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HomeMy WebLinkAboutFALCON CREST FORCE MAIN RELOCATIONS 2018-5 ATTACHMENT B: WORK ORDER FORM WORK ORDER NO. 2018-5 FALCON CREST FORCE MAIN RELOCATION Date: //Zel/6 In accordance with the General Services Agreement between the City of Jeffersonville, Indiana, acting thru its duly appointed Sewer Board (OWNER), and Jacobi, Toombs and Lanz, Inc. (CONSULTANT), dated 04/01/2010, this WORK ORDER is the written authorization to the CONSULTANT to provide the work described herein, in accordance with the attached schedule, and fees Work: The Work shall be as described in Section A of this Work Order. CONSULTANT shall furnish all labor, materials, supplies, equipment, supervision and services necessary for and incident to the performance of the Work. CONSULTANT represents that it has thoroughly reviewed the Work and the General Services Agreement and that it accepts the Work and the conditions under which the Work is to be performed. Schedule: The Schedule shall be set forth in Section B of this Work Order. CONSULTANT represents that the Schedule is reasonable and achievable. Payment Terms: Payments to the CONSULTANT shall be as described in Section C of this Work Order. Terms and Conditions. The terms and conditions of the General Services Agreement referenced above shall apply to this Work Order. This Work Order also incorporates all of the terms and conditions required to be included in it by the General Services Agreement. OWNER: CONSULTANT: Jeffersonville Sewer Bo rd Jacobi, Toombs, and Lanz, Inc. Jeffersonville, Indiana 1829 E. Spring Street 500 Quartermaster Co -rt New Albany, IN 47150 Jeffersonville, Ind'::na 47 30 (812) '45-9585 (812) 285-6400 r .0 . Mayor Mik: Moore, President . ge I 'Lanz, P.E., P -side t ".4%,,By !` 10, f .1 itness /4' 4.) Dale L. Orem, Member J.shua . Hillma P.E., Associate 1A4By ,_. William A. Saegesse 6 E., P.L.S., Member Or By Printed Name Authorized Representative S:\projects\87o8S-Jeffersonville General Sewers\87o8S-2oio\2018-5.doc 1 Terms& Conditions Rev 10/27/05 WORK ORDER NO. 2018-5 SECTION A— DESCRIPTION OF THE WORK Jacobi, Toombs and Lanz, Inc. (JTL) shall provide Professional Engineering services for the project described as follows: Survey and Design for the relocation of the force main from the Falcon Crest Pump Station. A new force main will be constructed to divert flow from the existing Falcon Crest Pump Station into the existing sewer system within the River Ridge Commerce Center. The proposed force main will connect to the existing Falcon Crest Force Main at the railroad tracks crossing Stacy Road approximately 1,200' north of SR-62. The force main will then continue to and cross under SR-62 by bore and jack of a steel casing pipe, then continue alongside an existing 8" sanitary sewer through the River Ridge Commerce Center to its proposed connection point to a larger diameter gravity sewer approximately 2,700' southeast of the intersection of SR-62 and Stacy Road. Evaluation of capacity of the receiving sewers is included with this proposal. Geotechnical exploration is included with this proposal. SECTION B— SCHEDULE Construction plan documents can be completed within 120 days, subject to OWNER review. SECTION C — PAYMENT TERMS Payment to the CONSULTANT for Surveying & Engineering Design Services shall be on an hourly basis not to exceed $50,000.00 If the magnitude of the design work as initially scoped increases, the owner will be notified immediately so that budget adjustments can be considered. The CONSULTANT may submit monthly invoices for payment for work completed to date. S:\projects\87o8S-Jeffersonville General Sewers\87o8S-zoro\2o18-5.doc 2 Terms& Conditions Rev 10/27/05 General Services Agreement Attachment D: Terms & Conditions Services Jacobi, Toombs and Lanz, Inc. (JTL) will • Reimbursable expenses are defined as actual perform services for the Client with these Terms & expenses incurred in connection with the Project. Conditions. JTL has developed the Project scope of Payment Terms JTL shall submit monthly invoices service, schedule, and compensation based on for services performed and Client shall pay the full available information and various assumptions. The invoice amount within 30 days of the invoice date. Client acknowledges that adjustments to the schedule Invoices will be considered correct if not questioned in and compensation may be necessary based on the writing within 10 days of the invoice date.JTL shall be actual circumstances encountered by JTL in entitled to a 2% per month administrative charge in performing their services. the event of payment delay. Client payment to JTL is Authorized Representatives The officer assigned to not contingent on arrangement of project financing. the Project by JTL is the only authorized Invoice payment delayed beyond 60 days shall give representative to make decisions or commitments on JTL the right to stop work until payments are current. behalf of JTL. The Client shall designate a Non-payment beyond 70 days shall be just cause for representative with similar authority. termination by JTL. Project Requirements The Client shall confirm the Additional Services The Client and JTL objectives, requirements, constraints, and criteria for acknowledge that additional services may be the Project at its inception. If the Client has necessary for the Project to address issues that may established design standards, they shall be furnished not be known at Project initiation or that may be to JTL at Project inception. JTL will review the Client required to address circumstances that were not design standards and may recommend alternate foreseen. In that event, JTL shall notify the Client of standards considering the standard of care provision. the need for additional services and the Client shall Site Access The Client shall obtain all necessary pay for such additional services in an amount and approvals for JTL to access the Project site(s). manner