HomeMy WebLinkAboutConstuction Administration & Inspection Services for Veterans and River's Shore Condo Lift Stations City of Jeffersonville
Government Contract Coversheet
Please note: All information MUST be completely filled out and submitted to Clerk's Office
within 48 hrs of execution.
Date Submitted to Clerk: 10/6/2023
Department: Wastewater
Vendor Name: Jacobi, Toombs, and Lanz, Inc.
Sign Date: 10/5/2023
Ending Date: 5/31/2024
Amount of Original Contract: $164,500
Is this an amendment or change order
to original contract?
Amended Contract Amount:
Purpose:
Construction Admiinistration and Inspection
Services for the Veterans Pkwy and River's
Shore Condo Lift Stations
Replacement/Improvement Projects.
For Clerk's Office to fill out
Date uploaded to Gateway: f Vio/" _.3
ATTACHMENT B: WORK ORDER FORM
WORK ORDER NO. 2023-3
RIVER SHORE CONDOS PUMP STATION REPLACEMENT AND
VETERANS PARKWAY LIFT STATION AND FORCE MAIN UPGRADES
CONSTRUCTION ADMINISTRATION AND INSPECTION
Date: /0/.5/20Z 3
In accordance with the General Services Agreement between the City of Jeffersonville, Indiana. acting
and Lanz, Inc.
its duly 01/appointed0 i WORK ORDER is heewer Board R). and writtenn authorization oonrrtosthe CONSULTANT toprovide the
dated 04/01
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, in Section D. all the terms and
conditions required to be included in it by the General Services Agreement
OWNER: CONSULTANT:
Jeffersonville Sewer Board Jacobi, Toombs, and Lanz, Inc.
Jeffersonville, Indiana 1829 E Spring Street
500 Quartermaster .' rt New Albany. IN 47150
Jeffersonville, India . 47130 (812) 945-9585
(812) 285-6401
I
By By
Mayor Mi •e Moore. President Michael C. Harris, P.E.
President
By � '-/ __ - Witness
Dale L Orem, Member Josh Darby, P.
Construction Services earn Leader
By
William A. Saege P.E., P.L.S.. Member
Or
By Printed Name
Authorized Representative
WORK ORDER NO. 2023-3
SECTION A — DESCRIPTION OF THE WORK
Jacobi, Toombs and Lanz, Inc. (JTL) shall provide Professional Engineering services for the project
described as follows:
Full Time Construction Administration and Inspection services for the River Shore Condos Pump Station
Replacement project and the Veterans Parkway Lift Station and Force Main Upgrades project. Since both
follow a similar timeline, we proposed to supply one full-time Inspector that will cover both projects
concurrently. These services will include.
• Provide a full time Owner's Resident Project Representative (Inspector)who will remain on-site to
observe the Contractor's Construction Activities to ensure that all items are being performed and
constructed in accordance with the contract documents. Inspector will prepare and submit Daily
Inspection Reports and Weekly Inspection Summaries to document the work. Inspector will also
measure installed quantities of all pay items for tracking and progress payment.
• Review and approve or take other appropriate action in respect to Shop Drawings, Samples and
other data that Contractor is required to submit to Owner with respect to Work designed or
specified by the Engineer, but only for conformance with the information given in the contract
documents and compatibility with the design concept of the completed project as a functioning
whole as indicated by the contract documents. Such reviews and approvals or other action shall
not extend to means, methods, techniques, sequences, or procedures of construction or to safety
precautions and programs incident thereto. Engineer shall meet any Contractor's submittal
schedule that the Owner has accepted.
• Make recommendations to Owner concerning special inspections or tests of the work as deemed
reasonably necessary, and receive and review all certificates of inspections, tests, and approvals
required by the contract documents. Engineer's review of such certificates will be for the purpose
of determining that the results certified indicate compliance with the contract documents and will
not constitute an independent evaluation that the content or procedures of such inspections,
tests, or approvals comply with the requirements of the contract documents. Engineer and
Owner shall be entitled to rely on such inspections, tests and approvals.
