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HomeMy WebLinkAboutJEFFERSONVILLE BASIN PROJECT LOCHMUELLER GROUP 331 Quartermaster Court,Jeffersonville,Indiana 47130-3623 A GREEMENT THIS AGREEMENT (the "Agreement") is made and entered into this day of , 2019 (the "Effective Date"), by and between the City of Jeffersonville, acting by and through its proper officials, hereinafter referred to as CLIENT, and Lochmueller Group, Inc., hereinafter referred to as CONSULTANT. WITNESSETH WHEREAS,the CLIENT desires to contract for Professional Services, and WHEREAS, CONSULTANT has expressed a willingness to perform said services, NOW THEREFORE, the parties hereto agree that CONSULTANT shall provide the services and documents hereinafter described, in relation to the following described project: Woehrle Road Regional Detention Basin Project(the "PROJECT"). NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto mutually covenant and agree as follows: SECTION I BASIC SERVICES BY CONSULTANT The basic services to be provided by CONSULTANT under this Agreement are as set forth in Appendix"A" ("Services")attached hereto and incorporated herein by reference. SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY THE CLIENT The information and services to be furnished by the CLIENT are as set forth in Appendix "B" attached hereto and incorporated herein by reference. SECTION III SCHEDULE CONSULTANT shall deliver the Services to the CLIENT in accordance with the Schedule contained in Appendix "C" attached hereto and incorporated herein by reference. The CLIENT agrees that CONSULTANT is not responsible for damages arising directly or indirectly from delays for causes beyond CONSULTANT's control. In addition, if the delays resulting from any such causes increase the cost or time by CONSULTANT to perform its Services in an efficient manner, CONSULTANT shall be entitled to a reasonable adjustment in schedule and compensation. SECTION IV COMPENSATION CONSULTANT shall receive payment for the Services performed under this Agreement as set forth in Appendix"D" attached hereto and incorporated herein by reference. CITY OF JEFFERSONVILLE PAGE 1 OF 11 - 219-0513-OSW W:\ACCNTING\CONTMCTS\IEFFERSONVILLE\2190513 WOEHRLE RD REGIONAL DETENTION BASIN\CIM\AGR WITH OTY 091919.DOC SECTION V GENERAL PROVISIONS 1.0 WORK OFFICE CONSULTANT shall perform the Services at its offices or at such other locations as may be necessary or appropriate. 2.0 SUBCONTRACTORS If CLIENT requests that CONSULTANT subcontract certain geotechnical services on behalf of the CLIENT, CONSULTANT 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 CONSULTANT as a result of this subcontracted service. The CLIENT understands that CONSULTANT is neither trained nor knowledgeable in the procedures or results of the subcontractor's services and the CLIENT shall not rely upon CONSULTANT 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 CONSULTANT 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 CONSULTANT. 3.0 STANDARDS OF PERFORMANCE 3.1 The standard of care for all professional services performed or furnished by CONSULTANT under this Agreement will be the care and skill ordinarily used by members of the respective profession practicing under similar circumstances at the same time and in the same locality. CONSULTANT makes no warranties, express or implied, under this Agreement or otherwise, in connection with CONSULTANT's Services. 3.2 CONSULTANT shall be responsible for the technical accuracy of its Services and documents resulting therefrom, and CLIENT shall not be responsible for discovering deficiencies therein. CONSULTANT shall correct any deficiencies CLIENT discovers without additional compensation except to the extent such action is directly attributable to deficiencies in CLIENT-furnished information. 3.3 CONSULTANT shall perform or furnish professional services in all phases of the Project to which this Agreement applies. CONSULTANT shall serve as CLIENT's prime professional for the Project. CONSULTANT may employ such subconsultants as CONSULTANT deems necessary to assist in the performance or furnishing of the Services. CONSULTANT shall not be required to employ any subconsultants unacceptable to CONSULTANT. 