HomeMy WebLinkAboutJeffersonville MS4 Program Support PROFESSIONAL SERVICES AGREEMENT
Staebec
THIS AGREEMENT is made and entered into effective November 22. 2011 (the 'Agreement Dale') by and between:
"CLIENT"
Name: CITY OF JEFFERSONVILIE. INDIANA DRAINAGE BOARD
Address: 500 Guatermasle Court. Room 257 Jefferscnville. Indiana 47130 -3672
Phone: 1812) 2856480 Fax: (812) 280.4703
Representative: Deb Ashack
"STANTEC"
Name: STANTEC CONSULTING SERVICES INC.
Address 10509 Timberwood Cite. Ste. 100 Louisville. Kentucky 40223
Phone: (502) 212 -5000 Fax: (502) 212 -5055
Representative'. Robert Huckaby - Sena"' Project Engineer
PROJECT NAME (the "PROJECT"):
Jeffersonville 1.154 Program Support
DESCRIPTION OF WORK: STANTEC shall render the services described in Attachment "A' (hereinafter called the - SERVICES)
in accordance with this AGREEMENT. STANTEC may. at its discretion and at any stage. engage subconsutlents to perform all or
any part of the SERVICES. The CLIENT and STANTEC by written amendment to this AGREEMENT may from tine to time make
changes to the SERVICES. AI tlanged work shall be carried OA under this AGREEMENT. The time for COnpiellon of the
SERVICES shall be adjusted accercingly.
COMPENSATION: Charges for the SERVICES rendered will be made in accordance with the CONTRACT PRICE indicated In
Attachment 'N. or, W no CONTRACT PRICE is indicated, in accordance with STANTEC'' Schedule of Fees and Dsbursemenls in
effect from time to Ome as the SERVICES are rendered.
Invoices shall be paid by the CLIENT in the currency Of the jurisdiction in which the SERVICES are provided without deduction or
setoff upon receipt. Failure 10 make any payment when due is a material breach of this Agreement and will entitle STANTEC. at its
option, to suspend or terminate this Agrcctnent and the premien of the SERVICES. Interest vAll accrue on accounts overdue by
30 days at the lesser of 1.5 percent per momh (18 percent per annum) of the maximum legal rate of interest.
REPRESENTATIVES: Each party shall designate in the space provided above a representative who Is authorized to act on behalf
of that party and receive notices under the AGREEMENT. Such representatives have ocmplete authority to act on behalf of their
principals In respect to all manors arising under this AGREEMENT.
NOTICES: All notices, consents. and approvals required to be given hereuaer shall be in inning and shall be given to the
representatives of each pary. All notices required by NS AGREEMENT to be given by either party shall be deemed to be properly
given and received within two (2) business days if made in writing to the other path by certified mail. telegram. email. facsimile or
telex. addressed to the regular business address of such party as identified above.
CLIENTS RESPONSIBILITIES: The CLIENT shall provide to STANTEC in writing. the GLENN total requirements in connection
with the PROJECT, nduding the PROJECT budget and tine constraints. The CLIENT shal make available 10 STANTEC al
relevant information or data pertinent to the PROJECT which is requred by STANTEC to perform Ire SERVICES. STANTEC shal
be entitled to rely upon the accuracy and completeness of all information and data famished by the CLIENT. inc .4ng reformation
and data originating with other consultants employed by the CLIENT Meter such consultants are engaged at the request of
STANTEC or olre rise. Where such information or data originates either vAlh the CLIENT or its consultants then STANTEC shall
not be responsible to the CLIENT for the consequences of any enar or omission contained therein.
When required by STANTEC, the CLIENT shall engage specialist consultants directly lo perform items of work necessary leave*
STANTEC to carry out the SERVICES. Whether arranged by the CLIENT or STANTEC. those services shall be deemed to be
provided under direct contracts to the CLIENT unless expressly provided othervrise.
The CLIENT shall give prompt consideration to all documentation related to the PROJECT prepared by STANTEC and whenever
prompt action is necessary shall IMoon STANTEC of CLIENTs decisions in such reasonable time so as not to delay the serene*
for providing me SERVICES.
When applicable. lie CLIENT shall arrange and make provision for STANTEC 's entry 10 the PROJECT site as well as other Attic
and private properly as necessary for STANTEC to perform the SERVICES. The CLIENT shall obtain any required approvals.
licenses and permits Irom governmental a other authorities having jurisdiction over the PROJECT so as not to delay STANTEC in
the pert: mance of the SERVICES.
