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HomeMy WebLinkAboutJTL PROFESSIONAL AGREEMENT Job No. 18006 JEFFERSONVILLE ANNUAL PAVING SPECIFICATIONS AND ON-CALL CONSTRUCTION ENGINEERING JEFFERSONVILLE BOARD OF PUBLIC WORKS JEFFERSONVILLE, INDIANA PROFESSIONAL ENGINEERING SERVICES AGREEMENT This is an agreement made as of this \t\''N' day of February, 2018, between the City of Jeffersonville, Indiana, acting through its duly appointed Board of Public Works and Safety (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 D. This Agreement consists of this document together with Attachment A — Project Description and Proposed Engineering Services, Attachment B — Fee Schedule, Attachment C — Hourly Billing Rates, Attachment D — Terms and Conditions, and Attachment E — Provisions Regarding Employment of Unauthorized Aliens. 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 Board of 'blic Works Jacobi,Toombs and Lanz, Inc. Jeffersonville, Indian. Consulting Engineers 500 Quartermaster Co, 1829 E. Sp : treet, Suite 201 Jeffersonville, In.•. a 47 30 1 New Alba.y, In. na 47150 By. By: ./L ' e Moore,Pre 'dent . e I. L. z,P.E.,Pent 1i� Witness: 1�` JL4 I _Witness: IhAd. .....A...=' ,' Les Merkley, City Attor ��i— . .!ey L. Carrico xecutive Assistant Page 1 of 11 S:\projects\18006 Jeffersonville 2018 Annual Paving\Proposal\18006 Professional Engineering Services Agreement.doc Job No. 18006 ATTACHMENT A PROJECT DESCRIPTION AND PROPOSED ENGINEERING SERVICES 1. Project Description The OWNER wishes to advertise for bids for a construction amount of approximately $1,200,000.00 of surface milling and resurfacing of existing pavement,improvements to the associated pedestrian corridor as required by the Americans with Disabilities Act,replacement of traffic signal detection loops,and pavement patching where necessary. 2. Scope of Engineering Services The CONSULTANT shall provide the following: Specifications: A. Provide specifications for the OWNER to advertise for bids. The unit price bid form will be based on quantities per linear feet of similar width streets from previous annual paving projects. B. Coordinate with the OWNER. C. Provide the "Notice to Bidders" to the newspaper to be published twice. D. Publish sets of the Contract Documents and Specifications for bidders. E. Assist the OWNER in bidding the work, analyze Contractor bids received, and make award recommendations. F. The project will be advertised for bid opening in order to begin work in April 2018 contingent on receipt of potential paving locations from the OWNER. On-call Construction Engineering: G. Provide evaluation of street conditions for milling and resurfacing, pedestrian corridor improvements, replacement of traffic signal detection loops, and pavement patching on an on-call basis. H. Coordinate with OWNER. 3. Project Schedule Services for writing the Specifications shall commence upon receipt of a signed contract and notice- to-proceed and shall be completed within twenty-eight (28) calendar days. Construction Engineering Services shall be performed on an on-call basis. Page 2 of 11 Professional Services Agreement S:\projects\18006 Jeffersonville 2018 Annual Paving\Proposal\18006 Professional Engineering Services Agreement.doc Job No. 18006 ATTACHMENT B FEE SCHEDULE The CONSULTANT shall receive as payment for the work performed under this agreement the following fees: 1. Specifications: A lump sum amount of three thousand, five hundred dollars and no cents ($3,500.00). 2. On-call Construction Engineering: Payment shall be on a time and materials basis, based on the current hourly billing rates and for an amount not-to-exceed of forty thousand, dollars and no cents ($40,000.00). The CONSULTANT may submit monthly invoices for payment for work completed to date. *Overtime will be charged at L25 times the standard billing rate. "Serving as an expert witness in legal proceedings will be charged at2 times the standard billing rate. These rates may be adjusted on an annual basis as required by economic factors at the discretion ofJacobi,Toombs and Lanz,Inc. Page 3 of 11 Professional Services Agreement S:\projects\18006 Jeffersonville 2018 Annual Paving\Proposal\18006 Professional Engineering Services Agreement.doc Job No. 18006 ATTACHMENT C JACOBI, TOOMBS AND LANZ, INC. 2018 HOURLY BILLING RATES STANDARD HOURLY BILLING CODE CLASSIFICATION RATE'` PR2 PRINCIPAL- PRESIDENT $180 PR1 PRINCIPAL-VICE PRESIDENT $175 PM3 PROJECT MANAGER III $155 PM2 PROJECT MANAGER II $140 PM1 PROJECT MANAGER I $130 E5 ENGINEER V (PE) $155 E4 ENGINEER IV (PE) $135 E3 ENGINEER III (PE) $125 E2 ENGINEER II (PE) $115 El ENGINEER I (PE) $110 DE DESIGN ENGINEER $105 LA LANDSCAPE ARCHITECT $90 ET4 ENGINEERING TECH IV (EIT) $82 ET3 ENGINEERING TECH III (EIT) $77 ET2 ENGINEERING TECH II $67 ET1 ENGINEERING TECH I $62 GM GIS MANAGER $134 GT2 GIS TECHNICIAN II $77.50 GT1 GIS