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HomeMy WebLinkAboutMarch 16, 2017 Veterans Parkway Lift Station and Force Main Upgrades Job No. 17006 VETERANS PARKWAY LIFT STATION AND FORCE MAIN UPGRADES JEFFERSONVILLE SEWER BOARD JEFFERSONVILLE,INDIANA PROFESSIONAL ENGINEERING SERVICES AGREEMENT 77)1 This is an Agreement made as of this & day of +kKGIE 2017, between the Jeffersonville Sewer Board (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 C. This Agreement consists of this document together with Attachment A - Project Description and Proposed Engineering Services, Attachment B — Fee Schedule, Attachment C —Terms and Conditions, Attachment D— Provisions Regarding Employment of Unauthorized Aliens, Attachment E — Proposal for Traffic Engineering Services, and Attachment F-Proposal for Geotechnical Engineering Investigation. 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. Jeffersonville Sewer Board Jacobi,Toombs and Lanz,Inc. 500 Quartermaster Co rt Consultin n"neers Jeffersonville, IN 4713 1829 E. ring S r?et New AI any, In lana 47150 By: ,By: Mayor ike Moore, Pres dent J ge I. Lan , P.E., Pres ent I Attest: ti Witness: l� J sh N. Hil an, P.E., Associate Page 1 of 7 Job No. 17006 Attachment A: Project Description and Proposed Engineering Services 1. Project Description The project consists of survey and engineering design for the Veterans Parkway P.S. and Force Main Upgrades. As a part of this design,JTL will work with the City and private developers in the Veterans Parkway sewershed to evaluate existing and future pump station capacity needs, identify design solutions to assist the City with addressing capacity needs, and perform surveying and engineering design of the sanitary sewer force main for conveyance of flow. The project anticipates that a third pump, along with control panel updates and valve vault piping, will be necessary to provide the desired pumping capacity. The project scope also includes design of a flow meter with pit near the pumping station. The force main route will be designed to continue on from the current discharge point north of Veterans Parkway and include trenchless design methods for construction under Veterans Parkway. It will then continue along the existing creek/ditch between the proposed Town Center Development and existing Railroad, continuing on past Southeast Christian Church and Charlestown-New Albany Road to a discharge point south of the existing railroad. Approximately 5,400 linear feet of force main is anticipated with this project. The preliminary cost opinion for this project has been estimated at approximately $ 1.5 million, which includes construction, construction contingencies, and non-construction costs. 2. Scope of Engineering Services The CONSULTANT shall provide the following: I. Engineering and Design A. Project Management and Coordination with the OWNER, Sub-consultants, and property owners. B. Topographic Survey of the proposed force main alignment. C. Engineering design for the proposed force main and pump station upgrades. D. Utility, Railroad and easement/right-of-way coordination. E. Permitting. Local and Regulatory as required. F. Bidding Assistance.Assist the OWNER in bidding the work,analyze Contractor bids received, and make award recommendations. II. Electrical and Instrumentation Control The CONSULTANT shall employ the services of an Electrical and Instrumentation Controls firm for upgrades to the control panel. The cost of this Subconsultant is included in this proposal. Page 2 of 7 Job No. 17006 III. Geotechnical Engineering Investigation The CONSULTANT shall employ the services of a Geotechnical Engineering firm to perform the necessary subsurface investigations to ascertain what components are required to confirm the ability to incorporate trenchless construction methods and to identify proximity to rock for force main installation. The Geotechnical Engineering Investigation Subconsultant is included in this proposal. 3. Project Schedule Services shall commence upon receipt of an executed Agreement with an anticipated completion within 150 calendar days of the executed Agreement. Professional Services Agreement Attachment B: Fee Schedule The CONSULTANT shall receive as payment for the work performed under this Agreement the following lump sum fees: The total compensation for all of the above services shall be One Hundred Forty Two Thousand and Five Hundred Dollars ($142,500.00). The CONSULTANT may submit monthly invoices for payment for work completed to date. Page 3 of 7 Job No. 17006 Professional Services Agreement Attachment C-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 . Subcontracted services are defined as Project- and compensation may be necessary based on the actual circumstances encountered by JTL in related services provided by other parties to JTL. performing their services. a 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 representative Payment Terms JTL shall submit monthly invoices to make decisions or commitments on behalf of JTL. for services performed and Client shall pay the full The Client shall designate a representative with invoice amount within 45 days of the invoice date. 