HomeMy WebLinkAbout03) Agreement with Jacobi, Toombs & Lanz (2)
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(\ I BONENBERGER'S OAK GROVE SUBDIVISION RECONSTRUCTION PROJECT
JEFFERSONVILLE DRAINAGE BOARD
JEFFERSONVILLE, INDIANA
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
DESIGN/CONSTRUCTION INSPECTION
This is an agreement made as of this 2/ E:T day of c>c-r\)~, 2003, between the City of
Jeffersonville, Indiana, acting thru its duly appointed Drainage Board (CLIENT) and Jacobi, Toombs, and
Lanz, Inc. (JTL), a firm of Professional Engineers, Surveyors and GIS Specialists.
CLIENT hereby retains JTL to perform services as described in Attachment A. JTL agrees to perform the
services in consideration of the compensation described in Attachment B and in accordance with the terms
described in Attachment C. Hourly rates for inspection will be in accordance with Attachment D.
This Agreement consists of this document together with Attachment A - Project Description, Attachment B - Fee
Computation Summary, Attachment C - Terms ahd Conditions and Attachment D - Current Hourly Rates. This
agreement between the CLIENT and JTL supercedes all prior written and oral understandings. This agreement
may only be amended, supplemented, modified or canceled by a duly executed written instrument.
In executing this Agreement, the undersigned also acknowledge their authority to bind the parties to all terms
and conditions.
In witness whereof, the parties hereto have made and executed this Agreement as of the day and year first
written.
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CLIENT:
CONSUL TANT:
Jacobi, Toombs and Lanz, Inc.
Consulting Engineers
120 Bell Avenue
Clarksville In 'ana 47129
By:
By:
WitneSS:r~/ ~. Witness'
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A 1T ACHMENT A
PROJECT DESCRIPTION
The project consists of making improvements to the Bonenberger area including Woodlawn Avenue, Myrtle
Street, William Street, Mary Street, Franklin Street, Roselawn Street, Washington Street, Sycamore Drive, Rose
Street and Poplar Drive as shown on the attach~d small map.
The improvements proposed are to convert a very large sanitary sewer on Myrtle Street into a storm sewer,
installing a sanitary sewer in it's place, and then using the large sewer for draining the other areas. Storm
sewers and catch basins would then be installed on all streets to drain them into the converted sewer. After
installation of the sanitary and storm sewers, the streets will be edged with new concrete curb and gutter
constructed along both sides of all the streets. Qriveways will then be reconnected to the curb and the streets
paved with asphalt and all yard areas restored and seeded.
The engineering services to be performed will be as follows:
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Acquire property maps of all the area.
Locate property corners to define the blocks and street right-of-ways.
Set elevation bench marks and take el~vations on all existing drainage and sanitary sewer features,
along the center of each driveway and at other pertinent locations to be used to design all the
improvements.
Research and have all existing utilities marked and located to determine how to work around them.
Locate existing sanitary sewer house laterals on Myrtle to design the replacement (smaller, more
shallow) sanitary sewer.
Go out to area during rain events to mark flooded areas.
Design street grades, curb placement, and storm sewers to drain the area, and to blend into each
driveway so as not to be too steep.
Prepare plans and specifications for bidding purposes.
Prepare preliminary and final estimates of cost.
Attend Board meeting and present the project at various points.
Schedule, attend and compile results of the bid opening.
Recommend award of the construction t;:;ontract.
Inspect construction of the projectfull-time for its duration.
Prepare and administer Pay Requests and Change Orders during the construction process.
Cooperate with the Board, its Accountants and Attorney in the issuance of Bonds for funding with
exhibits, estimates or whatever else is needed.
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The engineering fees for design and inspection are shown in Attachment B. We have deducted $27,515.77 from
our computed fee as credit for all previous payments related to this project.
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r ATTACHMENT B
FEE COM~UTATION SUMMARY
1. Collection of information, property data, locate property corners, prepare map. $ 4,365.00
2. Set elevation bench marks, take elevations, plot all data on large plan, work out $ 6,790.00
preliminary design of how area would be. drained and present for approval of City.
3. Prepare final design of sanitary sewers, storm sewers, streets, driveway entrances. $ 25,705.00
Prepare plans, specifications and bid documents for bidding purposes. Present for
final approval.
4. Complete any necessary revisions, publish notice, distribute plans to bidders, attend $ E>,305.00
bid opening, award and process contractors documents.
5. During construction, observe contractor, handle questions and work out problems $ 5,335.00
that arise.
LUMP SUM FEE TOTAL $ 48,500.00
6. Provide full-time inspection during the nine (9) month construction period. This will
be performed at the hourly rates in Attachment 0, not to exceed $102,300.00
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Profession~1 Services Agreement
Attachment C - Terms & Conditions
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'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 availaple
information and various assumptions. The Client
acknowledges that adjustments to the schedule aJ1d
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. Tre
Client shall designate a representative with similar
- authority.
Project Requirements The Client shall confirm t\1e
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
r 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 pe
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 individu'al.
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. 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
Terms & Conditions Rev 10/22/01
$500,000 per Accident
and $500,000 Policy Limit
$1,000,000 per
occurrence (bodily injury
including death &
property damage)
$2,000,000 aggregate
$1,000,000 combined
single limit for bodily
injury and property
damage
$500,000 each claim and
in the aggregate
The Client shall make arrangements for Builder's Risk,
Protective Liability, Pollution Prevention, and other
specific insurance coverage warranted for the Project in
amounts appropriate to the Project value and risks. 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
~easonable 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 party 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 otrer
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.
/' " ben Rights JTL may file a lien against the Client's
property in the event that the Client does not m<ilke
payment within the time prescribed in this agre~ment.
The Client agrees that services by JTL are considered
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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.
Worker's Compensation
Commercial General
Liability
Automobile Liability
Professional Liability
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property improvements and the Client waives the rightto
any legal defense to the contrary.
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 contingE~ncy 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.
Terms & Conditions Rev 10/22/01
Rejection of Work JTL may recommend that the Cli~nt
reject work by construction contractors that does I')ot
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 serviqes
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 seven (7) days written notice in the
event of substantial failure by the other party to fulfill its
obligations of the terms hereunder. 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.
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Terms & Conditions Rev 10/22/01
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ATTACHMENT D
CURRENT HOURLY RATES
HOURL.Y
SYMBOL CLASSIFICATION BILLING RATE
(SE) Senior Engineer (P.E.) 110.00
(PM) Project Manager (P.E.) 95.00
(PE) Project Engineer (P.E.) 80.00
(DE) Design Engineer (P.E.) 75.00
(DT) Detail Engineer (E.I. T.) 55.00
(EA) Engineer Assistant 45.00
(LS) Land Surveyor (Registered) 65.00
(LAS) Land Acquisition Specialist 50.00
(CGM) CADD/GIS Manager 70.00
(CM) Cadd Manager 55.00
rii (GIS) GIS Technician 45.00
(CT) Cadd TechnicianiPraftsperson 45.00
(SC) Survey Chief (Not Registered) 45.00
(ST) Survey Technician 35.00
(SA) Surveyor Assistant 25.00
(FC2) 2-Man Field Crew 80.00
(FC3) 3-Man Field Crew 115.00
(RCM) Resident Construction Manager 60.00
(RP) Resident Construction Representative 55.00
(RI) Resident Inspector 43.00
(CL) Clerical 38.00
GPS GPS Equipment (06/24/02) 50.00
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WALNUT RIDGE
CEMETERY
WALNut RIDGE '
CEMETERY EAST
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