3.4 CONSULTANT and CLIENT shall comply with applicable laws or regulations and Client-mandated standards. This Agreement is based on these requirements as of its Effective Date. Changes to these requirements after the Effective Date of CITY OF JEFFERSONVILLE PAGE 2 OF 11 219-0513-OSW W:WCCNTNG\CONTRACTS\IEFFERSONVILLE\2190513 WOEHRtE RD REGIONAL DETENTION BASIN\CrMAGR WRH CRY 091919.DOC this Agreement may be the basis for modifications to CLIENT's responsibilities or to CONSULTANT's scope of services,time of performance, or compensation. 3.5 CLIENT shall be responsible for, and CONSULTANT may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by CLIENT to CONSULTANT pursuant to this Agreement. CONSULTANT may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. 3.6 CONSULTANT shall not be required to sign any documents, no matter by whom requested, that would result in CONSULTANT's having to certify, guarantee or warrant the existence of conditions whose existence CONSULTANT cannot ascertain. CLIENT agrees not to make resolution of any dispute with CONSULTANT or payment of any amount due to CONSULTANT in any way contingent upon CONSULTANT's signing any such certification. 3.7 CONSULTANT shall not be responsible for the acts or omissions of any contractor(s), subcontractor or supplier, or any of the contractor's agents or employees or any other persons (except CONSULTANT's own employees) at the site or otherwise furnishing or performing any of the contractor's work; or for any decision made on interpretations or clarifications of any contract for construction, general conditions, supplemental conditions, change orders, and related documents (the "Contract Documents") given by CLIENT without consultation and advice of CONSULTANT. 3.8 All estimates of construction cost to be provided by CONSULTANT shall represent the best judgement of CONSULTANT based upon the information currently available and upon CONSULTANT's background and experience with respect to projects of this nature. It is recognized, however, that neither CONSULTANT nor the CLIENT has control over the cost of labor, materials or equipment, over contractor's method of determining cost of services, or over competitive bidding, market or negotiating conditions. Accordingly, CONSULTANT cannot and does not warrant or represent that the proposals or construction bids received will not vary from the cost estimates provided pursuant to this Agreement. 4.0 AUTHORIZED PROJECT REPRESENTATIVES Contemporaneous with the execution of this agreement, CONSULTANT and CLIENT shall designate specific individuals to act as CONSULTANT's and CLIENT's representatives with respect to the Services to be performed or furnished by CONSULTANT and responsibilities of CLIENT under this Agreement. Such individuals shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of each respective party. CITY OF JEFFERSONVILLE PAGE 3 OF 11 219-0513-0SW W:\ACCNTING\CONIRACTSVEFFER$ONVIlLE\2190513 WOEHRLE RD REGIONAL DETENTION BASIN CIMAGR WITH OTT 091919.DOC 5.0 OWNERSHIP OF DOCUMENTS The CLIENT acknowledges the CONSULTANT's documents, including tracings, drawings, reports, estimates, specifications, field notes, investigations, studies, etc., as the work papers of CONSULTANT's and the CONSULTANT's instruments of professional services. Nevertheless, the final documents prepared under this Agreement shall become the property of the CLIENT upon completion of the services and payment in full of all monies due to CONSULTANT. During the performance of the Services herein provided for, CONSULTANT shall be responsible for any loss or damage to the documents which it caused, herein enumerated, while they are in its possession and any such loss or damage shall be restored at its expense. Full access to the Services during the progress of the Services shall be available to CLIENT. The CLIENT agrees, to the fullest extent permitted by law,to defend, indemnify and hold harmless the CONSULTANT, its officers, directors, employees and subconsultants (collectively, "CONSULTANT") against any damages, liabilities or costs, including reasonable attorneys' fees and defense costs arising from, or allegedly arising from or in any way connected with, the unauthorized reuse or modification of the documents by CLIENT or any person or entity that acquires or obtains the documents from or through the CLIENT without the written authorization of CONSULTANT. Under no circumstances shall the transfer of ownership of CONSULTANT's drawings, specifications, electronic files or other instruments of service be deemed a sale by CONSULTANT, and CONSULTANT makes no warranties, either express or implied, of merchantability and fitness for any particular purpose, nor shall such transfer be construed or regarded as any waiver or other relinquishment of CONSULTANT's copyrights in any of the foregoing, full ownership of which shall remain with CONSULTANT, absent CONSULTANT's express prior written consent. 