Loading...
HomeMy WebLinkAboutJacobi, Toombs, and Lanz (BPW approved 7/17/24) Professional Services for Jeff CCMG 2024-1 Street Paving Project 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: 7/16/2024 Department: Motor Vehicle(Street) Vendor Name: Jacobi,Toombs, and Lanz, LLC Sign Date: 7/17/2024 Ending Date: 1/13/2025 Amount of Original Contract: not to exceed$150,000.00 Is this an amendment or change order to original contract? Yes or No Amended Contract Amount: Purpose: Professional Services Agreement for Jeffersonville CCMG 2024-1 Street Paving Project For Clerk's Office to fill out Date uploaded to Gateway: //7A9� III 1111 All Jacobi, Toombs and Lanz, LLC 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 kl• day of 5tAky ,2024,between the City of Jeffersonville, Indiana,acting thru its duly appointed Board of Public Works and Safety(OWNER) and Jacobi, Toombs and Lanz,LLC (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,LLC Board of Public W• ks and Safety 500 Quarte , . • er Cou t 1829 E Spring Street,Suite 201 Jefferso • li 4713. New Albany,Indiana 47150 (812) 945-9585 -- E2> MichaeG Man-is n By u`r By Michael Hams(Jul 8,202416:07 EDT) Mik' Moore,Maysr Michael C.Harris,PE President lad Par6 Witness Witness Josh Darby(Jul 8,2024, 16:11 EDT) Josh Darby,PE Construction Services Team Leader Jacobi,Toombs and Lanz,LLC Page 1 of 3 Professional Services Agreement Professional Services Agreement Attachment A Project Requirements Consultant: Jacobi,Toombs&Lanz,LLC Project Description: Jeffersonville CCMG 2024-1 Street Paving Project The Owner solicited bids for the CCMG 2024-1 project for which they were awarded $1,500,000 by INDOT as a matching grant for$3,000,000 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 June 25,2024 and the contract was awarded to the low bidder on June 26,2024 in the amount of$2,447,979.10. Scope of Services Included: Jacobi,Toombs and Lanz,LLC(CONSULTANT)shall provide the following Professional services for the project: Full Time Construction Administration and Inspection services for the Jeffersonville CCMG 2024-1 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,LLC 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 2024-1 Street Paving project has been defined as 180 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$150,000. 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,LLC Page 3 of 3 Professional Services Agreement Subconsultant Services Agreement Attachment B Terms and Conditions Services Subconsultant (SC) will perform Payment Terms SC shall submit statements for professional services for the Project as set forth in services performed and JTL shall pay the full invoice Attachment A and in accordance with these Terms amount within fourteen (14) days of receiving and Conditions. payment from the Client. Authorized Representatives The officer assigned to Additional Services The SC and JTL acknowledge the Project by Jacobi, Toombs and Lanz, LLC (JTL) that additional services may be necessary for the is the only authorized representative to make Project to address issues that may not be known at decisions or commitments on behalf of JTL. The SC Project initiation or that may be required to address shall designate a representative with similar authority. circumstances that could not be foreseen. In that Project Requirements JTL shall confirm the event, JTL shall notify the Client of the need for objectives, requirements, constraints, and criteria for additional services and JTL shall pay for such the Project based on Client input. If the Client has additional services approved by the Client in the established design standards, they shall be furnished amount and manner as JTL and SC may to SC at Project inception. SC will review the Client subsequently agree. design standards and may recommend alternate Independent Consultant SC shall serve as an standards considering the standard of care provision. independent consultant for services provided under Site Access The Client shall obtain all necessary this agreement. SC shall retain control over the approvals for SC to access the Project site(s). means and methods used in performing their services Period of Service SC shall perform the services for and may retain subconsultants to perform certain the Project in a timely manner within the standard of services as determined by SC. care SC will strive to perform its services according Standard of Care Services provided by SC will be to the Project schedule set forth in Attachment A. The performed with the care and skill ordinarily exercised services of each task shall be considered complete by members of the same profession practicing under when deliverables for the task have been presented similar circumstances. to the Client. Compliance with Laws SC shall perform its services Compensation In consideration of the services consistent within the standard of care and endeavor performed by SC, JTL shall pay SC in the manner set to incorporate laws, regulations, codes, and forth in Attachment A. The parties acknowledge that standards applicable at the time the work is terms of compensation are based on an orderly and performed. continuous progress of the Project. Permits and Approvals SC will assist JTL in Payment Definitions The following definitions shall preparing applications and supporting documents for apply to methods of payment: the Client to secure permits and approvals from • Salary cost is defined as the individual's base agencies having jurisdiction over the Project. SC salary plus customary and statutory benefits. understands all application and review fees will be Statutory benefits shall be as prescribed by law paid by the Client. and customary benefits shall be as established by Ownership of Documents Documents prepared by SC employment policy. SC for the Project are instruments of service and shall • Cost plus is defined as the individual's base remain the property of SC. Record documents of salary plus actual overhead plus professional fee. service shall be based on the printed copy. SC may Overhead shall include customary and statutory furnish documents of service electronically and JTL benefits, administrative expense, and non-project releases SC from any liability that may result from operating costs. documents used in this form. • Lump sum is defined as a fixed price amount for the scope of services described. • Subcontracted services are defined as Project related services provided by other parties to SC. • Reimbursable expenses are defined as actual expenses incurred in connection with the Project. Subconsultant Services Agreement Terms and Conditions Rev 09/20/23 Page B-1 Subconsultant Services Agreement Attachment B Terms and Conditions Insurance SC will maintain the following insurance work performed by another party, the means, and coverage limits during the period of service. The methods, techniques, sequences, or procedures Client and JTL will be named as an additional insured selected by another party, nor the safety