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HomeMy WebLinkAboutJacobi, Toombs and Lanz, LLC (Street Department) 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: 5/14/2025 Department: Motor Vehicle (Street) Vendor Name: Jacobi,Toombs and Lanz, LLC. Sign Date: 5/14/2025 Ending Date: 10/16/2025 Amount of Original Contract: (not to exceed) $100,000.00 IJ LIIIJ all dIIICllullielIL UI I110116C UIUCI to original contract? Yes or No Amended Contract Amount: Purpose: Professional Services Agreement for 2025-1 CCMG Paving Project For Clerk's Office to fill out Date uploaded to Gateway: III liall 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 th• is Pe day of Mai, , 2025, between the City of Jeffersonville, Indiana, acting thru its duly appointed Bcritrd 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 Works and Safety 500 Quartermaster Court 44 1829 E Spring Street,Suite 201 Jeffersonvill ,IN 47130 New Albany,Indiana 47150 0 (812) 945-9585 U` 0 �^-'y_ MichaeG /tms a By v - ' By Michael Harris(May 6,2025 16:22 EDT) ilze Moore,Mayor Michael C.Harris,PE President /014 b rb Witness Witness Josh Darby(May 6,2025 16: EDT) Josh Darby,PE Director-Construction Services 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 2025-1 Street Paving Project The Owner solicited bids for the CCMG 2025-1 project for which they were awarded$1,014,500.00 by INDOT as a matching grant for$2,029,000.00 worth of surface milling and resurfacing of existing pavement,improvements to the associated pedestrian corridor as required by the Americans with Disabilities Act,pavement patching where necessary,replacement of pavement markings,and drainage improvements. 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 2025-1 Street Paving project.These services will include: • Provide a full-time Owner's Resident Project Representative(Inspector)JTL will provide full-time inspection services throughout the anticipated 6-month construction duration.Inspection services are provided to observe the quality of the construction work and to determine,in general,if the work is proceeding in accordance with the contract documents. The Inspector's observations of the Contractor's Work is for general conformance with the project requirements. JTL shall not,as a result of such observations of the Contractor's Work,supervise,direct,or have control over the Work,nor shall JTL (including the Inspector)have authority over or responsibility for the means,methods,techniques, sequences,or procedures of construction selected or used by any contractor,or the safety precautions and programs incident to the Work or any contractor's work in progress,for security or safety at the Site,nor for any failure of a contractor to comply with Laws and Regulations applicable to such contractor's performing and furnishing of its work.JTL(including the Inspector)neither guarantees the performance of any contractor nor assumes responsibility for the Contractor's failure to furnish and perform the Work 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. Jacobi,Toombs and Lanz,LLC Page 2 of 3 Professional Services Agreement • 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, 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 2025-1 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 hourly billing rates current at the time that work is performed,for a fixed,not to exceed sum of$100,000. The JTL 2024 hourly billing rates have been incorporated herein for reference. The JTL 2025 hourly billing rates will be provided at a later date,once available. 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 Professional Services Agreement Attachment B Terms and Conditions Services Jacobi, Toombs and Lanz, LLC (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 law Project scope of service, schedule, and and customary benefits shall be as established compensation based on available information 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 . Standard Rates is defined as individual time commitments on behalf of JTL. The Client shall multiplied by standard billing rates for that designate a representative with similar authority. individual. Project Requirements The Client shall confirm . Subcontracted services are defined as Project the objectives, requirements, constraints, and • related services provided by other parties to criteria for the Project at its inception. If the Client JTL. has established design standards, they shall be furnished to JTL at Project inception. JTL will • Reimbursable expenses are defined as actual review the Client design standards and may expenses incurred in connection with the recommend alternate standards considering the Project. standard of care provision. Payment Terms JTL shall submit monthly Site Access The Client shall obtain all necessary invoices for services performed and Client shall approvals for JTL to access the Project site(s). pay the full invoice amount within 45 days of the Period of Service JTL shall perform the services invoice date. Invoices will be considered correct for the Project in a timely manner within the if not questioned in writing within 10 days of the standard of care. JTL will strive to perform its invoice date. JTL may be entitled to a 2/o per services according to the Project schedule set month administrative charge in the event of forth in Attachment A. The services of each task payment delay. Client payment to JTL is not shall be considered complete when deliverables contingent on