STANTEC'' RESPONSIBILITIES: STANTEC shall Nash the necessary qualified persarel to provide the SERVICES.
STANTEC represents that it has access to the experience and capability necessary to and agrees to perform the SERVICES with
the reasonable skill and diligence required by customarily accepted professional practices and procedures normally provided In The
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Stardec
performance of the SERVICES at the time when and the location In which the SERVICES were performed. This undertaking does
not imply or guarantee a perfeect PROJECT and In 1113 event of failure or partial failure of the product of the SERVICES, STANTEC
will be liable on for its failure to exercise diligence. reasonable care and professional skill. This standard of care is the sae and
exclusive standard of care That wafl be applied to measure STANTEC 's performance. There are no other representations or
wananlies expressed a Implied made by STANTEC. In particular. but not by way of limitation. no milled warranty of
merchantabbry or fitness for a particular purpose shall apply to the SERVICES provided by STANTEC nor shall STANTEC warrant
or guarantee economic, market or financial conditions. proforma prajeuions, schedules for public agency approvals. a other
factors beyond STANTEC's reasonable control. STANTEC does not warrant the SERVICES to any third party and the CLIENT
shall indemnify and hold harmless STANTEC from any demands, damns. suits or actions of third parties arising out Of STANTEC's
performance of the SERVICES.
In performing the SERVICES under this AGREEMENT. STANTEC shall operate as and have the status of an independent
contractor and shall not act as. or be an employee of the CLIENT.
Tne SERVICES perfamled by STANTEC shall be subject to Me irbpection and the review of the CLIENT at all times but such
inspection and renew shall not relieve STANTEC from Ib responsibility for the proper performance of the SERVICES
TERMINATION: Either parry may terminate this AGREEMENT without cause upon thrty (30) days' notice in vnitig. If either party
breaches this AGREEMENT. the non.delaullig party may terminate this AGREEMENT after giving seven ( days' nice to
remedy the breach On termination of this AGREEMENT. the CLIENT shall IorVwAlh pay STANTEC for the SERVICES performed
to the date of termination. Nonpayment by the CLIENT of STANTEC's invoices within 30 days of STANTEC rendering same Is
agreed to oo. dilute a material breach of this AGREEIAENT and. upon written notice as prescribed above. the duties. obligations
and responsblllhes of STANTEC are terminated.
SUSPENSION OF SERVICES: If the project is suspended for mom than thirty (30) calendar days m the aggregate. STANTEC
Shall be compensated for services performed and charges inured prior to receipt of notice to suspend and, upon resumption. an
equitable adjusbnent in fees to acocmmodale the resulting demoba¢ation and rerlobilization costs. In addition, there shall be an
equitable adjustment In the project schedule based on the delay caused by the suspension. 11 the PROJECT is suspended fa more
than ninety (90) days. STANTEC may. at its option, terminate this agreement upon giving notice in vatting to the CLIENT.
ENVIRONMENTAL: Except as specifically described in this AGREEMENT. STANTEC's field investigation. laboratory testing and
ergineerig recommendations wall not address or evaluate pollution of soil or pollution of groundwater.
Where Me senAces Include storm water pollution prevention (SWPP). sedimentation or erosion control plans. specifications,
procedures or related construction 0bsenatbn or administrative field tractions. CLIENT admovAedges mat such SERVICES
proposed or performed by STANTEC are not guaranteed to provide cOrrpltte SWPP, sedmentabon or erosion control. capture all
nn off or siltation. that any physical works are to be constructed and maintained by the CLIENT'S contractor or others and that
STANTEC has no control over the ultimate effectiveness of any such works or procedures. Except to the ocent that there were
errors or omissions in the SERVICES provided by STANTEC. CLIENT agrees lo indemnify and hold STANTEC harmless from and
against all claims. costs. Mares or damages whatsoever arising from any s10m wafer pollution, erosion. sedimentation. or
discharge of silt or other deleterious substances into any waterway. wettand or woodland are any resulting dlafg¢s, ants legal
action. cleanup or related casts.
