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HomeMy WebLinkAboutRoselawn Ct and Magnolia Ave Job No. 12152 Supplemental Agreement Roselawn Court and Magnolia Avenue Drainage Improvements This Supplemental Agreement entered into this /A day of �pe':42 7'013 amends the Agreement for Professional Engineering Services made on the 7 day of November 2012, between the City of Jeffersonville, Indiana, acting thru its duly appointed Drainage Board (OWNER), and Jacobi, Toombs and Lanz, Inc. (CONSULTANT), a firm of Professional Engineering, Surveyors and GIS Specialists. WITNESSETH WHEREAS, under the Scope of Services of the original agreement, the CONSULTANT provides Construction Observation and Inspection, and, WHEREAS, the OWNER now wishes to provide said services in- house. NOW THEREFORE, in recognition of the OWNER'S desire, the original agreement date November 7 2012 shall be amended and supplemented as follows: Attachment A: Scope of Engineering Services, Item III, Construction Observation and Inspection, shall be deleted from the agreement or replaced as follows: III. Engineering Services during Construction 1. Attend and manage pre - construction conference. 2. Review shop drawings and payment requests submitted by the CONTRACTOR. 3. Address CONTRACTOR questions, work out issues that may arise. 4. Assist in the preparation and negotiations of change orders. 5. Assist and coordinate with the City's in -house inspector. CONSULTANT is not responsible for full or part time Construction Inspectors. Attachment B: Project Information Section C- Payment Terms Delete the second paragraph and insert the following: Payment to the CONSULTANT for Engineering Services during Construction shall be on a time and material basis, based on the hourly billing rates attached to this Supplemental Agreement, with a Not -To- Exceed sum of $15,000.00. All other terms in the Original Agreement dated November 7, 2012, shall remain in full force and effect. S. \projects \12152 - Roselawn Ct- Magnolia Ave Drainage Improvements \Documents \Supplemental Agreement.docx Job No. 12152 IN WITNESS WHEREOF, the parties hereto have made and executed this Supplemental Agreement as of the day and year first written. OWNER: CONSULTANT: Jeffersonville Drainage Board Jacobi, Toombs and Lanz, Inc. Jeffersonville, Indiana Consult' g Engineers 500 Quartermaster Court 1829 'pring Street, Suite 201 Jeffersonville, IN 47130 New .. , IN 47150 / r) By: " By: _ ' «• ..ter y: A ANIIIII■ Charles . : t t, ' • - sident o ge I. (nz, P.E., Pr- '. d- / / 1'' ' / / Witness: �� ,� -) ,, Witness: 4 _ a ` 1 / % /! R. Scott Lewis, ' ttorney bj%' ey L. ?Ir co, Executive Assistant S: \projects \12152 - Roselawn Ct- Magnolia Ave Drainage Improvements \Documents \Supplemental Agreement.docx a- -2-c..i =ti- ce , .:1 4c ,k,i, 1 J L . -.) - //,/ ___, ROSELAWN COURT & MAGNOLIA AVENUE DRAINAGE IMPROVEMENTS Agreement For Professional Engineering Services Surveying, Design & Construction Supervision Jeffersonville, Indiana This is an agreement made as of this 7th day of November 2012, between The City of Jeffersonville, Indiana, acting thru its duly appointed Drainage Board (OWNER) and Jacobi, Toombs, and Lanz, Inc. (CONSULTANT) a firm of Professional Engineers, Surveyors and GiS Specialists. WHEREAS, OWNER wishes to retain the CONSULTANT to provide certain Professional Engineering Services. The CONSULTANT agrees to undertake and perform these services (WORK) as may be requested by the OWNER, all in accordance with the terms and conditions contained herein. Y The WORK to be performed, the schedule for performance, and the compensation due the CONSULTANT shall be described in and attached hereto as Attachment B. The scope of the Professional Engineering Services that the CONSULTANT will perform under this agreement is described in Attachment A. CONSULTANT agrees to perform these services as required and described in Attachment B, invoiced to the OWNER as described in Attachment B and in accordance with Attachment C, and in accordance with the terms and conditions described in Attachment D, and subject to the conditions in Attachment E. This Agreement consists of this document together with Attachment A - Scope of Engineering Services, Attachment B --- Project information, Attachment C - Hourly Billing Rates, and Attachment D - Terms and Conditions. This agreement between the OWNER and CONSULTANT supercedes all prior written and oral understandings. This agreement may only be amended, supplemented, modified or cancelled 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: Jeffersonville Drainage Board Jacobi, Toombs, and Lanz, Inc. Jeffersonville, Indiana 1829 E. Spring St. 500 Quartermaster Court New Albany, IN 47150 Jeffersonville, Indiana 47130 (812) 945 =9585 (812) 285 -6400 i By . --(:-.14.,t,C2,- Brya t . � r sident By �� e 1. � .1 . Charlie F� o /� r Lanz, P. E.� - . ent Witness / �f.. r'' {_�+'i'�1.