arrangement of project financing. for the task have been presented to and accepted Invoice payment delayed beyond 60 days shall by the Client. give JTL the right to stop work until payments are Compensation In consideration of the services current. Non-payment beyond 90 days shall be performed by JTL, the Client shall pay JTL in the just cause for termination by JTL. manner set forth in Attachment A. The parties Additional Services The Client and JTL acknowledge that terms of compensation are acknowledge that additional services may be based on an orderly and continuous progress of necessary for the Project to address issues that the Project. If delays on the project take place, may not be known at Project initiation or that may JTL shall notify the Client's designated agent of be required to address circumstances that were the nature and cause of the delay and any not foreseen. Other than an emergency, JTL shall additional costs this may create both in the notify the Client through its designated agent, Project cost itself and the compensation due to prior to incurring additional expenses or JTL. The client shall then review the nature and performing additional work, of the need for cause of the delay and additional costs, and the additional services or work that JTL reasonably parties shall separately agree to any extensions believes may be necessary. The Client shall then of time or additional compensation to JTL. review the nature of the additional services, and Payment Definitions The following definitions the payment for such additional services. The shall apply to methods of payment parties shall separately agree on the need for additional services and payment for such additional services. Professional Services Agreement Terms and Conditions Rev 07/30/24 Page B-1 I Professional Services Agreement Attachment B Terms and Conditions Independent Consultant JTL shall serve as an & property damage) independent consultant for services provided $2,000,000 aggregate under this agreement. JTL shall retain control Automobile Liability $1,000,000 combined single over the means and methods used in performing limit for bodily injury and their services and may retain subconsultants to property damage perform certain services as determined by JTL. Professional Liability $1,000,000 each claim and Standard of Care Services provided by JTL will in the aggregate be performed with the care and skill ordinarily exercised by members of the same profession The Client shall make arrangements for Builder's practicing under similar circumstances. JTL will Risk, Protective Liability, Pollution Prevention, not be liable for the cost of any omission that adds and other specific insurance coverage warranted value to the Project. for the Project in amounts appropriate to the Compliance with Laws JTL shall perform its Project value and risks. JTL shall be a named insured on those policies where JTL may be at services within the standard of care and endeavor risk. The Client shall obtain the counsel of others to incorporate laws, regulations, and codes in setting insurance limits for construction applicable at the time the work is performed. In contracts. the event that standards of practice or legal requirements change during the Project, JTL Mutual Waiver of Subrogation To the extent shall promptly notify the Client through its damages are covered by property insurance, JTL designated agent of such changes and any and the client waive all rights against each other additional costs that this may create both in the and against the contractors, consultants, agents, Project cost itself and the compensation due to and employees of the other for damages, except JTL. The Client shall then review the nature and such rights as they may have to the proceeds of cause of the changes and additional costs, and such insurance as set forth specifically in the the parties shall separately agree to any changes Contract Documents. JTL or the Client, as in the Project or additional compensation to JTL. appropriate, shall require of the contractors, Permits and Approvals JTL will assist the Client consultants, agents, and employees of any of in preparing applications and supporting them, similar waivers in favor of the other parties documents for the Client to secure permits and 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 prepared performance of services under the Project. If such damage results in part by the negligence of by JTL for the Project are instruments of service and shall remain the property of JTL. Record another party, JTL shall be liable only to the extent of their proportional negligence. documents of service shall be based on 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 third from any liability that may result from documents party claim unless the claim resulted from the used in this form. JTL shall not be held liable for 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, court additional insured on the Commercial General costs, attorney fees, and related legal expenses. Liability and Automobile Liability policies. Worker's $500,000 per Accident and Compensation $500,000 Policy Limit Commercial General $1,000,000 per occurrence Liability (bodily injury including death I Professional Services Agreement Terms and Conditions Rev 07/30/24 Page B-2 I Professional Services Agreement Attachment B Terms and Conditions 1 Lien Rights JTL may file a lien against the liable for additional costs that the Client may incur Client's