HomeMy WebLinkAboutTenth Street Pump Station_ . ~E~~ ~~~ ~ ~~~
~' ~ U Civil • Structural • Trans ort '
p anon • Environmental
August 4, 2010
Mr. Len Ashack, Director
Wastewater Department
City of Jeffersonville
1420 Pennsylvania Avenue
Jeffersonville, IN
RE: Tenth Street Pump Station Design Additional Design Fee
Dear Mr. Ashack:
Per our telephone conversation this afternoon, please find attached Attachment
A -Additional Services by Engineer for Services Beyond Original Scope of
Services, VSE Manhour and Fee Justification, and Attachment B -Vector
Consulting Scope and Fee for the additional design cost for grit removal,
screening, and new electrical services. In addition to the design services, scope
and fee for preparation of Preliminary Engineering Report (PER) and submission
to the State Wastewater SRF Program are included.
Please note that the fee for architectural work is not included in our design fee.
This cost will be absorbed by the equipment supplier for instrumentation and
control work during construction.
With this additional cost our total contract amount shall be original contract
amount plus the additional cost ($338,700.00 + $136,100.00 = $474,800.00).
Please provide a notice to proceed for the additional design work and PER for
the total project fee less the total costs for preliminary design analysis
($474,800.00 - 95,000.00 = $379,800.00).
If you have any questions or need additional information please contact me at
(317) 626-0070.
Very Truly Yours,
.~~., ~. ~
Sanjay B. Patel, P.E.
President
:SBP
4275 North High School Road Indianapolis, Indiana 46254
(317) 293-3542 Tel (317) 293-4737 Fax
www.vseng ineering.com
Attachment A
Additional Services by Engineer
For
Services Beyond Original Scope of Services
Task 2A -Detailed Design Greet Removal and Screening Facilities
Engineer shall conduct final design of the greet removal and screening facilities
based on Preliminary Engineering Report Tenth Street Pump Station dated July
2010. For basis of the development of the Scope of Services it has been
assumed that the design shall include construction of diversion structures,
interceptor structures, sewer pipes, channels, grit removal facility, screening
facility, new HVAC, instrumentation and control, and new building.
1. Plan, coordinate, and monitor detailed design of grit removal and
screening facilities, including new electrical services for the facilities.
2. During the design process, resolve questions related to alignments,
hydraulics, intercept and diversion structures, critical elevations,
appurtenances, structural design requirements, instrumentation and
control, and other design data in order to assume compatibility and
consistency of technical aspects of the design with TSPS improvements
other elements of this project.
3. Prepare preliminary layout of grit removal and screening facilities details
and structure design.
4. Evaluate results of geotechnical investigations and survey. Perform the
geotechnical design.
5. Design and draft details of proposed grit removal and screening facilities
including diversion structures, intercepting structures, sluice gates,
channels, electrical services and other design features.
6. Prepare construction drawings utilizing the field survey information and
existing utility plans if applicable.
7. Prepare additional project-specifications sections of the specifications that
are required for grit removal and screening facilities.
8. Complete 60% design of grit removal, screening and new electrical
services facilities, and incorporate into the overall 60% completed plans
and specifications and probable construction cost for the owner
submission.
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9. Complete 90% design of grit removal, screening and new electrical
services facilities and incorporate into the overall 90% completed plans
and specifications and probable construction cost for the owner
submission.
Task 2B -Preparation of Project Preliminary Engineering Report (PER) for
submittal to the State Wastewater SRF Program
1. Prepare project PER in accordance with SRF requirements, prepare for
and conduct a public hearing where PER will be presented to the public,
finalize the PER submittal documents including environmental documents,
respond to questions on the PER from review and approval agencies.
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ECTOR CONSULTING i..LC
Nfechardcal6 Ele~bicalEngmeerynyr=~
Ben H. Deremiah, PE principal
David G. Shuck, PE principal
William R. Stacey, PE principal
July 29, 2010
Mr. B. C. Patel
V.S. Engineering, Inc.
4275 N. High School Road
Indianapolis, IN 46254
Re: 10th Street Pumping Station -Design Phase
Jeffersonville, Indiana
Dear B.C.:
We are pleased to submit our proposal for additional services for HVAC, Electrical and
Plumbing systems for the Tenth Street pump station and screening facilities. It is anticipated
that the electrical will have to be removed and newly installed to accommodate this additional
upgrade.
