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HomeMy WebLinkAboutC-town Pike Rt Turn Lane Holmans Lane Job No. 13013 CHARLESTOWN PIKE RIGHT -TURN LANE TO HOLMANS LANE IMPROVEMENT PROJECT JEFFERSONVILLE DEPARTMENT OF REDEVELOPMENT JEFFERSONVILLE, INDIANA PROFESSIONAL ENGINEERING SERVICES AGREEMENT This is an agreement made as of this RC day of--) G/ - 2013, between the City of Jeffersonville acting through its duly appointed Department of Redevelopment (OWNER) and Jacobi, Toombs, and Lanz, Inc. (CONSULTANT), a firm of Professional Engineers, Surveyors and GIS Specialists. OWNER hereby retains CONSULTANT to perform services as described in Attachment A. CONSULTANT 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 D. This Agreement consists of this document together with Attachment A - Project Description and Proposed Engineering Services, Attachment B — Fee Schedule, Attachment C — 2013 Hourly Billing Rates and Attachment D — Terms and Conditions. This agreement between the OWNER and CONSULTANT supersedes 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. OWNER: CONSULTANT: City of Jeffersonville Jacobi, Toombs and Lanz, Inc. Department of Redevelopment Consulting Engineers 500 Quartermaster Court 1829 E. Spring Street, Suite 201 Jeffersonville, IN 47-1-30 f New AlbanyH diana 47150 (812) 280 -380 (812) 945-9585 By: By' Rober L. W.'z, Jr., Di ector Jor. : I. Lanz, P.E., Pr ' • ident Attest: 0 Witness: j j....cy( -_ Thomas L. Schellenberg, P.E., Transportation Manager 5: \projects \13013 - Charlestown Pike Right -Turn Lane at Holmans Lane \Proposal \13013 Agreement.doc Page 1 of 8 Job No. 13013 ATTACHMENT A PROJECT DESCRIPTION AND PROPOSED ENGINEERING SERVICES 1. Project Description The purpose of this project is to widen Charlestown Pike on the south side for a distance of approximately 130 feet from the first private drive west of Holmans Lane to the west side of Holmans Lane. Charlestown Pike will be widened to three lanes to provide both a left -turn and right -turn lane for the eastbound traffic. The amount of construction required on the private property in the southwest quadrant of the intersection shall be kept to a minimum. The level of design is based on the OWNER constructing the project with the OWNER's construction personnel in 2013 and not bidding the project. 2. Scope of Engineering Services The CONSULTANT shall provide the following: I. Design and Plans 1. Topographic survey of the project site will be provided from the existing Veterans Parkway — Phase 2 project. Any new topography will be obtained, if necessary. 2. Design and preparation of construction plans. 3. Estimated construction cost and specifications. 4. Coordination with the OWNER. 5. Coordination with the utilities, if applicable. II. Right -of -Way Document 1. If warranted, preparation of a Temporary Construction Right -of -Entry Grant will be provided for the City to be executed with the adjacent property owner prior to beginning construction. 2. Coordination with the adjacent property owner. III. Construction Support 1. Assist the OWNER during construction, if necessary. 3. Project Schedule Services shall commence upon receipt of a signed contract and notice -to- proceed and shall be completed within forty -five (45) days. S: \projects \13013 - Charlestown Pike Right -Turn Lane at Holmans Lane \Proposal \13013 Agreement.doc Page 2 of 8 Job No. 13013 ATTACHMENT B FEE SCHEDULE The Consultant shall receive as payment for the work performed under this agreement the following fees: Design and Plans Payment to the CONSULTANT for Design and Plans shall be on a lump sum basis in the amount of seven thousand six hundred dollars and no cents ($7,600.00). Right -of -Way Document Payment to the CONSULTANT for the Right -of -Way Document shall be on a time and materials basis, based on the current hourly billing rates and for an amount not to exceed two thousand dollars and no cents ($2,000.00). Construction Support Payment to the CONSULTANT for Construction Support shall be on a time and materials basis, based on the current hourly billing rates and for an amount not to exceed two thousand dollars and no cents ($2,000.00). The CONSULTANT may submit monthly invoices for payment for work completed to date. S: \projects \13013 - Charlestown Pike Right -Turn Lane at Holmans Lane \Proposal \13013 Agreement.doc Page 3 of 8 Job No. 13013 ATTACHMENT C HOURLY BILLING RATES JACOBI, TOOMBS AND LANZ, INC. 2013 HOURLY BILLING RATES January 4, 2013 STANDARD HOURLY BILLING CODE CLASSIFICATION RATE* PR2 PRINCIPAL - PRESIDENT $160 PR1 PRINCIPAL - VICE PRESIDENT $145 PM3 PROJECT MANAGER III $125 PM2 PROJECT MANAGER II $120 PM1 PROJECT MANAGER I $110 E5 ENGINEER V (PE) $130 E4 ENGINEER IV (PE) $115 E3 ENGINEER III (PE) $105 E2 ENGINEER II (PE) $100 El ENGINEER I (PE) $90 ET4 ENGINEERING TECH IV (EIT) $75 ET3 ENGINEERING TECH III (EIT) $65 ET2 ENGINEERING TECH II $60 ET1 ENGINEERING TECH I $50 GM GIS MANAGER $120 GT2 GIS TECHNICIAN II $75 GT1 GIS TECHNICIAN I $60 CT3 CAD TECH III (DESIGNER) $70 CT2 CAD TECH II $65 CT1 CAD TECH I $55 SM SURVEY MANAGER $120 LS2 LAND SURVEYOR II (LS) $85 LS1 LAND SURVEYOR I (LS) $70 SC SURVEY CHIEF $65 ST2 SURVEY TECHNICIAN II $60 ST1 SURVEY TECHNICIAN I $50 FC2 2 -MAN SURVEY CREW $125 FC3 3 -MAN SURVEY CREW $175 RCM RESIDENT CONSTRUCTION MANAGER $85 RP RESIDENT CONSTRUCTION REPRESENTATIVE $75 RI RESIDENT INSPECTOR $65 CA CONSTRUCTION /PROJECT ADMINISTRATOR $65 S: \projects \13013 - Charlestown Pike Right -Turn Lane at Holmans Lane \Proposal \13013 Agreement.doc Page 4 of 8 Job No. 13013 ADM ADMINISTRATIVE ASSISTANT $80 CL CLERICAL $50 LAS LAND ACQUISITION SPECIALIST $70 PRIII PLAN REVIEWER III $75 PRII PLAN REVIEWER II (ICC CERTIFIED) $75 PRI PLAN REVIEW I $75 GPS GPS $50 RTS ROBOTIC TOTAL STATION EQUIPMENT $50 EXP MILEAGE: PER MILE $0.40 * Overtime will be charged at 1.25 times the standard billing rate. ** Serving as an expert witness in legal proceedings will be charged at 2 times the standard billing rate. These rates may be adjusted on an annual basis as required by economic factors at the discretion of Jacobi, Toombs and Lanz, Inc. S: \projects \13013 - Charlestown Pike Right -Turn Lane at Holmans Lane \Proposal \13013 Agreement.doc Page 5of8 • Job No. 13013 ATTACHMENT D TERMS AND CONDITIONS Services Jacobi, Toombs and Lanz, Inc. (JTL) will • Lump sum is defined as a fixed price amount for the perform services for the Client with these Terms and scope of services described. Conditions. JTL has developed the Project scope of • Standard Rates is defined as individual time service, schedule, and compensation based on multiplied by standard billing rates for that available information and various assumptions. The individual. Client acknowledges that adjustments to the schedule and compensation may be necessary based on the • Subcontracted services are defined as Project - actual circumstances encountered by JTL in related services provided by other parties to JTL. performing their services. • Reimbursable expenses are defined as actual Authorized Representatives The officer assigned to expenses incurred in connection with the Project. the Project by JTL is the only authorized Payment Terms JTL shall submit monthly invoices representative to make decisions or commitments on for services performed and Client shall pay the full behalf of JTL. The Client shall designate a invoice amount within 45 days of the invoice date. representative with similar authority. Invoices will be considered correct if not questioned in Project Requirements The Client shall confirm the writing within 10 days of the invoice date. JTL may be objectives, requirements, constraints, and criteria for entitled to a 2% per month administrative charge in the Project at its inception. If the Client has the event of payment delay. Client payment to JTL is established design standards, they shall be furnished not contingent on arrangement of project financing. to JTL at Project inception. JTL will review the Client Invoice payment delayed beyond 60 days shall give design standards and may recommend alternate JTL the right to stop work until payments are current. standards considering the standard of care provision. Non - payment beyond 70 days shall be just cause for Site Access The Client shall obtain all necessary termination by JTL. approvals for JTL to access the Project site(s). Additional Services The Client and JTL Period of Service JTL shall perform the services for acknowledge that additional services may be the Project in a timely manner consistent with sound necessary for the Project to address issues that may not be known at Project initiation or that may be professional practice. JTL will strive to perform its services according to the Project schedule set forth in required to address circumstances that were not Attachment B. The services of each task shall be foreseen. Other than an emergency, JTL shall notify considered complete when deliverables for the task the Client through its designated agent, prior to have been presented to and accepted by the Client. incurring additional expenses or performing additional work, of the need for additional services or work that Compensation In consideration of the services JTL reasonably believes may be necessary. The performed by JTL, the Client shall pay JTL in the Client shall then review the nature of the additional manner set forth in Attachment C. The parties services, and the payment for such additional acknowledge that terms of compensation are based services. The parties shall separately agree on the on an orderly and continuous progress of the Project. need for additional services and payment for such If delays on the project take place, JTL shall notify the additional services. Client's designated agent of the nature and cause of Independent Consultant JTL shall serve as an the delay and any additional costs this may create independent consultant for services provided under both in the Project cost itself and the compensation this agreement. JTL shall retain control over the due to JTL. The client shall then review the nature means and methods used in performing their services and cause of the delay and additional costs, and the and may retain subconsultants to perform certain parties shall separately agree to any extensions of services as determined by JTL. time or additional compensation to JTL. Payment Definitions The following definitions shall Standard of Care Services provided by JTL will be performed with the care and skill ordinarily exercised apply to methods of payment: by members of the same profession practicing under • Salary cost is defined as the individuals base salary similar circumstances. JTL will not be liable for the plus customary and statutory benefits. Statutory cost of any omission that adds value to the Project. benefits shall be as prescribed by law and Compliance with Laws JTL shall perform its services