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HomeMy WebLinkAboutJTL (Contract for New Chapel Sidewaks Phase III) 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: ;"1 I Department: 10'441,(J Lowe Vendor Name: �JwW )04" I b---v/l(2S \I /A100 Sign Date: / 5 Ending Date: I •2Li t Amount of Original Contract: I 17-1 90 Is this an amendment or change order to original contract? Yes or O Amended Contract Amount: Purpose: Maft( Nat; Tha/Ca For Clerk's Office to fill out Date uploaded to Gateway: /3//� i ' / Jacobi,Toombs and Lanz,Inc. 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 this , iiday of\ Ui.,U, 2023,between the City of Jeffersonville, Indiana, acting thru its Board of Public Works and afety and Redevelopment Commission (OWNER) and Jacobi,Toombs and Lanz, Inc. (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, Inc. Board of Public Works and Safety 1829 E Spring Street,Suite 201 And Redevelopment Commission 500 Quartermaster Court New Albany,Indiana 47150 Jeffersonville,IN 47130 (812)9 5 0 • ,, By I. air----A-- By ' -� . •ut o '--d Representative Michael C. Harris,PE `\ President Witness i jit . Witness Josh Darby,PE,As date Jacobi,Toombs and Lanz,Inc. Page 1 of 3 Professional Services Agreement Professional Services Agreement Attachment A Project Requirements Consultant: Jacobi,Toombs&Lanz,Inc. Project Description: The project consists of the construction of a new sidewalk along the south side of New Chapel Road from Sundancer to Gottbrath Parkway. Also included is road widening with installation of curb and gutter and sidewalk on both sides of New Chapel Road from Gottbrath Parkway to Utica-Sellersburg Road, installation of storm sewers and water utility main. Scope of Services Included: Jacobi,Toombs and Lanz,Inc.(CONSULTANT)shall provide the following Professional services for the project: Full Time Construction Administration and Inspection services for the New Chapel Sidewalk Phase 3 and Road Widening project.These services will include. • Provide a full time Owner's Resident Project Representative(Inspector)who will remain on-site to observe the Contractor's Construction Activities to ensure that all items are being performed and constructed 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. • 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. Jacobi,Toombs and Lanz,Inc. Page 2 of 3 Professional Services Agreement • 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 New Chapel Sidewalk Phase 3 and Road Widening project has been defined as 120 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 2023 hourly billing rates incorporated herein for reference,for a fixed,not to exceed sum of$112,500. 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,Inc. Page 3 of 3 Professional Services Agreement Professional Services Agreement Attachment B -Terms and Conditions Services Jacobi, Toombs and Lanz, Inc. (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 Project scope of service, schedule, and law and customary benefits shall be as compensation based on available information established 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 commitments on behalf of JTL. The Client shall • Standard Rates is defined as individual time designate a representative with similar authority. multiplied by standard billing rates for that Project Requirements The Client shall confirm individual. the objectives, requirements, constraints, and • Subcontracted services are defined as criteria for the Project at its inception. If the Project-related services provided by other Client has established design standards, they parties to JTL. shall be furnished to JTL at Project inception. • Reimbursable expenses are defined as actual JTL will review the Client design standards and expenses incurred in connection with the may recommend alternate standards Project. considering the standard of care provision. Payment Terms JTL shall submit monthly Site Access The Client shall obtain all invoices for services performed and Client shall necessary approvals for JTL to access the pay the full invoice amount within 45 days of the Project site(s). invoice date. Invoices will be considered correct Period of Service JTL shall perform the if not questioned in writing within 10 days of the services for the Project in a timely manner within invoice date. JTL may be entitled to a 2% per the standard of care. JTL will strive to perform month administrative charge in the event of its services according to the Project schedule payment delay. Client payment to JTL is not set forth in Attachment A. The services of each contingent on arrangement of project financing. task shall be considered complete when Invoice payment delayed beyond 60 days shall deliverables for the task have been presented to give JTL the right to stop work until payments and accepted by the Client. are current. Non-payment beyond 90 days shall Compensation In consideration of the services be just cause for termination by JTL. performed by JTL, the Client shall pay JTL in the Additional Services The Client and JTL manner set forth in Attachment A. The parties acknowledge that additional services may be acknowledge that terms of compensation are necessary for the Project to address issues that based on an orderly and continuous progress of may not be known at Project initiation or that the Project. If delays on the project take place, may be required to address circumstances that JTL shall notify the Client's designated agent of were not foreseen. Other than an emergency, the nature and cause of the delay and any JTL shall notify the Client through its designated additional costs this may create both in the agent, prior to incurring additional expenses or Project cost itself and the compensation due to performing additional work, of the need for JTL. The client shall then review the nature and additional services or work that JTL reasonably cause of the delay and additional costs, and the believes may be necessary. The Client shall parties shall separately agree to any extensions then review the nature of the additional