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HomeMy WebLinkAbout8TH STREET SERE SEPERATION WALNUT TO CHERRY DRIVE 8`h STREET SEWER SEPARATION PROJECT WALNUT STREET TO CHERRY DRIVE JEFFERSONVILLE SEWER BOARD JEFFERSONVILLE, INDIANA PROFESSIONAL ENGINEERING SERVICES AGREEMENT This is an agreement made as of this 17'h day of August, 2017, between the City of Jeffersonville, acting thru its duly appointed Sewer Board (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 Sewer Board Jacobi,Toombs and Lanz, Inc. Jeffersonville,Indiana Consulting E gi ers 500 Quartermaster Court 1829 E. Sprin Stree Suite 201 Jeffersonville,Indiana 47130 , New Albany,I liana 47150 By: V� (�9-� Mike Mo re,President e I. L z,P .,P ident Witness: Witness: J hua . Hillma P.E.,Associate 16-atb 5tm«t Comb ncd 5cw«5<pa atfo,\FmposaNTL A�gmem<nt.doc Page 1of8 ATTACHMENT `A' PROJECT DESCRIPTION The overall project consists of the partial separation of combined sewers in Jeffersonville,Indiana along the 8th Street corridor between Walnut Street and Cherry Drive,and includes design and installation of new storm and sanitary sewers. The project will allow for removal of storm water from the combined sewer system by directing stormwater runoff into new storm sewers while the local collector sanitary sewers will be replaced due to failing infrastructure. The total estimated project cost of the work is $5,000,000. 5:\projects\I 7116-st6 Street Com6ined 5ewer5eparat1on\proposa1\JTL A'gre —t.d— Page2of8 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 pavement 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 Rule 5 Erosion Control. 5. Coordinate the work with all existing utilities. 6. Provide and manage Geotechnical Investigation. 7. 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 two hundred and ten(210) calendar days of execution of this agreement. Construction observation is slated to begin in late spring 2018. `5-\F juts\7116-at6 5t—t C-6i—d 5--S. P—tio.\F-posa�\JTL Agme—t.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,PER Support and Coordination with the OWNER $25,000 2. Topographic Survey of the Street Corridor $95,000 3. Sanitary Sewer and Drainage Design, Construction Plans and $185,000 Specifications, Contract Documents 4. Erosion Control Plans and Permit $10,000 5. Geotechnical Investigation (by Sub-consultant $27,500 TOTAL $342,500 The total compensation for all of the above services shall be three hundred forty two thousand five hundred dollars ($342,500.00). 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. 5:\Pj«t,\17116-at65tr«tCombncd5cwcr5�pa-ti..\F—p- 1\JTLAs- m<-8- Page 4 of 8 Attachment D Terms and Conditions Services Jacobi, Toombs and Lanz, Inc. (JTL) will . Lump sum is defined as a fixed price amount for perform services for the Client with these Terms and the 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 available multiplied by standard billing rates for that individual. information and various assumptions. The Client Subcontracted services are defined as Project- acknowledges that adjustments to the schedule and • compensation may be necessary based on the actual related services provided by other parties to JTL. circumstances encountered by JTL in performing their • Reimbursable expenses are defined as actual services. expenses incurred in connection with the Project. Authorized Representatives The officer assigned to the Payment Terms JTL shall submit monthly invoices for Project by JTL is the only authorized representative to services performed and Client shall pay the full invoice make decisions or commitments on behalf of JTL. The amount within 45 days of the invoice date. Invoices will be Client shall designate a representative with similar authority. considered correct if not questioned in writing within 10 Project Requirements The Client shall confirm the days of the invoice date. JTL may be entitled to a 2%per objectives, requirements, constraints, and criteria for the month administrative charge in the event of payment delay. Project at its inception. If the Client has established design Client payment to JTL is not contingent on arrangement of standards, they shall be furnished to JTL at Project Project financing. Invoice payment delayed beyond 60 days inception. JTL will review the Client design standards and shall give JTL the right to stop work until payments are may recommend alternate standards considering the current. Non-payment beyond 70 days shall be just cause standard of care provision. for termination by JTL. Site Access The Client shall obtain all necessary approvals Additional Services The Client and JTL acknowledge that for JTL to access the Project site(s). additional services may be necessary for the Project to Period of Service JTL shall perform the services for the address issues that may not be known at Project initiation Project in a timely manner consistent with sound or that may be required to address circumstances that were professional practice. JTL will strive to perform its services not foreseen.Other than an emergency,JTL shall notify the according to the Project schedule set forth in Attachment B. Client through its designated agent, prior to incurring The services of each task shall be considered complete additional expenses or performing additional work, of the when deliverables for the task have been presented to and need for additional services or work that JTL reasonably accepted by the Client. believes may be necessary.The Client shall then review the nature of the additional services,and the payment for such Compensation In consideration of the services performed additional services. The parties shall separately agree on by JTL, the Client shall pay