Scope of Services for Vector Consultina•
1. Design and preparation of construction documents (Plans and Specifications) and
construction administration services. The services covered are as follows:
• HVAC systems
• Electrical systems
• Plumbing systems
2. Coordination with V.S. Engineering, Inc, all sub consultants for control/instrumentation,
Architectural, structural and the Owner.
3. Attendance of design meetings.
4. Provide one set of reproducible designed drawings and specifications as well as
electronic files, for multiple copying (by others), for bidding, review, etc.
5. Provide construction administration services, including shop drawing review.
Architect's Responsibilities:
1. Provide Architectural and Structural design on both reproducible media and electronic
files (AUTOCAD compatible).
2. Provide Site Design for electric, water, gas, storm, and sanitary systems.
9005 North Senate Avenue • /ndianapo/is, /ndiana 46202 • ph. 397.632,4444 . fax 397.632,4960
ECTOF~ CONSULTING ~~c
Mechanics! & Electrical Engineering
Ben H. Denmiah, PE principal
David G. Shuck, PE principal
William R. Stacey, PE principal
Work specifically excluded•
1. Reproduction and printing of drawings and specifications for project bidding and owner
review.
2. State Building Commission project filing fees and all costs associated with State,
County, and Local agency project approval.
3. Site design for electric, water, gas, storm and sanitary systems.
Compensation/Professional Services Fee•
Fixed Fee:.........$35,000 (Thirty-Five Thousand Dollars)
Terms are net 30 days; unpaid balances longer than 60 days are subject to
1.25 % interest per month. Reimbursable expenses will be billed at cost.
A written notice to proceed referencing this proposal will be required for us to commence
our work. Thank you in advance for your consideration for the project.
Very truly yours,
1~oger
Roger D. Cummings, CPSM
Director of Business Development
Email: rcummingsCa~vectorconsultinq us
RDC/rc
Attachment: General Conditions
9005 North Senate Avenue . /ndianapo/is, /ndiana 46202 • ph. 397.632.4444 • fax 397.632.4960
ATTACHMENT B: WORK ORDER FORM
WORK ORDER NO. 2010-6
CRUMS LANE PUMP STATION N0.1 ELIMINATION
Date: 08/05/10
In accordance with the General Services Agreement between the City of Jeffersonville, Indiana, acting
thru its duly appointed Sewer Board (OWNER), and Jacobi, Toombs and Lanz, Inc. (CONSULTANT),
dated 04/01/2010, this WORK ORDER is the written authorization to the CONSULTANT to provide the
work described herein, in accordance with the attached schedule, and fees.
Work: The Work shall be as described in Section A of this Work Order. CONSULTANT shall furnish all
labor, materials, supplies, equipment, supervision and services necessary for and incident to the
performance of the Work. CONSULTANT represents that it has thoroughly reviewed the Work and the
General Services Agreement and that it accepts the Work and the conditions under which the Work is to
be performed.
Schedule: The Schedule shall be set forth in Section B of this Work Order. CONSULTANT represents
that the Schedule is reasonable and achievable.
Payment Terms: Payments to the CONSULTANT shall be as described in Section C of this Work Order.
Terms and Conditions. The terms and conditions of the General Services Agreement referenced above
shall apply to this Work Order. This Work Order also incorporates all of the terPns and conditions required
to be included in it by the General Services Agreement.
OWNER:
Jeffersonville Sewer Board
Jeffersonville, Indiana
500 Quartermaster Court
Jeffersonville, Indiana 47130
(812) 285-6400
Mayor Thom s . Gallig ,President
CONSULTANT:
Jacobi, Toombs, and Lanz, Inc.
120 Bell Avenue
Clarksville, Indiana 47129
(812) 288-6646
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J 1. L z, P.E., Pre d nt
By Witnes ~f-
Dale L. Orem, Member H. To , Jr., P.E.,P.LS., ice P.
By -N~,N~. Vl,. ~,~.,.--
William A. Saegesse , P. ., P.L.S., Member
Or
By
Authorized Representative
S:\Sydney\WPDOCS\8\87o8\Syo8S-zoio\zoio-6.doc
Printed Name
Terms & Conditions Rev 10/27/(
WORK ORDER NO. 2010-6
SECTION A -DESCRIPTION OF THE WORK
Jacobi, Toombs and Lanz, Inc. (JTL) shall provide the Professional services for the project as described
as follows:
Surveying, Engineering Design, inspection & Geotechnical investigation of the Cruets Lana Pump Station
No.1 Gravity interceptor to the Veterans Parkway Pump Station Project. J T L viii tivark with the Sewer
Department to salad the most beneficial route for the sewer interceptor to assist in reducing inflow and
infiltration issues as bast possible.