services, of time or additional compensation to JTL. and the payment for such additional services. Payment Definitions The following definitions The parties shall separately agree on the need shall apply to methods of payment: for additional services and payment for such additional services. JTL Terms and Conditions 06/06/23 Page 1 of 4 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 perform certain services as determined by JTL. property damage Standard of Care Services provided by JTL will Professional Liability $1,000,000 each claim and be performed with the care and skill ordinarily in the aggregate exercised by members of the same profession The Client shall make arrangements for practicing under similar circumstances. JTL will Builder's Risk, Protective Liability, Pollution not be liable for the cost of any omission that Prevention, and other specific insurance adds value to the Project. coverage warranted for the Project in amounts Compliance with Laws JTL shall perform its appropriate to the Project value and risks. JTL services within the standard of care and shall be a named insured on those policies endeavor to incorporate laws, regulations, and where JTL may be at risk. The Client shall codes applicable at the time the work is obtain the counsel of others in setting insurance performed. In the event that standards of limits for construction contracts. practice or legal requirements change during the Mutual Waiver of Subrogation To the extent Project, JTL shall promptly notify the Client damages are covered by property insurance, through its designated agent of such changes JTL and the client waive all rights against each and any additional costs that this may create other and against the contractors, consultants, both in the Project cost itself and the agents, and employees of the other for compensation due to JTL. The Client shall then damages, except such rights as they may have review the nature and cause of the changes and to the proceeds of such insurance as set forth additional costs, and the parties shall separately specifically in the Contract Documents. JTL or agree to any changes in the Project or additional the Client, as appropriate, shall require of the compensation to JTL. contractors, consultants, agents, and employees Permits and Approvals JTL will assist the of any of them, similar waivers in favor of the Client in preparing applications and supporting other parties enumerated herein. documents for the Client to secure permits and Indemnification JTL shall indemnify the Client approvals from agencies having jurisdiction over from any reasonable damages caused by the the Project. The Client agrees to pay all negligent act, error, or omission of JTL in the application and review fees. performance of services under the Project. If Ownership of Documents Documents such damage results in part by the negligence of prepared by JTL for the Project are instruments another party, JTL shall be liable only to the of service and shall remain the property of JTL. extent of their proportional negligence. Record documents of service shall be based on Third Party Claims The Client will compensate the printed copy. JTL will furnish documents JTL for services performed in defense of any electronically, however, the Client releases JTL third party claim unless the claim resulted from from any liability that may result from documents the negligent act, error or omission of JTL. used in this form. JTL shall not be held liable for Legal Expense In the event legal action reuse of documents for any purpose other than becomes necessary to enforce the provisions of those intended under the Project. this agreement, neither party shall be entitled to Insurance JTL will maintain the following recover the costs of legal action against the insurance and coverage limits during the period opposing party, including, but not limited to, of service. The Client will be named as an court costs, attorney fees, and related legal additional insured on the Commercial General 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 JTL Terms and Conditions 06/06/23 Page 2 of 4 Professional Services Agreement Attachment B -Terms and Conditions Lien Rights JTL may file a lien against the incur beyond the contingency fund they select Client's property in the event that the Client does unless such additional cost results from a not make payment within the time prescribed in negligent act, error, or omission related to this agreement. The Client agrees that services services performed by JTL. by JTL are considered property improvements Contractor Selection JTL may make and the Client waives the right to any legal recommendations concerning award of defense to the contrary. construction contracts and products. The Client Consequential Damages Neither the Client nor acknowledges that the final selection of JTL shall be liable to the other for any construction contractors and products is their consequential damages regardless of the nature sole responsibility. or fault. Shop Drawing Review If included in the scope Environmental Matters The Client warrants of service, JTL shall review shop drawing they have disclosed all potentially hazardous submittals from the contractor solely for their materials that may be encountered on the conformance with the design intent of and Project. In the event unknown hazardous performance criteria specified for the Project. materials are encountered, JTL shall be entitled JTL shall not be liable for the performance of or to additional compensation for appropriate consequential damages of any equipment actions to protect the health and safety of its furnished by the contractor under the Project. personnel, and for additional services required Construction Review If included in the scope of to comply with applicable laws. JTL and the service, JTL shall observe the progress and Client acknowledge that unforeseen content of the work to determine if the work is environmental matters may arise during the proceeding in general accordance with the course of the Project. The Client shall