• Assist Owner in review of Pay Applications and the accompanying supporting documentation.
Assist Owner in determining the amounts that Owner will recommend that Owner pay to
Contractor.
• Assist Owner in conducting a final visit to the site to determine if the completed work is
acceptable so that Engineer may recommend to Owner, in writing, that final payment by made to
Contractor with respect to such work.
• Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor,
Supplier or of any other individuals or entities performing or furnishing any of the work, for safety
or security at the Site, or for safety precautions or programs incident to the work, during the
construction phase or otherwise. Engineer shall not be responsible for failure of any Contractor
to perform or furnish the Work in accordance with the contract documents.
SECTION B — SCHEDULE
The construction period for the River Shores Condos Pump Station Replacement project has been
defined as 150 calendar days. The construction period for the Veterans Parkway Lift Station and Force
Main Upgrades project has been defined as 120 calendar days. 7 months are being budgeted for the
inspection under this work order in case the schedules to not exactly align.
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 hourly billing rates current at the time that work is completed, for a
fixed, not to exceed sum of$164,500. The JTL 2023 hourly billing rates are being attached for reference.
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.
JACOBI, TOOMBS AND LANZ, INC.
2023
HOURLY BILLING RATES
STANDARD
HOURLY BILLING
CODE CLASSIFICATION RATE*
PR2 PRINCIPAL - PRESIDENT $210
PR1 PRINCIPAL -VICE PRESIDENT $200
PM3 PROJECT MANAGER III $170
PM2 PROJECT MANAGER II $155
PM1 PROJECT MANAGER I $145
DL DISCIPLINE LEADER $225
E6 ENGINEER VI $190
E5 ENGINEER V (PE) $175
E4 ENGINEER IV (PE) $160
E3 ENGINEER III (PE) $145
E2 ENGINEER II (PE) $130
El ENGINEER I (PE) $115
ET4 ENGINEERING TECH IV (EIT) $100
ET3 ENGINEERING TECH III (EIT) $90
ET2 ENGINEERING TECH II $80
ET1 ENGINEERING TECH I $70
CT3 CAD TECH III $100
CT2 CAD TECH II $85
CT1 CAD TECH I $75
LS2 LAND SURVEYOR II (LS) $120
LS1 LAND SURVEYOR I (LS) $110
SC SURVEY CHIEF $90
ST2 SURVEY TECHNICIAN II $80
ST1 SURVEY TECHNICIAN I $70
RCM RESIDENT CONSTRUCTION MANAGER $130
RP RESIDENT CONSTRUCTION REPRESENTATIVE $110
RI RESIDENT INSPECTOR $100
CL CLERICAL $75
PL3 PLAN REVIEWER III $120
PL2 PLAN REVIEWER II $105
PL1 PLAN REVIEW I $90
GPS GPS $50
RTS ROBOTIC TOTAL STATION EQUIPMENT $50
EXP MILEAGE: PER MILE Current federal mileage rate
*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.
Professional Services Agreement
Attachment D
Terms and Conditions
Services Jacobi, Toombs and Lanz, Inc. (JTL) • Salary cost is defined as the individuals base
will perform services for the Client with these salary plus customary and statutory benefits.
Terms and Conditions. JTL has developed the Statutory benefits shall be as prescribed by
Project scope of service, schedule, and law and customary benefits shall be as
compensation based on available information established by JTL employment policy.
and various assumptions. The Client • Cost plus is defined as the individuals base
acknowledges that adjustments to the schedule salary plus actual overhead plus professional
and compensation may be necessary based on fees. Overhead shall include customary and
the actual circumstances encountered by JTL in statutory benefits, administrative expenses,
performing their services. and non-project operating costs.