BUILDING CODES, BYLAWS AND OTHER PUBLIC REGULATIONS: STANTEC shall. to the best of its ablity. interpret building
codes. by -laws and other public regulations as They apply to the PROJECT and as they are published at the time SERVICES
commence. Funhemrore. STANTEC shall observe and campy YAM all applicable laws, ordinances. codes and regulations of
govemment agencies. iodating federal, state provincial. muniapal and brat governing bodies havirg ludsdlcaon over Me conduct
of the SERVICES ('LAWS - ). However. A is expressly acknowledged and agreed by the CLIENT that as the PROJECT progresses
such dildig codes. bylaws, other pubkc regulations and LAWS may change or the interpretation 01 any public authority may differ
from It* interpretation of STANTEC. through no fault of STANTEC. and any extra costs necessary to condom to such changes or
interpretations during or after execution of the SERVICES twit be paid by the CLIENT.
STANTEC Shall continue to provide equal employment opportunity to all qualified persons and to recruit. hire. train. promote and
compensate persons in all jobs without regard to race. color. religion sex. age, disability or national origin or any other basis
prohibited by applicable laws.
COST AND SCHEDULE OF CONSTRUCTION WORK: In providing opinion of probable cost and project schedule, a is
recognized that neither One CLIENT nor STANTEC has control over the costs of labs, equipment or materials. a over the
Contractors methods of determining prices or lime. The opinions of probable cost or project duration are based on STANTEC's
reasonable professional jtdgmen! and experience and do not constitute a warranty. elpMS 01 implied, that the Contractors' bids.
project schedules, or the negotiated price of the Work or schedule wag not vary from the CLIENT's budget or schedule a from any
opinion of probable cost or project schedule prepared by STANTEC. Exact costs and tines will be determined only when bids have
been received for the PROJECT and when the construction work has been performed and payments finalized.
ADMINISTRATION OF CONSTRUCTION CONTRACTS: When applicable, STANTEC shall provide field services during Uri
construction of Me PROJECT only to the oxtail that such SERVICES are mcluded and defined in this AGREEMENT The
perfelmanco of the construction contract Is 1101 STANTEC '5 responsibility nor are STANTEC'S acid services rendered for the
coreUuctbn contractor's benefit.
II is understood and agreed by the CLIENT and STANTEC that only work which has been seen during an examination by
STANTEC can be said to have been appraised and comments on the balance of any construction work are assumptions only.
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when field senAces are provided by STANTEC. the authorily for general administration of the PROJECT shall reside with
STANTEC only to the extent defined in this AGREEMENT. In such case. STANTEC shall coordinate the activities of other
consultants employed by the CLIENT, only to the extent That STANTEC Is empowered to do so by such other consultants
Contracts with the CLIENT.
STANTEC shall not be responsible for any contractor's failure to carry out the work in accordance with the contract documents nor
for the acts or omissions of any contractor, subcontractor, any of their agents or employees. or any other persons perfmmig any of •
the work m connection with the PROJECT. When field services are provided. no acceptance by STANTEC 01 the work or services •
of a construction contractor or other consultants, whether express a implied, shall relieve such construction contractor or other
consultants from their responsibilities to the CLIENT fa the proper peramance of such work or services and further. STANTEC
shall not be responsible to the CLIENT or to the construction contractor a to the other consultants for the means. methods,
techniques. sequences. procedures and use of equipment of any nature whatsoever. whether reviewed by STANTEC or not. %which
are employed by Ile construction contractor or the other consultants in executing. designing. Or administering any phases of the
PROJECT. or for placing into operation any plant or egtipmert or for solely precautions and programs incidental thereto.
When acid services are provided. STANTEC vnll not be designated as the party responsible for the compsance by Others on the
construction work site with the purposes or requirements of applicable erviramental. occupadional health and safety. or similar •
legislation. The CLIENT shall designate a responsible pang, other than STANTEC. for the coordination and performance of
environmental. occupational health and safety activities on the consbudion work site as required by applicable legislation and
associated regulations. Neither the professional activities of STANTEC, nor the presence of STANTEC or its employees and
subconsultants at a ccnstnrdlon site. shall relieve the CLIENT. Contractors or any other entity of their obligations. duties and
responsibilities with respect to jobsite safely. Subject only to applicable legislation. STANTEC has no authority to exercise any
control Over any coretruction contractor or other entity or their employees in connection with their work Or any environmental.
health or safety activities or precautions.
