HomeMy WebLinkAboutService Proposal
January 19, 2010
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Jeffersonville Sewer Department
1420 Pennsylvania Avenue
Jeffersonville, Indiana 47130
Attention: Mr. Len Ashack
PROFESSIONAL SERVICES PROPOSAL
Proposed Canal Feasibility Study
Jeffersonville, Indiana
CS Proposal No. 10M-01/19a
Dear Len:
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Weare pleased to present this proposal for a portion of a feasibility study for the
referenced project in Jeffersonville, Indiana. This proposal includes our understanding
of the the ro osed scope af services, a fee estimate, and a
Proj ect information was provided by you during numerous meetings in the late summer
and early fall of 2009. In response to actions required under a Cansent Decree with the ...
U.S. Environmental Protection Agency to correct combined sewer overflows into the
Ohio River, representatives of the City of Jeffersonville, Indiana, have explored
methods to implement the necessary infrastructure improvements while creating a
positive impact on the overall health of the city. Through the course of exploration
various proactiveopti?ns'~i~~~1~l11~E~~~?:~.~l11~1~~ . number of
problems plaguing the city~notjustthgSy :t'"e~at~q..tQJn ....
Preliminary discussions produced three potential alignments that would serve the
apparent needs. The first alignment originates at Eighth Street and Indiana A venue and
extends to the east to Michigan Avenue, to the south to Court Avenue, and south along
Mulberry Street to the Ohio River. The second alignment originates in the same place,
extends to the east to Spring Street, and south along Spring Street to the Ohio River.
The third alignment begins at Eighth Street and Indiana Avenue, as well, and extends tlO
the east to Michigan Avenue, to the south to Seventh Street, to the east to Walnut Street,
and south to the Ohio River.
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Very basic design t evaluation to allow the
three alignments to be studied. The canal was assumed to be 40 feet wide and 4 feet
deep for the purposes of the study.
www.construct-solutions.com
Jeffersonville, Indiana
January 19, 20UJ
SCOPE OF WORK
It is our intent to perform preliminary research and assessment activities in order to
identify insurmountable obstacles that' would prohibit successful completion of a canal
along the proposed alignments. Portions of the study, including utility identification,
hydraulic and hydrologic evaluation,' easement location, and other scope items, are
being conducted concurrently by representatives of Strand Associates and Jacobi
Toombs and Lanz. The intent is to produce a single document addressing all major
factors which could create significant project obstacles and which would make further
pursuit of a canal option imprudent.
Task items to be completed by Construction Solutions include:
o Explore general soil conditions
o Research published information about archeological sites in the area
o Research published information about cultural resources within the
alignment
o Research possible contamination based on historic land use (database
search, Sanborn maps, city directories, historical aerial photographs,
IDEM files)
o Review necessary infrastructure and improvements related to proposed
large proj ects '
o Research endangered species issues (mussels) at the proposed outfall
o Evaluate property acquisition costs
o Evaluate property acquisition hurdles
o Review proximity issues to proposed new large projects
o Provide preliminary construction estimate
o Provide preliminary construction schedule
These activities are not intended to constitute any of the following: Phase I
Environmental Site Assessment, Section 106 Review, NEPA Environmental
Assessment, geotechnical exploration for foundation design, or comprehensive
construction estimate. These activities are only intended to identify obvious or overt
insurmountable obstacles for the proposed canal project.
S!CHEDULE
Based on your verbal authorization, some work has been started. Report sections will
be transmitted to you and to Strand for compilation into a single report. All report
sections can be completed by January 11, 2010, with the exception of construction
estimate and schedule, which were dependent on information from Strand that was not
provided until the week of January 11,'2010.
FEE ESTIMATE
The scope of work provided in this proposal can be performed for the lump sum fee of
$105,000.00 (one hundred five thousand dollars). If additional activities are deemed
necessary, a revised fee schedule will be provided for your approval. No additional fees
will be incurred without your prior approval. If, at the client's request, at any time after
"
Jeffersonville, Indiana
January 19,2010
the start of this project and prior to the completion of this project, the project is
terminated, a prorated fee will be calCulated based upon the work completed up to the
point that the proj ect is terminated.
AUTHORIZATION
You may authorize our work on this project by your signature on the next page. You
may wish to issue a purchase order; however, this proposal and the contract l)umber
must be referenced on the purchase order. Please note that your signature implies
acceptance of the attached Contract Terms. We must have a signed copy of this entire
document in order to proceed with the project.
We appreciate the opportunity to provide you with geotechnical services. If we can
answer any questions, please call.
OLUTIONS, LLC
PROPOSAL ACCEPTANCE
Project:
Location:
Proposed Canal Feasibility Study
Downtown Area '
Jeffersonville, Indiana
Client:
Jeffersonville Sewer Department
1420 Pennsylvania A\renue
Jeffersonville, Indiana 47130
NAM :
TITLE: It! r
DATE: / J.( / It?
PRINTED NAME:/ 7 ff ~ A ff-S
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(Please note that your signature implies acceptance of the attached Contract Terms
and the full CS Proposal No.1 OM-Ol/19a document).