Authorized Representatives The officer • Lump sum is defined as a fixed price amount
assigned to the Project by JTL is the only for the scope of services described.
authorized representative to make decisions or . Standard Rates is defined as individual time
commitments on behalf of JTL. The Client shall multiplied by standard billing rates for that
designate a representative with similar authority. individual.
Project Requirements The Client shall confirm . Subcontracted services are defined as
the objectives, requirements, constraints, and project related services provided by other
criteria for the Project at its inception. If the parties to JTL.
Client has established design standards, they
shall be furnished to JTL at Project inception. • Reimbursable expenses are defined as actual
JTL will review the Client design standards and expenses incurred in connection with the
may recommend alternate standards Project.
considering the standard of care provision. Payment Terms JTL shall submit monthly
Site Access The Client shall obtain all invoices for services performed and Client shall
necessary approvals for JTL to access the pay the full invoice amount within 45 days of the
Project site(s). invoice date. Invoices will be considered correct
Period of Service JTL shall perform the if not questioned in writing within 10 days of the
services for the Project in a timely manner within invoice date. JTL may be entitled to a 2% per
the standard of care. JTL will strive to perform month administrative charge in the event of
its services according to the Project schedule payment delay. Client payment to JTL is not
set forth in Attachment A. The services of each contingent on arrangement of project financing.
task shall be considered complete when Invoice payment delayed beyond 60 days shall
deliverables for the task have been presented to give JTL the right to stop work until payments
and accepted by the Client. are current. Non-payment beyond 90 days shall
be just cause for termination by JTL.
Compensation In consideration of the services Additional Services The Client and JTL
performed by JTL, the Client shall pay JTL in the
manner set forth in Attachment A. The parties acknowledge that additional services may be
acknowledge that terms of compensation are necessary for the Project to address issues that
may not be known at Project initiation or that
based on an orderly and continuous progress of may be required to address circumstances that
the Project. If delays on the project take place, were not foreseen. Other than an emergency,
JTL shall notify the Client's designated agent of JTL shall notify the Client through its designated
the nature and cause of the delay and any
additional costs this may create both in the agent, prior to incurring additional expenses or
Project cost itself and the compensation due to performing additional work, of the need for
JTL. The client shall then review the nature and additional services or work that JTL reasonably
believes may be necessary. The Client shall
cause of the delay and additional costs, and the parties shall separately agree to any extensions then review the nature of the additional services,
of time or additional compensation to JTL. and the payment for such additional services.
The parties shall separately agree on the need
Payment Definitions The following definitions for additional services and payment for such
shall apply to methods of payment: additional services.
Professional Services Agreement Terms and Conditions
Rev 09/20/23
Page D-1
Professional Services Agreement
Attachment D
Terms and Conditions
Independent Consultant JTL shall serve as an Liability (bodily injury including death
independent consultant for services provided & property damage)
under this agreement. JTL shall retain control $2,000,000 aggregate
over the means and methods used in performing Automobile Liability $1,000,000 combined single
their services and may retain subconsultants to limit for bodily injury and
perform certain services as determined by JTL. property damage
Standard of Care Services provided by JTL will
be performed with the care and skill ordinarily Professional Liability $1,000,000 each claim and
exercised by members of the same profession in the aggregate
practicing under similar circumstances. JTL will The Client shall make arrangements for
not be liable for the cost of any omission that Builder's Risk, Protective Liability, Pollution
adds value to the Project. Prevention, and other specific insurance
Compliance with Laws JTL shall perform its coverage warranted for the Project in amounts
services within the standard of care and appropriate to the Project value and risks. JTL
endeavor to incorporate laws, regulations, and shall be a named insured on those policies
codes applicable at the time the work is where JTL may be at risk. The Client shall
performed. In the event that standards of obtain the counsel of others in setting insurance
practice or legal requirements change during the limits for construction contracts.