JOBSITE SAFETY: Neither the professional ac ties of STANTEC, nor the presence of STANTEC or its employees and •
subconsultants at a censtruxaon site. shall relieve the CLIENT and any other entity of their oblgatare. duties and responsibilities
with reaped to job site safety. Subject onty to applicable legislation. STANTEC and its personnel have no auUarity to exercise any
control over any construction contractor or other entity 01 their employees In connection with their work or any health or safety
precautions.
LIMITATION OF UABILITY: The CLIENT releases STANTEC from any liability and agrees to defend. indemnify and hold
STANTEC harmless from any and all clams. damages. losses. andlor expenses. died and indirect, et consequential damages.
Including but not limned to adomey a fees and doges and court and arbitration costs. arising out of, or lamed to arse oul of. the
performance of the SERVICES. excepting liability arising from the negligence or vallful misconduct of STANTEC.
II is further agreed That the total amour of all claims the CUENT may have against STANTEC under this AGREEMENT or arsng
Iran the performance or non - performance of the SERVICES under any theory of law, including but not limited to daims For
negligence. negligent misrepresentation and breach of contractt slid be strictly united to the lesser 01 the lees paid to STANTEC
for the SERVICES or $500.000. No dam may be brought against STANTEC in contract or tort more than two (2) years alter the
cause of action arose. As the CLIENT'S sole and exclusive remedy under this AGREEMENT any dam. demand or suit shall be
directed andlor asserted only against STANTEC and not against any of STANTEC's employees. officers or directors.
STANTEC 's liabaty vAth respect to any dams ansng out of this AGREEMENT shall be absolutely limited to direct damages
arising out of the SERVICES and STANTEC shall boar no liability whatsoever for any consequential loss. injury or damage incurred
by the CLIENT. induding but not limited to claims for loss of use. Ices of profits and loss of markets.
INDEMNITY FOR MOLD CLAIMS: It is understood Oy the parties that existing a constructed buildings may contain mold
substances that can present health hazards and result In body injury. property damage andlor necessary remedial measures. If.
during performance ol tie SERVICES. STANTEC knowingly encounters any such substances. STANTEC shall notify the CLIENT
and. without liability For consequential or any other damages. suspend performance of services until the CLIENT retains a qualified
specials( to abate andla remove the mold substances. The CUENT agrees to release and waive all dams. Including
consequential damages, against STANTEC. its subconsultants and their officers. directors and employees arising Fran or in any
way connected with the existence of mold on a about the project site whether during or alter completion of the SERVICES. The
CLIENT further agrees to indemnify and hold STANTEC harmless from and against all claims. cosh. liabilities and damages.
including reasonable attorneys' lees and costs arising in any way from the existence of mold on the project site whether during or
after completion of the SERVICES. except for those claims. Liabilities. costs or damages caused by the sole gross negligence
andlor knowig a willful miswrtuct of STANTEC. STANTEC and the CLIENT waive all rights against each other for mold
damages to the extent that such damages sustained by either party are covered by insurance.
DOCUMENTS: All documents prepared by STANTEC or on behalf of STANTEC in connection with the PROJECT are instruments
of service for the execution of the PROJECT. STANTEC retains the property and copyrgM In these documents. whether the
PROJECT is executed of not. Payment to STANTEC of the canpensabon prescribed in this AGREEMENT shall be a condition
precedent to the CLIENrs right to use documentation prepared by STANTEC. These documents may net be used for any other
purpose without the prior mitten agreement 01 STANTEC. The CLIENT shall have a permanent non-exclusive. rOyall•lree license
to use any concept_ product or process wroth is patentable or capable of trademark. produced by or resulting Iran the SERVICES
rendered by STANTEC in connection with the PROJECT, for the tie of the PROJECT. The CLIENT shall not use. infringe upon Or
appropriate such concepts. produds or processes without the express Witten agreement Of STANTEC. In the event STANTEC's
documents are subsequenly reused or modified in any material respect without the prior consent of STANTEC. the CLIENT agrees
to indemnify STANTEC from any claims advanced On account of said rouse or modification.
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f PROFESSIONAL SERVICES AGREEMENT Page4
STANTEC camel guarantee the authenticity. integrity or completeness of data files supplied m electronic format (
Files'). CLIENT shall release. indemnify and hold STANTEC. its officers. employees. consultants and agents harmless Iio,i any
claims or damages arising from the use of Electronic Files. Electronic files wen not contain stamps or seals, remaln the property of
STANTEC, are not to be used for any purpose Other than That for which they were transmitted. and are not to be retransmitted to a
third pally wthcut STANTECS written consent
FORCE MAJEURE: My derail in the performance of this AGREEMENT caused by any of the following events and without fault
or negligence on the part of the defaulting party shall not constitute a breach of cataract: labor slakes. riots. war, acts of
governmental authorities. unusually severe weather conditions or other natural catastrophe. or any other cause beyond the
reasonable control or contemplation of either perry.
