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HomeMy WebLinkAbout03 Intercity Road ProjectJL~~'..~'4~'t`~ ~4r7~'^'A`v INTERCITY ROAD PROJECT AGREEMENT BETWEEN OWNER AND CONSULTANT FOR PROFESSIONAL ENGINEERING SERVICES mob ~ %60~ 31st day This Agreement, made and entered into this of Janus^~ , 1996, by and between the Department of Redevelopment, City of Jeffersonville, Indiana (hereinafter referred to as the "Local Public 120 Bell Avenue, Agency") and Jacobi, Toombs and Lanz, Inc. Consulting Engineers, Clarksville, Indiana 47129, (hereinafter refen-ed to as the "Consultant"). WITNESSETH WHEREAS, the Local Public Agency desires to contract for consulting services required in the Planning, Design and Construction Supervision for the following designated project, and all work incidental thereto (hereinafter described as the "Project"). INTERCITY ROAD PROJECT Development of a new arterial roadway connecting the City of Jeffersonville and the Town of Clarksville, providing for the potential access to I-65, and consisting of the following phases and components: eha~~ I Interlncal Po ion A portion of the Phase I Project will be shared financially on an equal basis - by the City of Jeffersonville and the Town of Clarksville. The Interiocal Portion of the Intercity Road Project extends from a point on the proposed Intercity Roadway approximately five hundred feet (500') West Page 1 • of I-65, (the normal point of touchdown from the bridge over I-65), to the Easterly Right-of--Way line of Hamburg Pike, for a total distance of approximately three fourths (3/4) mile. This portion of the Project includes the following components: 1. Approximately 500' of approach roadway West of the proposed bridge over I-65. 2. Abridge over I-65 (to be designed by others). 3. Abridge over U.S. 31 and the Conrail Railroad tracks. 4. The Roadway connecting the two above described bridges. 5. A ramp connecting the Intercity Road and U.S. 31 and required improvements to U.S. 31. 6. The Roadway from U.S. 31 to Hamburg Pike, including any required • improvements to Hamburg Pike. A portion of the Phase I Project will be completed solely by the City of Jeffersonville, and includes the following components: 1. The Intercity Road from Hamburg Pike to New Albany -Charlestown Pike. 2. A Sanitary Sewer Interceptor along S.R. 62 from just upstream of the Millcreek Pump Station to Allison Lane. 3. A Sanitary Sewer Interceptor along S.R. 62 from Allison Lane to near f=265, including a new pumping station and forcrye main. Page 2 4. Improvements to Allison Lane to accommodate the future Meijer Store development. The Phase II Project consists of roadway improvements along New Albany - Charlestown Pike and Holmans Lane from the Phase I Project terminus to S.R. 62. WHEREAS, the Consultant has expressed a willingness to provide said Planning, :~ Design and Construction Supervision as desired by the Local Public Agency and agrees to furnish the consulting services required in connection therewith; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto mutually covenant and agree as follows: I. CONSULTING SERVICES A. Preliminary Plans: After receiving from the Local Public Agency written Notice to Proceed, the Consultant agrees to make field surveys, to include all required survey data necessary for preparation for design plans. In addition, the Consultant agrees to prepare preliminary plans and itemized preliminary construction cost estimates in sufficient detail and accuracy as required to prepare final Contract Plans and Specifications. Said field surveys and preliminary cost estimates shall be in accordance with the accepted standards of practice and design criteria of the- Indiana Department of Transportation (INDOT). • Page 3 Field surveys will also be made, as necessary, to locate existing properties for right-of--way acquisition. B. Ri t-of-Wa~Plans: Upon approval of the. Preliminary Engineering Design by the Local Public Agency, the Consultant agrees to prepare Right-of-Way Plans, and Right-of-Way Plats and Descriptions for all of the parcels that need to be acquired for the Project. C. Final Engineering Design: Upon approval of the preliminary engineering design by the Local Public Agency and after receiving from the Local Public Agency Notice to Proceed with the final engineering plans, the Consultant agrees to prepare final Contract plans and specifications including special provisions and itemized final estimates of cast of construction. D. Subsurface Investigation: The Consultant shall make or cause to be made the necessary borings, subsurface explorations, and analysis thereof in accordance with the Indiana Department of Transportation's procedures and methods. Prior to making the borings, the Consultant shall submit boring specifications and boring locations and sketches for approval of the Local Public Agency. Borings shall extend sufficiently in depth to obtain characteristic data for the proper design of the foundation. Subsurface investigations are to be made under the supervision of the - Consultant and