Project, JTL shall promptly notify the Client Mutual Waiver of Subrogation To the extent
through its designated agent of such changes damages are covered by property insurance,
and any additional costs that this may create JTL and the client waive all rights against each
both in the Project cost itself and the other and against the contractors, consultants,
compensation due to JTL. The Client shall then agents, and employees of the other for
review the nature and cause of the changes and damages, except such rights as they may have
additional costs, and the parties shall separately to the proceeds of such insurance as set forth
agree to any changes in the Project or additional specifically in the Contract Documents. JTL or
compensation to JTL. the Client, as appropriate, shall require of the
Permits and Approvals JTL will assist the contractors, consultants, agents, and employees
Client in preparing applications and supporting of any of them, similar waivers in favor of the
documents for the Client to secure permits and other parties enumerated herein.
approvals from agencies having jurisdiction over Indemnification JTL shall indemnify the Client
the Project. The Client agrees to pay all from any reasonable damages caused by the
application and review fees. negligent act, error, or omission of JTL in the
Ownership of Documents Documents performance of services under the Project. If
prepared by JTL for the Project are instruments such damage results in part by the negligence of
of service and shall remain the property of JTL. another party, JTL shall be liable only to the
Record documents of service shall be based on extent of their proportional negligence.
the printed copy. JTL will furnish documents Third Party Claims The Client will compensate
electronically, however, the Client releases JTL JTL for services performed in defense of any
from any liability that may result from documents third party claim unless the claim resulted from
used in this form. JTL shall not be held liable for the negligent act, error or omission of JTL.
reuse of documents for any purpose other than Legal Expense In the event legal action
those intended under the Project. becomes necessary to enforce the provisions of
Insurance JTL will maintain the following this agreement, neither party shall be entitled to
insurance and coverage limits during the period recover the costs of legal action against the
of service. The Client will be named as an opposing party, including, but not limited to,
additional insured on the Commercial General court costs, attorney fees, and related legal
Liability and Automobile Liability policies. expenses.
Worker's $500,000 per Accident and
Compensation $500,000 Policy Limit
Commercial General $1,000,000 per occurrence
Professional Services Agreement Terms and Conditions
Rev 09/20/23
Page D-2
Professional Services Agreement
Attachment D
Terms and Conditions
Lien Rights JTL may file a lien against the contingency fund; however, JTL shall not be
Client's property in the event that the Client does liable for additional costs that the Client may
not make payment within the time prescribed in incur beyond the contingency fund they select
this agreement. The Client agrees that services unless such additional cost results from a
by JTL are considered property improvements negligent act, error, or omission related to
and the Client waives the right to any legal services performed by JTL.
defense to the contrary. Contractor Selection JTL may make
Consequential Damages Neither the Client nor recommendations concerning award of
JTL shall be liable to the other for any construction contracts and products. The Client
consequential damages regardless of the nature acknowledges that the final selection of
or fault. construction contractors and products is their
Environmental Matters The Client warrants sole responsibility.
they have disclosed all potentially hazardous Shop Drawing Review If included in the scope
materials that may be encountered on the of service, JTL shall review shop drawing
Project. In the event unknown hazardous submittals from the contractor solely for their
materials are encountered, JTL shall be entitled conformance with the design intent of and
to additional compensation for appropriate performance criteria specified for the Project.
actions to protect the health and safety of its JTL shall not be liable for the performance of or
personnel, and for additional services required consequential damages of any equipment
to comply with applicable laws. JTL and the furnished by the contractor under the Project.
