HomeMy WebLinkAboutContract - Jacobi, Toombs & Lanz
JTL Job No. 0720
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Professional Engineering Services Agreement
For The
Blanchel Terrace Combined Sewer Separation Project
Design & Construction Supervision
Jeffersonville, Indiana
This is an agreement made as of this 3rd day of April, 2007, between The City of Jeffersonville, Indiana,
acting thru its duly appointed Sewer Board (OWNER) and Jacobi, Toombs, and Lanz, Inc.
(CONSULTANT) a firm of Professional Engineers, Surveyors and GIS Specialists.
OWNER hereby retains CONSULTANT to perform services as described in Attachment A.
CONSULTANT agrees to perform the services in consideration of the compensation described in
Attachments Band C in accordance with the terms described in Attachment D.
This Agreement consists of this document together with Attachment A - Project Requirements,
Attachment B - Fee Schedule, Attachment C - Hourly Billing Rates, and Attachment D - Terms and
Conditions. This agreement between the OWNER and CONSULTANT supercedes 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 acknowledge 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.
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OWNER:
CONSULTANT:
Jacobi, Toombs, and Lanz
120 Bell Avenue
Clarksville, Indiana 47129
(812) -6646
By
By
By
By
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Professional Services Agreement
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JTL Job No. 0720
Professional Services Agreement
Attachment A: Project Requirements
1. Project Description and Required Engineering Services
The purpose of this project is to replace the existing sanitary sewers in Blanchel Terrace, and construct
separate storm sewers to eliminate Combined Sewer Overflow (CSO) # 14. The elimination of this CSO is
on the list of Early Action Projects (EAP's) IN THE City's Combined Sewer Long Term Control Plan
(CSOL TCP).
The Design Phase of this project will be funded by local funds, and the Construction Phase may be
funded by SRF funds.
The pre-design estimated construction cost of this project is $ 425,000.
2. Scope of Engineering Services
The Consultant shall provide the following:
I. Survey and DesiQn
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5.
Topographic Survey of improvement route.
Internal Television Inspection (TVI) of the existing sanitary sewers to
assess their condition, locate service connections, and evaluate whether
to rehabilitate or replace the lines.
Design, preparation of plans, specifications, contract documents.
Preparation of any Easement plats and descriptions that may be
necessary for the project.
Coordination with the Owner, and the Indiana Department of
Environmental Management (IDEM), including preparation and submittal
of any permit applications that may be required.
6. Manage Geotechnical Investigation (cost not included) as required.
7. Assist the Owner in bidding the work, analyze Contractor bids received,
make award recommendation.
II. Construction Observation
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1. Provide one (1) full-time inspector and assistant personnel as required to
ascertain that the project is constructed in accordance with the contract
documents.
Professional Services Agreement
JTL Job No. 0720
2. Review shop drawings submitted by the Contractor, Contractor payment
requests.
3. Address Contractor questions, work out problems that may arise.
4. Report to the Owner on a monthly basis.
5. Preparation and negotiation of change orders.
3. Project Schedule
Survey and Design Services shall commence upon receipt of a signed contract and notice-to-proceed,
and shall be completed within one hundred and twenty (120) calendar days.
Construction Observation Services shall be provided during construction, tentatively scheduled to
commence Fall 2007.
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Professional Services Agreement
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JTL Job No. 0720
Professional Services Agreement
Attachment B: Fee Schedule
The Consultant shall receive as payment for the work performed under this agreement the following fees:
For Item 2.1., Survey and Design, as described in Attachment 'A' of this Agreement, compensation shall
be based on Standard Rates, Subcontracted Services, and Reimbursable Expenses, all as defined in
Attachment '0', based on the hourly rates as defined in Attachment 'C', with a not-to-exceed budget of
forty three thousand five hundred dollars ($ 43,500.00). The approximate estimated not-to-exceed cost of
each task outlined in Attachment A, Section 2. Scope of Engineering Services is as follows:
2.1.1............................................. $ 5,500
2.1.2............................................. $ 3,000
2.13........ ..... ....... ..... ...... ......... .... $ 30,500
2.1.4. .... ......... .... ..... .... ... ....... ........ $ 2,000
2.1. 5.. .. .. .. .. . .. .. .. .. . .. .. . .. .. . . .. . . .. . .. .. ... $ 1,000
2.1. 6. . . .. .. .. . .. .. . . . . .. .. . .. .. .. . .. .. . .. . .. .. ... $ 1,500
These estimates are for the purpose of budget-tracking only. The CONSULTANT shall not exceed the
total not-to-exceed amount of $ 43,500.00, unless approved by the OWNER.
