HomeMy WebLinkAboutBig Four Bridge ApprochPROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made this ninth day of September, 2005 by and between KZF
DESIGN INC., hereinafter called KZF, 655 Eden Park Drive, Cincinnati, Ohio 45202 and
CITY OF JEFFERSONVILLE, INDIANA (CLIENT).
The PROJECT shall be described as BIG FOUR BRIDGE APPROACH
NOW, THEREFORE, for an in consideration of the mutual covenants hereinafter contained,
KZF and CLIENT agree as follows:
I. SCOPE OF SERVICES
KZF shall perform the Professional Services as more fully described in the proposal letter
dated August 19, 2005 which is attached hereto and incorporated herein by reference.
II. TIME OF PERFORMANCE
The services to be performed hereunder shall commence upon receipt by KZF of notice to
proceed from CLIENT and shall be completed in accordance with a schedule as described
in the August 19, 2005 proposal letter and as mutually agreed to by CLIENT and KZF.
Ill. CLIENT RESPONSIBILITIES
A. CLIENT designates the following representative authorized to act on
CLIENT's behalf with respect to the Project: THE HONORABLE ROBERT WAIZ
CLIENT Authorized Representative: BILL CLAIBORNE, PROJECT MANAGER
B. The CLIENT shall examine the documents submitted by KZF end will
render decisions pertaining thereto as promptly as possible to avoid unreasonable delay in
the progress of KZF's services.
C. KZF shall identify the project criteria, reports, surveys, site utility drawings,
building plans, and other information required to render the services specified herein.
CLIENT shall provide such information to KZF as is available. The foregoing information,
surveys, reports and drawings shall be furnishi~8 at the CLIENT'S expense, and KZF shall
be entitled to rely upon the accuracy and completeness thereof.
D, Prompt written notice shall be given by CLIENT to KZF if CLIENT becomes
aware of any fault or defect in the Project or non-conformance with the Contract Documents.
IV. COMPENSATION
EDITOR'S NOTE: Select one of the compensation methods (A, B or C) described
below.
A. For Services described herein Compensation shall be as follows:
1. Stipulated sum of TWENTY-FIVE THOUSAND dollars ($25,000.00).
2. KZF shall invoice CLIENT every four (4) weeks for the amounts due for
professional services rendered and expenses incurred to date. CLIENT shall pay
KZF the full amount due within thirty (30) days of receipt of invoice.
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Revised 2/15/05
3. Progress payments shall be based on the percentage of the wo!k complete
at date of invoice.
4. All past due amounts shall bear interest at the rate of one and one-half
percent (1-1/2%) per month compounded monthly. All amounts due KZF shall be
paid whether or not CLIENT makes use of the professional services rendered by
KZF.
¥. INDEMNIFICATION AND INSURANCE
A. KZF and CLIENT shall mutually indemnify and hold harmless the other party and
their representatives, associates and employees from and against all claims and liability due
to activities of the other pad3J, its agents or employees which result from any intentionally
wrongful or negligent act, error, or omission of the other par[y or any person employed by the
other party. KZF and CLIENT shall also hold harmless the other par~y and their
representatives, associates and employees from and against any and all expenses,
including attorney's fees, which might be incurred in litigation or otherwise from claims or
I~abilities which might be imposed as the result of such activities by the other party; its agent
or employees.
B KZF shall, during the performance of Professional Services, maintain the following
insurance:
1. Professional Liability for the period of design and construction of the Project.
Policy limits shall be $2,000,000 per claim with a $2,000,000 policy term aggregate.
2. Workers' Compensation and Employers' Liability per the statutory
requirements of the State of Ohio.
3. Employer's Liability coverage in the following amounts:
a. $100,000,000 each accident
b. $100,000,000 Disease (Policy Limit)
c. $100,000,000 Disease (each employee)
4. Commemial General Liability coverage in the following, amounts:
a. $1,000,000 Personal Injury
b. $1,000,000 Each Occurrence
c. $2,000,000 General Aggregate
d. $2,000,000 Products - Comp/OP Aggregate
5. Automobile Liability coverage of $1,000,000 combined single limit per
occurrence.
VI.
