HomeMy WebLinkAboutPrep of Plans & Specifications for Secondary Clarifiers 1-4 & Gravity Thickeners for Downtown WWTP City of Jeffersonville
Government Contract Coversheet
Please note: All information MUST be completely filled out and submitted to Clerk's Office
within 48 hrs of execution.
Date Submitted to Clerk: 6/7/2024
Wastewater
Department:
Vendor Name: Lochmueller Group
Sign Date: 6/6/2024
Ending Date: 11/30/2024
Amount of Original Contract: $525,000
Is this an amendment or change order
to original contract?
Amended Contract Amount:
Purpose:
Preparation of Plans and Specifications for
the secondary clarifiers 1-4 and 2 gravity
thickeners for the Downtown WWTP
(DWWTP).
For Clerk's Office to fill out
Date uploaded to Gateway: (.,A/ c7V
T ?UELLER
GROUP
331 Quartermaster Court,Jeffersonville,Indiana 47130-3623
Agreement
THIS AGREEMENT (the "Agreement") is made and entered into this tday of
, 2024 (the "Effective Date"), by and between the City of Jeffersonville, Indiana, 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,
WHEREAS, the parties hereto agree that CONSULTANT shall provide the services and
documents hereinafter described, in relation to the following described project: Proposed
Jeffersonville Downtown Clarifiers and Thickeners Rehabilitation (the "PROJECT").
NOW THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto mutually covenant and agree as follows:
SEC l ION 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.
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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 SUBCONSULTANTS
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 subconsultant'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
subconsultant 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 shall be performed in a manner consistent
with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing under similar circumstances at the same time and
in the same or similar locality. Notwithstanding any clause in this Agreement to
the contrary, nothing shall be construed as imposing on the CONSULTANT any
greater obligation than to exercise the Standard of Care. The CONSULTANT shall
not be liable for the cost of any omission that adds value to the Project.
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
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subconsultants unacceptable to CONSULTANT.
3 J, CONSULTANT and CLIENT shall comply with applicable laws and regulations as
generally applied to the services rendered in the locale of the project as of its
Effective Date. Changes to these requirements after the Effective Date of this
Agreement may be the basis for modifications to CLIENT's responsibilities or to
CONSULTANT's scope of services, time of performance, or compensation.
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.
• 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.
• i 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.
All opinions of probable construction cost to be provided by CONSULTANT shall
represent the professional judgment 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
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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.
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 documents shall be available to the 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 ELECTRONIC MEDIA
Data, words, graphical representations, and drawings that are stored on electronic
media such as computer disks and magnetic tapes, or which are transmitted
electronically, may be subject to uncontrollable alteration. CLIENT agrees it may only
justifiably rely upon the final hardcopy materials bearing the consultant's original
signature and seal.
7.0 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
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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.
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) to
the extent caused 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) to the extent caused 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, though, 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 and shall
not exceed the appropriate insurance coverage limits set forth under Item 12.0
of Section V of this Agreement.
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) to the extent caused by the presence at the site of asbestos,
polychlorinated biphenyls, petroleum, hazardous waste (42 USC Sec. 6903) or
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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 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.
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.
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.
Notwithstanding any other provisions of this Agreement to the contrary,
CONSULTANT's officers, directors, shareholders, partners, employees, or agents
shall not be personally liable, regardless of the cause of action asserted including
breach of contract, warranty guarantee, products liability, negligence, tort, strict
liability, or any other cause pertaining to CONSULTANT's performance or non-
performance of the Agreement. CLIENT will look solely to CONSULTANT for its
remedy for any claim arising out of or related to this Agreement.
9.0 RESERVED
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
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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 pursuant to A.D.R. Rule 2 of the Indiana Rules for Alternative Dispute
Resolution. If the parties are not able to settle the dispute through mediation, the
parties shall submit the dispute to litigation before a Private Judge in accordance with
the then current Indiana Rules for Alternative Dispute Resolution as they apply to
Private Judge litigation.
12.0 INSURANCE
12.1 CONSULTANT - 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:
12.1.1 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.
12.1.2 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.