For Item 2.11., Construction Observation, as described in Attachment 'A' of this Agreement,
compensation shall be based on Standard Rates, Subcontracted Services, and Reimbursable Expenses,
all as defined in Attachment '0', based on the hourly rates as defined in Attachment 'C', with a not-to-
exceed budget of thirty-two thousand dollars ($ 32,000.00).
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Professional Services Agreement
JTL Job No. 0720
Professional Services Agreement
Attachment C: Hourly Billing Rates
JACOBI, TOOMBS AND LANZ, INC.
2007
*HOURL Y
SYMBOL CLASSIFICATION BILLING RATE
SE Senior Engineer/Principal (P.E) 130.00
PM Project Manager (P.E) no.oo
PE Project Engineer (P.E) 95.00
DE Design Engineer (P.E.) 80.00
DT Detail Engineer (ELT.) 62.50
DTI Detail Engineer (ELT.) 55.00
EA Engineer Assistant 50.00
EA2 Engineer Assistant (in training) 35.00
LS Land Surveyor (licensed) 75.00
LAS Land Acquisition Specialist 55.00
CGM CADD/GIS Manager 92.50
CM CADD Manager 65.00
GIS GIS Technician 55.00
CT CADD Technician/Draftsperson 50.00
CD CADD Designer 60.00
SM Survey Manager (P.E./P.LS.) 92.50
SC Survey Chief (Not Registered) 55.00
ST Survey Technician 45.00
SA Surveyor Assistant 35.00
FC2 2~ Man Field Crew 100.00
FC3 3~ Man Field Crew 140.00
RCM Resident Construction Manager 65.00
RP Resident Construction Representative 57.50
RI Resident Inspector 50.00
CL Clerical 40.00
GPS GPS Equipment, Robotic Total Station 50.00
EXP Mileage ~ Per Mile 0.34
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* Overtime is charged at 1.5 times the regular billing rate.
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JTL Job No. 0720
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Professional Services Agreement
Attachment D: Terms & Conditions
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Services Jacobi, Toombs and Lanz, Inc. (JTL) will
perform services for the Client with these Terms &
Conditions. JTL has developed the Project scope of
service, schedule, and compensation based on
available information and various assumptions. The
Client acknowledges that adjustments to the schedule
and compensation may be necessary based on the
actual circumstances encountered by JTL in
performing their services.
Authorized Representatives The officer assigned to
the Project by JTL is the only authorized
representative to make decisions or commitments on
behalf of JTL. The Client shall designate a
representative with similar authority.
Project Requirements The Client shall confirm the
objectives, requirements, constraints, and criteria for
the Project at its inception. If the Client has
established design standards, they shall be furnished
to JTL at Project inception. JTL will review the Client
design standards and may recommend alternate
standards considering the standard of care provision.
Site Access The Client shall obtain all necessary
approvals for JTL to access the Project site(s).
Period of Service JTL shall perform the services for
the Project in a timely manner consistent with sound
professional practice. JTL will strive to perform its
services according to the Project schedule set forth in
Attachment C. The services of each task shall be
considered complete when deliverables for the task
have been presented to the Client. JTL shall be
entitled to an extension of time and compensation
adjustment for any delay beyond JTL control.
Compensation In consideration of the services
performed by JTL, the Client shall pay JTL in the
manner set forth in Attachment B. The parties
acknowledge that terms of compensation are based
on an orderly and continuous progress of the Project.
Compensation shall be equitably adjusted for delays
or extensions of time beyond the control of JTL.
Payment Definitions The following definitions shall
apply to methods of payment:
. Salary cost is defined as the individuals base
salary plus customary and statutory benefits.
Statutory benefits shall be as prescribed by law
and customary benefits shall be as establisred
by JTL employment policy.
. Cost plus is defined as the individuals base
salary plus actual overhead plus professional fee.
Overhead shall include customary and statutory
benefits, administrative expense, and non-project
operating costs.
