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HomeMy WebLinkAboutRD GATWAY DRAINAGE IMPROVEMENT Job No. 18156 JEFFERSONVILLE GATEWAY DRAINAGE IMPROVEMENTS PROJECT JEFFERSONVILLE REDEVELOPMENT COMMISSION JEFFERSONVILLE, INDIANA PROFESSIONAL ENGINEERING SERVICES AGREEMENT This is an agreement made as of this 19th day of December, 2018, between the City of Jeffersonville, Indiana, acting through its duly appointed Redevelopment Commission (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 Redevelopment Commission Jacobi,Toombs and Lanz,Inc. Jeffersonville,Indiana Consulting Engineers 500 Quartermaster Court 1829 E. Si ' Street,Suite 201 Jeffersonville,Indiana 47130 New Alb.. 'ana 47150 AI" 4111.11111k R. '• .nty e g,Pr : dent Jr- I.L! P.E.,Presi ori • `+, A Witness: `� Les Merkley,An.. Josh .Hillman, .E.,P.L.S.,Associate Page 1 of 9 S'\protects\18156-8di&Ohm lnresngation;Proposal\18156 Professional Engincenng Serriacs Sgreemem.doc Job No. 18156 ATTACHMENT A PROJECT DESCRIPTION AND PROPOSED ENGINEERING SERVICES 1. PROJECT DESCRIPTION The Project consists of the design of drainage, road and park improvements for the Jeffersonville Gateway. The purpose of the project is to improve stormwater drainage in and around the 8th Street and Ohio Avenue area by installation of large diameter underground detention to offset regional flooding. As a part of the project, roadway and infrastructure improvements will be done in and around the project as required, such as road reconstruction, sidewalk installation,park-like amenities, utility relocation,lighting and landscaping to finalize the project area.: A. Design and evaluation of the proposed underground detentions system. B. Coordination of detention design with adjacent City projects,such as the CSO Interceptor Project and the 8th Street Storm Sewer Project. Including a schematic of flow diagram for coordination with modeling efforts. C. Dewatering lift station design for the underground detention system,if required. D. Design of adjacent storm sewer system to route through the detention system as well as outlet pipe system. E. Roadway infrastructure improvement design along Ohio Avenue. Including adjacent utilities and sidewalks. F. Park layout and landscaping design with minimal amenities and improvements. G. Preparation of separate demolition/clearing of right-of-way contract documents (if desired by the Owner). H. Evaluation of earthwork quantity estimates for coordination with adjacent projects. The estimated construction cost of the detention structure is about $2 million, the pump station, if required, is about $0.5 million, and the park $0.5 to $1.0 million, dependent on the desired level of detail. Road improvements,a cul-de-sac on 9d'&Ohio, and storm water modifications are estimated at$0.5 to$1.0 million. 2. SCOPE OF ENGINEERING SERVICES The CONSULTANT shall provide the OWNER with the following services: I. Surveying,Engineering and Design: A. Project Management, Coordination with the OWNER, Developers, and Support Consultants B. Topographic survey of the project area C. Design, Construction Plans and Specifications,Contract Documents D. Erosion Control Plans and Rule 5 Permit application, and Indiana Department of Environmental Management(IDEM) permit applications (if necessary). E. Bidding Assistance i. Provide specifications for the OWNER to advertise for bids ii. Coordinate with the OWNER Page 2 of 9 Professional Services Agreement \proiecrs 1815e•8d,&Ohio in esngauon\Proposal,18156 Professional Eno neenng Services.lgreemenedoc Job No. 18156 iii. Provide the"Notice to Bidders" to the newspaper to be published twice iv. Publish sets of the Contract Documents and Specifications for bidders v. Assist the OWNER in bidding the work, analyze Contractor bids received, and make award recommendations F. Utility coordination G. Geotechnical investigation (By Sub-consultant) H. Landscaping Design,Lighting Design and Plans Since it has been determined that no additional right-of-way will be required for the Project, Right-of-Way Engineering, Right-of-Way Acquisition, Property Acquisition, and Environmental Services are not included in this Agreement. II. Construction Engineering and Inspection Services: The CONSULTANT shall provide Constructions Engineering and Inspections Services to ascertain that the work is constructed in accordance with the contract documents. 3. PROJECT SCHEDULE Services shall commence upon execution of this Agreement and shall be completed within 180 calendar days. Page 3 of 9 Professional Services Agreement S\proi,cts\t 8156.%th&Ohio Invesogation\Pmposai\18156 Profen onnl Gngmeenng Services.\greemencdoc Job No. 18156 ATTACHMENT B FEE SCHEDULE The CONSULTANT shall receive as payment for the work performed under this agreement a lump sum amount based on the following fees: I. PRELIMINARY ENGINEERING AND DESIGN: SECTION SERVICES FEE Stormwater Improvement Design (Underground detention& A. piping) $140,000 B. Underground Detention Dewatering Pump Station $60,000 C. Park&Landscaping Design $45,000 D. Road&Infrastructure Improvement Design $45,000 E. Bidding Assistance $5,000 TOTAL $295,000 The total compensation for all of the above services shall be two hundred ninety five thousand dollars ($295,000.00). The CONSULTANT may submit monthly invoices for payment for work completed to date. II. CONSTRUCTION ENGINEERING AND INSPECTION A Supplemental Agreement shall be submitted to cover Construction Engineering and Inspection fees once the Preliminary Engineering phase has been completed and the construction phase is out for bids. Page 4 of 9 Professional Services Agreement Sr\prolectsi181.56-8th&(thio Investigation\Proposal\18156 Profes;,onal F gmeenng Seroces Agseemcncdoc Job No. 18156 ATTACHMENT C JACOBI, TOOMBS AND LANZ, INC. 2018 HOURLY BILLING RATES STANDARD HOURLY CODE CLASSIFICATION BILLING 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 L52 LAND SURVEYOR Il (LS) $103 151 LAND SURVEYOR I (LS) $82 SC SURVEY CHIEF $77 ST2 SURVEY TECHNICIAN II $77.50 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/he standard billing rate. "Serving as an expert witness in legal proceedings will be charged at 2 times the standard billing rare. 