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HomeMy WebLinkAboutJTL PHASE 2 AND HOLMANS LANE VETERAN'S PARKWAY, PHASE 2 AND HOLMANS LANE RECONSTRUCTION JEFFERSONVILLE REDEVELOPMENT COMMISSION JEFFERSONVILLE, INDIANA PROFESSIONAL ENGINEERING SERVICES AGREEMENT SUPPLEMENTAL AGREEMENT NO. 4 This is an agreement made as of this 291h day of June, 2016, between the City of Jeffersonville, Indiana, acting thru its duly appointed Redevelopment Commission (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 Redevelopment Commission Jacobi,Toombs and Lanz, Inc. Jeffersonville, Indiana Consultinneers 500 Quartermaster Court 1829 E. Sp g Strt, Suite 201 Jeffersonville, Indiana 47130 New Alban Indian 47150 By: By: Ir Monty g, Pres t J r . Lfz, P.E., Pre en Witnes Witness: Les Merkley,Attorney ney L. Carrico strative Assistant S:\,pr jects\96o5r-Veterans Parkway Phase z\Documents`jupplemental Agreement No.4.Aoc Page 1 of 9 ATTACHMENT `A' PROJECT DESCRIPTION The overall project consists of the reconstruction of Veteran's Parkway from approximately 450 feet northeast of Woehrle Road to Holmans Lane, a distance of approximately 3,750 feet, and the reconstruction of Holmans Lane from Veterans Parkway to approximately 450 feet northwest of East 10th Street, a distance of approximately 5,300 feet. This results in a total project length of 9,050 feet. The project includes pavement widening,installation of storm sewers,curb and gutter,sidewalks,bike lanes, curb ramps, street lighting,modernization of the existing traffic signal at Veterans Parkway and Holmans Lane, installation of a new traffic signal at Holmans Lane and Peach Blossom Drive, utility coordination and relocation. The entire project is to be constructed using local funds. The updated project schedule is as follows: Finalize Design and Construction Plans by - October 2016 Finalize Right-of-Way Engineering and Acquisition by - May 2017 Finalize utility relocations by - February 2018 Finalize Construction by- November 2018 The total estimated project cost, including engineering, right-of-way acquisition, construction, contingency, and inspection is $8,200,000. Design of this project commenced in 2007 with the intention of utilizing federal-aid funds to construct the project. The original Agreement was supplemented in September 2007 (Supplemental Agreement No.1),in July 2008 (Supplemental Agreement No.2),and in July 2013 (Supplemental Agreement No.3) to account for and include project changes. This Supplemental Agreement No.4 is an adjustment to account for the construction of the entire project being funded with local funds only, allowing for an earlier construction schedule since the requirements of the federal-aid funds are eliminated. 5:\frojects\9603F-Veteran5 Parkway Phase 2\Document5\,5upplementalAareement No.4.doc Page 2 of 9 ATTACHMENT `B' ENGINEERING DESIGN SERVICES CONSULTANT will provide the following services: 1. Project Management and Coordination. 2. Update Topographic survey of the street corridor as required. 3. Finalize all required street 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 and Rule 5 Erosion Control Permit. 5. Traffic Signal Design. 6. Coordinate the work with all existing utilities. 7. Lighting Design and Plans. 8. Provide Right-of-Way Engineering and Acquisition Services. 9. 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 one hundred and eighty (180) calendar days of execution of this agreement. Right-of-Way Acquisition will begin around Decenber, 2016. Utility relocation is tentatively scheduled to begin in May, 2017. Construction observation is slated to begin in the spring of 2018. 5:\p j«ts\96oF-Veteran5F.rkwagFka-2\Do.-m-its\SuFFIcmcntalAgr�mentNo. Joc Page 3 of 9 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: The total additional lump sum fee for the Planning and Design revisions and additions of the components of the Phase 2 project shall be $147,200. The additional fee is based on the following: Items to be deleted in the existing agreement,including all supplemental agreements,due to using 100% local funds for right-of-way acquisition, construction and inspection for the project are: A. Design Hearing Preparation and Attendance: $ 3,640 B. Abbreviated Engineer's Assessment: $ 4,000 C. Update Environmental Study: $ 11,960 D. Resubmittals to INDOT: $ 5,000 E. Geotechnical Investigation: 5,500 TOTAL DEDUCT = $ 30,100 Additional items required to re-design the project and provide documents for opening bids in March 2018 are: A. Verify and Update Design Survey: $ 5,000 B. Re-design, Plans and Contract Documents: $122,300 C. Public Information Meeting: $ 5,000 D. Utility Coordination: $ 25,000 E. Permits: $ 15,000 F. Bidding Assistance: 5,000 TOTAL ADD ON = $177,300 The CONSULTANT may submit monthly invoices for payment for work completed to date. 5:\pr jects\,y6o3F-Veterans Parkway Phase 2\Documents\Supplemental Agreement No.+Joc Page 4 of 9 II. RIGHT-OF-WAY ENGINEERING AND ACQUISITION SERVICES A separate Right-of-Way Engineering Agreement for 77 parcels was executed on June 8, 2011. This Agreement will be supplemented to include the Right-of-Way Acquisition Services for all of the parcels. III. 