RISK ALLOCATION
A. CLIENT agrees that to the fultest extent permitted by law, KZF's total liability
to CLIENT for any and all injuries, claims, losses, expenses, damages, arising out of
this Agreement from any cause or causes shall not exceed $50,000 or the amount
of KZF's fee, whichever is greater.
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VII.
TERMINATION FOR CONVENIENCE
A. This Agreement may be terminated by either par~y upon seven (7) calendar
days wdtten notice.
B. In the event of termination, KZF shall be paid by the CLIENT for all services
performed to the date of termination. All documents and drawings developed on
behalf of the CLIENT shall remain the property of KZF. Copies of all documents,
including reproducibles, Shall be furnished to the CLIENT at cost.
VIII, MISCELLANEOUS PROVISIONS
A. This Agreement shall be governed by the laws of the State of Indiana.
B. CLIENT and KZF, respectively, bind themselves, their partners, successors,
assigns and legal representatives to the other party to this Agreement and to the
partners, successors, assigns and legal representatives of. such other party with
respect to all covenants of this Agreement. Neither CLIENT nor KZF shall assign
this Agreement without the written consent of the other.
C. This Agreement represents the entire and integrated agreement between
the CLIENT and KZF and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both CLIENT and KZF.
D. KZF shall have no responsibility for the discovery, presence, handling,
removal or disposal of, or exposure of persons to hazardous materials in any form at
the Project site, including but not limited to mold, asbestos, asbestos products,
polychlorinated biphenyt (PCB), or other toxic substances. CLIENT waives any claim
against KZF and agrees to indemnify, defend and hold KZF harmless from any
claim or liability for injury or loss arising from hazardous materials. Hazardous
materials include, but are not limited to, any materials that are known, or suspected
to jeopardize human heatth or safety (including mold), through exposure of any kind.
Such materials shall include but not be limited to those listed in vadous Federal,
state and local laws and regulations.
E. If any provision of this Agreement is held invalid by a court of competent
jurisdiction, it shall be considered deleted from the Agreement, but such invalidity
shall not affect other provisions that can be given effect without the invalid
provisions.
F. All reports, drawings, specifications, field data, calculations, estimates and
other documents prepared by KZF for this Project shall remain the property of KZF.
CLIENT shall be permitted to retain copies, including reproducible copies of the
drawings, specifications and other documents for information and reference in
connection with the CLIENT's use and occupancy of the Project.
G. Notice given hereunder shall be deemed served when in writing and
personally delivered to an officer or other duly appointed representative of the party
to whom the notice is directed, or if sent by registered mail to the addresses set forth
in this Agreement.
H. Neither par~y shall hold the other responsible for damages or delay in
performance caused by acts of God, strikes, lockouts, accidents, or other events
beyond the control of the other or the other's employees and agents.
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it is recognized that neither KZF nor the CLIENT has control over the cost
of labor, materials or equipment, over the Contractor's methods of determining bid
prices, or over competitive bidding, market or negotiating conditions. Accordingly,
KZF cannot and does not warrant or represent that bids or negotiated prices will not
vary from any estimate of Construction Cost or evaluation prepared or agreed to by
KZF,
k. KZF has not been retained or compensated to provide design and
construction review services related to the Contractor's safety precautions or to
means, methods, techniques, sequences or procedures required for the Contractor
to perform his work but not relating to the final or completed structure; omitted
services include but are not limited to shoring, scaffolding, underpinning, temporary
retainment of excavations and any erection methods and temporary bracing.
IN WITNESS WHEREOF the part es hereto have ex~ Ag~ement, the day
and year first above written. ? .,/J ,J
KZF DESIGN , CITY OF/JEFFEFJ~LE, INDIANA
Name: Bill Claiborne
Name: Honorable Robert Waiz
Title: Project Manager
Title: Mayor of Jeffersonville, Indiana
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Engineecing
planning
K Z
August 19, 2005
The Honorable Robert Waiz
Mayor
City of Jeffersonville
City-County Building
501 East Cou~t Ave., Room #404
Jeffersonville, IN 47130
Subject: Proposal for Big Four Approach Concepts
Dear Mayor Waiz,
KZF Design Inc is pleased to submit this Droposal for Amhitectural and Engineering serwces in
response to your telephone conversation with "Tom West on August 18, 2005. The tollowing is our
understanding of the scope of the desired design services along with our p t'oposed schedule and fee.
