile),or at rhuckaby@qk4.com.
Sincerely,
A1.7.L.1"-
Rob Huckaby,PE Steve Emly,PE
Senior Project Manager Assistant Vice President
.
Approved:
Name/Title: ' E /2-200,---e /-77e2o
Date:
4/�1/9
ATTACHMENT"A"
STANDARD HOURLY RATES
JANUARY 1,2018
CLASSIFICATION Rate Per Hour
DESIGN AND PLANNING SERVICES:
Principal/Vice President $ 225.00
Senior Project Manager/Department Head 160.00
Project Manager/Senior Landscape Architect/Planning Director/ 140.00
Director of Right-of-Way
Senior Engineer/Engineering Specialist/Permitting Specialist 125.00
Registered Engineer/Landscape Architect/Land Surveyor/Senior Planner 115.00
Computer Graphic Artist 115.00
Engineer/Landscape Architect/Land Surveyor/Planner/Environmentalist/ 105.00
Right-of-Way Tech
Senior CADD Operator 95.00
CADD Operator/GIS Technician/Planner 85.00
Clerical 60.00
Co-op/Intern 50.00
SURVEY AND INSPECTION SERVICES:
Drone Services (point cloud, surficial data, 3D renderings, etc.) 150.00
Two-Person Field Crew 130.00
Registered Landscape Architect 115.00
One Person Robotics/GPS 105.00
Survey Technician/One Person Field Crew 85.00
Construction Inspector—Level III/Senior Construction Inspector 85.00
Construction Inspector—Level II 75.00
Construction Inspector—Level I 65.00
January 1,2018
ATTACHMENT"B"
GENERAL TERMS AND CONDITIONS
1. The Client's responsibilities shall include,but not be limited to the following:
A. Provide all criteria and full information as to the Client's requirements for the Project,
including design objectives and constraints, space, capacity and performance
requirements,flexibility and expendability,and any budgetary and/or time limitations.
B. Assist the Engineer by placing at his disposal all available information pertinent to the
Project prepared by others, including but not limited to: core borings, probing and
subsurface explorations, hydrographic surveys, laboratory tests and inspections of
samples, materials and equipment; appropriate professional interpretations of all of the
foregoing; property, boundary, easement, right-of-way, topographic and utility surveys;
property descriptions; zoning,deed and other land use restrictions; and other special data
or consultations not covered in the Scope of Work; all of which the Engineer may rely
upon in performing his services under this Agreement.
The Engineer shall be entitled to rely upon the accuracy and 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 sub-consultants harmless from any
claim, liability or cost (including reasonable attorney's fees and costs 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
C. Arrange for access to and make all provisions for the Engineer to enter upon public and
private property as required for the Engineer to perform his services.
D. Examine all studies, reports, sketches, drawings, specifications, proposals and other
documents presented by the Engineer, obtain advice of an attorney, insurance counselor
and other consultants as the Client deems appropriate for such examination and render in
writing decisions pertaining thereto within a reasonable time so as not to delay the
services of the Engineer.
E. Provide accounting, auditing, independent cost estimating and insurance counseling or
legal services as the Client may require, or the Engineer may reasonably request, with
regard to issues pertaining to the Project, including any that may be raised by
Contractors.
F. Designate a person to act as the Client's representative with respect to the services to be
rendered under this Agreement, and provide the Engineer with work, home and fax
telephone numbers, as well as a current email address. Such person shall have complete
authority to transmit instructions, receive information, interpret and define the Client's
policies and decisions with respect to materials and elements pertinent to the Engineer's
services.
G. Give prompt written notice to the Engineer whenever the Client or others become aware
of any development that affects the scope or timing of the Engineer's services, or any
defect in the work of contractors.
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H. Direct the Engineer to provide necessary Additional Services as stipulated in this
Agreement,or other services as required.
I. Bear all costs incurred by the Engineer in enforcing any separate agreement or obligation
assumed by the Client, including but not limited to the cost of litigation and fees for legal
services.
J. Promptly report to the Engineer any defects or suspected defects in the Engineer's work
or services of which the Client becomes aware,so that the Engineer may take measures to
minimize the consequences of such a defect. The Client warrants that he or she will
impose a similar notification requirement on all contractors in his or her
Client/Contractor contract and shall require all subcontractors at any level to obtain a like
requirement. Failure by the Client, and the Client's contractors or subcontractors to
notify the Engineer, shall relieve the Engineer of the costs of remedying the defects
above the sum such remedy would have cost had prompt notification been given.
