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HomeMy WebLinkAboutJTL BRIDGEPOINT COMMONS (2) • a , IRON STREET WAY PUBLIC IMPROVEMENTS AT BRIDGEPOINTE COMMONS JEFFERSONVILLE REDEVELOPMENT COMMISSION JEFFERSONVILLE, INDIANA PROFESSIONAL ENGINEERING SERVICES AGREEMENT This is an agreement made as of this 29th day of June, 2016, 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 D. This Agreement consists of this document together with Attachment A - Project Description, Attachment B - Engineering Design Services,Attachment C - Fee Schedule,Attachment D—Terms and Conditions,and Attachment E-Provisions Regarding Employment of Unauthorized Aliens. 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 1829 E. Sp g Si.-et, Suite 201 Jeffersonville, Indiana 47130 New Albany, India o a 47150 By: �, �i '���� / By: 4 Monty S.OrPresiseft Jo ge I. anz,P. res ►-nt Witnes . Wow 1 Witness: A. /1 E� .a _ di / _ . .L CaI Les Merkley,Attorney` S dney L. rrico ministrative Assistant 5' rejects\I 603 I-5ridgepoint Commons\Documents\I 603 I.doc Page 1 of 8 ATTACHMENT 'A' PROJECT DESCRIPTION The overall project consists of the construction of Iron Street Way,a new public street,beginning at SR 62,approximately 2,140 feet north of the centerline of I-265,which is also about 1,540 feet'north of the center of the roundabout north of I-265 at the access ramps, and then extending in a southeasterly direction and crossing Chapel Lane at a distance of about 1,200 feet,and continuing in a southeasterly direction to Utica-Sellersburg Road,a distance of approximately 2,000 feet, resulting in a total project length of approximately 3,200 feet. The purpose of the new street is to serve a new commercial development that will result in new jobs and TIF income for the City of Jeffersonville. Proposed improvements include construction of new pavement, curb and gutters, storm sewers, sidewalks, landscaping, lighting, extension of sanitary sewers and other public utilities to serve the commercial development.The scope also includes the installation of a new traffic signal at SR 62 which has been previously approved by INDOT. The total estimated project cost, including construction, contingency, engineering, and inspection is $4M. j:\rojcct\I 603 1-bridgcpoint Commons\Documents'I 603 I.doc Page 2 of 8 ATTACHMENT 'B' ENGINEERING DESIGN SERVICES Jacobi,Toombs and Lanz, Inc. will provide the following services: 1. Project Management and Coordination. 2. Topographic survey of the street corridor. 3. Perform all required street and drainage design,prepare construction plans and specifications, bid documents, and assist the OWNER in obtaining construction bids. 4. Preparation and submission of any and all required regulatory agency permits inclusive of INDOT 's Highway Entrance Permit and Rule 5 Erosion Control. 5. Traffic Signal Design and Coordination w/ INDOT. 6. Coordinate the work with all existing utilities, design public utility improvements to extend services into the new development. 7. Provide and manage Geotechnical Investigation. 8. Landscaping Design and Plans. 9. Lighting Design and Plans. 10. Coordinate Right of Way dedication with the Developer and prepare all documents that may be necessary to transfer ownership of the Public Right of Way to the OWNER. 11. 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 eighty(180)calendar days of execution of this agreement. Construction observation is slated to begin spring 2017. 'projects\I 605 I-5ndgepoint Commons\Documents\I 605 I.doc Page 3 of 8 ATTACHMENT 'C' FEE SCHEDULE The CONSULTANT shall receive as payment for the work performed under this agreement a lump sum amount based on the following fees: I. PRELIMINARY ENGINEERING AND DESIGN: SECTION SERVICES FEE 1 Project Management and Coordination with the OWNER,Developers, $15000 and Developer's Engineer ' 2. Topographic Survey of the Street Corridor $30,000 3 Road and Drainage Design, Construction Plans and Specifications, $86,000 Contract Documents Erosion Control Plans and Permit, USAGE, IDEM, IDNR permit 4. $20,000 Applications, INDOT Entrance Permit 5. Traffic Signal Design and Coordination with INDOT $15,000 6. Utility Coordination and Design $45,000 7. Geotechnical Investigation (by Sub-consultant) $25,000 8. Landscaping Design and Plans $15,000 9. Lighting Design and Plans $20,000 10. Coordinate Right of Way Dedication with Developer $5,000 TOTAL $276,000 The total compensation for all of the above services shall be two hundred seventy-six thousand hundred dollars ($276,000.00). The CONSULTANT may submit monthly invoices for payment for work completed to date. II. CONSTRUCTION ENGINEERING AND INSPECTION A Supplemental Agreement shall be submitted to cover Construction Engineering and Inspection fees once the Preliminary Engineering phase has been completed and the construction phase is out for bids. Attachment D Terms and Conditions Services Jacobi, Toombs and Lanz, Inc. (JTL) will Conditions. JTL has developed the Project scope of perform services for the Client with these Terms and service, schedule, and compensation based on available 5:\projects\I 603 I-5ridgepoint Commons\Documents\I 605 I.doc Page 4 of 8 Job No. 16043 information and various assumptions. The Client days of the invoice date. JTL may be entitled to a 2% per acknowledges that adjustments to the schedule and month administrative charge in the event of payment delay. compensation may be necessary based on the actual Client payment to JTL is not contingent on arrangement of circumstances encountered by JTL in performing their project financing. Invoice