TECHNICIAN I $72.50 CT3 CAD TECH III (DESIGNER) $77.50 CT2 CAD TECH II $72.50 CT1 CAD TECH I $67 SM SURVEY MANAGER $145 LS2 LAND SURVEYOR II (LS) $103 LS1 LAND SURVEYOR I (LS) $82 SC SURVEY CHIEF $77 ST2 SURVEY TECHNICIAN II $72.50 ST1 SURVEY TECHNICIAN I $62 FC2 2-MAN SURVEY CREW $150 FC3 3-MAN SURVEY CREW $210 RCM RESIDENT CONSTRUCTION MANAGER $98 RP RESIDENT CONSTRUCTION REPRESENTATIVE $82 RI RESIDENT INSPECTOR $77.50 CA CONSTRUCTION/PROJECT ADMINISTRATOR $82 ADM ADMINISTRATIVE ASSISTANT $103 CL CLERICAL $62 LAS LAND ACQUISITION SPECIALIST $82 PRIII PLAN REVIEWER III $93 PRII PLAN REVIEWER II (ICC CERTIFIED) $82 PRI PLAN REVIEW I $82 Page 4 of 11 Professional Services Agreement S:\projects\18006)effersonville 2018-\ nual Paving\Proposal\18006 Professional Engineering Services Agreementdoc Job No. 18006 GPS GPS $50 RTS ROBOTIC TOTAL STATION EQUIPMENT $50 EXP MILEAGE: PER MILE $0.38 ' Overtime will be charged at 1.25 times the standard billing 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. Page 5 of 11 Professional Services Agreement S:\projects\18006 Jeffersonville 2018 Annual Paving\Proposal\18006 Professional Engineering Services Agreement.doc Job No. 18006 Attachment D 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 multiplied service, schedule, and compensation based on available by standard billing rates for that individual. information and various assumptions. The Client acknowledges that adjustments to the schedule and • Subcontracted services are defined as Project-related compensation may be necessary based on the actual 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 Client shall designate a representative with similar be considered correct if not questioned in writing within authority. 10 days of the invoice date. JTL may be entitled to a 2% Project Requirements The Client shall confirm the per month administrative charge in the event of payment objectives, requirements, constraints, and criteria for the delay. Client payment to JTL is not contingent on Project at its inception. If the Client has established arrangement of project financing. Invoice payment design standards, they shall be furnished to JTL at delayed beyond 60 days shall give JTL the right to stop Project inception. JTL will review the Client design work until payments are current. Non-payment beyond standards and may recommend alternate standards 70 days shall be just cause for termination by JTL. considering the standard of care provision. Additional Services The Client and JTL acknowledge Site Access The Client shall obtain all necessary that additional services may be necessary for the Project approvals for JTL to access the Project site(s). to address issues that may not be known at Project Period of Service JTL shall perform the services for the initiation or that may be required to address Project in a timely manner consistent with sound circumstances that were not foreseen. Other than an professional practice. JTL will strive to perform its emergency, JTL shall notify the Client through its services according to the Project schedule set forth in designated agent, prior to incurring additional expenses Attachment B. The services of each task shall be or performing additional work, of the need for additional considered complete when deliverables for the task have services or work that JTL reasonably believes may be been presented to and accepted by the Client. necessary. The Client shall then review the nature of the additional services, and the payment for such additional Compensation In consideration of the services services. The parties shall separately agree on the need performed by JTL, the Client shall pay JTL in the manner for additional services and payment for such additional set forth in Attachment C. The parties acknowledge that services. terms of compensation are based on an orderly and Independent Consultant JTL shall serve as an continuous progress of the Project. If delays on the independent consultant for services provided under this project take place,JTL shall notify the Client's designated agreement. JTL shall retain control over the means and agent of the nature and cause of the delay and any methods used in performing their services and may retain additional costs this may create both in the Project cost subconsultants to perform certain services as determined itself and the compensation due to JTL. The client shall by JTL. then review the nature and cause of the delay and additional costs, and the parties shall separately agree to Standard of Care Services provided by JTL will be any extensions of time or additional compensation to performed with the care and skill ordinarily exercised by JTL. members of the same profession practicing under similar Payment Definitions The following definitions shall circumstances. JTL will not be liable for the cost of any apply to methods of payment: omission that adds value to the Project. Compliance with Laws JTL shall perform its services • Salary cost is defined as the individuals base salary consistent with sound professional practice and endeavor plus customary and statutory benefits. Statutory to incorporate laws, regulations, codes, and standards benefits shall be as prescribed by law and customary applicable at the time the work is performed. In the event benefits shall be as established by JTL employment that standards of practice or legal requirements change policy. during the Project, JTL shall promptly notify the Client • Cost plus is defined as the individuals base salary plus through its designated agent of such changes and any actual overhead plus professional fees. Overhead shall additional costs that this may create both in the Project include customary and statutory benefits, cost itself and the compensation due to JTL. The Client administrative expenses, and non-project operating shall then review the nature and cause of the changes costs. and additional costs, and the parties shall separately agree to any changes in the Project or additional Page 6 of 11 Professional Services Agreement S:\projects\18006 Jeffersonville 2018 Annual Paving\Proposal\18006 Professional Engineering Services Agreement.doc Job No. 18006 compensation to JTL. expenses. Permits and Approvals JTL will assist the Client in Lien Rights JTL may file a lien against the Client's preparing applications and supporting documents for the property in the event that the Client does not make Client to secure permits and approvals from agencies payment within the time prescribed in this agreement. having jurisdiction over the Project. The Client agrees to The Client agrees that services by JTL are considered pay all application and review fees. property improvements and the Client waives the right to Ownership of Documents Documents prepared by JTL any legal defense to the contrary. for the Project are instruments of service and shall Consequential Damages Neither the Client nor JTL remain the property of JTL. Record documents of service shall be liable to the other for any consequential shall be based on the printed copy. JTL will furnish damages regardless of the nature or fault. documents electronically, however, the Client releases Environmental Matters The Client warrants they have JTL from any liability that may result from documents disclosed all potentially hazardous materials that may be used in this form. JTL shall not be held liable for reuse of encountered on the Project. In the event unknown documents for any purpose other than those intended hazardous materials are encountered, JTL shall be under the Project. entitled to additional compensation for appropriate Insurance JTL will maintain the following insurance and actions to protect the health and safety of its personnel, coverage limits during the period of service. The Client and for additional services required to comply with will be named as an additional insured on the applicable laws. JTL and the Client acknowledge that Commercial General Liability and Automobile Liability unforeseen environmental matters may arise during the policies. course of the Project. The Client shall notify JTL of any Worker's Compensation $500,000 per Accident arRQtential environmental matters of which the Client may $500,000 Policy Limit be aware, and JTL shall immediately notify the Client Commercial General $1,000,000 per occurrencerough its designated agent of any environmental Liability (bodily injury including death matters of which JTL becomes aware. The parties shall &property damage) mutually agree to a course of action, which shall include termination of the Project. In the case of an emergency, $2,000,000 aggregate JTL will take appropriate action and immediately contact Automobile Liability $1,000,000 combined single the Client's designated agent. In the event of an limit for bodily injury aritInergency, JTL will be compensated for actual costs and property damage for its services based on the billing rates established in Professional Liability $1,000,000 each claim and the agreement. in the aggregate Cost Opinions JTL shall prepare cost opinions for the The Client shall make arrangements for Builder's Risk, Project based on historical information that represents the judgment of a qualified Protective Liability, Pollution Prevention, and other professional. The Client and specific insurance coverage warranted for the Project in JTL acknowledge that actual costs may vary from the amounts appropriate to the Project value and risks. JTL cost opinions prepared and that JTL offers no guarantee shall be a named insured on those policies where JTL related to the Project cost. may be at risk. The Client shall obtain the counsel of Independent Counsel The Client agrees to obtain others in setting insurance limits for construction