2. On written request of either the Client or the Contractor, the Engineer shall interpret and decide
matters concerning performance of the Client and the Contractor under requirements of the
Contract documents. The Client will compensate the Engineer for these services in accordance
with the Additional Services provisions in the Agreement. Decisions of the Engineer shall be
consistent with the intent of the Contract documents and shall be made with reasonable
promptness. The Engineer shall endeavor to secure faithful performance by both the Client and
Contractor and shall not show partiality to either. The Engineer shall not be liable to either the
Client or the Contractor for the interpretations or decisions the Engineer has rendered in good
faith. The Client agrees, to the fullest extent permitted by law, to indemnify and hold the
Engineer harmless from any claim,cost(including reasonable attorneys'fees and cost of defense)
or liability for injury or loss arising, or allegedly arising, from the Engineer's service as a claim
arbiter.
3. Additional services subject to additional compensation to the Engineer when authorized by the
Client orally or in writing shall include,but not be limited to the following:
A. Making revisions to drawings, specifications or other documents when such revisions are
inconsistent with written approvals or instructions previously given by the Client or are
due to causes beyond the control of the Engineer or are necessitated by accelerated
document production for the convenience of the Client.
B. Providing professional services made necessary by the default of the Contractor or by
defects in the work of the Contractor in the performance of the Construction Contract.
C. Preparing to serve or serving as an expert witness in connection with any public hearing,
arbitration proceeding or legal proceeding.
4. Invoices will be submitted to the Client on a monthly basis, terms net thirty (30) days. In
addition, the Engineer may, after giving five (5) days written notice to the Client, suspend
services under this Agreement until the Client has paid in full all amounts due the Engineer for
services rendered and expenses incurred, including interest on past-due invoices. All services
rendered and charges made as a result of this Agreement are considered valid unless written
notice to the contrary is received on or before ten(10)days after the date of the invoice.
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5. Where the method of compensation is based on an hourly or time-and-material basis, the
minimum time for charging of field work is four (4) hours. The minimum time segment for
charging of work accomplished is one-half(1/2) hour. Where applicable, rental charges will be
applied to the Project to cover the cost of sophisticated apparatus, instrumentation, or other
technical equipment.
6. Reimbursable expenses properly chargeable to the Project which carry a fifteen (15) percent
handling and administrative charge, shall include, but not be limited to: travel and living
expenses of personnel when away from the office on business connected with the Project;
identifiable communications, shipping, and reproduction costs; fees paid for securing approval
and permits from authorities having jurisdiction over the Project; and expendable materials and
supplies purchased or expended specifically for the Project. Project related travel in the
Engineer's employee's personal vehicles will be charged to the Client at the current IRS
established rate unless otherwise agreed to.
7. The Client and the Engineer each binds himself and his partners, successors, executors,
administrators, assigns and legal representatives to the other party to this Agreement and to the
partners, successors, executors, administrators, assigns and legal representatives of such other
party,in respect to all covenants,agreements and obligations of this Agreement.
Neither the Client nor the Engineer shall assign, sublet or transfer any rights under or interest in
this Agreement, including but not limited to monies that are due or monies that may be due,
without the written consent of the other,except to the extent that the effect of this limitation may
be restricted by law. Nothing contained in this paragraph shall prevent the Engineer from
employing such independent consultants, associates and subcontractors as he may deem
appropriate to assist him in the performance of services hereunder.
Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than
the Client and the Engineer.
8. Costs and schedule commitments shall be subject to re-negotiation for unreasonable delays
caused by the Client's failure to provide specified facilities or information, or for delays caused
by unpredictable occurrences, such as fires, floods, riots, strikes, unavailability of labor or
materials, delays or defaults by suppliers of materials or services, acts of God or of the public
enemy, or act or regulations of any governmental agency. Temporary work stoppage caused by
any of the above may result in additional cost(reflecting a change in scope)beyond that outlined
in this Agreement.