GOVERNING LAW: This AGREEMENT shall be governed. construed and enforced in accordance vAth the laws of the jurisdiction
in which the majority of the SERVICES are performed.
DISPUTE RESOLUTION: If requested in waiting by tither the CLIENT 01 STANTEC. the CLIENT and STANTEC shall attempt to
resolve any depute between them arising out of or In connection with this AGREEMENT by entering onto structured non- binding
negotiations with to assistance of e mediator on a without prejudice basis. The mediator shell be appointed by agreement of the
parties. If a dispute cannot be settled within a period of thirty (30) calendar days with the mediator. if mutually agreed. the dispute
shall be referred to arbitration pursuant to laws Of the Jurisdiction in which the majority of the SERVICES are performed 01
elsewhere by mutual agreement
ATTORNEYS FEES: In the event Of a dispute hereunder. the prevailing party Is entlted to recover from tho other parry ea costs
incurred by the prevailing party In enforcing this AGREEMENT and prosecuting the dispute. including reasonable attorney§ and
expert's tees, whether incurred through formal legal proceedings or otherwise.
ASSIGNMENT AND SUCCESSORS: Neither the CLIENT nor STANTEC shall without tho prior mitten consent of the other parry.
assign the benefit or in any way transfer the obligalons of this AGREEMENT or any part hereof. Tnls AGREEMENT shall inure to
the benefit of and be binding upon the parties hereto. and except as othenvme provided herein. upon their executors.
administrators. successes. and assigns.
PROTECTION OF PRIVACY LAWS: STANTEC will coney with its statutory obligations reseeding the collection. case. dISDJeaure.
access to. correction. protection. acaracy. ideation and disposition of personal information that may be collected or created under
this AGREEMENT. STANTEC will refer any request for access to or conedion of personal information that is made under statute
to the CLIENT and we comply with any directions from the CLIENT respecting the access request, or respecting correction and
annotation of personal information. STANTEC will, at reasonable Imes and on reasonable node. allow the CLIENT to enter Its
premises and inspect any personal Infometon of the CLIENTs that to In the custody of STANTEC or any of STANTEC's policies
or practices relevant to the management of personal Information subject to this AGREEMENT.
ENTIRE AGREEMENT: The AGREEMENT constitutes Me sole and entire agreement between the CLIENT and STANTEC
relating to the PROJECT and supersedes all prior agreements between them. %Melherww1lten or oral respecting the subject matter
hereof and no other tam's, condnlons or warranties. valeta express or implied. shall form a part hereof. This AGREEMENT may
be amended only by written instrurnont signed by both the CLIENT and STANTEC. MI attachments referred to in this
AGREEMENT are imorpa0led herein by 1NS reference; however. in the event of any conflict between attachments and the terms
and conditions of Oils AGREEMENT. the terms and conditions of Me AGREEMENT shall take precedence.
SEVERABILITY: 11 any term, cordtion or covenant of this AGREEMENT is held by a court of competent jurisdiction to be invalid.
void, or unenforceable. the remaining provisions of Ihis AGREEMENT shad be binding on the CLIENT and STANTEC.
THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS LIMITATION OF LIABILITY
PROVISIONS RESTRICTING RIGHTS FOR THE RECOVERY OF DAMAGES.
The Parties. intending lobe legally bard. have made. accepted and executed this AGREEMENT as of tho Agreement Date noted
above
CITY OF JEFFERSONVILLE, INDIANA DRAINAGE BOARD STANTEC CONSULTING SERVICES INC.
r U < .Q J r^ 1, L John Malue9, Paneled
Pant Name and 1110 / Print Name and TKle
Per BA; Per: ! r 1
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PROFESSIONAL SERVICES AGREEMENT Page 5
Stantec
Robert Hucsabv. PE
Print Name and TIlk Print Name and Title
Par: Per:
Revised 2008 -07 -17
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PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT "A"
Stantec
Attached to and forming pan of the AGREEMENT
BETWEEN:
CITY OF JEFFERSONVILLE. INDIANA DRAINAGE BOARD
(hereinafter called the 'CLIENT')
- and
STANTEC CONSULTING SERVICES INC.