Client acknowledge that unforeseen Construction Review If included in the scope of
environmental matters may arise during the service, JTL shall observe the progress and
course of the Project. The Client shall notify JTL content of the work to determine if the work is
of any potential environmental matters of which proceeding in general accordance with the
the Client may be aware, and JTL shall Contract Documents. This construction review is
immediately notify the Client through its intended to observe, document, and report
designated agent of any environmental matters information concerning the construction process.
of which JTL becomes aware. The parties shall Observation of work at the Project site shall not
mutually agree to a course of action, which shall make JTL responsible for the work performed by
include termination of the Project. In the case of another party, the means, methods, techniques,
an emergency, JTL will take appropriate action sequences, or procedures selected by another
and immediately contact the Client's designated party, nor the safety precautions or programs of
agent. In the event of an emergency, JTL will be another party.
compensated for actual costs and for its Rejection of Work JTL may recommend that
services based on the billing rates established in the Client reject work by construction contractors
the agreement. that does not conform to the requirements of the
Cost Opinions The Client and JTL Project.
acknowledge that actual costs may vary from Safety JTL shall be responsible solely for the
the cost opinions prepared and that JTL offers safety precautions or programs of its employees
no guarantee related to the Project cost. and no other party. JTL shall not be responsible
Independent Counsel The Client agrees to for any aspect of Contractor site safety.
obtain independent legal and financial counsel Information from Other Parties The Client and
for the Project considering JTL does not furnish JTL acknowledge that JTL will rely on
these services. information furnished by other parties in
Contingency Fund The Client acknowledges performing its services under the Project. JTL
the potential for changes in the work during shall not be liable for any damages that may be
construction and the Client agrees to include a incurred by the Client in the use of third-party
contingency fund in the Project budget information.
appropriate to the potential risks and
uncertainties associated with the Project. JTL
may offer advice concerning the value of the
Professional Services Agreement Terms and Conditions
Rev 09/20/23
Page D-3
Professional Services Agreement
Attachment D
Terms and Conditions
Construction Record Drawings If included in contained herein shall be interpreted in such a
the scope of service, JTL will deliver drawings to manner as to render it unenforceable under the
the Client incorporating information furnished by laws of the state in which the Project resides.
construction contractors. In that construction Assignment Neither party shall assign its rights,
record drawings are based on information interests or obligations under the Project without
provided by others, JTL cannot and does not the express written consent of the other party.
warrant their accuracy. Waiver of Rights The failure of either party to
Force Majeure Neither party will hold the other enforce any provision of these terms and
responsible for damages or delay caused by conditions shall not constitute a waiver of such
acts of God, acts of war, strikes, accidents, or provision nor diminish the right of either party to
other events beyond the other's control. the remedies of such provision.
Dispute Resolution The Client and JTL agree Warranty JTL provides no other expressed or
that they shall first undertake voluntary implied warranty.
negotiation when an issue or a claim occurs. If Severability Any provision of these terms later
no resolution is reached, both parties agree to held to violate any law shall be deemed void and
diligently pursue resolution of all disagreements all remaining provisions shall continue in force.
within 45 days of either party's written notice In such event, the Client and JTL will work in
using a mutually acceptable form of mediated good faith to replace an invalid provision with
dispute resolution, excluding AAA, prior to one that is valid with as close to the original
exercising their rights under law. JTL shall meaning as possible.
continue to perform services for the Project and Survival All provisions of these terms that
the Client shall pay for such services during the allocate responsibility or liability between the
dispute resolution process unless the Client Client and JTL shall survive the completion or
issues a written notice to suspend work. termination of services for the Project.
Suspension of Work The Client may suspend No Personal Liability The client further agrees
services performed by JTL with cause upon that, to the fullest extent permitted by law, no
fourteen (14) days written notice. JTL shall owner, shareholder, officer, director, partner,
submit an invoice for services performed up to principal or employee of JTL shall have personal
the effective date of the work suspension and liability under this indemnification provision,
the Client shall pay JTL all outstanding invoices under any provision of the Agreement, or for any
within fourteen (14) days. If the work suspension matter in connection with the Professional
exceeds thirty (30) days from the effective work Services provided by JTL in connection with the
suspension date, JTL shall be entitled to project.
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
Professional Services Agreement Terms and Conditions
Rev 09/20/23
Page D-4