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HomeMy WebLinkAboutPLANK ROAD SIDEWALK PLANK ROAD SIDEWALK Agreement for Professional Engineering Services Surveying, Design & Construction Administration Jeffersonville, Indiana This is an agreement made as of this V) day of ��t_ 2018, 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. 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 Jeffersonville Jacobi, Toombs, and Lanz, Inc. Board of Public Works 1829 E. Spring St. 500 Quartermaster C rt New Alba • IN 47150 Jeffersonville, Inca 7130 (812)'945-95:. (812) 285-64Q0 ,' By e By /%/A Jr. L. z, P.E., President Witness —• Witness j1 • 111 S:\projects\18084-Plank Road Sidewalk\Proposal\r8o84 Plank Road Sidewalk Proposal.doc 1 PLANK ROAD SIDEWALK Attachment A: Scope of Engineering Services Scope of Engineering Services The Consultant shall provide the following services: Surveying: 1. Topographic and Legal surveys as needed. 2. Preparation of easement plats and descriptions, fee simple documents. Prior to design, it is anticipated that up to 5 easement plats and descriptions may be necessary. II. Engineering Design, Studies, Reports: 1. Design, preparation of plans, specifications, contract documents and assist the Owner in bidding the work, analyze Contractor bids received, award recommendation. 2. Preparation of Engineering Estimates. 3. Prepare necessary regulatory agency permit applications. If mitigation measures are necessary to achieve regulatory compliance, this will be under separate contract. 4. Assist the Owner in obtaining appraisals for the sidewalk easements and negotiating acquisition with property owners. III. Construction Administration: 1. Assist the City on an on-call basis with issues that may arise during construction. 2. Review shop drawings submitted by the Contractor. 3. Report to the Owner on a monthly basis. 4. Preparation and negotiation of change orders. S:\projects\18084-Plank Road Sidewalk\Proposal\i8o84 Plank Road Sidewalk Proposal.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, Engineering Design, and On-Call Construction Administration for the Plank Road Sidewalk Project. The purpose of this project is to provide a safe pedestrian walking route along Plank Road from 10th Street to Main Street. SECTION B — SCHEDULE All survey and design work shall be completed within 150 calendar days, unless modified in writing by the OWNER and the CONSULTANT. The estimated final deliverable date is December 2018. The construction period for this project is estimated to have a 120 calendar day completion schedule. SECTION C — PAYMENT TERMS Payment to the CONSULTANT for Surveying and Engineering & Design Services shall be on a lump sum basis, with monthly payments to be based upon percentage complete, for a fixed, not to exceed sum of $70,000.00. Appraisal work, if required, will be approved by the Owner in the form of an amendment to this contract or under separate contract. Payment to the CONSULTANT for Construction Administration Services shall be on a time and materials basis, based on the hourly billing rates shown in Attachment C of the General Services Agreement and incorporated herein for reference, for a fixed, not to exceed sum of$15,000.00. The CONSULTANT may submit monthly invoices for payment for work completed to date. S:\projects\r8o84-Plank Road Sidewalk\Proposal\t8o84 Plank Road Sidewalk Proposal.doc 3 ATTACHMENT C JACOBI, TOOMBS AND LANZ, INC. 2018 HOURLY BILLING RATES STANDARD HOURLY BILLING CODE CLASSIFICATION RATE* PR2 PRINCIPAL- PRESIDENT $180 PRI 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 (Err) $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 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. S:\projects\r8o84-Plank Road Sidewalk\Proposal\1So84 Plank Road Sidewalk Proposal.doc 4 PLANK ROAD 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 • Reimbursable expenses are defined as actual service, schedule, and compensation based on expenses incurred in connection with the Project. available information and various assumptions. The Payment Terms JTL shall submit monthly invoices Client acknowledges that adjustments to the schedule for services performed and Client shall pay the full and compensation may be necessary based on the invoice amount within 45 days of the invoice date. actual circumstances encountered by JTL in Invoices will be considered correct if not questioned in performing their services. writing within 10 days of the invoice date. JTL may be Authorized Representatives The officer assigned to entitled to a 2% per month administrative charge in the Project by JTL is the only authorized the event of payment delay. Client payment to JTL is representative to make decisions or commitments on not contingent on arrangement of project financing. behalf of JTL. The Client shall designate a Invoice payment delayed beyond 60 days shall give representative with similar authority. 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 necessary for the Project to address issues that may design standards and may recommend alternate not be known at Project initiation or that may be standards considering the standard of care provision. 