. Lump sum is defined as a fixed price amount for
the scope of services described.
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. Standard Rates is defined as individual time
multiplied by standard billing rates for that
individual.
. Subcontracted services are defined as Project
related services provided by other parties to JTL
. Reimbursable expenses are defined as actual
expenses incurred in connection with the Project.
Payment Terms JTL shall submit monthly invoices
for services performed and Client shall pay the full
invoice amount within 30 days of the invoice date.
Invoices will be considered correct if not questioned in
writing within 10 days of the invoice date. JTL shall be
entitled to a 2% per month administrative charge in
the event of payment delay. Client payment to JTL is
not contingent on arrangement of project financing.
Invoice payment delayed beyond 60 days shall give
JTL the right to stop work until payments are current.
Non-payment beyond 70 days shall be just cause for
termination by JTL.
Additional Services The Client and JTL
acknowledge that additional services may be
necessary for the Project to address issues that may
not be known at Project initiation or that may be
required to address circumstances that were not
foreseen. In that event, JTL shall notify the Client of
the need for additional services and the Client shall
pay for such additional services in an amount and
manner as the parties may subsequently agree.
Independent Consultant JTL shall serve as an
independent consultant for services provided under
this agreement. JTL shall retain control over the
means and methods used in performing their services
and may retain subconsultants to perform certain
services as determined by JTL.
Standard of Care Services provided by JTL will be
performed with the care and skill ordinarily exercised
by members of the same profession practicing under
similar circumstances. JTL will not be liable for the
cost of any omission that adds value to the Project.
Compliance with Laws JTL shall perform its services
consistent with sound professional practice and
endeavor to incorporate laws, regulations, codes, and
standards applicable at the time the work is
performed. In the event that standards of practice
change during the Project, JTL shall be entitled to
additional compensation where additional services
are needed to conform to the standard of practice.
Permits and Approvals JTL will assist the Client in
preparing applications and supporting documents for
the Client to secure permits and approvals from
agencies having jurisdiction over the Project. The
Client agrees to pay all application and review fees.
Ownership of Documents Documents prepared by
JTL for the Project are instruments of service and
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shall remain the property of JTL. Record documents
of service shall be based on the printed copy. JTL will
furnish documents electronically, however the Client
releases JTL from any liability that may result from
documents used in this form. JTL shall not be h~ld
liable for reuse of documents for any purpose other
than those intended under the Project.
Insurance JTL will maintain the following insurance
and coverage limits during the period of service. The
Client will be named as an additional insured on the
Commercial General Liability and Automobile Liability
policies.
Worker's Compensation
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$500,000 per Accident
and $500,000 Policy Limit
$1,000,000 per
occurrence (bodily injury
including death &
property damage)
$2,000,000 aggregate
$1,000,000 combined
single limit for bodily
injury
and property damage
$500,000 each claim and
in the aggregate
The Client shall make arrangements for Builder's
Risk, Protective Liability, Pollution Prevention, and
other specific insurance coverage warranted for the
Project in amounts appropriate to the Project value
and risks. JTL shall be a named insured on those
policies where JTL may be at risk. The Client shall
obtain the counsel of others in setting insurance limits
for construction contracts.
Waiver of Subrogation JTL shall endeavor to obtain
a waiver of subrogation against the Client, if
requested in writing by the Client, provided that JTL
will not increase its exposure to risk and Client will
pay the cost associated with any premium increase or
special fees.
Indemnification JTL shall indemnify the Client from
any reasonable damages caused solely by the
negligent act, error, or omission of JTL in the
performance of services under the Project. If such
damage results in part by the negligence of another
party, JTL shall be liable only to the extent of their
proportional negligence.
Limitation of Liability In recognition of the relative
risks and benefits of the project to both the Client and
JTL, the risks have been allocated. The Client agrees
to limit the liability of JTL for all claims related to the
Project at $50,000 or the net income realized by JTL
for the Project, whichever is greater.
Third Party Claims The Client will compensate JTL
for services performed in defense of any third party
claim unless the claim resulted from the negligent act,
error or omission of JTL.
Legal Expense In the event that either party takes
legal action against the other that is not prosecuted, is
dismissed, or if the decision is rendered for the other
Commercial General
Liability
Automobile Liability
Professional Liability
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JTL Job No. 0720
party, the party taking legal action agrees to pay the
other their attorney fees, court costs, and defense
expenses within 30 days of the court action.