The purpose of this project is to eliminate the Cruets Lana Pump Station No.1 by installing a gravity
interceptor that will convey the flow to the Veterans Parkway Pump Station
SECTION B -SCHEDULE
All survey and design work shall be completed within 120 calendar days unless modified in writing by the
OWNER and the CONSULTANT. The estimated final deliverable date is December 3, 2010.
The anticipated construction completion date for this project is July 2011 (dependent on City review and
Award time and Contractor Progress and Weather Delay).
SECTION C -PAYMENT TERMS
Payment to the CONSULTANT for Surveying, Engineering & Design Services, and Geotechnical
Investigation shall be on a lump sum basis, with monthly payments to be based upon percentage
compute, for a lump sum amount of $61,540.00.
Payment to the CONSULTANT for Construction Engineering & inspection Services shall be on a time and
materials basis, based on the hourly billing rates shown in Attachment C of the General Services
Agreement and incorporated herein #or reference, with anot-to-exceed amount of $45.000.00.
The CONSULTANT may submit monthly invoices for payment for work completed to date.
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2 Terms & Conditions Rev 10/2710
General Services Agreement
Attachment C: Hourly Billing Rates
JACOBI, TOOMBS AND LANZ, INC.
2010
CODE CLASSIFICATION * HOURLY RATE
PR PRINCIPAL 135.00
PM3 PROJECT MANAGER III 120.00
PM2 PROJECT MANAGER II 115.00
PM1 PROJECT MANAGER I 97.50
E5 ENGINEER V (PE) 115.00
E4 ENGINEER IV (PE) 110.00
E3 ENGINEER III (PE) 95.00
E2 ENGINEER II (PE) 85.00
E1 ENGINEER I (PE) 75.00
ET4 ENGINEERING TECH IV (EIT) 70.00
ET3 ENGINEERING TECH III (EIT) 62.50
ET2 ENGiNEERiNG TECHII 52:50
ET1 ENGINEERING TECH I 40.00
GM GIS MANAGER 105.00
GT2 GIS TECHNICIAN II 72.50
GT1 GIS TECHNICIAN I 60.00
CT3 CAD TECH III (DESIGNER) 67.50
CT2 CAD TECH II 60.00
CT1 CAD TECH I 50.00
SM SURVEY MANAGER 102.50
LS LAND SURVEYOR (LS) 77.50
SC SURVEY CHIEF 55.50
ST2 SURVEY TECHNICIAN II 50.50
ST1 SURVEY TECHNICIAN I 41.50
FC2 2-MAN SURVEY CREW 106.00
FC3 3-MAN SURVEY CREW 147.50
RCM RESIDENT CONSTRUCTION MANAGER 70.00
RP RESIDENT CONSTRUCTION REPRESENTATIVE 60.00
RI RESIDENT INSPECTOR 52.50
ADM ADMINISTRATIVE ASSISTANT 65.00
CL CLERICAL 40.00
LAS LAND ACQUISITION SPECIALIST 60.00
* Overtime is charged at 1.5 times the regular billing rate.
The Hourly Billing Rates shown in this schedule are effective until Dec. 31, 2010. JTL 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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3 Terms & Conditions Rev 10/27/(
General Services Agreement
Attachment D: Terms & Conditions
Services Jacobi, Toombs and Lanz, Inc. (JTL) will
perform services for the Client with these Terms &
Conditions. JTL 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 JTL in
performing their services.
Authorized Representatives The officer assigned to
the Project by JTL is the only authorized
representative to make decisions or commitments on
behalf of JTL. 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 JTL at Project inception. JTL 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 JTL to access the Project site(s).
Period of Service JTL shall perform the services for
the Project in a timely manner consistent with sound
professional practice. JTL 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. JTL shall be
entitled to an extension of time and compensation
adjustment for any delay beyond JTL control.
Compensation In consideration of the services
performed by JTL, the Client shall pay JTL 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 JTL.