6.0 ACCESS TO RECORDS CONSULTANT and its subconsultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to the cost incurred and shall make such materials available at its respective offices at all reasonable times during the period of this Agreement and for three (3) years from the date of final payment under the terms of this Agreement, for inspection by the CLIENT and copies thereof shall be furnished if requested. 7.0 COMPLIANCE WITH STATE AND OTHER LAWS CONSULTANT specifically agrees that in performance of the Services herein enumerated by it or by a subconsultant or anyone acting in behalf of either, that it or they will exercise reasonable skill and care in its efforts to comply with applicable State, Federal, and Local Statutes, Ordinances and Regulations and assist the CLIENT in obtaining all permits that are applicable to the entry into and the performance of this Agreement. CITY OF JEFFERSONVILLE PAGE 4 OF 11 219-0513-0SW WAACCNNNG\CONTRACTS',IEFFERSONVIL E\2190513 WOEHRLE RD REGIONAL DETENTION BASIN\CRY\AGR WITH CRY 091919 DOC 8.0 ALLOCATION OF RISKS—INDEMNIFICATION 8.1 To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CLIENT, CLIENT's officers, directors, partners, and employees from and against any and all costs, losses, and damages (including but not limited to all reasonable fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of CONSULTANT or CONSULTANT's officers,directors, partners, employees,and its subconsultants in the performance and furnishing of CONSULTANT's services under this Agreement. 8.2 To the fullest extent permitted by law, CLIENT shall indemnify and hold harmless CONSULTANT, CONSULTANT's officers, directors, partners, employees and CONSULTANT's subconsultants from and against any and all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused solely by the negligent acts or omissions of CLIENT or CLIENT's officers, directors, partners, employees, and CLIENT's consultants with respect to this Agreement or the Project. 8.3 To the fullest extent permitted by law, CONSULTANT's total liability to CLIENT and anyone claiming by,through, or under CLIENT for any cost, loss, or damages caused in part by the negligence of CONSULTANT and in part by the negligence of CLIENT or any other negligent entity or individual, shall not exceed the percentage share that CONSULTANT's negligence bears to the total negligence of CLIENT, CONSULTANT, and all other negligent entities and individuals. 8.4 In addition to the indemnity provided under Paragraph 8.2 above, and to the fullest extent permitted by law, CLIENT shall indemnify and hold harmless CONSULTANT and its officers, directors, partners, employees, and CONSULTANT's consultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the presence at the site of asbestos, polychlorinated biphenyls, petroleum, hazardous waste (42 USC Sec. 6903) or radioactive materials (42 USC Sec. 2011) in such quantities or circumstances that may represent a substantial danger to persons or property exposed thereto in connection with the Work (the "Hazardous Environmental Condition"), provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than completed Work), including the loss of use resulting CITY OF J EFFERSONVILLE PAGE 5 OF 11 219-0513-0SW WAACCNTING\CONTRACTS\IEFFERSONVIIIE\2190513 WOEHRLE RD REGIONAL DETENTION BASIN\CIlY\AGR WITH 07Y 091919 ROC therefrom, and (ii) nothing in this Paragraph 8.4 shall obligate CLIENT to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. 8.5 CONSULTANT shall not be responsible for the means, methods and techniques of any construction contractor in the prosecution of its work on a project for which CONSULTANT provides services, nor for the construction contractor(s)' and their subcontractor's safety programs, training or compliance with safety requirements of any federal or state agency. 