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HomeMy WebLinkAboutJacobi, Toombs & Lanz Supplemental Contract #1 SUPPLEMENTAL CONTRACT NO.1 This Supplemental Contract No.1 made and entered into this q~ day of .Jut y , 2008, by and between The City of Jeffersonville, Indiana, acting by and through its proper officials, hereinafter referred to as the LOCAL PUBLIC AGENCY or LPA, and Jacobi, Toombs and Lanz, Inc., Consulting Engineers and Land Surveyors, 120 Bell Avenue, Clarksville, Indiana 47129, hereinafter referred to as the CONSULTANT. WITNESSETH WHEREAS, the LPA and the CONSULTANT did, on December 9, 1991, enter into a Contract providing for Preliminary Engineering Services required in the development of contract plans and for the professional services required in the preparation of the appropriate environmental studies for the reconstruction of Hamburg Pike from Dutch Lane to New Albany-Charlestown Pike, a distance of approximately 1.46 miles, in the City of Jeffersonville, IN, Clarks County, herein known as Project No. STP-C700004, Des. No. 9185035 and 9185036, and WHEREAS, the Original Contract dated December 9, 1991 is now inadequate and outdated, and the fees must be updated to allow for the completion of the plans, and, WHEREAS, now that Location-Design Approval has been granted by INDOT, it is appropriate and necessary to initiate and complete the Right-of- Way Engineering Phase of this project. NOW THEREFORE, it is agreed by and between the parties hereto to the following additions or changes in the Contract: APPENDIX "A" Services by CONSULTANT A.I The CONSULTANT shall update the field survey required to fmalize the design plans. 1. RIGHT -OF- WAY ENGINEERING The CONSULTANT shall provide right-of-way engineering in accordance with the procedures and standards as indicated in the Indiana Department of Transportation (INDOT) Division of Land Acquisition Right-of-Way Engineering Procedures Manual including but not limited to the following: 1. Prepare and provide one mylar and four (4) copies of the fmal right-of-way plans. 2. Provide a documented twenty (20) year title search prepared by a professional abstractor for each parcel with a fair market value of $5,000.00 or more. At the S:\Sydney\WPDOCS\9\920SFSupplemental\supplemental contract 1-070808.docx Page 1 of 7 time each such parcel is acquired, the title search shall be updated and one of the following documents issued: a. An examination of the abstract and opinion of title by an attorney, or b. A Guaranty of Title or Title Insurance in the amount of $5,000.00. For parcels with a fair market value of less than $5,000.00 and for temporary right-of-way, verify the last deed of record or provide a minimal title search prepared by a title company. 3. Provide metes and bounds legal descriptions and transfer documents for each parceL The descriptions shall be prepared and certified by an Indiana registered land surveyor. 4. Provide individual plats for each parceL Each plat shall be certified by an Indiana registered land surveyor and include the following: a. Total area before taking; b. Area of existing right-of-way; and c. Areas of all residue. 5. Provide separate folders for each parcel containing information obtained from A.I through A.4 of this Appendix. 6. Complete the Parcel Listing Summary Sheet in final right-of-way plans. 7. Provide in the field a stake-out locating the new right-of-way line (including temporary and permanent right-of-way) for the partial takings included in all parcels. The stake-out shall be made using wooden hubs located at changes in bearing and -other points necessary to show the location of the proposed right-of-way takings. J. APPRAISAL PROBLEMS ANALYSIS The CONSULTANT shall provide an Appraisal Problem Analysis prepared by an appraiser as approved by INDOT as follows: 1. Examine the right-of-way plans and determine the extent of the taking; 2. Perform an on-site inspection of each parcel requiring right-of-way acquisition; 3. Determine the type of appraisal needed for each parcel according to FHW A Regulations (49 CFR Part 24, dated March, 1989). 4. Complete an Appraisal Problem Analysis form for each parcel to be acquired; S:\Sydney\ WPDOCS\9\920SFISupplemental\supplemental contraCll-070808.docx Page 2 0 f 7 '~. 5. Prepare a summary sheet setting out: Parcel Number Name of Owner Size of Property Amount of right-of-way to be acquired Types of right-of-way to be acquired Recommended Appraisal form 6. Transmit two copies of the completed report to the appropriate LP A official for submission to INDOT for review. APPENDIX "B" INFORMATION AND SERVICES TO BE FURNISHED BY LOCAL PUBLIC AGENCY The LOCAL PUBLIC AGENCY (LPA) shall furnish the CONSULTANT with the following: 14. Sufficient quantities of all pertinent forms. 15. Mylar reproductions of the approved design plans 16. Access to (or make all provisions for the CONSULTANT to enter upon) public and private lands as required for the CONSULT ANT to perform the work under this agreement. 17. Review and approval of all completed transfer documents by an attorney (their own or fee attorney). 18. Copies of the design or location-design study reports. 