Payment Definitions The following definitions shall
apply to methods of payment:
• Salary cost is defined as the individuals base
salary plus customary and statutory benefits.
Statutory benefits shall be as prescribed by law
and customary benefits shall be as established
by JTL employment policy.
• Cost plus is defined as the individuals 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 JTL
Reimbursable expenses are defined as actual
expenses incurred in connection with the Project.
Payment Terms JTL 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. JTL shall be
entitled to a 2% per month administrative charge in
the event of payment delay. Client payment to JTL is
not contingent on arrangement of project financing.
Invoice payment delayed beyond 60 days shall give
JTL the right to stop work until payments are current.
Non-payment beyond 70 days shall be just cause for
termination by JTL.
Additional Services The Client and JTL
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, JTL 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 JTL shall serve as an
independent consultant for services provided under
this agreement. JTL shall retain control over the
means and methods used in performing their services
and may retain subconsultants to perform certain
services as determined by JTL.
Standard of Care Services provided by JTL will be
performed with the care and skill ordinarily exercised
by members of the same profession practicing under
similar circumstances. JTL will not be liable for the
cost of any omission that adds value to the Project.
Compliance with Laws JTL 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 standards of practice
change during the Project, JTL shall be entitled to
additional compensation where additional services
are needed to conform to the standard of practice.
Permits and Approvals JTL 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
JTL for the Project are instruments of service and
shall remain the property of JTL. Record documents
of service shall be based on the printed copy. JTL will
furnish documents electronically, however the Client
releases JTL from any liability that may result from
documents used in this form. JTL shall not be held
liable for reuse of documents for any purpose other
than those intended under the Project.
Insurance JTL 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.
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4 Terms & Conditions Rev 10/27/
Worker's Compensation $500,000 per Accident
and $500,000 Policy Limit
Commercial General $1,000,000 per
Liabili occurrence (bodily injury
including death &
property damage)
$2,000,000 aggregate
Automobile Liability $1,000,000 combined
single limit for bodily
injury
and property damage
Professional Liability $1,000,000 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. JTL shall be a named insured on those
policies where JTL may be at risk. The Client shall
obtain the counsel of others in setting insurance limits
for construction contracts.
Waiver of Subrogation JTL shall endeavor to obtain
a waiver of subrogation against the Client, if
requested in writing by the Client, provided that JTL
will not increase its exposure to risk and Client will
pay the cost associated with any premium increase or
special fees.
Indemnification JTL shall indemnify the Client from
any reasonable damages caused solely by the
negligent act, error, or omission of JTL in the
performance of services under the Project. If such
damage results in part by the negligence of another
party, JTL 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
JTL, the risks have been allocated. The Client agrees
to limit the liability of JTL for all claims related to the
Project at $50,000 or the net income realized by JTL
for the Project, whichever is greater.
Third Party Claims The Client will compensate JTL
for services performed in defense of any third parry
claim unless the claim resulted from the negligent act,
error or omission of JTL.
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 JTL 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 JTL are considered
property improvements and the Client waives the right
to any legal defense to the contrary.
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Consequential Damages Neither the Client nor JTL
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, JTL
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 JTL from any claim related to hazardous
materials encountered on the Project except for those
events caused by negligent acts of JTL.
Cost Opinions JTL shall prepare cost opinions for
the Project based on historical information that
represents the judgment of a qualified professional.
The Client and JTL acknowledge that actual costs
may vary from the cost opinions prepared and that
JTL offers no guarantee related to the Project cost.
Independent Counsel The Client agrees to obtain
independent legal and financial counsel for the
Project considering JTL 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
the Project budget appropriate to the potential risks
and uncertainties associated with the Project. JTL
may offer advice concerning the value of the
contingency fund; however, JTL 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 JTL.
Contractor Selection JTL 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, JTL shall review shop-drawing submittals
from the contractor solely for their conformance with
the design intent of and performance criteria specified
for the Project. JTL 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, JTL 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 JTL 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.
5 Terms & Conditions Rev 10/27/
Rejection of Work JTL may recommend that the
Client reject work by construction contractors that
does not conform to the requirements of the Project.
Safety JTL shall be responsible solely for the safety
precautions or programs of its employees and no
other party.