9. Opinions of probable Construction Cost prepared by the Engineer represent his best judgment as
an Engineer familiar with the construction industry. It is recognized,however, that the Engineer
has no control over the cost of labor, materials or equipment; over the Contractor's methods of
determining bid prices; or over competitive bidding or market conditions. Accordingly, the
Engineer cannot and does not guarantee that bids will not vary from any statement of probable
Construction Cost or other estimate prepared by him,and makes no warranty,express or implied,
as to the accuracy of such opinions as compared to bid or actual cost.
10. This Agreement may be terminated by either party upon at least seven (7) days written notice
should the other party fail substantially to perform in accordance with its terms through no fault
of the party initiating the termination.
This Agreement may be terminated by the Client upon at least seven(7)days written notice to the
Engineer in the event that the Project is permanently abandoned.
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In the event of termination, not the fault of the Engineer, the Engineer shall be compensated for
all services performed to termination date. Service performed between the date of the latest
invoice and the termination date shall be compensated for based upon time devoted to the Project
by the Engineer at the hourly rates for the classifications shown in Exhibit "A", together with
expenses then due and all Termination Expenses. Termination Expenses include expenses
directly attributable to termination for which the Engineer is not otherwise compensated,plus five
(5)percent of the Engineer's total compensation earned to the time of termination.
11. All documents including drawings, specifications, computer files, field data, notes, and other
documents prepared by the Engineer pursuant to this Agreement are instruments of service in
respect of the Project, and shall remain the property of the Engineer who shall be deemed the
author,and shall retain all common law,statutory law and other rights,including copyrights. The
Client shall be permitted to retain copies, including reproducible copies for his information, use
and the purpose described in this Agreement. The Engineer shall be compensated for the cost of
such copies. The Client agrees not to use these drawings and data, in whole or in part, for any
purpose or project other than the project which is the subject of this Agreement. In addition,the
Client agrees,to the fullest extent permitted by law,to indemnify and hold the Engineer harmless
from any damage, liability or cost, including reasonable attorney's fees and costs of defense,
arising from any changes made by anyone other than the Engineer or from any reuse of the
drawings and data without the prior written consent and verification or adaptation by the
Engineer. Any such verification or adaptation will entitle the Engineer to further compensation at
rates to be agreed upon by the Client and the Engineer.
Electronic files submitted by the Engineer to the Client are submitted for an acceptance period of
ten (10) days. Any defects the Client discovers during this period will be reported to the
Engineer and will be corrected as part of the Engineer's Basic Scope of Services. Correction of
defects detected and reported after the acceptance period will be compensated for as Additional
Services. Under no circumstances shall transfer of the drawings and other instruments of service
on electronic media for use by the Client be deemed a sale by the Engineer, and the Engineer
makes no warranties, either express or implied, of merchantability and fitness for any particular
purpose
12. The Engineer will prepare all work in accordance with generally accepted professional practices,
and it is not the intention of the Engineer to provide or offer to provide services inconsistent with
or contrary to such practices,nor to make any warranty or guarantee,express or implied.
13. Unless the Client requires otherwise, the Engineer will maintain liability insurance coverage in
the following amounts:
Professional Liability $3,000,000
Workers Compensation Statutory Limits
Employer's Liability $500,000
General Liability-Bodily Injury/Property Damage $2,000,000
Automobile Liability-Bodily Injury/Property Damage $1,000,000
Excess/Umbrella Liability $10,000,000
Premiums for insurance in addition to the above-stated normal coverage, to protect the Client
and/or others when requested by the Client,shall be paid by the Client.
14. If the Project involves construction,the term Construction Cost shall be defined as: The total cost
of the entire Project to the Client, but it will not include the Engineer's compensation and
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expenses, the cost of land, rights-of-way, or compensation for or damages to properties unless
this Agreement so specifies,nor will it include the Client's legal,accounting,insurance consulting
or auditing services, or interest and financing charges incurred in connection with the Project.
When Construction Cost is used as a basis for payment, it will be based on one of the following
sources with precedence in the order listed for work designated or specified by the Engineer.
A. For completed construction work the total costs of all work performed as designed or
specified by the Engineer.
B. For work designed or specified but not constructed, the lowest bona fide bid received
from a qualified bidder for such work; or, if the work is not bid, the lowest bona fide
negotiated proposal for such work.
C. For work designed or specified but not constructed upon which no such bid or proposal is
received, the most recent estimate of Construction Costs, or if none is available, the
Engineer's most recent opinion of probable Construction Cost.
