HomeMy WebLinkAboutJTL (Survey, Design, Bid Replacement of Cherry Creek Lift Station 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: 5/3/2024
Department: Wastewater
Vendor Name: Jacobi, Toombs & Lanz (JTL)
Sign Date:
1 5/2/2024
Ending Date: 9/30/2024
Amount of Original Contract: $69,000
Is this an amendment or change order
to original contract?
Amended Contract Amount:
Purpose:
Survey, Design, and Bid the Replacement of
the Cherry Creek Lift Station.
For Clerk's Office to fill out yam-
Date uploaded to Gateway: /2/�'e` //
•
ATTACHMENT B: WORK ORDER FORM
WORK ORDER NO. 2024-4
CHERRY CREEK PUMP STATION REPLACEMENT
Date: 7/ 2/20L¢
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 Board Jacobi, Toombs, and Lanz, Inc.
Jeffersonville, Indian. 1829 E. Spring Street
500 Quartermaster C. New Albany, IN 47150
Jeffersonville, In..ian. '130 (812) 945-9585
(812) 285-6400
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By • /— By Michael Harris(Apr 30,2024 09:40 EDT)
Mayor Mik: Moore, President Michael C. Harris, P.E.
President
By _ WltneSS3oshua G.Darby f/Cpr 30,2024 01744 EDT)
Dale L. Orem, Member Joshua G. Darby. P.E.
Construction Services Team Leader
By 1.1.1 .�
William A. Saegess r, P.E., P.L.S., Member
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WORK ORDER NO. 2024-4
SECTION A — DESCRIPTION OF THE WORK
Jacobi, Toombs and Lanz, Inc. (JTL) shall provide Professional Engineering services for the project
described as follows:
Survey and Design for the replacement of the Cherry Creek Pump Station. The new station will be
constructed as near as possible to the existing station. JTL will work with the City to select an acceptable
location for the replacement pump station. The existing station will remain in operation until the new
station is constructed and sanitary sewers can be diverted into the new station.
Geotechnical exploration is included with this proposal.
SECTION B — SCOPE OF ENGINEERING SERVICES
The CONSULTANT shall provide the following:
I. Engineering and Design
A. Project Management and Coordination with the OWNER, Sub-consultants, and property
owners.
B. Topographic Survey of the existing pump station site, proposed pump station location
and force main alignment.
C. Research and resolution of existing property lines. Perform title search to determine
existence of any easements for the existing pump station.
D. Engineering design for the proposed pump station upgrades and force main.
E. Permitting — It is anticipated that only a sanitary sewer construction permit will be
required.
F. Boundary Survey — Perform boundary survey of portion of property to be acquired in fee.
No appraisal fees or buying services are included in this contract.
G. Bidding Assistance - Assist the OWNER in bidding the work, analyze Contractor bids
received. and make award recommendations
II. Electrical and Instrumentation Control
The CONSULTANT shall employ the services of an Electrical and Instrumentation Controls firm.
The cost of this Subconsultant is included in this proposal.
III.Geotechnical Engineering Investigation
The CONSULTANT shall employ the services of a Geotechnical Engineering firm to perform the
necessary subsurface investigations for evaluation of constructability of the proposed pump
station and force main.
The Geotechnical Engineering Investigation Subconsultant is included in this proposal.
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SECTION C — SCHEDULE
Services shall commence upon receipt of an executed Agreement with an anticipated completion within
150 calendar days of the executed Agreement. Completion shall be defined as delivery of the completed
boundary survey in PDF format, completion of design and finalization of construction documents,
advertising for bid and plan distribution to potential bidders, completion of the geotechnical engineering
investigation and report, and submittal of the Sanitary Sewer Construction Permit to the Engineering
Department.
SECTION D — PAYMENT TERMS
Payment to the CONSULTANT for Surveying & Engineering Design Services shall be on a lump sum
basis for$69,000.00. A breakdown of the fees per task is listed below.
• Topographic Survey - $7,500
• Boundary Survey - $3,500
• Pump Station Design - $29,000
• Electrical Engineering - $13,500
• Geotechnical Investigation - $6,500
• Permitting - $2,500
• Specifications and Bidding - $6,500
Total - $69,000
If the magnitude of the design work as initially scoped increases, the owner will be notified immediately so
that budget adjustments can be considered.
The CONSULTANT may submit monthly invoices for payment for work completed to date.
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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 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
issues a written notice to suspend work. Client and JTL shall survive the completion or
Suspension of Work The Client may suspend termination of services for the Project.
services performed by JTL with cause upon No Personal Liability The client further agrees
fourteen (14) days written notice. JTL shall that, to the fullest extent permitted by law, no
submit an invoice for services performed up to owner, shareholder, officer, director, partner,
the effective date of the work suspension and principal or employee of JTL shall have personal
the Client shall pay JTL all outstanding invoices liability under this indemnification provision,
within fourteen (14) days. If the work suspension under any provision of the Agreement, or for any
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