HomeMy WebLinkAboutFALCON CREST FORCE MAIN CONSTRUCTION ADMIN AND INSPECTION ATTACHMENT B: WORK ORDER FORM
WORK ORDER NO. 2019-3
FALCON CREST FORCE MAIN RELOCATION
CONSTRUCTION ADMINISTRATION AND INSPECTION
Date: 7/1Vb 9
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, Indian. 1829 E. Spring Street
500 Quartermaster C. New Albany, IN 47150
Jeffersonville, Ind an. 4 130 (812) 945-958,5
(812) 285-6400
By By Araraftal
Mayor Mike Moore, President .rg• I. La , •.E., Pr- -.•en
By �1P�f / �. Witness .1P/ I�
Dale L. Orem, Member Jo illm_n, P. Associate
By VV 01(A,c4,S% --William A. SaegeE., P.L.S., Member
Or
By Printed Name
Authorized Representative
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WORK ORDER NO. 2019-3
SECTION A — DESCRIPTION OF THE WORK
Jacobi, Toombs and Lanz, Inc. (JTL) shall provide Professional Engineering services for the project
described as follows:
Part time (or Full Time as needed) Construction Administration and Inspection services for the Falcon
Crest Force Main Relocation Project.
SECTION B — SCHEDULE
The construction period for this project is estimated to have a 120 calendar day completion schedule.
SECTION C — PAYMENT TERMS
Payment to the CONSULTANT for Construction Administration and Inspection Services shall be on a time
and materials basis, based on the JTL 2019 hourly billing rates incorporated herein for reference, for a
fixed, not to exceed sum of$70,000.00.
The CONSULTANT may submit monthly invoices for payment for work completed to date.
Exceeding Estimated Fees: The estimated total fees shown herein are based on the description of work
described in this agreement. The CONSULTANT reserves the right to request an adjustment to the
estimated total fees if necessary as a result of scope changes or schedule adjustments that are outside
the CONSULTANT'S control.
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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
PR] 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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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
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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.
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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.
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