as the parties may subsequently agree. Period of Service JTL shall perform the services for Independent Consultant JTL shall serve as an the Project in a timely manner consistent with sound independent consultant for services provided under professional practice. JTL will strive to perform its this agreement. JTL shall retain control over the services according to the Project schedule set forth in means and methods used in performing their services Attachment C. The services of each task shall be and may retain subconsultants to perform certain considered complete when deliverables for the task services as determined by JTL. have been presented to the Client. JTL shall be Standard of Care Services provided by JTL will be entitled to an extension of time and compensation performed with the care and skill ordinarily exercised adjustment for any delay beyond JTL control. by members of the same profession practicing under Compensation In consideration of the services similar circumstances. JTL will not be liable for the performed by JTL, the Client shall pay JTL in the cost of any omission that adds value to the Project. manner set forth in Attachment B. The parties Compliance with Laws JTL shall perform its services acknowledge that terms of compensation are based consistent with sound professional practice and on an orderly and continuous progress of the Project. endeavor to incorporate laws, regulations, codes, and Compensation shall be equitably adjusted for delays standards applicable at the time the work is or extensions of time beyond the control of JTL. performed. In the event that standards of practice Payment Definitions The following definitions shall change during the Project, JTL shall be entitled to apply to methods of payment: additional compensation where additional services • Salary cost is defined as the individuals base are needed to conform to the standard of practice. salary plus customary and statutory benefits. Permits and Approvals JTL will assist the Client in Statutory benefits shall be as prescribed by law preparing applications and supporting documents for and customary benefits shall be as established the Client to secure permits and approvals from by JTL employment policy. agencies having jurisdiction over the Project. The • Cost plus is defined as the individuals base Client agrees to pay all application and review fees. salary plus actual overhead plus professional fee. Ownership of Documents Documents prepared by Overhead shall include customary and statutory JTL for the Project are instruments of service and benefits, administrative expense, and non-project shall remain the property of JTL. Record documents operating costs. of service shall be based on the printed copy. JTL will • Lump sum is defined as a fixed price amount for furnish documents electronically, however the Client the scope of services described. releases JTL from any liability that may result from documents used in this form. JTL shall not be held • Standard Rates is defined as individual time liable for reuse of documents for any purpose other multiplied by standard billing rates for that than those intended under the Project. individual. Insurance JTL will maintain the following insurance • Subcontracted services are defined as Project and coverage limits during the period of service. The related services provided by other parties to JTL Client will be named as an additional insured on the S:\projects\87o8S-Jeffersonville General Sewers\87o8S-2oso\zor8-5.doc 3 Terms&Conditions Rev 10/27/05 Commercial General Liability and Automobile Liability Consequential Damages Neither the Client nor JTL policies. shall be liable to the other for any consequential damages regardless of the nature or fault. Worker's Compensation $500,000 per Accident Environmental Matters The Client warrants they and$500,000 Policy Limit have disclosed all potential hazardous materials that Commercial General $1,000,000 per may be encountered on the Project. In the event unknown hazardous materials are encountered, JTL Liability occurrence(bodily injury shall be entitled to additional compensation for including death& appropriate actions to protect the health and safety of property damage) its personnel, and for additional services required to $2,000,000 aggregate comply with applicable laws. The Client shall Automobile Liability $1,000,000 combined indemnify JTL from any claim related to hazardous materials encountered on the Project except for those single limit for bodily events caused by negligent acts of JTL. injury Cost Opinions JTL shall prepare cost opinions for and property damage the Project based on historical information that Professional Liability $1,000,000 each claim represents the judgment of a qualified professional. and in the aggregate The Client and JTL acknowledge that actual costs may vary from the cost opinions prepared and that The Client shall make arrangements for Builder's JTL offers no guarantee related to the Project cost. Risk, Protective Liability, Pollution Prevention, and Independent Counsel The Client agrees to obtain other specific insurance coverage warranted for the independent legal and financial counsel for the Project in amounts appropriate to the Project value Project considering JTL does not furnish these and risks. JTL shall be a named insured on those services. policies where JTL may be at risk. The Client shall Contingency Fund The Client acknowledges the obtain the counsel of others in setting insurance limits potential for changes in the work during construction for construction contracts. and the Client agrees to include a contingency fund in Waiver of Subrogation JTL shall endeavor to obtain the Project budget appropriate to the potential risks a waiver of subrogation against the Client, if and uncertainties associated with the Project. JTL requested in writing by the Client, provided that JTL may offer advice concerning the value of the will not increase its