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Home My WebLink AboutContract Jacobi, Toombs & Lanz 12-28-1999 'D'1DB5Q5 r\ AGREEMENT BETWEEN THE CITY OF JEFFEl{SONVILLE, INDIANA AND JACOBI, TOOMBS AND LANZ, INC. TO DESIGN THE SANITARY SEWER EXTENSION TO SERVE ANNEXATION AREA 4 This agreement entered into this ~rI1 day of Dec.~J41kJ..e,v , 1999, by and between the City of Jeffersonville, Indiana; acting through the Board of Public Works and Safety, hereinafter called the OWNER, and Jacobi, Toombs and Lanz, Inc., a firm of Professional Engineers, hereinafter called the ENGINEER, WITNESSETH WHEREAS, the OWNER desires to extend its sanitary sewer collection system to serve Annexation Area 4 (as shown on the. two (2) attached drawings), located in the area of Charlestown-New Albany Pike and Hamburg Pike, and, WHEREAS, the ENGINEER is a fIrm of Professional Engineers qualifIed to plan, design and prepare the necessary construction documents to enable the OWNER to construct said sanitary sewer extensions, NOW, therefore, in consideration of the mutual covenants herein contained, the parties hereto mutually agree as follows: A. BASIC SERVICES OF THE ENGINEER 1. The ENGINEER agrees to compile all of the pertinent technical information to plan the required sanitary sewer collection system extensions. 2. The ENGINEER will perform all topographic surveys required for design, and property surveys that may be required for easement and property acquisition. 3. The ENGINEER will perform all necessary designs, prepare and submit all required regulatory agency permit applications, and prepare construction plans and specifIcations, and contract documents. 4. The ENGINEER shall assist the OWNER.in the procurement of contractor bids, attend bid opening, analyze bids, and make recommendations to the OWNER as to the best, lowest qualifIed bidder. 5. The ENGINEER shall attend all meetings, private and public, that may be required during the design phase of the project. 6. The ENGINEER shall provide full time resident inspection during construction. (n ,8708(2)\.~=m"nl(2). "'l,JI.m I Page 1 of 6 B. RESPONSmnJTIES OF THE OWNER I I 1. The OWNER agrees to provide the ENGINEER with all pertinent information and data that may be required. (' 2. The OWNER shall provide all legal serVIces that may be required for the development of the project. 3. The OWNER shall guarantee access to enter upon private and public lands as required by the ENGINEER to perform his work. C. COMPENSATION TO THE ENGINEER 1. The ENGINEER agrees to complete all of the surveying, design, plans and specifications, and contract documents I as described in paragraphs A.l thru A. 5, for a lump sum fee of forty two thousand eight hundred thirty two dollars and no cents ($42,832.00). 2. The ENGINEER agrees to provide full time construction inspection on an hourly basis, based on the attached hourly rates, Exhibit 'A'. 3. Invoices for the work performed shall be submitted no oftener than once per month. D. COMPLETION SCHEDULE r 1. The ENGINEER shall complete all surveys, design, plans and specifications, and contract documents, and obtain contractor bids within 180 calendar days from issuance of Notice-to-Proceed. E. DRUG-FREE WORKPLACE The ENGINEER hereby covenants and agrees to make a good faith effort to provide and maintain, during the term of this agreement, a drug-free workplace. A Drug-Free Workplace certification is included in Exhibit 'B'. F. NON-DISCRIMINATION Pursuant to I.e. 22-9-1-10, the ENGINEER shall not discriminate against any employee or applicant for employment, to be employed in the performance of the work under this agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any other matter directly or indirectly related to employment, because of race, color, religion, sex, handicap, national origin, or age. Breach of this covenant may be regarded as a material breach of the agreement. r f1\ :87{)8(2)\"~rc.."C'mt'l1t (21. wrJl_l1l] Page 2 of 6 IN WITNESS WHEREOF, the parti~s hereto have executed this Agreement this Z<t-#fday of {''\ t)e~Mlo-ev , 1999. ENGINEER: {\ r\, fn ,8708(2)\ogree..onl(2).wpdi'" I Page 3 of 6 OWNER: /fJ;J~ Robert Goldman, Member 9~ / /17~~ Robert L. Miller, Member ~7r:~- U €\ I . EXHIBIT 'A' JACOBI, TOOMBS AND LANZ, INC. HOURLY RATES MARCH 22, 1999 SYMBOL CLASSIFICATION