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:\,p,jects\,96o3F-Veterans Parkway Phase 2\,Documents\,5upplemental Agmement No.4.doc Page 5 of 9 Attachment D Terms and Conditions Services Jacobi, Toombs and Lanz, Inc. (JTL) will Cost plus is defined as the individuals base salary perform services for the Client with these Terms and plus actual overhead plus professional fees. Overhead Conditions. JTL has developed the Project scope of shall include customary and statutory benefits, service, schedule, and compensation based on available administrative expenses, and non-project operating information and various assumptions. The Client costs. acknowledges that adjustments to the schedule and Lump sum is defined as a fixed price amount for compensation may be necessary based on the actual the scope of services described. circumstances encountered by JTL in performing their services. • Standard Rates is defined as individual time Authorized Representatives The officer assigned to the multiplied by standard billing rates for that individual. Project by JTL is the only authorized representative to • Subcontracted services are defined as Project- make decisions or commitments on behalf of JTL. The related services provided by other parties to JTL. Client shall designate a representative with similar • Reimbursable expenses are defined as actual authority. expenses incurred in connection with the Project. Project Requirements The Client shall confirm the Payment Terms JTL shall submit monthly invoices for objectives, requirements, constraints, and criteria for the services performed and Client shall pay the full invoice Project at its inception. If the Client has established design amount within 45 days of the invoice date. Invoices will be standards, they shall be furnished to JTL at Project considered correct if not questioned in writing within 10 inception. JTL will review the Client design standards and days of the invoice date. JTL may be entitled to a 2% per may recommend alternate standards considering the month administrative charge in the event of payment delay. standard of care provision. Client payment to JTL is not contingent on arrangement of Site Access The Client shall obtain all necessary project financing. Invoice payment delayed beyond 60 approvals for JTL to access the Project site(s). days shall give JTL the right to stop work until payments Period of Service JTL shall perform the services for the are current. Non-payment beyond 70 days shall be just Project in a timely manner consistent with sound cause for termination by JTL. professional practice. JTL will strive to perform its services Additional Services The Client and JTL acknowledge that according to the Project schedule set forth in Attachment B. additional services may be necessary for the Project to The services of each task shall be considered complete address issues that may not be known at Project initiation when deliverables for the task have been presented to and or that may be required to address circumstances that accepted by the Client. were not foreseen. Other than an emergency, JTL shall Compensation In consideration of the services performed notify the Client through its designated agent, prior to by JTL, the Client shall pay JTL in the manner set forth in Incurring additional expenses or performing additional Attachment C. The parties acknowledge that terms of work, of the need for additional services or work that JTL compensation are based on an orderly and continuous reasonably believes may be necessary. The Client shall progress of the Project. If delays on the project take place, then review the nature of the additional services, and the JTL shall notify the Client's designated agent of the nature Payment for such additional services. The parties shall and cause of the delay and any additional costs this may separately agree on the need for additional services and create both in the Project cost itself and the compensation Payment for such additional services. due to JTL. The client shall then review the nature and Independent Consultant JTL shall serve as an cause of the delay and additional costs, and the parties independent consultant for services provided under this shall separately agree to any extensions of time or agreement. JTL shall retain control over the means and additional compensation to JTL. methods used in performing their services and may retain Payment Definitions The following definitions shall apply subconsultants to perform certain services as determined to methods of payment: by JTL. Salary cost is defined as the individuals base Standard of Care Services provided by JTL will be • salary plus customary and statutory benefits. Statutory performed with the care and skill ordinarily exercised by benefits shall be as prescribed by law and customary members of the same profession practicing under similar benefits shall be as established by JTL employment circumstances. JTL will not be liable for the cost of any policy. omission that adds value to the Project. 5:\,orojects\,96o3F-Veterans Parkway Phase 2\Dmuments\,5upp1e ntal Agro ment No.4.Joc Page 6 of 9 Job No. 16043 Compliance with Laws JTL shall perform its services Legal Expense In the event legal action becomes consistent with sound professional practice and endeavor necessary to enforce the provisions of this agreement,the to incorporate laws, regulations, codes, and standards prevailing party shall be entitled to recover the costs of applicable at the time the work is performed. In the event legal action against the opposing party, including, but not that standards of practice or legal requirements change limited to, court costs, attorney fees, and related legal during the Project, JTL shall promptly notify the Client expenses. through its designated agent of such changes and any Lien Rights JTL may file a lien against the Client's additional costs that this may create both in the Project property in the event that the Client does not make cost itself and the compensation due to JTL. The Client payment within the time prescribed in this agreement. The shall then review the nature and cause of the changes and Client agrees that services by JTL are considered property additional costs, and the parties shall separately agree to improvements and the Client waives the right to any legal any changes in the Project or additional compensation to defense to the 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 hazardous materials are encountered,JTL shall be entitled for the Project are instruments of service and shall remain to additional compensation for appropriate actions to the 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 Compensation $500,000 per Accident arFdoject. In the case of an emergency, JTL will take $500,000 Policy Limit appropriate action and immediately contact the Client's Commercial General $1,000,000 per occurrence(bodIsignated agent. In the event of an emergency, JTL will Liability injury