HomeMy WebLinkAboutWWTP Outfall to Mill CreekProfessional Engineering Services Agreement
For The
Jeffersonville VW11TP Outfall to Mill Creek
Design Services
Jeffersonville, Indiana
This is an agreement made as of this Zu~day of ~.Ct • 2008, between The City of Jeffersonville,
Indiana, acting thru its duly appointed Sewer Board (OWNER) and Heritage Engineering, LLC
(CONSULTANT) a firm of Professional Engineers.
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 B and 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 supersedes 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.
OWNER:
Jeffersonville Sewer Board
Jeffersonville, Indiana
500 Quartermaster Court
Jeffersonville, Indiana 47130
(812) 285-6
By ~`' ~
ayor Thomas ~ li an, President
i ~--
By ',~f.r ;'~
Jeff A. Ca ell, Member
~~ S
By
William A. Saegesser ., P.L.S., Member
CONSULTANT:
Heritage Engineering, LLC
603 North Shore Dr., Unit 204
Jeffersonville, Indiana 47130
(812) 280-8201
By ~l L e :.
Robert . Woosley, Jr, .E ,President
'._ ...
Witness bf ~~ ~~„/
Bill Sanders, P.E., Vice President
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Professional Services Agreement
Attachment A: Project Requirements
0. Project Description and Required Engineering Services
The purpose of this project is to provide a new outfall line for the Jeffersonville WWTP. The proposed
outfall will discharge into Mill Creek near Willinger Lane.
2. Scope of Engineering Services
The Consultant shall provide the following:
Design
1. Verify Contributing Drainage Area, Size the Outfall Pipe, and Perform a
Detailed Field Investigation
2. Research all existing utilities
3. Prepare Preliminary Plans
4. Identify easement needs and impacts on properties.
5. Preparation of Final Construction Plans
6. Provide assistance in the preparation of easement plats and/or consent
release documents.
7. Preparation of Specifications, Contract Documents for Bidding.
8. Coordination with the Owner, and the Indiana Department of
Environmental Management (IDEM), including preparation and submittal
of any permit applications that may be required.
9. Assist the Owner in bidding the work, analyze Contractor bids received,
make award recommendation.
Survey: not included in this Contract. Survey data shall be provided by the Owner.
3. Project Schedule
Design Services shall commence upon receipt of a signed contract and notice-to-proceed, and shall be
completed within three (3) months.
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Professional Services Agreement
Attachment B: Fee Schedule
The Consultant shall receive as payment for the work performed under this agreement the following fees:
For Item 2.1., Design, as described 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 snot-to-exceed budget of thirty eight
thousand seven hundred niney nine dollars ($ 38,799.00). The approximate estimated not-to-exceed cost
of each task outlined in Attachment A, Section 2. Scope of Engineering Services is as follows:
2.1.1 .............................. ............... $ 4,404.00
2.1.2 .................. ............ ............... $ 2,348.00
2.1 3 .............................. .............. $ 3,108.00
2.1.4 .............................. ............... $ 974.00
2.1.5 .............................. ............... $ 20,188.00
2.1.6 .............................. ............... $ 3,254.00
2.1.7 .............................. ............... $ 2,316.00
2.1.8 .............................. ............... $ 532.00
2.1.9 .............................. ............... $ 1,240.00
Estimated Direct Costs ..... ............... $ 435.00
These estimates are for the purpose of budget-tracking only. The CONSULTANT shall not exceed the
total not-to-exceed amount of $ 38,799.00, unless approved by the OWNER.
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Professional Services Agreement
Attachment C: Hourly Billing Rates
HERITAGE ENGINEERING, LLC
2008/2009
SYMBOL CLASSIFICATION *HOURLY
BILLING RATE
SE Senior Engineer/Principal (P.E.) 133.00
PM Project Manager (P.E.) 93.00
PE Project Engineer (P.E.) 84.00
Eng/Hydro. Engineer/Hydrologist 67.00
SR Tech/Designer CADD Manager 81.00
CT CADD Technician/Draftsperson 72.00
Admin Asst Administrative Assistant 46.00
EXP Mileage -Per Mile 0.585
* Overtime is charged at l.5 times the regular billing rate.
The Hourly Billing Rates shown in this schedule are effective until Dec. 31, 2009. HERITAGE
ENGINEERING reserves the right to adjust the Hourly Billing Rates after that date. Nevertheless, the
estimated not-to-exceed amounts will not be exceeded unless approved by the owner.
