HomeMy WebLinkAboutJeffersonville Canal ProjectAGREEMENT
PSC 2010-
THIS PROFESSIONAL SERVICE CONTRACT, made and entered into by and between
CITY OF JEFFERSONVILLE, INDIANA ("CITY"), and RUNDELL ERNSTBERGER
ASSOCIATES, LLC with offices located at, 429 East Vermont Street, suite 110, Indianapolis,
Indiana, 46202 ("CONSULTANT").
WITNESSETH:
WHEREAS, CITY is in need of certain professional services with respect to Landscape
Architecture for the schematic design of the Jeffersonville Canal Project in the City of
Jeffersonville; and
WHEREAS, the CONSULTANT has been determined by CITY to have the necessary
experience, expertise and qualifications to provide those services;
NOW THEREFORE, it is agreed by and between the parties hereto as follows:
I. RECITALS ARE SUBSTANTIVE PART OF AGREEMENT. The recitals above are
incorporated into the substantive body of this Agreement, and shall serve to establish the
consideration for this Agreement, as though fully repeated herein.
II. SCOPE OF PROFESSIONAL SERVICES
A. CONSULTANT shall, at the request of CITY, provide services under the terms of
this Agreement. The CONSULTANT'S work product may be reviewed from time to
time by CITY for purposes of determining that the services provided are within the scope
of this Agreement.
B. CONSULTANT, while performing the services rendered pursuant to this Agreement,
may utilize agents of such CONSULTANT. However, such use must be documented in
the monthly invoice submitted for those services.
C. CONSULTANT may utilize the records or personnel of CITY in performing the
services required in this Agreement, so long as it first secures the consent of the proper
agent of CITY and prior arrangements are made to provide the necessary records or
personnel.
D. The services of CONSULTANT shall include but not be limited to providing Project
Management and Engineering for the schematic design of the Jeffersonville Canal as set
forth in Exhibit A attached herewith. In the event that CITY engages the services of
other professionals for this subject project, CONSULTANT shall work together with
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such other professionals in a cooperative fashion to co-ordinate their efforts, to work in
harmony, to prevent unneeded overlap of services, to avoid unnecessary expense and to
avoid unnecessary conflict.
E. See Exhibit A for list of specific scope items.
III. FEES AND COMPENSATION
A. CONSULTANT shall be paid a fee for professional services rendered and reimbursed
for costs incurred according to the terms of this agreement in an amount not to exceed
the sum $228,000.00. Standard fees and reimbursable items are listed and set forth as
Exhibit B to this contract.
B. CONSULTANT shall submit invoices on a monthly basis for work completed to date.
Payment shall be made to CONSULTANT within 30 days of date of invoice. Interest
rate of 1-1 /2 percent per month will be charged on all past-due amounts.
IV. DURATION
A. This is a professional service contract which shall begin June 23, 2010, and shall
continue through and including January 23, 2011.
B. This Agreement may be terminated at any time with or without cause by submitting
written notice to the non-terminating party of such intent to terminate. In the event of
termination without cause, payment for services complete up to and including date of
termination shall be based upon work completed at the rates identified in this Agreement.
C. This Agreement may be terminated at any time for cause by CITY upon breach of any
provision of this Agreement by CONSULTANT. CITY shall provide written notice of
termination to CONSULTANT specifying the termination date and time. If CITY
terminates this Agreement for cause, CITY shall have the right to withhold any disputed
portions of payments due under this Agreement and CITY may pursue its remedies in law
or equity through all appropriate legal action.
D. If performance of the Services is affected by causes beyond the CONSULTANTS
reasonable control, Project schedule and compensation shall be equitably adjusted.
V. EMPLOYER/EMPLOYEE RELATIONSHIP
It is expressly understood that no employer/employee relationship is created by this
agreement nor does it cause CONSULTANT to be an office of official of CITY.
VI. RECORDS-AUDIT
CONSULTANT shall maintain during the course of the work, and retain not less than
five years from the date of final payment on the contract, complete and accurate records
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of all of CONSULTANT's fees and costs which are chargeable to CITY under this
Agreement; and CITY shall have the right, at any reasonable time, to inspect and audit
those records by authorized representatives of its own of any public accounting firm
selected by it. The records to be thus maintained and retained by CONSULTANT shall
include without limitation: (a) payroll records accounting for total time distribution of
CONSULTANT's employees working full or part time on the project (to permit tracing
to payrolls and related tax returns), as well as canceled payroll checks, or signed receipts
for payroll payments in cash; (b) invoices for purchases; (c) receiving and issuing
documents, and all the other unit inventory records for CONSULTANT'S stores stock or
capital items; (d) paid invoices and canceled checks for materials purchased and for
subcontractors' and any other third parties' charges; and (e) any and all other records,
whether printed or electronic, pertaining to CONSULTANT'S fees, costs or expenses
charged or chargeable to CITY.
VII. INSURANCE REQUIREMENTS
Prior to commencing work, CONSULTANT shall obtain at its own cost and expense the
following types of insurance through insurance companies licensed in the State of
Indiana. Insurance written by non-admitted carriers will also be considered acceptable, if
in accordance with Indiana Insurance Law. Workers' Compensation written through
qualified group self-insurance programs in accordance with Indiana law will also be
acceptable. The CONSULTANT shall not commence work under this Contract until
all insurance required under the Contract Document has been obtained and until
copies of policies or certificates thereof are submitted to and approved by the City of
Jeffersonville. The CONSULTANT shall not allow any subcontractor to commence
work until the insurance required of such subcontractor has been obtained and copies of
Certificates of Insurance retained by CONSULTANT evidencing proof of coverages.
Without limiting CONSULTANT's indemnification requirements, it is agreed that
CONSULTANT shall maintain in force at all times during the performance of this
agreement the following policy of insurance covering its operations, and require
subcontractors, if subcontracting is authorized, to procure and maintain these same
policies until final acceptance of the work by CITY. CITY may require CONSULTANT
to supply proof of subcontractor's insurance via Certificates of Insurance. The insurance
to be procured and maintained and minimum Limits of Liability shall be as follows,
unless different limits are specified by addendum to the contact
1. The CONSULTANT shall purchase and maintain at their own expense a
PROFESSIONAL LIABILITY (Errors and Omissions Liability) insurance policy,
which includes a minimum limit of liability of $1,000,000 for each Wrongful Act.
The CITY may require that such policy be written on an "Occurrence" coverage form. In
the event that the CITY agrees and CONSULTANT'S policy is written on a "Claims
Made" Form, the CONSULTANT shall, after work has been completed, furnish evidence
that the liability coverage has been maintained for at least one year after completion of
work, either by submitting renewal policies with a Retroactive Date of not later than the
date work commenced under this contract, or by evidence that the CONSULTANT has
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purchased an Extended Reporting Period Endorsement that will apply to any and all
claims arising from work performed under this contact.
2. WORKERS' COMPENSATION insuring the employers' obligations under Indiana
Revised Statutes at Statutory Limits, and EMPLOYERS' LIABILITY - $100,000 Each
Accident/$500,000 Disease -Policy Limit/$100,000 Disease -Each Employee.
Insurance is to be placed with Insurance Companies with an A.M. Best Rating of no less
than "B+ VI", unless proper financial information relating to the Company is submitted
to and approved by the CITY. The CONSULTANT shall procure and maintain insurance
policies as described herein and for which CITY shall be furnished Certificates of
Insurance upon the execution of the Contract. The Certificates shall include provisions
stating that the policies may not be cancelled or materially amended without CITY
having been provided at least (30) thirty days written notice. The Certificates shall
identify the Contact to which they apply and shall include the name and address of the
person executing the Certificate of Insurance as well as the person's signature. If policies
expire before the completion of the Contract, renewal Certificates of Insurance shall be
furnished to City of Jeffersonville at least 30 days prior to the expiration of any Policy(s).
Certificates of Insurance as required above shall be furnished, as called for:
City of Jeffersonville, 500 Quartermaster Court, Jeffersonville, Indiana, 47130.
Approval of the Insurance by CITY shall not in any way relieve or decrease the liability
of the CONSULTANT hereunder. It is expressly understood that CITY does not in any
way represent that the specified Limits of Liability or coverage or policy forms are
sufficient or adequate to protect the interest or liabilities of the CONSULTANT.
3. CONSULTANT shall carry such other insurance in such form and in such companies as may
be demanded by CITY after CITY reviews the insurance overages provided in the foregoing
provisions and as are deemed necessary and satisfactory to CITY to protect the parties from and
against any and all claims, demands, actions, judgments, costs, expenses and liabilities of every
name and nature which may arise or result directly or indirectly from or by reason of
CONSULTANT'S services, work, negligence, breach, failure, misconduct, and other actions.
Additional costs associated with such additional coverages shall be a reimbursable cost.
VIII. HOLD HARMLESS CLAUSE
The CONSULTANT shall indemnify, protect, hold harmless, and defend the CITY and,
its elected and appointed officials, employees, agents and successors in interest from and
against all claims, demands, damages, losses and expenses including litigation expenses
and attorneys fees, to the proportionate extent, which may arise out of, be caused by or result
from the CONSULTANT'S (or CONSULTANT'S subcontractors, if any) negligence
provided that such claim, damage, loss, or expense is:
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(1) for damages to property, and for injury or death to persons, or
(3) to the extent is not caused by the negligence or omission of CITY or any of its
elected or appointed officials or employees who are acting within the scope of their office
or employment.
This Hold Harmless and Indemnification Clause shall in no way be limited by any
financial responsibility or insurance requirements and shall survive the termination of the
Contract. CONSULTANT shall furnish to the CITY a certificate evidencing compliance with the
above requirements. This certificate will list CITY as additional insured and will note specific
cancellation language, as follows: "In the event of cancellation of any of the said policies, the
insuring company shall give the party to whom this certificate is issued 30 (thirty) days prior
notice of such cancellation." If CONSULTANT fails to renew adequate insurance, CITY may
terminate this Agreement.
Services will be the degree of skill and diligence normally employed by professional engineers,
architects, or consultants performing the same or similar services at the time said services are
performed. CONSULTANT will re-perform any services not meeting this standard without
additional compensation.
All reports, drawings, specifications, documents, and other deliverables of CONSULTANT,
whether in hard copy or in electronic form, are instruments of service for this Project, whether the
Project is completed or not. Any re-use of the reports, specification, documents, or other
deliverables for other than their intended use shall be at the CITY's sole risk.
IX. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the
State of Indiana. In the event of any proceedings regarding this Agreement, the Parties
agree that the venue shall be the state courts of Indiana or the U.S. District Court. All
parties expressly consent to personal jurisdiction and venue in such Court for the limited
and sole purpose f proceedings relating to this Agreement or any rights or obligations
arising there under. Service of process may be accomplished by following the procedures
prescribed by law.
X. AUTHORITY
The CONSULTANT, by execution of this Agreement, does hereby warrant and represent
that he is qualified to do business in the State of Indiana, has full right, power and
authority to enter into this Agreement.
XI. CONFLICTS OF INTEREST
(1) It shall be a breach of ethical standards for any employee with procurement authority
to participate directly in any proceeding or application; request for ruling or other
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determination; claim or controversy; or other particular matter pertaining to any contract,
or subcontract, and any solicitation or proposal therefore, in which to his knowledge:
(a) He, or any member of his immediate family has a financial interest therein; or
(b) A business or organization in which he or any member of his immediate
family has a financial interest as an office, director, trustee, partner or employee,
is a party; or
(c) Any other person, business, or organization with whom he or any member of
his immediate family is negotiating or has an arrangement concerning prospective
employment is a party.
(d) Direct or indirect participation shall include but not be limited to involvement
through decision, approval, disapproval, recommendation, preparation of any part
of a purchase request, influencing the content of any specification or purchase
standard, rendering of advice, investigation, auditing, or in any other advisory
capacity.
(2) It shall be a breach of ethical standards for any person to offer, give, or agree to give
any employee or former employee, or for any employee or former employee to solicit,
demand, accept, or agree to accept from another person, a gratuity or an offer of
employment, in connection with any decision, approval, disapproval, recommendation,
preparation of any part of purchase request, influencing the content of any specification
or purchase standard, rendering of advice, investigation, auditing, or in any other
advisory capacity in any proceeding or application, request for ruling or other
determination, claim or controversy, or other particular matter, pertaining to any contract
or subcontract and any solicitation or proposal therefore.
(3) It is a breach of ethical standards for any payment, gratuity, or offer of employment to
be made by or on behalf of a subcontractor under a contract to the prime contractor or
higher tier subcontractor or any person associated therewith, as an inducement for the
award of a subcontract or order.
(4) The prohibition against conflicts of interest and gratuities and kickbacks shall be
conspicuously set forth in every local public agency written contract and solicitation
therefore.
(5) It shall be a breach of ethical standards for any public employee or former employee
knowingly to use confidential information for his actual or anticipated personal gain, or
the actual or anticipated personal gain of any other person.
(6) The parties shall comply in all respects with the CITY's ethics ordinance.
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XII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement and understanding of the parties with
respect to the subject matter set forth herein and this Agreement supersedes any and all
prior and contemporaneous oral or written agreements or understandings between the
parties relative thereto. No representation, promise, inducement, or statement of
intention has been made by the party that is not embodied in this Agreement. This
Agreement cannot be amended, modified, or supplemented in any respect except by a
subsequent written agreement duly executed by all of the parties hereto.
WITNESS the signatures of the parties to this Agreement. These signatures apply to
PSC 2010-
CITY OF RSON NDIANA
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Printed Name: ~ t~ ~ ~ t Ci ~~
Date:
By:
Print
Title: Redevelopment Executive Director
Date: ~ - ~ ~ - ' ~,
CONSULTANT
By: -~~~~ Gam'` (~~~~ LI.C
Printed Name: G/t'~G L ~~-~irtS I'~P.r//Y,i/
Title: -rte ~ ~/kiV
Date:
Page 7 of 9
Title: Mayor
Exhibit A
1. Develop Framework Plan that outlines the desired location, scale, and characteristics of the
Canal and its immediate surroundings including public spaces and amenities.
2. Develop Design Guidelines and Standards that establish spatial relationships, conditions,
elements and material vocabularies along the canal.
3. Develop schematic level design plans and sections.
4. Assist in preparation of estimated construction costs.
5. Prepare visual aids and illustrations to be used for marketing and fundraising needs.
6. Identify and locate the route and configuration of the canal from end to end.
7. Work with Master Developer in developing building zones for new development and the
relationship of these zones within the Canal District.
8. Consider and integrate other developments including 9`h Street Park, Big Four Bridge Ramp,
Convention Center, and the Ohio River Bridges Project.
9. Work with other consulting parties contracted by the City and State to facilitate to overall
drainage needs of the City.
10. Work with local regulating authorities and neighborhood associations to maintain the historic
character of the City.
11. Attend bi-weekly meetings with design team and public meetings as necessary to complete
schematic design phase.
12. Reference details as outlined in Rundell Ernstberger Associates letter dated May 2, 2010 as
attached Exhibit B.
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Exhibit B
Rundell Ernstberger Associates letter dated May 2, 2010 as attached.
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RUNDELL ERNSTBERGER ASSOCIATES, Ltc
2 May 2010
origin I INDIANAPOLIS
email I reaindy@reaslte com inlc rn et I w`~w reasitecom
Introduction
Rundell Ernstberger Associates, LLC (REA), working in partnership with the City of
Jeffersonville, its engineering consultants CH2M Hill, Construct-Solutions, and developer(s) yet
to be determined, is pleased to lead the design component of this extraordinary civic project.
The success of a complex urban space such as this will depend in large part on design quality
and continuity in the public spaces and amenities from the Canal's beginning to end. We take
our involvement in your project very seriously.
The process we recommend begins with preparation of a Framework Plan that outlines in a
general way the desired location, scale, and characteristics of the Canal Park. (name is
suggestion only) The Framework Plan will identify and locate the route and configuration of the
canal from end to end, the public spaces and amenities along its length, the building zones for
new development, and the relationship of those zones to the canal park and surrounding
neighborhoods. The Framework Plan will in addition, integrate adjacent developments into the
Canal Park, namely 92h St Park, the Big Four Bridge bike/pedestrian ramp, and the Ohio River
Bridges project components.
During this first phase of design, REA will convene group working sessions engaging City
personnel and Engineering partners to most effectively utilize time and resources and to reach
consensus on design issues.
With this said, REA staff will need to spend a good deal of time in our own shop to test and
refine decisions made in the group setting.
A series of Design Guidelines or Standards will accompany the Framework Plan. These
guidelines will not provide detail necessary for construction, but will establish important spatial
relationships and conditions and outline elements and material vocabularies for future
development along the canal over time, regardless the entity or developer making the
improvements. The ultimate development of the Canal Park and its complimentary features
and private infill is likely to take several years.
Next, the guidelines will be applied to the plan in layout and section to a schematic level. With
this document and schematic design layout completed, REA will prepare a construction cost
estimate for all public improvements in Canal Park.
There will be public interaction during this first phase but its exact form has not been
determined. REA will be available for small group meetings or large public gatherings.
SCOPE OF SERVICES:
The following general Scope of Services has been structured into three steps with anticipated
activities and tasks described under each. We do understand that some of these activities will
be ongoing and overlapping with other team members. Refinements can be made following
our meeting.
STEP 1. Framework Plan and Schematic Design
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Tasks to be undertaken by REA Include:
+Familiarization with site, history, (initiated)
+Information downloads and review (initiated)
+Coordination/meeting with key stakeholders....Big Four ramp, Bridges consultant, Indiana
Landmarks, CHM2 Hill, other consultants
+Review of Storm Drainage Goals/Options (initiated)
+Review of preliminary canal route (initiated)
+Coordination/integration with 9th Street Park (initiated)
+Inventory/Analysis of district...preparation of base maps, figure ground, pedestrian and
vehicular circulation strategies, legal restrictions, ROW, "sacred structures/sites", others
+Review of new development program goals and objectives (Convention Center complex) with
developer when onboard
+Review of neighborhood impacts/implications...meetings with neighborhood Association
+Weekly progress reports/updated schedules
+Bi weekly team meetings (estimate 8-10)
+Coordination/participation in Team Work Sessions (estimate 2-3)
+Preparation of Framework Plan Graphic w/narrative
+Preparation of Design Guidelines/Standards Manual*
+Preparation Schematic Design Plans/sections/site elements
+Preparation of schematic level Construction Cost Estimate
+Preparation of Visual Aids/Illustrations for marketing fundraising**
*A key component of this phase of work will be the development of a Design Guidelines
Manual to ensure a high level of quality and consistency in the phased implementation of
the entire project. A companion to the Framework Plan, The Manual will include specific
written and graphic information that defines the intended design elements of the Canal
Park and their general design parameters (material options, color options, scale,
placement, etc.).
Review and revisions to the guidelines will occur until consensus is reached. The final
Design Guidelines Manual will be prepared as an 8.5x11 or 11x17 booklet.