9.0 LIMITATION OF LIABILITY CLIENT and CONSULTANT 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. 10.0 STATUS OF CLAIMS CONSULTANT shall be responsible for keeping the CLIENT currently advised as to the status of any claims made for damages against CONSULTANT which are known resulting from services performed under this Agreement. CONSULTANT shall send notice of claims related to Services under this Agreement to CLIENT within thirty(30)days. 11.0 DISPUTE RESOLUTION-JURISDICTION AND VENUE If disputes arise between CLIENT and CONSULTANT during the course of the Project, or following completion of the Project, which are not resolved within three (3)weeks after a demand for direct negotiation, the parties agree that all disputes between them arising out or relating to this Agreement or the Project shall be submitted to non- binding mediation, unless the parties mutually agree otherwise, with mediation conducted in Evansville, Indiana. If the parties do not agree on a mediator within ten (10) days after demand for mediation, either party may request the American Arbitration Association to appoint a mediator who shall be an attorney having substantial experience in construction law issues. If the mediator is unable to facilitate a settlement of disputes within forty-five (45) days of his/her appointment, the mediator shall issue a written statement to the parties to that effect and the aggrieved party may then seek relief through litigation. Any such litigation shall be resolved without the assistance of a jury, and each party hereby waives trial by jury in any claim whether in Agreement or tort, at law or in equity, arising out of or in any way related to this Agreement. If the parties are not able to settle the dispute through mediation,then it is understood that both parties hereto agree and consent to the exercise of jurisdiction CITY OF J EFFERSONVILLE PAGE 6 OF 11 219-0513-0S W W:\ACCNTING\CONTRACTS\IERERSONNLLE\2190513 WOEHRLE RD REGIONAL DETENTION BASIN\CITY\AGR WITH CITY 091919.DOC over any matter or dispute arising in connection with this Agreement in a state court sitting in the state and county in which the project resides. 12.0 WORKER'S COMPENSATION AND LIABILITY INSURANCE CONSULTANT shall procure and maintain, until final payment by CLIENT for the Services covered by this Agreement, insurance of the kinds and in the amounts hereinafter provided in insurance companies authorized to do such business in the State of Indiana covering all operations under this Agreement whether performed by it or by its subcontractor. CONSULTANT shall furnish a certificate or certificates in a form satisfactory to CLIENT, showing that this section has been complied with. During the term of this Agreement, CONSULTANT shall furnish CLIENT with certificates showing that the required insurance coverage is maintained. The certificate or certificates shall provide that the policies shall not be changed or canceled until ten (10) days written notice has been given to the CLIENT. In the event that such written notice of change or cancellation is given, CLIENT may, at its option,terminate this Agreement and no further compensation shall, in such case, be made to CONSULTANT. The kinds and amounts of insurance required are as follows: 12.1 Policy covering the obligations of CONSULTANT in accordance with the provisions of the Worker's Compensation law. This Agreement shall be void and of no effect unless CONSULTANT procures such policy and maintains it until acceptance of the Services. 12.2 Commercial General Liability Insurance (naming the CLIENT as an additional insured) with limits of liability to be not less than $1,000,000 per occurrence, including bodily injury and property damage, and not less than $2,000,000 aggregate. 12.3 Commercial Automobile Liability Insurance, including hired or non-owned vehicles with limits of liability of not less than$1,000,000 for each accident. 12.4 Professional Liability Insurance in the amount of at least $1,000,000 per claim and aggregate. 