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Professional Engineering Services Agreement
F;orThe
Mill Creek P",mp Station Design
Jeffersqnville, Indiana
This is an agreement made as of this~ day of M..! 2007, between The City of Jeffersonville,
Indiana, acting thru its duly appointed Sewer Board (OWNER) and Shrewsberry & Associates,
LLC. (CONSULTANT) a firm of Professional Engineers and Scientists.
OWNER hereby retains CONSULTANT to perform services as described in Attachment A.
CONSULTANT agrees to perform the services in consideration of the compensation described in
Attachments Band C in accordance with the terms described in Attachment D.
This Agreement consists of this document together with Attachment A - Project Requirements,
Attachment B _ Fee Schedule, Attachment C - Hourly Billing Rates, and Attachment D - Terms and
Conditions. This agreement between the OWNER and CONSULTANT supercedes all prior written and
oral understandings. This agreement may only be amended, supplemented, modified or cancelled by a
duly executed written instrument.
In executing this Agreement, the undersigned also acknowledge their authority to bind the parties to all
terms and conditions.
In witness whereof, the parties hereto have made and executed this Agreement as of the day and year
first written.
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OWNER:
By
By
By
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CONSULTANT:
Shrewsberry & Associates, LLC
7164 Graham Road, Suite 100
Indianapolis, Indiana 46250
(317) 841-4799
B
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Professional ~ervices Agreement
Attachment A: . Project Requirements
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1. Project Description and Required Engineering Services
The City of Jeffersonville (City) plans to upgrade the existing Mill Creek pump station to account for the
growth of the service area currently served. The existing facilities will eventually need to go from current
2100 gpm peak flow to approximately 10,000 gprn peak flow. The City will accomplish this flow regimen
by installing a new 36" parallel sewer to the existing 36" PVC sanitary sewer entering the pump station by
the existing bypass structure. The existing pump station is of a wet/dry design and possesses insufficient
wet well storage space for the current flows and, anticipated future flows. This results in flow being stored
in the existing pipe and degradation in existing hydraulics.
The total project cost is estimated at $ 1,000,000.
2. Scope of Engineering Services
Provide design services related to the replacement of a 37 year old sanitary sewer pumping station with a
new submersible pumping station inclusive of a~ initial capacity of 7,500 gpm with expansion capability to
10,000gpm by adding additional pumps; proviqing additional wet well storage; reestablishing telemetry
and incorporation of existing backup power generation. The Consultant more specifically shall provide the
following:
Desiqn
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1. All Site, Structural, Hydraulic, Electrical, telemetry Design
2. Preparation of Preliminary and Final Construction Plans, Specifications, Contract
Documents based upon City-provided guidelines
3. Manage and coordinate Geotechnical Investigation with City selected consultant
Permittinq
1. Coordination with City and IDEM as required, meetings, preparations and regulatory
submittals in accordance with SRF funding criteria
Biddinq
1. Assist with Bidding, analyze Contractor bids and make award recommendations
Construction Administration
1. Construction Administration services limited to Shop Drawing review, RFI responses, and
Punch List Inspection
3. Project Schedule
Design Services shall commence upon receipt of a signed contract and notice-to-proceed, and shall be
completed within One Hundred Eighty (180) days. Consultant shall provide Owner with interim project
schedule within 30 days of Notice-To-Proceed:
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Pr,ofessional Se,rvices"Agreement
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Attachment B: Fee Schedule
The Consultant shall receive as payment for the work performed under this agreement the following fees:
As described in the scope of Services outlined in Attachment 'A' of this Agreement, compensation shall
be based on Standard Rates, Subcontracted Services, and Reimbursable Expenses, all as defined in
Attachment 'D', based on the hourly rates as defined in Attachment 'C', with a not-to-exceed budget of
Ninety Five Thousand Nine Hundred Eighty dollars ($ 95,980.00). The approximate estimated not-to-
exceed cost of each task outlined in AttachmentA, Section 2. Scope of Engineering Services is as
follows:
Task 1
Task 2
Task 3
Task 4
Design'... .................. ...... ............
Bidding and Award Services......... .
Permitting process... ...... ...... ...... .
Construction Administration
Reimbursable Expenses (4% Estimated) ...
$79,0006.00
$ 3,228.00
$ 4,380.00
$ 5,916.00
$ 3,450.00
(based upon 15 Sets of Plans and Specifications at 15 sheets of construction drawings per set)
These estimates are for the purpose of budget-tracking only. The CONSULTANT shall not exceed the
r total not-to-exceed amount of $ 95,980.00, unless approved by the OWNER.
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Professional Services Agreement
Attachment C: Hourly Billing Rates
Shrewsberry 1& Associates, LLC
2007
S&A Project Number: Jacobi, Toombs and Lanz, Inc. - Mill Creek
Pump Station Design
As of: 11/19/2007 14:42
Hourly Billinq Rates by Employees and Classifitation
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Group Salary Employee Group
No. Classifications Name Billing Rate
10 Principal Group 10 Billing Rate $ 222.09
Shrewsberry, William
Group Director - Environmental Engineering,
9 Environmental Compliance, Transportation Group 9 Billing Rate $ 160.06
Services, Construction Services
Beache, Kenneth D.
