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HomeMy WebLinkAbout02 Jacobi Toombs & LanzL~rnntlvlCtVl Vt'tCCLCVCLVI'MCN1 G`.~y ~~ David C. Duggins, Jr. Thomas R. Galligan 4. _ . ~ Executive Director Mayor °' o W * ,` N 812 - 285 - 6406 office r_. ~~ ~ 812 - 285 - 6468 fax v RSO~` City-County Building 501 E. Court Avenue Jeffersonville, Indiana 47130 City of Jeffersonville Attn: Robert Miller, Engineer 501 E. Court Ave. Jeffersonville, IN 47130 Memo: Repayment of monies from the 10th Street revitalization fund by the tax increment finance district accounts The Inter-City Road tax increment finance district was loaned money by our office for the completion of Meijer's development. The amount that was loaned was three hundred and fifty thousand dollars ($350,000.00). These monies were to be repaid by the TIF district when adequate funding became available. It is my opinion that after the fall collection of 2002 adequate resources will be available, and should be repaid. This opinion is based on the spring collection of 2002 and the cost of the Inter-City Road construction budget. I feel that the Redevelopment Commission should approve a claim for the amount totaling $350,000.00 at its December 2002 meeting. The TIF district has also borrowed two hundred twenty thousand two hundred dollars ($227,000.00) for work in the Gateway Project area. It is my opinion that collections in the TIF account will be able to reimburse this amount after the spring collection in 2003. The Director will need to analyze that amounts collected to make this decision. I base this opinion on the fact the collections in the Riverfront TIF and the Inter-City Road TIF's have been collecting a surplus amount in the past. The amounts collected are subject to new taxation laws and therefore could change. The Director will need to look at the collections closely before recommending the repayment of these dollars. Please feel free to contact me for any questions. ' cerely, 'd C. Dug- ns < Executive Director An equal opportunity employer. • Jacobi, Toombs and Lanz, Inc. • 12o Be//Avenue C/arksvi//e, /ndiana 47128 Consultin En g gineers /812/ 288-6646 Fax (8121288-6656 Subconsultant Services Agreement This is an agreement made as of this Inc. JTL (Consultant), a registered core ro at onyand Fuller Mos -~_, 2002, between Jacobi Toombs and Lanz (Subconsultant). sbar er Scott and Ma Consultant hereby retains Subconsultant to Inc. FMSM Attachment A. Subconsultant agrees to pertorm services in connection with a Project as described described in Attachment A and in accordance with the terms describe pertorm the services in consideration of the com ~n This Agreement consists of this document together with Attach din Attachment B, pensation Attachment B -Terms and Conditions. understandin s. This agreement supercedes a~~ sect Requirements, and executed written in t u e t ment may only be amended, su pplemented, modifiedpo cancelled b nd oral In executing this Agreement, the undersigned also acknowfed es y a duly terms and conditions. 9 their authority to bind the parties to all In witness whereof, the parties hereto have made and executed t first written. his Agreement as of the day and year Consultant: Jacobi, Toombs and Lanz, Inc. • 120 Bell Avenue Clarksville, Indiana 47129 (812) 288-6646 By ----__ (Name, Title) Witness Subconsultant: Fuller, Mossbarger, Scott and May 1901 Nelson Miller Parkway Louisville, Kentucky 40223-2177 (502)212_5000 By ~_ (Name, Title) Witness U Jacobi, Toombs and Lanz, Inc. C.~DOCLQv1E_7~4DMINI-ICI.OCALS-I1TempUTLgC.REEMENTFMSM Veteranspk~,Y1 doc Subconsultant Services Agreement 09/23/02 Subconsultant Services Agreement • Attachment A Project Requirements Consultant: Jacobi, Toombs and Lanz, Inc. Subconsultant: Fuller, Mossbarger, Scott and May, Inc. Project Description: The primary purpose of this project is to provide earthwork testis f Clark County, Indiana. It is anticipated that 400,000 cubic g or the Veterans Parkwa approximately 160 days is estimated for construction. Y project in yards of fill will be placed, and that Scope of Services Included: FMSM will provide an Engineering Technician a ui of compacted fill. Standard Proctor tests will alsopbe with a nuclear density meter for earthwork testis laboratory test data sheets to document the testis and submitted to performed in our laboratory. Field reports and Engineer. y Manager, you. Project management and c'olnsultaton~ (asl needed) willLbeorator Project Schedule: provided by an Approximately 160 days is estimated for construction. Method of Compensation: • Compensation for these services shall be on a time and materi reimbursable expenses. The estimated cost breakdown is as follows: als basis at standard rates and 1. Engineering Technician (equipped with Nuclear Densit Assume 160 days x 8 hours per da Y Meter) - Y @ $45.00/hour ................................ 2• Standard Proctor Tests - •~~••$ 57,600.00 Assume 4 tests @ $170.00/test ................................ 