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4 Terms & Conditions Rev 10/27/0
Professional Services Agreement
Attachment D: Terms & Conditions
Services Heritage Engineering, LLC (Heritage
Engineering) will perform services for the Client with
these Terms & Conditions. Heritage Engineering has
developed the Project scope of service, schedule, and
compensation based on available information and
various assumptions. The Client acknowledges that
adjustments to the schedule and compensation may
be necessary based on the actual circumstances
encountered by HERITAGE ENGINEERING in
performing their services.
Authorized Representatives The officer assigned to
the Project by HERITAGE ENGINEERING is the only
authorized representative to make decisions or
commitments on behalf of HERITAGE
ENGINEERING. The Client shall designate a
representative with similar authority.
Project Requirements The Client shall confirm the
objectives, requirements, constraints, and criteria for
the Project at its inception. If the Client has
established design standards, they shall be furnished
to HERITAGE ENGINEERING at Project inception.
HERITAGE ENGINEERING will review the Client
design standards and may recommend alternate
standards considering the standard of care provision.
Site Access The Client shall obtain all necessary
approvals for HERITAGE ENGINEERING to access
the Project site(s).
Period of Service HERITAGE ENGINEERING shall
perform the services for the Project in a timely
manner consistent with sound professional practice.
HERITAGE ENGINEERING will strive to perform its
services according to the Project schedule set forth in
Attachment C. The services of each task shall be
considered complete when deliverables for the task
have been presented to the Client. HERITAGE
ENGINEERING shall be entitled to an extension of
time and compensation adjustment for any delay
beyond HERITAGE ENGINEERING control.
Compensation In consideration of the services
performed by HERITAGE ENGINEERING, the Client
shall pay HERITAGE ENGINEERING in the manner
set forth in Attachment B. The parties acknowledge
that terms of compensation are based on an orderly
and continuous progress of the Project.
Compensation shall be equitably adjusted for delays
or extensions of time beyond the control of
HERITAGE ENGINEERING.
Payment Definitions The following definitions shall
apply to methods of payment:
• Salary cost is defined as the individual's base
salary plus customary and statutory benefits.
Statutory benefits shall be as prescribed by law
and customary benefits shall be as established
by HERITAGE ENGINEERING employment
policy.
• Cost plus is defined as the individual's base
salary plus actual overhead plus professional fee.
Overhead shall include customary and statutory
benefits, administrative expense, and non-project
operating costs.
• Lump sum is defined as a fixed price amount for
the scope of services described.
• Standard Rates is defined as individual time
multiplied by standard billing rates for that
individual.
• Subcontracted services are defined as Project
related services provided by other parties to
HERITAGE ENGINEERING
• Reimbursable expenses are defined as actual
expenses incurred in connection with the Project.
Payment Terms HERITAGE ENGINEERING shall
submit monthly invoices for services performed and
Client shall pay the full invoice amount within 30 days
of the invoice date. Invoices will be considered correct
if not questioned in writing within 10 days of the
invoice date. HERITAGE ENGINEERING shall be
entitled to a 2% per month administrative charge in
the event of payment delay. Client payment. to
HERITAGE ENGINEERING is not contingent on
arrangement of project financing. Invoice payment
delayed beyond 60 days shall give HERITAGE
ENGINEERING the right to stop work until payments
are current. Non-payment beyond 70 days shall be
just cause for termination by HERITAGE
ENGINEERING.
Additional Services The Client and HERITAGE
ENGINEERING acknowledge that additional services
may be necessary for the Project to address issues
that may not be known at Project initiation or that may
be required to address circumstances that were not
foreseen. In that event, HERITAGE ENGINEERING
shall notify the Client of the need for additional
services and the Client shall pay for such additional
services in an amount and manner as the parties may
subsequently agree.
Independent Consultant HERITAGE
ENGINEERING shall serve as an independent
consultant for services provided under this
agreement. HERITAGE ENGINEERING shall retain
control over the means and methods used in
performing their services and may retain
subconsultants to perform certain services as
determined by HERITAGE ENGINEERING.
Standard of Care Services provided by HERITAGE
ENGINEERING will be performed with the care and
skill ordinarily exercised by members of the same
profession practicing under similar circumstances.
HERITAGE ENGINEERING will not be liable for the
cost of any omission that adds value to the Project..
Compliance with Laws HERITAGE ENGINEERING
shall perform its services consistent with sound
professional practice and endeavor to incorporate
laws, regulations, codes, and standards applicable at
the time the work is performed. In the event that
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standards of practice change during the Project,
HERITAGE ENGINEERING shall be entitled to
additional compensation where additional services
are needed to conform to the standard of practice.