13.0 CHANGES IN THE SERVICES In the event the CLIENT requires a change in the Services, after the Services have progressed as directed by the CLIENT, adjustments in compensation to CONSULTANT, and in time for performance of the Services as modified, shall be determined by the CLIENT in consultation with CONSULTANT and CONSULTANT shall not commence the change of scope of the Services until an amendment to this agreement is executed and CONSULTANT is authorized to proceed with the changes of scope in writing by the CLI ENT. 14.0 TERMINATION The CLIENT or the CONSULTANT may terminate services on the Project upon thirty (30) CITY OF J EFFERSONVILLE PAGE 7 OF 11 219-0513-0SW W:\ACCNNNG\CONTEACTS\IEFFERSONVILLE\219O513 WOEHRLE RD REGIONAL DETENTION BASINVEMAGR WRH CITY 091919.000 days written notice with or without cause. The consultant shall submit an invoice for services performed up to the effective date of termination and the CLIENT shall pay the CONSULTANT all outstanding invoices within fourteen (14) days. The CLIENT may withhold an amount for services that may be in dispute provided that the CLIENT furnishes a written notice of the basis for their dispute and that the amount withheld represents a reasonable value. 15.0 NON-DISCRIMINATION Pursuant to I.C. 22-9-1-10, CONSULTANT and its subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in performance of the services under this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, handicap, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the Agreement. 16.0 SUCCESSORS AND ASSIGNEES The CLIENT, insofar as authorized by law, binds itself and its successors, and CONSULTANT binds its successors, executors, administrators and assignees,to the other party of this Agreement and to the successors, executors, administrators and assignees of such other party, as the case may be insofar as authorized by law, in respect to all covenants of this Agreement. Neither party may assign this Agreement, or any right, interests, claim, chose in action, defense or privilege under this Agreement without the written consent of the other party. Subcontracting to subconsultants, normally contemplated by the CONSULTANT as a generally accepted business practice, shall not be considered an assignment for purposes of this Agreement. 17.0 ENTIRE AGREEMENT—AMENDMENTS This Agreement, together with the Appendices attached hereto, constitutes the entire agreement between the parties. This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. 18.0 NON-WAIVER It is agreed and acknowledged that no action or failure to act by CLIENT or CONSULTANT as to a breach, act or omission of the other shall constitute a waiver of any right or duty afforded either of them under this Agreement, as to any subsequent breach, act or omission of the other nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereof, except as may be specifically agreed in writing. No right conferred on either party under this Agreement shall be CITY OF JEFFERSONVILLE PAGE 8 OF 11 219-0513-0SW W:\ACCNTING\CONTR CT5'JEFFERSONVILLE\2190513 WOEHRLE RD REGIONAL DETENTION BASIN\CITY\AGR WITH C1111091919 DOC deemed waived and no breach of this Agreement excused unless such a waiver or excuse shall be in writing and signed by the party claimed to have waived such right. 19.0 DURATION OF AGREEMENT If the basic Services covered in this Agreement have not been completed in accordance with the Schedule set forth in Appendix "C" of this Agreement, through no fault of CONSULTANT, extension of CONSULTANT's services beyond that time shall be revised, through mutual agreement,to include compensation for inflationary adjustments. 20.0 FORCE MAJEURE Neither party to this Agreement shall be liable to the other party for delays in performing the Scope of Services, or for the direct or indirect cost resulting from such delays, that may result from labor strikes, riots, war, acts of governmental authorities, extraordinary weather conditions or other natural catastrophe, or any other cause beyond the reasonable control or contemplation of either party. 21.0 HAZARDOUS ENVIRONMENTAL CONDITION 21.1 CLIENT represents to CONSULTANT that to the best of its knowledge a Hazardous Environmental Condition does not exist. 21.2 CLIENT has disclosed to the best of its knowledge to CONSULTANT the existence of all asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the Site, including type,quantity and location. 21.3 If a Hazardous Environmental Condition is encountered or alleged, CONSULTANT shall have the obligation to notify CLIENT and, to the extent of applicable laws and regulations,appropriate governmental officials. 