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HomeMy WebLinkAboutJTL Professional Services for CCMG 2023-2 Street Paving Project (BPW approved 2/28/24) 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: 2/28/2024 Department: Motor Vehicle (Street) Vendor Name: Jacobi,Toombs, & Lanz, Inc. Sign Date: 2/28/2024 Ending Date: 1/31/2025 Amount of Original Contract: Time & materials not to exceed $125,000.00 Is this an amendment or change order to original contract? Yes or No Amended Contract Amount: Purpose: Professional Services Agreement for Jeffersonville CCMG 2023-2 Street Paving Project For Clerk's Office to fill out Date uploaded to Gateway: 6? o�/ � 1111 All Jacobi,Toombs and Lanz, Inc. Consulting Engineers 1829 E Spring Street,Suite 201 New Albany,Indiana 47150 (812)945-9585 Fax(844)269-7973 PROFESSIONAL SERVICES AGREEMENT This is an agreement made as of this day of ,2024,between the City of Jeffersonville, Indiana,acting thru its duly appointed Board of Public Works and Safety(OWNER)and Jacobi, Toombs and Lanz,Inc. (JTL),a registered corporation. The Owner hereby retains JTL to perform services in connection with a Project as described in Attachment A.JTL agrees to perform the services in consideration of the compensation described in Attachment A and in accordance with the terms described in Attachment B. This Agreement consists of this document together with Attachment A-Project Requirements, and Attachment B-Terms and Conditions. This agreement supersedes 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 acknowledges 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. City of Jeffersonville,Indiana Jacobi,Toombs and Lanz,Inc. Board of Public W. s and Safety 500 Quarte r astir Court 1829 E Spring Street,Suite 201 Jeffers 'A e,I 47130 r New Albany,Indiana 47150 / (812)945-9585 By 1,11,... ByMtn e�chVLGtl C.Harris e�.b o 2r IVL!�'l024 11:47 E T) e oore,Mayor l Michael C.Harris,PE President Witnes Witness Josh Darby(Feb 20,202413:08 EST) Josh Darby,PE Construction Services Team Leader Jacobi,Toombs and Lanz,Inc. Page 1 of 3 Professional Services Agreement Professional Services Agreement Attachment A Project Requirements Consultant: Jacobi,Toombs&Lanz,Inc. Project Description: Jeffersonville CCMG 2023-2 Street Paving Project The Owner solicited bids for the CCMG 2023-2 project for which they were awarded$1,000,000 by INDOT as a matching grant for$2,000,000 worth of surface milling and resurfacing of existing pavement,improvements to the associated pedestrian corridor as required by the Americans with Disabilities Act, replacement of traffic signal detection loops where necessary,and pavement patching where necessary,replacement of pavement markings,and drainage improvements. Bids were opened on February 13,2024 and the contract was awarded to the low bidder on February 14,2024 in the amount of$1,683,057.05. Scope of Services Included: Jacobi,Toombs and Lanz,Inc.(CONSULTANT)shall provide the following Professional services for the project: Full Time Construction Administration and Inspection services for the Jeffersonville CCMG 2023-2 Street Paving project.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, Jacobi,Toombs and Lanz,Inc. Page 2 of 3 Professional Services Agreement 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. • Engineer shall not be responsible or held liable for failure of any Contractor,Subcontractor,Utility Company or any other entity performing work related to this project,to perform or furnish the Work in accordance with the Contract Documents or any schedules set forth within or outside those documents. Project Schedule: The contractual construction period for the Jeffersonville CCMG 2023-2 Street Paving project has been defined as 150 calendar days. Method of Compensation: Payment to the CONSULTANT for Construction Administration and Inspection Services shall be on a time and materials basis,based on the JTL 2024 hourly billing rates incorporated herein for reference,for a fixed,not to exceed sum of$125,000. 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. Non-Discrimination: The Consultant will not discriminate on the grounds of race,color,or national origin. Drug-Free Workplace: The Consultant further certifies that they maintain a drug-free workplace as required by Federal and State Regulations. Jacobi,Toombs and Lanz,Inc. Page 3 of 3 Professional Services Agreement Professional Services Agreement Attachment B 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 commitments on behalf of JTL. The Client shall • Standard Rates is defined as individual time designate a representative with similar authority. multiplied by standard billing rates for that Project Requirements The Client shall confirm individual. the objectives, requirements, constraints, and • Subcontracted services are defined as criteria for the Project at its inception. If the Project-related services provided by other Client has established design standards, they parties to JTL. 