(hereinafter caned 'STANTEC)
EFFECTIVE: November 22.2011
This Attachment details the SERVICES. CONTRACT TIME, CONTRACT PRICE, ADDITIONAL CONDITIONS and ADDITIONAL
ATTACHMENTS forming pan of the above described AGREEMENT.
SERVICES: STANTEC shall perform the IotlovAng SERVICES:
Stantec vell provide assistance for the Southern Indiana SlonmvalerAchesory Committee (SWAC). Illicit
Discharge Detection & Elimination Audit Preparation. Biannual SWOMP Report Submittal to !DEM. and •
Ps-Needed Support. as specified in the MS4 Support Services Scope. attached to this Agreement.
(hereafter called the 'SERVICES')
CONTRACT TIME: Commencement Date: January 1.2012
Estimated Completion Date January 31, 2013
CONTRACT PRICE: Subject to the terms below, CLIENT N(T compensate STANTEC as terms:
Per the attached MS4 Support SeMces Scope. Stantec will provide the outlined assistance for S33,110.
Project specific charges. such as subconsullanls: travel. accommodations and meals: project-specific
printing Of deliverables: consumables: usage charges for speciaszed field equipment and
company-owned. leased or Fended project vehicles: external testing lab charges and otter external
services charges: spedeszed computer software costs: and other significant project - specific expenses
%iII be averted in addition to labor fees and to the FRO.
Where not slated as being included in the lees. project specific aubconsultant contractor. lab and Other
similar third party charges will be charged as invoiced to STANTEC %Nth a zero percent (0 %) markup.
UNess otherwise noted. the lees in Ms agreement do not include any value added. sales, or other
taxes that may be eppiied by Govemment on foes for services. Such taxes will be added to all invoices
as required.
Where the SERVICES or services conditions change. STANTEC shall submit to the CLIENT in a timely
manner. documentation of the 'revisions to Attachment "A' adjusting the Conhad Services lime and
Price as required.
Unless otherwise specified. charges for SERVICES are based on STANTEC's hourly billing fate table
CRate Table'). attached hereto. The Rate Table is subject to escalation huh time to time
ADDITIONAL The following additional conditions shall be read In conjunction with and constitute part of the
CONDITIONS: AGREEMENT:
No additional condibar s.
ADDITIONAL The following additmnal attachments shall be read in conjunction vAth and constitute pan of this
ATTACHMENTS: AGREEMENT:
Attached MS4 Support Services Scope
INSURANCE Before any services are provided under this agroemenl. STANTEC shall procure. and maintain in affect
REQUIREMENTS: during the term of Ihis agreement. Insurance coverage in anio its and on teems not less than set forth
below.
General Liability Commercial general liability insurance for personal and bodily injury. inducing death. •
and property damage in the amount of 81.000.000 each occurrence and not less than 52.000,000 in the
aggregate
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1 PROFESSIONAL SERVICES AGREEMENT Page 2
ATTACHMENT "A"
Stantec
Automobile Liability. Automobile liability insurance 10r bodily injury. including death. and property
damage in the amount of $1.000.000 each occurrence
Professional Liability: Professional liability insurance for damages incurred by reason 01 any neglgem
act. error or omission committed or alleged to have been committed by STANTEC In the amount of
SI,000.000 per claim and n the aggregate.
Workers' Compensation: As prescribed by applicable law.
Certificates. Upon reQueSL STANTEC shall provide certificates of insurance evidencing coverage
required above. Each certificate shall provide that the coverage therein afforded shall not be Cancelled
except 'with thirty (30) days prior mitten notice t0 the CLIENT.
i
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e tasen'pnpapPexurnmI.1 pa_.bXenayle G)lt_EBLJeppvr Ox.
City of Jeffersonville
2012 MS4 Support Services Scope
Prepared for the City of Jeffersonville by Stantec Consulting Services, Inc.