Information from Other Parties The Client and JTL
acknowledge that JTL will rely on information
furnished by other parties in performing its services
under the Project. JTL 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, JTL will deliver drawings to the
Client incorporating information furnished by
construction contractors. In that construction record
drawings are based on information provided by
others, JTL 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 JTL 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. JTL 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 JTL with cause upon fourteen
(14) days written notice. JTL shall submit an invoice
for services performed up to the effective date of the
work suspension and the Client shall pay JTL all
outstanding invoices within fourteen (14) days. If the
work suspension exceeds thirty (30) days from the
effective work suspension date, JTL shall be entitled
to renegotiate the Project schedule and the
compensation terms for the Project.
Termination The Client or JTL may terminate
services on the Project upon thirty (30) days written
notice with or without cause. JTL shall submit an
invoice for services performed up to the effective date
of termination and the Client shall pay JTL 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.
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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 JTL warrants that they will deliver
products under the Project within the standard of
care. JTL provides no other expressed or
implied warranty.
Severability Any provision of these terms later
held to violate any law shall be deemed void and
alf remaining provisions shall continue in force.
In such event, the Client and JTL 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 JTL shall survive the completion or
termination of services for the Project.
6 Terms & Conditions Rev 10/27/
ATTACHMENT B: WORK ORDER FORM
WORK ORDER NO. 2010-7
SPRING STREET PUMP STATION REPLACEMENT
Date: 08/05/10
In accordance with the General Services Agreement between the City of Jeffersonville, Indiana, acting
thru its duly appointed Sewer Board (OWNER), and Jacobi, Toombs and Lanz, Inc. (CONSULTANT),
dated 04/01/2010, this WORK ORDER is the written authorization to the CONSULTANT to provide the
work described herein, in accordance with the attached schedule, and fees.
Work: The Work shall be as described in Section A of this Work Order. CONSULTANT shall furnish all
labor, materials, supplies, equipment, supervision and services necessary for and incident to the
performance of the Work. CONSULTANT represents that it has thoroughly reviewed the Work and the
General Services Agreement and that it accepts the Work and the conditions under which the Work is to
be performed.
Schedule: The Schedule shall be set forth in Section B of this Work Order. CONSULTANT represents
that the Schedule is reasonable and achievable.
Payment Terms: Payments to the CONSULTANT shall be as described in Section C of this Work Order.
Terms and Conditions. The terms and conditions of the General Services Agreement referenced above
shall apply to this Work Order. This Work Order also incorporates all of the terms and conditions required
to be included in it by the General Services Agreement.
OWNER:
Jeffersonville Sewer Board
Jeffersonville, Indiana
500 Quartermaster Court
Jeffersonville, Indiana 47130
(812) 285-6400
CONSULTANT:
Jacobi, Toombs, and Lanz, Inc.
120 Bell Avenue
Clarksville, Indiana 47129
(812) 288-6646
f t
`~' . ~
y ~ By
Mayor Thomas R. all' a ,President J r e I. nz, P.E., Pre d nt
gy ~ Witnes ~ /~'~
Dale L. Orem, Member H. o s, r., P.E.,P.L. ., Vice P
Y
William A. Saegesser, .E., .L.S., Member
Or
BY.
Printed Name
Authorized Representative
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1 Terms & Conditions Rev 10/27
WORK ORDER NO. 2010-7
SECTION A -DESCRIPTION OF THE WORK
Jacobi, Toombs and Lanz, Inc. (JTL) shall provide the Professional services for the project as described
as follows:
Surveying, Engineering Design, Geotechnica! investigation, Vacuum Excavation, and inspection for the
replacement project of the Spring Street Pump Station
The purpose of this project is to replace and upgrade the Spring Street Pump Station with a maximum
design pumping rate of 8 MGD, provide for the SSO to Milo Creek to be eliminated (the City's Consent
Decree requires this by May 2011), and replace the 12" & 18" force mains from the station site to the new
force main being installed as part of the Downtown WWTP outfali to Miilcreek project.
SECTION B -SCHEDULE
All survey and design work shall be completed within 150 calendar days unless modified in writing by the
OWNER and the CONSULTANT. The estimated final deliverable date is December 31, 2010.
The anticipated construction start for this project is March 2011, and could be completed by October 2011
(dependent on City review and Award time and Contractor Progress and Weather Delay).
SECTION C -PAYMENT TERMS
Payment to the CONSULTANT for Surveying, Engineering & Design Services shah be on a lump sum
basis, with monthly payments to be based upon percentage complete, for a lump sum amount of
$154,435.00. Appraisal work, if required, will be the responsibility of the Owner.