are to be authorized in advance by the Local Public Agency. Payment for authorized soils investigation work will be in addition to the basic engineering fees included in this Contract. Payment will be made by the Local Public Agency directly to the geotechnical subconsultant forthe actual Page 4 • units of work performed. E. Status Reports: The Consultant shall submit to the Local Public Agency monthly preliminary and final status reports showing progress and percentage of work complete. F. Gonference~ Visits to Site end Invest;g~fion: The Consultant shall attend such conferences, record and distribute such minutes, with the officials of the Local Public Agency and other interested agencies and governmental units as may be required in connection with the work. The Consultant shall make its services available to the Local Public Agency at the preconstruction conference and during the construction of the work for the interpretation of the plans and specifications, for the checking of shop drawings, and for • consultation during construction in the event unforseen or unusual conditions arise. Conferences may be held at the request of either party hereto. G. Reproductions: The Consultant shall furnish the Local Public Agency with __ two sets of reproductions of the final approved Contract plans, two sets of reproductions of the final approved Contract. specifications, and two sets of reproductions of the final estimate of costs.. In addition, the Consultant. shall. provide the Local Public Agency with two sets of all reports, brochures, plans and specifications that are necessary in connection with this project. The Local Public Agency may request additional copies, for which the Local Pubic Agency agrees to pay the Consultant its actual costs in reproducing such additional copies. Page 5 H. A~2 rn ovals: The Consultant shall obtain approvals of engineering design and all other matters from the City of Jeffersonville, the Town of Clarksville, the Indiana Department of Transportation (INDOT), Federal Highway Administration (FHWA) and all other affected. governmental agencies and utilities, as required. I. Bid Tahuiation: The Consultant shall provide the Local Public Agency with one reproducible bid tabulation sheet with itemized listing of quantities to be used for tabulation of the Contractors bids. J. Constructon Supervision and Resident In ion• After award of the Construction Contracts, the Consultant's Project Manager shall make periodic visits to the site of the work, no less often than weekly, and additionally, the Consultant shall provide a full time Resident Project Inspector(s) to ascertain that the work is being performed in accordance with the subject plans and specifications. The Consultant shall assist the Local Public Agency in preparation of all Change Orders, process and review all Contractors claims, keep a project budget and process payments as required. II. COMPLETION SCHEDULE A. Planninc.~and Design All Planing and Design work by the Consultant under this Agreement shall be completed and delivered to the Local Public Agency no later than 360 Page 6 • calendar days after notification to proceed with design for the Local Public Agency, each for Phase I and Phase II separately, exclusive of Local Public Agency, Indiana Department of Transportation and Federal Highway Administration review time. For the purpose of Contract control, the work will be submitted by the Consultant to the Local Public Agency for review and approval within the following approximate time periods: - 1. Design Plans: a. Grade Review and Structure Type Section plans within 150 calendar days after receipt for the Local Public Agency of notice to proceed with design. • b. Field Check Plans within 60 calendar days after receipt from the Local Public Agency of approval of the Grade Review and Structure Type Selection plans. c. Preliminary Plans for final approval within 60 calendar days after approval from the Local Public Agency of Field Check Plans. d. Final Contract Plans for Preliminary Review within 60 calendar days after receipt from the Local Public Agency of approval of Preliminary Plans. e. Final Tracings with cost estimates ,specifications and special provisions within 30 calendar days after receipt from the Local Public Agency of approval of final Contract Plans. Page 7 • 2 No later than the time set out above for submission of Preliminary Plans or final approval. B. Constr~~ction S~nervision and Resident In~~sfion The Consultant will be prepared to begin the Construction Supervision and Resident Inspection work under this Agreement within five (5) working days after a Letter of Notification to proceed is received from the Local Public Agency, and shall provide these services throughout the construction period of the components of this Project. The Consultant shall complete and deliver a-Final Record of Construction • and Final Estimate. to the Local Public Agency within ninety (90) calendar days after the Contractor's last day of work. III. OBLIGATIONS OF LOCAL PUBLIC AGENCY All data