Stantec
CITY OF JEFFERSONVILLE
2012 MS4 SUPPORT SERVICES SCOPE
Stantec
TASK 1: SOUTHERN INDIANA STORMWATER ADVISORY COMMITTEE (SWAC) SUPPORT
Since 2004, the Southern Indiana Stormwater Advisory Committee has made significant progress in
collaborating to meet many of the state and federal stormwater program requirements, while minimizing
expenses and individual level of effort for each participating community. The SWAC is comprised of Floyd
County, City of Jeffersonville, City of New Albany, Oak Park Conservancy District, Town of Clarksville, Town
of Sellersburg, and City of Madison. This State - recognized partnership is a platform for collaboration, which
minimizes duplication of effort and reduces costs for implementing various components of the MS4 regulatory
program. Historically. the SWAC has worked together with the guidance of Stantec on public workshops,
outreach activities and materials, design reference materials, training manuals. a public website, construction
site inspection training through the Qualified Professional Inspector program, and other regional cost - saving
measures. These efforts are developed through quarterly SWAC meetings, various work sessions. and
regular correspondence aided by Stantec.
The Indiana Department of Environmental Management (IDEM) recently gave notice of a second round of
program audits beginning in spring of 2012. This round of audits will focus heavily on the illicit discharge
detection and elimination (IDDE) program, and will likely include follow -up inspections from the previous audit
performed by IDEM in August 2010. Though community- specific audit preparation will be necessary; the
SWAC will collaborate where possible on the IDDE program audit preparation. It is anticipated that the
SWAC will review the IDDE Field Screening Standard Operating Procedures document developed in 2004,
and update the document accordingly. The SWAC will also discuss and evaluate program measures for a
regionally consistent approach to facilitate the IDEM audits for all SWAC communities. Stantec will
coordinate with IDEM as well as the SWAC to assist with the preparation of documents and measures
associated with the IDDE audit.
In December 2011, the United States Environmental Protection Agency (EPA) will introduce new stormwater
rules, proposing the most significant changes to the MS4 program since the Phase 11 rule was promulgated
through the 1999 Clean Water Act amendments. Anticipated in the proposed rules are an entirely new focus
on post - construction stormwater measures. specifically new design and perfomiance standards, regulations
for stormwater discharge rate and volume, green infrastructure and low -impact development design, target
stone events, among many other new challenges. With the proposed rule changes. local governments and
organizations will have the opportunity to comment and provide alternatives to EPA for consideration. It is
anticipated that the SWAC will collaborate to evaluate the proposed complex rules in order to develop a
robust and firm reply to EPA. A concise, coherent, response from the entire region will likely receive far more
consideration by EPA than individual responses from each of the seven communities comprising the SWAC.
(This approach is similar to that taken in February 2009 when the SWAC provided feedback on EPA's
proposed stringent effluent limitations for construction sites, which was led by Stantec. The proposed Rule
was significantly revised and is still under evaluation.) Stantec will evaluate the proposed MS4 rule changes,
provide summaries and investigate potential impacts for the new regulations. and lead the effort in compiling
an appropriate response for EPA's consideration. Similarly, it is important to keep the general public infomied
regarding proposed changes to the stomlwater program. Foremost to be directly affected by the new
regulations will be the design and development community. The SWAC has periodically hosted outreach
workshops to educate targeted constituent groups. Stantec will work with the SWAC to host an education
and outreach workshop, covering the existing stormwater program and the future stormwater program
proposed by EPA.
Stantec will prepare, facilitate and summarize four (4) quarterly, public SWAC meetings with partnering MS4
communities. In preparation for and response to the proposed MS4 rule changes, Stantec will also facilitate a
minimum of two (2) work sessions with the SWAC members to discuss the anticipated impacts and to develop
a strong response to the proposed rules. Stantec will work with the local Soil and Water Conservation District
(SWCD) staff on minor program updates and administration for the Qualified Professional Inspector (QPI)
program, when requested. Stantec will make periodic updates to the SWAC's stormwater website to inform
CITY OF JEFFERSONVILLE
2012 MS4 SUPPORT SERVICES SCOPE
visitors of SWAC activities and new developments in the stormwater program. Stantec will coordinate with
state and federal regulators on current and proposed stormwater procedures and measures for the benefit of
SWAG operations.
As with previous annual SWAC support, cost for services will be distributed based on community population,
as follows:
Munich/ant/ Population' SWAC
Percentage
1 Clarksville 21,724 13.9%
2 Floyd County 34,735 22.3%
3 Jeffersonville" 39,574 25.4%
4 New Albany 36.372 23.3%
5 Oak Park Conservancy District 5,379 3.5%
6 Sellersburg 6,128 3.9%
7 Madison . 11.967 7.7%
1 TOTALS 1 155,879 1 100.0%
Population based on 2010 US Census data.