independent legal and financial counsel for the Project contracts. considering JTL does not furnish these services. Waiver of Subrogation JTL shall endeavor to obtain a Contingency Fund The Client acknowledges the waiver of subrogation against the Client, if requested in potential for changes in the work during construction and writing by the Client, provided that JTL will not increase the Client agrees to include a contingency fund in the its exposure to risk and the Client will pay the cost Project budget appropriate to the potential risks and associated with any premium increase or special fees. uncertainties associated with the Project. JTL may offer Indemnification JTL shall indemnify the Client from any advice concerning the value of the contingency fund; reasonable damages caused solely by the negligent act, however, JTL shall not be liable for additional costs that error, or omission of JTL in the performance of services the Client may incur beyond the contingency fund they under the Project. If such damage results in part by the select unless such additional cost results from a negligence of another party, JTL shall be liable only to negligent act, error, or omission related to services the extent of their proportional negligence. performed by JTL. Third Party Claims The Client will compensate JTL for Contractor Selection JTL may make recommendations concerning award of construction contracts and products. services performed in defense of any third party claim unless the claim resulted from the negligent act, error or The Client acknowledges that the final selection of omission of JTL. construction contractors and products is their sole responsibility. Legal Expense In the event legal action becomes Shop Drawing Review If included in the scope of necessary to enforce the provisions of this agreement, service, JTL shall review shop drawing submittals from the prevailing party shall be entitled to recover the costs the contractor solely for their conformance with the of legal action against the opposing party, including, but design intent of and performance criteria specified for the not limited to, court costs, attorney fees, and related legal Page 7 of 11 Professional Services Agreement S:\projects\18006 Jeffersonville 2018 Annual Paving\Proposal\18006 Professional Engineering Services Agreement.doc Job No. 18006 Project. JTL shall not be liable for the performance of or thirty (30) days from the effective work suspension date, consequential damages of any equipment furnished by JTL shall be entitled to renegotiate the Project schedule the contractor under the Project. and the compensation terms for the Project. Construction Review If included in the scope of service, Termination The Client or JTL may terminate services JTL shall observe the progress and content of the work to on the Project upon seven (7) days written notice in the determine if the work is proceeding in general event of substantial failure by the other party to fulfill its accordance with the Contract Documents. This obligations of the terms hereunder. JTL shall submit an construction review is intended to observe, document, invoice for services performed up to the effective date of and report information concerning the construction termination and the Client shall pay JTL all outstanding process. Observation of work at the Project site shall not invoices within fourteen (14) days. The Client may make JTL responsible for the work performed by another withhold an amount for services that may be in dispute party, the means, methods, techniques, sequences, or provided that the Client furnishes a written notice of the procedures selected by another party, nor the safety basis for their dispute and that the amount withheld precautions or programs of another party. represents a reasonable value. Rejection of Work JTL may recommend that the Client Governing Law The terms of agreement shall be reject work by construction contractors that does not governed by the laws of the state where the services are conform to the requirements of the Project. performed provided that nothing contained herein shall Safety JTL shall be responsible solely for the safety be interpreted in such a manner as to render it precautions or programs of its employees and no other unenforceable under the laws of the state in which the party. Project resides. Information from Other Parties The Client and JTL Assignment Neither party shall assign its rights, acknowledge that JTL will rely on information furnished interests or obligations under the Project without the by other parties in performing its services under the express written consent of the other party. Project. JTL shall not be liable for any damages that may Waiver of Rights The failure of either party to enforce be incurred by the Client in the use of third party any provision of these terms and conditions