NCS000540_Third Party Review_20220609

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July 11, 2019
Jon Young, PE
Re: Proposal for Stormwater Program Support
Dear Mr. Young:
The Town wants to consider contracting out some of its responsibilities regarding compliance with
provisions of its National Pollutant Discharge Elimination System (NPDES), Phase II, permit. This
permit was initially issued by NC DEQ in March 2011 and the current permit will expire in March 2021.
Mooresville anticipates its NPDES program will be audited by NC DEQ (and possibly US EPA) in 2022.
There are six minimum measures (MM) required by the Town's NPDES permit:
1. Public Education & Outreach
2. Public Involvement & Participation
^ 3. Illicit Discharge Detection & Elimination
4. Construction Site Runoff Controls
5. Post -Construction Site Runoff Controls
6. Pollution Prevention & Good Housekeeping for Municipal Operations
LJB has extensive experience with municipal stormwater NPDES programs and permits through its many
years providing consulting services to local governments around North Carolina. LJB is pleased to offer
our professional engineering services to provide stormwater program support for the Town of
Mooresville. We propose to perform this work in multiple phases, with one Phase I being authorized
under this Letter Agreement.
Our proposed Scope of Services for Phase I is as follows:
PHASE 1 SCOPE OF SERVICES
Task 1: Review and evaluate the Town's existing program related to each MM
Task 2: Provide recommendations for revision or improvement to bring the program into NPDES
compliance and up to the Town's expectations and desires.
Task 3: Work with Town staff to determine the most efficient use of staff hours to meet a portion of the
required minimum measures given the staff hours available.
Task 4: Prepare a specific scope of services, budget and schedule for program support to assist town staff
in maintaining compliance until on -going tasks can be satisfactorily completed with available
town staff.
LIS Inc. • 31 I -A South Muln Street . Nernmvllle. NC 272M . 13361 9%-9974 tel . L791nc.com

Proposal for Stormwater Program Support
July 11, 2019
Page 2
FUTURE PHASES
Based on the outcome of the Phase 1 evaluation and discussions, LJB will provide scope and budget for
on -going support to the extent desired by the Town. LJB is able to provide resources such as:
• Establish and implement stormwater program policies,
• Provide general training to Mooresville's non-stormwater staff on requirements, impacts, and
implications of Town compliance with stormwater and general environmental regulations
• Aid in implementation of selected stormwater services within the Town, such as inspection of
stormwater control measures, inventorying of stormwater infrastructure, etc.
• Provide organizational support to establish and implement stormwater program policies,
standards, and processes to meet NPDES permit requirements on a per-MM basis.
• Support the Town's Engineering and Stormwater staff in presenting and representing the program
to senior Town staff, elected officials, and the public, as needed.
BUDGET
We propose to perform Phase 1 services on a time and expense basis in accordance with our billing rate
schedule in effect at the time of services (current rate schedule attached). We propose an estimated
budget of $10,000. We will not exceed this budget without prior authorization. Our Terms and
Conditions of Service document (attached) spells out details under which we will perform services. This
proposal is valid for a period of 30 days from the date above.
SCHEDULE
We anticipate 60 to 90 days will be needed to complete Phase 1. We will communicate regularly with
you to keep you apprised of progress, findings, etc.
Thank you for your confidence and interest in LJB and we look forward to working with you. Please
indicate your authorization to proceed by signing below and returning a copy with the retainer to us. We
welcome any questions or comments.
Sincerely yours,
LJB Inc
Roberto Canales, PE
Vice President
I hereby authorize LJB Inc to proceed with the work outlined above and under the attached Terms and
Conditions of Service.
Town of Mooresville Representative
Printed Name
Date
Title
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WELL,
�JEWELL - L J B f]D/
2019 Fee Schedule
Project Manager (Registered) $155.00/HR
Project Engineer (Registered) $140.00/HR
Principal Engineer (Registered) $190.00/HR
Engineer Intern $115.00/HR
Construction Inspector $95.00/HR
Water Resources Specialist $80.00/HR
AutoCAD Technician (Senior) $75.00/HR
Secretary $60.00/HR
Mileage $0.65/mile
Expenses (not unit priced) Cost + 15%
Sub -Contractors Cost + 10%
Legal Proceedings (including wait time) 2 X Hourly Rate
Legal Preparation Time 1.5 X Hourly Rate
Note: This schedule is subject to revision at the first of each
calendar year.