�` Witness - � , d ish � a Hil( r�ian, P. E S:\projects \tatg2. - Roselawn Ct- Magnolia Ave Drainage \ Proposals \Rosela«n CI- Magnolia Contract.doc 1 Terms & Conditions Rev 10/27/C ROSELAWN COURT & MAGNOLIA AVENUE DRAINAGE IMPROVEMENTS Attachment A: Scope of Engineering Services Scope of Engineering Services The Consultant shall provide the following services: 1• Surveying: 1. Topographic and Legal surveys as needed. 2. Preparation of easement plats and descriptions, fee simple documents. I[. Engineering Design, Studies, Reports: 1. Design, preparation of plans, specifications, contract documents and assist the Owner in bidding the work, analyze Contractor bids received, award recommendation. 2. Preparation of Engineering Estimates. 3. Geotechnical exploration to identify if rock will be encountered during construction (if necessary). 4. Prepare necessary regulatory agency permit applications. If mitigation measures are necessary to achieve regulatory compliance, this will be under separate contract. Construction Observation & Inspection: 1 . :- _......._P,.LQvide_fuli_time m _ � -- .(° time co radio ' mspecctors - and =assistant..personflel as i re uired to ascertain _that -- the -- project - is - ; tnucted in accordance with the contract dcuim v 2. Review shop drawings submitted by the Contractor, Contractor payment requests. 3. Address Contractor questions, work out problems that may arise. Report to the on a monthly basis. P he ✓` 4• Preparation and negotiation of change orders. S. \ projects \121;2 - Rosclawn Ct- Magnolia Are t) ainage \Proposals \Roselawn Cl- Magnolia Contract.doc 7 Terms & Conditions Rev 1O/271( ATTACHMENT B: PROJECT INFORMATION SECTION A — DESCRIPTION OF THE WORK Jacobi, Toombs and Lanz, Inc. (JTL) shall provide the Professional services for the project as described as follows: Surveying, Engineering Design and Inspection Improvements Project. ' for the Roselawn Court &Magnolia Avenue Drainage The purpose of this project is to provide drainage relief and reduce flooding in the Roselawn Court area make drainage improvements along the tributary to Mill Creek, and increase drainage capacity and conveyance along Magnolia Avenue for the tributary to Mill Creek. JTL has previously completed topographic survey and preliminary engineering design in this area A previous set of construction plans had been prepared for the Roselawn Court area that will need to be modified to accommodate changes from the VWVTP Effluent project, and a preliminary set of schematics had been prepared for the Magnolia Avenue area. To complete this project, we will supplement the topographic survey work that was previously performed by surveying changes that have occurred due to the VVVVTP Effluent project. Once the survey has been completed, we will finalize engineering plans and construction documents for bidding, and prepare the necessary easement plats and descriptions. The final product will be one set of construction plans and documents that incorporates both projects_ SECTION B — SCHEDULE All survey and design work shall be completed within 120 calendar days unless modified in writing by the OWNER and the CONSULTANT. The estimated final deliverable date is March7, 2013. The anticipated construction start for this project is April 2013, and could be completed by August 2013 (dependent on City review and Award time and Contractor Progress and Weather Delay). The construction period for this project is estimated to have a 120 calendar day completion schedule. SECTION C — PAYMENT TERMS Payment to the CONSULTANT for Surveying and Engineering & Design, Services shall be on a lump sum basis, with monthly payments to be based upon percentage complete, for a fixed, not to exceed sum of $30,000.00_ Appraisal work, if required, will be approved by the Owner in the form of an amendment to this contract or under separate contract. Payment to the CONSULTANT for Construction Engineering & Inspection Services shall be on a time and materials basis, based on the hourly billing rates shown in Attachment C of the General Services Agreement and incorporated herein for reference, for a fixed, not to exceed sum of $75,000.00. The CONSULTANT may submit monthly invoices for payment for work completed to date. S: \projects \i_152 - Rosclatisn Ct- Magnolia All Drainage. \Proposals \Roselawn Cl- Magnolia Contract.doc 3 Terms & Conditions Rev 10/27/( . ROSELAWN COURT & MAGNOLIA AVENUE DRAINAGE IMPROVEMENTS Attachment C: Hourly Billing Rates JACOBI, TOOMBS AND LANZ, INC. 2012 CODE CLASSIFICATION STANDARD HOURLY RATE* PR2 PRINCIPAL - PRESIDENT PR1 PRINCIPAL - VICE PRESIDENT 150.00 PM3 PROJECT MANAGER III 130.00 PM2 PROJECT MANAGER II 125.00 PM1 PROJECT MANAGER I 120.00 E5 ENGINEER V (PE) 105.00 - - - E4 ENGINEER IV (PE) 120.00 E3 ENGINEER III (PE) 115.00 E2 ENGINEER II (PE) 100.00 El ENGINEER I (PE) 90.00 ET4 ENGINEERING TECH IV (EIT) 80.00 ET3 ENGINEERING TECH III (EIT) 75.00 ET2 ENGINEERING TECH 11 65.00 ET1 ENGINEERING TECH I 55.00 GM GIS MANAGER 45.00 GT2 GIS TECHNICIAN 11 115.00 GT1 GIS TECHNICIAN I 75.00 CT3 CAD TECH III (DESIGNER) fi0. CT2 CAD TECH 11 67.50 CT1 CAD TECH I 60.00 SM SURVEY MANAGER 50.00 LS2 LAND SURVEYOR II (LS) 110.00 LS1 LAND SURVEYOR I (LS) 80.00 SC SURVEY CHIEF 65.00 