JTL in the manner set forth in the need for additional services and payment for such Attachment C. The parties acknowledge that terms of additional services. compensation are based on an orderly and continuous Independent Consultant JTL shall serve as an progress of the Project. If delays on the project take place, independent consultant for services provided under this JTL shall notify the Client's designated agent of the nature agreement. JTL shall retain control over the means and and cause of the delay and any additional costs this may methods used in performing their services and may retain create both in the Project cost itself and the compensation subconsultants to perform certain services as determined due to JTL. The client shall then review the nature and by JTL. cause of the delay and additional costs, and the parties shall separately agree to any extensions of time or Standard of Care Services provided by JTL will be additional compensation to JTL. performed with the care and skill ordinarily exercised by Payment Definitions The following definitions shall apply members of the same profession practicing under similar to methods of payment: circumstances. JTL will not be liable for the cost of any omission that adds value to the Project. • Salary cost is defined as the individuals base Compliance with Laws JTL shall perform its services salary plus customary and statutory benefits. Statutory consistent with sound professional practice and endeavor to benefits shall be as prescribed by law and customary incorporate laws, regulations, codes, and standards benefits shall be as established by JTL employment applicable at the time the work is performed. In the event policy. that standards of practice or legal requirements change • Cost plus is defined as the individuals base salary during the Project, JTL shall promptly notify the Client plus actual overhead plus professional fees. Overhead through its designated agent of such changes and any shall include customary and statutory benefits, additional costs that this may create both in the Project cost administrative expenses, and non-project operating itself and the compensation due to JTL. The Client shall costs. 5\p-i«ts\17115-8t65t­tCom6­d5< r5<P1­ \P—po ;\JTL wr«m<�t.do Page 5 of 8 then review the nature and cause of the changes and that services by JTL are considered property improvements additional costs, and the parties shall separately agree to and the Client waives the right to any legal defense to the any changes in the Project or additional compensation to contrary. JTL. Consequential Damages Neither the Client nor JTL shall Permits and Approvals JTL will assist the Client in be liable to the other for any consequential damages preparing applications and supporting documents for the regardless of the nature or fault. Client to secure permits and approvals from agencies Environmental Matters The Client warrants they have having jurisdiction over the Project. The Client agrees to disclosed all potentially hazardous materials that may be pay all application and review fees. encountered on the Project. In the event unknown Ownership of Documents Documents prepared by JTL for hazardous materials are encountered,JTL shall be entitled the Project are instruments of service and shall remain the to additional compensation for appropriate actions to property of JTL. Record documents of service shall be protect the health and safety of its personnel, and for based on the printed copy. JTL will furnish documents additional services required to comply with applicable laws. electronically, however, the Client releases JTL from any JTL and the Client acknowledge that unforeseen liability that may result from documents used in this form. environmental matters may arise during the course of the JTL shall not be held liable for reuse of documents for any Project. The Client shall notify JTL of any potential purpose other than those intended under the Project. environmental matters of which the Client may be aware, Insurance JTL will maintain the following insurance and and JTL shall immediately notify the Client through its coverage limits during the period of service.The Client will designated agent of any environmental matters of which be named as an additional insured on the Commercial JTL becomes aware.The parties shall mutually agree to a General Liability and Automobile Liability policies. course of action, which shall include termination of the Worker's $500,000 per Accident and Project. In the case of an emergency, JTL will take Compensation $500,000 Policy Limit appropriate action and immediately contact the Client's Commercial General $1,000,000 per occurrence designated agent.In the event of an emergency,JTL will be (bodily injury including death compensated for actual costs and for its services based on Liability p j ry g the billing rates established in the agreement. &property damage) Cost Opinions JTL shall prepare cost opinions for the $2,000,000 aggregate Project based on historical information that represents the Automobile Liability $1,000,000 combined single judgment of a qualified professional. The Client and JTL limit for bodily injury and acknowledge that actual costs may vary from the cost property damage 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,JTL waiver of subrogation against the Client, if requested in shall not be liable for additional costs that the Client may writing by the Client, provided that JTL will not increase its Incur beyond the contingency fund they select unless such exposure to risk and the Client will pay the cost associated 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 consequential damages of any equipment