21.4 If CONSULTANT's scope of services does not include any services related to a Hazardous Environmental Condition and in the event CONSULTANT or any other party encounters a Hazardous Environmental Condition, CONSULTANT may, at its option and without liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected thereby until CLIENT: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition, and (ii) warrants that the Site is in full compliance with applicable laws and regulations. 21.5 CLIENT acknowledges that CONSULTANT is performing professional services for CLIENT and that CONSULTANT is not and shall not be required to become an "arranger", "operator", "generator", or "transporter" of hazardous substances, as defined in the comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the Site in connection with CONSULTANT's activities under this Agreement. CITY OF JEFFERSONVILLE PAGE 9 OF 11 219-0513-0SW WAACCNNNG\CONTRACTS\JEFFERSONVILLE\2190513 WOEHRLE RD REGIONAL DETENTION BASIN\CITY\AGR WRH CRY 091919.000 21.6 If CONSULTANT's services under this Agreement cannot be performed because of a Hazardous Environmental Condition, the existence of the condition shall justify CONSULTANT's terminating this Agreement for cause on thirty (30) day notice. 22.0 NOTICES All written notices required by this Agreement shall be sent to the parties at the following addresses by certified mail, return receipt requested: If to CONSULTANT: Lochmueller Group, Inc. 331 Quartermaster Court Jeffersonville, Indiana 47130-3623 If to CLIENT: City of Jeffersonville 500 Quartermaster Court,Suite 250 Jeffersonville, Indiana 47130 23.0 GOVERNING LAW Where permitted by law,this Agreement shall be interpreted and enforced according to the laws of the State of which the project resides, without resort to its conflict of laws rules. The undersigned attests, subject by the penalties for perjury, that it is the contract party, or that it is the representative, agent, member or officer of CONSULTANT, that it has not, nor has any other member, employee, representative, agent or officer of the firm, company,corporation or partnership represented by it, directly or indirectly,to the best of its knowledge, entered into or offered to enter into any combination, collusion of agreement to receive or pay, and that it has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face of the Agreement. 24.0 EMPLOYMENT ELIGIBILITY VERIFICATION The CONSULTANT affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The CONSULTANT shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The CONSULTANT is not required to participate should the E-Verify program cease to exist. Additionally, the CONSULTANT is not required to participate if the CONSULTANT is self- employed and does not employ any employees. Also, pursuant to I.C. 22-5-1.7, CONSULTANT must execute an affidavit affirming that the CONSULTANT does not knowingly employ an unauthorized alien and confirming CONSULTANT's enrollment in the Program, unless the Program no longer exists, which Affidavit shall be filed with the CLIENT prior to the execution of this Agreement. CITY OF JEFFERSONVILLE PAGE 10 OF 11 219-0513-OSW W:\RCCNTING\CONTRACTS\IEF,ERSONVILLE\3190513 WOEHRIE RD REGIONAL DETEMION BASIN\CITY\AGR WITH QTY 091919.DOC The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT subsequently learns is an unauthorized alien. The CONSULTANT shall require his/her/its subcontractors, who perform work under this Agreement, to certify to the CONSULTANT that the sub-consultant does not knowingly employ or contract with an unauthorized alien and that the sub-consultant has enrolled and is participating in the E-Verify program. The CONSULTANT agrees to maintain this certification throughout the duration of the term of a contract with a sub-consultant. The CLIENT may terminate for default if the CONSULTANT fails to cure a breach of this provision no later than thirty(30)days after being notified by the CLIENT. 25.0 INDEPENDENT CONTRACTOR STATUS During the entire term of this Agreement, CONSULTANT shall be an independent contractor, and in no event shall any of its personnel, agents or sub-contractors be construed to be,or represent themselves to be, employees of the CLIENT. 