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HomeMy WebLinkAboutNEW CHAPEL SIDEWALKS NEW CHAPEL SIDEWALK Agreement For Professional Engineering Services Surveying & Preliminary Engineering Design Jeffersonville, Indiana This is an agreement made as of this/�4.-day of lnd!�-bd2016, between The City of Jeffersonville, Indiana, acting thru its Board of Public Works (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. 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: City of Jefferso ill Jacobi,Toombs, and Lanz, Inc. Board of P I' W ks 1829 E. ng St. 500 Quarte ster ourt New�bany, 47150 Jeffersonvi Indi a 47 0 (812)T45-658 (812) 285-( 0 By By. rge . Lank, E., Presi t Witness Witness S:•projects\16138-New Chapel Sidewa1k\Proposal\16'38 New Chapel Sidewalk Proposal.doc I NEW CHAPEL SIDEWALK Attachment A: Scope of Engineering Services Scope of Engineering Services The Consultant shall provide the following services.- 1. ervices:I. Surveying: 1. Topographic and Legal surveys as needed. 2. Determination of apparent right-of-way/property boundaries. 3. Easement research for coordination with power company. II. Preliminary Engineering Design Studies Reports- 1. Evaluation of topographic survey and property boundaries to determine sidewalk layout. 2. Preparation of Engineering Estimates. 3. Utility Coordination for Conflict Resolution. 4. Prepare Schematic Design and select Alignment for sidewalk. S:\projects\16138-New Chapel Sidewalk`•,Proposal\16138 New Chapel Sidewalk Ploposal.doc 2 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 and Preliminary Engineering Design for the New Chapel Sidewalk Project. The purpose of this project is to provide a safe pedestrian walking route along New Chapel Road from Sundancer to Kerry Ann Way/Old Tay Bridge. SECTION B—SCHEDULE All survey and preliminary engineering design work shall be completed within 60 calendar days, unless modified in writing by the OWNER and the CONSULTANT. The estimated final deliverable date is December 2016. SECTION C — PAYMENT TERMS Payment to the CONSULTANT for Surveying and Engineering & Design Services shall be on an hourly basis, with a not to exceed sum of$15.000.00. Appraisal work, if required, will be approved by the Owner in the form of an amendment to this contract or under separate contract. The CONSULTANT may submit monthly invoices for payment for work completed to date. S:\projects\16138-New Chapel Sidewalk\Proposal\16138 New Chapel Sidewalk Proposal doe 3 ATTACHMENT C 1ACOB1, TOOMBS AND LANZ, INC. 2016 HOURLY BILLING RATES STANDARD CODE HOURLY BiLLING CLASSIFICATION RATE* PR2 PRINCIPAL - PRESIDENT $165 PRi PRINCIPAL - VICE PRESIDENT $160 PM3 PROJECT MANAGER 111 $140 PM2 PROJECT MANAGER 11 $130 PMT PROJECT MANAGER 1 $120 E5 ENGINEER V (PE) $145 E4 ENGINEER iV (PE) $120 E3 ENGINEER iii (PE) $115 E2 ENGINEER 11 (PE) $105 E1 ENGINEER i (PE) $100 DE DESIGN ENGINEER $95 LA LANDSCAPE ARCHITECT $80 ET4 ENGINEERING TECH IV (EIT) $80 Ei'3 ENGINEERING TECH iII (EIT) $75 ET2 ENGINEERING TECH II $65 ETT ENGINEERING TECH i $60 GM GIS MANAGER $6 GT2 GIS TECHNICIAN 11 $ 30 GTT GIS TECHNICIAN 1 75 $70 CT3 CAD TECH III (DESIGNER) $75 CT2 CAD TECH 11 $70 CTT CAD TECH 1 $65 SM SURVEY MANAGER $ 6 LS2 LAND SURVEYOR II (LS) $ 35 LST LAND SURVEYOR i (LS) $75 SC SURVEY CHIEF $70 ST2 SURVEY TECHNICIAN II $65 STT SURVEY TECHNICIAN 1 $55 FC2 2-MAN SURVEY CREW $135 FC3 3-MAN SURVEY CREW $190 RCM RESIDENT CONSTRUCTION MANAGER $90 RP RESIDENT CONSTRUCTION REPRESENTATIVE $75 RI RESIDENT INSPECTOR $70 CA CONSTRUCTION/PROJECT ADMINISTRATOR $75 ADM ADMINISTRATIVE ASSISTANT $95 CL CLERICAL $55 LAS LAND ACQUISITION SPECIALIST $75 PRIiI PLAN REVIEWER 111 $80 PRIi PLAN REVIEWER ii (iCC CERTIFIED) $75 PRi PLAN REVIEW 1 $75 GPS GPS $50 RTS ROBOTIC TOTAL STATION EQUIPMENT $50 EXP MILEAGE: PER MiLE $0.44 *Overtime will be charged at 1.25 times the standard bi/NW 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\16138-New Chapel Sidewalk\Proposal`,16l38 New Chapel Sidewalk Proposal.doe 4 NEW CHAPEL SIDEWALK Attachment D: Terms & Conditions Services Jacobi, Toombs and Lanz, Inc. (JTL) will • Subcontracted services are defined as Project- perform services for the Client with these Terms and related services provided by other parties to JTL. Conditions. JTL has developed the Project scope of service, schedule, and compensation based on Reimbursable expenses are defined as actual available information and various assumptions. The expenses incurred in connection with the Project. Client acknowledges that adjustments to the schedule Payment Terms JTL shall submit monthly invoices and compensation may be necessary based on the for services performed and Client shall pay the full actual circumstances encountered by JTL in invoice amount within 45 days of the invoice date. performing their services. Invoices will be considered correct if not questioned in Authorized Representatives The officer assigned to writing within 10 days of the invoice date. JTL may be the Project by JTL is the only authorized entitled to a 2% per month administrative charge in representative to make decisions or commitments on the event of payment delay. Client payment to JTL is behalf of JTL. The Client shall designate a not contingent on arrangement of project financing. representative with similar authority. Invoice payment delayed beyond 60 days shall give JTL the right to stop work until payments are current. Project Requirements The Client shall confirm the Non-payment beyond 70 days shall be just cause for objectives, requirements, constraints, and criteria for termination by JTL. the Project at its inception. If the Client has Additional Services The Client and JTL established design standards, they shall be furnished acknowledge that additional services may be to JTL at Project inception. JTL will review the Client design standards and may recommend alternate necessary for the Project to address issues that may standards considering the standard of care provision. not be known at Project initiation or that may be required to address circumstances that were not Site Access The Client shall obtain all necessary foreseen. Other than an emergency, JTL shall notify approvals for JTL to access the Project site(s). the Client through its designated agent, prior to Period of Service JTL shall perform the services for incurring additional expenses or performing additional the