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 professional practice. JTL will strive to not be known at Project initiation or that may be p p perform its required to address circumstances that were not services according to the Project schedule set forth in Attachment B. The services of each task shall be foreseen. Other than an emergency, JTL shall notify the Client through its designated agent, prior to considered complete when deliverables for the task incurring additional expenses or performing additional have been presented to and accepted by the Client. 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 services. acknowledge that terms of compensation are based The parties shall separately agree on the need for on an orderly and continuous progress of the Project. additional services and payment for such additional If delays on the project take place, JTL shall notify the 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 Page 4 of 7 Job No. 17006 this may create both in the Project cost itself and the error or omission of JTL. compensation due to JTL. The Client shall then Legal Expense In the event legal action becomes review the nature and cause of the changes and necessary to enforce the provisions of this agreement, additional costs, and the parties shall separately the prevailing party shall be entitled to recover the agree to any changes in the Project or additional costs of legal action against the opposing party, compensation to JTL. including, but not limited to, court costs, attorney Permits and Approvals JTL will assist the Client in fees,and related legal expenses. preparing applications and supporting documents for Lien Rights JTL may file a lien against the Client's the Client to secure permits and approvals from property in the event that the Client does not make agencies having jurisdiction over the Project. The payment within the time prescribed in this agreement. Client agrees to pay all application and review fees. The Client agrees that services by JTL are considered Ownership of Documents Documents prepared by property improvements and the Client waives the right JTL for the Project are instruments of service and to any legal defense to the contrary. shall remain the property of JTL. Record documents Consequential Damages Neither the Client nor JTL of service shall be based on the printed copy. JTL will shall be liable to the other for any consequential furnish documents electronically, however, the Client damages regardless of the nature or fault. releases JTL from any liability that may result from Environmental Matters The Client warrants they documents used in this form. JTL shall not be held have disclosed all potentially hazardous materials that liable for reuse of documents for any purpose other may be encountered on the Project. In the event than those intended under the Project. unknown hazardous materials are encountered, JTL Insurance JTL will maintain the following insurance shall be entitled to additional compensation for and coverage limits during the period of service. The appropriate actions to protect the health and safety of Client will be named as an additional insured on the its personnel, and for additional services required to Commercial General Liability and Automobile Liability comply with applicable laws. JTL and the Client policies. acknowledge that unforeseen environmental matters Worker's Compensation $500,000 per Accident and may arise during the course of the Project. The Client $500,000 Policy Limit shall notify JTL of any potential environmental matters Commercial General $1,000,000 per occurrence of which the Client may be aware, and JTL shall Liability (bodily injury including death immediately notify the Client through its designated &property damage) agent of any environmental matters of which JTL $2,000,000 aggregate becomes aware. The parties shall mutually agree to a course of action,which shall include termination of the Automobile Liabilitv $1,000,000 combined single Project. In the case of an emergency, JTL will take limit for bodily injury and appropriate action and immediately contact the Client's property damage designated agent. In the event of an emergency, JTL Professional Liabilitv $1,000,000 each claim and will be compensated for actual costs and for its in the aggregate services based on the billing rates established in the The Client shall make arrangements for Builder's Risk, agreement. Protective Liability, Pollution Prevention, and other Cost Opinions JTL shall prepare cost opinions for specific insurance coverage warranted for the Project the Project based on historical information that in amounts appropriate to the Project value and risks. represents the judgment of a qualified professional. JTL shall be a named insured on those policies The Client and JTL acknowledge that actual costs where JTL may be at risk. The Client shall obtain the may vary from the cost opinions prepared and that counsel of others in setting insurance limits for JTL offers no guarantee related to the Project cost. construction contracts. Independent Counsel The Client agrees to obtain Waiver of Subrogation JTL shall endeavor to obtain independent legal and financial counsel for the a waiver of subrogation against the Client, if requested Project considering JTL does not furnish these in writing by the Client, provided that JTL will not services. increase its exposure to risk and the Client will pay the Contingency Fund The Client acknowledges the cost associated with any premium increase or special potential for changes in the work during construction