Permits and Approvals HERITAGE ENGINEERING
will assist the Client in preparing applications and
supporting documents for the Client to secure permits
and approvals from agencies having jurisdiction over
the Project. The Client agrees to 'pay all application
and review fees.
Ownership of Documents Documents prepared by
HERITAGE ENGINEERING for the Project are
instruments of service and shall remain the property
of HERITAGE ENGINEERING. Record documents of
service shall be based on the printed copy.
HERITAGE .ENGINEERING will furnish documents
electronically, however the Client releases
HERITAGE ENGINEERING from any liability that may
result from documents used in this form. HERITAGE
ENGINEERING shall not be held liable for reuse of
documents for any purpose other than those intended
under the Project.
Insurance HERITAGE ENGINEERING will maintain
the following insurance and coverage limits during the
period of service. The Client will be named as an
additional insured on the Commercial General Liability
and Automobile Liability policies.
Worker's Compensation $500,000 per Accident
and $500,000 Policy Limit
Commercial General $1,000,000 per
Liability occurrence (bodily injury
including death &
property damage)
$2,000,000 aggregate
Automobile Liabilitv $1,000,000 combined
single limit for bodily
injury
and property damage
Professional Liabilitv $500,000 each claim and
in the aggregate
The Client shall make arrangements for Builder's
Risk, Protective Liability, Pollution Prevention, and
other specific insurance coverage warranted for the
Project in amounts. appropriate to the Project value
and risks. HERITAGE ENGINEERING shall be a
named insured on those policies where HERITAGE
ENGINEERING may be at risk. The Client shall
obtain the counsel of others in setting insurance limits
for construction contracts.
Waiver of Subrogation HERITAGE ENGINEERING
shall endeavor to obtain a waiver of subrogation
against the Client, if requested in writing by the Client,
provided that HERITAGE ENGINEERING will not
increase its exposure to risk and Client will pay the
cost associated with any premium increase or special
fees.
Indemnification HERITAGE ENGINEERING shall
indemnify the Client from any reasonable damages
caused solely by the negligent act, error, or omission
of HERITAGE ENGINEERING in the performance of
services under the Project. If such damage results in
part by the negligence of another party, HERITAGE
ENGINEERING shall be liable only to the extent of
their proportional negligence.
Limitation of Liability In recognition of the relative
risks and benefits of the project to both the Client and
HERITAGE ENGINEERING, the risks have been
allocated. The Client agrees to limit the liability of
HERITAGE ENGINEERING for all claims related to
the Project at $50,000 or the net income realized by
HERITAGE ENGINEERING for the Project, whichever
is greater.
Third Party Claims The Client will compensate
HERITAGE ENGINEERING for services performed in
defense of any third party claim unless the claim
resulted from the negligent act, error or omission of
HERITAGE ENGINEERING.
Legal Expense In the event that either party takes
legal action against the other that is not prosecuted, is
dismissed, or if the decision is rendered for the other
party, the party taking legal action agrees to pay the
other their attorney fees, court costs, and defense
expenses within 30 days of the court action.
Lien Rights HERITAGE ENGINEERING may file a
lien against the Client's property in the event that the
Client does not make payment within the time
prescribed in this agreement. The Client agrees that
services by HERITAGE ENGINEERING are
considered property improvements and the Client
waives the right to any legal defense to the contrary.
Consequential Damages Neither the Client nor
HERITAGE ENGINEERING shall be liable to the
other for any consequential damages regardless of
the nature or fault.
Environmental Matters The Client warrants they
have disclosed all potential hazardous materials that
may be encountered on the Project. In the event
unknown hazardous materials are encountered,
HERITAGE ENGINEERING shall be entitled to
additional compensation for appropriate actions to
protect the health and safety of its personnel, and for
additional services required to comply with applicable
laws. The Client shall indemnify HERITAGE
ENGINEERING from any claim related to hazardous
materials encountered on the Project except for those
events caused by negligent acts of HERITAGE
ENGINEERING.
Cost Opinions HERITAGE ENGINEERING shall
prepare cost opinions for the Project based on
historical information that represents the judgment of
a qualified professional. The Client and HERITAGE
ENGINEERING acknowledge that actual costs may
vary from the cost opinions prepared and that
HERITAGE ENGINEERING offers no guarantee
related to the Project cost.
Independent Counsel The Client agrees to obtain
independent legal and financial counsel for the
Project considering HERITAGE ENGINEERING does
not furnish these services.
Contingency Fund The Client acknowledges the
potential for changes in the work during construction
and the Client agrees to include a contingency fund in
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the Project budget appropriate to the potential risks
and uncertainties associated with the Project.