Lien Rights JTL may file a lien against the Client's
property in the event that the Client does not make
payment within the time prescribed in this agreement.
The Client agrees that services by JTL are considered
property improvements and the Client waives the right
to any legal defense to the contrary.
Consequential Damages Neither the Client nor JTL
shall be liable to the other for any consequential
damages regardless of the nature or fault.
Environmental Matters The Client warrants they
have disclosed all potential hazardous materials that
may be encountered on the Project. In the event
unknown hazardous materials are encountered, JTL
shall be entitled to additional compensation for
appropriate actions to protect the health and safety of
its personnel, and for additional services required to
comply with applicable laws. The Client shall
indemnify JTL from any claim related to hazardous
materials encountered on the Project except for those
events caused by negligent acts of JTL.
Cost Opinions JTL shall prepare cost opinions for
the Project based on historical information that
represents the judgment of a qualified professional.
The Client and JTL acknowledge that actual costs
may vary from the cost opinions prepared and that
JTL offers no guarantee related to the Project cost.
Independent Counsel The Client agrees to obtain
independent legal and financial counsel for the
Project considering JTL does not furnish these
services.
Contingency Fund The Client acknowledges the
potential for changes in the work during construction
and the Client agrees to include a 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 liable for
additional costs that the Client may incur beyond the
contingency fund they select unless such additional
cost results from a negligent act, error, or omission
related to services performed by JTL.
Contractor Selection JTL may make
recommendations concerning award of construction
contracts and products. The Client acknowledges
that the final selection of construction contractors and
products is their sole responsibility.
Shop Drawing Review If included in the scope of
service, JTL shall review shop-drawing submittals
from the contractor solely for their conformance with
the design intent of and performance criteria specified
for the Project. JTL shall not be liable for the
performance of or consequential damages of any
equipment furnished by the contractor under the
Project.
Construction Review If included in the scope of
service, JTL shall observe the progress and content
of the work to determine if the work is proceeding in
general accordance with the Contract Documents.
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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 JTL responsible for the
work performed by another party, the means,
methods, techniques, sequences, or procedures
selected by another party, nor the safety precautions
or programs of another party.
Rejection of Work JTL may recommend that the
Client reject work by construction contractors that
does not conform to the requirements of the Project.
Safety JTL shall be responsible solely for the safety
precautions or programs of its employees and no
other party.
Information from Other Parties The Client and JTL
acknowledge that JTL will rely on information
furnished by other parties in performing its services
under the Project. JTL shall not be liable for any
damages that may be incurred by the Client in the use
of third party information.
Construction Record Drawings If included in the
scope of service, JTL will deliver drawings to the
Client incorporating information furnished by
construction contractors. In that construction record
drawings are based on information provided by
others, JTL cannot and does not warrant their
accuracy.
Force Majeure Neither party will hold the other
responsible for damages or delay caused by Acts of
God, acts of war, strikes, accidents, or other events
beyond the other's control.
Dispute Resolution The Client and JTL agree that
they shall diligently pursue resolution of all
disagreements within 45 days of either party's written
notice using a mutually acceptable form of mediated
dispute resolution prior to exercising their rights under
law. JTL shall continue to perform services for the
Project and the Client shall pay for such services
during the dispute resolution process unless the
Client issues a written notice to suspend work.
Suspension of Work The Client may suspend
services performed by JTL with cause upon fourteen
(14) days written notice. JTL shall submit an invoice
for services performed up to the effective date of the
work suspension and the Client shall pay JTL all
outstanding invoices within fourteen (14) days. If the
work suspension exceeds thirty (30) days from the
effective work suspension date, JTL shall be entitled
to 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
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JTL Job No. 0720
and that the amount withheld represents a reasonable
value.
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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 any provision of these terms and
conditions shall not constitute a waiver of such
provision nor diminish the right of either party to
the remedies of such provision.
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JTL Job No. 0720
Warranty JTL warrants that they will deliver
products under the Project within the standard of
care. JTL provides no other expressed or
implied warranty.
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, the Client 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 the
Client and JTL shall survive the completion or
termination of services for the Project.
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