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HomeMy WebLinkAboutWilson School ImprovementsWILSON SCHOOL ROAD IMPROVEMENTS JEFFERSONVILLE BOARD OF PUBLIC WORKS & SAFETY JEFFERSONVILLE, INDIANA PROFESSIONAL ENGINEERING SERVICES AGREEMENT This is an agreement made as of this ~ 9 day of ~-i'u ~ ~ ~" , 2009, between the City of Jeffersonville, Indiana, acting thru its duly appointed Board of Public Works and Safety (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 Professional Engineering Services described in Attachment A and in accordance with the terms described in Attachment C. This Agreement consists of this document together with Attachment A -Project Description and Proposed Engineering Services, Attachment B -Fee Schedule, Attachment C -Hourly Billing Rates and Attachment D -Terms and Conditions. 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. CLIENT.• Jeffersonville Board of Public Works and Safety Jeffersonville, Indiana 500 Quartermaster Court Jeffersonville, Indiana 47130 By: 5 ayor Thomas R. Ga ~ ,President R b L. Miller, Member ~% Barbara L. Wilson, Member CONSULTAIVT.• Jacobi, Toombs and Lanz, Inc. Consulting Engineers 120 Bell ~? Clarksville By: Witness: S:\SYDNEY\WPDOGS\US\0872\ENG[NEERINGAGREEMENT.DOCX Page 1 Of 1 ey Finney, Adm. Asst. Attachment A: Project Description and Proposed Engineering Services 1. Project Description The purpose of this project is to design a new street to connect Jeffersonville-Charlestown Pike to New Albany-Charlestown Pike along the Southwesterly portion of Wilson Elementary School. The project length in approx. 1,200 feet, and will consist of a two-lane road flanked by curb and gutters, and sidewalks. Turning lanes will be included at the intersection of both Pikes as required. A traffic study will be completed to evaluate the effects of closing access from Jeffersonville- Charlestown Pike to Holmans Lane by installing a cul-de-sac. Also, a warrant study will be completed to determine if a traffic signal is required at the intersection of New Albany-Charlestown Pike. If this signal is required, signal design will be provided. 2. Scope of Engineering Services The Consultant shall provide the following: I. Survey and Design 1. Topographic Survey of improvement route. 2. Design, preparation of plans, specifications, contract documents. 3. Preparation of any Easement plats and descriptions that may be necessary for the project. 4. Coordination with the Client, and State agencies, including preparation and submittal of any permit applications that may be required. 5. Utility relocation coordination 6. Assist the Owner in bidding the work, analyze Contractor bids received, and make award recommendation. 7. Provide and manage the Geotechnical Investigation as required. 8. Provide Traffic Analysis of corridor to assess the beneficial or negative effects of closing Jeffersonville-Charlestown Pike at Holmans Lane by installing a cul-de-sac. 9. Provide traffic signal criteria study (warrant analysis) for signal at New Albany-Charlestown Pike and Wilson School Road. 10. If signal is warranted, provide design, plans and specifications. 5:l5ydnEyiL"Jr DCiCSt=s,+';Q3.2ienaneerirgas,r~ar.~ent.docx Professions( Seruices Agreemenf II. Construction Observation 1. The construction inspector required to ascertain that the project is constructed in accordance with the contract documents will be provided by the CLIENT. 2. Review shop drawings submitted by the Contractor, Contractor payment requests. 3. Address Contractors questions, work out problems that may arise. 4. Report to the Client on a monthly basis. 5. Preparation and negotiation of change orders. 3. Project Schedule Survey and Design Services shall commence upon receipt of a signed contract and notice-to- proceed, and shall be completed within one hundred twenty (120) calendar days. Construction Observation Services shall be provided during construction, tentatively scheduled to commence spring 2010. S.;S~dr;eyi`fJPGOCSt~ n;~S'2tAngneerirga;~reer?~art. dccx Pro#essionaE ~eruices Agreerrient Professional Services Agreement Attachment B: Fee Schedule The Consultant shall receive as payment for the work performed under this agreement the following fees: I. Survey and Design For items I.1 thru I.9, JTL shall be compensated the lump sum fee of forty seven thousand seven hundred fifty dollars ($47,750.00) For item I.10, JTL shall be compensated the lump sum fee of five thousand dollars ($5,000.00). II. Construction Observation For items II.1 thru II.5, JTL shall be compensated on a Time and Material basis, based on the hourly billing rates shown in Attachment `C' with an initial Not-To-Exceed budget of thirty thousand dollars ($30,000.00) S:?SyUneyiVJPCO'Si^rc,t~u'2teng€n~erirgagr~e^ i~ttY. da.x i~'rofessiorsa( ~eruices Agree~:nt ATTACHMENT `C' JACOBI, TOOMBS AND LANZ, INC. 2008 HOURLY BILLING RATES January 9, 2008 ~' HOURLY CODE CLASSIFICATION RATE SE Principal (P.E.) 130.00 PM Project Manager (P.E.) 110.00 SPE Senior Project Engineer (P.E.) 100.00 PE2 Project Engineer II (P.E.) 95.00 PEl Project Engineer I (P.E.) 90.00 DE2 Design Engineer II(P.E.) 85.00 DEl Design Engineer I(P.E.) 80.00 DT Detail Engineer II (E.I.T.) 62.50 DTT Detail Engineer I(E.I.T.) 57.50 EA Engineer Assistant 50.00 EA2 Engineer Assistant (in training) 35.00 CGM CADD/GIS Manager 95.00 CM CADD Manager 65.00 GIS GIS Technician 55.00 CT CADD Technician/Draftsperson 50.00 CD CADD Designer 62.50 SM Survey Manager (P.E./P.L.S.) 95.00 LS Land Surveyor (Licensed) 75.00 SC Survey Chief (Not Registered) 55.00 ST Survey Technician 45.00 SA Surveyor Assistant 35.00 FC2 2-Man Field Crew 100.00 FC3 3-Man Field Crew 140.00 RCM Resident Construction Manager 65.00 RP Resident Construction Representative 57.50 RI Resident Inspector 50.00 ADM Administrative Assistant/ General 57.50 CL Administrative Assistant/ Clerical 40.00 LAS Land Acquisition Specialist 55.00 GPS GPS 50.00 RTS Robotic Total Station Equipment 50.00 EXP Mileage -Per Mile 0.34 Overtime will be charged at 1.25 times the regular billing rate. ~* Serving as an expert witness in legal proceedings will be charged at 2 times the regular billing rate. These rates may be adjusted on an annual basis as required by economic factors at the discretion of Jacobi, Toombs ~ Lanz, Inc. 5;?Syc7nc~ytL".ii'GOC:SiC~Fi;C3'tierr;~ireerir:gagreen.