ST2 SURVEY TECHNICIAN II 60.00 ST1 SURVEY TECHNICIAN I 55.00 FC2 2 -MAN SURVEY CREW 45.00 FC3 3 -MAN SURVEY CREW 115.00 RCM RESIDENT CONSTRUCTION MANAGER 80.00 8 RP RESIDENT CONSTRUCTION REPRESENTATIVE 70.00 70.00 RI RESIDENT INSPECTOR ADM ADMINISTRATIVE ASSISTANT 70.00 CL CLERICAL 70.00 LAS LAND ACQUISITION SPECIALIST 60.00 GPS GPS 60.00 RTS ROBOTIC TOTAL STATION EQUIPMENT 50.00 50.00 EXP MILEAGE PER MILE 0.40 * Overtime will be charged of 1.25 times the regular billing rate. '`" Serving as an expert witness in legal proceedings will be charged at 2 times the regular billing rate. These rates may be adjusted on an annual basis as required by economic factors at the discretion of Jacobi, Toombs and Lanz, Inc. 5;\projects \12L52 - Roselawn Ct- Magnolia Ave Drainage \Proposals\Roselaxn CI-Magnolia Contract.doc 4 Terms & Conditions Rev 10/27/ ROSELAWN COURT & MAGNOLIA AVENUE DRAINAGE IMPROVEMENTS Attachment D: Terms & Conditions Services Jacobi, Toombs and Lanz, Inc. (JTL) will • Reimbursable expenses are defined as actual perform services for the Client with these Terms & Conditions. JTL has developed the Project scope of expenses incurred in connection with the Project. service, schedule, and compensation based on Payment Terms JTL shall submit monthly invoices available information and various assumptions. The for services performed and Client shall pay the full Client acknowledges that adjustments to the schedule invoice amount within 30 days of the invoice date. and compensation may be necessary based on the Invoices will be considered correct if not questioned in actual circumstances encountered by JTL in writing within 10 days of the invoice date. JTL shall be performing their services. entitled to a 2% per month administrative charge in Authorized Representatives The officer assigned to the event of payment delay. Client payment to JTL is g not contingent on arrangement of project financing. the Project by JTL is the only authorized Invoice payment delayed beyond 60 days shall give representative to make decisions or commitments on JTL the right to stop work until payments are current. behalf of JTL. The Client shall designate a Non- payment beyond 70 days shall be just cause for representative with similar authority. Project Requirements The Client shatl confirm the termination by JTL. Addifionai Services The Client and JTL objectives, requirements, constraints, and criteria for acknowledge that additional services may be the Project at its inception, If the Client has n ecessary for the Project to address issues that may established design standards, they shall be furnished not be known at Project initiation or that may be to JTL at Project inception. JTL will review the Client required to address circumstances that were not design standards and may recommend alternate foreseen. In that event, JTL shall notify the Client of standards considering the standard of care provision. the need for additional services and the Client shall Site Access The Client shall obtain all necessary pay for such additional services in an amount and approvals for JTL to access the Project site(s). manner as the parties may subsequently agree. Period of Service JTL shall perform the services for independent Consultant JTL shall serve as an the Project in a timely manner consistent with sound independent consultant for services provided under professional practice. JTL will strive to perform its this agreement. JTL shall retain control over the services according to the Project schedule set forth in means and methods used in performing their services Attachment C. The services of each task shall be and may retain subconsultants to perform certain considered complete when deliverables for the task services as determined by JTL. have been presented to the Client. JTL shall be Standard of Care Services provided by JTL will be entitled to an extension of time and compensation performed with the care and skill ordinarily exercised adjustment for any delay beyond JTL control. by members of the same profession practicing under Compensation In consideration of the services similar circumstances. JTL will not be liable for the performed by JTL, the Client shall pay JTL in the cost of any omission that adds value to the Project. manner set forth in Attachment B. The parties Compliance with Laws JTL shall perform its services acknowledge that terms of compensation are based consistent with sound professional practice and on an orderly and continuous progress of the Project. endeavor to incorporate laws, regulations, codes, and Compensation shall be equitably adjusted for delays standards applicable at the time the work is or extensions of time beyond the control of JTL. performed. In the event that standards of practice Payment Definitions The following definitions shall change during the Project, JTL shall be entitled to apply to methods of payment: additional compensation where additional services • Salary cost is defined as the individuals base are needed to conform to the standard of practice. salary plus customary and