26.0 SEVERABILITY The invalidity, illegality or unenforceability of any section, subsection, clause or provision of this Agreement shall not affect the validity of the remaining sections, subsections,clauses or provisions of this Agreement. IN WITNESS WHEREOF, the parties have hereunto executed this Agreement effective the day and year first above written. LR GROUP,INC. OCf . CITY OF JEFFERSONVILLE / se Abi., --, _ ael R. Hinton Monty Sn in_, h•'rperson Chief Executive Office Jeffersonville Redevelopment Board CITY OF JEFFERSONVILLE PAGE 11 OF 11 219-0513-0SW W:\ACCNTING\CONTRACTSVEFFERSONVILLEu190513 WOEHRLE RD REGIONAL DETENTION BASIN\OMAGW WITH CITY 091919.DOC APPENDIX "A" PROJECT DESCRIPTION The project consists of the development of a regional detention basin along Woehrle Road to provide drainage relief during large storm events in the vicinity of the Goldview Estates Subdivision and other neighborhoods downstream. The area adjacent to the basin will serve as a fitness park with a paved trail and workout stations. SCOPE OF SERVICES 1.0 Topographic Survey Data Collection 1.1 Perform a topographic survey for the design of a new regional detention basin adjacent to Woehrle Road. The limits of the survey shall be as depicted on EXHIBIT "1" (Survey Limits),attached hereto and incorporated herein by reference. 1.2 Research affected property owners, obtain mailing addresses and mail survey notices through the US Postal Service. 1.3 Locate utilities within the project area using observed evidence along with the Indiana 811 service. 1.4 Set horizontal control points and vertical benchmarks with references within the project area to be utilized for future construction layout purposes. 2.0 Design and Plans 2.1 Perform the hydraulic analysis including the modeling and design of the detention basin, diversion structure and associated piping. The design shall include the utilization of as much of the material to be excavated from the basin as possible for the proposed improvements adjacent to the trail. 2.2 Design a bituminous asphaltic concrete trail around the storage basin site, approximately'A mile in length.The trail shall incorporate the following: • 4-5 sitting benches with trash cans • Art pedestals per City of Jeffersonville standards • Five(5)stationary workout/fitness stations. • A flagpole at the park with a plaque dedicating the park as"Shirley's Arbor". • Planting of up to 100 trees to act as shade trees along the trail. Trees species shall be native to the local region as specified by the City of Jeffersonville. • Trailhead with a bituminous asphaltic concrete parking lot with 12 total parking spaces,including the necessary handicap accessible parking spaces. 2.3 Prepare a complete set of design drawings which set shall include a Cover Sheet, an Overall Site Plan, Plan and Profile sheets, Construction Detail Sheets and plans for the detention basin,trail and fitness park. Plan submittals shall include 60%,90%and 100% Plans along with coordination meetings with the CLIENT. The final design submittal shall include an electronic version of the Contract Documents in PDF format along with two (2)printed copies. CITY OF J EFFERSONVI LLE PAGE 1 OF 2 ATTACHMENT"A" W:ACCNTING\CONTRAC1SUEFFERSONVILLE\190S13 WOEHRLE RD REGIONAL DETENTION BASRACITY AGR WITH WY 091919 DOC 219-0513-OSW 3.0 Water Resource/Stormwater Permitting 3.1 Water Resource Field Review: Have a qualified biologist perform a field investigation to document the stream conditions,complete a stream assessment and take photographs of the stream and document the ordinary high water mark of the stream. The field investigation shall also document any wetlands within the proposed project area following the USACE Wetland Delineation Manual and most recent supplemental. 3.2 U.S.Army Corps of Engineers Regional General Permit: Complete the U.S.Army Corps of Engineers(USACE)Regional General Permit(RGP).This task assumes the project will impact less than 300 linear feet of stream below the Ordinary High Water Mark(OHWM) and less than 0.1 acre of Waters of the U.S.and not require any mitigation. The task does not include completion of any mitigation activities. The USACE Section 404 RGP expires on December 15,2019 and is anticipated to be renewed with little to no changes. If the RGP does change significantly and the project no longer qualifies for the RGP under the new RGP regulations anticipated to be release on or after December 15,2019,a supplemental cost will be required to cover the additional costs associated with obtaining the USACE Section 404 Permit approval. 