Project in a timely manner consistent with sound work, of the need for additional services or work that professional practice. JTL will strive to perform its JTL reasonably believes may be necessary. The services according to the Project schedule set forth in Client shall then review the nature of the additional Attachment B. The services of each task shall be services, and the payment for such additional considered complete when deliverables for the task services. The parties shall separately agree on the have been presented to and accepted by the Client. need for additional services and payment for such Compensation In consideration of the services additional services. performed by JTL, the Client shall pay JTL in the Independent Consultant JTL shall serve as an manner set forth in Attachment C. The parties independent consultant for services provided under acknowledge that terms of compensation are based this agreement. JTL shall retain control over the on an orderly and continuous progress of the Project. means and methods used in performing their services If delays on the project take place, JTL shall notify the and may retain subconsultants to perform certain Clients designated agent of the nature and cause of services as determined by JTL. the delay and any additional costs this may create Standard of Care Services provided by JTL will be both in the Project cost itself and the compensation performed with the care and skill ordinarily exercised due to JTL. The client shall then review the nature by members of the same profession practicing under and cause of the delay and additional costs, and the similar circumstances. JTL will not be liable for the parties shall separately agree to any extensions of cost of any omission that adds value to the Project. time or additional compensation to JTL. Compliance with Laws JTL shall perform its services Payment Definitions The following definitions shall consistent with sound professional practice and apply to methods of payment: endeavor to incorporate laws, regulations, codes, and • Salary cost is defined as the individuals base salary standards applicable at the time the work is plus customary and statutory benefits. Statutory performed. In the event that standards of practice or benefits shall be as prescribed by law and legal requirements change during the Project, JTL customary benefits shall be as established by JTL shall promptly notify the Client through its designated employment policy. agent of such changes and any additional costs that • Cost plus is defined as the individuals base salary this may create both in the Project cost itself and the plus actual overhead plus professional fees. compensation due to JTL. The Client shall then Overhead shall include customary and statutory review the nature and cause of the changes and benefits, administrative expenses, and non-project additional costs, and the parties shall separately operating costs. agree to any changes in the Project or additional • Lump sum is defined as a fixed price amount for the compensation to JTL. scope of services described. Permits and Approvals JTL will assist the Client in • Standard Rates is defined as individual time preparing applications and supporting documents for the Client to secure permits and approvals from multiplied by standard billing rates for that individual. agencies having jurisdiction over the Project. The Client agrees to pay all application and review fees. S:\projects\16138-New Chapel Sidewalk\Proposal\16138 New Chapel Sidewalk Proposal.doc 5 Project site shall not make JTL responsible for the Assignment Neither party shall assign its rights, work performed by another party, the means, interests or obligations under the Project without the methods, techniques, sequences, or procedures express written consent of the other party. selected by another party, nor the safety precautions Waiver of Rights The failure of either party to or programs of another party. enforce any provision of these terms and conditions Rejection of Work JTL may recommend that the shall not constitute a waiver of such provision nor Client reject work by construction contractors that diminish the right of either party to the remedies of does not conform to the requirements of the Project. such provision. Safety JTL shall be responsible solely for the safety Warranty JTL warrants that they will deliver products precautions or programs of its employees and no under the Project within the standard of care. JTL other party. provides no other expressed or implied warranty. Information from Other Parties The Client and JTL Severability Any provision of these terms later held acknowledge that JTL will rely on information to violate any law shall be deemed void and all furnished by other parties in performing its services remaining provisions shall continue in force. In such under the Project. JTL shall not be liable for any event, the Client and JTL will work in good faith to damages that may be incurred by the Client in the use replace an invalid provision with one that is valid with of third party information. as close to the original meaning as possible. Construction Record Drawings If included in the Survival All provisions of these terms that allocate scope of service, JTL will deliver drawings to the responsibility or liability between the Client and JTL Client incorporating information furnished by shall survive the completion or termination of services construction contractors. In that construction record for the Project. drawings are based on information provided by No Personal Liability The client further agrees that, others, JTL cannot and does not warrant their to the fullest extent permitted by law, no owner, accuracy. shareholder, officer, director, partner, principal or Force Majeure Neither party will hold the other employee of JTL shall have personal liability under responsible for damages or delay caused by acts of this indemnification provision, under any provision of God, acts of war, strikes, accidents, or other events the Agreement, or for any matter in connection with beyond the other's control. the Professional Services provided by JTL in Dispute Resolution The Client and JTL agree that connection with the project. 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. S:\projects\16138-New Chapel Sidewalk\Proposal\16138 New Chapel Sidewalk Proposal.doc 7