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HomeMy WebLinkAboutmarketplace s. Boulevard Extension & veterans pkwy drainage /ZfZ JEFFERSONVILLE MARKETPLACE SOUTH BOULEVARD EXTENSION AND VETERANS PARKWAY DRAINAGE IMPROVEMENTS JEFFERSONVILLE REDEVELOPMENT COMMISSION JEFFERSONVILLE, INDIANA PROFESSIONAL ENGINEERING SERVICES AGREEMENT sI C� 4), 2-6 2 This is an agreement made as of this 29th day of August, 2012, between the City of Jeffersonville, Indiana, acting thru its duly appointed Redevelopment Commission (CLIENT) and Jacobi, Toombs and Lanz, Inc. (CONSULTANT), a firm of Professional Engineers, Surveyors and GIS Specialists. CLIENT hereby retains CONSULTANT to perform services as described in Attachment B. CONSULTANT agrees to perform the services in consideration of the compensation described in Attachment C, and in accordance with the terms and conditions described in Attachment E. This Agreement consists of this document together with Attachment A - Project Description, Attachment B - Engineering Design Services, Attachment C - Fee Schedule, Attachment D — Hourly Billing Rates, and Attachment E- Terms and Conditions. This agreement between the CLIENT and CONSULTANT 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: CONSULTANT: Jeffersonville Redevelopment Commission Jacobi, Toombs and Lanz, Inc. Jeffersonville, Indiana Consulting - • ineers 500 Quartermaster Court 120 Bell A ' " enue Jeffersonville, Indiana 47130 Clarksville, Indian ; 47129 ' By: r ` '" c 1// 4 � B y : /ds. Mon elling, P ksident l org- . Lanz, P.E., ' resident Witness: I Witness: r r� -1 Idt4 Orre L. McKinney • strative Assistant 5Nprojects \09 1 55 - Jeffersonville Town Center South\Documents\ jKC Agreement 1 .doc 1 1 ATTACHMENT `A' PROJECT DESCRIPTION The overall project consists of two items. One, the road from Veterans Parkway to New Albany Charlestown Pike, and two, the installation of a west bound right turn lane along the north side of Veterans Parkway between Hamburg Pike and Town Center North Road, including the installation of a storm sewer. I. Town Center Boulevard South Extension: The project consists of the survey, design, and construction inspection for the construction of the Jeffersonville Market Place Boulevard South Extension, beginning approximately 400 feet South of the existing signalized intersection at Veterans Parkway, and extending southwardly a distance of approximately 2,700 feet to New Albany Charlestown Pike (NACP). The project also includes improvements to the intersection of the new road and NACP, including turning lanes, traffic signal warrant study, signal design, and drainage improvements. The estimated construction cost of this item is $2,000,000. II. Veterans Parkway Right Turn Lane and Drainage Improvements: This portion of the project consists of the survey, design, and construction inspection for the installation of a west bound right turn lane along the north side of Veterans Parkway, from Hamburg Pike to the existing right turn lane at Town Center Boulevard North, and the construction of a storm sewer also along the north side of Veterans Parkway to facilitate the relocation of an existing drainage ditch that now runs through private property. The estimated construction cost of this item is $600,000. The overall project will result in the construction of the major access road for the development of the south side of Veterans Parkway at the Jeffersonville Town Center and the Jeffersonville Market Place. 5 :\projects \o9 155 - jeffersonville Town Center Soutli\pocuments\JRC Agreement I .doc ATTACHMENT `B' ENGINEERING DESIGN SERVICES Jacobi, Toombs and Lanz, Inc. will provide the following services: 1. Provide topographic survey of road corridors. 2. Perform all required road and drainage design, prepare construction plans and specifications, bid documents, and assist the Jeffersonville Redevelopment Commission in obtaining construction bids. 3. Provide Traffic signal Warrant Analysis (Signal Criteria Study), and Traffic Signal Design. 4. Coordinate the work with all existing utilities. 5. Prepare all required Right of Way acquisition documents that may be necessary for development of the project. 