SCOPE OF SERVICES
KZF Design will provide Conceptual Design Services to develop proposed designs for pedestrian
access to the Big Four Bridge from the Jeffersonville. Indiana end of the bridge to the street level. The
pedestrian access shall include provisions for bicycles. Two concepts will be developed as follows:
Provide elevator and stair access to the bridge from the street level.
Provide an ADA compliant ramp system and stair access to the bridge from the street level.
Plans and elevations .will be developed for each concept. From the plans and elevations a computer
generated 3 Dimensional Color Rendering of each concept will be developed.
Estimates of Probable Project Costs will be developed for each concept. The Project Cost Estimate
will inctude allowances for additional engineering and consulting services as well as recommended
contingencies for unknowns and the level of design development completad.
Preliminary Conceptual Design
To prepare the conceptual design we have included the time for a design Mick-off meeting with you and
your representatives to discuss the requirements and desires for the Pedestrian Access. From this we
will develop preliminary concepts in plan and elevation view format. A preliminary conceptual design
KZF DESIGN INC. 655 Eden Park Drive Cincinnati, OH 45202-~000
TEL 513 621 621~ FAX 513 621 6530 WES www.kzf.corn
KZF Design ~ ptop{3sal for Big Four Approach Concepts t Page 2 of 3
review meeting will be scheduled to present the preliminary conceptual designs. Cost estimates will
not be prepared at this time.
Final Conceptual Design
Comments and revisions wilt be incorporated into the Final Conceptual Dee,igns and the 3 Dimensional
Renderings will be created. Cost estimates will be prepared for each of the, concepts.
Five copies of the final drawings, renderings and cost estimates will be provided to the City, The final
drawings and renderings will be provided to the City in electronic format so that you may produce
additional copies as needed.
Assumptions to Scope
The existing Big Four Bridge drawings that KZF has access to will be utilized for
establishing the existing bridge conditions. No detailed field work or development of
built drawings is included in this proposal.
Existing available site topographical information will be utilized to develop site plan
information such as topography, site features and utilities. Tills information will be
provided by the City of Jeffersonville. A land survey is not included in the scope of this
project.
No geotechnical reseamh, soil boring or information is included in this proposal. The
cenceptuat design will rely on the existing bridge drawings arid available site information,
Geotechnical assumptions consistent with this information will be incorporated into the
conceptual design.
No environmental survey is included in this proposal. We will coordinate with the City
and should known or suspected environmental concerns be identified suitable
contingencies for potential environmental concerns can be incorporated into the Project
Cost Estimate.
SCHEDULE
We propose to perform these services within 4 weeks of receipt of Notice to Proceed. If Notice to
Proceed is by September 2, 2005 we can begin work immediately. The fei lowing is a st of activities
and durations to complete the effort within the 4 week period.
Activib/
Receive Notice to Proceed
Design Kick-off Meeting
Preliminary Concept Design Review Meeting
Submit Final Conceptual Desiqn
Total
Duration (Calendar Days)
3
14
11
28
KZF DESIGN iNC. 655 Eden Park Drive Cincinnati, OH 45202-6000
TEL 513621 6211 FAX 513621 6530 WES www,kzf.com
KZF Design I Proposal for Big Four Approach Concel3ts Page 3 of 3
FEE
We propese for perform this effort for the Lump Sum Fixed Price Fee amoumt of $25,000.
it is our understanding that a third conceptual scheme might be desired. Should a third scheme be
desired, we can develop a third scheme following the same process above and within the same time
period for the additional Lump Sum Fixed Price Amount of $8,000,
For this effort KZF recommends utilizing AIA B151, Abbreviated Standard Form of Agreement
Between Owner and Architect as a form of agreement. Should the City ha,/'e some other required form
of agreement please forward a copy for our review.
We are excited about the opportunity to work with the City of Jeffersonvilte ~3n your plans for the bridge
and watedront development. Should you have any questions please feel free to contact me at your
earliest convenience.
Sincerely,
KZF Design Inc.
Bill S. Claiborne
Project Manager
KTFDESIGN ~NC. 655 Eden Park Drive Cincinnati, OH 45202-6000
TEL 513 621 6211 FAX 513 621 6530 WEE www,kzf.com