Paymen# to the CONSULTANT for Construction Engineering & Inspection Services shall be on a time and
materials basis, based on the hourly billing rates shown in Attachment C of the General Services
Agreement and incorporated herein for reference, wi#h snot-to-exceed amount of $100,000.00.
The CONSULTANT may submit monthly invoices for payment for work completed to date.
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2 Terms & Conditions Rev 10/27/(
General Services Agreement
Attachment C: Hourly Billing Rates
JACOBI, TOOMBS AND LANZ, INC.
2010
CODE CLASSIFICATION * HOURLY RATE
PR PRINCIPAL 135.00
PM3 PROJECT MANAGER III 120.00
PM2 PROJECT MANAGER II 115.00
PM1 PROJECT MANAGER I 97.50
E5 ENGINEER V (PE) 115.00
E4 ENGINEER IV (PE) 110.00
E3 ENGINEER III (PE) 95.00
E2 ENGINEER II (PE) 85.00
E1 ENGINEER I (PE) 75.00
ET4 ENGINEERING TECH IV (EIT) 70.00
ET3 ENGINEERING TECH III (EIT) 62.50
ET2 ENGINEERING TECH II 52.50
ET1 ENGINEERING TECH I 40.00
GM GIS MANAGER 105.00
GT2 GIS TECHNICIAN II 72.50
GT1 GIS TECHNICIAN I 60.00
CT3 CAD TECH III (DESIGNER) 67.50
CT2 CAD TECH II 60.00
CT1 CAD TECH I 50.00
SM SURVEY MANAGER 102.50
LS LAND SURVEYOR (LS) 77.50
SC SURVEY CHIEF 55.50
ST2 SURVEY TECHNICIAN II 50.50
ST1 SURVEY TECHNICIAN I 41.50
FC2 2-MAN SURVEY CREW 106.00
FC3 3-MAN SURVEY CREW 147.50
RCM RESIDENT CONSTRUCTION MANAGER 70.00
RP RESIDENT CONSTRUCTION REPRESENTATIVE 60.00
RI RESIDENT INSPECTOR 52.50
ADM ADMINISTRATIVE ASSISTANT 65.00
CL CLERICAL 40.00
LAS LAND ACQUISITION SPECIALIST 60.00
* Overtime is charged at 1.5 times the regular billing rate.
The Hourly Billing Rates shown in this schedule are effective until Dec. 31, 2010. JTL 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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3 Terms & Conditions Rev 10/27/C
General Services Agreement
Attachment D: Terms & Conditions
Services Jacobi, Toombs and Lanz, Inc. (JTL) will
perform services for the Client with these Terms &
Conditions. JTL 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 JTL in
performing their services.
Authorized Representatives The officer assigned to
the Project by JTL is the only authorized
representative to make decisions or commitments on
behalf of JTL. 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 JTL at Project inception. JTL 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 JTL to access the Project site(s).
Period of Service JTL shall perform the services for
the Project in a timely manner consistent with sound
professional practice. JTL 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. JTL shall be
entitled to an extension of time and compensation
adjustment for any delay beyond JTL control.
Compensation In consideration of the services
performed by JTL, the Client shall pay JTL 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 JTL.
Payment Definitions The following definitions shall
apply to methods of payment:
• Salary cost is defined as the individuals base
salary plus customary and statutory benefits.
Statutory benefits shall be as prescribed by law
and customary benefits shall be as established
by JTL employment policy.
• Cost plus is defined as the individuals 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 JTL
• Reimbursable expenses are defined as actual
expenses incurred in connection with the Project.
Payment Terms JTL 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. JTL shall be
entitled to a 2% per month administrative charge in
the event of payment delay. Client payment to JTL is
not contingent on arrangement of project financing.
Invoice payment delayed beyond 60 days shall give
JTL the right to stop work until payments are current.
Non-payment beyond 70 days shall be just cause for
termination by JTL.
Additional Services The Client and JTL
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, JTL 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 JTL shall serve as an
independent consultant for services provided under
this agreement. JTL shall retain control over the
means and methods used in performing their services
and may retain subconsultants to perform certain
services as determined by JTL.