Labor furnished by the Client for the Project will be included in the Construction Cost at current
market rates,including a reasonable allowance for overhead and profit. Materials and equipment
furnished by the Client will be included at current market prices. No deduction is to be made
from the Engineer's compensation on account of any penalty, liquidated damages, or other
amounts withheld from payments to Contractor(s).
15. In the event of any litigation arising from or related to the services provided under this
Agreement, the prevailing party will be entitled to recovery of all reasonable costs incurred,
including staff time,court costs,attorneys'fees and other related expenses.
16. The Client shall rely on the Engineer's judgment as the continued adequacy of this agreement in
light of occurrences or discoveries that were not originally contemplated by or known to the
Engineer. Should the Engineer call for contract renegotiations, the Engineer shall identify the
changed conditions necessitating renegotiations and the Engineer and the Client shall promptly
and in good faith enter into renegotiations of this Agreement. If terms cannot be agreed to, the
parties agree that either party has the absolute right to terminate this Agreement.
17. It is understood and agreed that the Engineer's Basic Services under this Agreement do not
include project observation or review of the Contractor's performance or any other construction
phase services, and that such services will be provided by the Client. The Client assumes all
responsibility for interpretation of the Contract Documents and for construction observation and
supervision and waives any claims against the Engineer that may be in any way connected
thereto.
In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the
Engineer harmless from any loss, claim or cost, including reasonable attorney's fees and costs of
defense, arising or resulting from the performance of such services by other persons or entities
and from any and all claims arising from modifications, clarifications, interpretations,
adjustments or changes made to the Contract Documents to reflect changed field or other
conditions, except for claims arising from the sole negligence or willful misconduct of the
Engineer.
If the Client requests in writing that the Engineer provide any specific construction phase services
and if the Engineer agrees in writing to provide such services,then they shall be compensated for
as Additional Services as provided in the Agreement.
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18. In an effort to resolve any conflicts that arise during the design or construction of the project or
following the completion of the project, the Client and the Engineer agree that all disputes
between them arise out of or relating to this Agreement shall be submitted to nonbinding
mediation unless the parties mutually agree otherwise.
The Client and the Engineer further agree to include a similar mediation provision in all
agreements with independent contractors and consultants retained for the project and to require
all independent contractors and consultants also to include a similar mediation provision in all
agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby
providing for mediation as the primary method for dispute resolution between the parties to those
agreements.
19. It is acknowledged by both parties that the Engineer's scope of services does not include any
service related to asbestos or hazardous or toxic materials. In the event the Engineer or any other
party encounters asbestos or hazardous or toxic materials at the jobsite, or should it become
known in any way that such materials may be present at the jobsite or any adjacent areas that may
affect the performance of the Engineer's services, the Engineer may, at his or her option without
liability for consequential or any other damages, suspend performance or services on the project
until the Client retains appropriate specialist consultant(s) or contractor(s) to identify, abate
and/or remove the asbestos or hazardous or toxic materials, and warrant that the jobsite is in full
compliance with applicable laws and regulations.
20. The Client and the Engineer agree that all disputes arising out of or in any way connected to this
Agreement, its validity, interpretation and performance and remedies for breach of contract, or
any other claims related to this Agreement shall be governed by the laws of the State of
Indiana. It is further agreed that any suit, claim or legal proceeding of any kind between the
Client and the Engineer shall be brought in a court of competent jurisdiction in the
State of Indiana.
21. 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,to the fullest extent permitted by law,to
limit the liability of the Engineer and his or her sub-consultants to the Client and to all
construction contractors and subcontractors on the project for any and all claims, losses, cost,
damages of any nature whatsoever or claims expenses from any cause or causes, so that the total
aggregate liability of the Engineer and his or her sub-consultants to all those named shall not
exceed the aggregate amount of the claims or the Engineer's total fee for services rendered on this
project, whichever is smaller. Such claims and causes include,but are not limited to negligence,
professional errors or omissions,strict liability,breach of contract or warranty.
22. The Agreement comprises the fmal and complete agreement between the Client and the Engineer.
It supersedes all prior or contemporaneous communications, representations, or agreements,
whether oral or written, relating to the subject matter of the Agreement. Execution of the
Agreement signifies that each party has read the document thoroughly, had any questions
explained by independent counsel and is satisfied. Amendments to this Agreement shall not be
binding unless made in writing and signed by both the Client and the Engineer.
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