furnished by the Legal Expense In the event legal action becomes contractor under the Project. necessary to enforce the provisions of this agreement,the Construction Review If included in the scope of service, prevailing party shall be entitled to recover the costs of legal JTL shall observe the progress and content of the work to action against the opposing party,including, but not limited determine if the work is proceeding in general accordance to, court costs, attorney fees, and related legal expenses. with the Contract Documents. This construction review is Lien Rights JTL may file a lien against the Client's property intended to observe, document, and report information in the event that the Client does not make payment within concerning the construction process. Observation of work the time prescribed in this agreement. The Client agrees 5:\p-j«tsv7 1 16-st65t—tC-6,-d5—r5cp—tion\Fmposa1vTLAg«<ment.doc Page 6 of 8 at the Project site shall not make JTL responsible for the the Project upon seven(7)days written notice in the event work performed by another party, the means, methods, of substantial failure by the other party to fulfill its techniques,sequences,or procedures selected by another obligations of the terms hereunder. JTL shall submit an party, nor the safety precautions or programs of another invoice for services performed up to the effective date of party. termination and the Client shall pay JTL all outstanding Rejection of Work JTL may recommend that the Client invoices within fourteen(14)days.The Client may withhold reject work by construction contractors that does not an amount for services that may be in dispute provided that conform to the requirements of the Project. the Client furnishes a written notice of the basis for their Safety JTL shall be responsible solely for the safety dispute and that the amount withheld represents a precautions or programs of its employees and no other reasonable value. party. Governing Law The terms of agreement shall be governed Information from Other Parties The Client and JTL by the laws of the state where the services are performed acknowledge that JTL will rely on information furnished by provided that nothing contained herein shall be interpreted other parties in performing its services under the Project. in such a manner as to render it unenforceable under the JTL shall not be liable for any damages that may be laws of the state in which the Project resides. incurred by the Client in the use of third party information. Assignment Neither party shall assign its rights, interests Construction Record Drawings If included in the scope of or obligations under the Project without the express written service,JTL will deliver drawings to the Client incorporating consent of the other party. information furnished by construction contractors. In that Waiver of Rights The failure of either party to enforce any construction record drawings are based on information provision of these terms and conditions shall not constitute provided by others, JTL cannot and does not warrant their a waiver of such provision nor diminish the right of either accuracy. party to the remedies of such provision. Force Majeure Neither party will hold the other responsible Warranty JTL warrants that they will deliver products under for damages or delay caused by acts of God, acts of war, the Project within the standard of care. JTL provides no strikes, accidents, or other events beyond the other's other expressed or implied warranty. control. Severability Any provision of these terms later held to Dispute Resolution The Client and JTL agree that they violate any law shall be deemed void and all remaining shall diligently pursue resolution of all disagreements within provisions shall continue in force. In such event,the Client 45 days of either party's written notice using a mutually and JTL will work in good faith to replace an invalid acceptable form of mediated dispute resolution prior to provision with one that is valid with as close to the original exercising their rights under law. JTL shall continue to meaning as possible. perform services for the Project and the Client shall pay for Survival All provisions of these terms that allocate such services during the dispute resolution process unless responsibility or liability between the Client and JTL shall the Client issues a written notice to suspend work. survive the completion or termination of services for the Suspension of Work The Client may suspend services Project. performed by JTL with cause upon fourteen (14) days No Personal Liability The client further agrees that,to the written notice. JTL shall submit an invoice for services fullest extent permitted by law, no owner, shareholder, performed up to the effective date of the work suspension officer,director, partner, principal or employee of JTL shall and the Client shall pay JTL all outstanding invoices within have personal liability under this indemnification provision, fourteen (14) days. If the work suspension exceeds thirty under any provision of the Agreement, or for any matter in (30) days from the effective work suspension date, JTL connection with the Professional Services provided by JTL shall be entitled to renegotiate the Project schedule and the in connection with the project. compensation terms for the Project. Termination The Client or JTL may terminate services on S:�p,jcas\t 71 16-Stk Sty«t Comb—d S�w� Serpa at o� p oposalvTL�greemenGdoc Page 7 of 8 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 O w n e r 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. SIGNED PRINTED NAME TITLE j:\projecta\l 7116-Btk 5t—t Combined 5---5-p--ti--F-p--.l JTL Agrcement.doc Page 8 of 8