applicable to the project and in the possession of the Local Public Agency or its related agencies shall be made available to the Consultant when necessary. The Local Public Agency shall also be responsible for providing the following assistance or services: A. All legal services that may be required for the development of the project. B. Provide the necessary specialist to acquire last Deed of Record for all .property involved in the permanent or temporary right-of-way takings for the Project. • Page 8 • C. Guarantee access to enter u on ublic an p p d pnvate lands as required for the Consultant to perform work under this Agreement. IV. COMPENSATION The Local Public Agency, for and in consideration of the rendering of the Engineering Services described in this Agreement, agrees to pay the Consultant the fees enumerated herein: A. Planning an_ d Design 1. Phase I Project Intprt.,rw+r ~orhon The total fee for Planning and Design of the components of the Phase • I Project with the limits of the Interlocai portion shall be 298 $ ,400. The Phase I Project components included in the Interlocal Portion are as follows: a. Bridge over U.S. 31 and the Conrail Railroad Tracks. b. Intercity Roadway, I-65 Bridge to Hamburg Pike (including the Intercity Road to U.S. 31 ramp, improvements to U.S. 31, and improvements to Hamburg Pike). c. Intercity Roadway Ramp West of I-65 Bridge (approx. 500' of roadway). Page. 9 2. 3. The total fee for Planning and Design of the components of the Phase I project within the portion of the Project being funded only by the City of Jeffersonville shall be $275,480. The project components included in this portion are as follows: a. Intercity Roadway, frort~ Charlestown Pike. b. Sanitary Sewer Interceptor of Miilcreek Pump Station c. Sanitary Sewer Interceptor I-265, including a new Pun d. Allison Lane improvem development. Hamburg Pike to New Albany -- -- along S.R. 62, from just upstream--------- o Allison Lane. along S.R. 62, Allison Lane to near __ ping Station and Force Main. ' ~ ~' ~ ~'~ `~`~~ ants for future Meijer Store 1'~\ ; ` ~~ ?_~ ooh ;,~ The total fee-for Planning and Design of the components of the Phase 11 .Project shall~b'e $138,375, nd include the following project components. ~`'----~---~---~----- a. Roadway improvements along New Albany -Charlestown Pike and Hoimans Lane from the Phase I terminus of the Intercity Road to S.R. 62. Page 10 B. ConstrLCtion S ~nervision and Resident Ins ion Construction Supervision and Resident Inspection shall be provided on an hourly basis per employee classification with not-#o-exceed amounts. The hourly charges will be based on actual hours of work performed on this Project at the current salary and wages of each employee performing such work, increased by a 2.55 multiplier for overhead and profit. Overtime hours will be charged at 1.5 times the regular hour rates. In addition to the hourly fees, compensation will be made for direct Project related expenses such as job-related travel. 1. Phase I Proj.Qct - lntprlnral Pnrtinn The total compensation for the Construction Supervision and Resident Inspection for this portion of the Project shall not exceed $170,000.00 unless approved in writing by the Local Public Agency. Phase I Projects within the Interiocal Portion are described in Section IV. A.1 of this Agreement. 2. Phase I Project Jeffe~nnviiln Dn~4in., The total compensation for Cor~truc~on Supervision and Resident Inspection itirthis portion ofthe Project shall not exceed $124,425.00, l----~. unless approved in writing by the Local Pu~li caencv. ~ ~ _ ~-A+he,r~..D P~1cP 1.7 s `ee Z~, ~10~ _f rv _a •~ GGe~'tp~y,~ ~ IIL Page 11 ~.bz ~ , ~.x +~ = R-~ ~' A 11 ~~-a..~ La..w- l ~' o o J ~d c z.. ~; ~L,--. • Phase I Projects within the Jeffersonville portion of the Pro'ect are J described in Section IV.A.2 of this Agreement. 3. Phase 1I ProTp~ The total compensation for Construction Supervision and Resident Inspection for this phase of the Project sha(I not exceed $85,000.00, unless previously approved in writing by the Local Public Agency. Phase II Project components are described in Section IV.A.3 of this Agreement. B. Method of Pavmen • The Consultant may submit a maximum of one invoice voucher per calendar month forworic covered under this Agreement. The invoice voucher shall be submitted to the Local Public Agency. The invoice voucher shall represent the value to the Local Public Agency of the partially comple#ed work as of the date of the invoice voucher. C. Additional Fe Additional fees for any other services which are not-apart of the Basic Services indicated under Section IV., A., will be at our hourly rates for the individuals performing the work. The hourly charges will be based on actual hours of work performed on this project at the cun'ent salary and wages of Page 12 • the Consultant under this Agreement shall be made available, upon request, to the Local Public Agency without restriction on their use. In the event that the Consultant prepares preliminary plans only, the parties agree that there is no