statutory benefits. Permits and Approvals JTL will assist the Client in Statutory benefits shall be as prescribed by law preparing applications and supporting documents for and customary benefits shall be as established the Client to secure permits and approvals from by JTL employment policy_ agencies having jurisdiction over the Project. The • Cost plus is defined as the individuals base Client agrees to pay all application and review fees. salary plus actual overhead plus professional fee. Ownership of Documents Documents prepared by Overhead shall include customary and statutory JTL for the Project are instruments of service and benefits, administrative expense, and non- project shall remain the property of JTL. Record documents operating costs. of service shall be based on the printed copy. JTL will • Lump sum is defined as a fixed price amount for furnish documents electronically, however the Client releases JTL from any liability that may result from the scope of services described. • Standard Rates is defined as individual time documents used in this form. JTL shall not be held multiplied by standard billing rates for that liable for reuse of documents for any purpose other individual. than those intended under the Project. • Subcontracted services are defined as Project Insurance JTL will maintain the following insurance and coverage limits during the period of service. The related services provided by other parties to JTL Client will be named as an additional insured on the Commercial General Liability and Automobile Liability policies. 5:\projecls \1_152 - Roselawn et-Magnolia Ave Drainage\ Proposals \Roselativn Cl- Magnolia Contraci.doc 5 Terms & Conditions Rev 10/2711 Consequential Damages Neither the Client nor JTL Worker's Compensation $500,000 per Accident shall be liable to the other for any consequential and $500,000 Policy Limit damages regardless of the nature or fault. Commercial General $1,000,000 per Environmental Matters The Client warrants they Liability occurrence (bodily injury have disclosed all potential hazardous materials that including death & may be encountered on the Project. In the event unknown hazardous materials are encountered, JTL property damage) shall be entitled to additional compensation for $2,000,000 aggregate appropriate actions to protect the health and safety of Automobile Liabi[it $1 ,000,000 combined its personnel, and for additional services required to single limit for bodily comply with applicable laws. The Client shall injury indemnify JTL from any claim related to hazardous and property damage materials encountered on the Project except for those Professions[ Liabilit events caused by negligent acts of JTL. $1,000,000 each claim Cost Opinions JTL shall prepare cost opinions for and in the aggregate the Project based on historical information that The Client shall make arrangements for Builder's Tt e and JTL acknowledge Il t id at actual Risk, Protective Liability, Pollution Prevention, and may vary from the cost opinions prepared and that other specific insurance coverage wan for the JTL offers no guarantee related to the Project cost. Project in amounts appropriate to the Project value Independent Counsel The Client agrees to obtain and risks. JTL shall be a named insured on those policies where JTL may be at risk. The Client shall independent legal and financial counsel for the Project considering JTL does not furnish these obtain the counsel of others in setting insurance limits services. for construction contracts. Waiver of Subrogation JTL shall endeavor to obtain Contingency Fund The Client acknowledges the a waiver of subrogation against the Client, if potential for changes in the work during construction requested in writing by the Client, provided that JTL and the Client agrees to include a contingency fund in will not increase its exposure to risk and Client will the Project budget appropriate to the potential risks and uncertainties associated with the Project. JTL pay the cost associated with any premium increase or may offer advice concerning the value of the special fees. contingency fund; however, JTL shall not be liable for indemnification JTL shall indemnify the Client from additional costs that the Client may incur beyond the any reasonable damages caused solely by the contingency fund they select unless such additional negligent act, error, or omission of JTL in the cost results from a negligent act, error, or omission performance of services under the Project. If such related to services performed by JTL. damage results in part by the negligence of another party, JTL shall be liable only to the extent of their Contractor Selection JTL may make proportional negligence recommendations concerning award of construction Limitation of Liability in recognition of the relative that final pro ducts. of case Client ackac a n d risks and benefits of the project to both the Client and products is their sole responsibility ion contractors and JTL, the risks have been allocated. The Client agrees 9 Shop Drawing Review If included in the scope