12.1.3 Commercial Automobile Liability Insurance, including hired or non-owned
vehicles with limits of liability of not less than $1,000,000 for each
accident.
12.1.4 Professional Liability Insurance in the amount of at least $1,000,000 per
claim and aggregate.
12 .' CLIENT - The CLIENT shall make arrangements for Builder's Risk, Protective Liability,
Pollution Prevention, Comprehensive General Liability including property damage, and
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other specific insurance coverage warranted for the Project in amounts appropriate to
the Project value and risks. CONSULTANT shall be named as additional insured on those
policies where CONSULTANT may be at risk. The CLIENT shall obtain the counsel of
others in setting insurance limits for construction contracts.
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
CLIENT.
14.0 TERMINATION
The obligation to provide further services under this Agreement may be terminated by
either party upon thirty (30) days written notice from receipt 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. If the services of this Agreement are terminated,
CONSULTANT shall, upon final payment of compensation due to the CONSULTANT,
deliver to the CLIENT all data, reports, drawings, specifications, and estimates
completed or partially completed and these shall become the property of the CLIENT.
The earned value of the Services performed shall be based upon an estimate of the
portions of the total services as have been rendered by CONSULTANT to the date of
termination and which estimate shall be as made by the CLIENT in consultation with
CONSULTANT for all Services to be paid for on a lump sum basis.
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. CLIENT may not assign this Agreement, or
any right, interests, claim, chose in action, defense, or privilege under this Agreement
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without the written consent of the other party and any such purported assignment in
violation of this provision is void ab initio. 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 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, disease, 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
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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.
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.
11 I 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.
6200 Vogel Road
Evansville, Indiana 47715
If to CLIENT: City of Jeffersonville
500 Quartermaster Court
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.
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-
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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.
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.
27.0 HEADINGS
Headings in this Agreement are for convenience only and are not intended to be used in
interpreting or construing the terms, covenants, and conditions of this Agreement.
28.0 NON-COLLUSION
The below-signed 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.
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IN WITNESS WHEREOF, the parties have hereunto executed this Agreement effective the day
and year first above written.
r
LOCHMUELLER GROUP, INC. CITY OF JEFFE S ILLE
avi . Go Signature
Regional Leader—Southern Indiana i,�
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Print Name and Title
CITY OF JEFFERSONVILLE PAGE 12 OF 12 124-2010-00W
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APPENDIX "A"
PROJECT DESCRIPTION
The project consists of the proposed improvements to the existing secondary clarifiers and
gravity thickeners at the Downtown WWTP, located at 1420 Bates-Bowyer Avenue,
Jeffersonville, Indiana. The proposed improvements at the Downtown WWTP include the
Rehabilitation of Six (6) secondary Clarifiers and two (2) gravity thickeners.
SCOPE OF SERVICES
PHASE I:
1.0 DESIGN AND PLANS
1.1 Assistance with funding efforts including technical support, application
completion, and up to four (4) meetings to assist in securing funding for this
project.
1.2 Capture high-resolution aerial image of the project site, via drone.
1.3 Rehabilitation Design
1.3.1 Prepare design and plans for Clarifiers #1, #2, #3, and #4 rehabilitation
(86' dia and 14' SWD) including the following:
• Replacement of all internal painted steel clarifier mechanisms
including center column, feed well, energy dissipating inlet, sludge
scrappers and arms, full radius skimmers and scum troughs.
Walkways, clarifier drives, FRP weirs and scum baffles and FRP
density current baffles will remain in place. All new clarifier
mechanisms will be made of SS 304 material.
• Replacement of wall PRVs and floor PRVs as required.
• Fill the cracks on the walls and floors.
• Replacement of 2" sacrificial grout in each clarifier.
1.3.2 Prepare design and plans for Clarifiers #5 and #6 rehabilitation (120' dia
and 16' SWD) including the following:
• Sand blast and repaint all internal steel mechanisms including
center column, feed well, energy dissipating inlet, sludge
scrappers and arms, full radius skimmers and scum troughs,
walkways and clarifier drives. FRP weirs and scum baffles and FRP
density current baffles will not be painted.
