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HomeMy WebLinkAboutSilos City Park 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: / `I Department: lAe4 1CCIO 0/ACK+ Vendor Name: � UQ IV110 Sign Date: 1 1 I7-X) 44' Ending Date: Amount of Original Contract: '61 - 1 I/ 1/ 0 f re}FYt ridA Is this an amendment or change order to original contract? Yes or o Amended Contract Amount: Purpose: �,"V V1„ sa &hi For Clerk's Office to fill out Date uploaded to Gateway: //, d AGREEMENT BETWEEN CLIENT AND ENGINEER FOR PROF 'SSIONAL SERVICES THIS IS AN AGREEMENT effective as of UW,R ,L2 2024 ("Effective Date")between The City of Jeffersonville Redevelopment Commission ("Client") and Copperwaite Design Group,Inc.,d/b/a Paul Primavera&Associates ("Engineer"). Engineer agrees to provide the services described below to Client for The Silos City Park ("Project"). Description of Engineer's Services: See attached Exhibit"A". Client and Engineer further agree as follows: of Engineer's employees times hourly rates for each 1.01 Basic Agreement applicable billing class per the attached Exhibit `B"; plus reimbursable expenses and Engineer's consultants' charges, A. Engineer shall provide, or cause to be provided, if any. the services set forth in this Agreement,and Client shall pay Engineer for such Services as set forth in Paragraph 9.01. 4.01 Termination 2.01 Payment Procedures A. The obligation to provide further services under this Agreement may be terminated: A. Preparation of Invoices. Engineer will prepare a monthly invoice in accordance with Engineer's standard 1. For cause, invoicing practices and submit the invoice to Client. a. By either party upon 30 days written B. Payment of Invoices. Invoices are due and notice in the event of substantial failure by the payable upon receipt. If Client fails to make any payment other party to perform in accordance with the due to Engineer for services and expenses within 30 days of Agreement's terms through no fault of the the date of Engineer's invoice, the amounts due Engineer terminating party. will be increased at the rate of 1.5% per month (or the maximum rate of interest permitted by law, if less) on said b. By Engineer: thirtieth day and every thirtieth day thereafter. In addition, Engineer may, after giving seven days written notice to 1) upon seven days written notice if Client, suspend services under this Agreement until Engineer believes that Engineer is being Engineer has been paid in full all amounts due for services, requested by Client to furnish or perform expenses,and other related charges. Client waives any and services contrary to Engineer's all claims against Engineer for any such suspension. responsibilities as a licensed professional;or Payments will be credited first to interest and then to principal. 2) upon seven days written notice if the Engineer's services for the Project are C. Disputed Invoices. If Client contests an invoice, delayed or suspended for more than 90 days Client may withhold only that portion so contested, and for reasons beyond Engineer's control. must pay the undisputed portion. 3) Engineer shall have no liability 3.01 Additional Services to Client on account of such termination. A. If authorized by Client, or if required because of c. Notwithstanding the foregoing, this changes in the Project, Engineer shall furnish services in Agreement will not terminate as a result of a addition to those set forth above. substantial failure under paragraph 4.01.A.1.a if the party receiving such notice begins, within seven B. Client shall pay Engineer for such additional days of receipt of such notice,to correct its failure services as follows: For additional services of Engineer's and proceeds diligently to cure such failure within employees engaged directly on the Project an amount equal no more than 30 days of receipt of notice; to the cumulative hours charged to the Project by each class provided, however, that if and to the extent such 1of4 Adapted from EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services and EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services with modifications by the Engineer. Copyright®2002 National Society of Professional Engineers for EJCDC. All rights reserved. substantial failure cannot be reasonably cured B. Neither Client nor Engineer may assign, sublet,or within such 30 day period, and if such party has transfer any rights under or interest (including, but without diligently attempted to cure the same and thereafter limitation, moneys that are due or may become due)in this continues diligently to cure the same,then the cure Agreement without the written consent of the other, except period provided for herein shall extend up to,but in to the extent that any assignment, subletting, or transfer is no case more than,60 days after the date of receipt mandated or restricted by law. Unless specifically stated to of the notice. the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any 2. For convenience, by Client effective upon the duty or responsibility under this Agreement. receipt of notice by Engineer. 7.01 General Considerations B. Effective Date of Termination. The terminating party under paragraphs 4.01.A.1 or 4.01.A.2 may set the A. The standard of care for all professional effective date of termination at a time up to 30 days later engineering and related services performed or furnished by than otherwise provided to allow Engineer to demobilize Engineer under this Agreement will be the care and skill personnel and equipment from the Project site, to complete ordinarily used by members of the subject profession tasks whose value would otherwise be lost,to prepare notes practicing under similar circumstances at the same time and as to the status of completed and uncompleted tasks,and to in the same locality. Engineer makes no warranties,express assemble Project materials in orderly files. or implied, under this Agreement or otherwise, in connection with Engineer's services. Engineer and its C. Payments Upon Termination. consultants may use or rely upon the design services of others, including, but not limited to, contractors, 1. In the event of any termination under paragraph manufacturers,and suppliers. 