precautions on the Commercial General Liability and Automobile or programs of another party. Liability policies. Rejection of Work SC may only recommend that the Worker's As required by applicable state Client reject work by construction contractors that Compensation statute does not conform to the requirements of the Project. Commercial $1,000,000 per occurrence Safety SC shall be responsible for the safety General (bodily injury including death precautions or programs of its employees. Liability and property damage) Information from Other Parties SC and JTL $2,000,000 aggregate, acknowledge that SC will rely on information $5,000,000 aircraft. furnished by other parties in performing its services Automobile $1,000,000 combined single under the Project. Liability limit for bodily injury and Construction Record Drawings If included in the property damage scope of service, SC will deliver construction record Professional $500,000 each claim and in the drawings to JTL incorporating information furnished Liability aggregate by construction contractors. In that construction Mutual Waiver of Subrogation To the extent record drawings are based on information provided damages are covered by property insurance, JTL and by others, JTL will not warrant their accuracy. SC waive all rights against each other and the Defects in Service JTL shall promptly notify SC of contractors, consultants, agents, and employees of any defect or suspected defect in the services the other for damages, except such rights as they performed. SC will take timely action to minimize the may have to the proceeds of such insurance as set consequences of any confirmed defect. SC shall forth specifically in the Contract Documents. JTL or correct defects at their cost. the SC, as appropriate, shall require of the Dispute Resolution The SC and JTL agree that they contractors, consultants, agents. and employees of shall first undertake voluntary negotiation when an any of them, similar waivers in favor of the other issue or a claim occurs. If no resolution is reached, parties enumerated herein. both parties agree to diligently pursue resolution of all Indemnification SC shall indemnify JTL from any disagreements within 45 days of either party's written damages caused solely by the negligent act, error, or notice using a mutually acceptable form of mediated omission of SC in the performance of services under dispute resolution, excluding AAA, prior to exercising the Project. If such damage results in part by the their rights under law. SC shall continue to perform negligence of others, SC shall be liable to the extent services for the Project and JTL shall pay for such of their negligence. services during the dispute resolution process unless Cost Opinions SC shall prepare cost opinions for the JTL issues a written notice to suspend work. Project based on experience and historical Suspension of Work JTL may suspend services information that represent the judgment of a qualified performed by SC with cause upon fourteen (14) days professional. written notice. SC shall submit an invoice for services Shop Drawing Review If included in the scope of performed up to the effective date of the work service, SC shall review shop drawing submittals suspension and JTL shall pay SC all outstanding from the contractor for their conformance with the invoices within fourteen (14) days of receiving design intent of and performance criteria specified for payment from the Client. If the work suspension the Project. exceeds thirty (30) days from the effective work Construction Review If included in the scope of suspension date, SC shall be entitled to renegotiate service, SC shall observe the progress and content of the Project schedule and the compensation terms for the work to determine if the work is proceeding in the Project. general accordance with the Contract Documents. This construction review is intended to observe, document, and report information concerning the construction process. Observation of work at the Project site shall not make SC responsible for the Subconsultant Services Agreement Terms and Conditions Rev 09/20/23 Page B-2 Subconsultant Services Agreement Attachment B Terms and Conditions Termination SC 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. SC shall submit an invoice for services performed up to the effective date of termination and JTL shall pay SC all outstanding invoices within fourteen (14) days of receiving payment from the Client. JTL may withhold an amount for services that may be in dispute provided that JTL 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 contained herein shall be interpreted in such a manner as to render it unenforceable under the laws of the state in which the Project resides. Assignment Neither party shall assign its rights, interests or obligations under the Project without the express written consent of the other party. Waiver of Rights The failure of either party to enforce the provisions of these terms and conditions shall not constitute a waiver of such provisions nor diminish the right of either party to the remedies of such provisions. Warranty SC warrants that they will deliver products under the Project within the standard of care. Severability Any provision of these terms later held to violate any law shall be deemed void and all remaining provisions shall continue in force. In such event, SC and JTL will work in good faith to replace an invalid provision with one that is valid with as close to the original meaning as possible. Survival All provisions of these terms that allocate responsibility or liability between SC and JTL shall survive the completion or termination of services for the Project. Subconsultant Services Agreement Terms and Conditions Rev 09/20/23 Page B-3 JACOBI, TOOMBS AND LANZ, LLC. 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 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 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. 24017 Jeffersonville GCMG 2024-1 Professional Services Agreement Final Audit Report 2024-07-08 Created: 2024-07-08 By: Lee Anne Johnson(I.johnson@jtleng.com) Status: Signed Transaction ID: CBJCHBCAABAAr8anLD3IIkn3MbRdaz9DCgsxZGP6vaj1 "24017 Jeffersonville GCMG 2024-1 Professional Services Agre ement" History Document created by Lee Anne Johnson (I.johnson@jtleng.com) 2024-07-08-7:45:11 PM GMT Document emailed to Michael Harris (m.harris@jtleng.com) for signature 2024-07-08-7:45:50 PM GMT Email viewed by Michael Harris (m.harris@jtleng.com) 2024-07-08-8:07:04 PM GMT b© Document e-signed by Michael Harris (m.harris@jtleng.com) Signature Date:2024-07-08-8:07:13 PM GMT-Time Source:server Document emailed to Josh Darby (j.darby@jtleng.com) for signature 2024-07-08-8:07:15 PM GMT Email viewed by Josh Darby (j.darby@jtleng.com) 2024-07-08-8:09:57 PM GMT coo Document e-signed by Josh Darby (j.darby@jtleng.com) Signature Date:2024-07-08-8:11:48 PM GMT-Time Source:server O Agreement completed. 2024-07-08-8:11:48 PM GMT El Adobe Acrobat Sign