~~er~f. dccx Professinnal Services Agreement Professional Services Agreement Attachment D -Terms and Conditions Services Jacobi, Toombs and Lanz, Inc. (JTL) will perform services for the Client with these Terms and Conditions. JTL has developed the Project scope of service, schedule, and compensation based on available information and various assumptions. The Client acknowledges that adjustments to the schedule and 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. The Client shall designate a representative with similar authority. Project Requirements The Client shall confirm the 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 professional practice. JTL will strive to perform its services according to the Project schedule set forth in Attachment B. The services of each task shall be considered complete when deliverables for the task have been presented to and accepted by the Client. Compensation In consideration of the services performed by JTL, the Client shall pay JTL in the manner set forth in Attachment C. The parties acknowledge that terms of compensation are based on an orderly and continuous progress of the Project. If delays on the project take place, JTL shall notify the Client's designated agent of the nature and cause of the delay and any additional costs this may create both in the Project cost itself and the compensation due to JTL. The client shall then review the nature and cause of the delay and additional costs, and the parties shall separately agree to any extensions of time or additional compensation to 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 fees. Overhead shall include customary and statutory benefits, administrative expenses, and non-project operating costs. • Lump sum is defined as a fixed price amount for the scope of services described. S:lBydneyiVJP C(~ C S10F+;U'u'2iengi nseringagreen.~terrt_ docx • Standard Rates is defined as individual time multiplied by standard billing rates for that individual. • 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. Other than an emergency, JTL shall notify the Client through its designated agent, prior to incurring additional expenses or performing additional work, of the need for additional services or work that JTL reasonably believes may be necessary. The Client shall then review the nature of the additional services, and the payment for such additional services. The parties shall separately agree on the need for additional services and payment for such additional services. 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 or legal requirements change during the Project, JTL shall promptly notify the Client through its designated agent of such changes and any additional costs that this may create both in the Project cost itself and the compensation due to JTL. The Client shall then review the nature and cause of the changes and additional costs, and the parties shall separately agree to any changes in the Project or additional compensation to JTL. Professional Services Agreement 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 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 $500,000 per Accident and $500,000 Policy Limit Commercial General $1,000,000 per occurrence Liability (bodily injury including death & property damage) $2,000,000 aggregate Automobile Liabilitv $1,000,000 combined single limit for bodily injury and property damage Professional Liabilitv $1,000,000 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 the Client will pay the cost associated with any premium increase or special fees. Indemnification JTL shall indemnify the Client from any reasonable 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. 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 legal action becomes necessary to enforce the provisions of this agreement, the prevailing party shall be entitled to recover the costs of legal action against the opposing party, including, but not limited to, court costs, attorney fees, and related legal expenses. 5,;SydneYiL^JPa"a0'SIN~:if~u'2tert~€reerirgagreerE~ of dacx Lien Rights JTL may file a lien against the Client's property in the event that the Client does not make payment within the time prescribed in this agreement. The Client agrees that services by JTL are considered property improvements and the Client waives the right to 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 potentially 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. JTL and the Client acknowledge that unforeseen environmental matters may arise during the course of the Project. The Client shall notify JTL of any potential environmental matters of which the Client may be aware, and JTL shall immediately notify the Client through its designated agent of any environmental matters of which JTL becomes aware. The parties shall mutually agree to a course of action, which shall include termination of the Project. In the case of an emergency, JTL will take appropriate action and immediately contact the Client's designated agent. In the event of an emergency, JTL will be compensated for actual costs and for its services based on the billing rates established in the agreement. 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 contingency 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 Professional Services Agreement 1 ' 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. Rejection of Work JTL may recommend that the Client reject work by construction contractors that does not 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 services 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) S:':Sydney:L^,+PDf7C510rri08'71e?~;~neerirg;~~reerrtent. dotix 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. 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. Professional Seruices Agreement