Terms and Conditions
1. Client's Responsibilities
1.1. Client Representative. Client shall designate in writing a representative authorized to act
on behalf of Client with respect to the Project and the services rendered by LJB. Such
representative shall have authority to transmit instructions, receive information, grant
approvals, and take such other action as may be necessary to avoid unreasonable delay in
the progress of the performance of LJB's services.
1.2. Client's Requirements. Client shall provide full written information regarding Client's
requirements for the Project, including design objectives and restraints, schedule, space
requirements and relationships, flexibility, expandability, special equipment, systems and
site requirements. Client will furnish to LJB copies of all design and construction
standards, which Client will require to be included in drawings and specifications prepared
by LJB.
1.3. Ancillary Services. Client will furnish to LJB, or allow LJB to obtain at Client's expense,
such ancillary professional and other services as may be necessary or appropriate to proper
performance of LJB's services and completion of the Project. Such ancillary services may
include, without limitation thereto, those relating to environmental investigation and
analysis; traffic flow and control; investigation of subsurface conditions; investigation of
surface and subsurface water flow and the impact of the Project thereon; and surveying
activities and preparation of property descriptions. Client agrees and acknowledges that
such services may entail Client entering into an agreement with any such service provider
(e.g. Drilling and Environmental Addendum), and in the event that Client refuses to do so,
LJB may terminate the applicable statement of work associated therewith. It shall be the
Client's responsibility, together with the ancillary service provider, to ascertain the location
of all utilities and other subsurface structures. In the event LJB is asked by Client or the
ancillary service provider to mark any drawing or other document for drilling or other
subsurface exploration purposes, Client acknowledges that such markings are only general
guides. Therefore, it is the Client's responsibility, together with the ancillary service
provider, to ascertain the exact location of the drilling or other subsurface exploration site
that will not adversely impact any utility line or other subsurface structure.
1.4. Access to Site. Client shall secure rights of access for LJB to all property reasonably
necessary to the performance of LJB's services.
1.5. Governmental Permits and Approvals. Client shall obtain (with LJB's assistance if so
indicated in the description of LJB's services) all such governmental and regulatory permits
and approvals as may be necessary for completion of the Project.
1.6. Coordination. Client shall effectively and efficiently coordinate the activities of Client,
LJB, Architects, Contractors and others involved in the Project.
1.7. Reliance Upon Client Information. LJB shall have the right to rely upon any and all
information supplied to LJB by or through Client, and LJB shall not have a duty to verify
the accuracy of such information unless otherwise agreed in writing. Client shall hold
harmless, indemnify and defend LJB as to any claims, liabilities or expenses related,
directly or indirectly to LJB's use of or reliance upon such information.
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1.8. Timely Performance. Client shall discharge its responsibilities, as set forth herein and as
otherwise agreed, in a timely manner so as not to delay the services of LJB.
2. LJB's Responsibilities
2.1. Time of Performance. LJB will use its best efforts to complete its services in accordance
with the mutually agreed upon schedule and to coordinate its services with other parties
involved in the Project so as not to cause delay or interference with the work of such other
parties. If Client requests modifications or changes in the scope or extent of LJB's services,
the time of performance of such services shall be appropriately adjusted.
2.2. Additional Services. Services not expressly included within the description of the services
to be rendered by LJB are not covered by this Agreement. In the event Client desires
additional services and LJB is willing to provide such services, the parties shall execute a
supplement to this Agreement describing such services and setting forth LJB's
compensation for performing such services.
2.3. Standards. LJB will strive to perform services under this Agreement in a manner
consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing in the same locality under similar conditions. No other
representation, express or implied, and no warranty or guarantee is included or intended in
this Agreement, or in any report, opinion, document, or otherwise.
2.4. Insurance. LJB shall maintain the following insurance at all times during LJB's
performance of services for Client and, upon request by Client, provide certification
evidencing such insurance; Workers' Compensation and Employer's Liability Insurance in
conformity with applicable law for its employees; and Comprehensive General Liability.
Any additional insurance for the Project obtained by LJB at Client's request shall be at
Client's expense.
2.5. Record Drawings. Any record drawings to be prepared by LJB will be developed based
upon bid specifications and plans as modified by actual construction. Information related to
such modifications may be provided by others, including the construction contractors who
are to document such modifications as part of their performance. LJB may rely upon such
information and is not responsible for the accuracy of such information as it affects the
record drawings. Record drawings serve to document substantial alterations between bid
plans and actual construction and do not document minor alterations.