Chandler, Jeanne
Wiesinger, Joseph K.
f"'. Wilson, D. Blake
8 Senior Environmental Engineer, Senior Group 8 Billing Rate $ 122.19
Transportation Engineer
McKee, Dennis
Environmental Engineering Manager II,
7 Transportation Engineering Manager II, Group 7 Billing Rate $ 101.28
Senior Compliance Manager II
Epps, Vince L.
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Senior Compliance Manager, Environmental
Engineering Manager II, Transportation
Project Manager II, Construction Services
Manager II
Group 6 Billing Rate
$ 95.08
Rolle, Eric J.
Williams, E. Sahara
Port, Juliet E.
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Environmental Engineering Manager I,
Transportation Engineering Manager I,
Construction Services Engineer III, Cadd
Designer II, Environmental Compliance
Manager II
Group 5 Billing Rate
$ 83.53
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Arnold, Gary L.
Ericson, Joel B.
Lowe, Donald C.
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Terms & Conditions Rev 10/27/1
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Page, Ronald L.
Thompson, Michael A.
Venugopalan, Srikanth
Construction Services Engineer II, Contracts
Manager, Cadd Designer I, Transportation
4 Project Engineer II, Environmental Project Group 4 Billing Rate $ 69.69
Engineer II, Environmental Compliance
Manager I
Johnston, Ana G.
Wilson, Charlene
Ferestad, Susan K.
Transportation Project Engineer I,
Environmental Project Engineer I,
3 Environmental Compliance Consultant I, Group 3 Billing Rate $ 63.16
Environmental Geologist I, Constructiqn
Services Engineer I, Cadd technician II,
Administrative Assistant III
Ake, Emmanuel O.
Bean, Kandas D.
Love, Jacob
Osei-Abebrese, Jennifer
Whitaker, Susan M.
Williams, Steven E.
Wafford, Kimberly
(\ 2 Administrative Assistant II, Cadd Technician I Group 2 Billing Rate $ 53.57
Ross, Beverly A.
Weddle, Sharol L.
1 Administrative Assistant I, Environmental Group 2 Billing Rate $ 47.36
Technician
Callender, Monique C.
LaPointe, Benjamin M.
By my hand, I Kenneth D. Beache. COO certify the above to be the true and accurate
hourly billing rates and classifications for the i~dividuals listed as of the date indicated.
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Terms & Conditions Rev 10/27/(
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Professional, Services Agreement
Attachment 0: Terms & Conditions
("\ To ensure a better understanding of Shrewsberry & Associates' services to City of Jeffersonville (aOwner"), this letter
is to confirm Owner's request for services and to outline the terms of Shrewsberry & Associates' contractual
arrangement with Owner.
SCOPE OF SERVICES: We have written a job order for the following service(s): Provide design services related to the
replacement of a 37 year old sanitary sewer pumping station with a new submersible pumping station inclusive of an
initial capacity of 7,500 gpm with expansion capability to 10,OOOgpm by adding additional pumps; providing additional
wet well storage; reestablishing telemetry and incorporation of existing backup power generation.
COMPENSATION: The Services will be performed under this contract for a $95,980. A copy of the current rate
schedule is attached hereto and made a part of this contract. Please Note: Any estimated fees set forth in this
contract are given as a general estimate only, assuming comparable projects with average difficulty. Any estimated
fee should not be interpreted as a not to exceed fe~ or fixed fee. In the event that we exceed an estimated fee by
more than ten percent (10%), we will notify you in writing. Please note: From time to time Shrewsberry & Associates
revises its rate schedule to compensate for increase(j overhead and expenses. In the event a revision is made to the
rate schedule, you will be notified in writing.
PAYMENT TERMS: Payment shall be rendered as, follows:
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. Payment shall be due thirty (30) days frOI1) date of invoice upon receipt of the invoice. Invoices not
contested in writing within ten (10) business days of receipt are considered accepted by Owner and are payable in
full.
. By executing this Engagement Contract for Services, the authorized signer accepts full responsibility for payment
of this invoice regardless of third party involvement or outside financing arrangements. In the event of a third party
or subcontractor relationship, payment to Shrewsberry & Associates will be made within forty-five (45) days of the
date of the Shrewsberry & Associates invoic~. Failure to make payment as provided herein could result in
Shrewsberry & Associates filing a lien on the real property which is the subject of this Contract.
. Interest at 1%% per month, effective rate of 18% per annum, will be due and payable on amounts not paid within
thirty (30) days.
. Shrewsberry & Associates shall be entitled t9 attorney's fees and other costs incurred by us in collecting
delinquent accounts.
. By executing this Engagement Contract for Services, Owner waives any limitation on the period in which
Shrewsberry & Associates may file notice of intention to hold a lien against the owner's property to secure
payment of our fees.