6. Preparation and submission of any and all required regulatory agency permits. 7. Provide and manage Geotechnical Investigation. 8. Provide full time construction observation and inspection to ascertain that the project is constructed in accordance with the contract documents. Review and approve shop drawings, process contractor's payment requests. Survey, Design, plans and specifications will be completed within one hundred and twenty (120) calendar days of execution of this agreement. Construction observation should occur spring 2013. 5:\projects \o9 3 5 - Jeffersonville Town Center soutli\Documents\) RC Agreement I.doc ATTACHMENT `C' FEE SCHEDULE The Consultant shall receive as payment for the work performed under this agreement the following fees: For Survey, Design, Plans and Specifications, Permitting, Bidding Assistance, Geotechnical Investigation, the CONSULTANT shall receive the Lump Sum payment of one hundred and ninety six thousand, seven hundred sixty two dollars and no cents ($196,762.00). For Construction Observation and Inspection, the CONSULTANT shall be compensated on a time and materials basis, in accordance with the Hourly Billing Rates included in Attachment `D' of this agreement, with a not -to- exceed budget of one hundred seventy one thousand, five hundred forty two dollars and no cents ($171,542.00). The total amount of this contract shall not exceed three hundred sixty eight thousand three hundred four dollars ($368,304.00) unless approved in writing by the CLIENT. The CONSULTANT may submit monthly invoices for payment for work completed to date. xltrA4) Ve-ei et.}-de"/ C , ° L11 --14-1"11 ?*. ( W-0.4-tP-r:-/- o p. /11.7.: 26( . Z /67-t7 7 3 / / ,3 ...111-6,- ,t1 PPf W-- G{ j •.�- T' - , O& €.4.1 ttv nl 1 / NJ,' - P //2 aup 5:\project3 \09, 3 5 - Jeffersonville T. 41, 5out ocuments\JRC Agreem J ' .doc f'° r 7 // 7/ A €v- ...._... ......._...... �... ' 1 JACOBI, TOOMBS AND LANZ, INC. 2012 HOURLY BILLING RATES January 4, 2012 STANDARD CODE CLASSIFICATION HOURLY RATE* PR2 PRINCIPAL - PRESIDENT 150.00 PR1 PRINCIPAL - VICE PRESIDENT 130.00 PM3 PROJECT MANAGER III 125.00 PM2 PROJECT MANAGER II 120.00 PM1 PROJECT MANAGER 1 105.00 E5 ENGINEER V (PE) 120.00 E4 ENGINEER IV (PE) 115.00 E3 ENGINEER 111 (PE) 100.00 E2 ENGINEER II (PE) 90.00 El ENGINEER I (PE) 80.00 ET4 ENGINEERING TECH IV (EIT) 75.00 ET3 ENGINEERING TECH I11 (EIT) 65.00 ET2 ENGINEERING TECH 11 55.00 ET1 ENGINEERING TECH I 45.00 GM GIS MANAGER 115.00 GT2 GIS TECHNICIAN II 75.00 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 110.00 LS2 LAND SURVEYOR II (LS) 80.00 LS1 LAND SURVEYOR I (LS) 65.00 SC SURVEY CHIEF 60.00 ST2 SURVEY TECHNICIAN II 55.00 ST1 SURVEY TECHNICIAN 1 45.00 FC2 2 -MAN SURVEY CREW 115.00 FC3 3 -MAN SURVEY CREW 160.00 RCM RESIDENT CONSTRUCTION MANAGER 80.00 RP RESIDENT CONSTRUCTION REPRESENTATIVE 70.00 RI RESIDENT INSPECTOR 65.00 ADM ADMINISTRATIVE ASSISTANT 70.00 CL CLERICAL 40.00 LAS LAND ACQUISITION SPECIALIST 60.00 GPS GPS 50.00 RTS ROBOTIC TOTAL STATION EQUIPMENT 50.00 EXP MILEAGE: PER MILE 0.40 " Overtime will be charged at 1.25 times the regular billing rate. 'r'Y 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 and Lanz. Inc. Professional Services Agreement Attachment E - 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. • 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 5: \projects\ 09135 - Jeffersonville To Center 5outI \Documents\J KC Agreement 1 .doe parties shall separately agree to any changes in the Project or additional compensation to JTL. 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 Liability $1,000,000 combined single limit for bodily injury and property damage Professional Liability $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. 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. 5 :\QroJccts \09 I )5 - JeffersonvllIe To Center Soutk\Documents\AC Agreement I .doc 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 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) 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. S : 'projects \091 39 - Jef1crsow& Town Center 5outh \DocumentsvRC Agreement I .Jac