• Fill the cracks on the walls and floors.
CITY OF JEFFERSONVILLE PAGE 1 OF 4 APPENDIX"A"
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• Replacement of 2" sacrificial grout in each clarifier.
1.3.3 Prepare design and plans for Thickeners #1 and #2 rehabilitation (40' dia
and 12' SWD) including the following:
• Replacement of all internal painted steel thickener mechanisms
including center column, feed well, energy dissipating inlet, sludge
scrappers and arms, full radius skimmers and scum troughs.
Walkways, thickener drives, FRP weirs and scum baffles and FRP
density current baffles will also be replaced. All new thickener
mechanism will be made of SS 304 material.
• Replacement of wall PRVs and floor PRVs as required.
• Fill the cracks on the walls and floors.
• Replacement of 2" sacrificial grout in each clarifier.
1.3.4 Include in the design and plans the following:
• Addition of Electric Actuators to eight weir gates at the MLSS
splitter boxes
• Site Work and Site Piping work as required.
• Electrical and Instrumentation work as required.
1.4 Prepare a complete set of design drawings including the following:
• Cover Sheet
• Site Plan
• Plan Sheets
• Rehabilitation Sheets
• Structural, Electrical and Construction Detail Sheets
1.5 Prepare a complete Project Manual including Front End document and Technical
Specifications.
1.6 Design Phase and Submittals
1.6.1 30% Design Review Phase: Provide preliminary drawings and opinion of
probable cost estimate.
1.6.2 90% Design Review Phase: Submit of all prepared drawings,
specifications, and permits.
1.6.3 Final Design Phase: Organize and attend a Design Review Meeting of the
Final Design prior to advertisement for bid.
1.7 Prepare Engineer's Opinion of Probable Cost for project budgetary purposes at
each of the design phases.
CITY OF JEFFERSONVILLE PAGE 2 OF 4 APPENDIX"A"
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PHASE II
2.0 Bidding Services
2.1 Prepare the Advertisement for Bids.
2.2 Distribute the bid documents to potential bidders via eComm construction
information management software by Lynn Imaging.
2.3 Prepare and distribute Bid Addenda, as required.
2.4 Attend the Pre-Bid Meeting and answer questions the contractors may have
regarding the project.
2.5 Review all Bids and prepare a Letter of Recommendation for Award.
3.0 CONSTRUCTION ADMINISTRATION
3.1 Hold a Pre-Construction Meeting.
3.2 Hold Monthly Progress Meetings.
3.3 Review and approve all contractor's submittals including:
• Contract documents
• Insurance requirements
• Materials specifications
• Equipment specifications, etc.
3.4 Document and track any change orders.
3.5 Coordinate with construction schedules in order to ensure the work progresses
on time.
3.6 Review and approve monthly pay requests.
3.7 Attend a final walk through of the project.
3.8 Provide As-Built Drawings to CLIENT on a thumb drive and two full-size sets.
4.0 CONSTRUCTION INSPECTION
Provide one (1) part-time Resident Project Representative (RPR) based on the actual
hours of work performed during the construction phase.
4.1 Review the construction schedule prepared by the contractor for compliance
with the contract and give to the client detailed documentation concerning its
acceptability.
4.2 Attend pre-construction conference, progress meetings, and other such job
conferences.
4.3 Conduct on-site inspections for the client of the work in progress as a basis for
determining that the project is generally proceeding in accordance with the
Contract Documents.
4.4 Consider and evaluate the contractor's suggestions for modifications in drawings
and/or specifications and report them with recommendations.
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5.0 SERVICES NOT BEING PROVIDED UNDER THIS AGREEMENT
Any services not specifically included above are not included in CONSULTANT's Scope of
Basic Services being provided under this Agreement. The services not being provided
under this Agreement include, but are not limited to, the following:
5.1 Advising or assuming control over any aspect of the means, methods,
techniques, sequences or procedures of Contractor's work.
5.2 Advising or assuming control over security or safety practices, precautions, and
programs in connection with the activities or operations of CLIENT or Contractor.