Standard of Care Services provided by JTL will be
performed with the care and skill ordinarily exercised
by members of the same profession practicing under
similar circumstances. JTL will not be liable for the
cost of any omission that adds value to the Project.
Compliance with Laws JTL 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 standards of practice
change during the Project, JTL shall be entitled to
additional compensation where additional services
are needed to conform to the standard of practice.
Permits and Approvals JTL 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
JTL for the Project are instruments of service and
shall remain the property of JTL. Record documents
of service shall be based on the printed copy. JTL will
furnish documents electronically, however the Client
releases JTL from any liability that may result from
documents used in this form. JTL shall not be held
liable for reuse of documents for any purpose other
than those intended under the Project.
Insurance JTL 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.
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4 Terms & Conditions Rev 10/27/(
Worker's Compensation $500,000 per Accident
and $500,000 Policy Limit
Commercial General $1,000,000 per
Liabili occurrence (bodily injury
including death &
property damage)
$2,000,000 aggregate
Automobile Liability $1,000,000 combined
single limit for bodily
injury
and property damage
Professional Liability $1,000,000 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. JTL shall be a named insured on those
policies where JTL may be at risk. The Client shall
obtain the counsel of others in setting insurance limits
for construction contracts.
Waiver of Subrogation JTL shall endeavor to obtain
a waiver of subrogation against the Client, if
requested in writing by the Client, provided that JTL
will not increase its exposure to risk and Client will
pay the cost associated with any premium increase or
special fees.
Indemnification JTL shall indemnify the Client from
any reasonable damages caused solely by the
negligent act, error, or omission of JTL in the
performance of services under the Project. If such
damage results in part by the negligence of another
party, JTL 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
JTL, the risks have been allocated. The Client agrees
to limit the liability of JTL for all claims related to the
Project at $50,000 or the net income realized by JTL
for the Project, whichever is greater.
Third Parfy Claims The Client will compensate JTL
for services performed in defense of any third party
claim unless the claim resulted from the negligent act,
error or omission of JTL.
Legal Expense In the event that either parry 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 Righfs JTL 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 JTL are considered
property improvements and the Client waives the right
to any legal defense to the contrary.
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Consequential Damages Neither the Client nor JTL
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, JTL
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 JTL from any claim related to hazardous
materials encountered on the Project except for those
events caused by negligent acts of JTL.
Cost Opinions JTL shall prepare cost opinions for
the Project based on historical information that
represents the judgment of a qualified professional.
The Client and JTL acknowledge that actual costs
may vary from the cost opinions prepared and that
JTL offers no guarantee related to the Project cost.
Independent Counsel The Client agrees to obtain
independent legal and financial counsel for the
Project considering JTL 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
the Project budget appropriate to the potential risks
and uncertainties associated with the Project. JTL
may offer advice concerning the value of the
contingency fund; however, JTL 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 JTL.
Contractor Selection JTL 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, JTL shall review shop-drawing submittals
from the contractor solely for their conformance with
the design intent of and performance criteria specified
for the Project. JTL 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, JTL 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 JTL 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 parry.
Terms & Conditions Rev 10/271(
Rejecfion of Work JTL may recommend that the
Client reject work by construction contractors that
does not conform to the requirements of the Project.
Safety JTL shall be responsible solely for the safety
precautions or programs of its employees and no
other party.
Information from Other Parties The Client and JTL
acknowledge that JTL will rely on information
furnished by other parfies in performing its services
under the Project. JTL 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, JTL will deliver drawings to the
Client incorporating information furnished by
construction contractors. In that construction record
drawings are based on information provided by
others, JTL 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 JTL 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. JTL 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 JTL with cause upon fourteen
(14) days written notice. JTL shall submit an invoice
for services performed up to the effective date of the
work suspension and the Client shall pay JTL all
outstanding invoices within fourteen (14) days. If the
work suspension exceeds thirty (30) days from the
effective work suspension date, JTL shall be entitled
to renegotiate the Project schedule and the
compensation terms for the Project.
Termination The Client or JTL may terminate
services on the Project upon thirty (30) days written
notice with or without cause. JTL shall submit an
invoice for services performed up to the effective date
of termination and the Client shall pay JTL 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.
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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 JTL warrants that they will deliver
products under the Project within the standard of
care. JTL 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 JTL 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 JTL shall survive the completion or
termination of services for the Project.
6 Terms & Conditions Rev 10/27/0: