HomeMy WebLinkAboutJeffersonville Canal ProjectAGREEMENT
PSC 2010-
THIS PROFESSIONAL SERVICE CONTRACT, made and entered into by and between
CITY OF JEFFERSONVILLE, INDIANA ("CITY"), and JACOBI, TOOMBS, AND
LANZ, INC. with offices located at, 120 Bell Avenue, Clarksville, Indiana, 47129
("CONSULTANT").
WITNESSETH:
WHEREAS, CITY is in need of certain professional services with respect to Engineering and
Survey 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 $207,910.00. 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 JE ERSO ,INDIANA
By ~, ~ ~.
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Printed Name: ~ ~ i ~ ~h
Title: Mayor
Date: ~+ " ~. ~
sy:
Printed Name:
Title: Redevelopment Executive Director
Date: ~ '` ~ g ' ~ ~'
UL11'ANT
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Print Name: ~'~~ -V - ~N~
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EXHIBIT A
1) General project coordination with other team members, attend all meetings necessary to
complete the scope of work.
2) Provide limited topographic survey information of approximately seventy (70)
intersections. Only evaluations of the four (4) intersection corners will be measured. This
information will allow JTL and CH2M Hill to complete the preliminary plans of the new
storm sewer network that will feed the canal. Plan and complete schematic design of new
storm sewer within the canal zone or watershed.
3) Provide land use maps and utility information to Construction Solutions as necessary to
complete the Schematic Design Phase of the project. Coordinate existing and proposed
utility relocation plans with all affected public and private utility companies necessary to
accommodate the canal, convention center, Big Four ramp, and other major projects
within the Canal District.
4) Provide property research of affected Canal Corridor. Assist in determining Right-of-
Way needs, and prepare aRight-of--Way plat for the final canal alignment. This task
includes limited legal survey required to identify existing property lines.
5) Schematic design of the resulting combined sewer separations. JTL will complete the
necessary work to determine what is required and how to provide sanitary sewer service
to the area once the canal is constructed.
6) Assist the Project Team in the analysis and route determination of the canal water supply
including the treatment plant effluent line.
7) Provide minimal coordination with other regional projects that affect the Canal District.
8) Provide preliminary quantity and cost estimates of all the proposed improvements within
our scope of work.
9) Provide Schematic Design Phase plans.
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Exhibit B
Jacobi, Toombs, and Lanz scope letter dated May 3, 2010 and revised scope June 18, 2010, as
attached.
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•
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May 3, 2010
Mayor Tom Galligan
City of Jeffersonville
500 Quartermaster Court
Jeffersonville, Indiana 47130
Attn: Clinton Deckard, President
Construction Solutions, LLC
Re: Jeffersonville Canal Planning and Schematic Design Proposal
JTL Job No. 10046
Dear Mr. Deckard:
Jacobi, Toombs and Lanz, lnc. (JTL) is pleased to present this proposal to provide
Professional Engineering Services in connection with this very exciting project.
The scope of work for JTL consists of the following items:
1. General Project Coordination with other team members, planning, attendance at
team and public meetings.
2. Topographic and legal surveys. In order to complete the Schematic Design phase,
(which completes the project to 30%), only elevations of the four (4) corners of
about seventy (70) intersections will be measured. This information will allow JTL
and CH2M Hill to complete the preliminary plans of the new storm sewer
network to feed the canal.
3. Planning and schematic design of new storm sewers within the canal zone or
watershed that will feed the canal.
4. Private utility relocation management and coordination. This has to be
accomplished not only to construct the canal, but also to redirect the storm
sewers, sanitary sewers, and accommodate future development.
120 Bell Avenue 1060 N. Capitol Avenue, Ste E360 1400 South 1~ Street
Clarksville, IN 47129 Indianapolis, IN 46204 Louisville, KY 40208
812-288-6646 317-829-3474 502-583-5994
812-288-6656 Fax 317-829-3473 Fax 502-583-7321 Fax
Clarksville, IN • Indianapolis, IN • Loz~isvzlle, KY
www jtleng. com
S:~.Syd~~y~WPDOCSv ov oars~PROPOSALdo«
5. Combined sewer separation and sanitary sewer coordination. JTL will complete
the necessary evaluations of how to provide sanitary sewer service within the
canal zone, also addressing the necessary combined sewer separation that will
result.
6. Participate and assist in the analysis of the canal water supply. This includes
routing of W~XrfP effluent and reclaimed water.
7. Coordinate the work with other regional projects from the City, Corps of
Engineers, Flood Control District, Clark County, and the State of Indiana.
8. Provide project funding support, including cost estimates for grant and loan
applications and project descriptions.
9. Provide street and project access analysis and support, including identification of
routes, canal bridge locations, traffic patterns, future needs, pedestrian and bicycle
needs, Ohio River Greenway and Big Four Bridge project coordination (JTL is a
team member on both of these projects), estimates.
10. Property ownership and right-of-way research. Research affected corridor,
determine right-of-way needs, field reconnaissance, and preparation of a right-of-
way plat for the final canal alignment.
11. Assist in streetscape planning efforts, development standards.
12. Schematic design plans and estimates.
As discussed during the planning meeting held with all the team members, the Planning
Phase Schedule is 3-4 months, with the Schematic Design Phase being an additional 2-3
months.
JTL's proposed fees for the work described above are as follows:
• Project management and coordination $ 25,540
• Private utility relocation management and coordination $ 23,500
• Storm sewer planning and evaluation, schematic design plans $ 48,470
• Combined sewer separation and sanitary sewer evaluation $ 38,600
• Canal water supply sustainability analysis support $ 14,000
• Regional project coordination $ 10,000
• Project funding support $ 6,100
• Street and access analysis and support $ 14,300
• Property and right-of-way research and analysis $ 20,000
• streetscape planning coordination and support $ 10,300
• Planning phase deliverables $ 9,800
TOTAL -FEE (thru Planning Phase and Schematic Design) $ 220,610
In discussion with our JTL partners, we desire to contract directly with the City of
Jeffersonville, and be recognized in the Project Team as the Local Coordinating Engineer.
This project is a project with regional implications that will change the perception of
Jeffersonville, and, having acted as the City's Consulting Engineer for many years, we feel
that this is essential for our firm. All of our work will still be coordinated through your
company, Construction Solutions, LLC.
Thank you for your leadership and enthusiasm in this project. Don't hesitate to call if you
wish to discuss our scope and fees.
Sincerely,
JACOBI, TOOMBS AND LANZ, INC.
Jorge 1. Lanz, P.E.
cc: File 10046
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JACOBI, TOOMBS AND LANZ, INC.
EXHIBIT A
1) General project coordination with other team members, attend all meetings
necessary to complete the scope of work.
2) Provide limited topographic survey information of approximately seventy (70)
intersections. Only evaluations of the four (4) intersection corners will be
measured. This information will allow JTL and CH2M Hill to complete the
preliminary plans of the new storm sewer network that will feed the canal. Plan
and complete schematic design of new storm sewer within the canal zone or
watershed.
3) Provide land use maps and utility information to Construction Solutions as
necessary to complete the Schematic Design Phase of the project. Coordinate
existing and proposed utility relocation plans with all affected public and private
utility companies necessary to accommodate the canal, convention center, Big
Four ramp, and other major projects within the Canal District.
4) Provide property research of affected Canal Corridor. Assist in determining Right-
of-Way needs, and prepare aRight-of-Way plat for the final canal alignment. This
task includes limited legal survey required to identify existing property lines.
5) Schematic design of the resulting combined sewer separations. JTL will complete
the necessary work to determine what is required and how to provide sanitary
sewer service to the area once the canal is constructed.
6) Assist the Project Team in the analysis and route determination of the canal water
supply including the treatment plant effluent line.
7) Provide minimal coordination with other regional projects that affect the Canal
District.
8) Provide preliminary quantity and cost estimates of all the proposed improvements
within our scope of work.
9) Provide Schematic Design Phase plans.
.~ 207, ~~~ ~
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EXHIBIT B -PAYMENT
Jacobi, Toombs and Lanz, Inc. shall be paid on a time and materials basis, in
accordance to the hourly .billing rates shown below, with anot-to-exceed total
amount of $207,910.00.
CODE
CLASSIFICATION
* HOURLY
RATE
PR PRINCIPAL 135.00
PM3 PROJECT MANAGER III 120.00
PM2 PROJECT MANAGER II 115.00
PM1 PROJECT MANAGER I 97.50
E5 ENGINEER V (PE) 115.00
E4 ENGINEER IV (PE) 110.00
E3 ENGINEER III (PE) 95.00
E2 ENGINEER II (PE) 85.00
E1 ENGINEER I (PE) 75.00
ET4 ENGINEERING TECH IV (EIT) 70.00
ET3 ENGINEERING TECH III (EIT) 62.50
ET2 ENGINEERING TECH II 52.50
ET1 ENGINEERING TECH I 40.00
GM GIS MANAGER 105.00
GT2 GIS TECHNICIAN II 72.50
GT1 GIS TECHNICIAN I 60.00
CT3 CAD TECH III (DESIGNER) 67.50
CT2 CAD TECH II 60.00
CT1 CAD TECH I 50.00
SM SURVEY MANAGER 102.50
LS LAND SURVEYOR (LS) 77.50
SC SURVEY CHIEF 55.50
ST2 SURVEY TECHNICIAN II 50.50
ST1 SURVEY TECHNICIAN I 41.50
FC2 2-MAN SURVEY CREW 106.00
FC3 3-MAN SURVEY CREW 147.50
RCM RESIDENT CONSTRUCTION MANAGER 70.00
RP RESIDENT CONSTRUCTION REPRESENTATIVE 60.00
RI RESIDENT INSPECTOR 52.50
ADM ADMINISTRATIVE ASSISTANT 65.00
CL CLERICAL 40.00
LAS LAND ACQUISITION SPECIALIST 60.00
* Overtime is charged at 1.5 times the regular billing rate.
The Hourly Billing Rates shown in this schedule are effective until January 23, 2010. JTL
reserves the right to adjust the Hourly Billing Rates after that date. Nevertheless, the estimated
not-to-exceed amounts will not be exceeded unless approved by the owner.
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