HERITAGE ENGINEERING may offer advice
concerning the value of the contingency fund;
however, HERITAGE ENGINEERING shall not be
liable for additional costs that the Client may incur
beyond the contingency fund they select unless such
additional cost results from a negligent act, error, or
omission related to services performed by HERITAGE
ENGINEERING.
Contractor Selection HERITAGE ENGINEERING
may make recommendations concerning award of
construction contracts and products. The Client
acknowledges that the final selection of construction
contractors and products is their sole responsibility.
Shop Drawing Review If included in the scope of
service, HERITAGE ENGINEERING shall review
shop-drawing submittals from the contractor solely for
their conformance with the design intent of and
performance criteria specified for the Project.
HERITAGE ENGINEERING shall not be liable for the
performance of or consequential damages of any
equipment furnished by the contractor under the
Project.
Construction Review If included in the scope of
service, HERITAGE ENGINEERING shall observe the
progress and content of the work to determine if the
work is proceeding in general accordance with the
Contract Documents. This construction review is
intended to observe, document, and report
information concerning the construction process.
Observation of work at the Project site shall not make
HERITAGE ENGINEERING responsible for the work
performed by another party, the means, methods,
techniques, sequences, or procedures selected by
another party, nor the safety precautions or programs
of another party.
Rejection of Work HERITAGE ENGINEERING may
recommend that the Client reject work by construction
contractors that does not conform to the requirements
of the Project.
Safety HERITAGE ENGINEERING shall be
responsible solely for the safety precautions or
programs of its employees and no other party.
Information from Other Parties The Client and
HERITAGE ENGINEERING acknowledge that
HERITAGE ENGINEERING will rely on information
furnished by other parties in performing its services
under the Project. HERITAGE ENGINEERING shall
not be liable for any damages that may be incurred by
the Client in the use of third party information.
Construction Record Drawings If included in the
scope of service, HERITAGE ENGINEERING will
deliver drawings to the Client incorporating
information furnished by construction contractors. In
that construction record drawings are based on
information provided by others, HERITAGE
ENGINEERING cannot and does not warrant their
accuracy.
Force Majeure Neither party will hold the other
responsible for damages or delay caused by Acts of
God, acts of war, strikes, accidents, or other events
beyond the other's control.
Dispute Resolution The Client and HERITAGE
ENGINEERING agree that they shall diligently pursue
resolution of all disagreements within 45 days of
either party's written notice using a mutually
acceptable form of mediated dispute resolution prior
to exercising their rights under law. HERITAGE
ENGINEERING shall continue to perform services for
the Project and the Client shall pay for such services
during the dispute resolution process unless the
Client issues a written notice to suspend work.
Suspension of Work The Client may suspend
services performed by HERITAGE ENGINEERING
with cause upon fourteen (14) days written notice.
HERITAGE ENGINEERING shall submit an invoice
for services performed up to the effective date of the
work suspension and the Client shall pay HERITAGE
ENGINEERING all outstanding invoices within
fourteen (14) days. If the work suspension exceeds
thirty (30) days from the effective work suspension
date, HERITAGE ENGINEERING shall be entitled to
renegotiate the Project schedule and the
compensation terms for the Project.
Termination The Client or HERITAGE
ENGINEERING may terminate services on the
Project upon 30 days written notice with or without
cause. HERITAGE ENGINEERING shall submit an
invoice for services performed up to the effective date
of termination and the Client shall pay HERITAGE
ENGINEERING 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.
Governing Law The terms of agreement shall
be governed by the laws of the state where the
services are performed provided that nothing
contained herein shall be interpreted in such a
manner as to render it unenforceable under the
laws of the state in which the Project resides.
Assignment Neither party shall assign its rights,
interests or obligations under the Project without
the express written consent of the other party.
Waiver of Rights The failure of either party to
enforce any provision of these terms and
conditions shall not constitute a waiver of such
provision nor diminish the right of either party to
the remedies of such provision.
Warranty HERITAGE ENGINEERING warrants
that they will deliver products under the Project
within the standard of care. HERITAGE
ENGINEERING provides no other expressed or
implied warranty.
Severability Any provision of these terms later
held to violate any law shall be deemed void and
all remaining provisions shall continue in force.
In such event, the Client and HERITAGE
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7 Terms & Conditions Rev 10/27/05
ENGINEERING will work in good faith to replace
an invalid provision with one that is valid with as
close to the original meaning as possible.
Survival All provisions of these terms that
allocate responsibility or liability between the
Client and HERITAGE ENGINEERING shall
survive the completion or termination of services
for the Project.
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8 Terms & Conditions Rev 10/27/0
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