customary benefits shall be as established by JTL consistent with sound professional practice and employment policy. endeavor to incorporate laws, regulations, codes, and • Cost plus is defined as the individuals base salary standards applicable at the time the work is plus actual overhead plus professional fees. performed. In the event that standards of practice or Overhead shall include customary and statutory legal requirements change during the Project, JTL benefits, administrative expenses, and non - project shall promptly notify the Client through its designated operating costs. agent of such changes and any additional costs that S: \projects \13013 - Charlestown Pike Right -Turn Lane at Holmans Lane \Proposal \13013 Agreement.doc Page 6 of 8 Job No. 13013 this may create both in the Project cost itself and the claim unless the claim resulted from the negligent act, compensation due to JTL. The Client shall then error or omission of JTL. review the nature and cause of the changes and Legal Expense In the event legal action becomes additional costs, and the parties shall separately necessary to enforce the provisions of this agree to any changes in the Project or additional agreement, the prevailing party shall be entitled to compensation to JTL. recover the costs of legal action against the opposing Permits and Approvals JTL will assist the Client in party, including, but not limited to, court costs, preparing applications and supporting documents for attorney fees, and related legal expenses. the Client to secure permits and approvals from Lien Rights JTL may file a lien against the Client's agencies having jurisdiction over the Project. The property in the event that the Client does not make Client agrees to pay all application and review fees. payment within the time prescribed in this agreement. Ownership of Documents Documents prepared by The Client agrees that services by JTL are considered JTL for the Project are instruments of service and property improvements and the Client waives the right shall remain the property of JTL. Record documents to any legal defense to the contrary. of service shall be based on the printed copy. JTL will Consequential Damages Neither the Client nor JTL furnish documents electronically, however, the Client shall be liable to the other for any consequential releases JTL from any liability that may result from damages regardless of the nature or fault. documents used in this form. JTL shall not be held Environmental Matters The Client warrants they liable for reuse of documents for any purpose other have disclosed all potentially hazardous materials that than those intended under the Project. may be encountered on the Project. In the event Insurance JTL will maintain the following insurance unknown hazardous materials are encountered, JTL and coverage limits during the period of service. The shall be entitled to additional compensation for Client will be named as an additional insured on the appropriate actions to protect the health and safety of Commercial General Liability and Automobile Liability its personnel, and for additional services required to policies. comply with applicable laws. JTL and the Client Worker's Compensation $500,000 per Accident and acknowledge that unforeseen environmental matters $500,000 Policy Limit may arise during the course of the Project. The Client Commercial General $1,000,000 per occurrence shall notify JTL of any potential environmental matters Liability (bodily injury including death of which the Client may be aware, and JTL shall & property damage) immediately notify the Client through its designated $2,000,000 aggregate agent of any environmental matters of which JTL becomes aware. The parties shall mutually agree to a Automobile Liability $1,000,000 combined single course of action, which shall include termination of the limit for bodily injury and Project. In the case of an emergency, JTL will take property damage appropriate action and immediately contact the Professional Liability $1,000,000 each claim and Client's designated agent. In the event of an in the aggregate emergency, JTL will be compensated for actual costs The Client shall make arrangements for Builder's and for its services based on the billing rates Risk, Protective Liability, Pollution Prevention, and established in the agreement. other specific insurance coverage warranted for the Cost Opinions JTL shall prepare cost opinions for Project in amounts appropriate to the Project value the Project based on historical information that and risks. JTL shall be a named insured on those represents the judgment of a qualified professional. policies where JTL may be at risk. The Client shall The Client and JTL acknowledge that actual costs obtain the counsel of others in setting insurance limits may vary from the cost opinions prepared and that for construction contracts. JTL offers no guarantee related to the Project cost. Waiver of Subrogation JTL shall endeavor to obtain Independent Counsel The Client agrees to obtain a waiver of subrogation against the Client, if independent legal and financial counsel for the requested in writing by the Client, provided that JTL Project considering JTL does not furnish these will not increase its exposure to risk and the Client will services. pay the cost associated with any premium increase or Contingency Fund The Client acknowledges the special fees. potential for changes in the work during