3. Laborato ................................... $ 680.00 ry Manager (Management, Scheduling, Report Review) - Assume 150 hours @ $55.00/hour ........................................................... 4. Clerical- ~~~•$ 8,250.00 80 hours @ $45.00/hour ............................. ................................................ $ 2,240.00 5. Vehicle Mileage - 160 days x 50 miles per day @ $0.28/mile ............................................. 6. Project Manager- ••••~~•$ 3,600.00 16 hours @ $110.00/hour .................... ...................................................... Estimated Cos • • ~ ~ 1 760.00 t ................. ............................. Our charges for earthwork testis ~~~~~~"""""""'~~$ 74,130.00 dependent on factors such as contractor g will be based on actual man hours, number of tests, etc. calculated using the unit rates shown aboveproduction rates, schedules, and weather. Chargeshw l be • Monthly invoices will be submitted. Jacobi, Toombs and Lanz, Inc. C:IDOCUME_~\gDMINI-~U,OCALS-7\TempUTLAGREEMENTFMSM VeteransPkwy~.doc Subconsultant Services Agreement 09/23/02 Subconsultant Services Agreement Attachment B • Terms ~ Conditions services foruthe P ojectt asCs wrll pertorm professional and in accordance with these Terms h rn Attachment A Project initiation Authorized & Conditions. circumstances that could not be foreseened to Representatives The officer address the Pro~ect b JTL shall notify the Client of the the onl 1 y Jacobi, Toombs and assigned to In that event, y authorized representative to Lanz, Inc services and JTL shall need for commitments on make decisions or approved b paY for such additional serv~ es a representative with similar autho ey C JTL and Y the Client in the shall desi SC may subse amount and manner as Project ~qe gnate /nde quently agree. objectives, re wrements pendent Consu/tant SC JTL shall confirm independent consultant for services hall serve the Pro' quirements, constraints, and the agreement. SC shall retain control over as an )act based on Client in criteria for provided under this established desi put If the methods used in the means and SC at Project gCe tandards, they shall be furnished to retain subconsultantsrttoming their services and design standards ptron. SC will review the determined b pertorm certain services as standards considerinand may recommend Client Standard y SC. Site 9 the standard of care alternate of Care Services Access The Client shall obtain provision. performed with the care and skip)) ordinariby SC will be approvals for SC to access the Project site(s), members of the Period of Service ail necessary similar circumstances.me Y exercised by profession practicin Project in SC shall pertorm the services for the COmp/~ance 9 under a timely manner with Laws SC shall professional practice. consistent with consistent with pertorm its services services accordin SC Fill strive to sound endeavor to incor sound professional Attachment g to the Project schedule Set om its standards a Porate laws, re practice and A. The services of rth in Pplicable at the time the work rs codes, and considered complete when each task shall be Permits and A have been deliverables for PProva/s SC will assist JTL iertormed. presented to the Client. the task applications and supportin Compensation secure 9 documents for the C lent td pertormed b In consideration Permits anheapprovals from havin • y SC, JTL shall °f the services jurisdiction over agencies forth in Attachment A. The paY SC in the manner set Project. SC g application and review fees understands all terms of compensation are ba alas acknowled Ownershi will be paid b continuous 9e that p of Documents Y the Client. progress of the Project. on an order) SC for the Project are instruments of service Payment Definitions Y and remain the prepared by apply to methods of The followin service shall beperty of SC• Record documentshof Payment: g definitions shall based on • Sala furnish documents of the Printed co rY cost is defined as the individuals releases service electronicalply SC may salary plus customs SC from any liabilit Y and JTL Statuto rY and statuto base documents used in this form. Y that ry benefits shall be as rY benefits. may result from and customs prescribed b /assurance SC will maintain the following insurance and ry benefits shall be as establishedlby and JTL SC employment policy. 9e limits during the • Cost lus is will be na period of service, The Client p defined as the individuals base salary mad as an additional insured on the plus actual Commercial General Liabili Overhead °verhead plus professional policies. tY and Automobile Liability shall include customs fee. benefits, administrative expense, ry and statutory operating costs. and non- wo.