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Contract Terms
1. PARTIES AND SCOPE OF WORK: Construction Solutions, LLC (hereinafter referred to as "CS") shall include said company
performing the work. "Work" means the specific geotechnical, analytical, testing or other service to be performed by CS as set forth
in CS's proposal, the clients' acceptance thereof and these Contract Terms. "Client" refers to the person or business entity ordering
the work to be done by CS. If the client is ordering the work on behalf of another, the client represents and warrants that the client
is the duly authorized agent of said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, the
client assumes sole responsibility for determining whether the quantity and the nature of the work ordered by the client is adequate
and sufficient for the clients' intended purpose. Client shall communicate these Contract Terms to each and every third party to
whom the client transmits any part of CS's work. CS shall have no duty or obligation to any third party greater than that set forth in
CS's proposal, client's acceptance thereof and these Contract Terms. The ordering of work from CS shall constitute acceptance of
the terms ofCS's proposal and these Contract Terms.
2. TESTS AND INSPECTIONS: Client shall cause all tests and inspections of the site, materials and work performed by CS or
others to be timely and properly performed in accordance with the plans, specifications and contract documents, and CS's
recommendations. No claims for loss, damage or injury shall be brought against CS by client or any third party unless all tests and
inspections have been so performed and unless CS's recommendations have been followed. Client agrees to indenmify, defend and
hold CS, its officers, employees and agents harmless from any and all claims, suits, losses, costs and expenses, including, but not
limited to, court costs and reasonable attomey's fees in the event that all such tests and inspections are not so performed or CS's
recommendations are not so followed except to the extent that such failure is the result of a negligence, willful or wanton act or
omission of CS, its officers, agents or employees.
3. SCHEDULING OF WORK: The services set forth in CS's proposal and client's acceptance will be accomplished in a timely,
workmanlike and professional manner by CS personnel at the prices quoted. If CS is required to delay commencement of the work
or if, upon embarking upon its work, CS is required to stop or interrupt the progress of its work as a result of changes in the scope of
the work requested by the client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other
causes beyond the direct reasonable control of CS, additional charges will be applicable and payable by client.
4. ACCESS TO SITE: Client will arrange and provide such access to the site as is necessary for CS to perform the work. CS shall
take reasonable measures and precautions to minimize damage to the site and"'any improvements located thereon as the result of its
work or the use of its equipment; however, CS has not included in its fee the cost of restoration of damage which may occur.
Restoration of or reparation for damage to crops on agricultural land is not included in the fee stated in this proposal. Closing of
open soil boring holes created by CS's activities is included in the fee stated in this proposal. If client desires or requires CS to
restore the site to its former condition, upon written request CS will perform such additional work as is necessary to do so and client
agrees to pay to CS the cost thereof.
5. DAMAGE TO EXISTING MAN-MADE OBJECTS: Unless CS has assumed in writing the responsibility of locating
subsurface or latent conditions, client agrees to indemnify and save CS harmless from all claims, suits, losses, costs and expenses,
including reasonable attorney's fees as a result of pers'onal injury, death or property damage occurring with respect to CS's
performance of its work and arising from subsurface or latent conditions or damage to subsurface or latent objects, structures, line or
conduits where the actual or potential presence and location thereof was not revealed to CS by client.
6. PAYMENT: Client shall be invoiced at the completion of the work described in this proposal. Client agrees to pay the invoice
within thirty (30) days of its receipt. Interest in the amount of 1.5% per month will be applied to all past due invoices.
7. TERMINATION: This agreement may be terminated by either party upon seven day's prior written notice. In the event of
termination, CS shall be compensated by client for all services performed up to and including the termination date, including
reimbursable expenses, and for the completion of such services and records as are necessary to place CS's files in order and/or
protect its professional reputation.
8. WARRANTY: CS's services will be performed, its finding obtained and its reports prepared in accordance with its proposal,
client's acceptance thereof, these Contract Terms, and with generally accepted principles and practices. In performing its
professional services, CS will use that degree of care and skill ordinarily exercised under similar circumstances by members of its
profession. This warranty is in lieu of all other warranties or representations, either express or implied. Statements made in CS
reports are opinions based upon engineering judgment and are not to be construed as representations offact.
Should CS, or any of its professional employees be found'to have been negligent in the performing of professional services or work
or to have made and breached any express or implied warranty, representation or contract, client, all parties claiming through client
and all parties claiming to have in any way relied upon CS's services or work agree that the maximum aggregate amount of the
liability of CS, its officers, employees and agents shall be limited to $1,000,000 or the total amount of the fee paid to CS for its
work performed with respect to the project whichever amount is greater.
9. INDEMNITY: Except to the extent specifically addressed in paragraph 8, client agrees to indenmify, defend and hold CS, its
officers, employees, agents, and independent contractors harmless from any and all claims, suits, losses, costs and expenses,
including but not limited to court costs and reasonable attorney's fees arising or alleging to have arisen out of the performance of
CS's work. In the event that client or client's principal shall bring any suit, cause of action, claim or counterclaim against CS to the
extent that CS shall prevail in such suit, cause of action, claim, or counterclaim the party initiating such action shall pay to CS the
costs and expenses incurred by CS to answer and/or defend such suit, cause of action, claim or counterclaim, including reasonable
attorney's fees, court costs, witness fees and other related expenses.
cs Proposal No. 10M -0 I /19a - Proposed CanalF easibility Study - Jeffersonville, Indiana
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