limitation on the subsequent use of such Plans or ideas if those preliminary Plans are later incorporated into later-prepared construction Plans. C. Delays and Ext~nsiens; The parties may agree for appropriate extensions of time in the case of unavoidable delays and for consideration of corresponding warranted adjustments in payment. Any such extensions or changes must be in writing. D. Abandonment If the Local Public Agency shall abandon the services described herein, the Consultant shall deliver to the Local Public Agency all • survey notes, drawings, specifications and estimates completed or partially completed, and these shall then become the property of the Local Public Agency. The year-end value of the work performed shall be based upon an estimate of portions of the total services as have been rendered by the Consultant to the date of the abandonment, and which may be mutually agreed upon by the Local Public Agency and the Consultant. The payment as made to the Consultant shall be paid as a final payment in full settlement of the Consultant services hereunder. E. Termination: This Agreement may be terminated by either party by giving seven days written notice, by mutual agreement. In the event of a substantial failure to perform in accordance with the terms hereof or by the other party through no fault of the tem~inating party, a similar written notice Page 14 of seven days must be given. If this Agreement is terminated, the Consultant shall be paid for the extent of services performed by it to the termination notice date. F. Design Credit: Whenever renderings, .photographs of renderings, photographs of models or photographs of the project are released by the Local Public Agency for publicity, proper credit for engineering design shall be given the Consultant providing the giving of such credit is without cost to the Local Public Agency. G. Non-discrimination: The Engineer shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to his or her hire, tenure, terms, conditions or privileges of employment, because of his or her race, color, religion, sex, • national origin or ancestry. Breach of this covenant may be regarded as a material breach of the Agreement: VI. RESPONSIBILITY FOR CLAIMS, INSURANCE AND LIABILITY The Consultant agrees to hold the Local Public Agency harmless and to indemnify the Local Public Agency for all claims and liability due to the negligent acts of the Consultant or the negligent acts of the Consultant's subcontractors, agents or employees. In addition, the Consultant agrees to indemnify the Local Public - Agency for any expenses incun'ed with any claims or lawsuits arising out of the negligence, of the Consultant or Consultant's subcontractors, agents or employees. In addition, the Consultant agrees to purchase and maintain at its expense the following kinds and amounts of insurance: Page 15 A. A policy covering the obligations of the Consultant in accordance with the provisions of the Workmen's Compensation law of the State of Indiana. B. Policies of bodily injury liability and property damage liability insurance with limits of liability of not less than $100,000.00 for each damage claim rising out of bodily injury and not less than $300,000.00 for all damages arising out of injury to or destruction of property suffered by two or more persons for any one accident. VII. SUCCESSORS AND ASSIGNS No portion of this Agreement shall be sublet, assigned or otherwise disposed of except with the written consent of the Local Public Agency. Consent to sublet, assign or otherwise dispose of any portion of this Contact shall not be construed to • relieve the Consultant of any responsibility for the fulfillment of the contract. Except as otherwise herein provided, the rights and obligations created by this Agreement shall run to the benefit of and shall be binding upon the heirs, executors, administrations, assign -and successors in interest of the parties hereto. VIII. DISPUTES All disputes between the parties here#o concerning questions of fact in connection with the work not disposed of by agreement between the parties shall be submitted _. to the American Arbitration Association. Costs of such arbitration shall be assessed as one of the issues to be arbitrated. Page 16 ~ . r • IX. COMPLIANCE WITH LAWS Unless otherwise specified, this Agreement shall be governed by the laws of the State of Indiana. In additions, the Consultant agrees to comply with all applicable Federal, State and Local laws and ordinances applicable to the contemplated work. X. EFFECTIVE DATE This Agreement shall become effective on the date of execution of this document by both the Local Public Agency and the Consultant. ' Xl. CONSULTANT'S ENDORSEMENTS The Consultant shall endorse all plans, specifications and estimates famished by it. IN WITNESS WHEREOF, the parties have made and executed this Agreement as • of the day and year first above written. OWNER CITY OF Ca I G. GbvGe~is, A/T^TEST: / 1 _ A Y INDIANA Director L Mead, Management Specialist • Page 17 CONSULTANT JACOBI, TOOMBS AND LANZ, INC.