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CITY OF JEFFERSONVILLE PAGE 4 OF 4 APPENDIX�f "A"
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APPENDIX "B"
INFORMATION AND SERVICES TO BE PROVIDED BY CLIENT
1.0 Designate in writing a person to act as CLIENT's representative with respect to the services to be
rendered under this Agreement. Such person shall have complete authority to transmit
instructions, receive information, interpret and define CLIENT's policies and decisions with
respect to the CONSULTANT's services for the Project.
2.0 Provide all criteria and full information as to CLIENT's requirements for the Project, including
design objectives and constraints, space, capacity and performance requirements, flexibility and
expandability, and any budgetary limitations.
3.0 Assist the CONSULTANT by placing at CONSULTANT's disposal all available information pertinent
to the Project including, but not limited to,the following:
• Previous reports and any other data relative to design or construction of the project.
• Available data from the transportation planning process.
• Utility plans available to the CLIENT.
• As built and other record plans for the project area.
4.0 Furnish to CONSULTANT, as required for performance of CONSULTANT's Basic Services (except
to the extent provided otherwise in Appendix "A")the following:
• Data prepared by or services of others and appropriate professional interpretations of such.
• All written views pertinent to the location and environmental studies that are received by
the CLIENT.
• Existing ambient air quality data available from State and Local Air Pollution Control Agency.
• Existing water quality data.
• Ambient noise measurements and computer noise analyses if deemed necessary.
• Traffic volumes,traffic assignments and projections, except as noted in Appendix "A".
5.0 Arrange for access to and make all provisions for CONSULTANT and Subcontractors to enter
upon public and private property as required to perform services under this Agreement.
6.0 Furnish approvals and necessary permits from all governmental authorities having jurisdiction
over the Project and such approvals and consents from others as may be necessary for
completion of the Project. Permit fees shall be paid by CLIENT at time of submission of said
applications.
7.0 Examine all studies, reports, sketches, drawings, specifications, proposals, and other documents
presented by CONSULTANT, obtain advice of attorney, insurance counselor and other
consultants as 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 CONSULTANT.
8.0 Furnish all legal services as may be required for the development of the project.
9.0 Provide written approval of completed work phases as described in Appendix "A" of this
Agreement. Accomplish reviews and provide written approvals in a timely manner.
10.0 Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in this Agreement
or other services as required.
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APPENDIX "C"
SCHEDULE
CONSULTANT shall promptly commence Services upon receipt of a written notice to proceed
and shall complete the Services in accordance with the schedule set forth below:
Final Plans and Specifications submittal within 150 days.
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APPENDIX "D"
COMPENSATION
1.0 AMOUNT OF PAYMENT
1.1 The CONSULTANT shall receive compensation for providing such professional
services under Appendix "A" of this Agreement in the amount of a total fee not-
to-exceed Eight Hundred Thousand Dollars ($800,000.00), unless an amendment
to this Agreement is executed by the parties that increases the maximum
amount payable.
1.2 The CONSULTANT shall receive compensation for such professional services for
Items 1.2, 1.6.1, 1.6.2, 1.6.3, 2.0, and 3.0 under Appendix "A" of this Agreement
on a lump sum basis in accordance with the following lump sum fee schedule:
1.2.1 Survey/Drone $15,000.00
1.2.2 30% Design Review Phase $235,000.00
1.2.3 90% Design Review Phase $185,000.00
1.2.4 Final Design Phase $90,000.00
1.2.5 Bidding Phase $50,000.00
1.2.6 Construction Administration $120,000.00
1.3 The CONSULTANT shall receive compensation for such professional services
under Item 4.0 Construction Inspection of Appendix "A" of this Agreement on an
hourly rate basis based on the rates set forth in the attached rate schedule
EXHIBIT 1, attached hereto and incorporated herein by reference. The total
compensation to be paid to the CONSULTANT shall not exceed One Hundred Five
Thousand Dollars ($105,000.00) without prior approval of the CLIENT.
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. ALL PAYMENTS SHALL BE MAILED TO
LOCHMUELLER GROUP, INC. AT 6200 VOGEL ROAD, EVANSVILLE, INDIANA
47715.
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