HOURLY RATE , (SE) Senior Engineer (p.E.) 100.00 (PM) Project Manager (p.E.) 80.00 (PE) Project Engineer (p.E.) 75.00 (DE) Design Engineer (p.E.) 65.00 (DT) Detail Engineer (E.I. T.) 55.00 (EA) Engineer Assistant (E. I. T.) 40.00 (LS) Land Surveyor (Registered) 50.00 (\ (CM) Cadd Manager 50.00 (CT) Cadd T echnicianlDraftsperson 40.00 (SC) Survey Chief (Not Registered) 40.00 (ST) Survey Technician (Instrumentman) 35.00 (FC) 2-Man Field Crew 75.00 (RP) Resident COIlStruction Representative 45.00 - (Rl) Resident Inspector 35.00 (CL) Clerical 32.00 r 6,8708 (Zl"'grremcnl(2). "'PJI.l1ll Page 4 of 6 EXHIBIT 'B' r\ STATE OF INDIANA DRUG-FREE WORKPLACE CERTIFICATION I I Pursuant to Executive Order No. 90~5, April 12, 1990, issued by Governor Evan Bayh, the Indiana Department of Administration requires the inclusion of this certification in all contracts with and grants from the State of Indiana in excess of $ 25,000. No award of,," contract or a grant shall be made, and no contract, purchase order or agreement, the total amount of which exceeds $ 25,000, shall be valid unless and until this certification has been fully executed by the Contractor or Grantee and attached to the contract or agreement as pan of the contract documents. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of contract payments, termination of the contract or agreement and/or debarment of contracting opportunities with the S~te for up to three (3) years. The Contractor/Grantee certifies and agrees that it will provide a drug-free workplace by: a. Publishing and providing to all of its employees a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; and b. Establishing a drug-free awareness program to inform employees about (1) the dangers of drug abuse in the workplace; (2) the Contractor's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon any employee for drug abuse violations occurring in the workplace; c. Notifying all employees in the statement required by subparagraph (a) above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; d. Notifying in writing the contracting State Agency and the Indiana Department of Administration within ten (10) days after receiving notice from a:p. employee under subdivision ~ (2) above, or otherwise receiving actual notice of such conviction; e. Within thirty (30) days after receiving notice under subdivision iO (2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel action against the employee, up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; and f. Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs (a) through (c) above. THE UNDERSIGNED AFFIRMS, UNDER PENALTIES OF PERJURY, THAT HE OR SHE IS AUTHORIZED TO EXECUTE THIS CERTIFICATION ON BEHALF OF THE DESIGNATED ORGANIZATION. e:>10~ S -2-3 Contract/Grant ID Number Date /t//~1/~7 . Toombs, Jr., Vice Pre' Printed Name and Title fn,S708(2)\.grc"",cnl(2l. .."JI"., I Page 5 of 6 o STATE OF INDIANA COUNTY OF Clark } SS: The undersigned, being duly sworn on oath says, that he is the contracting party, or that he is the representative, agent, member, or officer ofthe contracting party, that he has not, nor has any other member, employee, representative, agent or office of the firm, company, corporation or partnership represented by him, directly or indirectly, entered into or offered to enter into any combination, collusion or agreement to receive or pay, ant that he has not received or paid, any sum of money or other consideration for the execution of the annexed contract other than that which appears upon the face of the contract. Signature Title Vice President Company Jacobi. Toombs and Lanz, Inc. Before me, a Notary Public in and for said County and State personally appeared, JOhf1/-/.7nnJ77ffl, 1r., who acknowledged the truth of the statements in the foregoing affidavit on this <:::2 7+1, day of Dp('fJ mhPr , 19QQ. r\ r\ [n,87081Z)\og=numL(Z). wpJj.", I Page 6 of 6 Map 1 LOCATION MAP ANNEXATION AREA q . E AREA COMPARABL .O&TM , JfFFERSONV1LLE CITY of INDIANA El.OPMEl' F REDEV DEPARTMENT 0 4 ~ ('" ". I, > ~.' # ~ .// .~. .. . z J ~ g ~ I g . ...- · ~ V 8 ~ ....~~~.:S"; ...({ . /~' v/~v /X\,~ ~ ..,,~..- /. , /./ ~~ ANNEXATION AREA 4 (' Department of Redevelopment City of Jeffersonville Area 4 Boundary i: So o I 1000 2000 I - Map 4 EXISTING .FIRE HYDRANTS . Fire Hydrant Location EXHIBIT C