2.6. Confidentiality. LJB shall use reasonable efforts to preserve the confidentiality of any
information identified by Client as confidential.
2.7. Construction Services. LJB is not responsible for the means, methods or sequences of
construction or for the safety of workers or others at the construction site. Construction
observation services are neither exhaustive nor continuous and consist of periodic visits to
the Project site intended only to determine whether construction is in general conformance
with the construction contract documents. LJB is not responsible for the performance or
nonperformance of any contractor or other third party involved in the Project.
2.8. No Third Party Responsibility. Except for those subcontractors who contract directly
with LJB pursuant to Section 5.5, LJB assumes no duty or responsibility, which may be
construed as being for the benefit of, and therefore enforceable by, any contractors or
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subcontractors or their bonding companies. It is understood that LJB's obligations are
solely to Client.
3. Compensation
3.1. Progress Payments_ Client will be invoiced at the end of the first calendar month
following the effective date of this Agreement and at the end of each calendar month
thereafter. Such invoices shall reflect billing for work performed and Reimbursable
Expenses incurred by LJB during the month involved. Payment of an invoice is due upon
receipt of the invoice by Client. In the event of a dispute regarding an invoice, Client shall
pay all undisputed amounts pending resolution of the dispute.
3.2. Reimbursable Expenses. Reimbursable Expenses are expenditures made by LJB, its
employees or consultants in the interest of the Project. Reimbursable expenses include, but
are not limited to, (i) expense of transportation, subsistence and lodging when traveling in
connection with the Project; (ii) expense of long distance telephone charges, messenger
service, field office expenses, and fees paid for securing approval of authorities having
jurisdiction over the Project; (iii) expense of all reproduction, postage and handling of
drawings, specifications, reports and other Project -related instruments of service; and (iv)
expense of preparing perspectives, renderings and models.
3.3. Late Payment. LJB will assess a carrying charge of 1.5% per month on progress payments
not made within 30 days of the date of invoice, which charge is payable by Client upon
demand. LJB may, in its sole discretion and without notice, suspend or terminate its
services in the event Client does not pay any amount invoiced within such 30-day period.
LJB reserves the right to withhold from Client any drawings, specifications and other
instruments of LJB's service developed for Client pending payment of Client's outstanding
indebtedness.
3.4. Estimates. Estimates of construction cost, cost of LJB services, material quantities, and
construction time provided by LJB are estimates only based upon LJB's opinion and are
subject to change and are contingent upon factors over which LJB has no control. Except
as may be otherwise specifically agreed in writing with respect to the cost of LJB's
services, LJB does not guarantee the accuracy of such estimates.
3.5. Changes. The parties acknowledge that the nature of the Project is such that Client may
wish to make changes in the Project. Client may at any time authorize changes in the
services provided by LJB, issue additional instructions, request additional services, or
direct omission of services previously ordered. After LJB reviews each change request
made by Client, LJB shall advise Client in writing as to any necessary and appropriate fee
adjustments for LJB's services arising from the change. After LJB receives Client's written
authorization to proceed with such changes and Client's written approval of the
corresponding fee adjustments, if any, LJB will proceed to implement such changes. LJB
shall not be required to make changes to its work that it believes threatens the integrity or
safety of such work.
3.6. Other Adjustments. Except as may be expressly provided otherwise in this Agreement,
Client recognizes that LJB's compensation for services during construction contemplates
one construction contract being let and construction completion within the time
contemplated by this Agreement. If more than one construction contract is let, or if the
period of construction is exceeded through no fault of LJB, LJB's compensation (including
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. W
any estimate of such compensation) shall be appropriately increased for services rendered
in relation to such additional contracts or beyond such time period.
3.7. Serving as Witness or Consultant. In the event any principal or employee of LJB serves
or is required to serve as a witness or consultant for Client in any litigation, arbitration or
other legal or administrative proceeding involving the Project, Client shall compensate LJB
200 percent of the standard hourly rates then in effect for hours devoted to giving
testimony or providing consultative services and 150 percent of such rates for time devoted
to preparation for such testimony or consultation. In addition, Client shall reimburse LJB
for all related expenses.
4. LJB's Liability
4.1. Limitation on Liability. LJB's liability to Client which may arise from or be due directly
or indirectly to the professional acts, errors and/or omissions, including negligence, of LJB,
its agents, employees or consultants shall be limited so as not to exceed LJB's fees (as
indicated in this Agreement) associated with the statement of work in dispute.