~ker's project Com ensation As required by applicable state • Lump sum is defined as a fixed statute the scope of services described. pace amount for Com~cral • Subcontracted General Liabilit $1,000,000 per occurrence related services Seryjces are defined (bodily injury includin provided b as Project prOPerty dams g death & • Reimbursable Y other parties to SC aggre ate, ge) $2,000,000 expenses Auto.-- mobile 9 $5,000,000 aircraft. expenses incurred in are defined $1,000,000 combined single connection with the Projectual Lia~Y /'aYment Terms SC shall limit for bodil in'u services performed and JTL submit statements propert Y ~ rY and amount within fourteen shall for Profe_ ssional Y damage (14) da paY the full invoice Lia~Y $500,000 from the Client. Ys of receivin each claim and in the Additions/ g payment aggregate Services The SC Waiver of at additional and JTL acknowledge Subrogation SC shall endeavor to ob roject to address ssuesnthat I7ra necessa waiver of subro ry for the writing by the Cigienlt provided hat SCnt, if re tarn a Jacobi, Toombs and y not be known at quested in Lanz, Inc. will not increase Page 1 of 2 Subconsultant Terms & Conditions Rev 4/10/02 its exposure to risk and Client will pay the cost associated with any premium increase or special fees. Indemnification SC shall indemnify JTL from any reasonable damages caused solely by the negligent act, error, or omission of SC in the performance of services under the Project. If such damage results in part by the negligence of others, SC shall be liable to the extent of their negligence. Cost Opinions SC shall prepare cost opinions for the Project based on experience and historical information that represent the judgment of a qualified professional. Shop Drawing Review If included in the scope of service, SC shall review shop-drawing submittals from the contractor for their conformance with the design intent of and performance criteria specified for the Project. Construction Review If included in the scope of service, SC 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 SC responsible for the work pertormed by another party, the means, methods, techniques, sequences, or procedures selected by another party, nor the safety precautions or programs of another party. Rejection of Work SC may only recommend that the Client reject work by construction contractors that does not conform to the requirements of the Project. Safety SC shall be responsible for the safety precautions or programs of its employees. Information from Other Parties SC and JTL acknowledge that SC will rely on information furnished by other parties in pertorming its services under the Project. Construction Record Drawings If included in the scope of service, SC will deliver construction record drawings to JTL incorporating information furnished by construction contractors. In that construction record drawings are based on information provided by others, JTL will not warrant their accuracy. Defects in Service JTL shall promptly notify SC of any defect or suspected defect in the services pertormed. SC will take timely action to minimize the consequences of any confirmed defect. SC shall correct defects at their cost. Dispute Resolution SC 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. SC shall continue to pertorm services for the Project and the JTL shall pay for such services unless the Client issues a written notice to suspend or terminate work. Suspension of Work JTL may suspend services performed by SC with cause upon fourteen (14) days written notice. SC shall submit an invoice for services pertormed up to the effective date of the work suspension and JTL shall pay SC all outstanding invoices within fourteen (14) days of receiving payment from the Client. If the work suspension exceeds thirty (30) days from the effective work suspension date, SC shall be entitled to renegotiate the Project schedule and the compensation terms for the Project. Termination SC 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 fulfil! its obligations of the terms hereunder. SC shall submit an invoice for services performed up to the effective date of termination and JTL shall pay SC all outstanding invoices within fourteen (14) days of receiving payment from the Client. JTL may withhold an amount for services that may be in dispute provided that JTL furnishes a written notice of the basis for their dispute and that the amount withheld represents a reasonable value. 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 the provisions of these terms and conditions shall not constitute a waiver of such provisions nor diminish the right of either party to the remedies of such provisions. Warranty SC warrants that they will deliver products under the Project within the standard of care. Severability Any provision of these terms later held to violate any law shall be deemed void and all remaining provisions shalt continue in force. In such event, SC 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 SC and JTL shall survive the completion or termination of services for the Project. Jacobi, Toombs and Lanz, Inc. Page 2 of 2 Subconsultant Terms & Conditions Rev 4110/02