including death a compensated for actual costs and for its services based & property damage) on the billing rates established in the agreement. $2,000,000 aggregate Cost Opinions JTL shall prepare cost opinions for the Project based on historical information that represents the Automobile Liabilitv $1,000,000 combined single judgment of a qualified professional. The Client and JTL limit for bodily injury and proper knowledge that actual costs may vary from the cost 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, waiver of subrogation against the Client, if requested in JTL shall not be liable for additional costs that the Client writing by the Client, provided that JTL will not increase its may incur beyond the contingency fund they select unless exposure to risk and the Client will pay the cost associated such 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 Page 7 of 9 Professional Services Agreement S:\projects\9603F-Veterans Parkway Phase 2\Documents\Supplemental Agreement No.4.doc Job No. 16043 consequential damages of any equipment furnished by the Termination The Client or JTL may terminate services on contractor under the Project. the Project upon seven(7)days written notice in the event Construction Review If included in the scope of service, of substantial failure by the other party to fulfill its JTL shall observe the progress and content of the work to obligations of the terms hereunder. JTL shall submit an determine if the work is proceeding in general accordance invoice for services performed up to the effective date of with the Contract Documents. This construction review is termination and the Client shall pay JTL all outstanding intended to observe, document, and report information invoices within fourteen(14)days.The Client may withhold concerning the construction process. Observation of work an amount for services that may be in dispute provided that at the Project site shall not make JTL responsible for the the Client furnishes a written notice of the basis for their work performed by another party, the means, methods, dispute and that the amount withheld represents a techniques,sequences,or procedures selected by another reasonable value. party, nor the safety precautions or programs of another Governing Law The terms of agreement shall be governed party. by the laws of the state where the services are performed Rejection of Work JTL may recommend that the Client provided that nothing contained herein shall be interpreted reject work by construction contractors that does not in such a manner as to render it unenforceable under the conform to the requirements of the Project. laws of the state in which the Project resides. Safety JTL shall be responsible solely for the safety Assignment Neither party shall assign its rights, interests precautions or programs of its employees and no other or obligations under the Project without the express written party. consent of the other party. Information from Other Parties The Client and JTL Waiver of Rights The failure of either party to enforce any acknowledge that JTL will rely on information furnished by provision of these terms and conditions shall not constitute other parties in performing its services under the Project. a waiver of such provision nor diminish the right of either JTL shall not be liable for any damages that may be party to the remedies of such provision. incurred by the Client in the use of third party information. Warranty JTL warrants that they will deliver products under Construction Record Drawings If included in the scope of the Project within the standard of care. JTL provides no service,JTL will deliver drawings to the Client incorporating other expressed or implied warranty. information furnished by construction contractors. In that Severability Any provision of these terms later held to construction record drawings are based on information violate any law shall be deemed void and all remaining provided by others, JTL cannot and does not warrant their provisions shall continue in force. In such event,the Client accuracy. and JTL will work in good faith to replace an invalid Force Majeure Neither party will hold the other responsible provision with one that is valid with as close to the original for damages or delay caused by acts of God, acts of war, meaning as possible. strikes, accidents, or other events beyond the other's Survival All provisions of these terms that allocate control. responsibility or liability between the Client and JTL shall Dispute Resolution The Client and JTL agree that they survive the completion or termination of services for the shall diligently pursue resolution of all disagreements within Project. 45 days of either party's written notice using a mutually No Personal Liability The client further agrees that,to the acceptable form of mediated dispute resolution prior to fullest extent permitted by law, no owner, shareholder, exercising their rights under law. JTL shall continue to officer,director, partner,principal or employee of JTL shall perform services for the Project and the Client shall pay for have personal liability under this indemnification provision, such services during the dispute resolution process unless under any provision of the Agreement,or for any matter in the Client issues a written notice to suspend work. connection with the Professional Services provided by JTL Suspension of Work The Client may suspend services in connection with the project. 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. Page 8of9 Professional Services Agreement S:\projects\9603F-Veterans Parkway Phase 2\Documents\Supplemental Agreement No.4.doc Job No. 16043 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. 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 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 inv strnent activities in Iran as defined in Indiana Code 5-22-16.5 as enacted and amended. SIGNE PRINTED-NA9M plz?sME I I TITLE Page 9of9 Professional Services Agreement S:\projects\9603F-Veterans Pazku ay Phue 2\Documents\Supplemental Agreement No.4.doc