4.01, Engineer will be entitled to invoice Client and to receive full payment for all services performed or furnished B. Engineer shall not at any time supervise,direct,or and all Reimbursable Expenses incurred through the have control over any contractor's work,nor shall Engineer effective date of termination. Upon making such payment, have authority over or responsibility for the means, Client shall have the limited right to use of documents, at methods, techniques, sequences, or procedures of Client's sole risk. construction selected or used by any contractor, for safety precautions and programs incident to a contractor's work 2. In the event of termination by Client for progress, nor for any failure of any contractor to comply convenience or by Engineer for cause, Engineer shall be with laws and regulations applicable to contractor's work. entitled,in addition to invoicing for those items identified in paragraph 4.01.C.1, to invoice Client and to payment of a C. Engineer neither guarantees the performance of reasonable amount for services and expenses directly any contractor nor assumes responsibility for any attributable to termination, both before and after the contractor's failure to furnish and perform its work in effective date of termination, such as reassignment of accordance with the contract between Client and such personnel, cost of terminating contracts with Engineer's contractor. Consultants, and other related close-out costs, using methods and rates as set forth in paragraph 3.01.B. D. Engineer shall not be responsible for the acts or omissions of any contractor,subcontractor,or supplier,or of 5.01 Controlling Law any contractor's agents or employees or any other persons (except Engineer's own employees) at the Project site or A. This Agreement is to be governed by the law of otherwise furnishing or performing any of construction the state in which the Project is located. work; or for any decision made on interpretations or clarifications of the construction contract given by Client 6.01 Successors,Assigns,and Beneficiaries without consultation and advice of Engineer. A. Client and Engineer each is hereby bound and the E. All design documents prepared or furnished by partners, successors, executors, administrators, and legal Engineer are instruments of service,and Engineer retains an representatives of Client and Engineer (and to the extent ownership and property interest(including the copyright and permitted by paragraph 6.01.B the assigns of Client and the right of reuse) in such documents, whether or not the Engineer) are hereby bound to the other party to this Project is completed. Client shall not rely in any way on Agreement and to the partners, successors, executors, any Document unless it is in printed form,signed and sealed administrators, and legal representatives (and said assigns) by the Engineer or one of its consultants. of such other party, in respect of all covenants, agreements, and obligations of this Agreement. F. The parties acknowledge that Engineer's scope of services does not include any services related to a 2 of 4 Adapted from EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services and EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services with modifications by the Engineer. Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Hazardous Environmental Condition (the presence of documents,no matter by whom presented,that would result asbestos, PCBs, petroleum, hazardous substances or waste, in the Engineer having to certify, guarantee, or warrant the and radioactive materials). If Engineer or any other party existence of conditions whose existence the Engineer cannot encounters a Hazardous Environmental Condition,Engineer ascertain. Client agrees not to make resolution of any may, at its option and without liability for consequential or dispute with the Engineer or payment of any amount due to any other damages, suspend performance of services on the the Engineer in any way contingent upon the Engineer portion of the Project affected thereby until Client: (i) signing any such documents. retains appropriate specialist consultants or contractors to identify and,as appropriate,abate,remediate,or remove the K. Dispute Resolution. Client and Engineer agree Hazardous Environmental Condition; and (ii) warrants that that they shall first submit any and all unsettled claims, the Site is in full compliance with applicable Laws and counterclaims, disputes, and other matters in question Regulations. between them arising out of or relating to this Agreement or the breach thereof ("Disputes") to mediation by a neutral G. Client shall be responsible for,and Engineer may third party selected at the agreement of the parties. If such rely upon, the accuracy and completeness of all mediation is unsuccessful in resolving a Dispute, then (a) requirements, programs, instructions, reports, data, and the parties may mutually agree to a dispute resolution of other information furnished by Client to Engineer pursuant their choice,or(b)either party may seek to have the Dispute to this Agreement. Engineer may use such requirements, resolved by a court of competent jurisdiction. programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. L. Engineer is an independent contractor and not an employee of Client for any reason. H. Any Engineer's opinions of probable Construction Cost are to be made on the basis of Engineer's M. Engineer shall secure and maintain such experience and qualifications and represent Engineer's best insurance as required to protect Client from claims under the judgment as an experienced and qualified professional workmen's compensation acts and claims for bodily injury, generally familiar with the construction industry. However, death, and property damage which may arise from since Engineer has no control over the cost of labor, Engineer's performance of services under this Agreement. materials, equipment, or services furnished by others, or over contractor's methods of determining prices, or over N. Reimbursable expenses are any expense incurred competitive bidding or market conditions, Engineer cannot beyond fees for service provided. Examples of these and does not guarantee that proposals, bids, or actual expenses are, but are not limited to, permit, application, or Construction Cost