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 9 Professional Services Agreement S\proleas\1Rlb6•Rb&Ohio Imestspuoro,Proposs1\18156 Profcsuonil Iinpnccnng Sere¢cs_weemencdoc Job No. 18156 Attachment D Terms and Conditions Services Jacobi, Toombs and Lanz, Inc. (JTL) will • Standard Rates is defined as individual time multiplied perform services for the Client with these Terms and by standard billing rates for that individual. Conditions. JTL has developed the Project scope of • Subcontracted services are defined as Project-related service, schedule, and compensation based on available services provided by other parties to JTL. information and various assumptions. The Client acknowledges that adjustments to the schedule and ' Reimbursable expenses are defined as actual compensation may be necessary based on the actual expenses incurred in connection with the Project. circumstances encountered by JTL in performing their Payment Terms JTL shall submit monthly invoices for services. services performed and Client shall pay the full invoice amount within 45 days of the invoice date. Invoices will Authorized Representatives The officer assigned to the Project by JTL is the only authorized representative to be considered correct if not questioned in writing within make decisions or commitments on behalf of JTL. The 10 days of the invoice date. JTL may be entitled to a 2% Client shall designate a representative with similar per month administrative charge in the event of payment authority. delay. Client payment to JTL is not contingent on Project Requirements The Client shall confirm the arrangement of project financing. Invoice payment objectives, requirements, constraints, and criteria for the workdelayed beyond payments0 days shalluregive JTL the right to and Project at its inception. If the Client has established 70 days unsl e jusare current. Non-paymentonbyJTbeyond design standards, they shall be furnished to JTL at 70 shall be just cause for termination by JTL. Project inception. JTL will review the Client design Additional Services The Client and JTL acknowledge standards and may recommend alternate standards that additional services may be necessary for the Project considering the standard of care provision. to address issues that may not be known at Project Site Access The Client shall obtainn all necessary initiation or that may be required to address approvals for JTL to access the Project all circumstances that were not foreseen. Other than an emergency, JTL shall notify the Client through its Period of Service JTL shall perform the services for the designated agent, prior to incurring additional expenses Project in a timely manner consistent with sound or performing additional work, of the need for additional professional practice. JTL will strive to perform its services or work that JTL reasonably believes may be services according to the Project schedule set forth in necessary. The Client shall then review the nature of the Attachment B. The services of each task shall be additional services. and the payment for such additional considered complete when deliverables for the task have services. The parties shall separately agree on the need been presented to and accepted by the Client. for additional services and payment for such additional Compensation In consideration of the services services. performed by JTL, the Client shall pay JTL in the manner Independent Consultant JTL shall serve as an set forth in Attachment C. The parties acknowledge that independent consultant for services provided under this terms of compensation are based on an orderly and agreement. JTL shall retain control over the means and continuous progress of the Project. If delays on the methods used in performing their services and may retain project take place, JTL shall notify the Client's designated subconsultants to perform certain services as determined agent of the nature and cause of the delay and any by JTL. additional costs this may create both in the Project cost Standard of Care Services provided by JTL will be itself and the compensation due to JTL. The client shall performed with the care and skill ordinarily exercised by then review the nature and cause of the delay and members of the same profession practicing under similar additional costs, and the parties shall separately agree to circumstances. JTL will not be liable for the cost of any any extensions of time or additional compensation to omission that adds value to the Project. JTL. Payment Definitions The following definitions shall Compliance with Laws JTL shall perform its services consistent with sound professionalpractice and endeavor apply to methods of payment: p to incorporate laws, regulations, codes. and standards • Salary cost is defined as the individuals base salary applicable at the time the work is performed. In the event plus customary and statutory benefits. Statutory that standards of practice or legal requirements change benefits shall be as prescribed by law and customary during the Project, JTL shall promptly notify the Client benefits shall be as established by JTL employment through its designated agent of such changes and any policy. additional costs that this may create both in the Project • Cost plus is defined as the individuals base salary plus cost itself and the compensation due to JTL. The Client actual overhead plus professional fees. Overhead shall shall then review the nature and cause of the changes include