property in the event that the Client does beyond the contingency fund they select unless not make payment within the time prescribed in such additional cost results from a negligent act, this agreement. The Client agrees that services error, or omission related to services performed by JTL are considered property improvements by JTL. and the Client waives the right to any legal Contractor Selection JTL may make defense to the contrary. recommendations concerning award of Consequential Damages Neither the Client nor construction contracts and products. The Client JTL shall be liable to the other for any acknowledges that the final selection of consequential damages regardless of the nature construction contractors and products is their sole or fault. responsibility. Environmental Matters The Client warrants they Shop Drawing Review If included in the scope have disclosed all potentially hazardous of service, JTL shall review shop drawing materials that may be encountered on the submittals from the contractor solely for their Project. In the event unknown hazardous conformance with the design intent of and materials are encountered, JTL shall be entitled performance criteria specified for the Project. to additional compensation for appropriate JTL shall not be liable for the performance of or actions to protect the health and safety of its consequential damages of any equipment personnel, and for additional services required to furnished by the contractor under the Project. comply with applicable laws. JTL and the Client Construction Review If included in the scope of acknowledge that unforeseen environmental service, JTL shall observe the progress and matters may arise during the course of the content of the work to determine if the work is Project. The Client shall notify JTL of any proceeding in general accordance with the potential environmental matters of which the Contract Documents. This construction review is Client may be aware, and JTL shall immediately intended to observe, document, and report notify the Client through its designated agent of information concerning the construction process. any environmental matters of which JTL becomes Observation of work at the Project site shall not aware. The parties shall mutually agree to a make JTL responsible for the work performed by course of action, which shall include termination another party, the means, methods, techniques, of the Project. In the case of an emergency, JTL sequences, or procedures selected by another will take appropriate action and immediately party, nor the safety precautions or programs of contact the Client's designated agent. In the another party. event of an emergency, JTL will be compensated Rejection of Work JTL may recommend that the for actual costs and for its services based on the Client reject work by construction contractors that billing rates established in the agreement. does not conform to the requirements of the Cost Opinions The Client and JTL acknowledge Project. that actual costs may vary from the cost opinions Safety JTL shall be responsible solely for the prepared and that JTL offers no guarantee safety precautions or programs of its employees 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 for Information from Other Parties The Client and the Project considering JTL does not furnish JTL acknowledge that JTL will rely on information these services. furnished by other parties in performing its Contingency Fund The Client acknowledges the services under the Project. JTL shall not be liable potential for changes in the work during for any damages that may be incurred by the construction and the Client agrees to include a Client in the use of third-party information. contingency fund in the Project budget appropriate to the potential risks and uncertainties associated with the Project. JTL may offer advice concerning the value of the contingency fund; however, JTL shall not be Professional Services Agreement Terms and Conditions Rev 07/30/24 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 acts conditions shall not constitute a waiver of such of God, acts of war, strikes, accidents, or other provision nor diminish the right of either party to 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 no Severability Any provision of these terms later 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. In within 45 days of either party's written notice such event, the Client and JTL will work in good using a mutually acceptable form of mediated faith to replace an invalid provision with one that dispute resolution, excluding AAA, prior to is valid with as close to the original meaning as exercising their rights under law. JTL shall 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 owner, shareholder, officer, director, partner, an invoice for services performed up to the principal or employee of JTL shall have personal effective date of the work suspension and the liability under this indemnification provision, Client shall pay JTL all outstanding invoices under any provision of the Agreement, or for any within fourteen (14) days. If the work suspension matter in connection with the Professional exceeds thirty (30) days from the effective work Services provided by JTL in connection with the suspension date, JTL shall be entitled to project. renegotiate the Project schedule and the 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 07/30/24 Page B-4 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.