3.3 IDEM 401 Water Quality Regional General Notification: Complete the Indiana Department of Environmental Management(IDEM)401 Water Quality Regional General Permit(RGP) Notification. 3.4 IDEM Construction Permit QA/QC(Formerly Rule 5): Complete the IDEM Construction Permit QA/QC Permit application and the Storm Water Pollution Prevention Plans,which shall be incorporated into the overall design plans.Also complete the NOI (Notice of Intent)for the project. 4.0 Services Not Provided Under this Agreement The services not being provided by CONSULTANT under this Agreement include, but are not limited to,the following: 4.1 Geotechnical Investigation Services 4.2 Design of playground equipment or pavilion. 4.3 Lighting or electrical design 4.4 Utility Coordination 4.5 Title Research of the Project site to identify existing title encumbrances. 4.6 Temporary or permanent easement documentation preparation or procurement. 4.7 Land acquisition services 4.8 Bidding Services 4.9 Construction Engineering/Observation Services 4.10 Construction Phase Office Services 4.11 Quality Level A and B Subsurface Utility Engineering 4.12 Permitting Services beyond those required as a result of changes to the U.S.Army Corps of Engineers (USACE) Regional General Permit(RGP) and the IDEM 401 RGP Notification requirements which are set to expire December 15,2019. 4.13 Wetland or Stream Mitigation Services 4.14 Any and all fees required to be paid to the regulatory agencies associated with permit submittals. CITY OF JEFFERSONVILLE PAGE 2 OF 2 ATTACHMENT"A" W:\ACCN1ING\cONf ACTSVEFFERSONVILLE\2190513 WOENRLE RD REGIONAL DEIEN1ION BASIN\CITYVAGR WITH CITY 091919.DOC 219-0513-0SW APPENDIX "B" INFORMATION AND SERVICES TO BE PROVIDED BY CLIENT 1.0 Information/Reports relative to the project 2.0 CLIENT Representation 3.0 Timely decisions to questions which may impact the project schedule. 4.0 Site Access 5.0 Payment of Permit Fees 6.0 Information regarding any title encumbrances which may affect the project site. 7.0 Past studies and reports applicable to the project 8.0 Standards for desired park benches,trash containers,art pedestals and desired tree species [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] CITY OF JEFFERSONVILLE PAGE 1 OF 1 ATTACHMENT'S" W:\ACCNTING\CONTRACTS\IFFFERSONVILLE\2190513 WOEHRLE RD REGIONAL DETENTION BASIN\CITY\AGR WITH CITY 091919 DOC 219-0513-0SW APPENDIX "C" SCHEDULE CONSULTANT shall promptly commence Services upon receipt of a written notice to proceed and shall complete the Services within the schedule set forth below,exclusive of CLIENT and Agency review time. Final Design Plans Within 6 Months of receipt of the Notice to Proceed [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] CITY OF JEFFERSONVILLE PAGE 1 OF 1 ATTACHMENT"C" W:\ACCNNNG\CONTRACTSVEFFERSONVILLE\2190513 WOEHRLE RD REGIONAL DETENTION BASIN\CITY\AGR WITH CRY 091919 DOC 219-0513-OS W APPENDIX "D" COMPENSATION 1.0 AMOUNT OF PAYMENT 1.1 The CONSULTANT shall receive as payment for providing the services set forth in Appendix "A" of this Agreement a total fee not-to-exceed One Hundred Fifty One Thousand Six Hundred Dollars($151,600.00). 1.2 The CONSULTANT shall be paid for the services provided under Items 1.0,2.0 and 3.0 of Appendix "A" of this Agreement in accordance with the following lump sum fee schedule: 1.2.1 Topographic Survey Data Collection $11,500.00 1.2.2 Basin Design/Site Design and Plans $78,400.00 1.2.3 Landscape Architecture/Trail Design and Plans $52,800.00 1.2.4 Water Resource/Stormwater Permitting $8,900.00 2.0 METHOD OF PAYMENT 2.1 The CONSULTANT shall submit invoices to the CLIENT on a monthly basis for services rendered. In no event shall the total of the CONSULTANT's invoices exceed the amount provided in this Appendix "D" without prior approval as provided elsewhere in this Agreement. 2.2 The CLIENT shall pay the CONSULTANT for said invoices within thirty (30) calendar days for CONSULTANT's services. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] CITY OFJEFFERSONVILLE PAGE 1 OF 1 ATTACHMENT"D" WAACCNTING\CONTRA VEFFERSONVILLE\2190513WOEHRLERDREGIONALDETENTIONBASIN\CRIMGRWITHCRY091919.DOC 219-0513-0SW • • T▪- 2 I-- „ > Cl) B M% 0.0 LE (▪f) Cu MOM .57 w (1.)1.. 0 ” 0