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 Compensation In consideration of the services be just cause for termination by JTL. performed by JTL, the Client shall pay JTL in the Additional Services The Client and JTL 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 based on an orderly and continuous progress of may not be known at Project initiation or that the Project. If delays on the project take place, may be required to address circumstances that JTL shall notify the Client's designated agent of were not foreseen. Other than an emergency, the nature and cause of the delay and any JTL shall notify the Client through its designated 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 cause of the delay and additional costs, and the believes may be necessary. The Client shall 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. Payment Definitions The following definitions The parties shall separately agree on the need shall apply to methods of payment: for additional services and payment for such additional services. Professional Services Agreement Terms and Conditions Rev 09/20/23 Page B-1 Professional Services Agreement Attachment B 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 perform certain services as determined by JTL. limit for bodily injury and Standard of Care Services provided by JTL will property damage 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 B-2 Professional Services Agreement Attachment B 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 B-3 Professional Services Agreement Attachment B 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 the Client shall pay for such services during the Survival All provisions of these terms that dispute resolution process unless the Client allocate responsibility or liability between the issues a written notice to suspend work. Client and JTL shall survive the completion or 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 exceeds thirty (30) days from the effective work matter in connection with the Professional suspension date, JTL shall be entitled to Services provided by JTL in connection with the renegotiate the Project schedule and the project. 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 B-4 JACOBI, TOOMBS AND LANZ, INC. 2024 HOURLY BILLING RATES STANDARD HOURLY BILLING CODE CLASSIFICATION RATE'' PR2 PRINCIPAL- PRESIDENT $225 PR1 PRINCIPAL- VICE PRESIDENT $210 PM3 PROJECT MANAGER III $170 PM2 PROJECT MANAGER II $155 PMI PROJECT MANAGER I $145 DL DISCIPLINE LEADER $230 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 $110 CT2 CAD TECH II $95 CT1 CAD TECH I $80 LS2 LAND SURVEYOR II (LS) $130 LS1 LAND SURVEYOR I (LS) $120 SC SURVEY CHIEF $95 ST2 SURVEY TECHNICIAN II $85 ST1 SURVEY TECHNICIAN I $75 RCM RESIDENT CONSTRUCTION MANAGER $130 RP RESIDENT CONSTRUCTION REPRESENTATIVE $115 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. 24012 Jeffersonville GCMG 2023-2 Professional Services Agreement Final Audit Report 2024-02-20 Created: 2024-02-20 By: Lee Anne Johnson(I.johnson@jtleng.com) Status: Signed Transaction ID: CBJCHBCAABAAPKuwMA316gZsGGIB7sugIgXG7YXEVwxI "24012 Jeffersonville CCMG 2023-2 Professional Services Agre ement" History Document created by Lee Anne Johnson (I.johnson@jtleng.com) 2024-02-20-3:07:57 PM GMT-IP address:206.246.250.74 [ Document emailed to Michael Harris (m.harris@jtleng.com)for signature 2024-02-20-3:08:29 PM GMT 6-• Li Email viewed by Michael Harris (m.harris@jtleng.com) 2024-02-20-4:47:40 PM GMT-IP address:206.246.250.74 6o Signer Michael Harris (m.harris@jtleng.com) entered name at signing as Michael C. Harris 2024-02-20-4:47:52 PM GMT-IP address:206.246.250.74 66 Document e-signed by Michael C. Harris (m.harris@jtleng.com) Signature Date:2024-02-20-4:47:54 PM GMT-Time Source:server-IP address:206.246.250.74 Document emailed to Josh Darby (j.darby@jtleng.com) for signature 2024-02-20-4:47:55 PM GMT `n Email viewed by Josh Darby (j.darby@jtleng.com) 2024-02-20-6:07:38 PM GMT-IP address:206.246.250.74 6© Document e-signed by Josh Darby(j.darby@jtleng.com) Signature Date:2024-02-20-6:08:04 PM GMT-Time Source:server-IP address:206.246.250.74 O Agreement completed. 2024-02-20-6:08:04 PM GMT Q Adobe Acrobat Sign