notify JTL Contract Documents. This construction review is of any potential environmental matters of which intended to observe, document, and report the Client may be aware, and JTL shall information concerning the construction process. immediately notify the Client through its Observation of work at the Project site shall not designated agent of any environmental matters make JTL responsible for the work performed by of which JTL becomes aware. The parties shall another party, the means, methods, techniques, mutually agree to a course of action, which shall sequences, or procedures selected by another include termination of the Project. In the case of party, nor the safety precautions or programs of an emergency, JTL will take appropriate action another party. and immediately contact the Client's designated Rejection of Work JTL may recommend that agent. In the event of an emergency, JTL will be the Client reject work by construction contractors compensated for actual costs and for its that does not conform to the requirements of the services based on the billing rates established in Project. the agreement. Safety JTL shall be responsible solely for the Cost Opinions The Client and JTL safety precautions or programs of its employees acknowledge that actual costs may vary from and no other party. JTL shall not be responsible the cost opinions prepared and that JTL offers for any aspect of Contractor site safety. no guarantee related to the Project cost. Information from Other Parties The Client and Independent Counsel The Client agrees to JTL acknowledge that JTL will rely on obtain independent legal and financial counsel information furnished by other parties in for the Project considering JTL does not furnish performing its services under the Project. JTL these services. shall not be liable for any damages that may be Contingency Fund The Client acknowledges incurred by the Client in the use of third-party the potential for changes in the work during information. 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 JTL Terms and Conditions 06/06/23 Page 3 of 4 Professional Services Agreement Attachment B -Terms and Conditions Construction Record Drawings If included in laws of the state in which the Project resides. the scope of service, JTL will deliver drawings to Assignment Neither party shall assign its rights, the Client incorporating information furnished by interests or obligations under the Project without construction contractors. In that construction the express written consent of the other party. record drawings are based on information Waiver of Rights The failure of either party to provided by others, JTL cannot and does not enforce any provision of these terms and warrant their accuracy. conditions shall not constitute a waiver of such Force Majeure Neither party will hold the other provision nor diminish the right of either party to responsible for damages or delay caused by the remedies of such provision. acts of God, acts of war, strikes, accidents, or Warranty JTL provides no other expressed or other events beyond the other's control. implied warranty. Dispute Resolution The Client and JTL agree Severability Any provision of these terms later that they shall first undertake voluntary held to violate any law shall be deemed void and negotiation when an issue or a claim occurs. If all remaining provisions shall continue in force. no resolution is reached, both parties agree to In such event, the Client and JTL will work in diligently pursue resolution of all disagreements good faith to replace an invalid provision with within 45 days of either party's written notice one that is valid with as close to the original using a mutually acceptable form of mediated meaning as possible. dispute resolution, excluding AAA, prior to Survival All provisions of these terms that exercising their rights under law. JTL shall allocate responsibility or liability between the continue to perform services for the Project and Client and JTL shall survive the completion or the Client shall pay for such services during the dispute resolution process unless the Client termination of services for the Project. issues a written notice to suspend work. No Personal Liability The client further agrees Suspension of Work The Client may suspend that, to the fullest extent permitted by law, no services performed by JTL with cause upon owner, shareholder, officer, director, partner, fourteen (14) days written notice. JTL shall principal or employee of JTL shall have personal submit an invoice for services performed up to liability under this indemnification provision, the effective date of the work suspension and under any provision of the Agreement, or for any the Client shall pay JTL all outstanding invoices matter in connection with the Professional within fourteen (14) days. If the work suspension Services provided by JTL in connection with the exceeds thirty (30) days from the effective work project. 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 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 contained herein shall be interpreted in such a manner as to render it unenforceable under the JTL Terms and Conditions 06/06/23 Page 4 of 4 JACOBI, TOOMBS AND LANZ, INC. 2023 HOURLY BILLING RATES STANDARD HOURLY BILLING CODE CLASSIFICATION RATE" PR2 PRINCIPAL- PRESIDENT $210 PR1 PRINCIPAL-VICE PRESIDENT $200 PM3 PROJECT MANAGER III $170 PM2 PROJECT MANAGER II $155 PM1 PROJECT MANAGER I $145 DL DISCIPLINE LEADER $225 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 Eli ENGINEERING TECH I $70 CT3 CAD TECH III $100 CT2 CAD TECH II $85 CTl CAD TECH I $75 LS2 LAND SURVEYOR II (LS) $120 LS1 LAND SURVEYOR I (LS) $110 SC SURVEY CHIEF $90 ST2 SURVEY TECHNICIAN II $80 ST1 SURVEY TECHNICIAN I $70 RCM RESIDENT CONSTRUCTION MANAGER $130 RP RESIDENT CONSTRUCTION REPRESENTATIVE $110 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 EXP MILEAGE: PER MILE Current federal mileage rate Overtime will be charged at 1.25 times the standard billing rate. "'r 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.