customary and statutory benefits, and additional costs, and the parties shall separately administrative expenses, and non-project operating agree to any changes in the Project or additional costs. compensation to JTL. • Lump sum is defined as a fixed price amount for the Permits and Approvals JTL will assist the Client in scope of services described. preparing applications and supporting documents for the Client to secure permits and approvals from agencies Page 6 of 9 \SRIiG-R1h&Ohio lmocuganon\Pm Professional Services Agreement !micas Pew`s 18156 Profess,on:d Engu,ecnrg Scmces Agrecmenr.doc Job No. 18156 having jurisdiction over the Project. The Client agrees to any legal defense to the contrary. pay all application and review fees. Consequential Damages Neither the Client nor JTL Ownership of Documents Documents prepared by JTL shall be liable to the other for any consequential for the Project are instruments of service and shall damages regardless of the nature or fault. remain the property of JTL. Record documents of service Environmental Matters The Client warrants they have shall be based on the printed copy. JTL will furnish disclosed all potentially hazardous materials that may be documents electronically, however, the Client releases encountered on the Project. In the event unknown JTL from any liability that may result from documents hazardous materials are encountered, JTL shall be used in this form. JTL shall not be held liable for reuse of entitled to additional compensation for appropriate documents for any purpose other than those intended actions to protect the health and safety of its personnel, under the Project. and for additional services required to comply with Insurance JTL will maintain the following insurance and applicable laws. JTL and the Client acknowledge that coverage limits during the period of service. The Client unforeseen environmental matters may arise during the will be named as an additional insured on the course of the Project. The Client shall notify JTL of any Commercial General Liability and Automobile Liability potential environmental matters of which the Client may policies. be aware, and JTL shall immediately notify the Client Worker's Compensation $500,000 per Accident artrough its designated agent of any environmental $500,000 Policy Limit matters of which JTL becomes aware. The parties shall Commercial General $1,000,000 per occurrencutually agree to a course of action, which shall include Liability (bodily injury including death ermination of the Project. In the case of an emergency, JT &property damage) L will take appropriate action and immediately contact the Client's designated agent. In the event of an $2,000,000 aggregate emergency,JTL will be compensated for actual costs and Automobile Liability $1,000,000 combined single for its services based on the billing rates established in limit for bodily injury arise agreement. property damage Cost Opinions JTL shall prepare cost opinions for the Professional Liability $1,000,000 each claim and Project based on historical information that represents in the aggregate the judgment of a qualified professional. The Client and The Client shall make arrangements for Builders Risk, JTL acknowledge that actual costs may vary from the Protective Liability, Pollution Prevention, and other cost opinions prepared and that JTL offers no guarantee specific insurance coverage warranted for the Project in related to the Project cost. amounts appropriate to the Project value and risks. JTL Independent Counsel The Client agrees to obtain shall be a named insured on those policies where JTL independent legal and financial counsel for the Project may be at risk. The Client shall obtain the counsel of considering JTL does not furnish these services. others in setting insurance limits for construction Contingency Fund The Client acknowledges the contracts. potential for changes in the work during construction and Waiver of Subrogation JTL shall endeavor to obtain a the Client agrees to include a contingency fund in the waiver of subrogation against the Client, if requested in Project budget appropriate to the potential risks and writing by the Client, provided that JTL will not increase uncertainties associated with the Project. JTL may offer its exposure to risk and the Client will pay the cost advice concerning the value of the contingency fund; however, JTL shall not be liable for additional costs that associated with any premium increase or special fees. Indemnification JTL shall indemnify the Client from any the Client may incur beyond the contingency fund they reasonable damages caused solely by the negligent act, nelect unless suor, additional cost resultso from a error, or omission of JTL in the performance of services negligent act, error, or omission related to services under the Project. If such damage results in part by the performed by JTL. negligence of another party, JTL shall be liable only to Contractor Selection JTL may make recommendations concerning award of construction contracts and products. the extent of their proportional negligence. Third Party Claims The Client will compensate JTL for The Client acknowledges that the final selection of services performed in defense of any third party claim construction contractors and products is their sole unless the claim resulted from the negligent act, error or responsibility. omission of JTL. Shop Drawing Review If included in the scope of service, JTL shall review shop drawing submittals from Legal Expense In the event legal action becomes necessary to enforce the provisions of this agreement, the contractor solely for their conformance with the the prevailing party shall be entitled to recover the costs design intent of and performance criteria specified for the of legal action against the opposing party, including, but