of to limit the liability of JTL for all claims related to the service, JTL shall review shop- drawing submittals Project at $50,000 or the net income realized by JTL from the contractor solely for their conformance with forte Project, whichever is greater. the design intent of and performance criteria specified Third Party Claims The Client will compensate JTL for the Project. JTL shall not be liable for the for services performed in defense of any third party performance of or consequential damages of any claim unless the claim resulted from the negligent act, equipment furnished by the contractor under the error or omission of JTL. Project. Legal Expense In the event that either party takes Construction Review If included in the scope of legal action against the other that is not prosecuted, is service, JTL shall observe the progress and content dismissed, or if the decision is rendered for the other of the work to determine if the work is proceeding in party, the party taking legal action agrees to pay the general accordance with the Contract Documents. other their attorney fees, court costs, and defense This construction review is intended to observe, expenses within 30 days of the court action. document, and report information concerning the Lien Rights JTL may file a lien against the Client's construction process. Observation of work at the property in the event that the Client does not make Project site shall not make JTL responsible for the payment within the time prescribed in this agreement. work performed by another party, the means The Client agrees that services by JTL are considered methods, property improvements and the Client waives the right selected by techniques, sequences, or procedures another party, nor the safety precautions to any legal defense to the contrary. or programs of another party. S: \projecls\121 - Roselawn Ct- Magnolia Ave Drainage \Proposals\Roselawn Ct- Magnolia Cantract.doe 6 Terms & Conditions Rev 10/27/1 C Rejection of Work JTL may recommend that the Client reject work by construction contractors that Governing Law The terms of agreement shall does not conform to the requirements of the Project. be governed by the laws of the state where the Safety JTL shall be responsible solely for the safety services are Performed provided that nothing precautions or programs of its employees and no Contained herein shall be interpreted in such a other party, manner as to render it unenforceable under the Information from Other Parties The Client and JTL laws of the state in which the Project resides. acknowledge that JTL will rely on information Assignment Neither party shall assign its rights, furnished by other parties in performing its services interests or obligations under the Project without under the Project. JTL shall not be liable for any the express written consent of the other art . damages that may be incurred by the Client in the use P Y of third party information. Waiver of Rights The failure of either party to Construction Record Drawings If included in the enforce any provision of these terms and scope of service, JTL will deliver drawings to the conditions shall not constitute a waiver of such Client incorporating information furnished by provision nor diminish the right of either party to construction contractors. In that construction record the remedies of such provision. drawings are based on information Warranty JTL warrants that they will deliver others, JTL cannot and does not warrant d their products under the Pro within accuracy. care. JTL 1 the standard of Force Majeure Neither party will hold the other implied warranty y vEdes no other expressed or responsible for damages or delay caused by Acts of God, acts of war, strikes, accidents, or other events Severability Any provision of these terms later beyond the other's control, held to violate any law shall be deemed void and Dispute Resolution The Client and JTL agree that all remaining provisions shall continue in force. they shall diligently pursue resolution of all In such event, the Client and JTL wil! work in good faith to replace an invalid provision with disagreements within 45 days of either party's written notice using a mutually acceptable form of mediated one that is valid with as close to the original dispute resolution prior to exercising their rights under meaning as possible. law. JTL shall continue to perform services for the Survival All provisions of these terms Project and the Client shall pay for such services allocate responsibility or liabilit b that during the dispute resolution process unless the Y etween the Client issues a written notice to suspend work. Client and JTL shall survive the completion or Suspension of Work The Client may suspend termination of services for the Project. 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 thirty (30) days written notice with or without cause. 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. S:\projects \j - Roselawn Cl- Magnolia Ave Drainage\ Proposals \Roselama Ct- Magnolia Conlract.doc 7 Terms & Conditions Rev 10/27/(