will not vary from opinions of probable recording fees, legal advertising expenses, printing costs, Construction Cost prepared by Engineer. and overnight and certified mailings. I. Engineer and Client shall comply with applicable 8.01 Total Agreement Laws and Regulations and Client-mandated standards that Client has provided to Engineer in writing. This Agreement A. This Agreement (consisting of pages 1 to 4 is based on these requirements as of its Effective Date. inclusive, together with any expressly incorporated Changes to these requirements after the Effective Date of appendix or exhibit) constitutes the entire agreement this Agreement may be the basis for modifications to between Client and Engineer and supersedes all prior Client's responsibilities or to Engineer's scope of services, written or oral understandings. This Agreement may only times of performance,and compensation. be amended, supplemented,modified,or canceled by a duly executed written instrument. J. Engineer shall not be required to sign any 3 of 4 Adapted from EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services and EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services with modifications by the Engineer. Copyright CO 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 9.01 Payment(Lump Sum Plus Reimbursable Expenses) A. Using the procedures set forth in paragraph 2.01,Client shall pay Engineer as follows: I. A Lump Sum amount of S 99,600.00 plus reimbursable expenses,if any. B. The Engineer's compensation is conditioned on the time to complete construction not exceeding 12 months. Should the time to complete construction be extended beyond this period, total compensation to Engineer shall be appropriately adjusted. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. CLIENT: ENGINEER: By: Y By' — c 1(5 Title: Went Title: Jason M. o ite,President By: • 4Title: Date Signed: j21E LOVI License or Certificate No.and State: PE 10302376&LS20200046—Both in Indiana Address for giving notices: Address for giving notices: 500 Quartermaster Court 301 East Chestnut Street Jeffersonville,IN 47130 Corydon,IN 47112 4 or4 (Lump Sum Plus Reimbursable Expenses) EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services Copyright©2002 National Society of Professional Engineers for EJCDC. All rights reserved. Exhibit "A" Engineer's Services CONCEPTUAL DESIGN SCOPE OF WORK 1. Site Visit: PPA will visit the site to identify any visual obstructions that could affect the Conceptual Site Plan design. PPA will use online mapping to preliminarily identify easements,setbacks and utilities that may impact the property. 2. Conceptual Site Plan: PPA will provide two(2)conceptual site plans for review and approval from Client based on the City provided sketch plan.The approved Conceptual Site Plan will be used as the basis for the Development Plan submittal. 3. Client Meetings: PPA will provide two(2)meetings for the Conceptual Scope of Services portion of the project. PLANNING & ZONING SCOPE OF WORK 4. Development Plan: Is not required for this project and will be handled administratively within the City of Jeffersonville. The concept plan will be used as the basis of zoning review. PROFESSIONAL DESIGN SCOPE OF WORK 5. Boundary and Topographical Survey: PPA will perform a Drone Flight of entire property for a digitally rectified Aerial Photo and Lidar generated surface.PPA will supplement the drone lidar with field survey of road tie ins and pertinent areas where more detail is needed. 6. Civil Engineering Construction Documents: PPA will deliver a stamped and sealed set of Construction Drawings by an Indiana licensed Civil Engineer.The stamped and sealed set will include the following: a. Site Plan b. Grading and Drainage Plan c. Sanitary Sewer Plan and Profiles d. Erosion Control Plan e. Utility Plan f. Lighting Plan g. Landscape Plan h. Construction Details 7. Building Architectural: Building is proposed to be pre-manufactured,with no architectural design required. 8. Structural Design: PPA will deliver a stamped Foundation Plan by an Indiana Licensed Engineer for a pre- manufactured building. The pre-manufactured building company will provide the load requirements for the foundation design. 9. M.E.P Design-Build: PPA will provide a schematic M.E.P plan for bidding purposes only. Final MEP design will be completed by the project contractor as design-build. 10. Specification Documents: PPA will deliver a pdf package of project specifications for bidding and construction purposes. 11. Permitting: PPA will provide coordination with the permitting agencies for the following: a. City of Jeffersonville Building Permit b. Indiana State Design Release, if applicable,with assistance from the pre-manufactured building provider. c. City of Jeffersonville Sewer Board 12. Additional Permitting/Studies: Once the final land disturbance impacts to the site are determined during the Civil Construction Document Design phase,PPA will provide the following permitting and study services as required: a. Indiana DNR permitting b. Indiana Department of Environmental Management(IDEM)permitting c. Army Corp of Engineers permitting d. Floodway and floodplain LOMR study 13. Client Meetings: PPA will provide three(3)meetings for the Professional Design Scope of Services. CONSTRUCTION ADMINISTRATION SCOPE OF WORK 14. Bid Invitation and Bid Documents: PPA will deliver PDF bid invitation documents to Lynn Imaging for placement on their ecommerce website. PPA will manage the bidding process and present results to the RDC for their final selection. 15. Construction Inspections: PPA will provide weekly inspections of the construction progress during the project up to substantial completion. PPA will generate and deliver monthly reports for the weekly inspections to the RDC in pdf format 16. Construction Meetings: PPA will provide up to eight(8)onsite construction administration meetings. EXHIBIT "B" HOURLY RATE SCHEDULE Principal $250.00 Survey Field Crew $220.00 Principal Geotechnical Engineer $210.00 Director of Ecological Services $200.00 Senior Professional Engineer $190.00 Professional Surveyor $165.00 Senior Project Manager $140.00 Controller $130.00 Project Manager $130.00 CAD Tech $110.00 Administration $90.00 Administrative Assistant $60.00