fees. and the Client agrees to include a contingency fund in Indemnification JTL shall indemnify the Client from the Project budget appropriate to the potential risks any reasonable damages caused solely by the and uncertainties associated with the Project. JTL may negligent act, error, or omission of JTL in the offer advice concerning the value of the contingency performance of services under the Project. If such fund; however, JTL shall not be liable for additional damage results in part by the negligence of another costs that the Client may incur beyond the party, JTL shall be liable only to the extent of their contingency fund they select unless such additional proportional negligence. cost results from a negligent act, error, or omission Third Party Claims The Client will compensate JTL related to services performed by JTL. for services performed in defense of any third party Contractor Selection JTL may make claim unless the claim resulted from the negligent act, recommendations concerning award of construction contracts and products. The Client acknowledges Page 5 of 7 Job No. 17006 that the final selection of construction contractors and to renegotiate the Project schedule and the products is their sole responsibility. compensation terms for the Project. Shop Drawing Review If included in the scope of Termination The Client or JTL may terminate services service,JTL shall review shop drawing submittals from on the Project upon seven (7) days written notice in the contractor solely for their conformance with the the event of substantial failure by the other party to design intent of and performance criteria specified for fulfill its obligations of the terms hereunder. JTL shall the Project. JTL shall not be liable for the submit an invoice for services performed up to the performance of or consequential damages of any effective date of termination and the Client shall pay equipment furnished by the contractor under the JTL all outstanding invoices within fourteen (14) days. Project. The Client may withhold an amount for services that Construction Review If included in the scope of may be in dispute provided that the Client furnishes service, JTL shall observe the progress and content a written notice of the basis for their dispute and that of the work to determine if the work is proceeding in the amount withheld represents a reasonable value. general accordance with the Contract Documents. This Governing Law The terms of agreement shall be construction review is intended to observe, document, governed by the laws of the state where the services and report information concerning the construction are performed provided that nothing contained herein process. Observation of work at the Project site shall shall be interpreted in such a manner as to render it not make JTL responsible for the work performed by unenforceable under the laws of the state in which the another party, the means, methods, techniques, Project resides. sequences, or procedures selected by another party, Assignment Neither party shall assign its rights, nor the safety precautions or programs of another interests or obligations under the Project without the party express written consent of the other party. Rejection of Work JTL may recommend that the Waiver of Rights The failure of either party to Client reject work by construction contractors that enforce any provision of these terms and conditions does not conform to the requirements of the Project. shall not constitute a waiver of such provision nor Safety JTL shall be responsible solely for the safety diminish the right of either party to the remedies of precautions or programs of its employees and no other such provision. Party Warranty JTL warrants that they will deliver products Information from Other Parties The Client and JTL under the Project within the standard of care. JTL acknowledge that JTL will rely on information provides no other expressed or implied warranty. furnished by other parties in performing its services Severability Any provision of these terms later held under the Project. JTL shall not be liable for any to violate any law shall be deemed void and all damages that may be incurred by the Client in the use remaining provisions shall continue in force. In such of third party information. event, the Client and JTL will work in good faith to Construction Record Drawings If included in the replace an invalid provision with one that is valid with scope of service,JTL will deliver drawings to the Client as close to the original meaning as possible. incorporating information furnished by construction Survival All provisions of these terms that allocate contractors. In that construction record drawings are responsibility or liability between the Client and JTL based on information provided by others, JTL cannot shall survive the completion or termination of services and does not warrant their accuracy. for the Project. 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 Page 6 of 7 Job No. 17006 ATTACHMENT D PROVISIONS REGARDING EMPLOYMENT OF UNAUTHORIZED ALIENS As required by IC 22-5-1.7,the Contractor affirms under the penalties of perjury that: A. Itdoes 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 Town 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 Town. 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. SIGNED PRINTED NAME TITLE Page 7 of 7