19. Copies of the environmental studies and/or approvals. APPENDIX "c" SCHEDULE A.3 Update field survey within 30 calendar days of approval ofthis Supplemental Contract No. 1. A.8 Final field check plans within 90 calendar days after Notice To Proceed with the Supplemental Contract has been reviewed. A.9 Right-of-Way Tracings within 30 calendar days after approval of Right-of- W ay check S: ISydneyl WPDOCSl919205F\Supplementallsupplememal contract 1-070808dncx Page 3 of7 points and Final Field check Plans have been reviewed. A.I0 Final contract plans for preliminary review within 60 calendar days after approval of Final Field Check Plans. SCHEDULE OF RIGHT -OF- WAY ENGINEERING All work by the CONSULTANT under this agreement except Section 12-D below shall be completed and delivered to the LOCAL PUBLIC AGENCY no later than one hundred eighty (180) calendar days after notification of notice to proceed from the LOCAL PUBLIC AGENCY, exclusive of LOCAL PUBLIC AGENCY'S review time. D. ROADWAY DESIGN. RIGHT -OF- WAY PLANS AND BRIDGE PLANS 12. For the purpose of contract control the work will be submitted by the CONSULTANT to the LOCAL PUBLIC AGENCY for review within the following approximate time periods. A. Final Right-of-Way plans, title search, legal descriptions, transfer documents and land plats for each parcel within one-hundred five (105) calendar days after receipt from the LOCAL PUBLIC AGENCY of notice to proceed. B. Right-of-Way stake-out within thirty (30) calendar days after redeipt from the LOCAL PUBLIC AGENCY of approval of the final right-of-way plans and notification to proceed with the stake-out. C. Appraisal Problem Analysis report within forty-five (45) calendar days after right-of-way engineering is complete. D. Title search updating and issuance of title work to be at the time of each parcel acquisition. S:\Sydney\ WPDOCS\9\9205F\Supplemental\supplemental contract 1-070808.docx Page 40f7 APPENDIX "D" COJ\1PENSA TION A. AMOUNT OF PAYMENT 1. The Consultant shall receIve as payment the additional amount of this Supplemental Contract $386,070.00, increasing the maximum total not to exceed $568,008.36 unless a modification of the Contract is approved in writing by the LP A, INDOT and FHW A. 2. The Consultant will be paid for the work performed under this Contract, excluding the geotechnical services and pavement investigation services, on a Lump Sum basis in accordance with the following schedule: a.l Update Topographic Survey $7,000.00 e. Road Design & Plans Bridge Design and Plans (for Bridge RehabilitationlNew Supertructure) $194,605.00 f. $ 42.380.00 5. The CONSULTANT shall receive as payment for the work performed under this Agreement based on the specific cost per unit multiplied by the actual units of work performed. QUANTITY UNIT PRICE TOTAL 1 Lsum @ $XXXX.XX $20,400.00 Lsum @ $XXXX.XX $19,300.00 76 Each @ $250.00 $19000.00 17 Each @ $175.00 $2,975.00 10 Each @ $50.00 $500.00 10 Each @ $250.00 $2,500.00 95 Each @ $500.00 $47,500.00 100 Each @ $150.00 $15,000.00 78 Each @ $80.00 $6,240.00 89 Each @ $50.00 $4,450.00 Page 5 of7 a. Location Control Route Survey Plat b. Final Right-of-Way Plan c. Title Work With Guarantee Minllnal Search Updates Special Requests d. Legal Descriptions First Description Additional Description e. Transfer Documents Fee Simple Acquisition Temporary Acquisition S:\Sydney\ WPDOCS1919205F\Supplementallsupplemental contract 1-070808.docx f. Land Plats 95 Parcels $500.00 $17,500.00 @ Appraisal Problem Analysis 93 Parcels $200.00 $18,600.00 g. @ h. Right-of-Way Stake-Out 1 Lsum @ $XXXX.XX $27,400.00 TOTAL $231,365.00 The amount of$231,365.00 determined above is an estimate of the cost which the CONSULTANT will incur in fulfilling the requirements of Appendix "A". The final amount will be adjusted according to the actual units of work performed; however, the final amount shall not exceed $266,070.00 without approval of the LOCAL PUBLIC AGENCY and the Indiana Department of Transportation. B. Method of Payment 1. The CONSULTANT shall submit invoices to the LOCAL PUBLIC AGENCY, not more often than once per month during the progress ofthe work, for partial payment of account for the work completed to date. 2. For work performed under Section A.l of Appendix "A" the LOCAL PUBLIC AGENCY agrees to pay the CONSULTANT for the percentage of the work completed. 3. For work performed under Section A.2 through A.7 and Section B of Appendix "A" and upon completion ofthe respective work and its acceptance by the LOCAL PUBLIC AGENCY, the LOCAL PUBLIC AGENCY agrees to pay the CONSULTANT the fees established above. No partial payments shall be made on a per parcel fee. 4. In the event of a substantial change in the scope, character or complexity of the work on the project, the maximum fee payable and the specified fee shall be adjusted is accordance with item 12 (changes in work) of General Provisions set out in the Agreement. S: \Sydney\ WPDOCS\9\920SF\SupplementaJ\suppJemental contract 1-070808.MCX Page 60f7 . ..... EXCEPT as herein modified, changed and supplemented, all items of the original Contract dated December 9, 1991, shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this supplemental Contract the day and year first mentioned above. CONSULTANT I, TOOMBS AND L Barbara Wilson, Member ATTEST: Q~ . U]jtJk) City Attorney S: ISydneyl WPDOCSl919205F\Supplementallsupplemental contract 1-070808.docx Page 7 of7