HomeMy WebLinkAboutJTL (Contract for 8th and Ohio Parking Lot & Bathroom Design and Layout) 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: I-21 V5
Department: G6MVKelp 0,642
Vendor Name: Jig
Sign Date: 17--0 7-5
Ending Date: I O t�t,`'' ,1 gaile Uage64---
Amount of Original Contract: / 3/11 77
Is this an amendment or change order
to original contract? Yes or ( IVO
Amended Contract Amount:
Purpose: \t, Pki it paA74
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For Clerk's Office to fill out
Date uploaded to Gateway:
11111 Jacobi,Toombs and Lanz, Inc.
Consulting Engineers
1829 East Spring Street New Albany,Indiana 47150 (812)945-9585 Fax(812)945-6656
PROFESSIONAL SERVICES AGREEMENT
This is an agreement made as of this9._._{ e day of , 2023, between the City of
Jeffersonville, Indiana, acting thru its Redevelopme Com "ssion (OWNER) and Jacobi,
Toombs and Lanz,Inc. (JTL),a registered corporation.
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 Jacobi,Toombs and Lanz,Inc.
Redevelopment Commission Consulting Engineers
500 Quartermaster Court 1829 E Spring Street
Jeffersonville,IN 47130 New Albany,IN 47150
By f Pod et e By 4----�
Client/Title chael C. Harris,PE,
rPresident
Witness Witness 1- 1--Z
JOsh Darby,PE, ociate
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 purpose of this project is to construct a new parking lot with restroom facilities at the vacant lot on the southeast
corner of the intersection of 8th Street and Ohio Avenue. The lot is currently owned by the City of Jeffersonville
Redevelopment Commission. The parking lot would serve to provide parking and restrooms for the Falls Landing
Park project which is currently under construction and scheduled for completion of construction at the end of 2023.
Scope of Services Included:
Topographic Survey
Perform topographic survey of the vacant lot located at the southeast corner of the intersection of 8th Street and Ohio
Avenue in Jeffersonville,Indiana. According to Elevate GIS,the lot consists of two parcels,both of which are owned
by the City of Jeffersonville Redevelopment Commission. Topographic Mapping of the approximately 1/3 acre area
will be collected,plus sufficient adjacent area to allow for site grading and drainage analysis/design,to be processed
and used to create a surface model and contours in CAD. JTL will also research and resolve existing property lines.
The deliverable will be a CAD file,which will also be used for the site design.
Engineering Design and Construction Documents
JTL will design and provide construction plans for the proposed parking lot and restroom facilities,meeting all City
Standards. The restroom facilities will be specified as a Prefabricated Restroom Facility "Spec Building" using
plans/specifications of a prefabricated building as selected by the City of Jeffersonville. No architectural design will
be provided as part of this scope. JTL will coordinate as required with the restroom manufacturer and include all
necessary plans and specifications(both by the manufacturer)into the project's bid documents.
Landscape Plan
A Landscape Plan and accompanying planting details will be prepared. Based on preliminary discussions with
representatives of the City of Jeffersonville,a plan produced by a licensed Landscape Architect will not be required.
The City of Jeffersonville Planning Department will assist JTL and provide input into the desired landscape/planting
plan. Plant species will be chosen to mimic those being installed on the adjacent Falls Landing Park project.
Local Permitting/Coordination
Based on preliminary discussions with the City's Planning and Zoning Director,JTL will not be required to submit
applications to the Plan Commission or the Board of Zoning Appeals. The plans will be reviewed and approved at a
staff level and the only formal approval anticipated is by the Jeffersonville Building Commission(for the Restroom
Facilities). No permit or submittal fees are included with this proposal. No State or Federal Regulatory Permits are
anticipated to be required for this project.
Specifications and Bidding
JTL will prepare technical specifications and a bid package to accompany the construction plans.JTL will assist the
Owner in bidding the work,analyze Contractor bids received,and provide award recommendations.
Scope of Services Not Included:
• Boundary Survey
• Environmental Assessment/Engineering
• Lighting/Electrical Engineering Design
• Irrigation Design
• Geotechnical Investigation/Engineering
• Architectural Design of Restroom Facilities-Prefabricated Facilities will be Specified
Jacobi,Toombs and Lanz,Inc. Page 2 of 3 Professional Services Agreement
• Landscape Plan Certified by Licensed Professional Landscape Architect
• Plan Commission and Board of Zoning Appeals Submittals
• Permit Fees
• Construction Administration and Inspection
Project Schedule:
All survey and design work shall be completed within 120 calendar days after signing of the agreement and issuance
of Notice to Proceed.
Method of Compensation:
Payment to the CONSULTANT shall be on a lump sum basis for a sum of$37,500.00. A breakdown of the
tasks/fees are as follows:
• Topographic Survey - $3,500.00
• Engineering Design and Construction Documents - $19,500.00
• Landscaping Design - $4,500.00
• Local Permitting - $2,500.00
• Specifications and Bidding - $7,500.00
Total - $37,500.00
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
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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
their services and may retain subconsultants to limit for bodily injury and
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
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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.
Cost Opinions The Client and JTL Safety JTL shall be responsible solely for the
acknowledge that actual costs may vary from safety precautions or programs of its employees
the cost opinions prepared and that JTL offers and no other party. JTL shall not be responsible
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
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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
the Client shall pay for such services during the Client and JTL shall survive the completion or
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
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