A preliminary list of elements to be included:
• Pavements/permeable pavers
• Pavement Markings
• Canal edge, floor, wall treatments
• Curbs/gutters/rain gardens
• Sidewalk Planters/fixed or moveable/storm water planters
• Bollards/moorings/rails/walls/terraces
• Buffer zones/setbacks/build to lines
• ADA Ramp configurations/access options
• Intersection Treatments
• Traffic Signals/mast poles
• Drive Crossings
• Signage/ Canal/bridges/walkways/other
• Parking areas /meters
• Water Features/Artworks/Interpretive components
• Pedestrian bridges/proportions/clearances
• Lighting pole/aquatic/ other
• Site Furnishings
• Landscaping/Irrigation options
It bears repeating that throughout all phases of the work REA will work in partnership with the
City, its consulting engineers and developers who may be selected along the way. We will be
proactive in providing design expertise/recommendation to the team.
Products include: Digital and hardcopy Framework Plan final rendering, Digital and hardcopies
of Design Guidelines Manual (25), Digital and hardcopy of all Schematic level plans, Inventory
and Analysis Maps, and meeting notes.
** REA proposes to work with CH2M HILL in producing a digital animation of the Canal Park
Experience. REA will provide design input for the video and assist in determining imagery,
sequence, and general content and will look to CH2M Hill to assemble the video.
Timeframe Estimate only ..................................................................................................4-5 months
STEP 2. Design Development (general description only)
REA will prepare design development documents, taking the schematic design to a finished
level for the Canal Park proper. During design development REA will finalize materials, color
palettes, and dimensions/locations of all elements and spaces. REA will prepare outline
technical specifications for all site elements and spaces. REA will continue to coordinate
design interface with private development along the perimeter of Canal Park.
This is a critical aspect of the work necessary to ensure design intent continuity throughout the
"Park." This work is for the most part completed in the design studio. Group Work sessions will
be planned as needed.
Construction cost estimates will be updated.
Construction phasing strategies will be determined.
Timeframe Estimate only ............................. 2-3 months
.............. .
............................ .....................
Environmental, Hydraulic, Structural, Mechanical, Electrical, Utility, and Traffic by engineering
partner CH2M Hill
STEP 3. Construction Documents (general description only)
REA will prepare construction documentation representing the final and most critical step in
the design process. Technical site layout, site grading and drainage, lighting, planting, details,
and specifications are prepared in a final set of documents that will be used for bidding by
construction contractors.
One last construction cost estimate is prepared at the conclusion of the process.
Timeframe .....................................................................................................................................TBD
Environmental, Hydraulic, Structural, Mechanical, Electrical, Utility, and Traffic by engineering
partner CH2M Hill
STEP 4. Construction Observation (general description only)
This phase of the work involves bidding and construction. REA will assist the owner during the
bidding period by fielding questions from contractors and reviewing bids received. During
construction REA will attend prebid meeting, periodically visit the construction site to insure
compliance with the documents, review shop drawings and review and approve submittals.
REA will prepare punch lists, final walkthrough, and project closeout.
REA anticipates sharing this work as previously noted with our engineering partner CH2M Hill.
COMPENSATION
STEP 1. Framework Plan and Schematic Design .....................................$228,000.00
STEP 2. Design Development ........................................construction estimate x .0359'°
STEP 3. Construction Documents .................................construction estimate x .045%
STEP 4. Construction Observation ...............................construction estimate x .020%
Professional illustrations/models/animations ........................................................TBD
Meetings beyond those outlined billed hourly at standard billing rates ......attached
EXPENSES/ADDITIONAL SERVICES
Expenses billed will be minimal as discussed. Our Louisville office is in close proximity...and
overnight accommodations are always available with family. We will charge for mileage at the
current government rate, travel outside of the Louisville area for site visits, team meals, and
any special reproductions, animations, illustrations, or three dimensional models that may be
requested.
Additional services as requested or beyond those included herein will be billed per our
standard hourly rates in effect at the time services are rendered or on a negotiated fee basis.
Such services will be performed only when authorized in advance.
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