shall not information. constitute a waiver of such provision nor diminish the Construction Record Drawings If included in the scope right of either party to the remedies of such provision. of service, JTL will deliver drawings to the Client Warranty JTL warrants that they will deliver products incorporating information furnished by construction under the Project within the standard of care. JTL contractors. In that construction record drawings are provides no other expressed or implied warranty. based on information provided by others, JTL cannot and Severability Any provision of these terms later held to does not warrant their accuracy. violate any law shall be deemed void and all remaining Force Majeure Neither party will hold the other provisions shall continue in force. In such event, the responsible for damages or delay caused by acts of God, Client and JTL will work in good faith to replace an invalid acts of war, strikes, accidents, or other events beyond provision with one that is valid with as close to the the other's control. original meaning as possible. Dispute Resolution The Client and JTL agree that they Survival All provisions of these terms that allocate shall diligently pursue resolution of all disagreements responsibility or liability between the Client and JTL shall within 45 days of either party's written notice using a survive the completion or termination of services for the mutually acceptable form of mediated dispute resolution Project. prior to exercising their rights under law. JTL shall No Personal Liability The client further agrees that, to continue to perform services for the Project and the the fullest extent permitted by law, no owner, Client shall pay for such services during the dispute shareholder, officer, director, partner, principal or resolution process unless the Client issues a written employee of JTL shall have personal liability under this notice to suspend work. indemnification provision, under any provision of the Suspension of Work The Client may suspend services Agreement, or for any matter in connection with the performed by JTL with cause upon fourteen (14) days Professional Services provided by JTL in connection with written notice. JTL shall submit an invoice for services the project. 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 Page 8 of 11 Professional Services Agreement S:\projects\18006 Jeffersonville 2018 Annual Paving\Proposal\18006 Professional Engineenng Services Agreement.doc Job No. 18006 ATTACHMENT E PROVISION 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 City 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. NONDISCRIMINATION POLICIES Contractor acknowledges that the City is an equal opportunity employer and that no person shall on the grounds of race, color, national origin, sex, sexual orientation, gender identity, age, disability, religion, income status, or Limited English Proficiency be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the City of Jeffersonville. During the performance of this contract, the contractor, for itself, its assignees and successors in interest(hereinafter referred to as the "contractor")agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter "FHWA") Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap and low income in the selection and retention of subcontractors, including Page 9 of 11 Professional Services Agreement S:\projects\18006 Jeffersonville 2018 Annual Paving\Proposal\18006 Professional Engineenng Services Agreement.doc Job No. 18006 procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap and low income. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Indiana Department of Transportation (INDOT) or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to INDOT or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, INDOT shall impose such contract sanctions as it or the FHWA may determine to be appropriate,including,but not limited to: (a.) withholding of payments to the contractor under the contract until the contractor complies, and/or (b.) cancellation,termination or suspension of the contract,in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment,unless exempt by the Regulations,or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as INDOT or the FHWA may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Indiana Department of Transportation to enter into such litigation to protect the interests of the Indiana Department of Transportation and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 10 of 11 Professional Services Agreement S:\projects\18006 Jeffersonville 2018 Annual Paving\Proposal\18006 Professional Engineering Services Agreement.doc Job No. 18006 sI SI IV D PRINTED 1\AME .. TITLE Page 11 of 11 Professional Services Agreement S:\projects\18006 Jeffersonville 2018 Annual Paving\Proposal\18006 Professional Engineering Services Agreement.doc