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 Client's 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 compensation to JTL. • Lump sum is defined as a fixed price amount for the scope of services described. Permits and Approvals JTL will assist the Client in preparing applications and supporting documents for • Standard Rates is defined as individual time the Client to secure permits and approvals from multiplied by standard billing rates for that agencies having jurisdiction over the Project. The individual. Client agrees to pay all application and review fees. S:\projects\r8o84-Plank Road Sidewalk\Proposal\r8o84 Plank Road Sidewalk Proposal.doc 5 Ownership of Documents Documents prepared by Consequential Damages Neither the Client nor JTL JTL for the Project are instruments of service and shall be liable to the other for any consequential shall remain the property of JTL. Record documents damages regardless of the nature or fault. of service shall be based on the printed copy. JTL will Environmental Matters The Client warrants they furnish documents electronically, however, the Client have disclosed all potentially hazardous materials that releases JTL from any liability that may result from may be encountered on the Project. In the event documents used in this form. JTL shall not be held unknown hazardous materials are encountered, JTL liable for reuse of documents for any purpose other shall be entitled to additional compensation for than those intended under the Project. appropriate actions to protect the health and safety of Insurance JTL will maintain the following insurance its personnel, and for additional services required to and coverage limits during the period of service. The comply with applicable laws. JTL and the Client Client will be named as an additional insured on the acknowledge that unforeseen environmental matters Commercial General Liability and Automobile Liability may arise during the course of the Project. The Client policies. shall notify JTL of any potential environmental matters Worker's Compensation $500,000 per Accident and of which the Client may be aware, and JTL shall $500,000 Policy Limit immediately notify the Client through its designated Commercial General $1,000,000 per occurrence agent of any environmental matters of which JTL Liability (bodily injury including death becomes aware. The parties shall mutually agree to a &property damage) course of action, which shall include termination of the Project. In the case of an emergency, JTL will take $2,000,000 aggregate appropriate action and immediately contact the Automobile Liability $1,000,000 combined single Client's designated agent. In the event of an limit for bodily injury and emergency, JTL will be compensated for actual costs property damage and for its services based on the billing rates Professional Liability $1,000,000 each claim and established in the agreement. in the aggregate Cost Opinions JTL shall prepare cost opinions for The Client shall make arrangements for Builder's the Project based on historical information that Risk, Protective Liability, Pollution Prevention, and represents the judgment of a qualified professional. The Client and JTL acknowledge that actual costs other specific insurance coverage warranted for the Project in amounts appropriate to the Project value may vary from the cost opinions prepared and that and risks. JTL shall be a named insured on those JTL offers no guarantee related to the Project cost. policies where JTL may be at risk. The Client shall Independent Counsel The Client agrees to obtain obtain the counsel of others in setting insurance limits independent legal and financial counsel for the for construction contracts. Project considering JTL does not furnish these Waiver of Subrogation JTL shall endeavor to obtain services. a waiver of subrogation against the Client, if Contingency Fund The Client acknowledges the requested in writing by the Client, provided that JTL potential for changes in the work during construction will not increase its exposure to risk and the Client will and the Client agrees to include a contingency fund in pay the cost associated with any premium increase or the Project budget appropriate to the potential risks special fees. and uncertainties associated with the Project. JTL Indemnification JTL shall indemnify the Client from may offer advice concerning the value of the any reasonable damages caused by the contingency fund; however, JTL shall not be liable for negligent or omission solely in the additional costs that the Client may incur beyond the performance act,of error,,ces under the Project.fJTL If suchtcontingency fund they select unless such additional damage results in part by the negligence of another cost results from a negligent act, error, or omission party, JTL shall be liable only to the extent of their related to services performed by JTL. proportional negligence. Contractor Selection JTL may make Third Party Claims The Client will compensate JTL recommendations concerning award of construction for services performed in defense of any third party contracts and products. The Client acknowledges claim unless the claim resulted from the negligent act, p of the finalstheirsesole soocoss ility.on contractors and error or omission of JTL. products is 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 service, JTL shall review shop drawing submittals agreement,cssarythe prevailingceparty shall ben entitledtofrom the contractor solely for their conformance with recover the costs of legal action against the opposing the thedesign intent of and performanceot liable specifiedor party, including, but not limited to, court costs, for Project. JTL shall not be liable for the attorney fees, and related legal expenses. performance of or consequential damages of any equipment furnished by the contractor under the Lien Rights JTL may file a lien against the Client's Project. property in the event that the Client does not make Construction Review If included in the scope of payment within the time prescribed in this agreement. service, JTL shall observe the progress and content The Client agrees that services by JTL are considered of the work to determine if the work is proceeding in property improvements and the Client waives the right general accordance with the Contract Documents. to any legal defense to the contrary. This construction review is intended to observe, document, and report information concerning the construction process. Observation of work at the S:\projects\18084-Plank Road Sidewalk\Proposal\18084 Plank Road Sidewalk Proposal.doc 6 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\18084-Plank Road Sidewalk\Proposal\18084 Plank Road Sidewalk Proposal.doc 7