payment delayed beyond 60 services. days shall give JTL the right to stop work until payments Authorized Representatives The officer assigned to the are current. Non-payment beyond 70 days shall be just Project by JTL is the only authorized representative to cause for termination by JTL. make decisions or commitments on behalf of JTL. The Additional Services The Client and JTL acknowledge that Client shall designate a representative with similar additional services may be necessary for the Project to authority. address issues that may not be known at Project initiation Project Requirements The Client shall confirm the or that may be required to address circumstances that objectives, requirements, constraints, and criteria for the were not foreseen. Other than an emergency, JTL shall Project at its inception. If the Client has established design notify the Client through its designated agent, prior to standards, they shall be furnished to JTL at Project incurring additional expenses or performing additional inception. JTL will review the Client design standards and work, of the need for additional services or work that JTL may recommend alternate standards considering the reasonably believes may be necessary. The Client shall standard of care provision. then review the nature of the additional services, and the Site Access The Client shall obtain all necessary payment for such additional services. The parties shall approvals for JTL to access the Project site(s). separately agree on the need for additional services and Period of Service JTL shall perform the services for the payment for such additional services. Project in a timely manner consistent with sound Independent Consultant JTL shall serve as an professional practice. JTL will strive to perform its services independent consultant for services provided under this according to the Project schedule set forth in Attachment B. agreement. JTL shall retain control over the means and The services of each task shall be considered complete methods used in performing their services and may retain when deliverables for the task have been presented to and subconsultants to perform certain services as determined accepted by the Client. by JTL. Compensation In consideration of the services performed Standard of Care Services provided by JTL will be by JTL, the Client shall pay JTL in the manner set forth in performed with the care and skill ordinarily exercised by Attachment C. The parties acknowledge that terms of members of the same profession practicing under similar compensation are based on an orderly and continuous circumstances. JTL will not be liable for the cost of any progress of the Project. If delays on the project take place, omission that adds value to the Project. JTL shall notify the Client's designated agent of the nature Compliance with Laws JTL shall perform its services and cause of the delay and any additional costs this may consistent with sound professional practice and endeavor create both in the Project cost itself and the compensation to incorporate laws, regulations, codes, and standards due to JTL. The client shall then review the nature and applicable at the time the work is performed. In the event cause of the delay and additional costs, and the parties that standards of practice or legal requirements change shall separately agree to any extensions of time or during the Project, JTL shall promptly notify the Client additional compensation to JTL. through its designated agent of such changes and any Payment Definitions The following definitions shall apply additional costs that this may create both in the Project to methods of payment: cost itself and the compensation due to JTL. The Client shall then review the nature and cause of the changes and • Salary cost is defined as the individuals base additional costs, and the parties shall separately agree to salary plus customary and statutory benefits. Statutory any changes in the Project or additional compensation to benefits shall be as prescribed by law and customary JTL. benefits shall be as established by JTL employment Permits and Approvals JTL will assist the Client in policy. preparing applications and supporting documents for the • Cost plus is defined as the individuals base salary Client to secure permits and approvals from agencies plus actual overhead plus professional fees. Overhead having jurisdiction over the Project. The Client agrees to shall include customary and statutory benefits, pay all application and review fees. administrative expenses, and non project operating Ownership of Documents Documents prepared by JTL costs. for the Project are instruments of service and shall remain • Lump sum is defined as a fixed price amount for the property of JTL. Record documents of service shall be the scope of services described. based on the printed copy. JTL will furnish documents • Standard Rates is defined as individual time electronically, however, the Client releases JTL from any multiplied by standard billing rates for that individual. liability that may result from documents used in this form. • Subcontracted services are defined as Project- JTL shall not be held liable for reuse of documents for any related services provided by other parties to JTL. purpose other than those intended under the Project. • Reimbursable expenses are defined as actual Insurance JTL will maintain the following insurance and expenses incurred in connection with the Project. coverage limits during the period of service.The Client will Payment Terms JTL shall submit monthly invoices for