construction Indemnification JTL shall indemnify the Client from and the Client agrees to include a contingency fund in any reasonable damages caused solely by the the Project budget appropriate to the potential risks negligent act, error, or omission of JTL in the and uncertainties associated with the Project. JTL performance of services under the Project. If such may offer advice concerning the value of the damage results in part by the negligence of another contingency fund; however, JTL shall not be liable for party, JTL shall be liable only to the extent of their additional costs that the Client may incur beyond the proportional negligence. contingency fund they select unless such additional Third Party Claims The Client will compensate JTL cost results from a negligent act, error, or omission for services performed in defense of any third party related to services performed by JTL. Contractor Selection JTL may make 5: \projects \13013 - Charlestown Pike Right -Turn Lane at Holmans Lane \Proposal \13013 Agreement.doc Page 7 of 8 Job No. 13013 recommendations concerning award of construction work suspension and the Client shall pay JTL all contracts and products. The Client acknowledges outstanding invoices within fourteen (14) days. If the that the final selection of construction contractors and work suspension exceeds thirty (30) days from the products is their sole responsibility. effective work suspension date, JTL shall be entitled Shop Drawing Review If included in the scope of to renegotiate the Project schedule and the service, JTL shall review shop drawing submittals compensation terms for the Project. from the contractor solely for their conformance with Termination The Client or JTL may terminate the design intent of and performance criteria specified services on the Project upon seven (7) days written for the Project. JTL shall not be liable for the notice in the event of substantial failure by the other performance of or consequential damages of any party to fulfill its obligations of the terms hereunder. equipment furnished by the contractor under the JTL shall submit an invoice for services performed up Project. to the effective date of termination and the Client shall Construction Review If included in the scope of pay JTL all outstanding invoices within fourteen (14) service, JTL shall observe the progress and content days. The Client may withhold an amount for services of the work to determine if the work is proceeding in that may be in dispute provided that the Client general accordance with the Contract Documents. furnishes a written notice of the basis for their dispute This construction review is intended to observe, and that the amount withheld represents a reasonable document, and report information concerning the value. construction process. Observation of work at the Governing Law The terms of agreement shall be Project site shall not make JTL responsible for the governed by the laws of the state where the services work performed by another party, the means, are performed provided that nothing contained herein methods, techniques, sequences, or procedures shall be interpreted in such a manner as to render it selected by another party, nor the safety precautions unenforceable under the laws of the state in which the or programs of another party. Project resides. Rejection of Work JTL may recommend that the Assignment Neither party shall assign its rights, Client reject work by construction contractors that interests or obligations under the Project without the does not conform to the requirements of the Project. express written consent of the other party. Safety JTL shall be responsible solely for the safety Waiver of Rights The failure of either party to precautions or programs of its employees and no enforce any provision of these terms and conditions other party. shall not constitute a waiver of such provision nor Information from Other Parties The Client and JTL diminish the right of either party to the remedies of acknowledge that JTL will rely on information such provision. furnished by other parties in performing its services Warranty JTL warrants that they will deliver products under the Project. JTL shall not be liable for any under the Project within the standard of care. JTL damages that may be incurred by the Client in the use provides no other expressed or implied warranty. of third party information. Severability Any provision of these terms later held Construction Record Drawings If included in the to violate any law shall be deemed void and all scope of service, JTL will deliver drawings to the remaining provisions shall continue in force. In such Client incorporating information furnished by event, the Client and JTL will work in good faith to construction contractors. In that construction record replace an invalid provision with one that is valid with drawings are based on information provided by as close to the original meaning as possible. others, JTL cannot and does not warrant their Survival All provisions of these terms that allocate accuracy. responsibility or liability between the Client and JTL Force Majeure Neither party will hold the other shall survive the completion or termination of services responsible for damages or delay caused by acts of for the Project. 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 5: \projects \13013 - Charlestown Pike Right -Turn Lane at Holmans Lane \Proposal \13013 Agreement.doc Page 8 of 8