exposure to risk and Client will contingency fund; however, JTL shall not be liable for pay the cost associated with any premium increase or additional costs that the Client may incur beyond the special fees. contingency fund they select unless such additional Indemnification JTL shall indemnify the Client from cost results from a negligent act, error, or omission any reasonable damages caused solely by the related to services performed by JTL. negligent act, error, or omission of JTL in the Contractor Selection JTL may make performance of services under the Project. If such recommendations concerning award of construction damage results in part by the negligence of another contracts and products. The Client acknowledges party, JTL shall be liable only to the extent of their that the final selection of construction contractors and proportional negligence. products is their sole responsibility. Limitation of Liability In recognition of the relative Shop Drawing Review If included in the scope of risks and benefits of the project to both the Client and service, JTL shall review shop-drawing submittals JTL, the risks have been allocated. The Client agrees from the contractor solely for their conformance with to limit the liability of JTL for all claims related to the the design intent of and performance criteria specified Project at $50,000 or the net income realized by JTL for the Project. JTL shall not be liable for the for the Project,whichever is greater. performance of or consequential damages of any Third Party Claims The Client will compensate JTL equipment furnished by the contractor under the for services performed in defense of any third party Project. claim unless the claim resulted from the negligent act, Construction Review If included in the scope of error or omission of JTL. service, JTL shall observe the progress and content Legal Expense In the event that either party takes of the work to determine if the work is proceeding in legal action against the other that is not prosecuted, is general accordance with the Contract Documents. dismissed, or if the decision is rendered for the other This construction review is intended to observe, party, the party taking legal action agrees to pay the document, and report information concerning the other their attorney fees, court costs, and defense construction process. Observation of work at the expenses within 30 days of the court action. Project site shall not make JTL responsible for the Lien Rights JTL may file a lien against the Client's work performed by another party, the means, property in the event that the Client does not make methods, techniques, sequences, or procedures payment within the time prescribed in this agreement. selected by another party, nor the safety precautions The Client agrees that services by JTL are considered or programs of another party. property improvements and the Client waives the right to any legal defense to the contrary. S:\projects\87o8S-Jeffersonville General Sewers\87o8S-2mo\2o 18-5.doc 4 Terms&Conditions Rev 10/27/05 Rejection of Work JTL may recommend that the Governing Law The terms of agreement shall Client reject work by construction contractors that be governed by the laws of the state where the does not conform to the requirements of the Project. services are performed provided that nothing Safety JTL shall be responsible solely for the safety contained herein shall be interpreted in such a precautions or programs of its employees and no manner as to render it unenforceable under the other party. laws of the state in which the 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 by other parties in performing its services interests or obligations under the Project without under the Project. JTL shall not be liable for any the express written consent of the other party. damages that may be incurred by the Client in the use Waiver of Rights The failure of either party to of third party information. enforce any provision of these terms and Construction Record Drawings If included in the conditions shall not constitute a waiver of such scope of service, JTL will deliver drawings to the provision nor diminish the right of either party to Client incorporating information furnished by the remedies of such provision. construction contractors. In that construction record drawings are based on information provided by Warranty JTL warrants that they will deliver others, JTL cannot and does not warrant their products under the Project within the standard of accuracy. care. JTL provides no other expressed or Force Majeure Neither party will hold the other implied warranty. responsible for damages or delay caused by Acts of Severability Any provision of these terms later God, acts of war, strikes, accidents, or other events held to violate any law shall be deemed void and beyond the other's control. all remaining provisions shall continue in force. Dispute Resolution The Client and JTL agree that In such event, the Client and JTL will work in they shall diligently pursue resolution of all good faith to replace an invalid provision with disagreements within 45 days of either party's written one that is valid with as close to the original notice using a mutually acceptable form of mediated meaning as possible. dispute resolution prior to exercising their rights under law. JTL shall continue to perform services for the Survival All provisions of these terms that Project and the Client shall pay for such services allocate responsibility or liability between the during the dispute resolution process unless the Client and JTL shall survive the completion or Client issues a written notice to suspend work. termination of services for the Project. 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 thirty (30) days written notice with or without cause. 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. S:\projects\87o8S-Jeffersonville General Sewers\87o8S-2olo\2or8-5.doc 5 Terms&Conditions Rev 10/27/05