be named as an additional insured on the Commercial General Liability and Automobile Liability policies. services performed and Client shall pay the full invoice amount within 45 days of the invoice date. Invoices will be Worker's Compensation $500,000 per Accident and considered correct if not questioned in writing within 10 $500,000 Policy Limit Commercial General $1,000,000 per occurrence(bodily Page 6 of 8 Professional Services Agreement S:\projects\16031-Bridgepoint Commons\Documents\16031.doc Job No. 16043 Liability injury including death be compensated for actual costs and for its services based & property damage) on the billing rates established in the agreement. $2,000,000 aggregate Cost Opinions JTL shall prepare cost opinions for the Automobile Liability $1,000,000 combined single Project based on historical information that represents the limit for bodily injury and properiudgment of a qualified professional. The Client and JTL damage knowledge that actual costs may vary from the cost opinions prepared and that JTL offers no guarantee related Professional Liability $1,000,000 each claim and to the Project cost. in the aggregate Independent Counsel The Client agrees to obtain The Client shall make arrangements for Builder's Risk, independent legal and financial counsel for the Project Protective Liability,Pollution Prevention,and other specific considering JTL does not furnish these services. insurance coverage warranted for the Project in amounts Contingency Fund The Client acknowledges the potential appropriate to the Project value and risks. JTL shall be a for changes in the work during construction and the Client named insured on those policies where JTL may be at risk. agrees to include a contingency fund in the Project budget The Client shall obtain the counsel of others in setting appropriate to the potential risks and uncertainties insurance limits for construction contracts. associated with the Project. JTL may offer advice Waiver of Subrogation JTL shall endeavor to obtain a concerning the value of the contingency fund; however, waiver of subrogation against the Client, if requested in JTL shall not be liable for additional costs that the Client writing by the Client, provided that JTL will not increase its may incur beyond the contingency fund they select unless exposure to risk and the Client will pay the cost associated such additional cost results from a negligent act, error, or with any premium increase or special fees. omission related to services performed by JTL. Indemnification JTL shall indemnify the Client from any Contractor Selection JTL may make recommendations reasonable damages caused solely by the negligent act, concerning award of construction contracts and products. error, or omission of JTL in the performance of services The Client acknowledges that the final selection of under the Project. If such damage results in part by the construction contractors and products is their sole negligence of another party, JTL shall be liable only to the responsibility. extent of their proportional negligence. Shop Drawing Review If included in the scope of service, Third Party Claims The Client will compensate JTL for JTL shall review shop drawing submittals from the services performed in defense of any third party claim contractor solely for their conformance with the design unless the claim resulted from the negligent act, error or intent of and performance criteria specified for the Project. omission of JTL. JTL shall not be liable for the performance of or Legal Expense In the event legal action becomes consequential damages of any equipment furnished by the necessary to enforce the provisions of this agreement,the contractor under the Project. prevailing party shall be entitled to recover the costs of Construction Review If included in the scope of service, legal action against the opposing party, including, but not JTL shall observe the progress and content of the work to limited to, court costs, attorney fees, and related legal determine if the work is proceeding in general accordance expenses. with the Contract Documents. This construction review is Lien Rights JTL may file a lien against the Client's intended to observe, document, and report information property in the event that the Client does not make concerning the construction process. Observation of work payment within the time prescribed in this agreement. The at the Project site shall not make JTL responsible for the Client agrees that services by JTL are considered property work performed by another party, the means, methods, improvements and the Client waives the right to any legal techniques,sequences,or procedures selected by another defense to the contrary. party, nor the safety precautions or programs of another Consequential Damages Neither the Client nor JTL shall party. be liable to the other for any consequential damages Rejection of Work JTL may recommend that the Client regardless of the nature or fault. reject work by construction contractors that does not Environmental Matters The Client warrants they have conform to the requirements of the Project. disclosed all potentially hazardous materials that may be Safety JTL shall be responsible solely for the safety encountered on the Project. In the event unknown precautions or programs of its employees and no other hazardous materials are encountered,JTL shall be entitled party. to additional compensation for appropriate actions to Information from Other Parties The Client and JTL protect the health and safety of its personnel, and for acknowledge that