Project. JTL shallnot bof any for theperformance d y not limited to,court costs, attorney fees, and related legal consequential damages equipment furnished by expenses. the contractor under the Project. Lien JTL may file a lien against the Client's Construction Review If included in the scope of service, propertyenRightsin the event that the Client does not make JTL shall observe the progress and content of the work to payment within the time prescribed in this agreement. determine if the work is proceeding in general The Client agrees that services by JTL are considered accordance with the Contract Documents. This andstru review is intended observe, document, property improvements and the Client waives the right ton and report information concerning t the construction Page 7 of 9 Professional Services Agreement S:\pro,eas\18156.Sd,&Ohio Investigation Proposal\18156 Profs,onal Engineering Services.\greemrvn.doc Job No. 18156 process. Observation of work at the Project site shall not event of substantial failure by the other party to fulfill its make JTL responsible for the work performed by another obligations of the terms hereunder. JTL shall submit an party, the means, methods, techniques, sequences, or invoice for services performed up to the effective date of procedures selected by another party, nor the safety termination and the Client shall pay JTL all outstanding precautions or programs of another party. invoices within fourteen (14) days. The Client may Rejection of Work JTL may recommend that the Client withhold an amount for services that may be in dispute reject work by construction contractors that does not provided that the Client furnishes a written notice of the conform to the requirements of the Project. basis for their dispute and that the amount withheld Safety JTL shall be responsible solely for the safety represents a reasonable value. precautions or programs of its employees and no other Governing Law The terms of agreement shall be party. governed by the laws of the state where the services are Information from Other Parties The Client and JTL performed provided that nothing contained herein shall acknowledge that JTL will rely on information furnished be interpreted in such a manner as to render it by other parties in performing its services under the unenforceable under the laws of the state in which the Project.JTL shall not be liable for any damages that may Project resides. be incurred by the Client in the use of third party Assignment Neither party shall assign its rights, information. interests or obligations under the Project without the Construction Record Drawings If included in the scope express written consent of the other party. of service, JTL will deliver drawings to the Client Waiver of Rights The failure of either party to enforce incorporating information furnished by construction any provision of these terms and conditions shall not contractors. In that construction record drawings are constitute a waiver of such provision nor diminish the based on information provided by others, JTL cannot and right of either party to the remedies of such provision. does not warrant their accuracy. Warranty JTL warrants that they will deliver products Force Majeure Neither party will hold the other under the Project within the standard of care. JTL responsible for damages or delay caused by acts of God, provides no other expressed or implied warranty. acts of war, strikes, accidents, or other events beyond Severability Any provision of these terms later held to the other's control. violate any law shall be deemed void and all remaining Dispute Resolution The Client and JTL agree that they provisions shall continue in force. In such event, the shall diligently pursue resolution of all disagreements Client and JTL will work in good faith to replace an invalid within 45 days of either party's written notice using a provision with one that is valid with as close to the mutually acceptable form of mediated dispute resolution original meaning as possible. prior to exercising their rights under law. JTL shall Survival All provisions of these terms that allocate continue to perform services for the Project and the responsibility or liability between the Client and JTL shall Client shall pay for such services during the dispute survive the completion or termination of services for the resolution process unless the Client issues a written Project. notice to suspend work. No Personal Liability The client further agrees that, to Suspension of Work The Client may suspend services the fullest extent permitted by law, no owner, performed by JTL with cause upon fourteen (14) days shareholder, officer, director, partner, principal or written notice. JTL shall submit an invoice for services employee of JTL shall have personal liability under this performed up to the effective date of the work suspension indemnification provision. under any provision of the and the Client shall pay JTL all outstanding invoices Agreement, or for any matter in connection with the within fourteen(14)days. If the work suspension exceeds Professional Services provided by JTL in connection with thirty (30) days from the effective work suspension date, the project. 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 Page 8 of 9 Professional Services Agreement S:\proiccls\I X156-xrh&Ohm Invesnganon\Propovl\18/56 Profesvonsl Engneering Services.ltnecmenr.doc job No. 18156 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 Owner 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 contrac . engaged in investment activities in Iran as defined in Indiana Code 5-22-16.5 as enacted and . , ended. 'r SIoD 2_— PRINTED NAME TITLE Page 9 of 9 Professional Services Agreement S:\proiecrAI8156-Rd'&Ohm lnressiganon\Proposal\1x156 Peo(,e,onol Enuneenng Senecas Agreement doe