5. General
5.1. Ownership of Documents. All original tracings, notes, data and other documents prepared
or furnished by LJB are instruments of professional service and shall be the property of
LJB. Such instruments are prepared and intended only for use as an integrated set on the
particular project and for the limited purposes specified. Modifications, or use on other
projects, of such instruments of service, or copies thereof, without LJB's prior written
consent shall be at Client's sole risk. Client shall hold harmless, indemnify and defend LJB
as to any and all claims, damages, losses and expenses, including attorney's fees, arising
out of any such modification or use.
5.2. Disputes Resolution. All claims, disputes, and other matters in controversy between LJB
and Client arising out of or in any way related to this Agreement will be submitted to
"alternative dispute resolution" (ADR) before and as a condition precedent to other
remedies provided by law. If and to the extent Client and LJB have agreed on methods for
resolving such disputes, then such methods will be set forth in the "Alternative Dispute
Resolution Agreement" which, if attached, is incorporated into and made a part of this
Agreement. If no specific ADR procedures are set forth in this Agreement, then it shall be
understood that the parties shall submit disputes to mediation as a condition precedent to
litigation.
If a dispute at law arises from matters related to the services provided under this agreement
and that dispute requires litigation instead of ADR as provided above, then:
5.2.1. The claim will be brought and tried in judicial jurisdiction of the court of the
county where LJB's principal place of business is located and Client waives the
right to remove the action to any other county or judicial jurisdiction, and
5.2.2. The prevailing party will be entitled to recovery of all reasonable costs incurred,
including staff time, court costs, attorneys' fees, and other claim related expenses.
5.3. Termination. This Agreement may be terminated by Client upon at least seven days
written notice to LJB in the event that the Project is permanently abandoned. In the event
that either party (the "Defaulting Party") shall breach or fail to comply with any provision
REVISED 121312012
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of this Agreement and such breach or failure shall continue for a period of seven days after
the giving of written notice thereof by the other party, such other party may terminate this
Agreement immediately upon the giving of notice of such termination to the Defaulting
Party. If this Agreement is terminated through no fault of LJB, Client shall pay LJB for
services performed and Reimbursable Expenses incurred in accordance with this
Agreement and, upon request, a Termination Adjustment equal to 15% of the estimated fee
remaining to be earned at the time of termination to account for LJB's rescheduling
adjustments, reassignment of personnel, and related costs due to termination.
5.4. Insolvency of Client. In the event client becomes involved as a debtor, in any bankruptcy,
insolvency, receivership or other similar proceedings, LJB may, at its discretion, suspend
performance of its obligations under this Agreement.
5.5. Assignment: Subcontracting. Neither Client nor LJB shall assign its interest in this
Agreement without the written consent of the other, except that LJB may subcontract any
portion of its services without such consent.
5.6. Force Majeure. Any delay or default in the performance of any obligation of either party
under this Agreement resulting from any cause(s) beyond such party's reasonable control
shall not be deemed a breach of this Agreement. The occurrence of any such event shall
suspend the obligations of such party as long as performance is delayed or prevented
thereby.
5.7. Attorney's Fees. In the event of default hereunder, the defaulting party shall pay all costs
incurred by the non -defaulting party in enforcing this Agreement, including reasonable
attorneys' fees whether incurred in connection with initiation of legal proceedings or
otherwise.
5.8. Miscellaneous. This Agreement shall be interpreted and enforced according to the laws of
the State of Ohio as applicable to agreements executed and entirely performed within the
State of Ohio. The captioned headings contained in this Agreement are for convenience of
reference only and shall in no way affect the meaning or interpretation of this Agreement.
The invalidity of any clause or provision of this Agreement shall not affect the validity or
enforceability of any other clause or provision contained herein. This Agreement
supersedes all prior agreements, arrangements and understandings relating to the subject
matter hereof. No oral representation, promise, inducement or statement of intention has
been made by either party, which is not embodied in this Agreement or in the other
documents delivered pursuant hereto. This Agreement may be amended, modified,
superseded or canceled only by a written instrument executed by both parties hereto. The
failure of either party at any time or times to require performance of any provision of this
Agreement shall in no manner affect the right at a later time to enforce the same. No
waiver by either party of the breach of any term contained in this Agreement, whether by
conduct or otherwise, shall be deemed to be or construed as a further or continuing waiver
of such breach.
END OF TERMS AND CONDITIONS
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