JTL will rely on information furnished by additional services required to comply with applicable laws. other parties in performing its services under the Project. JTL and the Client acknowledge that unforeseen JTL shall not be liable for any damages that may be environmental matters may arise during the course of the incurred by the Client in the use of third party information. Project. The Client shall notify JTL of any potential Construction Record Drawings If included in the scope of environmental matters of which the Client may be aware, service,JTL will deliver drawings to the Client incorporating and JTL shall immediately notify the Client through its information furnished by construction contractors. In that designated agent of any environmental matters of which construction record drawings are based on information JTL becomes aware.The parties shall mutually agree to a provided by others, JTL cannot and does not warrant their course of action, which shall include termination of the accuracy. Project. In the case of an emergency, JTL will take Force Majeure Neither party will hold the other responsible appropriate action and immediately contact the Client's for damages or delay caused by acts of God, acts of war, designated agent. In the event of an emergency, JTL will Page 7 of 8 Professional Services Agreement S:\projects\16031-Bridgepoint Commons\Documents\16031.doc Job No. 16043 strikes, accidents, or other events beyond the other's or obligations under the Project without the express written control. consent of the other party. Dispute Resolution The Client and JTL agree that they Waiver of Rights The failure of either party to enforce any shall diligently pursue resolution of all disagreements within provision of these terms and conditions shall not constitute 45 days of either party's written notice using a mutually a waiver of such provision nor diminish the right of either acceptable form of mediated dispute resolution prior to party to the remedies of such provision. exercising their rights under law. JTL shall continue to Warranty JTL warrants that they will deliver products under perform services for the Project and the Client shall pay for the Project within the standard of care. JTL provides no such services during the dispute resolution process unless other expressed or implied warranty. the Client issues a written notice to suspend work. Severability Any provision of these terms later held to Suspension of Work The Client may suspend services violate any law shall be deemed void and all remaining performed by JTL with cause upon fourteen (14) days provisions shall continue in force. In such event,the Client written notice. JTL shall submit an invoice for services and JTL will work in good faith to replace an invalid performed up to the effective date of the work suspension provision with one that is valid with as close to the original and the Client shall pay JTL all outstanding invoices within meaning as possible. fourteen (14) days. If the work suspension exceeds thirty Survival All provisions of these terms that allocate (30) days from the effective work suspension date, JTL responsibility or liability between the Client and JTL shall shall be entitled to renegotiate the Project schedule and the survive the completion or termination of services for the compensation terms for the Project. Project. Termination The Client or JTL may terminate services on No Personal Liability The client further agrees that,to the the Project upon seven(7)days written notice in the event fullest extent permitted by law, no owner, shareholder, of substantial failure by the other party to fulfill its officer,director, partner, principal or employee of JTL shall obligations of the terms hereunder. JTL shall submit an have personal liability under this indemnification provision, invoice for services performed up to the effective date of under any provision of the Agreement,or for any matter in termination and the Client shall pay JTL all outstanding connection with the Professional Services provided by JTL invoices within fourteen(14)days.The Client may withhold in connection with the project. 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 LawThe 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 Page 8of8 Professional Services Agreement S:\projects\16031-Brldgepoint Commons\Documents\16031.doc Job No. 16043 ATTACHMENT E PROVISIONS REGARDING EMPLOYMENT OF UNAUTHORIZED ALIENS As required by IC 22-5-1.7,the Contractor affirms under the penalties of perjury that: A. It does not knowingly employ an unauthorized alien. B. The Contractor shall enroll in and verify the work eligibility status of all its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Contractor is not required to participate should the E-Verify program cease to exist. C. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. D. The Contractor shall require its subcontractors who perform work under this Contract to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. E. The Owner may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the Owner. I, on behalf of myself or the person being awarded this contract, hereby certify that I have read Indiana Code 5-22-16.5 in its entirety, as enacted and amended and further certify that neither I nor the person being awarded this contract am engaged in investment activities in Iran as defined in Indiana Code 5-22-16.5 as enacted and amended. Atilii SIGN' . G®4Nz PRIN I'E N� A-f-11 TITLE Page 9 of 8 Professional Services Agreement S:\projects\16031-Bndgepoint Commons\Documents\16031.doc