REIMBURSABLE EXPENSES: Costs for advance!;) and other reimbursables including but not limited to, blueprints,
photography, equipment charges, courier fees and mileage are included in the fee and estimated at $3,450.
INVOICES: Unless otherwise agreed upon, Shrewsberry & Associates will submit monthly invoices to Owner for
Services performed and advances to date. Our invoice will be sent to:
Jeffersonville Sewer Board
clo Mr. Jorge Lanz, PE
Jacobi, Toombs and Lanz Inc
120 Bell Avenue
Clarksville, IN 47129
ADDITIONAL SERVICES: Services resulting from significant changes in the scope, extent or character of the portion
of the Project designed or specified by Shrewsberry & Associates or its design requirements including, but not limited
to, changes in size, complexity, Owner's schedule, character of construction or method of financing; and revising
previously accepted studies, reports, drawings, specifications or contract documents when such revisions are required
by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such
studies, reports, drawings, specifications or contract documents, unforeseen conditions or are due to any other
causes beyond Shrewsberry & Associates' control., Change in Services shall entitle Shrewsberry & Associates to an
adjustment in compensation. Shrewsberry & Associates shall notify the Owner of these changes prior to providing
such services.
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CONSENT OF OWNER: The undersigned is the owner of the property or the authorized agent of the owner on which
SelVice described above is to be performed and hereby consents to performance of the SelVice. The parties to this
contract agree that this letter agreement may be executed simultaneously or in two or more counterparts each of
which shall be deemed an original but all of which together shall constitute one and the same document. The parties
hereto further agree that delivery of this document may be accomplished by electronic facsimile reproduction (FAX)
and if FAX delivery is utilized, the FAX copy shall constitute an original.
INDEMNIFICATION: Shrewsberry & Associates and Owner each agree to indemnify, defend and hold harmless
each other from all claims and suits, including court costs, attorneys' fees, and other expenses, caused by its
negligent acts or omissions under the performance of its prOfeSS]!;. nal selVicestJ;der tl}ois 4ement.
te'OPA?1S W~ 6,)\ WI. IU"~ U~
TERMINATION: The obligation provide further selVices un er this Enga ement Contract for SelVices may be
terminated by either party upon V8R (7) e1eye' written notice . t~e 8'J81=1t 8f €ybstar:ltial f<>ih 1rI:l. by the other party to
perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination,
Shrewsberry & Associates will be paid for all selVices rendered to the date of termination, reimbursables and
termination expenses.
DELAYS: Shrewsberry & Associates shall not be. responsible for delays in its work occasioned by fires, floods,
explosions, riots, strikes, errors, acts of God or change in government regulations. Should a delay occur for a reason
outlined herein, the term of this agreement shall automatically be extended for a period equal to the delay.
INSTRUMENTS OF SERVICE: Drawings, specifications and other documents, including those in electronic format,
prepared by Shrewsberry & Associates and its conl'ultants, are Instruments of SelVice for use solely with respect to
this project. Shrewsberry & Associates and its cons\Jltants shall be deemed the authors and owners of their respective
Instruments of SelVice and shall retain all common law, statutory and other reselVed rights, including copyrights.
Upon execution of this Engagement Contract for SelVices and upon all monies due and owing to Shrewsberry &
Associates from Owner, Shrewsberry & Associates grants to Owner a nonexclusive license to reproduce Shrewsberry
& Associates' Instrument of SelVice. Owner shall not use the Instruments of SelVice for future additions or alterations
to the Project without the prior written consent of Sh'rewsberry & Associates. Any unauthorized use of the Instruments
of SelVice shall be at Owner's sole risk and without liability to Shrewsberry & Associates and/or Shrewsberry &
Associates' consultants. !
PROVIDED DOCUMENTATION: Shrewsberry & Associates shall be entitled to rely on the accuracy and
completeness of selVices and information furnished by the Owner. Shrewsberry & Associates shall provide prompt
written notice to the Owner if Shrewsberry & Associates becomes aware of any errors, omissions or inconsistencies in
such selVices or information and it shall be the responsibility of Owner to correct any errors, omissions or
inconsistencies. .
GOVERNING LAW: The laws of the State of Indial')a shall govern as to all questions arising under this Engagement
Contract for SelVices.
INSURANCE: Shrewsberry & Associates confirms that we have Comprehensive General Liability, Worker's
Compensation, Automobile Liability, Umbrella Liability and Errors and Omissions Insurance in the minimum as
follows:
I.
II.
Worker's Compensation - statutory 100/500/100 limit
Comprehensive General Liability with following limits and endorsements:
o $1,000,000 Combined Single Limit
o Independent Contractors Coverage
o "x,c,u" exclusions deleted - if applicable
Automobile Liability - $1,000,000 Combined Single Limit Covering all owned, non-owned and/or
hired vehicles.
Umbrella Liability - $1,000,000 Limit
Errors and Omissions Insurance ~ $2,000,000 Limit
III.
IV.
V.
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