"2010 Census population 44,953; Subtract 5,379 for Oak Park.
Deliverables:
• Quarterly meetings including agendas, handouts, meeting advertising, presentations, summaries;
• Group IDDE coordination and audit prep:
• Two (2) work sessions focusing on proposed rule revisions and SWAC response to EPA:
• Website updates;
• Miscellaneous assistance (QPI program assistance, post - construction ordinance recommendations,
as- needed support, etc); and
• Public education and outreach workshop on the current and proposed stormwater program.
TASK 2: ILLICIT DISCHARGE DETENTION & ELIMINATION (MCM3) AUDIT PREPARATION
The Indiana Department of Environmental Management (IDEM) held a meeting in Clarksville on August 18
2011 to inform southem Indiana MS4 communities about illicit discharge program audits planned for 2012.
Similar to the audits IDEM performed in August of 2010, planning by the City will be necessary. The audit for
IDDE is not anticipated to be as extensive as the previous audits performed by IDEM. However, to facilitate a
smooth IDEM review, preparation by the City is expected, including the review and evaluation of the City's
illicit discharge ordinance. tracking measures. inspection and enforcement practices, the stormwater inventory
map and outfall locations, reporting and documentation practices, screening procedures, and the measurable
goals Jeffersonville has established in order to measure program success. It is also anticipated that IDEM will
perform a follow -up inspection on changes since the 2010 program evaluation. It will be beneficial for
Jeffersonville to review any changes to the program since the initial audit. It is understood that Jeffersonville
stormwater staff will lead the audit preparation efforts. Stantec will assist the City when requested to review
procedures, practices, documentation, mapping data, and other illicit discharge program efforts. If requested
by the City, Stantec will participate in the IDEM audit in order to further facilitate the audit.
Deliverables:
• On -site evaluation of MCM3 practices and procedures;
• Summary memorandum of pre -audit investigation findings;
2
CITY OF JEFFERSONVILLE
2012 MS4 SUPPORT SERVICES SCOPE
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• Development of requested reports, forms. documents, etc: and
• Participation in the IDEM MCM3 audit.
TASK 3: BIANNUAL REPORT SUBMITTAL TO IDEM
In October 2012. the City of Jeffersonville will be submitting the 2012 biannual report for their Stormwater
Quality Management Plan (SWOMP). These reports are required for the regulated stonnwater program, and
must evaluate efforts from 2011 and 2012 with respect to the goals established in the SWAMP completed in
November 2008. Since annual reporting began in 2004. the City has made significant efforts in tracking and
documenting program activities. Reports must summarize all program operations. including construction site
activities, post- construction measures. municipal operations, public education and participation by the City
and through the SWAC, training activities, on -going water quality characterization activities. and budgetary
information. When requested by Jeffersonville staff, Stantec will assist with the compilation and review of
annual report materials and provide a review of the draft report prior to the submittal date to IDEM.
Deliverables:
• SWAMP biannual reporting materials and information;
• Coordinating with IDEM on biannual report compilation and content; and
• Comments and a summary memo on the draft biannual report.
TASK 4: AS SUPPORT
Stantec will provide assistance to Jeffersonville when requested for miscellaneous stormwater program
support. Periodically, issues may arise that require additional support. Such measures may include
participation at Drainage Board meetings and work sessions. budget review and long -term planning. billing
system assistance and updates, regulatory agency coordination, project evaluation, municipal operations
updates and support, updates to the Stormwater Quality Management Plan, and other potential issues.
Stantec will assist Jeffersonville on an as- needed basis upon request by the appropriate City representative.
Deliverables:
• Attendance at Board Meetings and work sessions:
• Storrnwater program support: and
• Additional on-call services.
FEE
All tasks of this Scope of Services will be performed on a Time and Materials basis. per the attached rate
table. Direct expenses (maps. mileage, etc) will have no markup. Invoicing will be performed monthly.
•
•
II I
3
2011 US Billing Level
Breakpoints and Rate
Tables
Minimum South
Billing Region
Level Rate
1 $ 36
2 $ 41
3 $ 46
4 $ 52
5 $ 58
6 $ 65
7 $ 72
8 S 80
9 S 89
10 $ 100
11 $ 113
12 g 128
13 $ 147
14 $ 168
15 $ 194
16 $ 227
17 $ 268
18 $ 315
19 $ 315
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