HomeMy WebLinkAboutNEW CHAPEL SIDEWALKS PHASE III 011446
NEW CHAPEL SIDEWALK PHASE III
Agreement for Professional Engineering Services
Surveying, Design & Construction Administration
Jeffersonville, Indiana
This is an agreement made as of this\1C3 day of Ar ( 2019, between The City of Jeffersonville,
Indiana, acting thru its Board of Public Works and fety(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 Jeffersonvill/�; Jacobi,Toombs, and Lanz, Inc.
Board of Public;WOifk-' Y
and Safety
1829 E. Spring St.
500 Quartermas er ' o rt New Al IN 47150
Jeffersonville, In•is a i 7130 (812) 5-95 AO,
(812)285-6400
By - �- By
Jor . Land; P.E., Preside
mi,
Witness - , , Witnes `` i • �A" . OF
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NEW CHAPEL SIDEWALK PHASE III
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 9 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. Negotiating
acquisition with property owners is not included as part of this agreement and
shall be added, if desired, by separate contract with a Buying Agency. Similarly,
a separate proposal shall also be submitted at a later date for appraisal services.
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.
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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 New Chapel Sidewalk
Phase III Project.
The purpose of this project is to provide a safe pedestrian walking route along New Chapel Road from
Sundancer to Gottbrath Parkway.
SECTION B — SCHEDULE
All survey and design work shall be completed within 210 calendar days, unless modified in writing by the
OWNER and the CONSULTANT. The estimated final deliverable date is November 2019.
The construction period for this project is estimated to have a 120 calendar day completion schedule.
Construction is anticipated to begin in the Spring of 2020.
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
$72,500.00. Appraisal work and buying services, if required, will be approved by the Owner in the form of
an amendment to this contract or under separate contracts.
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$10,000.00.
The CONSULTANT may submit monthly invoices for payment for work completed to date.
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ATTACHMENT C
JACOBI, TOOMBS AND LANZ, INC.
2019
HOURLY BILLING RATES
STANDARD
HOURLY BILLING
CODE CLASSIFICATION RATE*
PR2 PRINCIPAL- PRESIDENT $180
PR1 PRINCIPAL-VICE PRESIDENT $175
PM3 PROJECT MANAGER III $160
PM2 PROJECT MANAGER II $145
PM1 PROJECT MANAGER I $135
E5 ENGINEER V (PE) $160
E4 ENGINEER IV (PE) $140
E3 ENGINEER III (PE) $130
E2 ENGINEER II (PE) $120
El ENGINEER I (PE) $110
DE DESIGN ENGINEER $105
LA LANDSCAPE ARCHITECT $90
ET4 ENGINEERING TECH IV (EIT) $87
ET3 ENGINEERING TECH III (EIT) $80
ET2 ENGINEERING TECH II $70
ET1 ENGINEERING TECH I $65
GM GIS MANAGER $140
GT2 GIS TECHNICIAN II $80
GT1 GIS TECHNICIAN I $75
CT3 CAD TECH III (DESIGNER) $90
CT2 CAD TECH II $75
CT1 CAD TECH I $70
SM SURVEY MANAGER $150
LS2 LAND SURVEYOR II (LS) $110
LS1 LAND SURVEYOR I (LS) $100
SC SURVEY CHIEF $85
ST2 SURVEY TECHNICIAN II $80
ST1 SURVEY TECHNICIAN I $75
FC2 2-MAN SURVEY CREW $165
FC3 3-MAN SURVEY CREW $240
RCM RESIDENT CONSTRUCTION MANAGER $125
RP RESIDENT CONSTRUCTION REPRESENTATIVE $100
RI RESIDENT INSPECTOR $85
CA CONSTRUCTION/PROJECT ADMINISTRATOR $90
ADM ADMINISTRATIVE ASSISTANT $110
CL CLERICAL $70
LAS LAND ACQUISITION SPECIALIST $100
PRIII PLAN REVIEWER III $98
PRII PLAN REVIEWER II (ICC CERTIFIED) $90
PRI PLAN REVIEW I $85
GPS GPS $50
RTS ROBOTIC TOTAL STATION EQUIPMENT $50
EXP MILEAGE: PER MILE $0.45
''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.
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NEW CHAPEL SIDEWALK PHASE III
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
Client acknowledges that adjustments to the schedule y monthly invoices
and compensation may be necessary based on the for services performed and Client shall pay the full
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 Permits and Approvals JTL will assist the Client in
scope of services described.
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.
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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.
other specific insurance coverage warranted for the The Client and JTL acknowledge that actual costs
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 solely by the contingency fund; however, JTL shall not be liable for
negligent act, error, or omission of JTL in the additional costs that the Client may incur beyond the
performance of services under the Project. If such contingency 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, that the final selection of construction contractors and
error or omission of JTL. products is their sole responsibility.
Legal Expense In the event legal action becomes Shop Drawing Review If included in the scope of
necessary to enforce the provisions of this service, JTL shall review shop drawing submittals
agreement, the prevailing party shall be entitled to from the contractor solely for their conformance with
recover the costs of legal action against the opposing the design intent of and performance criteria specified
party, including, but not limited to, court costs, for the 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
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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.
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NEW CHAPEL SIDEWALK PHASE III JOB NO:19054 SHEET
FROM SUNDANCER TO GOTTBRATH PKWY Jacobi,Toombs&Lanz,Inc.
JEFFERSONVILLE,INDIANA DATE:3-12-19 Consulting Engineers&Land Surveyors
1829 E.Spring Street,Suite 201-New Albany,Indiana 47150
SCALE:1'=300' 812-945-9585-WWW.JTLENG.COM
PROJECT LOCATION
FILE:tamyl
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