HomeMy WebLinkAboutJacobi, Toombs & Lanz, Inc (Professional Services to Charlestown Pike Reconstruction) City of Jeffersonville
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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
I
This is an agreement made as of this 4 day of AA ,2024,between the City of Jeffersonville,
Indiana, acting thru its duly appointed Redevelo.ment Commission (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.
Redevelopment Commission
500 Quartermaster Court 1829 E Spring Street,Suite 201
Jeffersonville,IN 47130 New Albany,Indiana 47150
(812) 945-9585
Michael ftan-Lc
By By Michael Harris(Apr 10,202416:57 EDT)
ott Hawkins,President Michael C.Harris,PE
rPresident
Wit % Witness Josh Darby((Apr 10, 17:01 EDT)
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:
Charlestown Pike(Segment 1)Reconstruction and Utica-Sellersburg Road Reconstruction
This project consists of the reconstruction of Jeffersonville-Charlestown Pike, commencing at the intersection of
Holmans Lane and proceeding in a northeasterly direction to the northeast side of its intersection with Utica-
Sellersburg Road,a total distance of 9,000 feet(Segment 1). The project also includes the reconstruction of Utica-
Sellersburg Road,commencing at the south side of the southernmost railroad tracks,and proceeding in a northerly
direction approximately 2,600 feet to the intersection of Jeffersonville-Charlestown Pike.
Bids have been received for the project and the total cost of the project(inclusive of both roadway segments)per the
low bidder is$16,280,000.00.
Scope of Services Included:
Jacobi,Toombs and Lanz,Inc.(CONSULTANT)shall provide the following Professional services for the project:
On Call Construction Support services for the Charlestown Pike (Segment 1) and Utica-Sellersburg Road
Reconstruction project.These services will include:
• 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. JTL shall meet any Contractor's submittal schedule that the Owner has accepted.
• Address questions that arise during construction,at the request of the Owner.
• Attend construction progress meetings and conduct site visits when requested by the Owner.
• Provide design guidance to the Contractor when requested by the Owner.
• JTL 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. JTL
shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with
the contract documents.
• JTL 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.
• Full-time Inspection is not included in this scope of services. It is JTL's understanding that the Owner has
engaged another consultant to perform Full-Time Construction Inspection services.
Jacobi,Toombs and Lanz,Inc. Page 2 of 3 Professional Services Agreement
Project Schedule:
The contractual construction period for the Charlestown Pike (Segment 1) and Utica-Sellersburg Road
Reconstruction project is anticipated to begin in June of 2024 and be completed by June 19,2026.
Method of Compensation:
Payment to the CONSULTANT for On-Call Construction Support Services shall be on a time and materials basis,
based on the JTL hourly billing rates current at the time that work is performed for an initial not to exceed sum of
$50,000. The 2024 JTL hourly billing rates are 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.
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 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
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
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
PM1 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
STl 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
ATV/UAS ATV/DRONE: DAILY RATE $125
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.
20157 Charlestown Pike U-S Road On Call CA
Agreement
Final Audit Report 2024-04-10
Created: 2024-04-10
By: Lee Anne Johnson(I.johnson@jtleng.com)
Status: Signed
Transaction ID: CBJCHBCAABAA8MFNkgTWgQbaCyHK7J0Io9PAapH961MV
"20157 Charlestown Pike U-S Road On Call CA Agreement" His
tory
• Document created by Lee Anne Johnson (I.johnson@jtleng.com)
2024-04-10-8:54:56 PM GMT-IP address:206.246.250.74
L Document emailed to Michael Harris (m.harris@jtleng.com) for signature
2024-04-10-8:55:25 PM GMT
Email viewed by Michael Harris (m.harris@jtleng.com)
2024-04-10-8:57:40 PM GMT-IP address: 70.158.101.145
t?a Document e-signed by Michael Harris (m.harris@jtleng.com)
Signature Date:2024-04-10-8:57:55 PM GMT-Time Source:server-IP address:70.158.101.145
Document emailed to Josh Darby (j.darby@jtleng.com)for signature
2024-04-10-8:57:56 PM GMT
• Email viewed by Josh Darby (j.darby@jtleng.com)
2024-04-10-9:00:47 PM GMT-IP address:206.246.250.74
ua Document e-signed by Josh Darby (j.darby@jtleng.com)
Signature Date:2024-04-10-9:01:03 PM GMT-Time Source:server-IP address:206.246.250.74
O Agreement completed.
2024-04-10-9:01:03 PM GMT
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